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HomeMy WebLinkAbout1978 02-23 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 FEBRUARY 23, 1978 Call to Order: The Planning Commission met in study session and was called to order at 8:00 p.m. by Chairman Gilbert Engdahl . Roll Call : Chairman Engdahl , Commissioners Malecki , Jacobson, Hawes and Sazama. Also present were Director of Public Works James Merila, Director of Planning and Inspection Blair Tremere, Planning Aide Laurie Thompson and Building Official Will Dahn. Approve Minutes Chairman Engdahl stated that approval of the minutes (February 23, 1978) would be deferred until later in the evening. Application No. 78005 The first item of business was consideration of Appli- (Residential Alternatives, cation No. 78005 submitted by Residential Alternatives, Inc.) Inc. The item was introduced by the Secretary who explained the applicant is seeking a special use permit for a residential group care facility for up to eight handicapped adult clients, under provisions of Section 35-311 (h) which provides "other noncommercial uses required for the public welfare in an R-2 District as determined by the City Council " at 5449 Lyndale Avenue North. The Secretary stated that the City Ordinances permit group care facilities for up to six wards or clients and a resident family per dwelling unit. He also stated that State law provides that such facilities, involving six or fewer clients, shall be deemed per- mitted single family residential uses for purposes of zoning. He stated the applicant proposes a single family dwelling unit for up to eight clients and a resident family. The Secretary reviewed transparencies of the area, explaining that the zoning of this property was R-2 (One and Two Family Dwellings) and that this type of special use was comprehended in the R-1 Zoning District as well . He explained that the main consideration was whether a permitted residental care facility with two additional clients above the permitted six met the ordinance standards for special use; and that, if it were the determination that the standards were met, then a special use permit should be granted. The Secretary reviewed the ordinance standards for granting a special use permit as well as the State law regarding residential care faciliites for mentally re- tarded and physically handicapped. The Secretary reviewed preliminary site and building plans and commented that the proposed structure was within the Zoning Ordinance requirements for single family homes on this property. He stated the proposed access to the property was from 55th Avenue North across a remnant parcel , adjacent to the I-94 Freeway right- of-way, which would be combined with the subject lot. He explained that use of this rear parcel would eliminate the need for access onto Lyndale Avenue North. The Secretary also reviewed the exterior elevation drawings of the proposed house and Chairman Engdahl invited members of the audience to examine the site and building plans which had been posted. -.1.- 2-23-78 Chairman Engdahl then recognized David Gee and Peter Jacobson who represented the applicant and who stated that the operation of the proposed .home would be comparable to the one built several years ago by the Brooklyn Center Jaycees at 507 - 69th Avenue North. Following a brief discussion, Chairman Engdahl announced Public Hearing that a public hearing had been scheduled and that notices had been sent to neighboring property owners within 150 feet of the subject property as required by City Ordinance. He then recognized the following residents who had been notified of the hearing: 5429, 5433, and 5445 Lyndale Avenue North, who stated their concern and opposition to the proposed special use permit. Chairman Engdahl also recognized the following residents of the area not among those sent official notices: 5315, 5323, 5331 Lyndale Avenue North, who stated their concerns and opposition to the proposed special use permit. Concerns voiced by residents included: incompatibility of the exterior aesthetics with other homes in the area; the possible effects of altering an existing drainage ditch across the subject property; the basis for the R-2 zoning of the property in the area; the transportation requirements of residents of the home and availability of transit in the area, especially upon completion of the Freeway; provisions for special fire safety measures in the design and construction of the proposed home and the possible impact of the proposed special use upon neighboring property values. Motion by Commissioner Hawes seconded by Commissioner Close Public Hearing Malecki to close the public hearing. The motion passed unanimously. Chairman Engdahl asked the Secretary, the Director of Public Works and the applicant to respond to the various concerns and questions. With respect to the exterior finish of the house, the Secretary stated that City Ordinances do not specify aesthetic design or materials, provided they meet requirements of the State. Building Codes. Mr. Gee stated that the proposed wood siding and stone treatment had been selected as a matter of preference, just as a stucco finish or masonry construction had been preferred and selected by the builders of other homes in the area. With respect to the concern about drainage across the property, the City Engineer stated that the gully had, at one time, been a major drainage-way in the area, but was no longer needed as such due available storm sewer line across the westerly portion of the properties in the area. He also stated that approximately one year ago when the subdivision was reviewed for this property, consideration had been given to the natural drainage flow across the property, and provision was made for drainage. He stated that when the property was developed, the developer would be required to take the necessary steps to assure positive drainage for the property without impacting upon neighboring properties. Commissioner Book arrived at 8:40 p.m. Commissioner Book Arrives With respect to the basis for the R-2 zoning, the Secretary stated that, when the entire City was subject to a Comprehensive Rezoning in 1968 to assure that the zoning was compatible with the Comprehensive Plan adopted in 1966, this area as well as all of the South- east Neighborhood south of 55th Avenue North were zoned R-2 to permit single family homes and two family homes. A resident of 5429 Lyndale Avenue North questioned whether all people in the area received notices when the land was rezoned, and the Secretary explained the notice procedure that the City used at the time, to 2_23-78- -2- notify all residents in the City of the hearings that were ongoing regarding zoning. Also, with respect to the zoning question, the Secretary explained that the proposed special use permit was available in the R-1 zoning district as well as the R-2 zoning district, and thus, zoning of the property was not a matter before the Commission with respect to this application. Relative to the question about available transit and the transportation needs of the residents of the facility, the Secretary stated that public transit was available at this time and according to future plans of the Metropolitan Transit Commission, there would be avail- able public transit in this area. He stated that specific routes were not determined, but it was anti- cipated that since Lyndale Avenue North would become an access road to the Freeway, buses would be going by the property. Mr. Jacobson commented that generally the residents would use available public transit or one vehicle which the applicant would provide. He stated it could also be expected that the supervisory resident family would have a vehicle. A brief discussion ensued relative to the amount of guest parking and the establishment of a parking lot area to the rear of the property. The Secretary ex- plained that, should any property in the City develop the need for six or more permanent open parking spaces, the Zoning Ordinance required that the parking area be screened from view from all neighboring residential properties. Mr. Jacobson stated that residents would perhaps have one or two visitors a month on an inter- mittent basis, and other persons would stop by period- ically, but that the need for six or more open parking spaces was not anticipated. He noted that a garage was proposed for the house vehicle and the vehicle of the resident family. With respect to fire safety provisions, Building Official Will Dahn commented that the structure must comply with the minimum standards of the State Building Code and this governs such things as the fire resistive- ness of materials used, the layout of the facility and the provision for automatic and manual fire notification systems. The resident of 5323 Lyndale Avenue North inquired about proper fire fighting capability in this area, since City water was not available, including the lack of fire hydrants. The City Engineer responded that several efforts have been made in the past years to . carry petitions through the area for the installation of City water, and that these efforts have not been successful . He stated at this time, to his knowledge, fire protection with respect to water availability was achieved by hauling water and for drawing it from the river. During further discussion about the availability of water, Mr. Merila explained the proposed design of the water mains required to provide service in the area, and he explained it was anticipated that mains would be installed during the construction of the Freeway. During further discussion relative to the safety pro- visions and operation of the home Mr. Gee stated that there were no special needs regarding physical protect- ion, other than training to assure necessary mobility in an emergency situation. -3- 2-23-78 Regarding the matter of the possible impact of the proposed special use upon the value of existing homes in the area, the Secretary stated that value was deter- mined by a willing seller and a willing buyer, and it was difficult to forecast whether future perspective home buyers would give particular consideration to a neighboring residential care facility. He stated that, based on experience with such facilities in Brooklyn Center and in other communities, there was no evidence that such facilities resulted in a depreciation of nearby property values. He stated that the development of the subject parcel with a new home could be expected to stabilize and support property values in the area as would any new development. Discussion ensued as to provision for recreational facilities and Mr. Gee explained that, during the day, the clients typically are attending school or are at jobs. He stated that evening and weekend recreation was of the normal variety, ranging from outside activities such as bowling, shopping, and movies to inside activities such as watching television and reading. In response to a question by one of the residents relative to the supervision available when the resident family is gone, Mr. Gee explained that it is required that a super- visor is always on the premises when a client is there, and that provision is made for a relief supervisor to enable the resident family to pursue personal activities off the premises on weekends and during vacation periods. Further comments were made regarding the traffic levels along Lyndale Avenue North and the provisions for fencing along the new Freeway. Commissioner Jacobson stated that she would not participate Commissioner Jacobson in any of the deliberations or in the voting, since she Abstains had a personal interest in the matter. Chairman Engdahl then polled Commissioners, and Commis- sioner Malecki inquired whether residents are required to be involved in some form of daily activity such as a job or attending school , and Mr. Gee responded that it was a State requirement. Commissioner Malecki then inquired as to the basis for the State law establishing six residents as a permitted single family residential use. The Secretary commented that, prior to the passage of the law, the general number used to define a family unit comprised of unrelated persons was five, and that the State law was based on the need for uniform guidance for a proper number, and on the experience throughout the Metropolitan area, particularly in communities not permitting care facilities for the mentally retarded and handicapped. Commissioner Book asked the applicant whether the level of mental and physical competency of the residents of the group care facilities was substantially above the preconceived notions much of the public has concerning handicapped persons. The applicant responded in the affirmative and stated that generally the handicapped persons involved with this program show a remarkable capability of overcoming their particular mental or physical handicap and coping with everday life. Com- missioner Book also spoke to the matter of traffic on Lyndale and stated it was his opinion the speed and volume of traffic should be substantially controlled with the completion of Interstate 94. He also commented that, in his opinion, the existing group home on 69th Avenue had been successful and had not caused any problems for the community or the neighborhood. Commissioner Book stated that he felt there was a great deal at stake in approving the special use permit as a demonstration of the community's ability to be good neighbors and to be proud of the City for providing for such facilities. 2-23-78 -4- In response to a question by Commissioner Hawes, the Secretary stated that the central concern was whether proposed operation could include up to two persons over the basic six, and comply with the standards for a special use permit. He stated that special uses were permitted uses subject to special conditions or re- quirements, and that if a finding were made that the proposed use did comply with the Ordinance special use standards, a finding should be made in favor of the application. Commissioner Sazama inquired as to the approval of the site and building plans and the Secretary explained that the major aspects of the site plan that would relate to the special use permit would be provision for off-street parking and perhaps screening of the yard and parking facilities. He stated that in other re- spects the building plans and site layout would be subject to the normal ordinance requirements including State Building Code requirements for single family houses and group care facilities. Chairman Engdahl stated that the R-2 zoning would permit a two family dwelling on this site. He stated that the State could license each dwelling unit for up to six persons, without a special use permit, and the total number of residents could be up to twelve in addition to the supervisory family. He stated that the applicant's proposal for a single family dwelling for up to eight residents was a sound effort to retain the single family character of the area, and he also noted that, should problems develop over time, the special use permit could be recalled for review by the Planning Commission and City Council . The Secretary stated that with respect to concern for long-term maintenance and operational characteristics, the facility would be licensed by the State of Minnesota which had regulations governing the operation and supervision of the homes. He also stated that this dwelling, as within any other in the City, would be subject to the provision of the Housing Maintenance and Occupancy Ordinance. In response to a question by the Secretary, Mr. Jacob- son responded that the applicant is a private developer, that fees are paid to the owner by the resident clients , that the property is not tax-exempt and is not con- structed with public funds. Recommend Approval of Following further discussion, there was a motion by Application No. 78005 Commissioner Book seconded by Commissioner Malecki to (Residential Alternatives, recommend approval of Application No. 78005 subject to Inc.) the following conditions: 1 . The special use permit is issued to the applicant as operator and is nontransferable. 2. Issuance of the permit is subject to all applicable codes, ordinances and regulations , including special licensing, and violation thereof may be grounds for revocation. 3. A copy of the current State operating license shall be kept on file with the City. 4. There shall be provision for adequate off- street parking as determined by the City including installation of screening around open parking spaces under the provision of the Zoning Ordinance. -5- 2-23-78 Voting in favor: Chairman Engdahl , Commissioners Malecki , Book, "Hawes, and_Sazama. Not voting: Commissioner Jacobson. The motion passed. The meeting recessed at 9:35 p.m. and resumed at 9:55 Recess P.M. Commissioner Pierce arrived at 9:56 p.m. Commissioner Pierce Arrives Motion by Commissioner Hawes seconded by Commissioner Approve Minutes: Malecki to approve the minutes of the February 9, 1978 February 9, 1978 meeting as submitted. Motion passed unanimously. The next item of business was consideration of Appli- Applications No. 78009 and cations No. 78009 and No. 78010 submitted by Pilgrim No. 78010 Cleaners. The items were introduced by the Secretary (Pilgrim Cleaners) who stated the applications were related: No. 78009 consists of a variance relative to certain greestrip requirements and No. 78010 consists of site and parking plan approval He stated the property involved was the southeast corner of the intersections of 69th Avenue and Brooklyn Boulevard, and that the applicant was owner of the Pilgrim Cleaners and had acquired the vacant former service station to the north, proposing to remodel it and use it in con- junction with the dry cleaning business. He stated that the properties must be combined through replatting and that common site improvements involving curbing,parking and landscaping would be provided according. to the sub- mitted plans. The Secretary then reviewed slides of the area and extensive discussion ensued regarding the variance request relative to greenstrips. The Secretary explained that the greenstrip requirements were related to those areas adjacent to Brooklyn Boulevard. He stated there were two parts of the variance, and that for convenience they could be referred to as Part A and Part B. Part A involves the area at the main entrance of the present Pilgrim Cleaners facility. He indicated on the plan that it is physically possible to obtain a 15 ft. greenstrip as required by present ordinance between the property line and the interior parking. He indicated , that the parking lot paving now comes out to the property line and that there is no curbing between that parking area and the existing sidewalk and highway right-of-way. He stated that the applicant contends that installation of the greenstrip would result in the loss of two parking stalls and a possible drainage problem due to grade changes which the greenstrip installation would involve. Part B involves the area in front of the former service station. The Secretary explained that the existing green- strip area is approximately 12 ft. rather than 15 ft. wide, and that the redesign of the parking lot involves closing an existing curb cut to the service station and installing a greenstrip. He stated that a 15 ft. greenstrip is possible both at the location of the curb cut and through the widening of the existing greenstrip. He indicated on the plan that the greenstrip could be provided at the ordinance minimum width and retain the parking and driving delineation and flow through the area. He stated the applicant contends that the existing curbing should not have to be removed in order to widen the greenstrip, and that the new greenstrip should be kept in line with the existing curb to provide a driving and parking area which is as open as possible. 2-23-78 -6- An extensive discussion ensued relative to- the parking provisions on the combined site and the Secretary ex- plained that, based on the sizes of the two buildings and in consideration of the C-2 zoning, there was a deficiency in parking. He stated another way of look- ing at the problem was that, under the ordinance standards where parking formulas also determine the density of buildings on a given piece of property, the bulk of these buildings exceeded the capacity of the site. He stated that due to the nature of the specific operation on the property, the parking designated by the applicant should be adequate to support the specific use. The Secretary further commented that observation of the present dry- cleaning operation indicated that, with the additional area provided by the service station, the on-site driving and parking congestion should be sub- stantially diminished and that the site improvements proposed represented a major upgrading of the property. The Secretary reviewed the site plans and explained that on the south side of the present dry cleaning building, there is a drainage problem which has existed for many years in front of an overhead door which the appli- cation was removing. He stated the plans indicated that problem would be corrected. He also explained with respect to the proposed curb cuts onto 69th Avenue North, that, while minimum County and City standards were met, the westerly curb cut did not represent the most de- ,sirable traffic design. He stated that, while the design and location did not represent an immediate hazard, it had potential for becoming a major problem as the traffic intensity on 69th Avenue increased. Commissioner Pierce inquired as to a proposed screen fencing in the parking area to the south of the service station building and the Secretary indicated that the applicant felt a screening device from the dry cleaning plant loading area was desirable. The Secretary also commented that a concrete island should be provided as. the base for the fencing. The Secretary and the Director of Public Works dis- cussed the proposed traffic flow where the westerly curb cut on 69th Avenue North would be "in only;' the easterly curb cut on 69th Avenue North would be out only, and the curb cut onto Brooklyn Boulevard would be "in only. " The Secretary also remarked that there were existing underground storage tanks at the rear of the former service station and that these should be removed or properly sealed as required by ordinances and codes. A discussion ensued regarding the proposed variances and, in response to several questions, the Director of Public Works stated that installation of curbing and greenstrip at the front of the existing store could include grading so that a drainage problem would not result. He also commented as to the curb cut proposal on 69th Avenue North and stated a safer configuration would be a single major curb cut near the existing east driveway which would serve as a main entrance and an exit. Chairman Engdahl recognized Mr. Don Rosen, owner of Pilgrim Cleaners and his architect, Mr. Ron Erickson who reviewed renderings of the proposed site improve- ments and of the proposed exterior aesthetic modifi- cations to the building. -7- 2-23-78 Mr. Erickson discussed the requested variance at the front of the dry cleaning plant and stated the appli- cant's concern was with the loss of two existing parking , spaces and with the possible creation of a drainage problem at that area due to grade changes. He stated that the parking in front of the building was crucial to the operation and that removal of two spaces would be detrimental . Mr. Erickson commented on the other greenstrip area in front of the former service station and stated concerned that removal of existing curbing for purposes of of achieving 212 to 3 ft. of greenstrip did not seem to be practicable. He stated the proposed greenstrip at the area where the curb cut would be removed would be kept in line with that greenstrip. Mr. Rosen discussed the proposed use of the former service station where the dropoff and pick up functions would be located. He explained that accessibility and convenience for the customers were crucial to his business and that the purpose of acquiring the adjacent land was not only to gain additional building area and to separate the functions, but was also to provide a more and access- able site. Commissioner Jacobson inquired as to whether any problems with "stacking" of cars was anticipated and the Director of Public Works responded that it was a possibility, but that it was expected the "stacking" would occur on the site and not on the street. Commissioner'Sazama stated his concern as to the relation of the proposed curb cut on 69th Avenue North in relation to June Avenue across the street. He stated that he had observed traffic problems in that area, and he noted that there is a bus stop in the area of the proposed driveway. Chairman Engdahl stated that'a public hearing had been Public Hearing scheduled on the variance matters and that none of the notified property owners was present. Motion by Commis- sioner Pierce to close the public hearing. The motion passed unanimously. Further discussion ensued relative to the proposed variances and the ordinance standards for granting a variance. Chairman Engdahl suggested that the variance be treated separately, as described by the 'Secretary, on their individual merits. With respect to Part A of Application No. 78009, involving Action Recommending Denial the installation of greenstrip at the entrance of the of Part A of Application existing dry cleaning establishment, there was a motion No. 78009 by Commissioner Sazama seconded by Commissioner Book to (Pilgrim Cleaners) recommend denial of the variance request, in that it was not within the intent of the ordinance, and the variance standards were not clearly met as to uniqueness and hardship. Voting in favor: Commissioners Sazama, Book, Pierce and Hawes. Voting against: Chairman Engdahl , Commissioners Malecki and Jacobson. The motion passed. With respect to Part B of Application No. 78009, relative Action Recommending Approval to the greenstrip in front of the former service station, of Part B ,of Application there was a motion by Commissioner Pierce seconded by No. 78009 Commissioner Hawes to recommend approval of the variance (Pilgrim Cleaners) request, in that retention of the existing curb line and greenstrip was within the intent of the ordinance; re- moval of the existing curbing to widen the greenstrip represented an undue requirement for the overall aesthetics of the area; and subject to the condition that the new proposed greenstrip would be no less in width than the existing greenstrip. Voting in favor; Chairman Engdahl , Commissioners Malecki , Jacobson,. Hawes and Pierce. Voting against: Commissioners Book and Sazama. The ration passed. 2-23-78 -8 oirni,a sioiier Boo S� ate e felt the site pan should be reviewed by a traffic engineer. He stated that, while the proposal did not present an immediate hazard, it was less than desirable in terms of proper design. Recommend Approval of Following further discussion, there was a motion by Application No. 78010 Commissioner Sazama, seconded by Commissioner Malecki , (Pilgrim Cleaners) to recommend approval of Application No. 78010 sub- mitted by Pilgrim Cleaners subject to the fo1iowinq conditions: 1 . Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. Grading, drainage and curbing plans are subject to approval by the City Engineer. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements prior to the issuance of permits. 4. The property shall be combined through platting or registered land survey as required by Section 35-540. 5. All outside trash disposal facilities will be appropriately screened from view. 6. Appropriate signery, as approved by the City Engineer, shall be provided to facilitate traffic flow and traffic control at the designation points of ingress and egress. 7. Required greenstrips shall be installed in accordance with the provisions of the action taken under Application No. 78009. 8. The proposed screen fence south of the former service station building shall` be properly bounded by a concrete island as approved by the City Engineer. 9. The existing underground storage tanks shall be removed or sealed as determined by the Building Official . Voting in favor: Chairman' Engdahl , Commissioners Malecki , Pierce, Hawes and Sazama. Voting against: Commissioner Book. The motion passed. Other Business: The next item of business was a brief discussion of the matter involving ordinance standards and definitions relative to canopies and arports. The Secretary suggested that the Commissioners review the material contained in the agenda packet for discussion at the next meeting. In other business, the Se retary discussed the status of corrective legislation before the State Legislature regarding the Crystal Air ort Zoning matter, and stated that the Senate bill had )een passed through committee to the floor of the Senat . He stated the House bill was still in committee anJ was to be heard next week. He explained that concerns of the Minnesota Department of Transportation and the local interests had apparently been resolved. -9- 2-23-78 on another matter regarding airports, the Secretary Concensus Regarding suggested that consideration was being .given to parti Possible Appeal of cipatng with the City of Crystal , and perhaps the City Airport Section of of Brooklyn Park, in appealing the recent airport section Metropolitan System of the City's System Statement, to the effect that the Statement Metropolitan Council should include in its airport planning the phasing out of Crystal Airport and incorp- orating that function with new intermediate airports in western and central Hennepin C.o,unty which are compre- hended in the new Airport Guide Chapter. It was the con- sensus of the Planning Commission that this would be appropriate action based on sound land use planning and the consideration that new airport sites are being sought. Motion by Commissioner Jacobson seconded by Commissioner Adjournment Pierce to adjourn the meeting. The motion passed unani- mously. The Planning Commission meeting adjourned at 12:30 a.m. Ch(ran 2-23-18 -10-