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HomeMy WebLinkAbout1977 05-25 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 25, 1977 CITY HALL Call to Order: The Planning Commission met in study session and was -, called to order at 8:00 p.m. by Chairman Cecilia Scott. Roll Call : Chairman Scott, Commissioners Engdahl , Pierce, Jacobson, .and Book. Also present were Acting City Manager and Director of Public Works James.Merila, Director of Planning and Inspection Blair Tremere and Planning Aide Laurie Thompson. Approve Minutes Motion by Commissioner Engdahl seconded by Commissioner August 11 , 1977 Jacobson to approve the minutes of August 11 , 1977 meeting as submitted. The nation passed unanimously. Application No. 77043 Following the Chairman's explanation the first item of (Georgiana Proctor) business was consideration of Application No. 77043 submitted by Georgiana Proctor. The item was introduced by the Secretary who stated the applicant is seeking a a Special Use Permit for a home occupation involving a 'beauty shop. He stated the applicant is in the process of purchasing a home at 3501 - 63rd Avenue North which contains a beauty shop approved under Application No. 69028. He stated the proposal represents a continuation of the two station operation. • Public Hearing Chairman Scott announced that a. public hearing had been scheduled and noted that none of the notified property owners was present. Chairman Scott recognized the applicant and a brief discussion ensued relative to proposed hours of operation. Close Public Hearing Motion by Commissioner Jacobson seconded by Commissioner Pierce to close the public hearing. The motion passed unanimously. Further discussion ensued relative to the maximum hours of operation and off-street parking. Commissioner Pierce inquired whether there was a record of any problem with the existing facility, and the Secretary responded in the negative. Recommend Approval of Motion by Commissioner Jacobson seconded by Commissioner Application No. 77043 Pierce to recommend approval of Application No. 77043 (Georgiana Proctor) submitted by Georgiana Proctor subject to the following conditions: 1 . The permit is issued to the applicant as operator and is not transferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and violation thereof shall be grounds for revocation. 3. A copy of the current State Operator's License shall be kept on file with the City. 4. The maximum hours of" operation shall be 8:00 a.m. to 8:00 p.m., Monday through Saturday. 5. All parking related to the special use shall be off-street on appropriate space provided by the applicant. The motion passed unanimously. -1- 8-25-77 The next item of business was consideration of Application Application No. 77044 No. 77044 submitted by the Jesus People Church. The (Jesus People Church) item was introduced by the Secretary who stated the appli- cant seeks a Special Use Permit and related Site and Building Plan approval for a proposed church on the ap- proximate 20 acre tract which is zoned R-3 lying north of I-94, south of Shingle Creek Parkway, between old and new 'Xerxes Avenues North. Chairman Scott announced that a public hearing -on the special use request had been scheduled, and she explained the format of the public hearing. She stated that, fol- lowing presentation.of the request by the staff, the ap- plicant would be recognized and could offer any additional . comments or information and, following that presentation, the hearing would be opened for comments from neighboring property owners and other interested parties. The Secretary continued by explaining the proposed church development consists of a Phase I, including the main church building, parking, and an athletic field. He stated the second phase comprehends a school addition attached to the church. He presented slides of the property and explained that the proposal comprehends an approximate 3,000 seat sanctuary, with the potential of up to 4,200 seats The Secretary then reviewed the site and building plans and indicated the applicant had included a master "proof of parking" plan demonstrating that the site could contain the ordinance required parking for the church with the ultimate seating. The Secretary explained that, whereas churches and schools are specifically listed as special uses in the R-1 (Single Family and Two Family) zo.-,ing districts, the R-3 zoning district, which includes this property, provides for "non- commercial uses required for the public welfare in an R-3 district; as determined by the-City Council . " He stated, therefore, a specific finding must be made by the Planning Commission and by the City Council that the proposal repre- sents a non-commercial use required for the public welfare in this zoning district, based upon a variety of consider- including the merits of the proposal, the nature of permitted uses in the zone (townhouse/garden apartments and attached single family dwellings) and the impact of the proposed development. The Secretary also explained that, as with all special uses, the Zoning Ordinance in Section 35-220 states that a special use may-only be granted by the City Council after demonstration by evidence that five listed standards are met. He reviewed the standards, and he commented that the applicant had submitted a letter to the file respond- ing to the provision for non-commercial uses in the R-3 district as well as to the special use standards. The Secretary,stated that the Comprehensive Man recom- mendations for the Northwest Neighborhood state that the City should promote the development of single family at- tached housing on the site, and that single family group housing should be encouraged due to the general lack of suitable sites for such housing, and also because of the stated goal to provide a wide range of housing choice at different price levels. The Secretary stated that a related specific finding should be made in the form of an amendment to the Compre- hensive Plan to the effect that the proposed special use is deemed to be an appropriate alternative to the single family attached housing. He stated that this finding would be concurrent with tree finding that the proposal was deemed to be a non-commercial use required for the public welfare-in an R-3 district, 8-25-77 -2- Chairman Scott then recognized Mr. Cal Hedlund, who represented the applicant, and -a brief discussion ensued relative to the site and building plans and a model of the building and site presented by Mr. Hedlund. The Secretary commented that the building floor plans in- dicated a retail book store, and that the applicant had been advised that retail sales were not permitted even by special use permission in the R-3 zoning district. He stated that the remainder of the plans had been amended to reflect a reading room facility in lieu of the originally proposed store. Commissioner Horan Arrives: Commissioner Horan arrived at 8:40 p.m. Public Hearing Chairman Scott announced that the public hearing was now open, and she reiterated the public hearing criteria: each person who desires to speak should so indicate by raising their hand and would be identified in turn; each person when recognized, should state their name and address; no one would be recognized a second time until all who so desired to speak had had an opportunity to present their views; all parties should avoid unnecessary repetition; and all parties should limit their comments to the issue before the Commission. She then recognized the resident of 3000 - 67th Avenue North who stated his concerns with potential traffic problems generated by a use of this magnitude, even if worship service hours were limited to the typical Sunday and evening hours used by most churches. He also stated concerns regarding the proposed drainage along the west property line. He stated that in general he was opposed to the use. The resident of 3001 - 67th Avenue North was recognized and stated opposition to the proposal and concern re- garding noise, particularly that which could be gener- ated from a major athletic field located near the single family residential homes. Chairman Scott then recognized Mr. Bob Spies, 6342 Colfax Avenue North, Chairman of the Brooklyn Center Independent School District (286) Board. Mr. Spies stated he welcomed the opportunity to present the concerns of the Board to the Planning Commission since the proposed development would have a significant impact upon the community in general and the School District specifically. He stated the District was realizing a declining enrollment, and that housing was in short supply and at a premium throughout the district. He stated that the District has a high proportion of tax-exempt land and development, and he cited examples including existing and proposed I-94 Freeway Corridor (including properties recently taken for noise abatement purposes), City owned buildings, the MTC Bus facility, and the proposed Hennepin County Library Services Center. He also commented that there were a number of churches already established through- out the School District, and that these represented tax-exempt properties. He stated that, from the perspectives of sound tax base and stable housing supply, the Board felt the proposal was detrimental to the interests of the School District. He commented that the City's Comprehensive Plan specifically called for the development of higher density single family homes on the subject property to serve as an intermediate land use between the single family residences on the west and the commercial industrial park on the east. He stated the Board's recommendation was to adhere to the Comprehensive Plan and to deny the special use petition. He stated that further information could be supplied by the District Superintendent as requested by the Planning Commission. -3- ' B-25-77 Chairman Scott then recognized Mr. Dick Grones who stated he represented Brooklyn Center Industiral Park, Inc. , and that he wished to respond to the concerns of the School Board and to speak on behalf of the proposed development. He stated that relative to the contention that there was a limited supply for housing, there would be provision for additional high-rise housing in the Earle Brown Farm area. He also stated that the City and Brooklyn Center School District were fully developed with the exception of the Industrial Park, and he commented that develop- ment such as that proposed by the Jesus People Church would help stimulate the filling out of the industrial and commercial land by generating interest in the area. He stated that construction of new commercial and in- dustrial buildings as well as additions to existing buildings were enhancing the tax base, and that the prime concern of B. C. I P. was to expedite the full development of the remaining land. He stated that ap- proximately 200 acres remain for development, and that the subject site represented 10% of that. He stated that a church of this magnitude would draw people to Brooklyn Center from throughout the Twin Cities, and that the congregation, consisting of many younger families, could be expected to patronize City businesses and to reside in this area. ° Chairman Scott recognized the resident of 3006 Thurber Road who asked a number of questions relative to ordinance requirements for the proposed development. He inquired whether the proposed athletic field would be lighted, and Mr. Hedlund stated that no artificial lighting of the athletic field was planned. The resi- dent suggested that more substantiai berming along the west side of the site could provide a better screening effect with the construction of fencing across the top of the berm. He suggested that relatively sub- stantial trees could be planted along the east portion of the berm which, when mature, would provide an ad- ditional screening and aesthetic effect. In response to a question from one of the residents, Mr. Hedlund stated the proposed service hours would be on Sunday and Sunday evening as well as on Wednesday evening. He stated other special services and events would also be conducted during the week, but the intensity of the activity would not be that experienced during the regular services. Motion by Commissioner Engdahl seconded by Commissioner Close Public Hearing Jacobson to close the public hearing. The motion passed unanimously. Extensive discussion ensued and the Secretary restated the zoning requirement that a finding must be made that the proposed use represents a non-commercial use required for the public welfare in an R-3 district. In response to a question by Chairman Scott, the Secretary stated the 20 acre site could support ap- proximately 160 single family attached housing units. Chairman Scott also inquired as to the number of existing churches and other tax-exempt properties and developments in the Brooklyn Center School District and the Secretary stated that the information was not immediately available, but that a map could be prepared indicating the distri- bution of such uses. 8-25-77 -4- Chairman Scott also stated concerns as to the possible relation the proposal might have with the Metropolitan Land Planning Act and the Comprehensive Planning process. The Secretary stated that local plans must be consistent with various Metropolitan Policy Guidelines including housing, but that the precise relationship of the proposal to those guidelines and the Compre- hensive Planning Act would have to be further clarified.. He stated that the present Comprehensive Plan speci- fically recommends that the subject property be re- served for housing, and that prior to approval of an alternate type of development such as the Jesus People Church, it would be necessary to amend the existing Comprehensive Plan. Chairman Scott then reviewed the Zoning Ordinance guidelines for special use permits and explained to those present that the Commission would evaluate the information presented to determine if the five criteria were met. Chairman Scott also stated that the School District's remarks regarding the housing needs merited further review, and she recommended the matter be referred to the Housing Commission for input relative to local and Metropolitan housing policies. Commissioner Horan stated that, in reaching a deter- mination whether the proposed church use was required for the public welfare, the Commission should consult with the City Attorney as to any applicable legal considerations. A discussion ensued between Commis- sioner Horan and the Director of Public Works regarding the proposed greenstrip along the west side of the property and the grade differentials along that property line. Commissioner Horan suggested that a cross sectional elevation showing the effect of the screening as seen from the residential properties should be provided Commissioner Pierce stated that in his opinion, the concerns expressed relative to housing were the most important in developing a finding that the use was required for the public welfare. He stated that further input should be sought from the Housing Advisory Commission and from the Northwest Neighborhood Advisory Group. Commissioner Engdahl stated that he had three basic concerns: that the adjacent property owners be given ample opportunity for thorough review and input re- garding the proposal ; that the impact of traffic upon the area and the neighborhood be fully analyzed; and that the matter of taxes be fully considered since the ramifications of the tax exempt status would be distri- buted throughout the City and not just upon the School District. Commissioner Book stated he was in favor of referring the matter to 'the Metropolitan Council , not only in the context of housing, but also in the context that a development of this size was Metropolitan or regional in scope and was not a community-oriented facility. He stated that his primary concern centered on the magni- tude of the physical development and the environmental ramifications which would be realized from such a development. Commissioner Jacobson stated she agreed the matter should be reviewed by the Housing Advisory Commission, and that applicable Metropolitan and Local Housing Policies should be thoroughly reviewed with _respect to the effects of the proposal . -5- 8-25-77 Motion by Commissioner Horan, seconded by Commissioner Table Application No. 77444 Jacobson to table further consideration of Application (Jesus People Church) No. 77044 submitted by Jesus People Church, and to refer the -oncerns relative to housing to the Housing Advisory Commission; to direct the staff to analyze the applicable local and Metropolitan Council Housing Policies; to refer the matter regarding amendment of the Comprehensive Plan and compliance with special use standards to the Northwest Neighborhood Advisory Group; and to permit time for the preparation of additional data regarding the inventory of churches and other tax exempt properties in the Brooklyn Center School District, and the preparation of a cross-sectional rendering showing the sight elevation from the residential properties west of fhe subject site. The motion passed unanimously. Chairman Scott recognized Pastor Worre, who represented the applicant, and stated that the development of the chruch, including securing the necessary Special Use Permit was a very time consuming process. He asked the Planning Commission to consider that the church at its present facilities was at the "bursting point; and was most anxious to proceed with this matter. The next item of business was consideration of Appli Application No. 76041-A cation No. 76041-A submitted by the Meadow Corporation. (Meadow Corporation) The item was introduced by the Secretary who stated the applicant was seeking amendment of the Special Use Permit for the eight phase planned residential development located in the northwest corner of the City at 69th Avenue North and Unity Avenue North. He explained the request was for approval of Phase 2 of the project, and that the original approval had stipulated that all subsequent phases would be subject .to site and building plan approval . He explained that a Special Use Public Hearing had been scheduled. Chairman Scott reiterated the procedures for the public hearing. The Secretary stated approval of Phase I comprehended 20 units at the south end of the project near 69th Avenue North. He stated that one building has been erected, which is being used as the model and sales office He stated the proposed Phase 2 comprehends 24-two-unit buildings as a extension of Phase I to .the north and to the east. He stated the developer is specifically requesting approval of the Phase 2 units as an extension of the initial phase, primarily for marketing purposes. ' The Secretary also explained that the developer has undertaken extensive site preparation work throughout the entire project, and that the City has expressed concerns to the developer that this work far exceeded subgrade ,preparation of the proposed roadway through the project. He explained the specific concern is the conclusion of the site preparation work which has resulted in a removal of ground cover throughout the area, and it could result in severe dust problems as well as the use of the graded property by un- authorized persons and motor vehicles. A brief discussion ensued between Commissioner Book and the Director of Public Works relative to provision for utilities throughout the site and the installation of Unity Avenue North as a public roadway. Chairman Scott recognized Mr. Duane Dietrich who represented the applicant, and an extensive discussion ensued relative to completion of the first phase before proceeding with subsequent phases. 8-25-77 -6- Chairman Scott stated this has been a long standing City concern based upon experience with other phased ' projects where subsequent phases were commenced before work had been completed on initial phases. She asked the applicant when the Phase I landscaping and berming would be completed, and when the required fencing be- tween the project and the neighboring single family homes would be completed. Mr. Dietrich responded that the completion of the berming and most of the .common area landscaping on the east side of the project was being completed at this time, and that the required chainlink fencing was on order and should be installed within the next week. He presented a rendering of the site and explained the location of the installed trees, plantings, sod, and berming in Phase I. In response to questions by Commissioner Engdahl and Commissioner. Pierce relative to how he determined when to commence subsequent phases, Mr. Dietrich stated that generally planning is based upon marketing ex- perience, weather considerations, and scope of the total project. He stated in this instance the area shown on the master plan as Phase 2 was deemed to be an integral part of the initial marketing phase. He stated that Phase II and the related amenities repre- sented the 'meat" of the project, and it was essential to include that in the initial marketing efforts. Chairman Sc tt stated concern as to the restoration of the bala ce of the site, which had been disturbed with the si a work described by the Secretary. The Secretary r sponded that the applicant had been re- quested to submit a detailed schedule of how the site would be restored, and he emphasized that it was im- portant that this work be accomplished as soon as pos- sible to diminish the potential environmental problems which could result without restoration. Public Hearing Chairman Scott announced that a public hearing had been scheduled, and she recognized the resident of 6937 Toledo Avenue North, Mr. Lundgren, who stated there had been problems with black dirt blowing onto adjacent yards. He stated that he recognized there would be some effect during the initial construction, but that he also was concerned that the northerly portions of the site, which had been disturbed for preparatory work, be restored to prevent increased dust and dirt problems. Chairman Sc tt recognized the resident of 6913 Toledo Avenue Nort , who stated several concerns regarding the ongoing construction including survey work along his rear pr perty line and the clearing of the area along the project's east property line where the pro- posed fence would be installed. He also inquired as to what measures would be taken to control mosquito breeding in the proposed open water areas and what City safety requirements there were regarding open water great 2r than 4 feet deep. Mr. Dietrich responded that the op 2n water could be chemically treated and aerated as a preventative measure for mosquito control . He stated tat the ponds would not be represented as swimming ar as, although the owners of the project may in fact use them as such. The Secretary explained that the or inance requires fencing around designated swimming po ls, and that in- that context the plans called for the erection of a 4 foot chainlink fence around the perimeter of the project. In response to a question by Chairman Scott, Mr. Dietrich stated the fencing would be installed as each subsequent phase progressed. He also stated that ultimately the Home- owners Association would be responsible for the main- tenance of the open areas including the ponds. -7- 8-25-77 The resident of 691.3 Toledo also inquired whether the setback of the unit in Phase I had been modified from the orginal approval . The Secretary stated that, . subsequent to the original approval , the main roadway had been accepted by the City as a public street and in order to comply with City Ordinance requirements for a 35 foot minimum front yard setback, the units had been moved away from the roadway 10 feet further than the original 25 foot setback. Motion by Commissioner Book, seconded by Commissioner Close Public Hearing Engdahl to close the public hearing. The motion passed unanimously. The Secretary then introduced Application No. 77040 sub- Related Review of mitted by Meadow Corporation explaining that it_ compre- Application No. 77040 hended preliminary plat approval for 'Phase II. He stated (Meadow Corporation) the preliminary plat had been approved for the overall project, and that all phases, other than the first phase, had been comprehended as Outlots. He stated, therefore, the subject application was a replatting of designated Outlots He noted, however, the original final plat had not been approved by the City Council , pending review of Homeowner Association Documents by the City Attorney. In a brief discussion concerning the proposed plat, the Director of Public Works explained certain easements which would be necessary relative to drainage and storm sewer provisions. In response to a .question by Commissioner Book, the Secretary explained that, with the exception of Unity Avenue North, all areas were platted as outlots or lots and blocks. He recommended that the Phase II preliminary plat be revised to indicate the proposed cul-de-sac road from Unity Avenue as a lot. In response to a- question by Commissioner Pierce, Mr. Dietrich explained that the Homeowners Association Documents for subsequent phases would consist of amend- ments to the original covenants which would be filed with the original plat. The Secretary stated that the City Attorney was completing his review of the basic Home- owner Association Documents, and that it was expected the final plat approval would be before the City Council at a September meeting. Commissioner Pierce suggested that provisions for mosquito control in the common areas and the open water areas should be spelled out in the document, and the Secretary indicated that the concern would be related to the City. Attorney. Motion by Commissioner Pierce seconded by Commissioner Recommend Approval of Horan to recommend approval of Application No. 760414 Application No. 76041-A submitted by Meadow Corporation subject to the following (Meadow Corporation) conditions 1 . The approval is subject to the conditions set forth in the original Special Use Permit, approved under Application No. 76041 2. Appropriate provisions for mosquito control in the open areas and open water areas, such as through chemical treatment and aeration, shall be in- corporated into the Homeowner Association Documents as approved by the City Attorney. 8-25-77 -8 3. The applic nt shall submit a detailed schedule o restoring the disturbed are s of t e site, not subject to act ve con truction, prior to City Cou cil re iew of the application; and said r storation work shall be com rehend d in the appropriate site wor or su division improvement Per ormanc Agreement The motion passed u animously. Recommend Approval of Motion by Commissioier Engdahl , seconded by Commissioner Application No. 77040 Jacobson to recommeid approval of Application No. 77040 (Meadow Corporation) submitted by Meadow Corporation subject to the following conditions: 1 . Final plat is subject to approval by the Cit3 Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. Appropriata easements as approved by the City Engin er shall be provided relative to drainaga and storm sewer improvements. 4. The privat roadway-extending from Unity Avenue Nor ;h shall be indicated as a lot or outlot is approved by the City Engineer. The motion passed u animously. Commissioner Jacobson Leaves Commissioner Jacobs)n left the meeting at 10:20 p.m. Application No. 77037 and The next item of business was consideration of Appli- Application No. 77038 cation No. 7 037 anJ of Application No. 77038 submitted (Howe, Inc.) by Howe, Inc The item was introduced by the Secretary who stated the applicant seeks rezoning, from R-1 (Single Family Residential ) to I-2 (General Industry) , of the two lots immediately west of the Howe Fertilizer site. He explained that both properties, addressed as 3129 and 313 - 49ti Avenue North, are owned by Howe, Inc. and each contains a single family dwelling. The Secretar also 2xplained the applicant proposes the erection of new b ilding on the north side of the site parallel to 9th Av nue North; the addition to the west end of the s utherly building near the railroad right- of-way; and iemolition and replacement of the building at the southeast portion of the site informally known as the "potato shed." He stated also proposed are paving, curbing, and screening improvements including the in- stallation o the ordinance required buffer zone greenstrips. The Secretary comme ted that there are several non- complying features )f.the present site; a major one being the lack of b ffer zones or greenstrips required by the present ordinance wherever industrial uses abut residential uses. He stated also that there were a number of no complying building setbacks, unpaved and uncurbed -driving and parking areas, and unsodded areas. The Secretant also reviewed the Comprehensive Plan guidelines for the Southwest Area and specifically for the subject property. The Plan states, at page 67: Recognize the existing fertilizer plant and other nonresidential uses located just off Osseo Road next to the Soo Line Railroad, but prohibit any further expansion of their operation. If at all feasible, the eventual relocation of these uses to more compatible sites should be undertaken thereby permitting a rounding out of the existing residential area. -9- 8-25-77 The Secretary explained that the other nonresidential uses referred to had since been eliminated through Highway Department taking for purposes of creating an access to the Howe site. He also stated that prior to any rezoning, it would be necessary to review and revise or eliminate the Comprehensive Plan recommendation which represented an established planning guideline for the neighbor- hood. He suggested that a key determination in disposing of the Application is whether the proposal represented an expansion of the operation or an up- grading of the present site. Chairman Scott reiterated the procedures for a public hearing and recognized Mr. Robert Kuebelbeck, an architect representing the applicant, and Mr.' Bii1 Howe. Mr. Kuebelbeck commented on the proposed plans amplifying the Secretary's remarks about the proposed construction and installation of greenstrips and buffer zones. He stated that if the applicant were permitted to utilize the two adjacent properties and upgrade the existing industrial operation, various benefits would be realized by the surrounding neighborhood and by the community, namely, the installation of the required buffer greenstrips and the paving, curbing and land- scaping of the site in general . Mr. Kuebelbeck also reviewed the history of the Howe operaion noting that it had been established for many years. His comments were broadened by Mr. Bill Howe who stated the present operation had expanded substantially, with the company's service area extending beyond the original local farming community. Mr. Howe stated the proposed structures were desired with the means to provide proper storage for existing equipment and vehicles and to allow an upgrading of the present operation with respect to warehousing and storage. Chairman Scott then announced that the public hearing Public Hearing would be open for comments from persons with interest in the application. The Secretary noted that a written response had been received from the Director of Planning and Development for the City of Minneapolis who supported the Comprehensive Plan language and recommended that further expansion of the Howe, Inc. operation be pro- hibited. The letter was read and placed into the file. Chairman Scott then recognized Mr. Virgil Linn, 3112 - 49th Avenue North, who stated that he would present - comments which he believed were representative of himself and of others throughout the neighborhood who had met to discuss the proposal, in light of previous experiences with the applicant's operation. Mr. Linn cited a number of concerns including air pollution, odors, noise, vibrations, dust, unaesthetic outside storage and piling of debris, and truck traffic in the area. Mr. Linn continued that he and other neighbors objected to the proposed rezoning and the proposed expansion of the property. He stated that they believed that there had been a lack of cooperative attitude on the part of the applicant over the years, and that it was doubtful the proposed benefits would outweigh the substantial disadvantages experienced in the area as a result of the applicant's operation. Mr. Linn also stated concern with the possiblity of future expansion on the same grounds that the rezoning would allegedly result in an upgrading of the operation. He also stated that he was concerned with the bulk storage of various chemicals and gasoline on the property, and he inquired as to what protective measures existed for residents of the area, should an industrial accident occur resulting in spillage or leaks. 8-25-77 -10- Mr. Linn concluded that perhaps the major concern over the years had been with the pollution which the appli- cant's efforts had failed to resolve, and he stated that the slides of the site which had been presented did not adequately reflect the pollution and odors generated by the operation. Mr. Linn su mitted a summary of his 'comments to the. Secretary tc be placed in the file. Chairman Sc tt then recognized the following Brooklyn Center resi ents who had been sent the required notice of public haring: 3141 , 3201 , 3205, 3211 - 49th Avenue Nort ; 4903 Brooklyn Boulevard; 4900, 4901 , 4911 , 4912, 4929, and 4928 Zenith Avenue North. Each expressed o position to the proposed rezoning and pro- posed construction and cited a variety of concerns including air pollution, noise, unaesthetic outside storage of cebris and vehicles, and storage of fuel and chemicals. Chairman Scott then recognized the following additional residents ol Brooklyn Center: 3301 , 3320, 3334, 3337 - 49th Avenue North; 4900, 4917, -5000 Abbott Avenue North; 4944 and 4948 Zenith Avenue North. Each ex- pressed opp sition to the proposed rezoning and ex- pansion and. cited similar concerns relative to pol- lution and other activities related to the operation. Mrs. Scott hen recognized M" . Alice Rainville, 4th Ward Alderw man from Minneapolis, who recited the concerns st ted in the letter from the Director of Planning an Development. She also commented on the experience he City of Minneapolis had recently had with the Fr Roofing Company regarding air pollution in the area and she suggested that the long-term com- plaints aga nst Howe Fertilizer Company should be documented, nd that the Minneapolis Pollution Control Department ould be prepared to provide the document- ation they ad developed over the years. She stated that, as a epresentative of the City of Minneapolis, it was her ecommendation that the Comprehensive Plan should not a amended and that the proposal should not be granted pproval on the basis that the Plan had re- ceived extensive public input and represented sound planning. Chairman Scott then recognized the following residents from the City of Minneapolis: 812 - 42nd Avenue North; 4723, 4901 , and 4904 Washburn Avenue North; 4726 and 4730 Xerxes Avenue North. Each stated opposition to the proposed rezoning and development plans citing reasons of pollution and lack of improvements by the applicant over the years. Chairman Scott then determined that all parties present who wished o speak had spoken, and she again recog- nized Mr. V rgil. Linn who reiterated several concerns and requested the Commission to recommend denial of the applica ion. Close Public Hearing Motion by Commissioner Horan seconded by Commissioner Book to close the public hearing. The motion passed unanimously. Chairman Scott then recognized Mr. Bill Howe who re- sponded to several of the concerns cited during the public hearing. He stated that it was the applicant's feeling the construction and site improvements compre- hended by the applications would correct most of the problems and would, for the most part, bring the operation within the existing zoning standards of the City. He also stated that there would be no increase in production levels; that the bulk storage liquids are of the no pressure/low pressure variety and were not considered hazardous; that there' was no use of -11- 8-25-77 anhydrous ammonia; that the plant had recently passed an OSHA inspection with few minor problems; that there was an exterminator contracted to treat the premises for pests; and the plant does not operate 24 hours a day. Mr. Howe also commented that he or members of the firm were available for consultation with neighbors about existing problems; that improved pollution control equipment was planned,and that the firm was actively working on the design of such equipment to further diminish the emissions from the plant; and that the company was operating under a current permit issued by the State Pollution Control Agency. .� Chairman Scott stated that a basic issue represented by the applications was the public welfare for both the immediate neighborhood and of the community. She stated that the basis for the Comprehensive Plan guide- line for the Southwest Neighborhood was clearly founded on that concern and the apparent incompatibility of the fertilizer plant with the surrounding residential uses. She stated that, as with all rezoning matters, the item should be referred to the appropriate Neighborhood Advisory Group, and in this instance, the Southwest Neighborhood Advisory Group should be directed to con- sider the need to amend the Comprehensive Plan guide- line regarding the subject use as a prerequisite for amending the Zoning Ordinance. Chairman Scott stated that the City staff should be directed to secure input from appropriate related agencies, including the State Pollution Control Agency and City of Minneapolis offices regarding the pollution control efforts made by the applicant; any existing air pollution problems with the operation; and re- garding storage of chemicals and fuel on the site. She stated the applicant should also provide additional information regarding the following: 1 . The types and amounts of chemicals stored on the premises 2. The level of toxicity of the chemicals and the products. 3. Measures to be taken to eliminate unauthor- ized outside ,trash disposal and debris. 4. The intensity and-frequency of blasting and other noise-producing activities related to the production. 5. Provision for emergency procedures including posting of after-hours telephone numbers on the buildings. 6. Existing and proposed hours of operation. 7. A description of shipping and receiving activities, including the amount accomplished by over-the-road vehicles Commissioner Horan suggested that as the information was obtained regarding air quality and current emissions, it should be made available to the Neighborhood Advisory Group. The Secretary responded that such information may not be currently available for review by the Ad- visory Group, but a summarization of that data should be available for the Commission. Commissioner Book agreed with the items of information required of the applicant by the Chairman and stated that he was particularly interested in the month-by-month hours of operation and the breakdown of use of rail and over-the-road vehicles for shipping and receiving. 8-25-77 -12- Commissioner Engdahl stated that at this point, the Commission should recognize that the applicant has rights to operate his plant within applicable laws and regulations and to make the request as provided in the Zoning Ordinance. He stated that it was essential to gather more detailed information to reach a sound de- cision on this matter. The Acting City Manager stated that the Commissioners should carefully evaluate the Comprehensive Plan lan- guage and particularly the reference to prohibition of expansion of the operation. He stated that it was vita to determine whether the proposed construction in fact represents an expansion, versus an enclosure and upgrading of the existing operation primarily of outside storage and parking activities. He cited the importance of clearly establishing the public good involved in realizing an upgrading of the premises as proposed, especially in the context that the applicant had stated there would be no increase in the production levels. He also explained that the applicant, under the present ordinance, could conduct certain improvements now such as paving, and screening without the installation of the required buffer zone greenstrips The Acting City Manager concluded there was a dilemma involved, namely, to not rezone would result in lesser or no improvements to the present situation; whereas to rezone the adjacent property would allow for a sub- stantial improvement and upgrading of the present situation. Commissioner Pierce inquired as to when the last ex- pansion of the premises occurred, and Mr. Howe re- sponded that it was in the eariy 1960's. Several persons in the audience responded that there had been many assurances made,at that time that a general up- grading of the site would occur and that experience had indicated nothing to that effect. Table Applications No. 77037 Following further discussion there was motion by Com- and No. 77038 missioner Horan seconded by Commissioner Pierce to (Howe, Inc.) table Applications No. 77037 and 77038 submitted by Howe, Inc. and to defer the rezoning and development request to the Southwest Neighborhood Advisory Group for review and comment; and, to specifically request that the Neighborhood Group review the proposals in the context of the Comprehensive Plan guidelines; and, further, to direct the staff and the applicant to de- velop the information cited by the Chairman. The motion passed unanimously. 'Other Business: The Secretary reviewed City Council action on August 22, 1977 regarding Planning Commission Application No. 77034 submitted by Richard Rockstad. He stated the item involving a variance request to permit the use of required greenstrip for parking had been tabled and that the staff and City Attorney had been directed to research the matter further relative to possible grounds for granting a variance or whether there was substantial basis for amending the ordinance relative to greenstrip requirements along major thoroughfares in the various zoning districts. He stated that the Council had specified the information should be re- viewed and commented on by the Planning Commission. In other business, the Secretary. reviewed a draft resolution recommending formal adoption of Rezoning Evaluation Policy and Criteria. He explained the policy and criteria had been developed by the Commis- sion over the past several months, and that the Commis- sion, while using them for guidance in reviewing re- zoning applications, felt they should be formally established. -13- 8-25-77 Following further discussion, member Patrick Horan intro- duced the following resolution and moved its adoption. RESOLUTION RECOMMENDING ADOPTION OF REZONING APPLICATION RESOLUTION EVALUATION AND CRITERIA NO. 77-5 The motion for the adoption of the foregoing resolution was duly seconded by member Harold Pierce, and upon vote being taken thereon, the following voted in favor thereof: Scott, Engdahl , Book, Pierce and Horan; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. In other business, the Commission discussed the future meeting dates and it was consensus of the Commission that the regular September meeting should be on the 14th or 15th, depending on availability of space. The Secretary stated that the study session was scheduled for September 22. Motion by Commissioner Engdahl seconded by Commissioner Adjournment Horan to adjourn the meeting. The Planning Commission adjourned at 12:45 a.m. Chairman 8-25-77 -14