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HomeMy WebLinkAbout1977 10-13 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 OCTOBER 13, 1977 Call to Order: The Planning Commission met in regular session and was called to order at 8:05 p.m. by Chairman Cecilia Scott. Roll Call : Chairman Scott, Commissioners Engdahl , Jacobson, Pierce 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. ` September 29, 1977 Pierce to approve the minutes of the September 29, 1977 meeting as corrected. The motion passed unanimously. Application No. 77055 Following the Chairman's explanation the first item of (Gerald Jacobson) business was consideration of Application No 77055 submitted by Gerald Jacobson. The item was introduced by the Secretary who stated the applicant seeks a special use permit for a special home occupation at 1821 Irving Lane North. . He explained that the Zoning . Ordinance permits the employment of one nonresident person as part of a home occupation, and that con- stitutes a special home occupation, requiring a special use permit. He reviewed a letter submitted to the file by the applicant in which the applicant stated that the nonresident person was employed to answer the telephone and to babysit the applicant's school age children. He stated that only office activity would be conducted at the home, and that no trucks would be stored there except his own pickup. The Secretary explained that the Zoning Ordinance permits the parking of one com- mercial vehicle for the use of the occupant of the premises for transportation to and from his job. Chairman 'Scott recognized the -applicant, Mr. Gerald Jacobson, who stated he had nothing further to add to the application. Public Hearing Chairman Scott announced that a public hearing had been scheduled and recognized the resident of 6900 Logan Avenue North who inquired as to the nature of the business proposed. The Secretary respondea and the applicant confirmed that the applicant's business was a roofing contracting firm, but that the only part of the business that would be conducted on the premises would be the answering of the telephone, an office activity. Chairman Scott recognized the :resident of:1721 Irving Lane North who inquired as to whether there would be trucks parked in front of the residence. The applicant responded that only .his own vehicle would be parked at the residence, and that there would be no vehicles coming to the house to make deliveries or pick up orders. Chairman Scott again recognized the resident of 1721 Irving Lane who stated the applicant had kept five or six dogs on the property and asked if this was permitted. The Secretary responded that a kennel operation was not permitted in a single family resi- dential zoning district, but that ownership of ,not more than two adult dogs was permitted. The applicant stated he is in the process of selling his other dogs, and indicated that he will have only two dogs to comply with the ordinance. Close Public Hearing Motion by Commissioner Jacobson seconded by Commis- sioner Pierce to close the public hearing.. The motion passed unanimously. -1- 10-13-77 Potion by Commissioner Engdahl seconded by Commissioner Recommend Approval of Jacobson to recommend approval of Application No. 77055 Application No. 77055 submitted by Gerald Jacobson subject to the following (Gerald Jacobson) conditions: 1 The permit is issued to the applicant as operator and is not transferable. 2. The permit is subject to all applicable ordinances, codes and regulations, and violation thereof may be grounds for revocation. 3. The permit comprehends an office-type use in the'home involving the employment of not more than one nonresident person on the premises relative to the office use. The storage of materials, vehicles or the employment of additional personnel on the premises is prohibited. The motion passed unanimously. The next item of business was consideration of Application No. 77058 Application No. 77058 submitted by the Gittleman (Gittleman Corporation) Corporation. The Secretary stated that the applicant seeks approval of an amendment to the original site plans for Twin Lake North. apartment complex approved under Application No. 68002, He stated the applicant has proposed a 66-unit condominium project on the adjacent site to the west in the City of Crystal , and that this application represented a ,proposal for joint ' access to the proposed condomimium project from the Brooklyn Center site along the existing driveway onto County Road 10. The Secretary reviewed transparencies of the area, pointing out a drainage ditch adjacent to the proposed development site which flows into Twin Lake, He ex- plainedthat the proposed joint access to the Twin. Lake North complex is apparently the most feasible access to the site, versus other access through the City of Cyrstal He stated that Hennepin County Public Works, in response to the proposed plat for the project, recommended that if there is to be access onto County Road 10, it should be i n conjunction with the existing • curb cut to the apartment complex rather than through a new curb cut. He commented that at the time of the 1968 rezoning proposal for the Twin Lake North apart- ment site, the original developer had proposed an apartment project on the adjacent property in the City of.Crystal , and informal conceptual approval had been given by Brooklyn Center for providing utility service to the property. He continued that, although the ap- plicant feels this development would be in common development with the Twin Lake North complex, the projects are located on two separate parcels in two cities and therefore, legal documentation of a joint access agreement would be required. The Secretary showed slides of the area and briefly reviewed the plans for joint access which included . the installation of a right turn lane from County Road 10 into the development and a right tug h °lane: from the development onto County Road l0. Chairman Scott stated that in response to a notice of public hearing from the City of Crystal , the Planning Commission had recommended to the City of Crystal that an Environmental Assessment be prepared. She asked whether this had been done. The Secretary responded that the City of Crystal had approved the conditional use permit on Tuesday, October 11 , 1977. Chairman Scott ' .stated that she was concerned about the impact of the proposed project onto the drainage area which flows into Twin Lake. 10-13-77 -2- An extensive discussion ensued relative to the plans and the impact of the proposed development onto the drainageway. In response to a question from Chairman Scott, the City Engineer stated that the elevations of the basement units and the garages were about three' feet below the 100 year flood level . He explained that the applicant had not been aware of this until recently, and had indicated the elevations would be corrected on the final plans. Commissioner Pierce pointed out that the site plan seemed to indicate a relocation of the drainageway from its position shown on the survey. The applicant's architect explained that the site plans were based upon information from the City of Crystal and the survey which had been completed several weeks ago, showed the accurate location of the drainageway. Chairman Scott recognized Mr. Melvin Gittleman who represented the applicant. Mr. Gittleman stated that there are no'plans to relocate the drainage ditch. In response to a question from Commissioner.-Pierce relative to the elevations of the basement units and garages, Mr. Gittleman stated that any error in ele- vations would be corrected.. The City Engineer pointed out that jurisdiction is with the City of Crystal for approval of site and building plans. Mr. Gittleman showed a conceptual rendering of the con- dominium development and discussed the efforts which had been made to minimize the impact of the development on the neighboring environment, including the adjacent Environmental Preserve. He stated the City, of Crystal felt that the project would have minimal impact on the amenities of the area. He also pointed out that trees along the east side of the site would screen the de- velopment from the Twin Lake North apartment complex. He explained that the site was virtually landlocked in the City of Crystal , and that it would be infeasible to have a second curb cut on County Road 10 because of the proximity of the City limits to the drainageway. He further explained that, while installation of right turn lanes into and from the complex had been included on the site plan, both the Twin Lake North Apartment complex and the proposed condominium development would have a population consisting primarily of middle-aged adults with no children and there would not be as much • traffic impact as could be expected of a family oriented complex. He stated that he had observed the roadway during morning rush hours and there was very .little backup on the internal roadway to turn onto County Road 10. Chairman Scott asked whether documentation of the joint access was required when the properties were in common ownership. The Secretary responded in the affirmative since the projects would be located on separate parcels. He stated the applicant had submitted draft documentation. Commissioner Engdahl asked whether the increased traffic would merit a signal light at the intersection. The City Engineer responded that this would not be necessary with the addition of the. right turn lanes. Commissioner Book asked whether utilities would be provided to the site by Brooklyn Center or by the City of Crystal . The City Engineer responded that, dependent upon the details for assessment, and the capacity of the lift station, between the two cities, the City of Brooklyn Center would provide the utili- ties. In response to another question by Commissioner Book, The City Engineer stated that the existing storm sewer system was owned by the apartment complex. Mr. Gittleman commented that the development of the site was comprehended when the utilities were put into the Twin Lake North complex. -3- 10-13-77 Following further discussion there was a motion by Recommend Approval of _ Commissioner Jacobson seconded by Commissioner Book Application No. 77058 to recommend approval of Application No. 77058 sub- (Gittleman Corporation) mitted by the Gittleman Corporation subject to the following conditions: 1 . Grading, drainage, utility and curb cut design plans are subject to approval by the City Engineer. 2. A Performance `Agreement and financial guarantee (in an amount to be determined by the City*Manager) shall be submitted to assure completion of approved site ,.. improvements 3. Appropriate documentation as approved by the City Engineer and the City Attorney shall be executed relative to the joint access, ownership, and maintenance responsibilities; and the provision for inspection and maintenance by the City, if necessary, of the common facilities. The motion passed unanimously. The next item of business was consideration of Application No. 77044 Application No. 77044 submitted by the Jesus People (Jesus People Church) Church. The Secretary stated the application for special use permit to build a church in the R-3 zoning district had been heard by the Planning Commission at its August 25, 1977 meeting. He explained the application had been tabled to allow for the following: review by the Housing Commission; review by the Northwest Advisory Group; preparation by the applicant of a conceptual cross elevation view showing the church from the single family resi- dential area; research of the Comprehensive Plan and the Metropolitan Council housing and development framework guideline requirements. The Secretary reviewed some of the various aspects of the application. . He stated the parcel was one of four undeveloped R-3 zoned parcels remairiing in the City and one of two R-3 parcels of sufficient magni- tude (15 acres and above) to support a planned resi- dential development. He also reviewed the Compre- hensive Plan language which recommended that single family group housing be encouraged due to the general luck of suitable sites for such housing and also because of the stated goal to provide a range of housing choice at different price levels. The Secretary explained that a determination must be made that the proposed church use is necessary for the public welfare in the R-3 district, i .e., that the proposed use would have comparable value to the public welfare as the permitted townhouse use. The Secretary stated the Housing Commission had reviewed the application as requested and the Commissioners had been polled for their opinions, generally concluding that the Comprehensive Plan language should be observed and that the land should be retained for housing purposes. He continued that the Northwest Neighborhood Advisory Group had recommended approval of the application in that the church use represented a buffering "step-down" land use from the industrial Park to the single family housing and as such was acceptable. The Secretary stated that a cross elevation view of the church from the single family residential area had been prepared and he presented it to the Commission for review. - 10-13-77 -4- He explained that in regard to Metropolitan Council housing and development framework guides, an updated housing guide had been prepared which identified Brooklyn Center as a "first priority area" for the de- velopment of housing, and that the City was allocated a responsibility for meeting a share of the Metropolitan housing needs. He continued that the development framework guidelines state that existing comprehen- sively planned residential land within the MUSA (Metropolitan Urban Service Area) line should be used to provide housing or to provide employment opportunities. The Secretary also reviewed a recent presentation by a representative of the Metropolitan Housing staff , to the Housing Advisory Commission. Chairman Scott stated that, although the public hearing had been held earlier, she recognized that there were people in the audience who wished to speak relative to. the application. She recognized the resident of 3006 Thurber Road who stated four major concerns: that the parking design should be such that it was not more convenient to park in the residential area than to park in the parking lot; that there should be buffer screen- ing between the single family housing and the church; the loss of revenue if the property were tax-exempt; the nature of the church. He specifically asked whether the church's ministry included treatment of drug dependent persons. Chairman Scott recognized Pastor Worre who represented the applicant and who responded to the question. He stated that he was not aware of any chemically depend- ent members of the church and that the Disciple Ministry, an outreach program for young people, would ; remain in its south Minneapolis location. In response to questions from some of the neighbors concerning the nature of the church and its rapid growth, Pastor Worre and several congregation members explained that the church was basically conservative, it was not a cult religion, that the congregation con- sisted of all ages of people, about half young adults, and that the rapid growth of the church was due to the fact that spiritual needs exist and are being met by the church. It was further explained by the residents of 4918 Upton Avenue North and 6343 Dupont Avenue North that the church is nondenominational One of the residents of 3012 Thurber Road stated her concern that there might be possible noise pollution in the form of loud music from the church. Another resident of 3012 Thurber Road pointed out that it should be considered that the value of having the church.in this location could be greater than the value of pro- viding housing or an increased tax base. The resident of 5414 Russell Avenue North spoke in favor of the application. Several members of the congregation living outside of the Brooklyn Center area stated that if the church were located in Brooklyn Center, they would move to the area Chairman Scott reviewed some of the major concerns in considering the application. She stated that any decisions made concerning this area would have to be consistent with all other R-3 zoned areas She re- iterated that a finding would have to be made that the church was necessary for the public welfare, and should the application be approved the Comprehensive Plan guideline would have to be amended. -5- 0 10-13-77 t . An extensive discussion ensued relative to the appli- cation. Commissioner Book pointed out that, if the church were being proposed for an R-1 or an R-2 zoned area, where churches .are specifically listed as special uses, and that the proposal would have to be approved, notwithstanding the housing potential .. Commissioner Pierce stated that, since the Comprehensive Plan recommended the R-3 zoning as an intermediate use be- tween the Single Family Residential zoning and the I-1 Industrial Park zoning, he felt the church represented as good a buffer as the R-3 townhouse use. Commissioner Jacobson stated that her concern was with the housing shortage, and that, if the City was to provide the Metropolitan Council 's allocation of 2,263 housing units by 1990, and has a potential to develop only approximately 2,000 housing units, she felt that it was best to leave the land for development of housing. Commissioner Engdahl stated that he felt the church use would be a good use and that the neighborhood appeared to approve of the use, but that his concern was with the loss of revenue to the City and the School District if the property went tax exempt. The Secretary explained that churches were comprehended specifically in the R-1 and R-2 zoning districts, because at the time of the adoption of the Comprehensive Plan, churches were perceived to be neighborhood uses and therefore, would be located in residential areas. He continued that because of the increased automobile accessibility, churches are no longer necessarily neighborhood-oriented, and that the-church represented by the application was not a neighborhood-oriented or local church, and that therefore, a residential district ,s not necessarily the only area in which to locate such a use. He added that there was other commercial or industrially zoned land in the City and in the Industrial Park available for development, including religious uses. He also pointed out that the Comprehensive Plan recommended the R-3 single family attached, housing for this parcel , not only as a buffering between the Single Family Resi- dential and the Industrial Park, but also in order to provide a variety of housing choices at different price levels.. He added, that the Comprehensive Plan could be changed to reflect the changing needs of the community. Chairman Scott stated that this was a difficult decision, but that the Comprehensive Plan was very specific relative to this property. She stated that in view of this and in view of the fact that there is not enough residentially zoned land at present to. support the housing needs of the City, the land should be retained for housing. Motion by Commissioner Engdahl seconded by Commissioner Recommend Denial of Jacobson to recommend. denial of Application No.' 77044 Application No. 77044 submitted by the Jesus People Church in that the proposed (Jesus People Church) use is not deemed necessary for the public welfare in the R-3 'district by consideration of the following: 1 . The 'Comprehensive Plan recommends that single family attached housing be encouraged for this site due to the general lack of suitable sites, and to . the need for a variety of housing styles and costs. 2. The loss of tax revenue represented ,byr the proposed tax exempt church use is not in the best interests of the subject School District, which contains sub- stantial tax exempt land, or of the City. - 3. The amount of R-3 zoned land in the City, and especially larger sites, suitable for townhouse development or for a planned residential development, is limited. 10-13-77 -6- 4. Metropolitan Council Housing Guide stresses that a wide range of housing choices be provided at different price levels and that the fullest use be made of all residentially zoned land. - 5. There are other nonresidential sites available in the area suitable for building which would preserve sites ..such as this for housing. 6. The Housing Commission generally con- cluded that -the land should be retained for R-3 type development. 7. Although the land has not as yet developed under its existing zoning, townhouses and attached housing represent a feasible and marketable development. Any negative environmental effects caused by the proximity of the freeway can be minimized by proper berming and landscaping. 8. The City should preserve its residentially zoned land for development of housing to meet its share of the Metropolitan Area housing needs. Voting in favor of the motion: Chairman Scott; Comis- sioners Engdahl and Jacobson. Opposed: Commissioners Pierce and Book. The motion passed. Recess: The Planning Commission recessed at 10:20 p.m. and resumed at 10:45 p.m. Other Business: In other business the Secretary stated that minor revisions had been made to the plans submitted by. JKH Construction Company and approved under Application No. 77053. The Commission reviewed the revised elevations of the building and it was the consensus of the Com- missioners that the exterior revisions were consistent with the approved plan. The Planning Commission also briefly reviewed the status of the Howe Fertilizer, Inca applications for rezoning and site and building plan approval . The Commission next reviewed the future meeting' .schedule. It was the consensus of the Commissioners that the next meeting date would be October 20, 1977. Adjournment: Motion by Commissioner Engdahl seconded by Commissioner Jacobson to adjourn the meeting. The motion passed unanimously. The Planning Commission adjourned at 11 :30 p.m. Chairman -7- 10-13-77 e 1 1