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HomeMy WebLinkAbout2019 09-12 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER September 12, 2019 1. Call to Order: 7:00 PM 2. Roll Call 3. Approval of Regular Meeting Agenda a. Motion to Approve Planning Commission Regular Session Meeting Agenda for September 12, 2019 4. Approval of Minutes a. Motion to Approve August 15, 2019 Regular Session Meeting Minutes 5. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. Planning Items a. Planning Commission Application No. 2019-015 (Public Hearing) Applicant: City of Brooklyn Center Summary: The Applicant is requesting consideration of a request to amend Section 35-331 of the City Code of Ordinances, which would allow for places for religious assemblies within the I-2 (General Industry) District as a Special Use. 7. Discussion Items a. City Council Meeting Update b. Follow-up on August 29, 2019 Joint Advisory Committee/Commission Session on the Opportunity Site c. Opportunity Site Master Plan Open House #1 (September 19, 2019—Brookdale Library) d. APA-MN Conference (September 25-27, 2019) 8. Other Business None. 9. Adjournment PC Minutes 08-15-19 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA AUGUST 15, 2019 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 2. ROLL CALL Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. City Planner and Zoning Administrator Ginny McIntosh was also present. 3. APPROVAL OF AGENDA – AUGUST 15, 2019 There was a motion by Commissioner Tade, seconded by Commissioner Schonning, to approve the agenda for the August 15, 2019 meeting as presented. The motion passed unanimously. 4. APPROVAL OF MINUTES – JULY 11, 2019 There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to approve the minutes of the July 11, 2019 meeting as presented. The motion passed unanimously. 5. CHAIR’S EXPLANATION Chair Christensen explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS 6a) Planning Commission Application No. 2019-014 (Public Hearing) Applicant: City of Brooklyn Center Summary: The Applicant is requesting consideration of a request to amend Section 35-2240 of the City of Brooklyn Center Zoning Ordinance (CC Central Commerce Overlay District) to clarify permitted and prohibited uses within said District. City Planner and Zoning Administrator Ginny McIntosh reviewed a request for Planning Commission consideration of an amendment to Section 35-2240 of the Brooklyn Center Zoning Ordinance related to the Central Commerce Overlay District (CCOD). She added this PC Minutes 08-15-19 -2- DRAFT amendment is proposed to provide clarification with regard to allowed and prohibited uses within the District. She noted the applicant for this request is the City of Brooklyn Center. Ms. McIntosh stated the majority of the area contained within the Central Commerce Overlay District holds a future land use designation of Transit-Oriented Development (TOD) in the 2040 Comprehensive Plan. She noted the proposed text amendments would both address short-term issues and bring the Ordinance into better alignment with the future land use plan and overall 2040 Comprehensive Plan. Ms. McIntosh stated the proposed redevelopment district would specifically remove or restrict certain auto-oriented uses that would be in conflict with the identified TOD. She noted that although greater restrictions would be placed on such uses as auto repair shops, gas stations, and truck and trailer rental establishments, stand-alone car washes would be permitted within the CCOD. Ms. McIntosh stated the TOD is a new land use designation with a minimum of 75-percent high- density residential and a mix of commercial uses. She added the TOD District emphasizes multi- modal connections to transit in a walkable, bikeable, vibrant core of the City. She noted Shingle Creek Crossing is located within the TOD District, and although it is an auto-oriented area, a more transit-minded development pattern can still be envisioned, and is noted in the 2040 Comprehensive Plan. Ms. McIntosh stated that as the City’s Zoning Ordinance is in the process of being updated, it is anticipated that the CCOD will ultimately either be eliminated or significantly altered from its current form. Any amendments addressed will therefore be inherently temporary while the City completes the Zoning Ordinance rewrite work and the rest of the master planning work currently underway, which may be affected by changes to the Overlay District. She further noted that the proposed amendments are written to protect any business, such as auto repair shops and gas stations that remain in active use. Any use that is discontinued for a period of 12 months or more would not be allowed to resume and would be required to comply with the amended provisions of Section 35-2240. Ms. McIntosh stated City Staff recommends approval of Resolution 2019-012, recommending City Council approval of certain amendments to Section 35-2240 of the Zoning Ordinance for the Central Commerce Overlay District, based on the findings of fact. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2019-014 There was a motion by Commissioner Koenig, seconded by Commissioner Sweeney, to open the public hearing on Application No. 2019-014. The motion passed unanimously. Harlan Daudt, 6000 York Avenue N, requested clarification that the area in question is north of Bass Lake Road, East of Shingle Creek Parkway, west of Highway 100 and north to Target. He asked whether that area is designated entirely for commerce, and allows for no housing. PC Minutes 08-15-19 -3- DRAFT Ms. McIntosh stated the area Mr. Daudt is referring to is called “the Opportunity Site.” The Opportunity Site is located within the Central Commerce Overlay District, but does not make up the entire Central Commerce Overlay District. The City owns approximately 35 acres of the designated 81-acre Opportunity Site. She added there is currently a Master Plan update in development for this particular area. Under the 2040 Comprehensive Plan, the site is designated “Transit Oriented Development (TOD). Although the area is currently zoned C2 (Commerce) District, the Zoning Ordinance update currently underway may result in future changes to the existing zoning districts to align with the comprehensive plan. She reiterated to Mr. Daudt that the City was not looking to re-zone the Opportunity Site that evening, but rather address the allowed and prohibited uses within the Central Commerce Overlay District. Mr. Daudt asked how zoning is changed. Ms. McIntosh stated zoning amendments are a formal process that involves review and consideration by the Planning Commission and City Council, with final approval from the City Council. Mr. Daudt asked for clarification regarding the term “overlay district”. Ms. McIntosh stated Overlay Districts typically apply an extra level of regulations or development criteria over a standard, underlying zoning district, such as a C2. She reiterated that a re-zoning was not on for discussion this evening. Mr. Daudt asked why the City put a moratorium for development on the Opportunity Site except for apartments. Ms. McIntosh stated that the moratorium is for all properties within the designated Opportunity Site and is intended to allow time for the City to update the Master Plan for the site, ensure any regulatory changes are in place for the plan, and allow for any other changes necessary to bring the identified land use designations noted in the 2040 Comprehensive Plan into alignment. Ms. McIntosh noted that she was not aware of any provision that allowed for apartment type projects not to be subject to the moratorium. The moratorium is site-wide and would require a lifting of the moratorium by City Council in order for a building to be approved for construction within the site during the time under which the moratorium is in force. Chair Christensen stated the public hearing is related to this agenda item only, which is a proposed Zoning Ordinance amendment relating to the allowed and prohibited uses within the Central Commerce Overlay District. Mr. Daudt stated he does not want any more apartments in Brooklyn Center. He requested a copy of Ms. McIntosh’s presentation. Ms. McIntosh provided a paper copy of her presentation to Mr. Daudt. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to close the public hearing on Application No. 2019-014. The motion passed unanimously. PC Minutes 08-15-19 -4- DRAFT Chair Christensen requested clarification regarding the proposed prohibition of truck and trailer rental establishments. Ms. McIntosh stated that is an issue related to intensity of use. Commissioner Tade stated she was confused about secondhand merchandise businesses, and whether they are permitted or prohibited. Ms. McIntosh stated the amendment attempts to clarify conflicting language currently in the Central Commerce Overlay District. In the current Zoning Ordinance, “Antiques and Secondhand Merchandise” is a permitted use within the Central Commerce Overlay District, but “pawn shops” and “secondhand goods dealers” is also identified as a prohibited use within the Central Commerce Overlay District. The proposed amendment would strike “Antiques and Secondhand Merchandise” from the permitted uses category. “Pawn shops” and “secondhand goods dealers” would therefore be prohibited within the Central Commerce Overlay District. Commissioner Tade asked why secondhand goods businesses would be prohibited. Ms. McIntosh stated those types of establishments would be prohibited as they are not considered desirable in what would be considered Brooklyn Center’s core. She added the list of prohibited uses is being expanded to include auto repair establishments, gas stations, truck and trailer rental establishments, and indoor storage establishments. These establishments are in conflict for what has been determined to be consistent with TOD and commercial mixed use land use designations identified in the 2040 Comprehensive Plan and the vision for this area. Commissioner MacMillan asked why stand-alone car washes would be a permitted use, as it seems to be in conflict with walkability and traffic issues. Ms. McIntosh stated there was a stand-alone car wash in this area before it closed, and it was clear through the Comprehensive Plan process that residents want to have that as an amenity. She noted that the current Zoning Ordinance is restrictive when it comes to car washes, as they are only allowed in the C2 (Commerce) District through special use or I2 District as a permitted use and cannot abut any R1, R2, or R3 District properties, including abutment at the street line. When looking at the City’s zoning map, this severely limits where car washes can be within the City, particularly as the majority of the C2 properties are located within the CCOD and of those C2 properties along Brooklyn Boulevard, almost all abut R1 properties. Commissioner Koenig stated he supports Mr. Daudt’s comments, as he is concerned about high- density apartments in this area. Ms. McIntosh stated the 2040 Comprehensive Plan has designated this area as TOD, and 75% of the land use is set aside for high-density residential. Commissioner MacMillan asked whether firearms sales are permitted. Chair Christensen stated that is a good question, as a sporting goods store that sells guns would probably be permitted. Ms. McIntosh stated pawn shops and secondhand goods dealers would not be allowed, which would potentially sell secondhand firearms, but she is unsure about sales of new firearms. PC Minutes 08-15-19 -5- DRAFT ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2019-012 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-014 FOR ADOPTION OF A ZONING AMENDMENT REGARDING THE CC CENTRAL COMMERCE OVERLAY DISTRICT There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to approve Planning Commission RESOLUTION NO. 2019-012 amending Section 35-2240 (CC Central Commerce Overlay District) of the City of Brooklyn Center Zoning Ordinance to clarify permitted and prohibited uses within said District. Voting in favor: Chair Christensen, Commissioners, MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: Commissioner Koenig The motion passed (5 in favor to 1 against). Mr. Daudt noted that the City calendar on the website shows that this Planning Commission meeting would be held “all day”. Ms. McIntosh agreed to talk to the City Clerk about changing that format. Mr. Daudt stated these are big decisions and putting a small legal notice in the Sun Post newspaper does not reach most residents. He added some people do not have computers, or do not check their email regularly. He noted every resident should get a notice in the mail. 7. DISCUSSION ITEMS 7a) CITY COUNCIL MEETING UPDATE Ms. McIntosh stated the City Council’s July 22, 2019 meeting coincided with Youth in Government Day, during which BrookLynk interns were involved in City government events including a meeting with Opportunity Site developer, Alatus, and participation in the City Council meeting. Ms. McIntosh stated the following Planning items were reviewed at the City Council’s July 22, 2019 meeting: Eastbrook Estates 2nd Reading, including the revised final plat specifically addressing stormwater ponding maintenance; Medtronic’s chiller plant addition was approved; and the Emerson EDA addition was approved for preliminary and final plat. She added the EDA approved Novak-Fleck as developer for a single-family house at the southwest corner of Emerson and 54th Avenue North. Ms. McIntosh stated the City Council approved a Rezoning and Special Use Permit, as well as site and building plan approval for Christy’s Auto Repair at 5300 Dupont Avenue North. Ms. McIntosh stated City Staff are putting together a Zoning Task Force and community engagement plan for the Opportunity Site, and working with non-profits and community organizations to do outreach to underrepresented communities. She added the Task Force will PC Minutes 08-15-19 -6- DRAFT be a stakeholder group selected by City Council, and will work directly with City Staff to provide recommendations to the Planning Commission and City Council. Ms. McIntosh stated a sub-group of the Zoning Task Force is proposed to review the Sign Code as part of the Becoming Brooklyn Center project. Ms. McIntosh stated the Planning Commission’s September 2019 meeting will include a review of a proposal to open a mosque and community center in the I-2 Zoning District. She added the I-2 District does not currently allow for places of assembly. The City Council is requesting that the Planning Commission recommend potential text amendments related to this proposal to allow a provision for religious uses in the I-2 District. Ms. McIntosh stated the Planning Commission may also review a request for a re-approval of a Special Use Permit from the owner of the former Earle Brown bowling alley, which was approved last year for use as an event center. She added that the originally issued Special Use Permit had expired as work had not commenced in the identified one year period following City Council approval. 7b. JOINT ADVISORY COMMITTEE/COMMISSION SESSION (AUGUST 29, 2019) Ms. McIntosh stated a Joint Advisory Committee meeting is scheduled for August 29, 2019 at 6:00 p.m. at the Community Center in the Cohen Room, located on the 2nd floor. She asked that the Commissioners contact her if they plan to attend as there will be food. 7c. APA-MN CONFERENCE (SEPTEMBER 25-27, 2019) Ms. McIntosh stated the annual American Planning Association – Minnesota Chapter Conference will be held at Breezy Point from September 25-27, 2019. She added there is money in the budget for Planning Commissioners to attend this conference if interested and to let her know as soon as possible. 8. OTHER BUSINESS Ms. McIntosh stated Lux Apartments is hosting an Open House for City Councilmembers, Commissioners, and City Staff on August 21, 2019 from 3:00-6:00 p.m. Ms. McIntosh stated a recent article was published in Finance and Commerce regarding the Coalition Project development proposal in Brooklyn Center, whose purchase agreement was executed, but the project is currently on hold. She added the article indicated that the current multi-family vacancy rate in Brooklyn Center is 1.4 percent. Chair Christensen asked whether there are any updates on the search for a new Planning Commissioner. Ms. McIntosh stated she does not have an update, but she would check into it. PC Minutes 08-15-19 -7- DRAFT Mr. Daudt asked whether there is an update on the Zoning Task Force that was discussed at the last City Council meeting. Ms. McIntosh stated ballots were given to City Council, but staff was awaiting the final listing of the identified Task Force members. She added the Task Force will ultimately provide guidance to the Planning Commission and City Council on the update to the Zoning Ordinance. 9. ADJOURNMENT There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:05 p.m. _______________________________ _______________________________ Ginny McIntosh, Secretary Randall Christensen, Chair App. No. 2019-015 PC 09/12/2019 Page 1 Planning Commission Report Meeting Date: September 12, 2019 Application No. 2019-015 Applicant: City of Brooklyn Center Request: Amend Section 35-331 (General Industry) of the City Code of Ordinances to allow Religious Uses as a Special Use within the I-2 (General Industry) District REQUESTED ACTION The City of Brooklyn Center (“the City”) is requesting review and consideration of a request to amend Section 35-331 (General Industry) of the City Code of Ordinances to allow Religious Uses as a Special Use within the I-2 (General Industry) District. A public hearing notice was published in the Brooklyn Center Sun Post on August 29, 2019 (Exhibit A). Notices were also mailed to all property owners of I-2 District- zoned properties within the City. BACKGROUND The City is requesting the review and consideration of changes to the uses allowed within the I-2 (General Industry) District that would provide an avenue for religious institutions, such as churches, mosques, synagogues and the like to locate into the City of Brooklyn Center’s General Industry District, which is the City’s most intense industrial district. Conversations revolving around the allowance of religious uses within the I-2 District began in July when the City was approached by a group seeking to relocate a religious based place of worship and community center within the City. The group had previously leased space within a C1 (Service/Office) District office building in Brooklyn Center, where religious institutions are allowed as a permitted use. As the building was recently sold, their space became unavailable. The group would like to remain within the City of Brooklyn Center, as their community is largely based within the Brooklyn Center and Brooklyn Park areas; however, they noted upon meeting with the City that they had struggled to find space within the city limits until an I-2 District zoned property, located at the southern terminus of France Avenue North, and known as 4900/4902 France Avenue North, became available. This group has expressed an interest in purchasing the property in order to create a community center and religious gathering place. The uses so far identified would include a worship space, gathering and event space (e.g. weddings, board meetings), classroom space, and office space. Gathering times would occur several times per week, with use primarily on Fridays and weekends, and worship times that could be divided into multiple sessions to accommodate their membership of which numbers between 120 and 150 attendees currently for a Friday service. The community center would be open throughout the week. The property located at 4900/4902 France Avenue North has been for sale or lease for over a year, but was previously used as a kennel and veterinary clinic (permitted use). This particular I-2 District property is unique in its vacancy, in part due to the age and nature of the structures on site, which are not typical of surrounding industrial uses. The property is comprised of two structures: a newer, split level office • Application Filed: 08/13/2019 • Review Period (60-day) Deadline: 10/12/2019 • Extension Declared: N/A • Extended Review Period Deadline: N/A App. No. 2019-015 PC 09/12/2019 Page 2 building, and a second circular shaped structure. The group believes that the property would meet their needs and is interested in purchasing it to convert it for their use. As part of their due diligence, the group met with City staff to inquire as to the process necessary to allow for use of the property as a place of worship and community center. Places of worship generally fall into a category of uses considered “Assembly.” These are uses where there are generally large numbers of people that may congregate or assemble at one time. Other similar uses might be theaters, auditoriums, mortuaries, dance halls, arenas, or certain places of entertainment. Federal law protects religious land uses in that it requires cities to regulate them the same way in which it regulates other similar uses, and to treat them equally and fairly when making land use regulations as well as land use decisions regarding them. Example: a city would need to provide a fact-based reason that it might allow a movie theater in a particular zoning district, but not a religious use since the land uses are similar. Based on a review of the City’s Zoning Ordinance, religious uses are currently allowed in the following zoning districts (Table 1): TABLE 1. Current Allowance of Religious Uses in City’s Zoning Districts. Zoning District Permitted Use Special Use Notes R1 (One Family Residence) District X Allowed through issuance of Special Use Permit, provided primary vehicular access shall be gained to the use by a collector or arterial street. R2 (Two Family Residence) District X Allowed through issuance of Special Use Permit, provided primary vehicular access shall be gained to the use by a collector or arterial street. R3 (Multi-Family Residence) District R4 (Multi-Family Residence) District R5 (Multi-Family Residence) District X Allowed through issuance of Special Use Permit, provided primary vehicular access shall be gained to the use by a collector or arterial street. R6 (Multi-Family Residence) District R7 (Multi-Family Residence) District C1 (Service/Office) District X Permitted Use in this District with no additional restrictions relating to type of primary vehicular access. C1A (Service/Office) District X All of the Permitted Uses allowed in the above C1 District are also allowed in the C1A District. C2 (Commerce) District The use is not addressed in the C2 District; however, other like uses, such as movie theaters, sports arenas, etc. are permitted through issuance of a Special Use Permit. I1 (Industrial Park) District There is at least one instance of religious uses being allowed via a Planned Unit Development (PUD) in the I1 (Industrial Park) District, which is a lighter industrial district comprised of office, hotel, mixed business, and light industrial uses. I2 (General Industry) District Note: The O-1 (Public Open Space) and O-2 (Public & Private Open Space) Districts are not identified in this table due to the nature of their use. City staff consulted with the City Attorney to identify potential paths forward for the requested reuse of the property located at 4900/4902 France Avenue North. Based on a number of factors, the City Attorney and staff agree that the most legally defensible way to process the request would be through a App. No. 2019-015 PC 09/12/2019 Page 3 Zoning Code text amendment to the I-2 (General Industry) District, which would make religious uses allowed through issuance of a Special Use Permit (SUP). This would allow the group to apply for a Special Use Permit through submittal of a Planning Commission application and any necessary documentation, and receive review and consideration by the Planning Commission and City Council. If approved and able to meet the conditions of the permit, the requested use would then be allowed on the property. Although the conversations thus far have been focused on the allowance of religious uses on one particular property, the proposed text amendment would apply to all properties within the I-2 (General Industry) District, thus allowing religious uses on any I-2 (General Industry) District zoned parcel, provided it was able to meet the conditions of the Special Use Permit process. Special uses are those in which may be required for the public welfare in a given district but which are, in some respects, incompatible with the permitted uses in the district. Before a building or premises is devoted to any use classified as a special use, a Special Use Permit would need to be granted by City Council. In reviewing Special Use Permits, an Applicant would need to demonstrate the following: a. The establishment, maintenance or operation of the special use will promote or enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. As the decision to allow religious uses within the I-2 (General Industry) District is a legislative one, City staff initially brought the discussion on places of worship in the I-2 (General Industry) District forward at a City Council Work Session held on August 12, 2019. It was at that time City staff was directed to draft amendment language with criteria for its allowance as a special use and bring the proposed amendment forward to the Planning Commission before review by the City Council. A copy of the City Council Work Session memo and excerpt of the meeting minutes are included as Exhibit B. PROPOSED AMENDMENTS TO I-2 (GENERAL INDUSTRY) DISTRICT Location and Composition of I-2 District Zoned Properties in City The City’s I-2 (General Industry) District is located on the southern end of the City and located on both sides of Highway 100. It is, for the most part, built out. A map identifying the City’s I-2 District properties can be found on the next page (Map 1). The I-2 District consists of 32 parcels comprising a total of 82.56 acres. With approximately 3,677 acres of total land in Brooklyn Center (i.e. not including right-of-way, lakes, etc.), the I-2 District comprises approximately 2.2% of the total land in the City. Not all of the I-2 District parcels appear to be developable, however. For instance, one parcel serves as a 3.2 acre stormwater ponding area to a development located on the former Joslyn site and another 5.4 acres, located on the west side of the former Joslyn site, is an outlot comprised of floodplain and wetlands. A 1.98 acre parcel located adjacent to Ryan Lake is also likely limited in terms of development as over an acre of the land is located within the designated 100-year App. No. 2019-015 PC 09/12/2019 Page 4 floodplain with wetlands present. If you were to remove the aforementioned three parcels, you are left with approximately 72 acres of I-2 District zoned land, or 1.95% of total land in Brooklyn Center. I-2 District Uses Industrial properties, particularly heavy industrial properties, tend to have the greatest impacts on surrounding properties in terms of noise, dust, odors, traffic, and outdoor storage. Generally, industrial users tend to locate in areas away from non-industrial uses to minimize complaints that may arise, although the I-2 (General Industry) District zoned properties located within Brooklyn Center are in proximity to some single-family and multi-family residential properties (Refer to Map 2). On the other hand, it is likely that religious uses would utilize their properties during hours when industrial users are not in operation, which may minimize issues. In the case of the group interested in the 4900/4902 France Avenue North property, this particular I-2 property is located on a dead end cul- de-sac with Highway 100 located to the east, train tracks to the south, a Northern States Power station to the west, and a mix of industrial and residential properties located to the north. A roofing company is located immediately to the north of this particular property. Use-wise, the I-2 District allows for a mix of manufacturing type uses; textile mill production; lumber and wood products (except for saw mills and planing mills); printing industries; chemicals and allied products; fabricated metal products; professional, scientific, electronic, and controlling instruments; wholesale trade activities (e.g., motor vehicles and automotive equipment; dry goods and apparel; hardware, plumbing, heating equipment and supplies; machinery, equipment and supplies); and certain service activities (i.e. laudrying, dry cleaning, and dyeing; warehousing; automobile and truck repair and wash; contract construction; kennels; veterinarian and animal hospitals; truck rental and leasing). This district also allows for truck terminals, and public transit terminals. Foundries (provided the operation is a necessary incident to a principal use in the I-2 District); retail sales of products manufactured, processed, or wholesaled on site; and accessory off-site parking, are allowed through issuance of a Special Use Permit (refer to Exhibit C). MAP 1. City of Brooklyn Center I-2 (General Industry) District Zoned Properties. App. No. 2019-015 PC 09/12/2019 Page 5 MAP 2. City of Brooklyn Center Zoning Districts Adjacent to I-2 (General Industry) District. Parking and Access Demands Of further consideration in allowing for religious uses in the I-2 (General Industry) District is the overall parking demand. Assembly uses, such as religious institutions, tend to have higher parking demands than other types of uses due to the nature of their visitors. Industrial uses by contrast tend to have low parking demands relative to their square footage because these uses generally have lower employment densities. Religious uses seeking to utilize industrial property for space may find that the available on- site parking is not sufficient to meet their demand, and other features common to industrial properties, such as loading docks and berths, can further hinder parking options. For example, religious and other “places of public assembly” uses, such as theatres, auditoriums (other than school auditoriums), mortuaries, stadiums, arenas, and dance halls, require one parking space for every three seats, or congregants in this particular case. Places of public assembly located in a retail shopping center complex of 50,000 square feet or more, exclusive of the place of public assembly, may have one space for every four seats. For perspective, the I-2 District zoned property located at 4900/4902 France Avenue North currently possesses 18 on-site parking spaces, although a maximum of 25 on-site parking stalls is potentially achievable with re-striping. Assuming a “places of public assembly” type use, installation of 25 parking stalls, and the carpooling of members (3 occupants per vehicle), the on-site parking could accommodate for a maximum of 75 attendees at any one time. In the cases of “Industry and Wholesale” type uses, one space for every two employees based upon maximum planned employment during any work period or one space for each 800 square feet of gross floor area (whichever is greater) is required. In the event the latter requirement is greater, adequate land area shall be provided for the required off-street parking area, but improved spaces need only be provided according to the employee ratio. In cases where there is an office component to an industrially-zoned building, minimum on-site parking requirements are based on the total gross floor area utilized for the use. App. No. 2019-015 PC 09/12/2019 Page 6 As identified in Table 1 (Current Allowance of Religious Uses in City’s Zoning Districts) on page 2 of this report, religious uses are an outlined use that is allowed as a permitted use or through issuance of a Special Use Permit in a number of the City’s zoning districts. In the cases of the City’s R1 (One Family Residence), R2 (Two Family Residence), and R5 (Multiple Family Residence) Districts, religious uses are allowed through issuance of a Special Use Permit so long as primary vehicular access to the use is gained by collector or arterial street. While this language was contemplated in discussions over the proposed amendments to allow for religious uses through issuance of a Special Use Permit, inclusion of this language would have served as a hindrance for the group interested in the 4900/4902 France Avenue North property as the property is located on a dead end cul-de-sac. 2040 Comprehensive Plan The “2040 Land Use & Redevelopment Goals” identified within the Comprehensive Plan state that the Future Land Use Plans should be supported through the update or creation of relevant and market- based small area plans, redevelopment plans, and the zoning ordinance. The identified 2040 Planned Land Uses for the I-2 (General Industry) District are comprised of a mix of “Industrial/Utility” and “Business-Mixed Use” designations. The 4900/4902 France Avenue North property is identified as “Industrial/Utility,” along with the other properties located along the eastern edge of France Avenue North and south of 50th Avenue North. The “Business-Mixed Use” designation is a new land use designation under the 2040 Comprehensive Plan that guides for a “mix of business, light industrial, and supporting retail/service uses.” Other Considerations City staff met with the group interested in the 4900/4902 France Avenue North property to go over the site, explain the process, and identify Building and Fire Code requirements that they should be aware of. Although these conversations were specific to the aforementioned property, the addressed concerns and requirements could be triggered with any other religious use that might have an interest in relocating to an I-2 (General Industry) District property as “Assembly” type uses have a higher fire suppression standard than other types of uses because of the congregation of people that occurs within buildings. Should the proposed amendments be adopted, it is important that any prospective buyers/users understand the full implications of what would be required to acquire and/or convert an industrial use type building. Conversion of a building to anything other than an office use would constitute a change of use from the perspective of the Building and Fire Code, and thus would trigger the installation or expansion of a Fire suppression and alarm system if not present. Additionally, the following requirements may be triggered: a. Installation of ADA requirements (e.g. parking lot striping and signage, ingress/egress, bathrooms, installation of elevator/lift); b. Sewer Accessibility Charge (Met Council) determination for change in use and associated fee; and c. Any other Fire and Building Code requirements Ordinance Language The City Attorney drafted language that addresses the proposed amendments to Chapter 35 regarding the uses allowed in the General Industry (I-2) District. As proposed, the amended language would allow for religious uses within the I-2 District through issuance of a Special Use Permit. Within the ordinance, certain legislative findings are outlined that address a desire to accommodate religious uses to the App. No. 2019-015 PC 09/12/2019 Page 7 extent reasonably possible but acknowledges the issues surrounding the allowances of religious uses in industrial districts (refer to Exhibit D). The proposed amendment language to allow for religious uses as a Special Use within the I-2 (General Industry) District is as follows: Article II. Special Uses. Section 35-331, paragraph 3 of the Brooklyn Center City Code identifying the uses allowed in the General Industry District as a special use is hereby amended as follows: 3. Special Uses a. Foundries, provided that the foundry operation is a necessary incident to a principal use permitted in the I-2 district. b. Retail sales of products manufactured, processed or wholesaled at the use site. c. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. d. Places for religious assemblies such as chapels, churches, temples, mosques, and synagogues, provided the use complies with the minimum parking standards in Section 35- 700 and other applicable standards. If the ordinance language is ultimately adopted any interested party wishing to utilize an I-2 District property for a religious use would be required to submit a Planning Commission application and any required supporting documentation for review and consideration by the Planning Commission and City Council. RECOMMENDATION Based on the above-noted findings, staff recommends the following motion: Motion to approve a Resolution recommending that the City Council approve certain amendments to Section 35-331 (General Industry) of the City Code of Ordinances that would allow for religious uses within the I-2 (General Industry) District by Special Use based on the above outlined findings of fact. A copy of the Planning Commission resolution is attached (Exhibit E). ATTACHMENTS Exhibit A—Public Hearing Notice, published in the Brooklyn Center Sun Post, dated August 29, 2019. Exhibit B—August 12, 2019 City Council Work Session Memo and Excerpted Minutes, Places of Worship in the I-2 District Discussion. Exhibit C—Permitted and Special Uses within the I-2 District. Exhibit D—An Ordinance Amending Chapter 35 Regarding Uses Allowed in the General Industry (I-2) District. Exhibit E—Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2019-015 for Adoption of a Zoning Amendment Regarding Allowed Uses within the I-2 (General Industry) District. Exhibit A MEMORANDUM - COUNCIL WORK SESSION DATE:8/12/2019 TO:Curt Boganey, City Manager THROUGH:Meg Beekman FROM:Meg Beekman, Community Development Director SUBJECT:Places of Worship in the I-2 District Discussion Recommendation: - Consider places of worship as a land use within the I-2 District and provide direction to staff on how to proceed. Background: City staff have been approached by a group seeking to relocate a religious based place of worship and community center within the City. The group has previously been leasing space within Brooklyn Center, along Brooklyn Boulevard, but the building has recently sold and is no longer available. They would like to remain within the City, as their community is largely based within the Brooklyn Center and Brooklyn Park area. They are seeking a space to purchase, in which to create a community center and gathering place. Uses would include worship space, gathering and event space, classroom space, and office space. They gather several times per week, primarily Friday through Sunday. Worship times are on Friday and could be divided into more than one to accommodate their numbers. After much searching to find a suitable building to purchase, they have identified 4900 France Avenue N. This property has been for sale or lease for over a year, but was previously used as a kennel and veterinary clinic. The property is zoned I-2 and is comprised of two structures; one which is a newer split-level office building, and a second which is a circular shared structure that is older. The group believes that the property would meet their needs and is interested in purchasing it to convert to their purposes. As part of their due diligence they met with City staff to inquire as to the process to allow the use of the property as a place of worship and community center. Places of worship generally fall into a category of uses considered “Assembly”. These are uses where generally large numbers of people may congregate, or assemble, at one time. Other similar uses might be theaters, auditoriums, mortuaries, dance halls, arenas, or certain places of entertainment. Federal law protects religious land uses in that it requires cities to regulate them the same way it regulates other similar uses, and to treat them equally and fairly when making land use regulations as well as land use decisions regarding them. For example, a city would need to provide a fact-based reason that it might allow movie theaters in a particular zoning district, but not religious uses since the land uses are similar. I-2, General Industrial District As noted, the property is zoned I-2, General Industry. I-2 is a heavy industrial district. Permitted uses include, manufacturing; wholesale trade; distribution; services such as auto and truck repair, contract construction, warehousing and storage, service stations; truck terminals; transit terminals; or other uses similar in nature as determined by the City Council. Special uses permitted in the district include foundries, retail sales of products Exhibit B manufactured on s ite, and acc es s o ry o ff-s ite parking. P laces o f wo rs hip are not c urrently permitted o r spec ially p ermitted us es in the I-2 Dis tric t. P laces o f wors hip , o r religio us uses, are exp res s ly p ermitted within the R -1, R -2, R -5, and C -1 Districts in the C ity. T here is als o at least one ins tance in whic h they have been allowed via a P UD in the I-1 Dis tric t, whic h is a lighter ind us trial d is tric t comprised o f a mix of o ffice, ho tel, mixed bus ines s , and light indus trial uses. P rocess C ity staff c ons ulted with the C ity Atto rney to id entify p o tential p aths forward fo r the req uested reus e of the p ro p erty at 4900 F rance Avenue. Based o n a numb er of facto rs , the C ity Atto rney and staff agree that the mos t legally defens ible way to proc es s the req uest would be thro ugh a zoning c ode text amendment to the I-2 Dis tric t, whic h wo uld make religious us es allo wed thro ugh s p ecial use p ermit. T his wo uld allo w the gro up to ap p ly fo r a s pec ial us e permit, and if able to meet the cond itions of the permit, reus e the p ro p erty for their d es ired purpos e. T he text amendment would ap p ly to all properties within the I-2 Dis trict, thus allo wing religious us es within any I-2 zoned parc el pro vided it was ab le to meet the c o nditio ns o f the s p ecial use permit p ro cess. T he dec is io n to allow religio us uses within the I-2 Dis tric t is a legislative one, and ultimately a p o licy dec is ion o n the part of the C ity C ounc il. Ind ustrial pro p erties , particularly heavy ind us trial properties tend to have the greates t imp ac ts o n s urrounding p ro p erties in terms of noise, dus t, odors, traffic , and o utd o o r sto rage. G enerally, ind us trial us ers tend to lo cate in areas away fro m no n indus trial us es to minimize c o mp laints that may aris e. O n the other hand , it is likely that religio us uses would utilize their p ro p erties d uring hours when indus trial users are not in operatio n, whic h may minimize issues . A further cons ideratio n is parking demand . As s emb ly uses tend to have higher parking demand than other typ es of uses due to the nature o f their visitors . Indus trial uses b y contrast tend to have lo w p arking d emand relative to their s quare footage b ecaus e these us es generally have lo wer employment dens ities. R eligio us us es s eeking to utilize indus trial p ro p erty for s p ac e may find that the available parking is not sufficient to meet their d emand. F ro m a regional market perspec tive, indus trial property is c urrently well stabilized, particularly compared with o ffice and retail products . Ind ustrial properties within the 694/494 lo o p are c urrently highly valued and vac anc y rates are lo w. T his trend holds true within Bro o klyn C enter’s indus trial market. T he property at 4900 F ranc e Avenue N is unique in its vacancy, in part due to the age and nature of the s tructures o n the s ite, whic h are no t typ ical of s urrounding indus trial uses. R ather than a s ingle large building, the property is c ompris ed o f two s maller struc tures , one of which is a two-s tory offic e build ing, and neither is well s uited for more indus trial-type uses. S pecia l U se P ermit P rocess If the C ity C ounc il c hooses to allo w religious us es in the I-2 Dis tric t, staff would rec o mmend allo wing them via s p ecial use permit. T his wo uld allo w s ome o f the concerns identified above to be cons id ered and mitigated o n a c as e by c as e b as is with eac h ap p lication. F o r examp le, if large numbers of p eo p le gathering at the p ro p erty is a c onc ern for as s emb ly-type uses , a s pec ial us e permit proc es s c ould require that a traffic and p arking s tud y be c ond uc ted to ensure that ac c es s , circ ulatio n, and parking were ad eq uate on site. If they weren’t, a c ond ition of ap p ro val could require a trans portation demand management plan to deal with times when the parking o r ac cess ro utes were exceed ed . O n this p artic ular s ite, train traffic can be a c onc ern at c ertain times of the d ay, c los ing ro ad ac cess. A traffic and p arking s tudy c o uld lo o k at the impac t of ro ad c lo s ures and id entify if this wo uld b e a concern. 4 9 0 0 F rance Aven u e N The City Planner and Building Official met with the interested party to go over the site, explain the process, and identify any Building and Fire Code items that they should be aware of. The conversion of the site to an assembly use would constitute a change of use from the perspective of the Building and Fire Code, thus trigger any required upgrades to the fire suppression system, installation of ADA requirements, as well as other Fire and Building Code requirements. Assembly uses have a higher fire suppression standard than other types of uses because of the congregating of people that occurs within the buildings. It is important that prospective buyers understand the full implications of what would be required of acquiring and converting a building before they purchase it. As part of that meeting parking was discussed. The property currently has 18 parking stalls. According to the City Planner, after visiting the site and measuring out the parking area, an additional 8 could be striped in. The Zoning Code requires 1 parking stall for every three congregants for religious uses, meaning the parking would allow for only 75 people at a time. This is not sufficient based on staff’s understanding of the groups actual needs, and so it is not clear how this will be handled. In addition, the Building Official identified several upgrades which would be necessary in order to convert the building. These included ADA upgrades to bathrooms, ingress/egress, parking, and the interior of the building which may require an elevator or lift. The building will also need to be sprinklered and a SAC fee determination done. According to the Met Council there is only one SAC unit on the property, so a change in use would trigger a recalculation, and likely more SAC units to be paid. The Building Official is seeking additional information as to what that might be from the Met Council. The group agreed to look into the required building improvements. Next Steps If the City Council indicates they are open to the zoning code text amendment, staff will work with the City Attorney to draft revised language which would then go to the Planning Commission for a public hearing, consideration, and a recommendation. The City Council would then take the Planning Commission’s recommendation into consideration as part of a first and second reading of the ordinance amendment. Once the language was drafted and the process underway, the prospective buyers would then need to apply for a Special Use Permit under the language and conditions of the new ordinance. Policy Issues: Are Religious Uses a compatible use within the I-2, General Industrial District? Should Religious Uses be permitted within the I-2, General Industrial District? If so, what potential impacts might these, and other similar assembly uses, have that could be mitigated with conditions or requirements within the ordinance language? Strategic Priorities and Values: Operational Excellence ATTACHMENTS: Description Upload Date Type Aerial 8/6/2019 Backup Material Site Context 8/6/2019 Backup Material Zoning Map 8/8/2019 Backup Material o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o LOCAL STREETINDEX ADMIRAL LANEADMIRAL PLACEALDRICH COURTALDRICH DRIVE N.AMY LANEAZELIA AVE. 4-B,C4-B1-F5-F1-E7-B 53RD AVE N 54TH AVE N 55TH AVE N 56TH AVE N 57TH AVE N 58TH AVE N 59TH AVE N 60TH AVE N 61ST AVE N 62ND AVE N 63RD AVE N 64TH AVE N 65TH AVE N 66TH AVE N 67TH AVE N 68TH AVE N 69TH AVE N 70TH AVE N 71ST AVE N 72ND AVE N 73RD AVE N WI L L O W L A N E RI V E R D A L E A V E N 20 0 DA L L A S A V E N 30 0 W. 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P O S T OFF I C E WATERTOWERNo. 2 EVERGREENPARK LAKESIDE PARK(TRIANGLE PARK) EVERGREENELEMENTARYSCHOOL RIV E R D A L E PAR K EAST PALMERLAKE PARK WEST PALMERLAKE PARK PALMER LAKEELEMENTARYSCHOOL WILLOW LANE PARK AR B O R E T U M ORCH A R D L A N E P A R K ODYSSEYCHARTERSCHOOL MOUN D CEME T E R Y FREEWAYPARK GARDEN CITYELEMENTARYSCHOOL MARLINPARK WATERTOWERNo.1 EAST FIRESTATION FIREHOUSEPARKBROOKLYN CENTER HIGH SCHOOL EARLEBROWN ELEMENTARYSCHOOL BEL L V U E PAR K CENTENNIALPARK CityHall CENTERBROOKGOLFCOURSE WATERTOWERNo. 3 KYLAWNPARK NORTHPORTELEMENTARYSCHOOL NORTHPORTPARK HAPPY HOLLOWPARK EARLE BROWNHERITAGE CENTER GRANDVIEWPARK LIONSPARK N O R T H M I S S I S S I P P I R E G I O N A L P A R K CAHLANDERPARK WANGSTADPARK POLICESTATION TWIN LAKEPARK GARDENCITYPARK PALMER LAKEPARK CommunityCenter AIRPORT SAFETY ZONE - B AIRPORT SAFETY ZONE - A AIR P O R T S A F E T Y H O R I Z O N T A L Z O N E - C R3 R3 R3 C1PUD/C2 R3 R5 C1 R4 C1 PUD/C2 PUD/C2 R4 C2 R5 C2 R3 R5 PUD/R1 R4 R4 R4 R6 R3 R5 PUD/C2 PUD/R3 R5 C2 C2R3 R5 R5 R3C2 C2 C1A C1A C2 C2 C2 C2 I1 PUD/I1 I1 PUD/I1 PUD/I1 I1 R5PUD/I1 R3 PUD/I1 R5 I1 O1 R3 I1 I1C1 I1 O1 I1 R5I1 I1 PUD/I1 C2 PUD/C1A C1 C1PUD/C2 C2R4 C2 R5 C1 R5 C1 C1/R5/R4 PUD/C2C2R3 R3 C2C1 PUD-MIXEDR5/R6 O1 R5 I2 O2I2 I2 R4 PUD/I1I2I2 R4R4 I2 I2 I2 C1R4 I2 I2 PUD/R1O1 PUD-MIXEDR2/R3 R5 R5 R5 C2 R7 C1A R4R4 R5 C2 C1 R4 R3 R4 O1 R4 R4C1 C1 R4R4PUD/C2C2 R4C2 C2 R3 C2 R4 C2C2C2 PUD/C2 R5C1AR5 R3 C1 R4C1 C1 C2 C1 C2 C2 R3 C2 C1 O1 C2 R5 C2C1 R7 O1R5 C2 C2 PUDMIXED C2 C1A C2 C1A C2 R5PUD/R1 PUD/C1 PUD/C2 R3 PUD/R1 O1 C2 C2 PUD/C2 PUD/C2 PUD/C2 PUD/C2PUD/C2 R5 R5 R3 PUD-MIXEDC2/I-1 R4 CRYSTALAIRPORT S H I N G L E C R E E K CREEK PALMER LAKE MIDDLE TWIN LAKE UPPER TWIN LAKE M I S S I S S I P P I R I V E R M I S S I S S I P P I R I V E R S H I N G L E RYAN LAKE SH I N G L E C R E E K 63RD AVE B R O O K L Y N B L V D B R O O K L Y N B L V D B R O O K L Y N D R OHENRY RD MUMFORD RD 64TH AVE 65THAVE NASH RD 60TH AVE 59TH AVE S H I N G L E C R E E K P K W Y J O H N M A R T I N D R HA L I F A X A V E 55TH AVE SUMMIT DR LILAC D R 69TH AVE 5 6TH AVE S H O R E S D R Z E N I T H A V E SHINGLECREEK PKWY F R A N C E A V E X E R X E S A V E 65TH AVE D R E W A V E 67TH AVE 53RD AVE NORTHWAYDR 69TH AVE 70TH AVE 53RD AVE 66TH AVE I R V I N G P L 73RD AVE 58TH AVE 68TH AVE HIGHW A Y 1 0 0 T O L E D O A V E INTERSTAT E 6 9 4 65TH AVE KN O X A V E THURBER RD 67TH AVE 67TH AVE W I N G A R D P L 58TH PL 53RD AVE U N I T Y A V E W I L L O W L N 58TH AVE 69TH AVE 52ND AVE 55TH AVE U P T O N A V EYO R K A V E S A I L O R L N ZE N I T H A V E 7 1 S T A V E 67THLN B R O O K L Y N B L V D 50TH AVE 67TH LN N O R T H P O R T D R 56TH AVE F R A N C E A V E N O B L E A V E OLI V E R CIR 71ST AVE F R E M O N T P L 6 8 TH AVE A L D R I C H C T D R E W A V E C H O W E N A V E P AUL DR G R I M E S P L 68TH LN P E R R Y P L SC O T T A V E L I L A C D R 57TH AVE 56TH AVE F R A N C E D R 55THAVE B R Y A N T A V E 57TH AVE 66TH AVEE W I N G A V E 68TH AVE AL D R I C H A V E COUNTY ROAD 1 0 E M E R S O N A V E 5 6THAVE C O L F A X A V E F R E M O N T A V E HOWE LN ECKBERG DR 62ND AVE 6 7 T H L N HIGH W A Y 1 0 0 LILA C D R G I R A R D A V E B R O O K L Y N B L V D F R E M O N T A V E 70TH AVE WINCHESTER LN 7 1 S T AV E 6 8 T H LN 70TH AVE 65THAVE 62ND AVE B E A R D A V E PALM E RLAKE C I R FRONTAGE R D M O R G A N A V E WOODBINE LN 6 8THL N 57THAVE 68TH AVE 72ND AVE COMMODORE DR 64TH AVE 61ST AVE 61ST AVE 6 9THLN S C O T T A V E 59 1/2AVE ELEANOR LN 70TH AVE 68THAVE 70TH AVE CA M D E N A V E L E E A V E V I N C E N T A V E 73RD AVE 51ST AVE VIOLET AVE DR E W AV E 67TH AVE 65TH AVE 64TH AVE S C O T T A V E H U M B O L D TPL URBAN AVE 72ND AVE H A L I F A X DR 58 1/2AVE 71ST AVE 7 2 N D A V E WOODBINE LN 72NDAVE GI R A R D A V E 61ST AVE 59TH AVE 56TH AVE 54TH AVE 61ST AVE O R C H A R D A V E 49TH AVE ADM IR A L LN 60TH AVE 50TH AVE V E R A C R U Z A V E E M E R S O N A V E 70TH AVE 66THAVE 71STAVE 56THAVE 72ND AVE 70THAVE 51STAVE 72NDAVENE W T O N A V E X E R X E S A V E 47TH AVE 53RD PL LO G A N A V E FR A N C E PL AB B O T T A V E A L D R I C H A V E Z E N I T H A V E IR V I N G A V E LA K E S I D E PL T W I N L A K E A V E B R O O K V I E W D R AL D R I C H AV E 70TH AVE INTERSTATE 694 G R I M E S A V E G R I M E S A V E A B B O T T A V E N O R T H P O R T D R 67TH AVE BROO K L Y N PL 7 0 T H C I R M A J O R A V E LAKESIDE AVE DR E W AV E PE N N A V E D R E W A V E R E G E NT A V E 70TH AVE ERICON DR M O R G A N A V E LAKE BREEZE AVE C A M D E N A V E 64TH AV E Q U A I L A V E 71ST CI R W I N G A R D LN L I L A C D R CO L F A X A V E IN D I A N A A V E 55TH AVE X E R X E S PL JA M E S A V E 68TH AVE 67TH AVE N O B L E L N 48TH AVE Q U A I L A V E T O L E D O A V E E W I N G A V E O R C H A R D L N P E R R Y A V E R E G E N T A V E S C O T T A V E B R Y A N T A V E JA M E S A V E K A T H R E N E DR H U M B O L D T A V E N O B L E A V E K Y L E A V E C H O W E N A V E CA M D E N A V E I N T E R S T A T E 9 4 MA J O R A V E BR Y A N T A V E M A J O R A V E N E W T O N A V E DR E W A V E WINCHESTER LN EW I N G A V E C O L F A X A V E MA J O R A V E GR E A T V I E W A V E O R C H A R D A V E C A M D E N A V E I N D I A N A A V E 72ND CIR L Y N D A L E A V E 5 T H S T RE G E N T A V E R I V E R W O O D L N E W I N G A V E C A M D E N D R 54TH AV E R I V E R D A L E R D N O RTHWAY DR 57TH AVE POE RD P E N N A VE BURQUEST LN BOULDER LN LILAC DR 6 3 R D L N GI R A R D A V E GI R A R D A V E J U D Y L N FRANCE PL LE E A V E WOODBINE LN 72ND AVE B A S S L A KE RD IRVING LN AMY LN I N D I A N A A V E JU N E A V E P E R R Y A V E Q U A I L A V E R E G E N T A V E LILA C D R LAWRENCE RD MO R G A N A V E JA M E S A V E JANET LN 67TH AVE JOYCE LN DR E W A V E 62ND AVE QUARLES RD 72NDAVE 66TH AVE WOODBINE LN B E A R D A V E FR A N C E A V E P A L M E R L A K E D R FREEWAY BLVD L I L A C D R UNI TY A V E U N I T Y A V E NO B L E A V E L I L A C D R H U M B O L D T A V E XE R X E S A V E K Y L E A V E VI N C E N T A V E INTERSTATE 94 WA S H B U R N A V E AB B O T T A V E QU E E N A V E QU E E N A V E BE A R D A V E B E A R D A V E 71ST AVE GR I M E S A V E GR I M E S A V E HI G H W A Y 2 5 2 H I G H W A Y 2 5 2 T W I N L A K E B L V D T W I N L A K E B L V D TO L E D O A V E 66TH AVE N O B L E A V E IN T E R S T A T E 9 4 C A M D E N A V E CA M D E N A V E H A L I F A X A V E FR A N C E A V E LO G A N A V E X E R X E S A V E X E R X E S A V E XER X E S A V E X E R X E S A V E O L I V E R A V E B R Y A N T A V E I N D I A N A A V E I N D I A N A A V E J U N E A V E W I L L O W L N A D M IRAL LN D U P O N T A V E H U M B O L D T A V E CO L F A X A V E CO L F A X A V E F R A N C E A V E F R E M O N T A V E L A K E V I E W A V E E W I N G AVE E W I N G A V E B R O O K L Y N B L V D L N EW I N G A V E H A L I F A X P L AZ E L I A A V E MA J O R A V E W E S T R I V E R R D WE S T R I V E R R D P E R R Y A V E P E A R S O N D R A D M I R A L P L YORK PL O L I V E R A V E P E R RY C T H U M B O L D T A V E Q U A ILCIR RU S S E L L A V E E M E R S O N A V E PE R R Y A V E B R Y A N T A V E BR Y A N T A V E LY N D A L E A V E J A M E S C I R JAMES C I R P O NDS D R P O N D S DR BEA R D A V E L E E A V E IR V I N G A V E IR V I N G A V E LA K E C U R V E L N KN O X A V E AL D R I C H A V E A L D R I C H D R SHINGLE C R E E K C R O S S I N G INTERS T A T E 9 4 LILA C D R O R C H A R D A V E M A R L I N D R E A R L E B R O W N D R EARLE BROWN DR E M E R S O N A V E 5 1 S T A V E Q U A I L A V E P A R K W A Y C I R P A R K W A Y C I R BELLVUE LN 66TH AVE 62ND AVE OAK ST 4 T H S T E M E R S O N A V E F R E M O N T A V E GI R A R D A V E H U M B O L D T A V E DU P O N T A V E DU P O N T A V E LO G A N A V E KN O X A V E JA M E S A V E Brooklyn Center Zoning Map 0 0.5 10.25 Miles This Zoning Map reflects council-approved zoning changes up to its effective date of September 5, 2015. The zoning designations shown onthis map must be interpreted by the City's Zoning Code and policies. These zoning designations are subject to changeas part of the City's ongoing planning process. / o o o Airport Safety Zones (refer to Minn. Rules 8800.2400) Mississippi River Corridor Critical Area Boundary Line Private Roads ZONING DISTRICTS R1 One Family Residence R2 Two Family Residence R3 Multiple Family Residence R4 Multiple Family Residence R5 Multiple Family Residence R6 Multiple Family Residence R7 Multiple Family Residence C1 Service/Office C1A Sevice/Office C2 Commerce I-1 Industrial Park I-2 General Industry O1 Public Open Space O2 Public & Private Open Space C1/R5/R4 Office/Service & MultipleFamily Residence PUD/R1 Planned UnitDevelopment/One Family Res. PUD/R3 Planned UnitDevelopment/Multi-Family PUD/C1 Planned UnitDevelopment/Office-Service PUD/C1A Planned UnitDevelopment/Office-Service PUD/C2 Planned UnitDevelopment/Commerce PUD/I1 Planned UnitDevelopment/Industrial Park PUD-MIXED Central Commerce Overlay District ZONING DISTRICT NOTES ALL DISTRICT BOUNDARIES EXTEND TO THE CENTERLINE OF STREETS 842846859816820856856 100 YEAR FLOOD ELEVATIONS AT SELECTED LOCATIONS WATERWAY LOCATION ELEVATION (FT. NGVD) SHINGLE CREEK MISSISSIPPI RIVER TWIN LAKESRYAN LAKE AT 53RD AVE N ..........................AT 69TH AVE N ...........................AT BROOKLYN BLVD .................AT 53RD AVE N ..........................AT 73RD AVE N ..........................SHORELINE ................................SHORELINE ................................ NOTE: SEE FEMA/FIA FLOOD INSURANCE STUDY DATED SEPT. 2004 AND FLOODWAY MAPS AND FIRM MAPS DATED SEPT 2004 FOR DETAILED INFORMATION ON FLOODWAY LIMITS AND PROFILES I-1 - INDUSTRIAL PARKI-2 - GENERAL INDUSTRY INDUSTRIAL RESIDENTIALR1 - ONE FAMILY RESIDENCE (One Family Dwellings)R2 - TWO FAMILY RESIDENCE (One and Two-Family Dwellings)R3 - MULTIPLE FAMILY RESIDENCE (Townhouse/Garden Apts./CondosR4 - MULTIPLE FAMILY RESIDENCE (1-1/2 & 2-Story Dwellings)R5 - MULTIPLE FAMILY RESIDENCE (2-1/2 & 3 Story Dwellings)R6 - MULTIPLE FAMILY RESIDENCE (4 or 5 Story Dwellings)R7 - MULTIPLE FAMILY RESIDENCE (6+ Story Dwellings) COMMERCIALC1 - SERVICE / OFFICE (Min. 1-ac. lots/3-story max.)C1A - SERVICE / OFFICE (Min. 1-ac. lots/No Height Limitations)C2 - COMMERCE OPEN SPACEO1 - PUBLIC OPEN SPACE O2 - PUBLIC AND PRIVATE OPEN SPACE PLANNED UNIT DEVELOPMENTThe underlying zoning is designated afterthe "PUD/___" (e.g. "PUD/C2" equalsPlanned Unit Development/Commerce) (Refer to City Code Sect. 35-2240 for allowable uses and prohibited uses) CC - CENTRAL COMMERCE OVERLAY This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records,information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is tobe used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to preparethis map is error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purposerequiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepanciesare found please contact (763) 569-3335. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2013),and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees todefend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties whicharise out of the user's access or use of data provided. Document Path: L:\Users\ComDev\Zoning\Zoning Map 2015.mxd 08/12/19 -1-DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION AUGUST 12, 2019 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Mike Elliott at 9:30 p.m. ROLL CALL Mayor/President Mike Elliott and Councilmembers/Commissioners April Graves, Kris Lawrence-Anderson, and Dan Ryan. Councilmember/Commissioner Marquita Butler was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Business and Workforce Development Coordinator Brett Angell, and City Attorney Troy Gilchrist. PLACES OF WORSHIP – ZONING AMENDMENT DISCUSSION Community Development Director Meg Beekman reviewed a request to amend the I-2 Zoning District to allow Places of Worship as an authorized use. A worship group wants to relocate its religious use and community center to a property within the I-2 Zoning District as their current facility on Brooklyn Boulevard is no longer available. They hope to stay within the community as many of their members are residents of Brooklyn Center and Brooklyn Park. Ms. Beekman stated the applicant has identified a site within the I-2 Zone, 4900 Brooklyn Boulevard, and is seeking to purchase the site to create a community center, gathering and worship space, events and classroom space and office. The community gathers several times a week, evenings, and weekends. Ms. Beekman stated the I-2 District is a heavier industrial use area. Religious uses are currently permitted in the C-2 Zoning District as well as Residential Districts. Ms. Beekman stated there is some concern regarding parking, which is limited on the site with only 18 striped stalls. The City Planner measured the parking area and determined there is room for a total of 25 stalls. City Staff has concerns regarding Fire Code compliance, egress issues, and assembly use standards, and the building would require a change of use and compliance with fire standards. 08/12/19 -2- DRAFT Ms. Beekman stated there is a compliment in the hours of use, as the industrial area is used predominantly during workday hours, and the worship would be evenings and weekends. She added the property had been challenged due to its unique layout and location, so some synergy would be created between how the site can meet their needs and what they would bring to the facility. Ms. Beekman stated City Staff had reviewed this issue with the City Attorney and the most legally defensible way forward is to enact a Zoning Code text amendment to allow places of worship as a specially permitted use within the I-2 District with conditions including building use, ADA requirements, adequate parking and access, and fire suppression. These amendments would apply to all properties within the I-2 Zoning District as spot zoning is prohibited in State statute and only takes place absent of policy and Comprehensive Plan guidance. Councilmember/Commissioner Graves asked whether there are other uses within this neighborhood, in the I-2 Zoning District. Ms. Beekman stated there is a utility substation across the street from the building and a railroad track to the south with no fencing. City Attorney Troy Gilchrist stated the proposed Ordinance amendment can be set up so that a use may be permitted on a particular property in the I-2 Zoning District, but not allowed on every property in the Zoning District unless criteria are met. Councilmember/Commissioner Ryan expressed his concern regarding changing a Zoning District to allow a place of worship on industrial property that could potentially be valuable in terms of tax capacity and commercial use. He added there are not many I-2 properties, and this Ordinance amendment would set a precedent for other similar uses. He added the Special Use Permit criteria would need to be very specific regarding types of uses Mr. Gilchrist stated the amendment would determine that the use is generally appropriate, but the City Council/EDA can apply criteria. He added a Special Use Permit would run with the property, and a future owner would have the right to resume the operation within the criteria of the permit. Councilmember/Commissioner Ryan asked whether the applicant is aware of the additional costs of compliance with fire suppression and ADA regulations. Ms. Beekman stated the applicant has met with the building office and reviewed these issues as well as parking requirements. She added specific information regarding capacity had not been provided. Councilmember/Commissioner Ryan stated he would be willing to support this request if the Special Use Permit would have solid criteria, and assuming the use would be tax-exempt, protect the financial interests of the City. Mayor/President Elliot agreed, adding City Staff could provide a draft amendment with criteria for the City Council/EDA’s review. Ms. Beekman stated the proposed amendment would be reviewed by the Planning Commission before review by the City Council/EDA. City of Brooklyn Center 35-45 City Ordinance 9. The storage area shall consist of a concrete or bituminous surface. The property owner or responsible tenant shall keep the outdoor storage areas free of refuse, trash, debris, weeds, and waste fill. 10. Any storage or placement of materials outside of the designated area shall be a violation of the City Code. 11. A detailed site plan specifically delineating the storage area, including the landscaping and lighting plans for said areas, must be approved by the City Council. Section 35-331. I-2 GENERAL INDUSTRY. 1. Permitted Uses a. The following manufacturing activities. 1) Food and kindred products as illustrated by: Dairy products Bakery products Confectionery and related products Beverages, including beer, wine, and distilled alcohol Macaroni, spaghetti and noodles 2) Textile mill products. 3) Apparel and other finished products made from fabrics, leather and similar materials. 4) Lumber and wood products, except saw mills and planing mills producing dimensioned lumber. 5) Furniture and fixtures. 6) Converted paper and paperboard products (as opposed to paper and paperboard manufacturing). 7) Printing, publishing and allied industries. 8) Chemicals and allied products as follows: Drugs Soaps, detergents and cleaning preparations, perfumes, cosmetics and other toilet preparations (compounding and packaging only) Exhibit C City of Brooklyn Center 35-46 City Ordinance 9) Miscellaneous plastic products. 10) Fabricated metal products as illustrated by: Office computing and accounting machines Household appliances Electrical lighting and wiring equipment Communication equipment, including radio and television receiving sets Electronic components and accessories Screw machine product Coating, engraving and allied services 11) Professional, scientific, electronic and controlling instruments, photographic and optical goods, watches and clocks. 12) Miscellaneous manufacturing goods such as jewelry and silverware, musical instruments and parts, toys, amusement, sporting and athletic goods and pens, pencils and other office and artistic materials. 13) Assembly of electric powered vehicles. b. The following wholesale trade activities: 1) Motor vehicles and automotive equipment. 2) Drugs, chemicals and allied products. 3) Dry goods and apparel. 4) Groceries and related products. 5) Electrical goods. 6) Hardware, plumbing, heating equipment and supplies. 7) Machinery, equipment and supplies. 8) Other wholesale trade similar in nature to the aforementioned uses such as paper and paper products, furniture and home furnishings and beer, wine, and distilled alcoholic beverages, but expressly excluding petroleum bulk stations and scrap and waste materials and similar uses. City of Brooklyn Center 35-47 City Ordinance c. The following service activities: 1) Laundrying, dry cleaning and dyeing. 2) Warehousing and storage. 3) Automobile and truck repair and wash. 4) Contract construction. 5) Kennels. 6) Veterinarian and animal hospitals. 7) Automobile and truck rental and leasing. 8) Gasoline service stations (See Section 35-414), motor vehicle repair and auto washes provided they do not abut an R1, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space. d. Truck terminals or exchange stations. e. Public transit terminals. f. Accessory uses incidental to the foregoing principal uses when located upon the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1) Off-street parking and off-street loading. 2) Signs as permitted in the Brooklyn Center Sign Ordinance. 3) Storage of materials, provided that when the use abuts or is adjacent to any residential zone such storage shall be within completely enclosed buildings or effectively screened by a solid wall or fence, including solid entrance and exit gates not less than six feet nor more than eight feet in height. g. Other uses similar in nature to the aforementioned uses, as determined by the City Council. 2. Special Requirements a. See Section 35-413 of these ordinances. City of Brooklyn Center 35-48 City Ordinance 3. Special Uses a. Foundries, provided that the foundry operation is a necessary incident to a principal use permitted in the I-2 district. b. Retail sales of products manufactured, processed or wholesaled at the use site. c. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. Section 35-340. O-1 PUBLIC OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, playgrounds, athletic fields, and other recreational uses of a noncommercial nature. b. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial use. Such accessory uses to include but not be restricted to the following: 1) Off-street parking. 2) Public recreational buildings and parks, playgrounds and athletic fields. 3) Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35-341. O-2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, playgrounds, athletic fields and other recreational uses of a noncommercial nature. b. Commercial recreational facilities of a semi-open nature such as golf courses and golf driving ranges. c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: 1) Off-street parking. 1 610984v3BR291-16 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the ____ day of __________, 2019, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending the zoning regulations to allow religious uses in the General Industry (I-2) District as a special use. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 35 REGARDING USES ALLOWED IN THE GENERAL INDUSTRY (I-2) DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Legislative Findings. The City Council of the City of Brooklyn Center (“City”) hereby finds and determines as follows: 1.The City currently allows places for religious assemblies in several zoning districts within the City, but the use is currently not allowed in the City’s General Industry (I-2) District; 2.The City desires to accommodate religious uses to the extent reasonably possible, but the City has previously not allowed such uses in this industrial district because the properties within this type of district: a.Contain structures that were built to accommodate manufacturing, warehousing, or other industrial uses not intended for occupation by the general public; b.These properties typically contain small parking lots because industrial uses have relatively few employees and few customers visiting the site, compared to assembly uses that typically require a large amount of on-site parking to accommodate the members and participants; and c.Converting existing industrial structures to comply with the various codes applicable to assembly uses can be costly; 3.Religious uses can create certain negative impacts on an area including, but not limited to, traffic and parking concerns depending on the size and the scope of their operations; 4.In order to allow the City to fully consider the potential impacts of a proposed use and to develop conditions to mitigate or eliminate those impacts, it is appropriate to require a religious use proposing to locate in the I-2 District to obtain a special use permit from the Exhibit D 2 610984v3BR291-16 City and to ensure such uses meet the minimum requirements and standards imposed by the City Code; and 5. The City Council determines it is in the best interests of the City to allow religious uses in the I-2 District pursuant to a special use permit, provided they can satisfy the applicable codes, standards, and requirements. Article II. Special Uses. Section 35-331, paragraph 3 of the Brooklyn Center City Code identifying the uses allowed in the General Industry District as a special use is hereby amended as follows: 3. Special Uses a. Foundries, provided that the foundry operation is a necessary incident to a principal use permitted in the I-2 district. b. Retail sales of products manufactured, processed or wholesaled at the use site. c. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. d. Places for religious assemblies such as chapels, churches, temples, mosques, and synagogues, provided the use complies with the minimum parking standards in Section 35-700 and other applicable standards. Article III. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this ___ day of __________, 2019. ____________________________ Mike Elliott, Mayor ATTEST: _________________________ City Clerk Date of Publication _________________________ Effective Date _____________________________ (Strikeout indicates matter to be deleted, double underline indicates new matter.) Commissioner introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2019-013 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-015 FOR ADOPTION OF A ZONING AMENDMENT REGARDING ALLOWED USES WITHIN THE I-2 (GENERAL INDUSTRY) DISTRICT WHEREAS, the Planning Commission held a public hearing, after due notice having been provided, on September 12, 2019, on a proposed ordinance titled AN ORDINANCE AMENDING CHAPTER 35 REGARDING USES ALLOWED IN THE GENERAL INDUSTRY (I-2) DISRICT (“Ordinance”); and WHEREAS, the Ordinance amends the list of uses allowed by special use within the I-2 (General Industry) District (“District”) to incorporate “places for religious assemblies such as chapels, churches, temples, mosques, and synagogues, provided the use complies with the minimum parking standards in Section 35-700 and other applicable standards,” and WHEREAS, the Planning Commission heard from those wishing to speak on the proposed Ordinance, discussed it, and determined that the proposed amendment is consistent with the intent of the District and in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Brooklyn Center, Minnesota hereby forwards the proposed Ordinance to the City Council with a recommendation that it be adopted as presented. September 12, 2019 Date Randall Christensen, Chair ATTEST: Ginny McIntosh, Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Exhibit E North Neighborhood Main Street and Retail Park and Recreational Feature South Neighborhood Opportunity Site Draft Concept An invi�ng, a�rac�ve, walkable, mixed use and vibrant downtown. Hwy 100 S h i n g l e C r e e k P k w y Bass Lake Rd OPEN HOUSE Brookdale Library 6125 Shingle Creek Pkwy, Brooklyn Center Thursday, Sept. 19, 2019 6:00 - 8:00 p.m. Whe Wher Learn more and provide input on the City’s master planning efforts for the Opportunity Site located between Shingle Creek Parkway and Highway 100. Wha Opportunity Site - Master Planning Work Pleas Joi U!