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Home My WebLink About2005 03-31 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 31, 2005 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Sean Rahn. ROLL CALL Chair Tim Willson, Commissioners Sean Rahn, Dianne Reem, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Graydon Boeck, Rachel Lund and Rex Newman were absent and excused. APPROVAL OF MINUTES — MARCH 10. 2005. There was a motion by Commissioner Reem, seconded by Commissioner Roche, to approve the minutes of the March 10, 2005 meeting as submitted. The motion passed. Commissioner Rahn abstained as he was not present at the meeting. CHAIR'S EXPLANATION Chair Willson 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. DISCUSSION ITEM — DRAFT ORDINANCE AMENDING CHAPTER 35 REGARDING PERMITTED USES IN THE C1 SERVICE /OFFICE DISTRICT Mr. Warren stated that the subject being discussed is a draft ordinance amendment regarding permitted uses in the CIA Service /Office district. Generally, all zoning and sign ordinance amendments require review and comment by the Planning Commission with respect to those ordinances, before being submitted to the City Council for consideration. Mr. Warren explained that the proposed ordinance amendment is directly related to a project that has been considered for the vacant C1 zoned property located on Earle Brown Drive adjacent to the Earle Brown Heritage Center. For a number of years the City has been concerned about the potential development of this site and the effect it might have on adjacent and adjoining properties. The City Co ncil/EDA has aggressively pursued the development of a hotel on this site since the time of the Calthorpe Smart Growth Study a number of years ago that acknowledged the desirability of such a use in this area. The City acquired the property to control its development and discussions with potential developers have ensued to the point where 3 -31 -05 Page 1 I a development agreement has been concluded between the EDA and Brooklyn Hotel Partners, LLC for a combination hotel/water park development. Mr. Warren explained that the C1A district allows a variety of service and office uses with no zoning limitations on the height of a building. He added that the district is often referred to as a high rise service /office district as opposed to the C1 district that limits building heights to three stories. He noted that the hotel/water park proposed would be consistent with the building height and bulk characteristics of surrounding properties. Mr. Warren added that amending the zoning ordinance to allow transient lodging and associated uses in the C1A zone would allow the use being proposed to take place and maintain consistency with the Comprehensive Plan. The developers of the hotel are in a position to move forward and amending the ordinance would allow the hotel development to take place and be consistent with the city's Comprehensive Plan. Chair Willson stated the PUD process has helped the city put together developments when several parcels are involved. Since this is only one parcel, is it correct to assume that this ordinance amendment would benefit parcels also zoned CIA located in the Opportunity Site and other locations. Mr. Warren responded that it would allow hotels and associated uses on any C 1 A zoned property; however, it would not allow these uses in the C 1 zone. Commissioner Reem inquired about the height of other buildings located throughout the city. Mr. Warren pointed out the number of stories of various buildings in the city. Commissioner Roche asked about the city's Community Center being in competition with a hotel and water park. Mr. Warren responded that the two will be different facilities and should not be in competition since the hotel water park will be for hotel guests only and not open to the public. Further discussion ensued regarding the draft ordinance amendment. The Commission posed no objections to the ordinance amendment. ACTION TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING PERMITTED USES IN THE C1A SERVICE /OFFICE DISTRICT Commissioner Roche made a motion, seconded by Commissioner Rahn to recommend to the City Council an Ordinance Amending Chapter 35 of the City Ordinances Regarding Permitted Uses in the C1A Service /Office District. Voting in favor: Chair Willson, Commissioners Rahn, Reem and Roche. The motion passed unanimously. DISCUSSION ITEM — DRAFT ORDINANCE AMENDING CHAPTER 35 RELATING TO RENTAL DWELLINGS AND NON - CONFORMING USES Mr. Warren explained that this ordinance amendment was on the City Council's agenda and they referred the amendment to Chapter 12 to the Housing Commission for review and comment and the amendment to Chapter 35 to the Planning Commission for review and comment. Mr. Warren directed the Commission to Chapter 35 -111, Subdivision 5 & 7, regarding nonconforming uses. 3-31-05 Page 2 He explained what constitutes a nonconforming use and how a property can be `grandfathered' in creating a non - conforming use following a zoning change. Mr. Warren noted that the language that is to be added to Subdivision 5 is a mandated change by the State Legislature. This allows an exception to the prohibition for rebuilding following 50% destruction of a nonconforming use provided a building permit to rebuild is applied for within 180 days of when the property is damaged. The City Attorney has advised that this language should be added to the Zoning Ordinance. Mr. Warren explained that the proposed Subdivision 7 is new language that would acknowledge that a nonconforming duplex in an R1 zone would lose its status if no rental license or certification is filed for a two year period. Commissioner Rahn inquired if a non - conforming property were destroyed by more than 50 percent, would an owner be allowed to build a structure that is substantially larger that what existed prior to its destruction. Mr. Warren responded that generally the original footprint must be used and it cannot be altered, enlarged or rebuilt when a non - conforming use is destroyed. Mr. Warren further explained Chapter 35 -111, Subdivision 7 regarding rental license requirements of nonconforming uses, specifically two family homes in the RI (One Family Dwelling) zone. He explained the history of tracking and establishing non - conforming two family homes when they exist in the R -1 zone. The Commission further discussed the ordinance amendment and asked about city requirements for licensing of single family homes. Mr. Warren briefly explained how the rental license program is administered and what is required of a homeowner of a two family home when it is not actually being used as rental. He further explained the proposed amendment to Chapter 12 regarding certification of two family homes which would create an exemption from licensing requirements. Further discussion ensued regarding the draft ordinance amendment. The Commission posed no objections to the ordinance amendment. ACTION TO RECOMMEND APPROVAL OF AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING NON - CONFORMING DUPLEX PROPERTIES IN THE RI ZONING DISTRICT. Commissioner Reem made a motion, seconded by Commissioner Rahn to recommend to the City Council an Ordinance Amending Chapter 35 of the City Ordinances Regarding Non - Conforming Duplex Properties in the R -1 Zoning District. Voting in favor: Chair Willson, Commissioners Rahn, Reem and Roche. The motion passed unanimously OTHER BUSINESS Chair Willson reminded the Commission that the next meetings of the Opportunity Site Task Force will be April 6 and April 13, 2005. 3 -31 -05 Page 3 Mr. Warren stated that there will be two business items for the April 14, 2005, Planning Commission meeting. There was no other business. ADJOURNMENT There was a motion by Commissioner Reem, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:58 p.m. ✓ Chair Recorded and transcribed by: Rebecca Crass 3 -31 -05 Page 4