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HomeMy WebLinkAbout1979 05-24 MEMORANDUM TO: Southwest Neighborhood Group Commissioner Hawes (liaison) 537 -0788 John Kightlinger 533 -2762 Charles Gellerman 537 -4314 John Larson 537 -0547 Herb Karsten 533 -6831 Yvonne Quady 533 -1229 J. W. Angel 537 -9598 Clifford Williams 533 -5977 FROM: Ronald A. Warren, Director of Planning and Inspectio �• SUBJECT: Review of Planning Commission Application No. 79025 (Rezoning) DATE: May 24, 1979 The Planning Commission considered the above matter at a public hearing held ors May 10, 1979 and has referred this matter to your Neighborhood Advisory Group for review and comment. The application was submitted by Jarold Modeen, owner of the property at 5545 Brooklyn Boulevard, who is joined by the property owners of 5455, 5459, 5501, 5509 and 5549 Brooklyn Boulevard, in seeking rezoning from R1 (Single Family Residential) to Cl (Service /Office). These lots are bounded on the north by the Library property and Northport Drive, on the west by North- port Park and Northport School, on the south by the Northport Clinic and on the .east by the Brooklyn Boulevard frontage road. We have received a letter from the applicant (attached) in which the rationale for the rezoning is indicated. We have also received the confirmation from all of the subject property owners that they favor the rezoning to Cl. Attached with the information being supplied to you is a copy of Section 35 -208 of the City Ordinances which is the City's Rezoning Evaluation Polciy and Review Guidelines. The merits of the rezoning request should be reviewed in terms of these guidelines. The following information is enclosed for your review: 1. A copy of the May 10, 1979 Planning Commission minutes relating to Application No. 79025. 2. Planning Commission Information Sheet for Application No. 79025. 3. A letter from the applicant requesting the rezoning. 4. A copy of Section 35 -208 of the City Ordinances regarding Rezoning Evaluation Policy and Review Guidelines. 5. A map of the area. The meeting has been scheduled for Tuesday, May 29, 1979 and will be held at the Brooklyn Center Library, 5601 Brooklyn Boulevard. The meeting will begin at 7:30 p.m. The Planning Commission would appreciate your comments and /or our your recommendations in writing within the next 30 days. Thank you for y cooperation ation Chairman Pierce cited one example where a single property was bounded by two major thoroughfares and in that case, he stated, the 50 ft. setback was enforced off both thoroughfares. In response to a question from Chairman Pierce, the Superintendent of Engineering indicated that the State Department of Transport- ation would not guarantee that the ramps serving Xerxes Avenue North would be abandoned at any particular time. In answer to Commissioner Hawes, the Secretary stated that if the ramps were vacated, the City would attempt to acquire the land for park purposes and in that event the setback problem would be resolved. The Superintendent of Engineering and Commissioner Hawes then discussed the potential drainage problems on the site and possible solutions. TABLE APPLICATION NO. 79024 (Brooklyn Center Industrial Park) Motion by Commissioner Lucht seconded y ommissioner Thei' o table Application No. 79024 until questions regarding rear yard setbacks from major thoroughfares are clarified. While the motion was on the floor, the Secretary suggested that perhaps a statement from the Department of Transportation could be obtained indicating when the ramps will be vacated. Chairman Pierce noted that the tabling of the application included a tabling of the public hearing on the appli- cation. Commissioner Hawes desired the motion to indicate the Planning Commission acknowledges that the plat is approveable in present form except for the questions of setbacks. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Manson, Hawes, Lucht and Erickson. Voting against: none. The motion passed unanimously. F A P PLICATION NO. 79025 (Jarold Modeen) next item of consideration was a rezoning request from R1 to Cl by Jarold odeen, owner of the property at 5545 Brooklyn Boulevard. The Secretary explained that the owner was joined by the property owners of 5455, 5459 and 5501, 5509 and 5545 Brooklyn Boulevard in proposing to rezone six single family residential logs from R1 to Cl. He pointed out that the lots are bounded on the north by the Library property and Northport Drive, on the west by Northport Park and Northport School, on the south by the Northport Clinic and on the east by the Brooklyn Boulevard frontage road. The Secretary stated that he had received a letter from the applicants arguing that the rezoning is justified because: 1. The surrounding property is all commercially zoned and the property is not suited for residential purposes. 2. The rezoning will benefit the City. 3. There will be no adverse impact on surrounding properties if the rezoning is granted. The Secretary noted that in December of 1978, the City Council approved a rezoning of the slaughterhouse property just north of the Library site to Cl. In con- junction with that rezoning, he said, and in a previous request, the Southwest Neighborhood Advisory Group had communicated its support of a rezoning of all properties from the Northport Clinic to the slaughterhouse property. The City Council requested the Planning Commission to consider a larger rezoning of this area during review of the Comprehensive Plan. The Secretary cited the recommendation of the Comprehensive Plan for Brooklyn Boulevard, which states that existing single family housing on Brooklyn Boulevard should be preserved "at least for the near future where it is an integral part of the single family residential neighborhood and not segmented therefrom by other land uses, and especially where a frontage road exists or where one can be installed." The Secretary noted that while the properties in question are somewhat isolated, they are also served by a frontage road. He also indicated that even though review of the Comprehensive Plan is underway, the rezoning request would have to be evaluated in light of the existing Comprehensive Plan. 5 -10 -79 -8- The Secretary described the lots in question as averaging roughly 140 ft. in depth with widths ranging from 101 to 171 feet. Noting that front yard setbacks off a major thoroughfare are 50 feet and rear yard setbacks in Cl zones are 40 feet, the Secretary inferred that combinations of some of the lots in question would have to take place in order to make development feasible. He also pointed out that the Planning Consultant has considered service office uses as a possi- bility for this area, recommending minimum lot widths for Cl uses along a major thoroughfare to be increased to 150 feet from the present 75 feet to encourage larger and more attractive developments, rather than allowing house coversions with numerous curb cuts. He added, however, that these considerations do not apply under the existing ordinance, and therefore, must not be considered to impinge on the property were it rezoned. The Secretary referred the Commission to the Rezoning Evaluation Policy and Review Guidelines contained in Section 35- 208. He advised that the proposal be weighed on the current criteria and that the Commission refer the rezoning request to the Southwest Neighborhood Advisory Group for review and comment. Commissioner Hawes pointed out that the Southwest Neighborhood Advisory Group had met and recommended that this rezoning request be approved. He asked whether another meeting would be necessary. The Secretary answered that that would be up to the Planning Commission. Commissioner Hawes produced a resolution passed by the Neighborhood Advisory Group pertaining to the rezoning request. Commiss- ioner Theis asked whether the rezoning request was fully petitioned. The Secretary answered that it was. In answer to Commissioner Theis, the Secretary indicated that the property just south of the lots in question was the Northport Medical Clinic and other single family homes. Chairman Pierce then asked the applicant to speak on behalf of the proposal. Mr. Modeen stated simply that the original proposal of the Southwest Neighborhood .Advisory Group was amended to include the slaughterhouse property when the Mayor sought to have it rezoned last December. David Jensen of 5501 Brooklyn Boulevard argued that the property in question is obviously not suited for residential use. It is bounded on the north, east and west by commercial uses, he said. And the people to the south of the proposal will suffer no increase in traffic since cars moving toward the site will all have to approach from the north. He felt that the request did not violate the rezoning guidelines and could not see any reasons for preserving the area as residential under the existing Comprehensive Plan. Mr. George Olson, of 5459 Brooklyn Boulevard, explained that most of the homes in the area were built before Brookdale and that the resulting development; along the boulevard in the last 20 years has tended more and more to isolate the properties in question. PUBLIC HEARING Chairman Pierce then formally opened the meeting for a public hearing. Mrs. Gloria Byrnes of 5348 Northport Drive, conceded that the applicants were in a difficult position, but contended that the people in the neighborhood are con- cerned about the extent of commercial development along Brooklyn Boulevard and that support for the proposal is by no means unanimous. She felt that traffic would increase in the area as a result of the zoning change and that this would make the area more dangerous for children. She recommended that the Planning Commission refer the proposal to the Southwest Neighborhood Group. In rebuttal Mr. Jensen stated that the first time the Southwest Neighborhood Group called a meeting no one showed up. At the second meeting, he said, the applicants attended and one other person who objected. That makes only one objection, he contended. He allowed that while traffic patterns could be 5 -10 -79 -9- looked at, he did not see any likely increase over the present. He argued that: the Cl zone is compatible with residential zones, and that to leave the properties residential would not make them safe for children who might live in those homes along the boulevard. Mrs. Byrnes admitted that some of the points which Mr. Jensen made were true. "However," she stated, "the point is that many people in the neighborhood are not aware of this proposal and may not favor it if they are aware of it." Mrs. Ekberg, of 5549 Brooklyn Boulevard contended that traffic to the west is very isolated and that the impact of the boulevard is born by those who live along the frontage road. CLOSE PUBLIC HEARING Motion by Commissioner Hawes seconded by Commissioner Theis to close the public hearing. Voting in favor: Chairman Pierce, Commissioners Malecki, Theis, Hawes, Manson, Lucht, and Erickson. Voting against: none. The motion passed unanimously. TABLE APPLICATION N0. 79025 (Darold Modeen) Motion by Commissioner Hawes seconded by Commissioner Manson to table Application No. 79025 and refer the rezoning request to the Southwest Neighborhood Advisory Group for review and comment. Voting in favor: Chairman Pierce, Commissioners Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. The Secretary noted that if the Northport Clinic were included in the rezoning request, this would declassify it as a nonconforming use. Chairman Pierce asked whether there were any definite development proposals accompanying the rezoning requests. Mr. Olson replied that no development proposals exist that he is aware of. Commissioner Theis asked whether the inclusion of the Northport Medical Clinic in the rezoning request would make the notices sent to the neighborhood invalid. The Secretary answered that it would not invalidate the public hearing. Mr. Jensen complained that the people involved in the petition labored under the assumption that the additional recommendation from the Southwest Neighborhood Advisory Group was good enough for this proposal. The Secretary reviewed the history of the slaughterhouse rezoning and the re- zoning of the Library property. He pointed out that when the City Council re- zoned the Library property, it refrained from rezoning the slaughterhouse property because there was no development proposal comprehended for the slaughterhouse property at that time. Mr. Jensen argued that there was no comparison between the Library and the slaughterhouse property. The Secretary stated that the recommendation of the City Council was to take up the rezoning of properties along Brooklyn Boulevard between the Northport Medical Clinic and the Library during the Comprehensive Plan review. He stated that he considered the present application premature in light of the Comprehensive Plan that is now in force. Mr. Jensen complained that the slaughterhouse property is also premature in that case. Mr. Olson asked if the Commission would rule on the proposal if the ad- visory group did return with a recommendation to approve the request, or would the Commission wait for another year? The Secretary answered that the Planning Commission could only recommend approval or denial to the City Council based on the merits of the proposal. Commissioner Theis and Chairman Pierce reminded the applicants that procedures are important in considering rezonings, that no re- zoning can be automatic, but must receive a thorough hearing. APPLICATION NO. 79026 (James S. Warren) The next item of consideration was an application for a special use permit to operate an animal hospital for the care and treatment of small animals at 413 - 66th Avenue North, submitted by James S. Warren. The Secretary noted that the site is zoned C2 and is surrounded by other commercially zoned property. Animal 5 -10 -79 -10- Planning Commission Information Sheet Application No. 79025 Applicant: Jarold Modeen Location: 5455 to 5449 Brooklyn Boulevard Request: Rezoning from R -1 (Single Family Residential) to C -1 (Service /Office) The applicant, owner of the property at 5545 Brooklyn Boulevard, is joined by the property owners of 5455, 5459, 5501, 5509 and 5549 Brooklyn Boulevard in a proposal to rezone 6 single family residential lots from R -1 (Single Family Residential) to C -1 (Service /Office). These lots are bounded on the north by the Library property and Northport Drive, on the west by Northport Park and Northport School, on the south by the Northport Clinic and on the east by the Brooklyn Boulevard frontage road. We have received a letter from the applicant (attached) in which they argue that the rezoning is justified for the following: a. The surrounding property is all commercially zoned and their property is not suited for residential purposes. b. The rezoning will benefit the City. c. There will be no adverse impact on surrounding properties if the rezoning is granted. In December 1978, the City Council approved a rezoning of the slaughterhouse property, just north of the Library site, to C -1. In conjunction with that rezoning and in a previous rezoning request (Application No. 76053), the Southwest Neigbor- hood Advisory Group communicated its support of a rezoning of all property from the Northport Clinic to the slaughterhouse property. The Planning Commission, with direction from the City Council, decided to review such a large scale rezoning during review of the Comprehensive Plan. That review is not underway, however, it will be perhaps a year before a new plan is adopted. The City's existing Comprehensive Plan recorpmends preserving "existing sinale family housing on Brooklyn Boulevard, at least for the near future, where it is an integral part of a single family residential neighborhood, and not segmented therefrom by other land uses, and especially where a frontage road exists or where one can be installed." The properties in question seem to straddle both sides of this recommendation in that they are somewhat isolated, yet are served by a frontage road. The lots in question average roughly 140 ft. depth and have variable widths ranging from 101 ft. to 171 ft. Commercial office developments along a major thoroughfare must be set back 50 ft. and have a 35 ft. buffer strip. Rear yard setbacks are 40 ft. Combinations of some of the lots in question would, in all likelihood, have to take place to make development of this property feasible. The City Plan- ning Consultant has looked at this area for possible service /office uses and are recommending minimum lot widths for C -1 uses alon a major thoroughfare to be increased to 150 ft. from the 75 ft. to encourage larger and more attractive de- velopment, rather than allowing house conversions or small complexes requiring numerous curb cuts. It is, however, premature at this time to apply these considerations to the application before the Commission. 5 -10 -79 -1- Application No. 79025 A copy of the Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208 is attached for your review. The merits of the proposal must meet the current criteria in order to recommend approval of the application. The Commission traditionally refers rezoning requests to the appropriate Neighbor- hood Advisory Group, in this case, the Southwest Neighborhood Advisory Group. A public hearing has been scheduled and notices have been sent. � 5 -10 -79 -2- w � - I OTH AVE hit FF� T 1 1? CIA NORTHWAY OR. m R 5 c A E. N. o O P404T NWAY cr v r �� dR1Vr C2 C ..� � A. N COUNTY q — ROAD It I I T" AV NORTHPORT PARK �\ APPLICATION NO. i 79025 NORTHPORT� SCHOOL. _ 55TH AVE N �� F, WAT E R J 34TH AVE a C ` ' Lj O r° d H ~ ILA r W W ` 1 E M 53RD AVE R5 - i W a I -- A E N a R-15 ND AVE N. u \ Section 35 -208. REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose . The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through un'_for., and equitable evaluation of periodic proposed changes to this Zoning Ordinance; 3rd for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy. It is - the policy of the City that: a) zoning classifications must be consistent with the Comprehensive Plan, and b) rezoning proposals shall r_ot. constitute "spit zoning," defined as a z oning decision whic41 discriminates favor of a particular landowner, and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure. Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines which may be weighed collectively or individually as deemed by the City. 4. Guidelines. (a) Is - there a clear and - public need, or benefit? _- : (b) Is - the proposed zoning consistent with and compatible with surrounding land use classifications? - (c) Can all permitted uses in - the proposed zoning district be contemplated for development of the subject property? (d) Have there been substantial physical or zoning classification changes in - the area since - the subject - property was zoned? (e) In the case of City - initiated rezoning proposals, is - there a • kroad public purpose evident? • (f) Will the subject property bear fully - the ordinance development restrictions for the proposed zoning districts ? (g) Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? (h) Will - the rezoning result the expansion of a zoning district, warranted by: 1) Comprehensive Planning; 2) - the lack of developable land in the proposed zoning district; or 3) - the best interests of the community? 1) Does the proposal demonstrate merit beyond 'the interests of an owner or owners of an individual parcel? `