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HomeMy WebLinkAbout1999 10-28 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 OCTOBER 28, 1999 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:33 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Carla Wirth. APPROVAL OF MINUTES - OCTOBER 14, 1999 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the October 14, 1999 meeting as submitted. The motion passed with abstentions by Commissioners Boeck, Erdmann, and Rahn. Commissioner Boeck stated his concurrence with Commissioner Reem's comment as detailed on Page 4 of these minutes regarding the existence of a variance for the construction of the West Fire Station on 63rd Avenue and Brooklyn Boulevard. However, if it had been a six floor building, he doubted that a variance would have been considered. He commented that the mechanical equipment on the top of the building does add to the height of the building and closes in on the open space that setbacks generally provide. Commissioner Boeck stated that while some may not even notice the mechanical equipment, it may have been a good idea if the Planning Commission had been informed that this was to occur. 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 ITEMS COMMERCIAL ZONING REORGANIZATION Mr. Warren noted that at the last meeting, the Planning Commisison began a discussion regarding a possible comercial zoning reorganization. He directed the Commission's attention to the exerpts from the zoning ordinance relating to special requirements in each of three commercial zoning districts. 10 -28 -99 1 Mr. Warren explained that at its July 12, 1999 meeting, the City Council referred this matter to the Planning Commission to outline and identify current uses and recommend reorganization to possibly four suggested zones and bring its recommendations for ordinance changes to the Council in approximately 5 or 6 months. He noted that discussion resulted in a suggestion to develop four commercial zones (business districts) to include: 1. Central; 2. Neighborhood; 3. Highway /Industrial; and 4. Brooklyn Boulevard. He noted the ordinance section identifying the listing permitted and special uses in the three current commercial zones to present an idea of how it is currently drafted. He noted the special requirements relating to the C -1 and C -IA zones and prohibitions established as use prohibitions (generally under the category of special uses) such as abutment with R -1, R -2, and R -3 zoning districts. Mr. Warren explained this restriction dates back to the Brooklyn Boulevard study from several years ago and the option to provide buffer and screening requirements rather than a strict prohibition relating to abutment. He displayed the City's zoning map and requested the Commissioner's input. Commissioner Boeck stated he supports having four commercial zoning classifications but believes there is a need for priorities between C -2 and C -4. He asked if the City could make the more restrictive zoning apply if it is close to residential, etc. Mr. Warren explained the intent is to address areas such as uses west of the car dealerships and area of the NSP service building/North Memorial Communication Center which is perhaps not a true commercial use but, rather, a service use abutting the Osseo/Brooklyn Center school bus garage, the post office, and the car dealership storage areas. He noted the need to address separation or buffering opportunities. Mr. Warren stated another benefit is to have the ability to separate the more undesirable type of uses (pawn shops, check cashing, adult uses) from residential areas. Commissioner Boeck asked about the past intent to daft "positive" ordinance language rather than listing of prohibitions. Mr. Warren explained that the language would address the inclusion of uses over the range of districts. Commissioner Reem asked where half -way houses or sex offender group homes would be permitted. Mr. Warren explained that the State of Minnesota mandates that the City must accept group homes in certain numbers if licensed by the State and /or Hennepin County to operate as a group facility (residential facility, group homes, etc.). This State Statute mandates they must be allowed as a permitted residential use in the residential zoning district if housing six or less. They must be considered allowable in multiple residential districts if housing between seven and sixteen. Mr. Warren explained that a halfway house would fall into that category, however, if sex offenders are housed, the regulations are somewhat different. He advised of the issues that the City can and cannot regulate with this type of facility. Mr. Warren stated the City's ordinance is written the same as the State Statute. He estimated the City has seven to eight residential houses that are being operated as residential group homes. Commissioner Boeck inquired regarding the intent of the meeting tonight. Mr. Warren stated staff wants to work with the Planning Commission to develop a concept that they support, will work, and reduce, if possible, the number of special use permits being requested. He recommended the 10 -28 -99 2 Planning Commission identify uses indicated as "permitted uses" which are not appropriate and should be relocated to a different, more appropriate zoning district. Commissioner Reem asked if the Brooklyn Boulevard Study should be reviewed to determine the long range goals that had been identified and if changes should be made. Mr. Warren concurred with the benefit of reviewing the Study's recommendations and determine how it will fit with these uses. He noted the Comprehensive Plan requirements for introducing new uses is somewhat more flexible today along Brooklyn Boulevard. Chair Willson stated he recalls some areas of higher density and others of lower density along Brooklyn Boulevard. However, the combination and redevelopment of smaller lots is another consideration. Mr. Warren concurred. Commissioner Reem stated her support to review the Brooklyn Boulevard Study to assure design parameters are being met and to avoid the appearance of "Lake Street" or a commercial strip. Mr. Warren commented on the need to take into consideration the existing uses, PUD opportunities, the Study's use criteria, design criteria, and features. Commissioner Boeck asked if the Planning Commission will need to address each use and determine the proper district prior to proceeding. Mr Warren stated this is correct, along with considering restriction on size, if appropriate. He noted several locations of legal non - conforming uses which abut residential property and explained that in some cases, Kristy's Auto Repair perhaps, it might be better to rezone the property to address the use if the use is not considered to be detrimental. This may also allow for making improvements and upgrading the property, etc. In response to Commissioner Boeck, Mr. Warren suggested another method to name the zoning districts. He noted that, in any case, the uses need to be reviewed and the appropriate zoning classification identified. Issues such as outdoor storage and screening must also be reviewed and a determination made as to what is appropriate. Commissioner Rahn asked if the intent is to zone to fit what exists or to plan for the future and what might be located there. He stated that it makes sense that businesses along the Brooklyn Boulevard strip be zoned as they exist. Mr. Warren commented on the importance of addressing both aspects -- to zone for what exists as well as future uses without "zoning anything out." Chair Willson agreed that each use must be considered and determinations made in a proactive, rather than reactive, method. Mr. Warren commented on the importance of considering the appropriate uses for the Neighborhood Commercial District as well as the distinction on the appropriate size of the use. He asked if the concept as presented is acceptable or if the Commissioners would like changes made. Commissioner Rahn stated he agreed with the suggestion to rename the districts (C -1, C -2, C -3, C -4) which includes uses from less restrictive districts. 10 -28 -99 3 Commissioner Newman stated his support to eliminate the proposed C -3 zoning classification and incorporate those uses into more appropriate zoning classifications. Commissioner Erdman stated his support for the four categories to provide a sufficient number of categories and to do the best job of reducing requests for special uses. He suggested there are quantitative differences between proposed C -3 and the other suggested districts. Following discussion, the following points of consensus were reached: • Eliminate the word "industrial" from the commercial zoning classifications. • Size and scale of use needs to be addressed in more restrictive districts. • Add tobacco shop use in same zoning classification as beauty shop. • Add classifications of Transit Hubs and Park `N Ride lots in appropriate zoning district along appropriate roadway. • Add automobile sales lot to appropriate district. Commissioner Newman suggested a system be created so different considerations can be given to allow a reduced setback if the building is not as high or to allow a taller building if the setbacks provided are greater. He suggested that more flexibility be provided to maintain openness. Mr. Warren stated staff will make revisions as discussed tonight and review the recommendations contained in the Brooklyn Boulevard Study. OTHER BUSINESS Mr. Warren advised of the two applications that will be addressed at the November 10, 1999 meeting, noting it will be held on Wednesday due to the Veterans holiday on Thursday, November 11, 1999. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:02 p.m. Chair Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. 10 -28 -99 4