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HomeMy WebLinkAbout2000 01-13 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 13, 2000 CALL TO ORDER: 1999 PLANNING COMMISSION The 1999 Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL 1999 PLANNING COMMISSION Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn (arrived at 7:32 p.m.), 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 - DECEMBER 2,199 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the December 2, 1999 meeting as submitted. The motion passed unanimously. ADJOURN 1999 PLANNING COMMISSION There was a motion by Commissioner Newman, seconded by Commissioner Reem, to adjourn the 1999 Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 7:31 p.m. ADMINISTER OATH OF OFFICE• STEPHEN ERDMANN REX NEWMAN. JOHN WHITEHEAD Mr. Warren administered the oath of office to Stephen Erdmann, Rex Newman, and John Whitehead. Mr. Warren advised that the term of office is for two years. CALL TO ORDER: 2000 PLANNING COMMISSION The 2000 Planning Commission meeting was called to order by Chair Willson at 7:33 p.m. ROLL CALL 2000 PLANNING COMMISSION 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. ELECTION OF 2000 CHAIR Chair Willson called for nominations for the position of 2000 Planning Commission Chair. Commissioner Boeck nominated Tim Willson for the position of Planning Commission Chair. 01 -13 -00 1 After calling for nominations three times and hearing none, Chair Willson entertained a motion to close nominations. There was a motion by Commissioner Reem, seconded by Commissioner Boeck, to close nominations. The motion passed unanimously. Chair Willson entertained a motion of election. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to cast a unanimous ballot and elect Tim Willson as the 2000 Planning Commission Chair. The motion passed unanimously. ELECTION OF 2000 CHAIR PRO TEM Chair Willson called for nominations for the position of 2000 Planning Commission Chair Pro Tem. Commissioner Newman nominated Graydon Boeck for the position of Planning Commission Chair Pro Tem. After calling for nominations three times and hearing none, Chair Willson entertained a motion to close nominations. There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to close nominations. The motion passed unanimously. Chair Willso n n entertained a motion of election. I There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to cast a unanimous ballot and elect Graydon Boeck as the 2000 Planning Commission Chair Pro Tem. The motion passed unanimously. 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. APPLICATION NO 2000 -001 - DENITA THOMAS Chair Willson introduced Application No. 2000 -001, a request submitted for a Special Use Permit to allow conduct of a home occupation involving beauty services at 401 Bellvue Lane. The applicant, Denita Thomas, requests special use permit approval to operate a beauty shop in the basement of her home at 401 Bellvue Lane. The property in question is zoned R -2 (One and Two Family Residence) and is located on Bellvue Lane at the very east end of this new development. 01 -13 -00 2 Home beauty shops are classified as special home occupations in the City's zoning ordinance and require the approval of a special use permit before such operations can be undertaken. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 12 -29 -99 for Application No. 2000 -001 attached.) Mr. Warren noted the letter submitted by the applicant describing the proposed home occupation and noting that she is a licensed cosmetologist and will be seeking to have her home beauty shop licensed as such by the State of Minnesota. She notes that she will be performing all of the duties of a professional salon and it will be a one - person operation located in the lower level (basement) of the home. Customers will be seen on an appointment only basis and she proposes hours of operation to be Tuesday through Friday from 9:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 5:00 p.m. Ms. Thomas notes that there is adequate parking on site in her two car driveway and also points out safety measures in the home such as a fire extinguisher, egress window, and a smoke detector on each level of the home. It was noted that the Building Official will be reviewing the property for various recommendations that may need to be made. The home was recently constructed and it is not anticipated that there will be problems associated with this home occupation. These matters are subject to permit and inspection by the City. Mr. Warren advised that staff sees this proposal as being a relatively low -level home occupation in terms of beauty shop operations and should not cause problems in the immediate neighborhood if it is conducted in the manner outlined by the applicant (appointment -only basis and all parking be off street in the applicant's driveway). The hours proposed do not seem to be excessive and the level of activity should be within the range of other beauty shop home occupations approved by the City Council in the past. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to the neighboring property owners. Mr. Warren recommended approval of Application No. 2000 -001, subject to additional conditions 1 -6 as outlined in the staff report. Chair Willson called for questions /discussion from the Commissioners. Commissioner Boeck asked if the applicant is aware that there are some restrictions on signage for home occupations. Mr. Warren advised that one sign related to the home occupation is allowed but limited to no more than 2.5 feet in area with a sign permit. Commissioner Reem asked how long the permit is valid. Mr. Warren stated if the operation abides by the City's Code, no further approvals are required, however, the State of Minnesota may have on- going inspections with their license. Commissioner Reem asked if a separate entrance to the business is required. Mr. Warren stated he was not aware of this as a requirement, however, emergency egress is something the Building 01 -13 -00 3 Official typically looks for. Having a separate entrance for beauty shop patrons may be a State requirement. PUBLIC HEARING - APPLICATION NO. 2000 -001 There was a motion by Commissioner Erdmann, seconded by Commissioner Rahn, to open the public hearing on Application No. 2000 -001, at 7:52 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Denita Thomas, 401 Bellvue Lane, introduced herself as the applicant and advised that the home has a front entrance near the basement steps so patrons will enter at that point. She stated that this is a split -level home and it is only five to six steps to the basement location. Commissioner Newman inquired regarding the chemicals that will be used. Ms. Thomas explained that a State license is required and those chemicals are approved by them. Commissioner Erdmann asked how many clients are expected each week. Ms. Thomas stated she is just starting in this business and really had no estimate at this time. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -001. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to close the public hearing on Application 2000 -001 at 7:55 p.m. The motion passed unanimously The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2000 -001 - DENITA THOMAS There was a motion by Commissioner Reem, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 2000 -001, submitted by Denita Thomas for a Special Use Permit to conduct a home occupation involving beauty services and to operate a beauty shop in the basement of her home at 401 Bellvue Lane, subject to the following conditions: 1. The special use permit is granted only for a home beauty shop with a single operator. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All parking associated with this home occupation shall be off street on improved space provided by the applicant. 01 -13 -00 4 4. The hours of operation shall be between the hours of 9:00 a.m. and 6:00 p.m., Tuesday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. Customers shall be served on an appointment -only basis. 5. The applicant shall comply with recommendations of the Building Official with respect to safety related matters and obtain the necessary permits for alterations made to the property. 6. A current copy of the applicant's State license shall be submitted to the City prior to the issuance of the special use permit related to this application. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its January 24, 2000 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEMS A. AN ORDINANCE AMENDING CHAPTER 35 RELATING TO EROSION CONTROL AND FLOOD PLAIN REGULATIONS. Mr Warren explained that the two discussion items relate to ordinance amendments to Chapter 35 (Zoning Ordinance) of the City ordinances. Because these matters are ordinances amending the zoning ordinance, Planning Commission review and comment is required. Both ordinances were offered for first reading by the City Council on January 10, 2000, and are subject to public hearings at subsequent City Council meetings. Mr. Warren explained that an ordinance amending Chapter 35 regarding erosion control is housekeeping in nature and relates to establishing erosion control and flood plain regulation which will adopt a required erosion control ordinance for the City. He noted that the City is in the process of adopting a new Comprehensive Plan, a portion of which contains a plan for surface water management. The plan requires erosion control mechanisms and standards that meet a Minnesota Pollution Control Agency (PCA) publication entitled, Protecting Water Quality in Urban Areas: Best Management Practices for Minnesota Also required are a number of housekeeping changes relating to flood plain management. Commissioner Boeck stated he does not think a five -day period of time to complete restoration of ground cover is reasonable and suggested other wording to allow a longer period of time or to indicate that the provisions of item 2 shall continue. He noted that in most projects a silt fence will also be required. Upon inquiry by Commissioner Erdmann, Mr. Warren read the ordinance definition for "flood fringe" and "floodway." Mr. Warren explained that a wetland is an area defined by the vegetation and the boundaries are delineated. Those areas cannot be filled without a 2:1 mitigation. 01 -13 -00 5 Mr. Warren explained that submission of an erosion control plan will now be required as part of the PUD, building, and site plan processes. It also indicates the City will not vary from the plans required by the watershed, state, and federal storm water erosion control and wetland requirements. He noted that the project will not move forward until it receives City Engineer approval of those issues. Commissioner Boeck stated his support to require the developer to have a bond with the City to assure timely completion and maintenance of the project. Mr. Warren explained that if they don't complete required maintenance, this agreement will give the City the right to enter the property, conduct necessary maintenance, and charge the cost back to the property owner. A bond would be required in cases of multiple residential, commercial, and industrial projects. The subdivision agreement would address residential types of projects. Commissioner Newman asked about special uses that would be allowed in the floodway. Mr. Warren noted the permitted uses that could be allowed in a floodway in various zoning districts, none of which included structures. He then advised of structures that could be considered as special uses in the floodway. Mr. Warren recommended any wording revisions be cited and a recommendation be made for Council consideration. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend approval of an Ordinance Amending Chapter 35 Relating to Erosion Control and Flood Plain Regulations with the following language revision: Section 35 -2230, subd. 3: Every effort shall be made to minimize disturbance of existing ground cover. To minimize the erosion potential of exposed areas, restoration of ground cover shall be provided within five (5) days after completion of the grading operation and in no event shall erosion control devices be removed until ground cover is established Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. B. AN ORDINANCE AMENDING CHAPTER 35 DESIGNATING TEMPORARY CLASSROOMS AS INTERIM USE IN R -1 DISTRICTS. Mr. Warren explained that an ordinance amending Chapter 35 of the City Ordinances designating temporary classrooms as interim uses in the R -1 district also needs to be considered. This ordinance amendment has been recommended by the City Attorney in response to the City Council's consideration of temporary classrooms at the Earle Brown Elementary School. The Planning Commission had recommended that the School District be allowed to construct a temporary classroom at Earle Brown Elementary subject to conditions that were recommended at the December 2, 1999, Planning Commission meeting. Mr. Warren explained that the City Attorney has advised that the best way to deal with the otherwise unauthorized building is for the City to adopt an 01 -13 -00 6 amendment to the City's zoning ordinance to allow for interim uses in the R -1 zoning district. He presented the proposed amendment, noting it is drafted to pertain to classrooms. Mr. Warren explained the Council directed the City Attorney to prepare an agreement between the City and the School District which would allow the facility to go forward, at the School District's own risk, while the City considers an ordinance amendment which could allow temporary classrooms as interim uses and establish a procedure for considering such facilities. That agreement was approved at the last Council meeting. Mr. Warren noted the requirement to identify a date specific or event that can be identified at which time the use is to be terminated, which would include the removal of the building. It also allows the City Council to impose any conditions on the interim use needed to protect public health, safety, or welfare as listed in the ordinance. Upon inquiry by Commissioner Rahn, Mr. Warren explained that the applicant could reapply for a longer time period. However, realistically, court involvement would probably be needed to require removal of the building if the property owner is in disagreement. Commissioner Boeck noted that in this particular case, the School District is leasing the structure and has indicated their intention to construct a permanent facility. He recommended a wording addition to Section 1, 3.a.2. to require removal of the structure from the site. Commissioner Newman asked if this ordinance would apply to the School District request for a temporary structure. Mr. Warren advised that it would and the agreement also notes that if the City does not adopt an ordinance permitting temporary classrooms on an interim basis by April 30, 2000, the School District will remove the temporary buildings no later than August 31, 2000. Commissioner Rahn noted the Planning Commission's recommendation also included the requirement for removal upon reduced enrollment. Mr. Warren explained that when the Council considered this issue, the School District asked the Council to not include a reduced enrollment restriction but, rather, to address their programming needs. Chair Willson noted that the financial incentive for removal of a leased structure is reduced if the school were to receive a grant to cover that cost. However, the ordinance does specifically identify the structure must be used for classroom space. Commissioner Reem asked if another organization, such as a church group, could make use of the structure. Mr. Warren read the language being proposed and advised that the building could only be used by the school. Commissioner Rahn asked if a private or charter school operated from a home could make a similar request for a temporary structure to be used as a classroom. Mr. Warren stated if the school is in an R -1 zone and an accredited school, etc., he believes such a request could be made. There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to recommend approval of an Ordinance Amending Chapter 35 Designating Temporary Classrooms as Interim Use in R -1 Districts with the following language revision: 01 -13 -00 7 Section 1, 3.a.2.: "At the time of granting such a permit the council shall specify a date or event that can be identified with certainty by which the interim use must be terminated and the structure (s) shall be removed from the site Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. OTHER BUSINESS Mr. Warren advised that notice has been posted that the Planning Commission will hold a public hearing on the Comprehensive Plan update at its next meeting. about the inability o access the MTC regional bus stop Commissioner Reem raised concern Y g p on Xerxes Avenue due to the snowbanks. Concern was also expressed that this temporary bus stop may p p �' become a permanent long -term use. 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 9:10 p.m. Chair Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. 01 -13 -00 8