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HomeMy WebLinkAbout1998 04-16 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 MEETING APRIL 16, 1998 CALL TO ORDER The Planning Commission met in a regular meeting called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Edward Nelson, Rex Newman, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. APPROVAL OF MINUTES - MARCH 26. 1998 There was a motion by Commissioner Nelson, seconded by Commissioner Boeck, to approve the minutes of the March 26, 1998 meeting as submitted. The motion passed unanimously, with Commissioners Erdmann and Newman abstaining. C'HAIR'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. Mr. Warren announced that Commissioner Brian Walker resigned from the Planning Commission effective March 26, 1998, because of a recent employment promotion. Chair Willson requested that Mr. Warren formally notify the Mayor that a vacancy exists for the remainder of Mr. Walker's term which expires December 31, 1998. CHURCH AND SCHOOL USES IN COMMERCIAL AND INDUSTRIAL ZONES Chair Willson introduced the discussion on Interim Ordinance 97 -11. Mr. Warren reviewed the background to the interim ordinance adopted in 1997 regarding educational and religious uses in a specific commercial and industrial area of the city. It had been determined that the current land use controls do not adequately address educational and religious uses in the subject area. Mr. Warren described the location of the specific area to which the ordinance applies and noted it could be considered the City's commercial and industrial core. During the effective period of the ordinance, no property within the area may receive any site plan, rezoning or license approvals, nor be developed, redeveloped, divided, consolidated, platted or replatted, nor can any special use or building permits be issued for any educational or religious uses. Mr. Warren noted that at least two projects were affected by the interim ordinance. The interim ordinance expires on October 4, 1998. 4 -16 -98 1 During discussion, Mr. Warren responded to questions from the Commissioners. Issues discussed included use of land with respect to jobs and growth of the city, definitions of "educational use" and "religious use," and purposes of zoning. Mr. Warren cautioned that decisions relating to these uses be based on zoning characteristics not on the use's tax exempt or non -tax exempt status. The Commissioners agreed that the staff should develop ordinance language based on the discussion that will include distinct definitions of educational and religious uses in order that the concerns of the City Council regarding land use for these purposes may be addressed and clarified. The amended ordinance will be considered by the Commission at a future meeting for action. USES ABUTTING OPEN SPACE ZONES Mr. Warren referred to a draft memorandum dated 04 -16 -98 from the Commission to the Mayor and Council with respect to uses abutting open space zones. The Council had requested that the Commission review the appropriateness of certain land uses abutting open space zoning districts within the City. The Planning Commission had reviewed and discussed this matter at its meeting on February 11 th and had directed the preparation of the memo in response to the Council's request. The commissioners reviewed the memorandum, made minor editorial changes, and unanimously reaffirmed the provisions of the current zoning ordinance regulating uses abutting open spaces, as outlined in the memorandum. There was a motion by Commissioner Nelson, seconded by Commissioner Reem, to approve the memorandum with the modification, authorize the Chair to sign the modified document on their behalf, and forward it to the Council. The motion passed unanimously. OTHER BUSINESS The next meeting of the Planning Commission is scheduled for Thursday, April 30, 1998. Mr. Warren responded to questions regarding various activities in the city including maintenance /repair work at an automobile dealership, fire and police building plans, pending renovation/development plans at various malls /shopping areas, temporary garden centers, and dumpsters. He also briefly commented on future meeting agenda items. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:10 P.M. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 4 -16 -98 2 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Planning Advisory Commission DATE: April 16, 1998 SUBJECT: Uses Abutting Open Space Zones You have requested the Planning Commission to review the appropriateness of certain land uses abutting open space zoning districts within the City of Brooklyn Center. This question came about when the Pep Boys, Inc. proposal to locate in the Brookdale Square Shopping Center came before the City Council. The Pep Boys use involved a retail auto parts business that included an automobile service and repair operation. Originally, it was believed that the zoning ordinance would not allow the auto repair /service operation because it was to be located across Shingle ri that was thought t to be zoned R -1. Creek reenst Creek Parkway from the City owned Shingle C g p g Further review of the land use designation showed that the property in question, and a larger area as well, were actually located in an 0-1 (Public Open Space) zoning district and the project was allowed to proceed because no prohibited abutment existed. air and The question now before the Planning Commission is whether uses such as auto repair service and possibly other uses not allowed to abut or be adjacent to certain residential zones, should be prohibited from abutting open space zones. Zoning in general is an attempt to regulate the use and development of land by dividing a community into various districts containing compatible uses and to separate incompatible uses from each other. Our zoning ordinance divides the community into four general categories of zonin g districts; residential commercial, industrial and open space. We have two open space permitted zoning districts; the 0-1 (Public Open Space District), which allows a s erne uses p p parks, playgrounds, athletic fields and other recreational uses of a non - commercial nature and accessory uses incidental to these principal uses. The 0-2 (Public and Private Open Space District) allows as permitted uses public parks, playgrounds, athletic fields and other recreational uses of a non - commercial nature and commercial recreational facilities of a semi -open nature, such as golf courses and golf driving ranges. Accessory uses incidental to these principal uses are also allowed. Open spaces are lands that are largely free of man made structures and are often used for protecting rotectin areas unsuited for other forms of urban development, such as environmentally sensitive areas like wetlands and flood plains. Open space areas are also used for providing a buffer or transitional area between incompatible land uses such as a separation between Y residential areas and incompatible commercial or industrial areas. Open spaces have also been used to screen one use from another. In Brooklyn Center's case, the open space zoning designations have been used for all of the above mentioned purposes and our open space zones abut almost all types of residential, commercial and industrial zoning districts. The Planning Commission does not believe that the open space zoning districts need extraordinary protection from abutting commercial and industrial areas and the uses contained in them. In many cases, the open space zoning district serves as a buffer or transitional area between the more sensitive residential areas and the more intense commercial or industrial areas. Although open space areas could include some environmentally sensitive areas, they generally do not need to be protected from other land uses other than through the various environmental regulations established. The noise and vibration for instance that comes from an auto repair operation should not cause a detrimental impact on open space zones and, therefore, does not need to be prevented from abutting such uses. The Planning Commission unanimously recommends no changes be made to the zoning ordinance at this time that would require extraordinary separation or buffering beyond what is required currently in the zoning ordinance. This position, for the most part, is based on the fact that our open space zones serve as either a buffer between sensitive and intense zones or as a protector of park and open space areas. We hope this memo addresses the City Council's inquiry in an appropriate manner. Respectfully, h t Tim Willson, Planning Commission Chair CC: Michael McCauley, City Manager