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HomeMy WebLinkAbout1998 09-24 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 SEPTEMBER 24, 1998 CALL TO ORDER The Planning Commission met in a study session called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, Edward Nelson, Sean Rahn, 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. Commissioner Rex Newman was excused and Commissioner Graydon Boeck was absent. Mayor Myrna Kragness entered the meeting at 9:05 p.m. APPROVAL OF MINUTES - SEPTEMBER 10 1998 There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to approve the minutes of the September 10, 1998 meeting as submitted. The motion passed unanimously. Commissioner Erdmann abstained. 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. AN ORDINANCE AMENDING CHAPTER 35 REGARDING CHURCH AND EDUCATIONAL USES Chair Willson introduced Discussion Item a. "An ordinance amending Chapter 35 regarding church and educational uses." He called on Mr. Warren for his comments on the draft amendment circulated to the Commissioners. Mr. Warren reviewed the background to the proposed amendment to Chapter 35 of the City Ordinances. In September 1997, the Council established a 12 -month moratorium on development of educational and religious uses in certain commercial and industrial areas of the City in order to re- consider the adequacy of existing controls for such developments. The moratorium expires in October 1998. The issue was initially considered by the Planning Commission in September 1997. The matter was also reviewed by the Commission in April, 1998, at which time it was agreed that clarification of the terms: "educational" and " religious" was necessary. 9 -24 -98 1 Mr. Warren reviewed and discussed with the Commissioners the recommended changes to: Section 35-314 R5 Multiple Family Residence District adds a Special Uses subsection to allow public and private elementary and secondary schools under certain conditions; Section 35 -320 - Cl Service / Office District, adds clarifying religious use language in subsection Le, and adds paragraph 3.d. to allow educational uses excluding public and private elementary and secondary schools; and Section 35 -222 - C2 Commerce District, adds cross - reference language and adds language clarifying educational uses. Mr. Warren noted a minor deletion to the added cross - reference proposed. During discussion, inclusion of "K -12" to further clarify "educational" was recommended and agreed upon. An added phrase, "but not limited to" was proposed and agreed upon to the "religious uses" clarifying language. The Commissioners reiterated its view that it is improper to regulate development of tax exempt operations through zoning. After considering the appropriateness of mixing educational and religious uses in commercial/industrial areas, it was agreed that the building permit process provides safeguards and standards for suitability of such combinations. Mindful of avoiding impediments to expansion, the commissioners discussed options under which a church (religious use) could add a school (educational use) to its operations. ACTION TO RECOMMEND ADOPTION OF ORDINANCE TO AMEND CHAPTER 35 OF THE CITY ORDINANCES REGARDING CHURCH AND EDUCATIONAL USES There was a motion by Commissioner Nelson, seconded by Commissioner Erdmann, to recommend to the Council that it adopt "An ordinance amending Chapter 35 of the City Ordinances regarding church and educational uses" as amended by the Commissioners. (A copy of the ordinance agreed upon by the Commissioners is made a part of these minutes by attachment.) Voting in favor: Chair Willson, Commissioners Erdmann, Nelson, Rahn, and Reem. The motion passed unanimously. The Council will consider the recommendation at its Monday, September 28, 1998 meeting. DISTANCE SEPARATIONS BETWEEN PAWN SHOPS AND OTHER USES Chair Willson introduced discussion item b: "distance separations between pawn shops and other uses." and called on Mr. Warren for his comments. Mr. Warren reviewed the status of the Council's current development of pawn shop /second hand goods licensing regulations. The Commission is requested to consider whether such operations should be separated by a certain distance from other uses based on zoning requirements. During discussion, the Commissions concluded and agreed that distance separation in this instance does not fall within zoning requirements, but rather is a licensing issue. It was noted that ordinances 9 -24 -98 2 are not designed to regulate "people" (i.e. customers) who may wish to use a facility and cautioned against the appearance of providing "exclusionary" operations. The Commissioners declined to recommend any zoning changes to accommodate distance separation in this instance, supported the 300' distance separation of pawn shops from schools and day care operations as a licensing requirement, and suggested the Council may also wish to consider such separation from off -sale liquor establishments, half -way houses, and theaters. There was a motion by Commissioner Reem, seconded by Commissioner Erdmann, to directed Mr. Warren to convey the Commissions' conclusions regarding this matter to the City Council. The motion passed unanimously. FUTURE MEETING DATES The next meeting of the Planning Commission is scheduled for Thursday, October 15, 1998. Mr. Warren briefly reviewed the agenda items for that meeting. A joint meeting with the City Council is scheduled for Thursday, December 17, 1998. ADJOURNMENT There was a motion by Commissioner Rahn, seconded by Commissioner Nelson, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:15 p.m. r' Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. 9 -24 -98 3