HomeMy WebLinkAbout2000 01-13 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
JANUARY 13, 2000
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call 1999 Planning Commission
3. Approval of Minutes - December 2, 1999
4. Adjourn 1999 Planning Commission
5. Administer Oath of Office: Stephen Erdmann, Rex Newman, John Whitehead
6. Call to Order: 2000 Planning Commission
7. Roll Call 2000 Planning Commission
8. Election of 2000 Chair
9. Election of 2000 Chair Pro Tem
10. Chairperson's Explanation
The Planning Commission is 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.
11. Denita Thomas 0000/
Request for Special Use Permit approval to conduct a home occupation involving
beauty services at 401 Bellvue Lane.
12. Discussion Items:
a. An Ordinance Amending Chapter 35 Relating to Erosion Control and Flood
Plain Regulations.
b. An Ordinance Amending Chapter 35 Designating Temporary Classrooms as
Interim Use in R -1 Districts.
13. Other Business
14. Adjournment
Application Filed On 12 -29 -99
City Council Action Should Be
Taken By 2 -27 -00 (60 Days)
Planning Commission Information Sheet
Application No. 00001
Applicant: Denita Thomas
Location: 401 Bellvue Lane
Request: Special Use Permit
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. It is bounded-on the north by Bellvue Lane and 4th Street North; on the east by
1 -94 right -of -way; on the south by the 53rd Avenue North green way; and on the west by single
family homes. 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.
The applicant has submitted a letter (attached) in which she describes the proposed home
occupation. She notes 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 such as hair washing, blow drying, and styling of hair. The
operation will be a one person operation and will be 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 drive way 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.
The biggest concern with any proposed home occupation involving beauty or barber services is
that it be done on an appointment only basis, rather than trying to attract walk in customer traffic.
This way, on street parking can be avoided and the traffic coming and going to the operation can
be held to a minimum, thus, not causing an inconvenience to surrounding properties. As
mentioned previously, the applicant plans to take appointments only and appears to have a large
enough drive way that customers can park there without having to park their vehicles on the
street.
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. There, in all likelihood, will be a need for some
01 -13 -00
Page 1
I I
construction or plumbing work associated with the shop license that will need to be issued by the
State of Minnesota. These matters are sub to permit and inspection b the City.
J p p Y . Y
All in all, we see this proposal as being a relatively low level home occupation in terms of beauty
shop operations. 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.
Again, it appears that this home occupation will be very low key and should not cause problems
in the immediate neighborhood if it is conducted in the manner outlined by the applicant, namely
that customers be seen on an appointment only basis and all parking associated with the home
occupation be off street in the applicant's drive way. Therefore, we would recommend approval
of this special use permit, subject to at least 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.
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 Y
.m. on Saturday. Customers shall be served on
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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.
01 -13 -00
Page 2
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• MEMORANDUM
TO: Planning Commission Members
FROM: Ronald A. Warren Plannin g Commission Seca
C3
DATE: January 11, 2000
SUBJECT: Discussion Items
On the Planning Commission's January 13, 2000, agenda are two discussion items relating 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.
An ordinance amending Chapter 35 relating to erosion control and flood plan regulations is
generally a housekeeping ordinance which will adopt a required erosion control ordinance for the
• City. 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,
Protectinia Water Quality in Urban Areas: Best Management Practices for Minnesota Also
required are a number of housekeeping changes relating to flood plain management.
The City of Brooklyn Center, as part of its Comprehensive Plan, is committed to adopting an
appropriate erosion control ordinance as part of its surface water management plan and has so
agreed to do so with the Metropolitan Council. The attached ordinance is the sum and substance
of a grading and erosion control plan that is consistent with the PCA best management practices
handbook.
An ordinance amending Chapter 35 of the City Ordinances designating temporary classrooms as
interim uses in the R -1 district is also on the January 13th agenda. 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 has
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. The City Attorney has advised that the best way to deal with the
otherwise unauthorized building is for the City to adopt an amendment to the City's zoning
ordinance to allow for temporary uses
•
January 11, 2000 •
Planning Commission
Page 2
as interim uses in the R -1 zoning district. An agreement is to be reached between the City and
the School District which would allow the facility to go forward while the City considers an
ordinance amendment which could allow temporary classrooms as interim uses and establish a
procedure for considering such facilities.
In the meantime, the City will issue building permits and allow the construction to go forward at
the School District's own risk while such ordinance amendment is being considered. The
agreement 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. The recommended ordinance establishes a section entitled "Interim
Uses" which would allow temporary classroom uses as accessory use to a public or private
elementary school subject to various procedures and conditions listed in the ordinance. The
"Interim Use" permits would be subject to the same procedures and conditions contained in
Section 35 -220 relating to Special Uses. It would require the City Council to ultimately specify a
date or event that can be identified with certainty as a time when the interim use must be
terminated. It also allows the City Council to impose anIy conditions on the interim use to protect .
public health, safety or welfare as listed in the ordinance.
This ordinance amendment was offered for City Council consideration on January 10, 2000, and
the Planning Commission should review and comment on the proposal prior to the City
Council's public hearing on the matter.
I will be prepared to discuss these ordinance amendments in more detail and answer Commission
questions at the January 13, 2000, meeting.
•
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 24th day of January, 2000, at
7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance relating to erosion control and floodplain regulations.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF
ORDINANCES RELATING TO EROSION CONTROL AND FLOODPLAIN
REGULATIONS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. The following sections are hereby added to the Brooklyn.Center
Code of Ordinances:
• Section 35 -2230. GRADING AND EROSION CONTROL PLAN.
1. A satisfactory erosion control and grading plan consistent with the Minnesota
Pollution Control Agency's Best Management Practices Handbook must be
approved by the City Engineer before a grading or building permit is issued for
construction, if the construction will result in disturbing the soil.
2. The grading and erosion control plan must provide foot contour lines with
spot elevations of proposed es in relation to existing es on the subject
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property and adjacent land. Also, location and type of erosion control devices
shall be clearly labeled.
3. Every effort shall be made to minimise 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.
4. Every effort shall be made during the building permit application process to
determine the full extent of erosion control required. However, the City Engineer
may require additional controls to correct specific site related problems as normal
inspections are performed.
5. All erosion control noted on the approved plan shall be installed prior to the
initiation of any site grading or construction. Noncompliance with the grading
and erosion control plan shall constitute grounds for an order from the City to
halt all construction.
6. All grading and construction activity that results in disturbance of the ground
shall comply with Minnesota Pollution Control Agency's Best Management
Practices.
Section 35-2150 (5) (g). If fill is placed or there is encroachment of any kind
in the flood fringe, compensatory storage of equal or greater volume than the
encroachment upon the flood fringe must be provided within the flood plain.
This encroachment shall not create any surcharge, nor shall it create hazardous
velocities.
Section 2. The following sections of the Brooklyn Center Code of Ordinances
are hereby amended as follows:
Section 35 -230 (2).0) (VI). Existing and proposed land elevations, drainage
provisions, t= grary and permanent erosion control provisions. and utility
provisions as may be required. .
Section 35 -355 (4) (e). The uniqueness of each PUD requires that specifications
and standards for streets, utilities, public facilities and the approval of land
subdivision may be subject to modifications from the City Ordinances generally
governing them. The City Council may, therefore, approve streets, utilities, ,
public facilities and land subdivisions which are not in compliance with usual
specifications or ordinance requirements where it is found that such are not,-,-,
required in the interests of the residents or of the City except• that these
subdivisions and plans must be in conformance with all watershed. state. and
federal storm water, erosion control, and wetlands renuirements
Section 35 -355 (5) (a) (3). A grading pl ait, including temnorary and permanent
erosion control provisions
Section 35-410 (5). On developments of sufficient magnitude so as to require
on -site water main -or; sewer main storm sewer. or storm drainage facilities
construction, plans for such faeilities utilities shall be designed by and installed.
under the supervision of a civil engineer registered in the State of Minnesota and
shall be submitted to and-approved by the City Engineer. In cases where on-site
water or sewer-num util ities construction is required, the land owner or
developer shall enter into a water and sewer nu4n and fire hydrant utilities
maintenance and inspection agreement with the City, which agreement shall grant
the City the right to enter the development to accomplish maintenance,
inspections or repairs that are in the public interest.
Section 35-411 (5). On developments of sufficient magnitude so as to require •
on -site water main -or. sewer main storm sewer. or storm drainage facilities
construction, plans for such €aerk#les utilities shall be designed by and installed
under the supervision of a civil engineer registered in the State of Minnesota and
shall be submitted to and approved by the City Engineer. In cases where on -site
water or sewer utilities construction is required, the land owner or
developer shall enter into a water and s rA fire hydr utilities
maintenance and inspection agreement with the City, which agreement shall grant
the City the right to enter the development to accomplish maintenance,
inspections or repairs that are in the public interest.
Section 35-412 (5). On developments of sufficient magnitude so as to require
on -site water main -er, sewer maid, storm sewer, or storm drainage facilities
construction, plans for such fames utilities shall be designed by and installed
under the supervision of a civil engineer registered in the State of Minnesota and
shall be submitted to and approved by the City Engineer. In cases where on -site
water or sewer utilities construction is required,. the_ land owner or
developer shall enter into a water mid s nd fire hy utilities
maintenance and inspection agreement with the City, which agreement shall grant
the City the right to enter the development to accomplish maintenance,
inspections or repairs that are in the public interest.
Section 35 -413 (13). On developments of sufficient magnitude so as to require
- on-site water main-et,- sewer m aid storm sewer. or storm drainage facilities
construction, plans for such fames utilities shall be designed by and installed
• under the supervision of a civil engineer registered in the State of Minnesota and
shall be submitted to and approved by the City Engineer. In cases where on -site
water or sewer m utilities construction is required, the land owner or
developer shall enter into a water and s nd fire hy utilitie
maintenance and inspection agreement with the City, which agreement shall grant
the City the right to enter the development to accomplish maintenance,
inspections or repairs that are in the public interest.
Section 35 -2140 (4) (a). All Uses. No structure (temporary or permanent), fill
(including fill for roads and levees), deposit, obstruction, storage of materials, or
equipment, or other uses may be allowed as a Special Use that will cause any
increase in the stage of the 100 -year or regional flood or my obstruction of flood
flows or increase in flow velocit„L or cause an increase in flood damages in the
reach or reaches affected.
2
to the floodwa necessary to cone or store
Section 35 -2160 Compute () (b) (3 ) p Y azY Y
the regional flood widwut inereasing good stages more than 0.5 feet. A le i ,
An equal degree of
encroachment on both sides of the stream within the reach shall be assumed in
computing floodway boundaries.
•
Section 3. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 2000.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.)
•
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of February, 2000, at
7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek
Parkway, to consider an amendment to Section 3 5-3 10 of the City's zoning code regarding the
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construction of temporary classrooms in R 1 districts.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City lerk at 569 -3300 to make
ty arrang ements.
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 35 -310 OF THE BROOKLYN
CENTER CODE - OF ORDINANCES, DESIGNATING TEMPORARY
CLASSROOMS AS INTERIM USES IN R -1 DISTRICTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 35 -310 of the City Ordinances of the City of Brooklyn Center is
hereby amended by adding the following:
I Interim Uses
a.. J= = classroom buildings as an accessory use to a public or private
elementary or secondary school offering a regular course of stud
accredited by the Minnesota Department of Children; Families and
Learning. subject to the following_pmcedures and conditions:
L Interim use permits will be issued in accordance with the
procedures and subject to the conditions stated in Section 35 -220.
_ 2. At the time of gating such a permit the council shall specify
date or event that can be identified with certainty by which the
interim use must be terminated. In my event, however. such
interim use shall not continue beyond my date when the council,
or any other governmental body having the power of eminent
domain adopts a resolution approvinggcquisition of the prop=jy
by eminent domain. or the zoning of the property is changed to
any classification under which the interim use is no longer
permitted,
• I The council may impose Y conditions on such interim use
which it deems necessary or Medient to protect the un blic
health, safety or welfare or to assure that permission for the
interim use will not impose additional costs on the public if it is
ORDINANCE NO. •
necessary or expedient to take the p=cW_in the future= No such
permit shall be issued unless the applicant first agrees in writing
J the =osition of any such conditions.
4 In addition to any other conditions which ma be ' by the
council, the following restrictions shall apply::
a�a Applicable lot standards and simi regulations shall be
observed,
bb. A landscape and parking plan for the p=p= shall be
submitted and approved by the council.
cam. Unless approved by the council pura= to this section
and section 35 -220, no new buildings mv be erected on
the =roppa and no existing buildings may be expanded
while the interim use continues. •
dd. Temno�ra classrooms may be used for classrooms only
and may not be used for storage or converted to another
gg The total square footage of temporary classrooms on any
one site shall not exceed 2000 square feet.
Section 2. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of 2 2000.
Mayor
ATTEST:
City Clerk
Date of Publication
•
Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
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
DECEMBER 2, 1999
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:30 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 - NOVEMBER 10, 1999
There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve
the minutes of the November 10, 1999 meeting as submitted. The motion passed with
Commissioner Rahn abstaining due to his absence at that meeting.
. 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
A BROOKLYN CENTER SCHOOL DISTRICT - TEMPORARY CLASSROOMS
Mr. Warren presented the school district's request by advising of discussions held between City and
school district staff. He explained they are experiencing a situation where enrollments at the Earle
Brown Elementary School have increased to the point that they have space needs. Thus, the request
for a 30'x 60' temporary metal portable classroom addition.
Mr. Warren advised that the issue of temporary classrooms was raised 15 to 16 years ago with the
Anoka School District, though, perhaps, not as desperate a situation. He explained that the City's
reluctant position with respect to temporary buildings is due to the possible need to waive Building
Code requirements and based on past experience that the temporary building may become a long-
term use. Mr. Warren stated that due to the past negative experience with a commercial use
temporary building, staff is extremely cautious. He explained that the school is over full, has a
desperate need for a building addition, and would like to construct a temporary building after the first
of the year to accommodate their current enrollment. They have indicated this would not be a
• permanent solution to the capacity problem but they are, as yet, unable to indicate how long the
12 -02 -99 1
facility would be in use. Mr. Warren explained that the capacity increased due to turnover of home
ownership in the southern portion of the City and also open enrollment students.
Mr. Warren used an overhead diagram to identify the subject property and surrounding roadways.
He then presented the proposed site plan, noting the location of the existing school building, parking
lot, bus loading area, playground, and proposed location for the portable metal building. The
portable building would be placed on some type of foundation and have a corridor (about 20 feet
long) connecting it to the school.
Steve Anderson, Director of Facilities for the Brooklyn Center School District, stated that the
connecting corridor is 20 feet long which meets the State separation requirement between structures.
He advised that the site plan being reviewed was prepared by their architect. Mr. Anderson noted
the location of a grade difference that will need to be addressed in the proposed site. Also, it is
located in the middle of the playground area which would allow access by children using the
playground. Mr. Anderson_ pointed out another location where the portable classroom could be
placed which is farther off the playground and out of the high - traffic area. He advised that this
optional location also meets the 20 foot separation setback.
Mr. Anderson presented a scaled drawing depicting the hitch end and rear end elevations. He
reviewed the materials list and typical floor plan being considered. He advised of the various
exterior treatments that could be considered including aluminum and wood siding.
In response to Chair Willson, Mr. Anderson explained the need to meet handicapped accessibility •
requirements and provide a direct access connection between the portable classroom and school.
Mr. Warren stated the City's position with respect to this type of facility has not been favorable but
they do realize the School District's concern and need. He asked the Planning Commission to
consider moving this proposal forward by making a recommendation to the City Council that they
and the School District reach an agreement on how this portable building could be added to the
school on a temporary basis. He noted this would'provide the School District with the ability to then
address options for a more permanent solution. Mr. Warren cautioned that in other areas of the
Metropolitan area, "temporary" structures have been in place for more than 20 years. He stated this
is the City's main concern and there needs to be a clear understanding this is a temporary use and
an end date would need to be established at which time a permanent structure expansion would take
place. Mr. Warren stated that in well over 25 years, the City has never authorized a metal temporary
building. He agreed that this is a unique situation and the City wants to be cooperative. He stated
that he does not anticipate there would be additional requests of this type but the City would not want
a precedent established that allowed major retailers, for instance, to request temporary buildings for
storage, etc.
Chair Willson asked if the Planning Commission is being asked to consider an agreement between
the City and School District with the conditions and terms clearly identified. Mr. Warren stated he
is asking the Planning Commission consider a special exception to recommend the school district
not be required to follow the formal process for a site and building plan, and special use permit,
possibly with conditions to assure the protection of both parties.
12 -02 -99 2
Commissioner Newman asked if the Earle Brown Elementary School site is such that it could
• accommodate a permanent building addition and setback requirements, should funding be allocated.
Mr. Warren stated his understanding that there are State standards as well that relate to open space
and setbacks. Currently, this site does not meet that standard. Mr. Warren stated there has been
preliminary discussion about the possibility of, perhaps, vacating Humboldt Avenue between 59th
and 60th Avenues to create more of a campus setting. He stated that while this has not been
researched in depth, staff has indicated a willingness to look at it further if it allows the school
district to construct a permanent building addition that would meet their needs.
Commissioner Boeck asked if the School District, in the past, sent students to schools in adjacent
school districts. Mr. Anderson stated the only time that was done was in 1967 and 1968 after a
structure fire at the elementary school.
Commissioner Boeck asked if they have investigated every alternative to this situation. Mr.
Anderson stated that he believes they have but have not looked, in depth, at sending students to an
adjacent school district.
Cheryl Jechorek, School Board Chairperson, stated there is only one elementary school and one high
school within the District. She explained they are unable to bus students to a different school within
their district because there are no other schools. She stated they do look at enrollment data closely
but due to immigration in the southeast corner of the City their students that use English as a second
language have increased to 180 immigrant students in the last four years, so more space is needed.
• She stated they would like to use the portable classroom flexibly so it can be used all day.
In response to Commissioner Boeck, Mr. Anderson stated the portable classroom can accommodate
two classrooms, or 60 students.
Ms. Jechorek stated they have closed open enrollment except if a sibling is already attending. She
advised that there are currently 90 open enrolled students and they have decided to not make them
leave if they are already students.
Commissioner Whitehead asked if the portable classroom would be used as a multi- purpose
structure. Mr. Anderson stated it could accommodate special needs or other types of class use. He
explained that in the current structure, some classrooms are not of adequate square footage.
Commissioner Whitehead asked if Brooklyn Center utilizes the Osseo schools as well. Ms. Jechorek
explained that there are four school districts within Brooklyn Center and they currently do not utilize
other School District facilities.
Commissioner Whitehead asked if ro'ections may necessitate another portable classroom.
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Ms. Jill Schwint, Brooklyn Center School District, stated they did not anticipate a need for additional
portable classrooms. She explained that the kindergarten classrooms are used all day long and if they
didn't have that, they would not need six to seven kindergarten rooms. She stated the school
• received State funding to reduce classroom size but, currently, the test scores are not as high as they
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desire so they added classroom teachers rather than classrooms. Ms. Schwint reported on the multi- •
use of classrooms while teaching is going on. She advised they are already using the next door
church and hope to purchase the liquor store building on 69th and Humboldt Avenues and convert
it for use with early childhood education.
Commissioner Rahn asked if the proposed structure would address the excess number of students
that need to be accommodated. Mr. Anderson stated that even with the temporary building, more
space will be needed and they will seek to meet these needs on a permanent basis.
Commissioner Rahn asked why they are not requesting additional portable buildings. Ms. Schwint
explained that the proposed portable classroom has funding this year but next year the funding will
be used to purchase the building mentioned earlier.
Commissioner Rahn expressed concern that there will be future requests for additional portable
classrooms, especially since it is already known that this portable classroom may not meet the current
need.
Commissioner Newman asked about the space needs at the high school. Ms. Jechorek stated that
space is tight and could not accommodate additional grades.
Commissioner Newman asked if they have researched segregating the kindergarten classes to another
rented space. Ms. Jechorek stated they are already using the neighboring church. Ms. Schwint stated
they have looked into that option and contacted other churches and rental properties.
Mr. Anderson explained that they had hoped to have the building operational January 1 st but realize
that is not realistic.
Commissioner Erdmann asked if the State had developed concrete criteria to regulate this type of
structure. Mr. Anderson stated they have and the School District understands this is a situation that
is unique to Brooklyn Center.
Commissioner Reem asked about the funding situation. Ms. Schwint explained that funding for all -
day kindergarten is permanent and they believe in the need to have the kindergarten students
involved in an all -day program. Ms. Jechorek added that they have found that the all -day
kindergarten program has resulted in achievement. Ms. Schwint stated they have about 22
kindergarten students per classroom.
Commissioner Boeck asked if the State sets building standards and controls. Mr. Anderson
explained that the State has guidelines but they also need to work with local authorities.
Mr. Warren explained the State Building Code Division must approve all plans for government
buildings but often transfers that review and inspection authority to the local Building Official. He
advised of the Brooklyn Center Building Official's concerns relative to the foundation and the
temporary nature of the structure. Mr. Warren stated that temporary buildings do not always meet •
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the requirements for a State or municipal building but, due to the unique circumstances, some issues
• can be accommodated as long as they do not involve safety issues.
Commissioner Whitehead asked if the portable. classroom will have skirting that can be locked
securely to prohibit access. Mr. Anderson stated the skirting will be secured with an access panel
but those types of details are not fully worked out. He stated the safety of children is also a major
concern for them. Mr. Anderson commented on the importance of providing clear visibility into
areas to assure security.
Chair Willson asked if the acquisition of the liquor store would provide enough capacity relief to
remove the portable structure. Ms. Schwint explained it would not since that building is intended
to be used to expand the early childhood program since that need is not currently being met.
Ms. Jechorek reported on the School Board's activity to discuss and research the option of a bond
issue to provide funding for_ a permanent solution. Chair Willson noted that passing a bond issue
may involve a two to three year process. He stated if this request for a temporary classroom is
approved, he would suggest that the use expire when the bond issue could be held at a general
election.
Mr. Warren stated it is probably realistic to assume there is a need for a temporary structure for three
to five years. He noted that you cannot predict whether a bond issue would be successful but from
the City's perspective of agreeing to a temporary structure, use of three to five years is reasonable.
• Ms. Jechorek stated the School District fully understands the City's concerns and has every intention
of researching permanent options. She noted that the placement of a portable classroom may also
help convince voters on the need for a bond issue.
Mr. Anderson stated they are involved with an architect to do a use needs analysis which involves
reviewing curriculum to see if the building is being used in the most efficient manner. He
commented on the difficulty of predicting enrollment needs long -term, but stated that they are
attempting to do just that. Mr. Anderson noted this site is landlocked and advised they currently do
not have the State required amount of green space.
Commissioner Reem asked if the bond issue would incorporate the vacation of that portion of
Humboldt Avenue. Ms. Jechorek stated this is a possibility and can be addressed. Mr. Anderson
stated they have also researched the option of a second story, fire code requirements, etc. However,
typically, elementary schools are not two -story structures.
Commissioner Rahn stated if this is approved, he would support the inclusion of a requirement for
removal of the structure if a bond passes or within a certain number of years, such as seven years,
with the option of requesting an extension of time. He stated another criteria could be to require
removal if enrollment drops. Commissioner Rahn stated his support to assure this is a temporary
use and to assure it does not become a long -term use.
• Ms. Jechorek stated they understand and would concur with that type of restriction.
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RECOMMENDATION •
There was a motion by Commissioner Rahn, seconded by Commissioner Boeck, to recommend to
the City Council to consider a special exception from the site and building plan and special use
permit requirements for the Brooklyn Center School District and to enter into an agreement to allow
construction of a 30' by 60' temporary classroom at the Earle Brown Elementary School, 5900
Humboldt Avenue North. The special exception is based on the unique relationship between the
School District and the City as local units of government and the urgent need of the School District
to provide temporary space for an expended enrollment at that facility without meeting all of the
development requirements of the City. Said agreement should acknowledge these factors and clearly
provide for and state the following;
1. The temporary nature of the facility which can be allowed to be located on the property
as shown on the site plan for up to seven years from the date of the approval of the
agreement.
2. The School District shall make every effort to fund and construct a permanent addition
to this facility that will meet projected needs and the development requirements of the
City.
3. The temporary classroom shall be removed from the site prior to seven years if
enrollments drop below current levels and/or construction of permanent facilities
commence. •
4. Construction of the temporary classroom shall be subject to the review and approval of
the Building Official and shall include secure skirting around the perimeter of the
structure.
5. Any extensions or modifications to the agreement shall be subject to the review and
recommendation of the Planning Commission.
A discussion ensued relative to the motion.
Commissioner Newman stated his child is a student at Earle Brown Elementary School via open
enrollment. He stated his concern that this use may become a long -tem use through requests for
extensions of time. He asked if a larger -sized portable structure should be considered. Mr.
Anderson stated they do not have funding for a larger sized structure or additional portable
structures.
Ms. Schwint noted this site does not have enough green space area to add more portable structures.
In response to Commissioner Reem, Mr. Anderson stated in preliminary discussions, they have
considered a three to five year use for the portable classroom. He stated that he would like to
complete their study of how the building is being utilized, enrollment projections, etc. prior to
making a determination on the timing and need for a permanent structure addition. He stated they •
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• have also discussed conducting a demographic study. He added that the recommended time frame
should be enough.
Mr. Warren noted that for comparative purposes the Osseo School District is much larger and able
to bus students between schools to accommodate enrollment and capacity. However, the Earle
Brown Elementary School site is landlocked. He noted that the number of houses will probably not
increase in Brooklyn Center but the number within the household may vary.
Ms. Jechorek concurred and noted that in some cases, a retired couple may sell their home and a
young family with children from several families may move in.
Mr. Anderson stated they would also prefer a permanent structure but don't want to make a "snap"
judgement and the time frame does not allow a permanent structure at this time.
Following the discussion a vote was taken on the motion. The motion passed unanimously.
Chair Willson asked that staff provide a report back to the Planning Commission on the outcome of
the Council's decision.
Chair Willson called a recess at 8:55 p.m. The meeting was reconvened at 9:00 p.m.
B. COMMERCIAL ZONING REORGANIZATION
• Mr. Warren reviewed past discussion regarding the reorganization of commercial zoning districts
within the City. He introduced Michael Cronin of Michael Cronin & Associates and reviewed his
past work in the City of Brooklyn Center and as the City Planner in Minneapolis.
Mr. Cronin presented particulars that need to be addressed when determining zoning classifications
ranging from single - family homes to multi - family high -rise housing and from small commercial
enterprises to large regional shopping complexes. He then narrated a slide presentation and
explained the differences between building form and format, centers, corridors, and exotic districts.
He stated that once it is decided what is desired, it can be decided the best way to design it. He
suggested that the solution for Brooklyn Center will not be found in neighborhood centers but,
rather, in the corridor sections. Mr. Cronin suggested the Planning Commission analyze what is
happening in Brooklyn Center via interview to provide illumination and innovation. He stated
another issue is to assure the liveability of the City's neighborhoods. Rather than borrowing ideas
from other communities, he urged the Planning Commission to study what is happening along
g g
Brooklyn Boulevard.
In response to Commissioner Newman, Mr. Cronin commented on the importance of continuity and
providing order.
Commissioner Boeck stated support to enhance, rather than change, existing uses. Mr. Cronin stated
that zoning can also be a negative "tool" since it can stop things from happening.
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Mr. Warren stated this presentation is important in how the City is looking at changes in the
commercial zoning areas. He stated the City's zoning ordinance has been used to stop certain things
from happening but now, perhaps, the City does not want to stop it from happening but, rather, to
address how it can be part of the neighborhood through screening, buffering, etc. Also, the
difference between a neighborhood commercial building has been discussed based on a certain
square footage. However, it doesn't always work that way with redevelopment of certain areas. Mr.
Warren suggested looking at how the use fits with the existing neighborhood rather than identifying
a maximum square footage.
Mr. Cronin presented philosophies of zoning based on using the zoning ordinance to "protect from"
versus "build to" and/or to assume the best intentions versus regulating to assure compliance.
Mr. Warren urged the Commissioners to consider Mr. Cronin's comments and suggestions and be
prepared to discuss these issues in more detail at an upcoming meeting.
C. YEAR 2000 MEETING SCHEDULE
Mr. Warren advised that the next meeting dates will be January 13 and 27, 2000. He stated he will
provide members with the rest of the Year 2000 calendar shortly.
D. EXPIRATION OF TERMS/REAPPOINTMENT
Mr. Warren stated that he informed the City Clerk of the Commissioner's interest in reappointment
and would advise of the Council's appointments once made.
OTHER BUSINESS
There was no other business.
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ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:56
p.m.
Chair
Recorded and transcribed by:
Carla Wirth
Timesaver Off Site Secretarial, Inc.
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• PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
JANUARY 27, 2000
STUDYSESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - January 13, 2000
4. Chairperson's Explanation
The Planning Commission is 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.
5. Comprehensive Plan Update - Presentation and Public Hearing
• 6. Other Business
7. Adjournment
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