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Home My WebLink About2000 05-25 PCP • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MAY 25, 2000 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - May 11, 2000 4. Chairpersons 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. Brooklyn Center Economic Development Authority 2000 -011 • Request to Rezone from R -5 (Multiple Family Residence) to C -1 (Service /Office) the property at 6421 Brooklyn Boulevard to eventually accommodate the expansion of the Brookpark Dental Clinic. 6. Talisman Brookdale, LLC 2000 -012 Request for Preliminary Registered Land Survey approval to modify two existing tracts of land at Brookdale Center to reflect building expansions recently approved for the shopping center. 7. Other Business 8. Adjournment Application Filed on 4 -27 -00 City Council Action Should Be Taken By 6 -26 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -011 Applicant: City of Brooklyn Center, Economic Development Authority Location: 6421 Brooklyn Boulevard Request: Rezoning The applicant, the City Economic Development Authority (EDA), is seeking rezoning from R -5 (Multiple Family Residence) to C -1 (Service /Office) of the property addressed 6421 Brooklyn Boulevard. The property in question is a 75 ft. by 166.5 ft. (12,487.5 sq. ft.) lot containing a non - conforming single family dwelling and garage that have been used as a vacuum cleaner repair home occupation since 1973. The parcel is bounded on the west by R -5 zoned property containing an apartment complex; on the north by C -1 zoned property containing the Brookpark Dental Center; on the south by C -1 zoned property containing an office building and some off site accessory parking serving the Brookpark Dental Center; and on the east by Brooklyn Boulevard with Garden City PP School on the opposite of the street. I BACKGROUND The Brookpark Dental Center has, for some time, expressed interest in acquiring 6421 Brooklyn Boulevard to accommodate an expansion of the dental clinic. They have worked out an agreement whereby the City would acquire the property through condemnation, if necessary, so that it could be conveyed and combined with the Brookpark property. The EDA has acquired the property and the City has agreed to seek the necessary rezoning to C -1 so that the zoning of the property would be the same once the properties are to be combined. Applications for platting the property and site and building plan consideration will be forthcoming. As mentioned above, the property in question is zoned R -5 which allows as a permitted use multi- family residential dwellings of 2 '/2 to 3 stories in height at a density of 2,700 sq. ft. of land per dwelling unit. The R -5 zoning district requires a minimum lot width of 100 ft. The existing lot is substandard for a multi - family residential use of the property on its own because it lacks 100 ft. of width. The existing single family home and garage are considered a "legal non- conforming use" of property and the vacuum cleaner repair operation conducted there is a special home occupation, again granted in - 1 973. The single family use of the property can continue, however, if destroyed by more than 50 percent, or if the land is cleared, the property can only be used for multi residential purposes. The land area of this lot could support 4.6 dwelling units. The only practical use of the property under its current zoning would be to attach it with the adjacent R -5 property to expand that site. Rezoning it to C -1 so that it can be attached to the Brookpark Dental Center is what is being sought ultimately through this application. 5 -27 -00 Page 1 GUIDELINES FOR EVALUATING REZONINGS All rezoning applications are reviewed in light of the rezoning evaluation policy and review guidelines contained in Section 35 -208 of the City's Zoning Ordinance (attached). The following is a list of the guidelines and the City's response to each of the guidelines: A. Is there a clear and public need and benefit? The City would contend that there is a clear and public need or benefit. To rezone this property to C -1 allows the dental center to expand. Such an expansion is consistent with long standing recommendations for land uses on Brooklyn Boulevard. Also, the elimination over time of inappropriate single family homes on this portion of Brooklyn Boulevard has been the City's policy for some time and was expressed in the recent Brooklyn Boulevard study and the revised City Comprehensive Plan. This property which lies between two service /office sites and a multi - family residential site should not be used for single family residential purposes. It is believed that the C -1, or service /office use, is the most appropriate and should be pursued. A.public benefit can, therefore, be presumed by this rezoning and use. B. Is the proposed rezoning consistent with and compatible with surrounding land uses classifications? The City would contend that the rezoning would be consistent with surrounding land uses. Property both north and south of the subject site is zoned C -1. To incorporate a C -1 zone would allow this site to be used for C -1 purposes by expanding the Brookpark Dental Center, eliminating the need for direct access to Brooklyn Boulevard from the site. The use of the existing site under its current R -5 zoning can only be allowed by attaching it to the existing multi- residential complex to the west. It is a better fit to combine it with the service /office use to the north. Elimination of the non - conforming single family use of the property has been a long range goal of the City. C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? The subject site is not large enough to be used for an independent C -1 use. C -1 uses along a major thoroughfare, such as Brooklyn Boulevard, require a minimum lot width of 150 ft. and a minimum lot area of one acre. This site must be combined with other property to be used either under its existing zoning or under the proposed C -1 zoning. Once combined, it will be large enough to be used for C -1 purposes. In fact, the combination of this parcel with the Brookpark Dental site allows it to meet the minimum one acre land area requirement. The Brookpark Dental site would no 5 -27 -00 Page 2 4y . longer be substandard in area for C -1 uses on a major thoroughfare.. D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? The subject property has been zoned R -5 since at least 1968. The house on the property was built in 1948 and the garage in 1958. As mentioned previously, the vacuum cleaner repair home occupation was authorized in 1973 and has been continued until recently being acquired by the EDA.. The lot to the south of this site, was rezoned from R -5 to C -1 in 1975. It was owned at that time by the Brookpark Dental Center which sought the rezoning for the purpose of removing an existing dwelling and garage and to seek a special use permit for off site accessory parking to expand the dental operation at the Brookpark Clinic. Later, in 1979, an office building was built on the property and an off site accessory parking special use permit for 20 parking spaces for the sole use of the Brookpark Dental Center was approved and has continued from that time until today. At the time of the rezoning of the property south of the subject site, there had been discussion about rezoning the subject site to C -1 also. The record notes that once the property at 6421 Brooklyn Boulevard "was cleared of its non - conforming house and garage, there would be merit in rezoning that piece to C -1 as well ". There was concern at that time that rezoning the lot to C -1 would only aggravate the non - conforming use situation. The owner of the property had also apparently expressed an interest in rezoning the property to C -2 • (Commerce) which the City believed would be inappropriate. It can be said that the rezoning to C -1 of the subject site is the fulfillment of the long range plan for this area. E. In the case of City initiated rezoning proposals, is there a broad public purpose evident? It can be argued that the fulfillment of the City's long range plan for this area can indeed be considered a broad public purpose. The elimination over time of inappropriate single family uses on Brooklyn Boulevard has been a long standing goal of the City. Expansion of service /office commercial uses into these areas has also been an long standing goal of the City. The City believes the Brookpark Dental expansion to be in its best interest and has entered into an agreement with them to assist in that expansion by agreeing to acquire through condemnation, if necessary, the property and to convey it to Brookpark Dental for inclusion and expansion of their site. F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? • 5 -27 -00 Page 3 We believe this guideline can be met as well. The applicants will be submitting a preliminary plat and a site and building plan application in the near future at which time they will be required to meet all of the development restrictions contained in city ordinances. It does not appear that there are any major obstacles in meeting all of the development restrictions for the C -1 zoning district for the proposed site. G. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The subject site is believed to be too small for development of a multi - family use under its current zoning classification. As mentioned before, a minimum lot width of 100 ft. is required in the R -5 zoning district and the density requirement of 2,700 sq. ft. of land per dwelling unit would only allow 4.6 dwelling units on this site. Buildings of 2 '/2 to 3 stories in height are required in this district. Smaller buildings are allowed but at higher densities making it impractical for development. The only feasible use of the property under its current zoning designation would to be attach it to the apartment complex to the west. We are not aware of any such interest. H. Will rezoning result in the expansion of a zoning district, warranted by: 1. Comprehensive Planning; 2. A lack of developable land in the proposed zoning district; or 3. The best interests of the community? We believe the proposed rezoning is warranted by Comprehensive Planning. • Although the Comprehensive Plan does not specifically address this particular parcel of land, the proposal to rezone it to C -1 is certainly consistent with the long range recommendations for Brooklyn Boulevard in this area in both the current Comprehensive Plan and in past comprehensive plans. The proposal is, therefore, consistent with these long range plans. With respect to the lack of developable land in the proposed zoning district, there is little developable land in the city. Multi- family residential uses are considered to be plentiful within the city and the City's practice has not been to rezone property to multi - family residential unless specific development proposals are in hand. The City has encouraged C -1, or service /office developments, along Brooklyn Boulevard and the proposed zoning would be consistent with this philosophy. The proposed rezoning would allow for the rational use of the land in question and does appear to be in the best interests of the community. I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? We do believe that this proposal demonstrates merit beyond just the interests of an individual owner by meeting the objectives of the City's long range plans. Also, in as 5 -27 -00 Page 4 • much as this proposal furthers valid zoning objectives, it also demonstrates merit beyond just the interests of the owner. The rezoning evaluation policy and review guidelines also note that the city policy is that zoning classifications must be consistent with the Comprehensive Plan and rezoning proposals must not constitute "spot zoning ", which is defined as a zoning decision which discriminates in favor or a particular land owner and does not relate to the Comprehensive Plan or accepted planning principles. We find no significant conflicts with this policy as noted above in our review of the guidelines for rezonings. This proposal is consistent with comprehensive planning done for the city with respect to Brooklyn Boulevard and, we believe, is also consistent with good planning principles with the proposed use being consistent and compatible with existing surrounding land uses. We find no conflict with the proposal in this regard. PROCEDURE It has been the City's practice with respect to rezoning applications for the Planning Commission to refer them to neighborhood advisory groups for additional review and comment. Mandates in the State Statute require the City to complete zoning reviews within 60 days and to give applicants an answer within that time frame. Because of notice requirements for publication and public notice, we require applications to be submitted four weeks prior to their review by the Planning Commission. Almost half of the 60 day time frame is, therefore, exhausted before the Planning Commission's review begins. The proposal in hand does not appear to be controversial • and we do not believe it is necessary in this case to refer the matter to the West Central Neighborhood Advisory Group for additional review and comment. A public hearing has been scheduled and notices have been sent to surrounding property owners and a notice of the Planning Commission's consideration of this request has appeared in the Brooklyn Center Sun/Post. RECOMMENDATION We believe this application is in order and would recommend approval of the rezoning acknowledging its consistency with the rezoning evaluation policy and review guidelines contained in the zoning ordinance. Attached for the Commission's review is a draft Planning Commission resolution regarding the recommended disposition of Application No. 2000 -011 submitted by the City of Brooklyn Center Economic Development Authority. • 5 -27 -00 Page 5 o111� �,..:. ,' -�� ■1� :i�� • : ° :. •■ " !� �� ,. .. ■ r 1111 1lINN 1 - �!� •�■ �•• r■ ■.. ■■ ■ 1111 =�;. .� ■ v��` ,' IIIC�io %i► � \ /1111��■� �� ' �� ■1 // - :11 1111 � X1111 , .- :a :►• �r1� .. ��'►�= . � 111111 X1111/ � � �1� UI• lltttlttl� i �d / wi 11111 �1 �? ■ ,1111 ■;IIII�Ilii ■. 11111■ � 11 ■ �, rl�� 1111 :'�� ■ ' ° _ • v 1111111111 i111�•+ -- —, ��. - ' - . // 1■ i� � s� , ; „ t1it11ttt � �� 11l, �/ ■111/1 " • 111111111 � � .. 11111 ! � � :::: •� ra •.r �� / /�■ ■.�v yr '■"' w M �% 1111■ : �i r i X1//1 /■ •� �' ,� � �� ► � ■ ■�11 1 � 1111111 �. v ' ■ .�•� r ��— , - 1 111111 �.. .■ ■ � � t■tt111 ■ ■I�t 1111111 � � ■ ■ ■� 1111 - . - ' ..- � 11111 . tltttlttt 1111111 1 111111 : � � ' t ■I�t 111111 1 .. �■, � ; ::: ��te�� I�` � ..� C � '- ILA X11 1111 1111l�II111 Iut1 �l �� ,�: 1� ►�� 11 i r ttttltNOttltttttl � : ••; ---- � � : �'� � ' 1111■ 1� ■ ■ ""` ��11111��111111 �C .. �■ 1111111 ��► � � . 111 �� !' � ■t! 111 IIS � 111111�11�� _ ♦ - � 111111 � �. - l��i1� 1111111 • 81� 1111111 ■11► . � , � _ 1 11111 .. ■-� � M A O�� 1 City of Brooklyn Center • Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Pur o�se The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: A. Zoning classifications must be consistent with the Comprehensive Plan, and, B. ' Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? • B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City- initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1. Comprehensive planning; 2. The lack of developable land in the proposed zoning district; or, 3. The best interests of the community? 1. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35 -208 J • Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 2000 -011 SUBMITTED BY THE CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY (EDA). WHEREAS, Application No. 2000 -011 submitted by the City of Brooklyn Center Economic Development Authority (EDA) proposes rezoning from R -5 (Multiple Family Residence) to C -1 (Service /Office) of the property addressed 6421 Brooklyn Boulevard; and WHEREAS, the Planning Commission held a duly called public hearing on May 25, 2000, when a staff report and testimony regarding the rezoning request were taken; and WHEREAS, the Planning Commission considered the rezoning request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, and in light of the recommendations of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 2000 -011 submitted • by the City of Brooklyn Center Economic Development Authority be approved in consideration of the following: 1. The rezoning will allow for the appropriate expansion, renovation and redevelopment of the Brookpark Dental Center which is considered to be a benefit to the public. 2. The rezoning proposal is believed to be consistent with the City's Comprehensive Plan for this area which generally calls for service /office land uses in this particular area of Brooklyn Boulevard. 3. The proposed C -1 zoning of the property is consistent and compatible with surrounding land use classifications. 4. All permitted uses in the proposed C -1 zone may be contemplated for development or redevelopment of the subject property. 5. The subject property will bear fully the ordinance development restrictions for the C -1 zoning district. 6. The subject property is considered to be unsuited for uses permitted under its present zoning classification. I I 7. It is believed that the proposal is consistent with the guidelines for evaluating rezonings • contained in Section 35 -208 of the Zoning Ordinance, is consistent with the City's Comprehensive Plan and good planning principles and is, therefore, in the best interest of the community. Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. . . Application Filed on 5 -03 -00 City Council Action Should Be Taken By 7 -02 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -012 Applicant: Talisman Brookdale, LLC Location: Brookdale Shopping Center Request: Preliminary Registered Land Survey The applicant, Talisman Brookdale, LLC, is seeking preliminary registered land survey approval to change two existing tracts of land at Brookdale Shopping Center to reflect the new building expansions recently approved for the shopping center. The proposal would also create a separate tract for the out building proposed to be located east of the Midas operation. The properties under consideration are Tract B, RLS 1469, which is the Brookdale Shopping Center common property owned by Talisman and Tract B, RLS 1649, which is the Mervyn's property. Brookdale is made up of a number of parcels or tracts which reflect the ownership interest in Brookdale. Sears, Penney's, Dayton's, Mervyn's, Midas and the Brookdale common are the • various parcels. The reason for the proposed RLS is basically to swap identical areas of land from Talisman owned property to Mervyn's and to also create a separate tract for the out building mentioned above. The areas swapped between Talisman and Mervyn's are triangular shaped and are determined based on the new building configuration proposed by the recently approved Brookdale expansion. The triangle will be carved out of the west side of Mervyn's property and added to the east side. The new Tract A of an unnumbered RLS will be the Talisman property; the new Tract B will be the Mervyn's property; and the new Tract C will be the site of out building three. The City Engineer has provided a memo regarding his review of this proposed RLS (attached). He notes potential problems with defining new property lines before completion of the proposed site plan which may require going through the RLS process again if the property lines do not accurately reflect the final building lines. He also notes the condition of City Council approval regarding the elimination of access from the perimeter road by Building No. 3 and the need to identify the location of, and provide for, an easement for the Shingle Creek Regional Trail, which also is a condition of the Planned Unit Development. For the most part, the proposed Registered Land Survey is a simple transfer of land that will accommodate the revisions being made to Brookdale due to the expansion and renovation . 5 -25 -00 Page 1 t proposed under the Planned Unit Development. A public hearing has been scheduled for this preliminary Registered Land Survey and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun Post. RECOMMENDATION The proposed preliminary Registered Land Survey appears to be in order and approval of the application is recommended subject to at least the following conditions: 1. The final RLS is subject to review and approval by the City Engineer. 2. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances. 5 -25 -00 • Page 2 ARM Wo mm soon I II. ,, ;; • WIN WIN IN 11011 11'I ►III �'/ "„ !'= 11 111 ►.�►1� ' AVIAN - C. 1111 /I : �••I•�;1• _ :: I. — gill `r� ■II��r��i1 1111■I11II/ t • `�� _ ■�tiQ'i��j /■1 1111■ ■11/1/ ��• _� _ ■111. ■ ORION f �•��, `/ _ ��` �. 1IG �WIII■ 1111■■■■// �� '�.■.' �� ■111I1I11I ■I1I11 gill ■111111 i �� - - 1111111111111•x+ -"�. ■ � �i� C'■ ■IY� �� ; an ■111111111111111 1its ■1111/. 1111 ��111 6IeYt►� 111 11/111I1� f on mm Mill 111111 ■II►►�i�/ 11111• �. �... 1 ■■ ��i> �i■I 1111■► _ IN PIN CID LZ n IR-11M Is ME __ ______ mm MOM 0 ME ENNE MEN NO M MM M 1111 � � • �I L t � ��11.C.1- IIIII�C .0 C. ■C i �i �'� ' �.� 11 /� �� .0 � : ■C : �- :ice l oon ONES �_. gill 11 4�■ ■■ UONS WA M M WA oil 1111111 1,1 � � 11 4 Gtr}- 0 w ( S a A\ , R.L.S. N0. ' c \ ty'� txj won Cl rE � n 0 z � � � TRACT �� A 1 j � TRACT R.L.S. N0. 1 69 t TRACT c, -b �� R.L.S TN R.L.S. N0. _ 469 69 / t /// 2 0 I p� N OT NCL 9 '9 IN UDED) 9 6 TRACT D R.L.S. NO (NOT INC bDED�9 Cb � a / STATE HIGHWAY N0. 100 MEMORANDUM DATE: May 19, 2000 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer �' SUBJECT: Brookdale Shopping Center - Preliminary Registered Land Survey I have reviewed the subject registered land survey and have the following comments to offer at this time. • A site improvement plan was not submitted with the application. The developer should be made aware of the risk of defining new property lines before completion of a site plan for the proposed new parcel east of the Midas Parcel. Should the proposed new parcel require additional land, the developer will be required to go through the RLS process again. • The City Council approved the Brookdale Planned Unit Development (PUD) subject to the elimination of access from the perimeter road to the parking lot east of Building Number 3. Thus, access to the existing parking will have to be through the new parcel. • • Consistent with the PUD approval, the developer must identify the location and provide an easement for the Shingle Creek Regional Trail. The developer should be made aware that future site and building plan approvals will be delayed until this Council condition is met. 0 Copies of the RLS have been submitted to Hennepin County and the Minnesota Department of Transportation for review and comment. Any concerns from these agencies need to be addressed prior to final approval. • Any recommendations or comments of the City Attorney will also need to be considered for this plat. •