HomeMy WebLinkAbout2000 11-30 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
NOVEMBER 30, 2000
STUDY SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - October 12, 2000
I
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. Discussion Item
• a. Request to Amend Zoning Ordinance Regarding I -1 Uses.
6. Other Business
7. Adjournment
•
• MEMORANDUM
TO: Planning Commission Members
FROM: Ronald A. Warren, Planning Commission Sec rra y 7 i-6
RE: Ordinance Amendment Request
DATE: November 27, 2000
On the Planning Commission's November 30, 2000, agenda is a discussion item referred to the
Commission by the City Council for discussion and comment. The matter involves a request
by Mr. Sam Baxter to amend the City's zoning ordinance to allow "recreation and amusement
places" to be a use classification allowed in the Industrial Park (I -1) zoning district. Such an
amendment would permit Mr. Baxter to operate an indoor go -cart track in that zoning district,
• specifically at 6707 Shingle Creek Parkway.
Attached for the Commission's review is a copy of a November 9, 2000, memorandum from
myself to the City Manager regarding Industrial Park land uses. The memo provides
background on the specific issue at hand and Mr. Baxter's proposal. (Note: This memo was
also presented to the City Council for their review.)
Because the determined use classification for the go -cart track facility is one allowed only in
the C -2 (Commerce) zoning district and not in the I -1 zone, Mr. Baxter was advised that it
would not be allowed to be conducted at 6707 Shingle Creek Parkway.
He pointed out that he had a similar problem in Brooklyn Park, but was allowed to pursue the
matter as a conditional use which he was eventually granted to conduct the use in an industrial
building north of the Northland Inn on Boone Avenue. The approval was granted subject to a
number of conditions relating to the use and the upgrading of the building and site in question.
I advised him that he could seek a zoning approval for his use by filing a Planning Commission
application to seek a determination that his proposed use is "similar in nature" to a permitted
use in the Industrial Park zone per Section 35 -330, Subdivision lf. He agreed that none of the
uses listed in the I -1 zone were similar in nature to his proposal. He still believed he should be
able to operate his facility in the Brooklyn Center I -1 zoning district. He, therefore, requested
11 -30 -00
Page 1
the opportunity to address the City Council about an ordinance amendment. After a brief •
discussion with Mr. Baxter at their November 13, 2000 meeting, the City Council by motion
directed the Planning Commission to review the City's zoning ordinance and advise the
Council if there was reason to consideration modification to the ordinance along the lines
suggested by Mr. Baxter.
Mr. Baxter will be providing the Planning Commission with written material on Monday,
November 27, 2000, and also be applying to the City for a zoning ordinance amendment. The
60 day review period provided for in Minnesota Statutes will begin at that time. A response to
his request, if the written application is provided by Monday, November 27, 2000, will be
required of the City Council by January 26, 2001.
Mr. Baxter's arguments, at least as they have been presented to me verbally, are that the
industrial zone is an appropriate zone for his use because he can take advantage of the high
ceiling and large spanned hnildings typically found in an industrial zone. These buildings work
well for laying out one or two indoor go -cart tracks and space can be made available for his
other accessory uses such as arcade games, a snack bar, pro shop and conference facilities. He
likes being located close to the freeway and adjacent to other uses such as the hotels, bowling
alley, restaurants, etc. that are in close proximity to his proposed location. He has noted that
matters such as noise and'air quality can be addressed so that the use of the building will not be
a problem. He believes he will be providing a worthwhile activity that can be of value and
enjoyment to the community. •
As mentioned previously he has received approval to operate his facility in an industrial
building in Brooklyn Park. He has explained that he was, allowed to do this through a
conditional use permit after what he describes as some reluctance on the part of the Brooklyn
Park staff. He, therefore, believes he should be able to operate his facility in an industrial
zone in Brooklyn Center as well.
The Planning Commission's attention is directed to the November 9, 2000, memo regarding
Industrial Park uses. Mr. Baxter's indoor go -cart track proposal with the accompanying
accessory uses is considered a use classification of a "recreation and amusement place" such as
motion picture theaters and legitimate theaters, sports arenas, bowling alleys, skating rinks and
gymnasiums as listed in Section 35 -322, 3d of the zoning ordinance. Certain aspects of his
proposed use, namely the arcade, might also be classified as an "amusement center" which is
also listed as a special use in Section 35 -322, Subdivision 3n. None of these uses are
classifications that are permitted as a special or permitted use in the Industrial Park zone.
They are uses confined solely to the C -2 (Commerce) zoning district and are special uses in
that zone.
Zoning ordinances are typically exclusionary, meaning that if a use is not expressly allowed in
a particular zone as a permitted or special use, it is prohibited. This is the case here.
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Page 2 -
• There is much history in the evolution of the City's I -1 or Industrial Park
how it contains the uses that are allowed. At one time, this classification zoning district as to
a special use in the I -1 zoning district. of use was allowed as
In 1989 the City became very concerned about the ability to control or exclude some
commercial uses believed to be inappropriate in some areas of the industrial park. Generally
these uses were commercial uses that were authorized by special use m this zoning district.
Based on various court decisions and planning literature at the time, the City was not certain i
could deny or control certain special uses in the Industrial Park zone. The City, t
undertook to rezone from I -1 to C -2 certain land located north of the freeway and east of
Shingle Creek including the sites of the current Hilton Hotel, Chi Chi's Restaurant and land
located south of Freeway Boulevard and east of Shingle Creek Parkway. This area contained
motels, restaurants, bowling alleys and other commercial uses felt to be appropriately located
but were commercial uses that may not be appropriate throughout the Industrial Park zoning
mng
Commercial uses, other than some service and office uses, were no longer allowed
in the
Industrial Park zone through the adoption of an ordinance amendment. Also the P
classification was adopted to address particular acceptable uses based on site plan submittals. g
The City's Comprehensive Plan was also amended at that time to acknowledge the changes in
direction and future development proposed by the City. The current Comprehensive Plan,
recently adopted, carries on these same types of recommendations for the particular land in
question. The history of the industrial park development and the current zoning which reflects
the City's Comprehensive Plan indicates that "recreation and amusement lace"
uses should be discouraged from locating in the Industrial Park zone. p commercial
The fact that Brooklyn Park allows such a use does not make it imperative that Brooklyn
Center accept this use in its Industrial Park zoning district. There are some subtle differences
between the zoning in the two communities. A discussion with Mr. Will Neumeister, Senior
Planner at Brooklyn Park indicates their classification of use is a "commercial indoor
recreational facility". Such a use is a conditional use (same as our special use) in the B -2, B -3,
B-4 and BP (Business Park) zoning districts in Brooklyn Park. Mr. Neumeister explained
the site granted a conditional use for the go -cart operation was in their old industrial district
They have undergone some recent zoning changes. Now that use is no longer allowed in the'
industrial zone. The property on which the permit was issued is now in the BP zo
be used as such provided all conditions associated with the granting of the ne and can
permit are met.
The fact that the building in question in Brooklyn Center is available and work
f o
should not be the sole determinant that the use should be allowed in our I -1 zone. Buildings
our C -2 zone can work for such a use and I would suggest use of such buildings or the mgs m
development of a new building to house such a use could be pursued. For instance the K-
Mart building might work and it is in the proper zoning district in Brooklyn Center. The fact
• that land or a building may not be available should not be the sole determinant for the
11 -30 -00
Page 3
ordinance amendment to allow such a use in our In dustrial Park zone. Amending our
to allow this use as a permitted use would make it a use that would be allowed
ordinance
throughout the Industrial Park zoning district.
• c parking requirement for the go -cart use is acknowledged in zoning lubs� ord inance .
No spec it
ifi p g
Because this use is allowed in a C -2 zone such as bowling alleys, the P
would have t p s ace
o provide parking for a C -2 development at least on the basis of one parking m nt
for every 200 sq. ft. of gross floor area, which is the genera be in order. if i tgs determined:
if no other standards exist. Further evaluation of parking
that this use is to be allowed in the Industrial Park zone.
The building in question is part of a PUD /I -1` zone. Under the PUD approval, 6707 Shingle
Creek Parkway is allowed to be used for up to 20 percent office a u e0 pan erc ent ind us t rial
or
occupancy. If it is determined that Mr. Baxter s proposed g o - cart ty and
,kmable use in the I Park zone, it would be considered an
an appropriate d s activity under
allo If, however, it is not considered
it could fit under that category.
an amendment to the
be allowed. Other questions might would have to be accomplished t su h as, is
this category, ht need to be addressed under the PUD concept
this use the same type use comprehended under the PUD /I -1 zone such as the hotels, district?
restaurants, business offices, etc. that have generally been allowed in the PUD zoning
Commission should review and discuss all aspects of this request and be
The Planning ation to the City Council on ake such a
prepared to m ake a comment and /or recommend
modification to the city ordinance. The staff finds no compelling reason t o
change as proposed by Mr. Baxter.
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Page 4
I
Memorandum
To: Michael J. McCauley, City Manager
From:
Ronald A. Warren, Planning and Zoning Spec ist / •�
Date: November 9, 2000
Re: Industrial Park Land Uses
You have requested my comments regarding land uses in the Industrial Park (I -1) zoning
district as they relate to a proposal put forth by Mr. Sam Baxter for use of 6707 Shingle
Creek Parkway.
I have had recent discussions with him regarding an indoor go -kart track at that location.
The use has also been characterized in some discussions as an indoor entertainment center
and corporate business /conference center. The uses involved, as verified by Mr. Baxter,
include a two -track facility for indoor go -kart racing. He has indicated that they would
focus on activities for church, corporate, youth and local groups and could also provide
conference space for holding meetings, lunches and other activities in connection with on
• track activities. Arcade games, a snack bar, pro shop and conference facilities would all be
considered accessory to the go -kart track operation.
I have reviewed with Mr. Baxter the permitted and special uses allowed in the Industrial
Park zone and also some of the history involved in the establishment of these uses in that
zoning district. Permitted uses allowed include a variety of manufacturing activities; adult
establishments (defined as a business where sexually oriented materials are sold, bartered,
distributed, leased or furnished); various wholesale trade activities; certain service uses;
public transportation terminals (excluding truck terminals); accessory uses; and other uses
similar in nature to permitted uses as determined by the City Council.
Special uses, (uses that may in some respect be incompatible with permitted uses in the
zoning district, but which may be approved by the City Council after a finding that the use
meets certain predetermined standards and is compatible with the existing neighborhood)
listed in the zoning ordinance for the Industrial Park zone include foundries; textile mills;
retail sales of products manufactured, processed, warehoused or wholesaled on the use site;
accessory off site parking; certain commercial developments that are compatible with,
complimentary to, and of comparable intensity to permitted I -1 uses and are listed in specific
sections of the C -1 (Service /Office), and C -2 (Commerce) zoning districts; certain
warehousing and storage uses; and other non - commercial uses required for the public
welfare as determined by the City Council
Attached for review is a copy of Section 35 -330 listing the permitted and special uses
authorized in the Industrial Park zoning district and also sections from the C -1 and C -2
zoning districts highlighting uses that can be allowed as a special use in the Industrial Park
zone.
In my discussions with Mr. Baxter, I have advised him that his proposed use classification is
a "recreation and amusement place" such as motion picture theaters and legitimate theaters,
sports arenas, bowling alleys, skating rinks and gymnasiums as listed in Section 35 -322,
Subdivision 3d of the zoning ordinance. It should be noted that certain aspects of his
proposed use, namely the arcade, might also be classified as an "amusement center" which
is listed as a special use in Section 35 -322, Subdivision 3n. Neither of these uses or use
classifications are uses allowed as a permitted or special use in the Industrial Park zone.
They are uses confined solely to the C -2 (Commerce) zoning district and are special uses in
that zone.
If a use is not specifically listed or authorized as a permitted or special use in a zoning
district, it is considered a prohibited use in that zone. Mr. Baxter has been advised of this.
We _discussed the possibility of him filing a Planning Commission Application to seek
determination that his proposed use is "similar in nature" to a permitted use in the Industrial
Park zone per Section 35 -330, Subdivision lf. He agrees, however, that none of the uses
listed are similar in nature to his proposal.
It is my understanding that he wishes to pursue with the City Council the possibility of
amending the Zoning Ordinance to allow his use in this particular zoning district. It should
also be noted that the review and analysis of Mr. Baxter's proposal conducted to date, does
not include a review of the appropriateness of this use in the particular building mentioned.
Building code requirements for building modifications, air handling equipment, etc. would
have to be met pursuant to the State Building Code. He would also have to meet zoning
ordinance criteria such as parking requirements which are yet to be determined. Mr. Baxter
should also be prepared to provide us with assurances that an appropriate lease agreement
has been executed with the owner of the building or some other understanding has been
reached regarding the building's use.
I hope this memo addresses your inquiry. If you need additional information or clarification
regarding the above, please let me know.
11 -8-00
Page 2
q. Group day care facilities provided developments, in each specific case, are
demonstrated to be:
1 • Compatible with existing adjacent land uses as well as with those uses
permitted in the C2 district generally.
2. Complementary to existing adjacent - land uses as well as with those uses
Permitted in the C2 district generally.
3• Of comparable intensity to permitted C2 district land uses with respect to
activity levels.
4. Planned and designed to assure that generated traffic will be within the capacity
of available public facilities and will not have an adverse impact upon those
facilities, the immediate neighborhood, or the community.
5. Traffic generated by other uses on the site will not pose a danger to children
served by the day care use.
Furthermore, group day care facilities shall be subject to the special requirements set forth
in Section 35 -412.
Section �5_��fl 1 -1 INDUSTRIAL PARK.
1 • Permitted Uses
a. The following manufacturing activities:
I. Food and kindred products as illustrated by:
Dairy products
Bakery products
Confectionery and related products
'Beverages, with the exception of malt liquors
Macaroni, spaghetti, and noodles
2• Apparel and other finished products made
from fabrics, leather, and similar materials.
3. Lumber and wood products, except saw mills
and planing mills producing a dimensioned lumber.
City of Brooklyn Center 35 -36
City Ordinance
4. Furniture
an d fixtures.
$. Converted paper an d paperboard products (as
opposed to paper an d paperboard manufacturing).
6. Printing and publishing and allied industries.
7. Chemicals and allied products as follows:
Drugs
Soaps, detergents and cleaning preparations
perfumes, cosmetics and other toilet preparations
(compounding and packaging only)
g. Miscellaneous plastic products. .
9. Fabricated metal products as illustrated by:
Office computing and accounting machines
Household appliances
Electrical lighting a nd wiring equip ment
Communication equipment, including radio and television
receiving sets
Electronic components and accessories
Screw machine products
10.
Professional, scientific, electronic and controlling instruments, photographic and
optical goods, watches and clocks.
11. Miscellaneous manufacturing such as jewelry and silverware, musical instruments
and parts, toys, amusement, sporting and athletic goods and pens, pencils and
other office and artistic material
12. Assembly of electric powered vehicles.
13. Adult establishments.
b. The following wholesale trade activities:
1, Automotive equipment
2. Drugs, chemicals and allied products
35 -37
City Ordinance
City of Brooklyn Center
3. Dry goods and apparel
4. Groceries and related products
5. Electrical goods
6. Hardware, plumbing, heating equipment and supplies
7. Machinery, equipment and supplies
8. Other wholesale trade similar in nature to the aforementioned uses such as
paper and paper products, fiarniture, and home furnishings, and beer, wine and
distilled alcoholic beverages, but expressly excluding petroleum bulk stations
and scrap and waste materials and similar uses.
c -_ The following service activities:-
1. Laundrying, dry cleaning and dyeing
2. Contract construction
3. Kennels
•
4. Veterinarian and animal hospitals
d. Public transportation terminals (excluding truck terminals).
e. Accessory uses incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory. Such accessory uses to include without
being restricted to the following:
1 • Offstreet parking and offstreet loading.
2. -. Signs as permitted in the Brooklyn Center Sign Ordinance.
3. Storage of raw materials, work in process and inventory, provided such storage
is within completely enclosed buildings.
f. Other uses similar in nature to the aforementioned uses, as determined by the City
Council.
2. Special Requirement
` City of Brooklyn Center 35 -38
City Ordinance
a. See Section 35-413 of these ordinances. •
3, aP eci d E e
the foundry operation is a necessary incident to a principal use
a. Foundries, provided that
permitted in the I -l' district.
b. Textile mills.
c. R etail sales of products manufactured, processed, warehoused, or wholesaled on the
use site.
d. Accessory off -site parking
not located on the same property with the principal use,
subject to the provisions of Section 35 -701.
_ e. Those commercial developments whkh,. in each. sPeci,�ic -ca: r, ar e demonstrated to the
City ,Council to be:
1. Compatible with existing a land uses as well as with those uses
�
permitted in the I -1 district generally.
2. Complementary to existing adjacent land uses as well as to those uses permitted
in the
1 -1 district generally.
3.
Of comparable intensity to permitted I4 district land uses with respect to
activity levels.
4, planned and designed to assure that generated traffic will
eers impact upon the
of a vailable public facilities and will not dt
industrial park or the community.
hich are described in Section 35 -322, Subsection 1 d, a (subparts 1 -6 subs (subparts
a 3), g through j; 3 m and 3 p. I.1
and, w Such commercial developments shall b
district requirements of Section 35 -400 and 35-413 and shall otherwise be suject to e
ordinance requirements of the use classification which the prop development
ousin and storage uses which, in each specific case, are demonstrated to the
g. Wareh S
City Council to be:
1, Compatible with existing adjacent land uses as well as with those uses
permitted in the 1 -1 district generally.
City Ordinance
City of Brooklyn Center 35 -39
2• Of comparable intensity to permitted I -1 district land uses with res ect to
activity levels. P
Provided such uses shall adhere to applicable requirements in the I -1 district and shall not
involve maintenance or servicing of vehicles on the site.
h. Other noncommercial uses required for the Public welfare as determined by the
Council, including accessory outside storage of materials when screened from public
view by an opaque wall.
Section 3 � I -2 GENERAL INDUSTRY.
1 • PermittP ses
a. The following manufacturing activities.
1• Food and kindred products as illustrated by: �
Dairy products
Bakery products
Confectionery and related products
Beverages, with the exception of malt or malt liquors
Macaroni, spaghetti and noddles
2• Textile mill products.
3. Apparel and other finished products made from fabrics, leather and similar
materials.
4. Lumber and wood products, except saw mills and planing mills producin
dimensioned lumber. g
5• Furniture and fixtures.
6• Converted paper and paperboard products (as opposed to paper and paperboard
manufacturing).
7• Printing, publishing and allied industries.
8• Chemicals and allied products as follows:
City of Brooklyn Center
35 -40 City Ordinance
o uses incidental to the foregoing principal uses when located on the same
d, Accessory but not including any business or
property with the use to which it is accessory,
industrial accessory use. Such accessory uses to include but not be restricted to the
following:
1, Offstreet parking and offstreet loading.
2. Garages -and ramps for use by occupants of the principal use.
Y
3.
pl equipment and installations including swimming pools and tennis
courts.
4 Signs as permitted in the Brooklyn Center Sign Ordinance.
5. A
real estate office for the purpose of leasing or selling apartment units within
the development in which it i.s located.
6.
Home occupations not to include special home occupations as defined in
Section 35 -900.
e , Licensed r esidential programs with a licensed capacity of seven to 16 adults or g ldren
required to be permitted by M.S. 245A.11, Subd. 3 an d M. S. 462.357,
f. Licensed nonresidential p rog ram s with a licensed capacity of 13 to 16 persons required
to be permitted by M.S. 245A.14, Subd. 2.
g. Licensed day care facility serving from 13 through 16 persons required to be permitted
by M.S. 462.357, Subd. 8.
2, Snec� ial Reauireme
a. See Section 35 -410 of these ordinances.
QAc Lo a5 -320. C1 SERVICE/OFFICE DISTRICT.
1, permitt d ses
serv i ce / o ffice uses are permitted in the C1 district, provided basemen hs
Th following senvn
of each establishment or building shall not exceed three stories, or in the event at
proposed, three stories plus basement:
than 50 beds per acre), provided, however, that such
a . Nursing care homes, (at not more
City of Brooklyn Center
35 -28 City Ordinance •
institutions shall, where required by state law, or regu
be licensed by the appropriate state or municipal authonty. of the licensing authority,
b. Finance, insurance, real estate and investment office.
C. Medical, dental, osteopathic, chiropractic and optometric offices.
d. Legal office, engineering and architectural offices, educational and scientific resech
offices (excluding laboratory facilities), accounting, auditing and bookkeeping offices,
urban planning agency offices.
e. Places for religious assemblies such as chapels, churches, tem les
synagogues. P ,mosques, and
f. Beauty and barber services.
g. Funeral and crematory services.
h. Photographic services.
i. Apparel repair, alteration and cleaning pickup stations, shoe repair.
•- j. Advertising offices, provided that the fabrication of signs shall not be a permitted use.
k. Consumer and mercantile credit reporting services office, adjustment and colle
service offices. cthon
1. Duplicating, mailing and stenographic service offices.
m. Employment agency offices.
n. Business and management consultant offices.
,- o. Detective and protective agency offices.
P. Contractor's offices.
q. Governmental offices.
r. Business association, professional membership organizations, labor unions, civic,
social and fraternal association offices.
City of Brooklyn Center 35 -29
City Ordinance
s. Accessory uses incidental to the foregoing principal uses when located on the same
P roperty with the use to which it is accessory. Such accessory uses to include but not
be restricted to the following:
1. Offstreet parking and offstreet loading.
2. Signs as permitted in the Brooklyn Center Sign Ordinance.
3. The compounding, dispensing dis ensin or sale (at retail) of drugs, prescription items,
patent or proprietary medicines, sick room su ppli e s, lies, P rosthetic devices or items
relating to any of the foregoing when conducted in the building occupied
primarily by medical, dental, osteopathic, chiropractic or optometric offices.
4. Retail food shops, gift shops, book and stationery shops, tobacco shops,
accessory eating establishments, sale and service of offic o upply o buildings
newsstands and similar accessory retail shops within multisto
over 40,000 sq. ft. in gross floor area, provided: that th -re.is no associated
signery visible from the exterior of the building;
there is no carry -out or
delivery of food from the lot; and the total floor area of all such shops o the building
a building shall not exceed 10% of the total gross floor area
t. Other uses similar in nature to the aforementioned uses as determined by the City
Council. •
u.
Financial institutions including, but not limited to, full- service banks and savings and
loan associations.
Drop-in child care centers licensed by the Minnesota Department of Public l i b c W
pursuant to a valid license application, V.
p provided that a copy of said
application shall be submitted annually to the City.
w. Leasing offices, provided there is no storage or display of products on the use site.
x. Libraries and art galleries.
2. �nPcial Reauirem
a. See Section 35 -411 of these ordinances.
3. S eci ses
e parking
not located on the same property with the principal use,
a. Accessory off -sit
subject to the provisions of Section 35 -701.
35 -30 City Ordinance
City of Brooklyn Center
.
!'El2mrT7 USE "J
t
b. Group day care facilities provided that such developments, in each specific case, are
demonstrated to be:
I • Compatible with existing adjacent land uses as well as with those uses
permitted in the Cl district generally.
2. Complementary to existing adjacent land uses as well as to those uses permitted
in the C 1 district generally.
3. Of comparable intensity to permitted Cl district land uses with respect to
activity levels.
4. Planned and designed to assure that generated traffic will be within the capacity
of available public facilities and will not have an adverse impact upon those
facilities, the immediate neighborhood, or the community.
5• Traffic by other uses on the site will not pose a da er to c,hil�?ren
• served by the day care use.
and further provided that the special requirements set forth in Section 35 -411 are
adhered to.
-- c. Instructional uses for art, music, photography, decorating, dancin
• studios for like activity. g and the like and
d. Educational uses including post secondary schools, business schools, trade schools and
the like, but excluding public and private elementary and secondary , schools (K -12).
Section 35 -321 CIA SERVICE /OFFICE DISTRICT.
I. Permitted T es (No height limitation)
a. All of the permitted uses set forth in Section 35 -320 shall be permitted in a building or
establishment. in the C 1 A district.
2. Special Requirement
a. See Section 35 -411 of these ordinances.
3 S U se g
a. Accessory off -site parking not located on the same property with the principal use,
subject to the provisions of Section 35 -701.
City of Brooklyn Center 35 -31
City O rd i nance
inance
'A "n iN
R
•
b. All of the special uses set forth in Section 35 -320 shall be allowed by special use
permit in the C I A district.
Secti_ 2. C2 COMMERCE DISTRICT.
1 Permitted ses
a. The retail safe of food.
Eating establishments, provided they do not offer live entertauimen tee nc f od
b. g does not permit drive -in eating places an
provided that the category P
restaurants.
c. The following uses:
1. The retail sale of heating and pl equipment, paint, glass, and wallpaper,
electrical supplies, and building supplies.
2.
The retail sale of tires, batteries and automobile accessories and marine craft
accessories.
3. The retail sales of apparel and related accessories.
4. The retail sale of furniture, home furnishings and related equipment.
5 The retail sale of miscellaneous items such as the following:
Drugs and proprietary items
Liquors
Antiques and secondhand merchandise
Books and stationery
Garden supplies
Jewelry
Flowers and floral accessories
Cigars and cigarettes
Newspapers and magazines
Cameras and photographic supplies
Gifts, novelties and souvenirs
Pets
Optical goods
Sporting goods and bicycles
35 -32 City Ordinance
City of Brooklyn Center
.
t
d. Service/office uses described in Subsection 1 throu
Sub (b) gh 1(u), Subsection 1 w
Subsection 3(c) of Section 35 -320. O, and
e. The following repair /service uses:
-: 1 • Electrical repair service shops.
42. Household appliances, electrical supplies, heating and plumbing equip
3• Radio and television repair service shops.
4• Watch, clock and jewelry repair service shops.
S. Reupholstery and furniture repair shops.
6. Launderng, diy cleaning and dyeing:
7. Equipment rental and leasing services.
f. The following medical and health uses:
• 1 • Hospitals, not including animal hospitals.
)�- 2• Medical laboratories.
3• Dental laboratories.
4. Nursing care homes, (at not more than 50 beds per acre), provided that these
institutions shall where required by state law, or regulation or by municipal
ordinance, be licensed by the appropriate state or municipal authority.
,-- g• The following contract/construction uses:
1 • Building construction contractors' offices.
2• Plumbing, heating and air conditioning contractors' offices.
3• Painting, paper hanging and decorating contractors' offices.
4. Masonry, stone work, tile setting and plastering contractors' offices.
5. Carpentering and wood flooring contractors' offices.
City of Brooklyn Center 35 -33
City Ordinance
s
6. Roofing and sheet metal contractors' offices. .
7. Concrete contractors' offices.
8. Water well drilling contractors' offices.
h. Educational uses including post secondary schools, business schools, trade schools and
the like, but excluding p ublic and private elementary and secondary schools (K -12).
uses, incidental to the foregoing principal uses when located on the same
� i• Accessory
ro with the use to which it is accessory. Such accessory uses to include but not
proper
be restricted to the following:
1 • Offstreet parking and offstreet loading.
2. Signs as permitted in the Brooklyn Center Sign Ordinance.
3. Outside display and sale of merchandise provided that an administrative permit
is first obtained pursuant to Section 35 -800 of these or
J•
Other uses similar in nature to the aforementioned uses, as determined by the City
Council. •
Dro -in child care centers licensed by the Minnesota Department said Public Welfare e
pursuant to a valid license application, p and
k• p provided that a copy
application shall be submitted annuallY to the City.
2. Snec ReQuirement�
a. See Section 35 -412 of these ordinances.
3 • S eci l s
hes
Gasoline service stations (see Section 35 -414), motor vehicle repair anad a str line;
a. Gas
provided they do not abut an RI, R2, Or district,
rovided that there is adequate trailer
trailer rental in conjunction with these uses, p
parking space.
b.
The sale or vending at gasoline service stations Of items Other than fuels, lubricants or
.automotive parts and accessories (and other than conv enience f customer �s within th
cigarettes and other incidental items forrg is available consistent with the Section
principal building) provided adequate p a
35-704,2 (b) and 2 (c).
City of Brooklyn Center
35 -34 City Ordinance. •
r
c. Drive -in eating establishments and convenience -food restaurants provided they do not
abut an R1, R2, or R3 district including abutment at a street line.
convenience food restaurants without drive -up facilities and located within the
Principal structure of a shopping center of over 250,000 sq. ft. of gross floor area shall
be considered a permitted use.)
d. Eating establishments offering live entertainment; recreation and amusement places
such as motion picture theaters and legitimate theater; sports arenas, bowling alleys,
skating rinks, and gymnasiums, all provided they do not abut an RI, R2, or R3 district,
including abutment at a street line.
e. The sale of motor vehicles at retail.
f. The out -of -door display and sale of marine craft at retail.
_ g. Transient lodging.
h. Animal hospitals.
i. Public transportation terminals (excluding truck terminals).
j. Clubrooms and lodges.
• k. Accessory ff -site
rY parking not located on the same property with the principal use,
subject to the provisions of Section 35 -701.
l.. Sauna establishments and massage establishments, provided they do not abut an
residential (R1 through R7) district, including abutment at a street line. y
- m. School bus garage facilities provided all storage, including vehicles, and minor
servicing and minor repair shall be conducted wholly within an enclosed building and
further provided it does not abut any residential (RI through R7) districts, includin
abutment at a street line. g
n. Amusement centers provided the property on which the amusement center is to be
located is not within 150 feet of any residentially zoned (RI through R7) property. .
o. Automobile and truck rental and leasing.
P. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and s
studios. P suntan
• ' City of Brooklyn Center 35 -35
City Ordinance
i
FASTRAX INDOOR ENTERTAINMENT
3v ................................................................................... ...............................
r
November 27, 2000
City of Brooklyn Park
Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Members of the City of Brooklyn Park,
The purpose of this letter is to request an amendment for the Conditional
Use permit in the I1 industrial zoning in Brooklyn Center.
The entertainment complex we would like to bring to Brooklyn Center needs
a specific type of building. The requirements for the type of building eeded
to house this type of facility are located in industrial use districts. Due to size
and other requirements needed for an indoor go kart track existing retail and
commercial buildings do not meet the criteria necessary. In order to bring
affordable entertainment to the area allowing entertainment in an industrial
zoned sector is necessary.
With the many different types of en�erta.inment we offer there will have b
something for everyone. The currently planned facility will include e
An Indoor Go Kart tracks, 18 hole mini golf, laser tag, virtual golf and a
snack bar serving burgers, pizzas, fries and refreshments. This will all be
All under one roof. Customers will not have to travel hours to do find
Recreation that will fill each individuals needs. We will have it all right
here in Brooklyn Center.
We understand that the concept is ap idea new to the Twin Cities area.
This concept is now in use in fifteen other cities around the United States as
well as in Europe, and has been a major success.
The indoor karting facilities, which we are aware of in the United
States are all located in industrial districts.
t
• The ro os
p p ed building meets the criteria and is located only a few blocks
from the bowling alley, hotels and restaurants. It is within walking distance
from the high school and will provide an employment opportunity for teens.
It would also provide entertainment for families to do together.
I would like to take this opportunity to address a few of the most commonl
asked questions that people have inquired about previously. y
Carbon monoxide levels with the installation of catalytic converters to our
karts the emissions are extremely low. With the installation of a monitoring
system and exhaust fans it will keep levels are a lower rate and are below the
required levels.
In regards to the noise levels, you will not even know that there are karts
running inside the building. When inside the building you are able to speak
at a normal level with 15 karts running on the track at the same time.
Safety is one of our first concerns and every one will be provided a helmet to
wear while racing. Strict rules for conduct on the track will be followed.
• Any individual who does not follow the rules will not be allowed to
participate in the future.
Please feel free to contact me with any other questions or concerns at any
time. My phone number at work is 854 -0098. Cell phone 272 -3198 and my
home number is 560 -3947. You may also contact Renee Stoddard, co -owner
of Fastrax Indoor Entertainment.
Thank you for your time in reviewing this matter.
Sitioerely,
Sam Baxter