Loading...
HomeMy WebLinkAbout2012 01-26 PCPPLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JANUARY 26, 2012 STUDY SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes — January 12, 2012 4. Administer Oath of Office: Carlos Morgan 6. Election of 2012 Chair 7. Election of 2012 Chair Pro Tern 8. 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. 9. City of Brooklyn Center, Minnesota Planning App. No. 2012 -001 PUBLIC HEARING — proposed amendment to the City of Brooklyn Center's 2030 Comprehensive Plan Update by changing an "OS- Office /Service Business" land use designation to "Mixed Use — OS /I (Office- Service Business /Industrial) for the property located at 4001 Lakebreeze Avenue North (and generally located and bound by Azelia Avenue to the west, Lakebreeze Avenue to the north, and HWY 100 to the east and south). 10. Discussion Items 11. Other Business 12. Adjournment 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 JANUARY 12, 2012 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:08 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Stan Leino and Carlos Morgan were absent and excused. APPROVAL OF MINUTES — DECEMBER 15. 2011 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to approve the minutes of the December 15, 2011 meeting as submitted. The motion passed unanimously. ADJOURNMENT There was a motion by Commissioner Kuykendall, seconded by Commissioner Parks, to adjourn the 2011 Planning Commission. The motion passed unanimously. The meeting adjourned at 7:10 p.m. ADMINISTER OATH OF OFFICE Mr. Benetti administered Oath of Office to Michael Parks. CALL TO ORDER — 2012 PLANNING COMMISSION The 2012 Planning Commission was called to order by Acting Chair Rahn at 7:11 p.m. ROLL CALL 2012 PLANNING COMMISSION Acting Chair Sean Rahn, Commissioners Kara Kuykendall, Michael Parks, and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Stan Leino and Carlos Morgan were absent and excused. ELECTION OF 2012 CHAIR AND CHAIR PRO TEM Since the full Commission was not in attendance, it was the consensus of the Commission to postpone election of the Chair and Chair Pro Tem to delay the nominations until the next Planning Commission meeting. CHAIR'S EXPLANATION Chair Rahn 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, Page 1 1 -12 -12 the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. DISCUSSION ITEMS Update and clarification for the request to redevelop the former Northwest Athletic/Lifetime Fitness site, 4001 Lakebreeze Avenue North. Reconsideration of the land use amendment scheduled for January 26, 2012. Mr. Benetti reminded the Commission that at the December 15, 2011 Planning Commission meeting there was a presentation and discussion regarding Mr. Paul Hyde's proposal to rezone the property located at 4001 Lakebreeze Avenue North (from C -2 Commerce to I -1 Industrial). He further explained that there was also a request to amend the City's 2030 Comprehensive Plan in changing the underlying land use of the subject property from its current "OS- Office Service/Business" to an "I- Industrial" land use category. This amendment would make the proposed rezoning compliant with the City's adopted Comprehensive Plan. He further explained that the rezoning application had been tabled and staff had recommended that the Commission forward a recommendation to the City Council on the land use amendment only. Following the December 15 meeting, it was determined that real findings to support this amendment had not been adequately addressed, therefore, staff withdrew the item from the January 9, 2012 City Council meeting to bring back to the Commission for reconsideration at the January 26, 2012 Planning Commission meeting. At that time, it is anticipated that the proposed rezoning will be for a mixed use. Consideration of the 2012 Community Development Activities Map Mr. Benetti presented ongoing development and planning activities from 2011 and also updated the Commission on the 2012 Community Development Activities Map. Ongoing Planning Activities • Twin Lakes Regional Trail Extension — 57 Avenue corridor • Twin Lakes Regional Trail to Shingle Creek Regional Trail • Environmental clean -up plan for the Howe Fertilizer site • Shingle Creek Trail adjacent to Community Center • Northport Elementary School and Northport Community Park Planning 2012 Development Activities • Luther Auto Group — Phase III • Northwest Family Services Center - 71 Avenue/NW Family • Northwest Athletic Club /Lifetime Fitness site (4001 Lakebreeze Avenue) • Shingle Creek Crossing a) PUD amendments b) Sears store • Maranatha Nursing Home and Care Center (5401 -5415 69 Avenue North) — Remodel and addition • Central Commerce District a) Opportunity Site b) Former Jerry's Foods site Page 2 1 -12 -12 • New Millennium Academy - proposed charter school at Palmer Lake Plaza- 6850 Shingle Creek Pkwy • Eastbrook Estates 2 Addition • Redevelopment of EDA Properties a) Embassy Suites Phase II site b) Former Olive Garden/Cracker Barrel site Following Mr. Benetti's presentation, the following discussions occurred: Commissioner Parks talked about the intersection overpass over Hwy 100 at France Avenue and how that impacted the businesses off France and traffic to the sites. He added that he has stated in the past that he feels there is a need for a similar ramp at the County Road 10 and Hwy 100 to allow traffic to flow better onto the commercial sites. Commissioner Parks suggested that the vacant land at 57 and Logan would allow adequate space to develop an overpass. He added that the bridge is old and perhaps the State could be approached regarding replacing the bridge and adding an overpass. Commissioner Kuykendall added that the way it is laid out the commercial sites west of Hwy 100 have visibility from Hwy 100 but no way to take the traffic off County Road 10 to those sites. Commissioner Kuykendall stated that she would like the traffic around the proposed development of 4001 Lakebreeze Ave to limit truck traffic so the residential properties across the street are not affected negatively. She added that she wants the development to be a success since Mr. Hyde has a good track record in the city. Mr. Benetti responded that staff is looking at options to present to Mr. Hyde regarding the truck traffic around the site. Mr. Eitel added that the proposed development will need to demonstrate that there is no negative impact on the surrounding neighborhood. Acting Chair Rahn asked if Sears is anticipating making any upgrades to their store. Mr. Eitel responded that staff is still waiting to hear what their plan is. He added that rumors are that Sears stores may be downsizing and focusing on hard goods such as Kenmore and Craftsman, rather than the department store layout. Mr. Benetti explained that staff has met with the representatives of Presbyterian Homes regarding a proposal to build a new three story building long term care /assisted living facility on the site where the Maranatha Homes is located. Once that is complete, they plan to move the existing 97 residents to the new facility and tear down what is currently the nursing home facility. He added that as financing becomes available, they will possibly add more units. Mr. Benetti added that there are some zoning issues that will need to be addressed and resolved before the project can move forward. Also, this proposed development could involve another land use amendment to the Comprehensive Plan to accommodate the new use on the site. Mr. Benetti further explained that this proposed development may be accomplished through the Planned Unit Development approval process. Update of the City's Landscape Points System/Tree Preservation Policies Page 3 1 -12 -12 Mr. Benetti reviewed that at the December 15, 2011 Planning Commission meeting staff had been directed to review the City's landscape point system policy and related tree /woodland preservation regulations. Staff is suggesting that the following communities be researched and asked the Commission to suggest any additional to be added the list: Crystal, Fridley, Golden Valley, Maplewood, New Hope, Richfield, Roseville, Shoreview, White Bear Lake Mr. Benetti also stated that he has already begun researching Burnsville's tree regulations as previously suggested by Commissioner Parks. Mr. Benetti added that staff will expand their investigation to include architectural standards since the Commission may be called upon to formulate a new set of standards in the future. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Kuykendall seconded by Commissioner Parks, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:25 p.m. Recorded and transcribed by: Rebecca Crass Page 4 1 -12 -12 Chair Planning Commission Information Sheet Meeting Date: January 26, 2012 Application No. 2012 -001 Applicant: City of Brooklyn Center Location: 4001 Lakebreeze Avenue N. Request: Request for Comprehensive Plan Land Use Amendment from "OS- Office /Service Business" to "Mixed Use — OS /I (Office - Service Business /Industrial) INTRODUCTION The City of Brooklyn Center is requesting to change the planned land use of an area in the community, from its current OS- Office /Service Business to a "Mixed Use — OS /I (Office - Service Business /Industrial)" land use. The subject area is generally located in the southwest quadrant of the City, bounded by Azelia Avenue to the west, Lakebreeze Avenue to the north and Hwy 100 to the east and south. The subject property is addressed as 4001 Lakebreeze Avenue North. To facilitate this change, the City needs to amend the City's adopted 2030 Comprehensive Plan. This specific amendment would consider revising the current underlying land use of "OS- Office Service Business" to include an "industrial" element, which would allow a "Mixed -Use Office - Service /Industrial land use designation. Should the Planning Commission provide a favorable recommendation and City Council accepts the amendment, Staff will request authorization to submit an official application of said amendment to the Metropolitan Council, as required by the Metropolitan Land Planning Act. This report will provide background information, an analysis, and suggested recommendations to this land use amendment request. This item is being presented under a public hearing, with proper notice published in the local newspaper and mailed to the surrounding property owners. BACKGROUND The 4001 Lakebreeze Avenue property was formerly home to Northwest Athletic Club, which was acquired by Lifetime in 2006. Shortly thereafter, the club facilities were demolished and the site cleared. This parcel is approximately 7.4 acres in size and is currently zoned C -2 (Commerce). The former Denny's Restaurant parcel located immediately east of the Lifetime site was condemned by MnDOT in 2003 as part of the reconstruction of the TH 100 project. This remnant parcel is approximately 1.27 acres in size and was originally zoned C -2 (Commerce) when it functioned as the restaurant. Subsequent zoning map revisions identified this parcel as generic "right -of -way" category. The underlying land use was revised from "Retail Business" in the 2020 Comprehensive Plan to "Roadways" in the 2030 Plan update. The total combined area of these two parcels is 8.67 acres of land for redevelopment purposes. For the purpose of this report, the combined parcels are referred to as the "subject site." PC 01 -26 -12 Page 1 of 13 The Highway 100 improvement project, completed in 2006, converted the nearby on- grade, signalized intersection of France Avenue and Hwy 100 into a typical, freeway on/off ramp designed interchange. These highway improvements with the France Avenue overpass included a raised road -bed entrance /exit ramps onto Hwy 100. These raised ramps and retaining wall systems located along the easterly and southerly edges of the site greatly impact the visibility of the subject site from Hwy. 100 , which has affected the marketablilty, value and highest and best use of this site for retail and /or commercial uses. The subject area consists of two separate parcels; the former Northwest Athletic Club and the former Denny's Restaurant developments. Real Estate Recycling (RER) is seeking the opportunity to redevelop these two parcels with a new 123,758 sf. office / manufacturing / warehouse facility. A critical component of this redevelopment is the site must be rezoned from its current C -2 (Commerce) to an industrial zoning or other accommodating district. Prior to any rezoning, the properties must undergo consideration of a land use amendment. RER's development would necessitate the reconstruction of the Azelia Ave. road -bed and installation of a cul -de -sac to accommodate commercial trucks entering/exiting the site. The subject site is surrounded by I -2 Heavy Industry zoning to the north; R -4 Multiple Family Residence to the northwest; R -2 Two Family Residence to the west; and R -5 Multiple Family Residence to the southwest. The I -2 zone is virtually filled -in with existing office /warehouse developments. The R -4 area consists of a number of 4 -plex apartment buildings interspersed with single - family homes. The R -2 zone to the west consists of a number of single - family homes with two - family (duplex) homes; while the R -5 zone contains the Twin Lake Condos complex. This R -5 and part of the adjacent R -2 zoned areas are separated or buffered from this redevelopment site by a large natural berm and mature tree line along this boundary line. The remaining portion of the R -2 zone is separated by the dead -ended road section of Azelia Avenue North. During preliminary testing and soil investigations of the subject site, RER discovered some potential volatile organic compounds and petroleum compounds which may require soil clean up and remediation work. Some of this contamination may have been a direct result of the former Joslyn Pole Yard Manufacturing (wood treatment) site to the north. The City, in conjunction with RER has applied for grants through the Department of Employment and Economic Development and Met Council's Tax Base Revitalization programs to assist in funding a Phase II Site Investigation Work Plan. On December 16, 2011, the City was notified by DEED that we received a $50,000 grant to assist in the investigation of contaminants on the subject site. LAND USE & ZONING HISTORY In reviewing early city records, including previously adopted comprehensive plans and zoning maps, it appears this property has undergone a number of changes throughout the last four decades. A 1957 aerial view shows the site was vacant with what appears to be a small farm- house near the southwest corner, and the Joslyn Pole Yard company site located to the north. In 1961, the subject site was zoned I -1 (Limited Industry). PC 01 -26 -12 Page 2 of 13 1957 Aerial 1961 Zoning PC 01 -26 -12 Page 3of13 In November 1966, the City adopted its first comprehensive plan. The land use plan map identified the city's 20 -year planned land use designations from 1965 to 1985. The subject site was identified under this future land use plan as "Single Family" uses. The areas to the north were guided as Industrial (Joslyn site) and Multi - Family. INDUSTRIAL I MULTI - FAMILY SINGLE - FAMILY Sometime between 1961 and 1974, the subject site and surrounding properties were rezoned from I -1 to I -2 (General Industry), as shown on the old zoning map in the lower right. The subject site appears to remain vacant, with the Davies Water Supplies and Dale Tile companies shown just north of the site. PC 01 -26 -12 Page 4 of 13 1971 Aerial 1974 Zoning In 1975 the Dale and Davies families created Dale and Davies 1 Addition on their properties to the north of the subject site, and the Dale family created Dale and Davies 2nd Addition on the subject site to the south in 1977. In that same year, Dale and Davies rezoned (Ord. No. 77 -7) the two property sites from 1 -2 to C -2 (Commerce). Since that time, the subject site has remained C- 2 while the northern properties eventually converted back to I -2 (General Industry). In 1982, the City updated and adopted the 2000 Comprehensive Plan. Under this plan, the subject site was identified under the existing land use map as "Undeveloped" and "Commercial" (the Denny's parcel). The future land use map (lower right) indicated the undeveloped segment should be revised to "Commercial" as well. The plan provided a justification to this study area and other preferred land use changes based on the overarching statement that "certain land parcels have become ripe for redevelopment; either to a new and different type use or to a more intense activity." Furthermore, the Plan stated that these revisions "... indicate the recommended uses of particular land parcels which the City of Brooklyn Center feels should be amended in zoning and/or those parcels which are vacant and simply receiving a reaffirmation of the City's intent for them." PC 01-26-12 Page 5 of 13 15. Public Open Space 16. Public Open Space 17. Mid-Density Residential 18. Light Industrial 19. Commercial 20. Low-Density Residential 21. Service/Office 22. Low-Density Residential In 1998, the City again adopted its 2020 Comprehensive Plan update, and under that plan, the subject site was revised to the "Retail/Business" land use category. This RB land use complies with the existing and approved C-2 zoning on the subject site. Single-Family Residential I I Office/Service Business Two -Family Residential 1 1 Parks and Open Space Medium-Density Residential I I Industrial High-Density Residential I 1 Public and Semi-Public Retail Business I I Undeveloped lake/Creek Finally, in 2010, the City adopted its 2030 Comprehensive Plan update, which revealed once again a change to the subject site from the previous 2020 Plan's "Retail- Business" to a new "OS- Office /Service Business" category. PC 01 -26 -12 Page 6 of 13 (Note: the Denny's/MnDOT parcel was revised to "Roadways" under this plan.) Legend EXi,tin61 =u ei� nea Future Use Sin]le Family SF Two or Three Family TF Townhome (Medium Density) TM Multi Family (High Density) MF Office /Sr once Business OS Retail Business RB It dustrial 1 Relined or Utility RU Public and Semi- Public PS Schools S - Parks, Re :reader, or Open PRO - Vacant lake:: and Rivers Re adways i iirport The 2030 Comp Plan did not provide specific reasoning or justification in changing this land use category on the subject site. The updated land use plan did however, provide the following statements: "This Land Use Plan is intended to be flexible enough to respond to changing circumstances and market demands. The zoning ordinance more strictly defines the range of use possibilities. Some parcels show two or more potential land uses where more than one use seems appropriate, or show a use that may become feasible over the long -term rather than in the near future. As an example, a single - family home in need of redevelopment may be designated retail business or office service because of its location on an arterial roadway, but may continue to be zoned single - family until such time as redevelopment is proposed. Other areas need further study before any changes in land use are proposed." The 2030 Plan also provides descriptions for these new land use categories, which are indicated on the following map illustration and noted as follows: Commercial /Industrial Land Use • Office /Service Business (OS) — Predominantly administrative, professional, or clerical services, including medical clinics. • Retail Business (RB) — Provision of goods or services. • Industrial (I) — Primarily manufacturing and /or processing of products; could include light or heavy industrial land use, or large warehouse facilities. PC 01 -26 -12 Page 7 of 13 As part of the "flexibility" indicated earlier, the 2030 Plan also provided planned mixed uses, which was supported by the Comp Plan's land use plan statement: "...parcels [may] show two or more land uses where more than one use seems appropriate, or show a use that may become feasible over the long -term rather than in the near future." For example, the Opportunity Sites within the Central Commerce District are shown with TH/MF /OS/RB/PS (Townhomes/Multi - Family /Office - Service/Retail Business/Public Services); the Shingle Creek Industrial Park, which provides a mixture of office- services, hospitality and retail /commercial users along with existing light industrial uses; and Brooklyn Boulevard Corridor with similar mixed land uses along this important north/south major arterial roadway system. ANALYSIS The following analysis will be based on offering an "industrial" element to the existing OS- Office /Service Business land use, and consider a new mixed land use designation of Mixed Use OS/I - Office - Service Business/Industrial ". If the Planning Commission and City Council accept this land use amendment, the subject site would likely be presented under future consideration of rezoning from C -2 (Commerce) to a PUD -Mixed C -2 /I -1 (Commerce /Industrial Park) district. The analysis contained in this report does not include any findings or supporting statement related to this proposed rezoning. This analysis will only provide justification and reasoning to support this amendment which Staff believes are based on a number of factors, with the following being important for the Planning Commission's consideration: 1) Current market conditions of the area and community; 2) Highway 100 Improvements, including the adjacent France Avenue /Lakebreeze Avenue interchange; 3) Recent development inquiries on the subject site, including: a. RER's office warehouse facility; b. Surly Brewing's new headquarters, which would include an expanded brewery, tap room, restaurant with a conference /meeting facility; and c. FBI's Regional Filed Office was a candidate site, which was dismissed due to location (proximity to support retail - commercial services) and lack of transit services. The City Code does not provide a set of criteria or means of determining a land use amendment of this nature; therefore, Planning Staff is electing to utilize those criteria listed under the City's "Rezoning Evaluation Policy and Review Guidelines" contained in Section 35 -208 (revised for the purposes of this analysis section) to discern or ascertain the merits of this land use change. a. Is there a clear and public need or benefit [for this land use amendment]? It is staff's opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the City. The current office /warehouse facilities and operations to the north of this site (i.e. Caribou Coffee, Toro, Wagner Spray Tech) have created a proven track - record of successes in this area for these types of office /warehouse developments. The redevelopment of this site will provide a balance to the overall business needs of the community and the other needs of adjoining properties. The redevelopment will provide an increase to the tax base in the community and may provide full -time employment opportunities. Addressing the clean-up of polluted soils that can pose a risk to health and the environment is an obvious public benefit and creating jobs on a site that is vastly underutilized. The proposal addresses the public needs and benefits in a way that makes it possible for the developer to do so in an economically feasible manner. The Applicant intends to correct and clean-up the polluted soils are currently affecting or impacting this site, which represents a significant risk to human health and the environment. The site currently vacant brings zero jobs and minimal tax base to the site. Redevelopment will remove the pollution, clean up the site and bring jobs and higher tax base to the City. b. Is the proposed land use amendment consistent and compatible with the surrounding land use classifications? It is staff's belief that the proposed land use amendment would be consistent with those uses north of Lakebreeze Avenue in the Twin Lakes Business Park, and would remain PC 01 -26 -12 Page 8 of 13 c. Can all proposed uses in the proposed land use amendment area be contemplated for development of the subject property? Under a future planned unit development, the City Staff can identify and plan for specific uses to be developed under the overall PUD site. This will enable the City and Developer(s) an ideal means of selecting and targeting those specific uses that are most appropriate for this area and would be a good fit for the neighborhoods. Under a straight C -2, I -1 and/or I -2 zoning district, a large number of uses would be permitted or allowed by special use. By creating this Mixed OS /I land use, followed by a PUD -Mixed C -2 /I -1 zone, the City can designate specific or allowable uses, and specify special requirements as necessary. d. Have there been substantial physical or land use changes in this area since the subject property was amended? In reviewing previous zoning records and land use maps, the zoning and land use in this area has seen a number of changes throughout the years. The last zone change on this site took place in 1977 (from I -2 to C -2); however, the subject site has seen a number of land use changes in the past four decades. For the most part, the underlying land use has kept pace with the C -2 zoning established on the subject site since 1977. PC 01 -26 -12 Page 9 of 13 compatible with the already established surrounding land uses and neighborhoods. As stated previously, the redevelopment site is subject to added setbacks and buffering requirements, especially from adjacent residential uses. These increased setbacks, screening and landscaping measures will reduce the impacts to the residential areas. Staff would further comment that the proposed amendment should be consistent and compatible with surrounding land use classifications from the standpoint that this site served as a very busy commercial enterprise (health club) for number of years before its removal in 2006, and the potential mix of retail business and clean industrial uses should be less intensive than what the stand -alone C -2 zoning would allow today. New uses under this mixed land use can co -exist with abutting properties provided appropriate screening and buffering is maintained and other requirements of the overlay zoning district are maintained as well. For further consideration, appended to this report are the I -1 (Industrial Park) uses; C -2 (Commerce) uses; and C -1 and C -1A (Service /Office) uses. Please take careful notice of the differing uses (both permitted and special uses) found under each district. The obvious physical change on the subject site was the demolition and site clearance of the former Denny's Restaurant in 2003; the Northwest Club facilities in 2006; and the Hwy. 100 improvements, especially the intersection interchange and ramps. With the removal of these former developments, and the physical results created by Hwy. 100/France Avenue intersection improvements, the owners and City has been dealing with a "raw -land" situation since 2006, which began a slow decline in the viability of the site with a new retail or commercial (C -2) type development. e. In the case of City initiated land use amendment proposals, is there a broad public purpose evident? The land use amendment will provide an opportunity to redevelop a site that has been sitting vacant for a number of years. The broad public purpose to initiating this land use amendment was created due to the situation or circumstance surrounding the improvements made under the Hwy. 100 project, which resulted in this site not being entirely suited for retail or commercial uses, or even large -scale offices or corporate headquarter type uses. The amendment will also provide the following added benefits to the community• i) redevelopment of a tract of land that has remained vacant and under- utilized for number of years; ii) an opportunity to provide a site clean-up project and reduce or eliminate any current or future environmental impacts; iii) an increase to the manufacturing /processing sector of the community; iv) increase the employment opportunities for the residents and surrounding communities; and v) provides an increase to the overall tax -base. f. Is the subject property generally unsuited for uses permitted in the present land use cateeory with respect to size, configuration, topography or location? As noted previously, the current OS Office /Service Business land use category would provide for such uses as "Predominantly administrative, professional, or clerical services, including medical clinics." In Staff's opinion, this area is not entirely established or suitable for this land use or type of uses, which fall under a typical C- 1 /C -1A Service Office district uses. These uses are more appropriately found and designated in the PC 01 -26 -12 Page 10 of 13 The recent change to OS- Office /Service Business reflected the changes to HWY 100 and the freeway interchange, and the market conditions of the day. The loss of frontage and visibility due to this highway improvement created a need to re- examine this area and provide an alternative to Retail Business land use. Regardless of this fact, the proposed Mixed OS/I land use will provide an opportunity to change the C -2 Zone to a much more flexible and workable PUD -Mixed C -2 /I -1 zoning. If appropriate screening and buffering can be provided to the residential areas, the intended use of this property for light commercial and/or light industrial purposes is an acceptable change. Making the site consistent with the development to the north can be considered a positive for the City. The amendment may also provide an immediate opportunity to RER to forge ahead with their development plan, which may in turn meet or satisfy these benefits noted herein. RER's plans may also provide an ideal example of a successful marketing of an economic development plan, potential notoriety to the community with future tenants, and stability to the neighborhood. g. PC 01 -26 -12 Page 11 of 13 Central Commerce District or the community's established major arterial road systems, such as Brooklyn Boulevard. The topography leaves the site lower than the adjacent Highway 100 roadway system, which would require elevating or building a large, multi- story building to increase frontage or visibility of the office- building site commonly expected in similar office complexes. The subject site is also located approximately 3 /a to 1 mile from other retail and commercial uses, and the same distance away from any transit services. The site is more geared for a large corporate headquarters, which may also be difficult to attain due to limited visibility. By adding the industrial element to this Office /Service Business guided land site, this will provide the flexibility the City is seeking in establishing a more viable and workable "mixed -use" development on this site. Will the land use amendment result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? 1) The current Comp Plan states the Land Use Plan is intended to be flexible in response to changing circumstances and market demands. The Comp Plan provides the objective of promoting the redevelopment of obsolete, underutilized or vacant sites into uses that address the needs in the marketplace. This particular land use amendment would provide an option to redevelop a new commercial or industrial type use(s) or mix of the two on this vacant, underutilized site. The proposed creation of a new PUD -Mixed C -2/I -1 zone would keep part of the commercial zoning intact while allowing a slight expansion of industrial uses to this area, which is already in place. 2) The 2030 Comp Plan indicates only 2 acres of vacant, industrial land are available to the community. This amendment would expand the availability of industrial land, and also keeps the viability of commercial land on the table. 3) It is staff's belief that this land use amendment is in the best interest of the community, as it provides a real and possible immediate opportunity to redevelop a vacant, underutilized site. The amendment is supported by the goals and objectives of the city's 2030 Comprehensive Plan. Staff further believes this amendment appears to have merit beyond just the particular interests of the Applicant/Developer and should lead to a redevelopment that should be considered consistent and compatible with surrounding land uses. As mentioned previously, the proposal can be considered in the best interests of the community noting particularly the clean-up of a polluted site and a relatively clean development. h. Does the land use amendment proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Staff believes that the land use amendment has merit beyond just the particular interests of the City and /or the developer(s), in that it provides an ideal opportunity for a planned unit development with mixed -use capabilities. It will lead to a development that can be RECOMMENDATION Staff recommends the Planning Commission provide a recommendation to the City Council to approve and process a land use amendment to the 2030 Comprehensive Plan, specifically that the subject site described herein, is amended from the current "OS- Office Service /Business" to a "Mixed Use — OS/I (Office - Service/Industrial)" land use designation, subject to the following conditions: PC 01 -26 -12 Page 12 of 13 consistent and compatible with surrounding land uses. The amendment would provide a an opportunity for quality development that is consistent with the City's Comprehensive Plan and be considered in the general best interests of the community. 1) The Metropolitan Council approval of the land use amendment change of this site from its current OS- Office /Service Business to the proposed "Mixed Use — OS/I (Office- Service /Industrial)" designation. Furthermore, Staff believes this recommendation and requested amendment can be supported based on the following objectives and goals listed in the 2030 Comprehensive Plan (which are also memorialized in the attached Planning Commission Resolution No. 2012 -01: 1. The proposed land use amendment will improve the appearance of the city and enhance the quality of life, property values and civic pride in this Southwest neighborhood area; 2. The proposed land use amendment may help reduce and eliminate incompatible relationships among land uses (such as industry vs. housing). 3. The proposed land use amendment will reduce the geographic over - concentration of particular types of land development when that pattern has become a negative influence on the community. 4. The proposed land use amendment will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial and industrial sectors; eliminates an obsolescent or deteriorating land use; and stimulates new investment in the neighborhood and community. 5. The proposed land use amendment will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. helps to increase employment opportunities, possible retail sales, rental occupancy and tax base; ii. provides for the redevelopment of an obsolete, underutilized and vacant sites into a possible use(s) that address needs in the marketplace, and provides a more pedestrian- friendly atmosphere by including a regional trail connection as part of any future development plan; and 6. The proposed land use amendment will provide an opportunity to create a new zoning district provides for a more flexible mix of land uses and to encourage good design. PC 01 -26 -12 Page 13 of 13 iii. the new site will use shared parking as a means of potentially increasing density and diversity of uses. Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2012 -01 RESOLUTION RECOMMENDING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FROM OS- OFFICE /SERVICE BUSINESS TO MIXED -USE OS /I — OFFICE - SERVICE BUSINESS /INDUSTRIAL, RELATIVE TO THE COMMERCIAL ZONED LAND GENERALLY LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY, BOUNDED BY AZELIA AVENUE TO THE WEST, LAKEBREEZE AVENUE TO THE NORTH, AND HWY 100 TO THE EAST AND SOUTH OF THE PROPERTY (ADDRESS IS 4001 LAKEBREEZE AVENUE NORTH) WHEREAS, on March 11, 2010, the Planning Commission unanimously approved the adoption of Planning Commission Resolution No. 2010 -01, a resolution recommending that the Brooklyn Center City Council adopt the 2030 Comprehensive Plan Update; and WHEREAS, on March 22, 2010, the City Council unanimously approved the adoption of Resolution No. 2010 -65, a resolution adopting the 2030 Comprehensive Plan Update; and WHEREAS, LTF Real Estate Company, Inc. owns a 7.39 acre parcel generally described in the heading of this resolution and which parcel is addressed as 4001 Lakebreeze Avenue North, and the State of Minnesota owns a 1.27 acre remnant parcel adjacent to and immediately east of the LTF owned parcel, and which two parcels as noted herein shall be known as the "Subject Site "; and WHEREAS, Real Estate Recycling, Inc. (RER) is proposing a redevelopment plan on the subject site of an approximate 124,000 sq. ft. office /manufacturing/warehouse facility, which requires rezoning, site and building plan and platting to complete; and WHEREAS, the current zoning of C -2 (Commerce) and underlying land use OS- Office /Service Business as identified in the 2030 Comprehensive Plan would not allow the redevelopment of this site as planned by RER under such zoning and land use category; and WHEREAS, the City of Brooklyn Center initiated this land use amendment to the 2030 Comprehensive Plan in order to change the current land use designation of OS- Office /Service Business to Mixed -Use OS /I — Office - Service Business /Industrial; and WHEREAS, subject to a successful outcome of this land use amendment action, the City will recommend RER consider a new planned unit development under a new PUD -Mixed C- 2/I-1 (Commerce /Industrial Park) zoning classification on the Subject Site, to be considered under separate action and public hearing at a future Planning Commission meeting; and 1 WHEREAS, the Planning Commission held a duly called public hearing on January 26, 2012, whereby a planning staff report was presented and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the land use amendment request in light of all testimony received, the guidelines for evaluating and determining the land use amendment as contained in the January 26, 2012 planning staff report, and the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that the land use amendment to change the current land use designation of OS- Office /Service Business to a Mixed -Use OS /I — Office-Service Business /Industrial on the subject property, be approved based upon the following findings: 1. The proposed land use amendment will improve the appearance of the city and enhance the quality of life, property values and civic pride in this Southwest neighborhood area; 2. The proposed land use amendment may help reduce and eliminate incompatible relationships among land uses (such as industry vs. housing). 3. The proposed land use amendment will reduce the geographic over - concentration of particular types of land development when that pattern has become a negative influence on the community. 4. The proposed land use amendment will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial and industrial sectors; eliminates an obsolescent or deteriorating land use; and stimulates new investment in the neighborhood and community. 5. The proposed land use amendment will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. Will help to increase employment opportunities, possible retail sales, rental occupancy and tax base; ii. Provides for the redevelopment of an obsolete, underutilized and vacant sites into a possible use(s) that address needs in the marketplace, and provides a more pedestrian - friendly atmosphere by including a regional trail connection as part of the Developer's site plan; iii. The new site will use shared parking as a means of potentially increasing density and diversity of uses. 2 6. The proposed land use amendment will provide an opportunity to create a new zoning district provides for a more flexible mix of land uses and to encourage good design. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that that the land use amendment to change the current land use designation of OS- Office /Service Business to a Mixed -Use OS /I — Office - Service Business /Industrial be approved subject to the following conditions: ATTEST: 1. The Metropolitan Council approval of the land use amendment change of this site from its current Office /Service Business to the proposed "Mixed -Use OS /I — Office-Service Business /Industrial" designation. Date Chair 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: Chair , Commissioners and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 3 Section 35 -330. I -1 INDUSTRIAL PARK. 1. Permitted Uses a. The following manufacturing activities: 1) Food and kindred products as illustrated by: City of Brooklyn Center Dairy products Bakery products Confectionery and related products Beverages, including beer, wine, and distilled alcohol 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 planning mills producing a dimensioned lumber. 4) Furniture and fixtures. 5) Converted paper and paperboard products (as opposed to paper and 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) 8) Miscellaneous plastic products. 9) Fabricated metal products as illustrated by: Office computing and accounting machines Household appliances Electrical lighting and wiring equipment Communication equipment, including radio and television receiving sets Electronic components and accessories Screw machine products City Ordinance 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 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, furniture, 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) Laundering, 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 City of Brooklyn Center City Ordinance 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. Snecial Requirements a. See Section 35 -413 of these ordinances. 3. Snecial Uses a. Foundries, provided that the foundry operation is a necessary incident to a principal use permitted in the I -1 district. b. Textile mills. c. Retail 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 which, in each specific case, are demonstrated to the City Council to be: 1) Compatible with existing adjacent 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 I -1 district generally. 3) Of comparable intensity to permitted I -1 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 the industrial park or the community. and, which are described in Section 35 -322, Subsection 1 d, e (subparts 1- City of Brooklyn Center City Ordinance g. 6), f, (subparts 2 and 3), g through j; 3 m and 3 p. Such commercial developments shall be subject to I -1 district requirements of Section 35- 400 and 35 -413 and shall otherwise be subject to the ordinance requirements of the use classification which the proposed development represents. Warehousing and storage uses which, in each specific case, are demonstrated to the City Council to be: 1) Compatible with existing adjacent land uses as well as with those uses permitted in the I -1 district generally. 2) Of comparable intensity to permitted I -1 district land uses with respect to activity levels. 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. i. 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. City of Brooklyn Center City Ordinance Section 35 -322. C2 COMMERCE DISTRICT. 1. Permitted Uses a. The retail sale of food. City of Brooklyn Center b. Eating establishments, provided they do not offer live entertainment and further provided that the category does not permit drive -in eating places and convenience -food restaurants. c. The following uses: 1) The retail sale of heating and plumbing 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 d. Service /office uses described in Subsection 1(b) through 1(u), Subsection 1(w), and Subsection 3(c) of Section 35 -320. e. The following repair /service uses: 1) Electrical repair service shops. City of Brooklyn Center City Ordinance The following contract /construction uses: g. City of Brooklyn Center 2) Household appliances, electrical supplies, heating and plumbing equipment. 3) Radio and television repair service shops. 4) Watch, clock and jewelry repair service shops. 5) Reupholstery and furniture repair shops. 6) Laundering, dry 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. 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. 6) Roofing and sheet metal contractors' offices. 7) Concrete contractors' offices. 8) Water well drilling contractors' offices. h. Nonresidential educational uses including Area Learning Centers (ALC), City of Brooklyn Center City Ordinance City of Brooklyn Center post - secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K -12). 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 but not 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 ordinances. j. Other uses similar in nature to the aforementioned uses, as determined by the City Council. k. Drop -in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. 2. Special Requirements a. See Section 35 -412 of these ordinances. 3. Special Uses a. Gasoline service stations (see Section 35 -414), motor vehicle repair and auto washes provided they do not abut an R1, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer 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 the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal building) provided adequate parking is available consistent with the Section 35 -704, 2 (b) and 2 (c). 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. (However, 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.) City of Brooklyn Center City Ordinance 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. o. Automobile and truck rental and leasing. q. City of Brooklyn Center 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 R1, R2, or R3 district, including abutment at a street line. e. The sale of motor vehicles at retail provided the use is conducted on at least a three (3) acre parcel of land containing a structure or structures occupying a minimum of fifteen percent (15 %) of said parcel of land. k. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. 1. Sauna establishments and massage establishments, provided they do not abut any residential (R1 through R7) district, including abutment at a street line. 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 (R1 through R7) districts, including abutment at a street line. n. Amusement centers provided the property on which the amusement center is to be located is not within 150 feet of any residentially zoned (R1 through R7) property. p. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and suntan studios. Group day care facilities provided that such 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. City of Brooklyn Center City Ordinance City of Brooklyn Center City of Brooklyn Center 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. City Ordinance Section 35 -320. Cl SERVICE /OFFICE DISTRICT. 1. Permitted Uses b. Finance, insurance, real estate and investment office. City of Brooklyn Center The following service /office uses are permitted in the C 1 district, provided that the height of each establishment or building shall not exceed three stories, or in the event that a basement is proposed, three stories plus basement: a. Nursing care homes, (at not more than 50 beds per acre), provided, however, that such institutions shall, where required by state law, or regulations of the licensing authority, be licensed by the appropriate state or municipal authority. c. Medical, dental, osteopathic, chiropractic and optometric offices. d. Legal office, engineering and architectural offices, educational and scientific research offices (excluding laboratory facilities), accounting, auditing and bookkeeping offices, urban planning agency offices. e. Places for religious assemblies such as chapels, churches, temples, mosques, and synagogues. 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 collection service offices. 1. Duplicating, mailing and stenographic service offices. m. Employment agency offices. n. Business and management consultant offices. o. Detective and protective agency offices. City of Brooklyn Center City Ordinance p. Contractor's offices. q. Governmental offices. 1) Offstreet parking and offstreet loading. x. Libraries and art galleries. City of Brooklyn Center r. Business association, professional membership organizations, labor unions, civic, social and fraternal association offices. s. 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 but not be restricted to the following: 2) Signs as permitted in the Brooklyn Center Sign Ordinance. 4) The compounding, dispensing or sale (at retail) of drugs, prescription items, patent or proprietary medicines, sick room supplies, prosthetic 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 office supply equipment, newsstands and similar accessory retail shops within multistory office buildings over 40,000 sq. ft. in gross floor area, provided: that there 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 within a building shall not exceed 10% of the total gross floor area of the building. 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. v. Drop -in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. w. Leasing offices, provided there is no storage or display of products on the use site. City of Brooklyn Center City Ordinance 2. Special Requirements City of Brooklyn Center a. See Section 35 -411 of these ordinances. 3. Special Uses a. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. b. Group day care facilities provided that such 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 Cl district generally. 2) Complementary to existing adjacent land uses as well as to those uses permitted in the Cl 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 generated by other uses on the site will not pose a danger to children 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, dancing and the like and studios for like activity. d. Nonresidential educational uses including Area Learning Centers (ALC), post - secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K -12). Section 35 -321. C1A SERVICE /OFFICE DISTRICT. 1. Permitted Uses (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 CIA district. City of Brooklyn Center City Ordinance b. Transient Lodging and Associated Uses. 2. Special Requirements a. See Section 35 -411 of these ordinances. 3. Special Uses City of Brooklyn Center a. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. b. All of the special uses set forth in Section 35 -320 shall be allowed by special use permit in the CIA district. City of Brooklyn Center City Ordinance Section 35 -411. SPECIAL REQUIREMENTS IN Cl AND CIA DISTRICTS. City of Brooklyn Center 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building. Semi - trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. 2. Incineration of waste material shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning official and sanitarian. 3. Where a Cl or CIA development abuts an RI, R2 or R3 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than 15 feet wide with an opaque fence or wall or a Council approved substitute. The protective strip shall not be used for parking, driveways, off - street loading or storage and shall be landscaped. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the Cl or CIA area. A proposed fence or wall shall be no less than four feet in height and shall not extend within 10 feet of any street right -of- way. 4. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -230. No parking shall be permitted within 35 feet of any major thoroughfare right -of -way or within 15 feet of any other right -of -way and the 35 foot or 15 foot area shall be maintained as a green strip. The site layout shall include an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. 5. On developments of sufficient magnitude so as to require on -site water main, sewer main, storm sewer, or storm drainage facilities construction, plans for such 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 utilities construction is required, the land owner or developer shall enter into a utilities maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspection or repairs that are in the public interest. 6. In the case of group day care facilities, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height; or a Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. 7. Nursing care homes shall provide one six inch diameter tree per 14 beds. Tree species shall be long -lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. City of Brooklyn Center City Ordinance Section 35 -412. SPECIAL REQUIREMENTS IN C2 DISTRICTS. City of Brooklyn Center 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building or behind an opaque fence or wall not less than six feet high, or high enough to completely screen the storage or other activity from view of the abutting property at ground level. Semi - trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. The outdoor storage of merchandise during business hours on a private pedestrian walkway located contiguous to the primary building is not prohibited by this section. This requirement shall not apply to the out of door storage and display of new and used motor vehicles or marine craft for which a special use permit has been issued. Neither shall the requirement apply to the out of door retail sale of food at drive -in eating establishments for which a special use permit has been issued. Temporary outdoor storage and display of merchandise may be allowed by permit pursuant to Section 35 -800 of this ordinance. 2. Incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning official and sanitarian. 3. Where a proposed C2 development abuts an R1, R2, or R3 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip of not less than 35 feet in width. The protective strip shall not be used for parking, driveways, off - street loading or storage and shall be landscaped. The landscape treatment shall contain an opaque fence or wall which shall not extend within 10 feet of any street right -of -way. The fence or wall design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the commercial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or wall. 4. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -230. No parking shall be permitted within 15 feet of the street right -of -way and this 15 foot area shall be maintained as a green strip. The site layout shall include an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. 5. On developments of sufficient magnitude so as to require on -site water main, sewer main, storm sewer, or storm drainage facilities construction, plans for such 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 utilities construction is required, the land owner or developer shall enter into a 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. 6. Access from a local street intended primarily to serve residential development may only be allowed upon a finding by the City Council that such access will not negatively affect the residential character of that neighborhood. 7. In the case of group day care facilities, outside recreational facilities shall be City of Brooklyn Center City Ordinance City of Brooklyn Center appropriately separated from the parking and driving areas by a wood fence not less than four feet in height; or Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35 -400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. City of Brooklyn Center City Ordinance