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HomeMy WebLinkAbout1995 03-02 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 2, 1995 CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Willson at 7:35 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Mark Holmes, Ella Sander, and Graydon Boeck. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Ruth McLaurin APPROVAL OF MINUTES - February 16, 1995 Chairperson Willson noted one change on page three, his name was misspelled. There was a motion by Commissioner Booth and seconded by Commissioner Holmes to approve the minutes of the February 16, 1995 Planning Commission meeting as amended. The motion passed unanimously. CHAIRPERSON'S EXPLANATION Chairperson Willson explained 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. DISCUSSION ITEMS The Secretary briefly reviewed an ordinance establishing a moratorium on adult establishments. He indicated a companion emergency ordinance and resolution had been passed by the City Council at their meeting of February 27, 1995. The Secretary noted there is no action or recommendation this evening. He indicated this ordinance will be for review by the Planning Commission, a moratorium has been set, this will provide a period of one year, where the Commission may make any recommendations to the Council for amendments to this ordinance. The Secretary reviewed briefly the ordinance,he indicated additional studies will be available for the Commission to read. 3-02-95 1 The Secretary indicated adult establishments can not be prohibited in the City, but zoning districts and requirements can be applied. He noted currently an adult establishment can not be located less than 250 feet from the nearest property line of any land in a residential zone, or any public day care, library, park, religious institution, playground or other public recreational facility in any zoning district. Chairperson Willson inquired if the location of an adult establishment has to be within a C-2 zoning district. The Secretary indicated this to be correct, however, they could be located or allowed in other districts. The Secretary indicated it is his understanding that the 250 feet would be in regards to, property line to property line. The Secretary noted the location of the establishment will be the cornerstone to the ordinance. The Commission will want to review locations, so as not to locate all the adult establishments in one concentrated area, perhaps limiting establishments within an area. Commissioner Sander indicated this type of establishment will also effect the property value of those surrounding it. Commissioner Sander inquired if rezoning is necessary to provide for an area for this type of establishment. The Secretary indicated, no, but the City also can not prohibit this type of establishment, or in other words zone them out. Commissioner Sander inquired if the City has to allow this type of establishment at the detriment of others. The Secretary indicated the City has to review what is in the best interest of the City, to fight a court battle that will be lost, or to establish areas allowable for adult businesses in the beginning. Commissioner Boeck inquired if the ordinance is currently in place. The Secretary explained the ordinance is in place, but a moratorium has been set, providing for the changing of the ordinance during a one year period. Commissioner Boeck inquired, would the Commission be reviewing this ordinance. The Secretary indicated,this to be correct, and the Commission will provide the Council with its recommendations. The Secretary indicated the Commission will review effects regarding zoning, definitions, and review specifications. He indicated the City Attorney will also be reviewing the matter during this moratorium. Commission Holmes inquired if information from other cities can be used. The Secretary indicated that would be appropriate, and additional studies will be available to the Commission for review and information. 3-02-95 2 Commissioner Booth inquired as to how the 250 feet was established. The Secretary noted this was chosen as a line of defense, but could be changed as well and any other portion of the ordinance. The Secretary indicated a map can be provided to show location and establish area appropriate for this type of establishment. Commissioner Booth inquired if the 250 feet would be from property line to property line. The Secretary indicated this would be his understanding. Commissioner Booth indicated the way it read in the ordinance, it would be 250 feet from the building, which would make it different. The Secretary indicated he would review this and would clarify for the Commission. Commissioner Holmes inquired if the use of CD-ROM and other software would be included in the bookstore section. The Secretary noted that this would be reviewed. The Secretary indicated staff would need to provide further details and form an ordinance, and then receive additional comments from the Commission. Chairperson indicated he would like to review reports. The Secretary indicated he would provide copy of the reports for the Commission. Commissioner Booth indicated under Section 1.12, the word moral might not be appropriate, the City can not establish morals for the citizens. The Secretary indicated this would be reviewed. OTHER BUSINESS The Secretary noted.the next meeting will be on March 16, 1995. ADJOURNMENT There was a motion by Commissioner Sander and seconded by Commissioner Booth to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:40 p.m. Chairperson Recorded and transcribed by Ruth McLaurin TimeSaver Off Site Secretarial 3-02-95 3 1 1