HomeMy WebLinkAbout1997 03-13 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
MARCH 13, 1997
REGULAR SESSION
1. Call to Order- 7:30 p.m.
2. Roll Call
3. Approval of Minutes -February 12, 1997
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.
• 5. Discussion Items:
a. Pawn Shops
b. Telecommunications Towers and Facilities
6. Other Business
7. Adj ournment
MEMO
To: Planning Commission Members
From: Ronald A. Warren, Planning Commission Secretary
Date: March 10, 1997
Subject: Discussion Items for the March 13, 1997 Planning Commission Agenda
On the Planning Commission's March 13, 1997 agenda are two discussion items for the
Commission's review. The first item relates to pawn shops. The City Council has directed the
Planning Commission to look at pawn shop regulations to see if there may be a rational basis for
establishing some additional criteria for regulating such establishments. Particularly,the Council
has directed the Commission to look at the possibility of establishing greater distance limitations
between pawn shops and certain uses, such as, churches, schools, day cares,public libraries, etc.
Also, the possibility of establishing separation requirements between pawn shops themselves.
Another zoning issue to potentially be reviewed would be the possibility of establishing certain
distance separations between pawn shops and residential uses.
• Attached for the Commission's review is various information the staff has presented to the City
Council. Included is a January 23, 1997 memorandum from the City Manager to the City
Council; a January 23, 1997 letter to the City Manager from the City Attorney; a memorandum
from myself to the City Manager dated January 22, 1997; Section 526.27, Subdivision 18 of the
Richfield City Ordinances relating to pawn operations; and copies of a recent survey of various
municipalities with particular attention to licensing requirements of pawn shops. I will be
prepared to discuss with the Commission this information and the direction for a possible review
and ordinance amendment recommendation.
The other discussion item deals with telecommunications towers and facilities. As the
Commission is aware from previous discussions,the City has a policy with respect to
telecommunications towers and facilities. It has been suggested that cities may wish to establish
zoning regulations that specifically define and regulate telecommunications towers and facilities.
The Northwest Suburbs Cable Communications Commission has developed a model
telecommunications ordinance for cities' review. The city staff here has been looking at this
ordinance and we are attempting to put together a recommended draft for Brooklyn Center.
Hopefully, I will have that draft to be handed out to the Commission on Thursday, March 13, for
your review. It is recommended that the Commission discuss this matter and review the possible
ordinance amendment.
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Kragness and Councilmembers C y, Hils . Las , and Peppe
FROM: Michael J. McCauley, City Manager
DATE: January 23, 1997
SUBJECT: Moratorium on Pawn Shops
Attached please find the materials prepared by Ronald A. Warren and Charles L. LeFevere. To
summarize the materials,Mr. Warren has identified several potential zoning issues not currently
addressed in our zoning code. Basically the zoning issues potentially to be considered would be
the City of Richfield approach which provides for certain distances between pawn shops and
other specified uses, and the second issue is whether the City, in looking at the general
commercial zoning, would identify portions of the C-2 zoning that perhaps should be rezoned to
some other commercial designation, which commercial designation would not include a regional
• operation such as a pawn shop.
With respect to licensing,the City's very comprehensive licensing ordinance would appear to
address the public concerns regarding the operation of a pawn shop. If the City Council wished
to consider a moratorium, it would have to relate to zoning since the licensing issues are fairly
well explored and addressed in the ordinance. As indicated in Mr. LeFevere's memorandum,
there are several issues that are involved in the whole concept of a moratorium. To summarize,
in response to the Council's direction, staff has reviewed possible areas of consideration that
would support or provide a rational basis for considering further study of the City's zoning as it
would relate to pawn shops. That review has generated two basic categories of zoning matters.
The first relates to the City of Richfield approach to providing specific distance limitations for
pawn shops, and the second relates to whether portions of the City currently zoned C-2 are
sufficiently different in character from other areas zoned C-2 (i.e., comparing the large regional
C-2 zones generally west of Highway 100 with the smaller C-2 zoned areas north and east of
Highway 100 having significantly smaller land masses and more influence by residential areas).
6301 Shingle Creek Pkwy, Brooklyn Center, XV 55430-2199 - City Hall & TDD Number(612) 569-3300
Recreation and Community Center Phone & TDD Number (612) 569-3400 -FAX(612) 569-3494
An Affirmative Action/Equal Opportunities Employer
KENNEDY & GRAVEN, CHARTERED
470 PILLSBURY CENTER
rvM NI EAPOLIS, MN 55402
(612) 337-9300
FAX # (612) 337-9310
Date: January 23, 1997 Our File No.: BR291-4
TO: Mike McCauley
City of Brooklyn Center
FAX #: 569-3494
FROM: Charlie LeFevere
Direct Dial #: (612) 337-9215
COTNENIEN'TS:
Number of pages including cover sheet: 8
If a problem arises, call Lucy Radler at (612) 337-9280.
NOTICE OF CONFIDENTIAL INFORMATION:
This fax contains confidential information which is legally privileged_ The information is for the
sole use of the intended recipient(s) listed above. Distribution or disclosure to any individuals
not so listed is strictly prohibited.
to/T ?r1t,�7 ITT .^.1 ^^�raenr _.., . ..._..-•--- --- -
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612)337-9300 telephone
(612)337-9310 f.x
o•mail:urys @k=ncdy-SmvcLcom
CHARTERED
Cw%xLaEs L, LEFtvERE
Aaorwy as Law
Dir=Dial(612)337-9215
January 23, 1997
Mr. Michael McCauley
City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: Moratoriwn on Pawn Shops
Dear Mike:
At the last City Council meeting, staff was requested to report on whether the City could impose
. a moratorium on the creation of new pawn shops in the City. The City has the authority under
Minn. Stat. § 462.355, subd. 4 to adopt interim ordinances for the purpose of protecting the
planning process and the health, safety and welfare of its citizens. The purpose of the
moratorium must be to allow the City time to conduct studies or hold hearings on changes to its
comprehensive plan, zoning.code, or subdivision regulations. State law limits the period of a
moratorium to an initiai period of one year. The moratorium can be extended for additional
periods of up to 18 months. However, the period established for the moratorium should be no
longer than is reasonably necessary to accomplish the studies or hearings on amendments to the
City's official controls.
The imposition of a moratorium on pawn shops was upheld in the case of Wedemever v. City
of Minneapolis, (Minn. App. 1995) 540 N.W.2d 539. A copy of that case is attached. Although
the moratorium was upheld in the Wedemever case, such a moratorium is subject to Ice,
challenge; and in some cases, counts have held moratorium ordinances to be unlawful_ If a
moratorium is challenged, and the City prevails, it would nevertheless incur legal expenses and
costs, and the cost associated with the commitment of staff time and resources. If the ordinance
were challenged successfully, the City would incur these same expenses and, although it would
be unusual in a zoning type case, there is the possibility that the City would also be required to
pay damages, costs, and attorneys fees of the prevailing party.
The basic issue in a challenge would be whether the City's ordinance was in fact reasonably
0 necessary to protect public interests or whether it was arbitrary, capricious and unreasonable,and
enacted for improper purposes. As I have noted in earlier letters to the City Council, I would
expect that the moratorium previously adopted by the City Council for pawn shops, which did
not result in any change to the City's ordinance code, would be offered as evidence that the City
merely intended to stop this business from coming into town because of neighborhood opposition
9/Z 3`,''a'e1 0IEGLEEZIS=QI N3AdNO 'R AQ3NN---N: 'I0':!2 Z7 : f7 LG-EZ—N r
Mr. Mike McCauley
January 23, 1997
Page 2
or the unpopularity of pawn shops generally. That is not to say that the City would necessarily
lose a challenge to a moratorium ordinance. However, the City Council should only adopt a
moratorium if it is reasonably comfortable that there are land use reasons to believe that a
moratorium is necessary to protect the planning process.
Very truly yours, I
Charles L. LeFevere
CLL:ds
Attachment
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Specialist
Subject: Pawn Shops
Date: January 22, 1997
You have requested me to do a quick survey of some metro area suburban communities with
respect to how they deal with pawn shops under their zoning regulations as opposed to licensing
requirements. You have also requested comments on how the City might provide some zoning
regulations in response to City Council questions about pawn shops.
Attached for your review are copies of a recent survey of various municipalities with particular
attention to licensing requirements. I attempted to contact a number of these communities to try
to ascertain if they had special zoning requirements. For the most part, these communities, with
the exception of Edina and Maple Grove, allow pawn shops in general commercial zones (one
also allows them in an industrial zone). Bloomington and Richfield classify pawn shops as
conditional uses requiring a public hearing and city council approval in addition to their licensing
provisions. The balance of the communities allow pawn shops as permitted uses.
The communities I contacted regarding zoning regulations included Blaine, Champlin, Eden
Prairie, Edina, Fridley, Golden Valley, Richfield and St. Louis Park. These communities
regulate pawn shops primarily through licensing regulations with the pawn shops being
permitted uses in commercial zoning districts. Some communities have licensing restrictions
prohibiting pawn shops from being within certain distances of churches and schools. Three
hundred feet seems to be a common distance. Two communities I contacted, Fridley and St.
Louis Park, limited the total number of pawn shop licenses within the city to three.
Two communities, Edina and Maple Grove, indicated their zoning ordinance does not permit
pawn shops in any zoning district. Both communities, however, acknowledged that this was
probably an indefensible position and they will have to establish regulations allowing such uses.
One community I contacted, had more detailed zoning regulations regarding pawn shops than
others. Attached is a copy of a portion of the City of Richfield's Zoning Ordinance relating to
pawn shops. They establish a 1,000 ft. separation from schools, churches, daycares, public
libraries or government buildings and also require 1,000 ft. separations from other pawn shop
operations, second hand goods operations, auction houses or consignment auction houses. Also,
pawn shops are not allowed to be within 250 ft. of residentially zoned property.
We have discussed the possibility of establishing a separate neighborhood commercial zoning
district that would allow only certain neighborhood oriented commercial uses, not including
pawn shops. Non-neighborhood oriented commercial uses would be restricted to commercial
zones not in close proximity to neighborhood areas. Another way of dealing with this issue
might be to prohibit pawn shops from abutting, or being within a certain distance of, any
residential zone. We do this currently with gas stations, car washes, amusement centers, saunas
and massage parlors.
These may be areas that the City Council might wish to look at in terms of regulations relating to
pawn shops.
I hope this memo adequately addresses your inquiry. If you have other questions or need
additional information,please contact me.
Richfield City Code (Zoning)
C-2 District 526.27, Subd. 18
Subd. 18. Pawn operations, secondhand goods operations which require a license
under Section 1186 of the City Code, auction houses, and consignment auction houses,
provided the following conditions are met:
a) such uses shall be located not less than 1,000 feet from any school, church,
daycare center, public library, or governmental building;
b) such uses shall be located not less than 1,000 feet from any existing pawn
operation, secondhand goods operation which requires a liceazse under
Section 1186 of the City Code, auction house, or consignment auction
house;
c) such uses shall be located not less than 250 feet from residentially zoned
property;
d) such uses shall be screened, as approved by the City;
e) the business operator shall secure all applicable licenses and approvals from
the city, county, state, or other applicable jurisdictions before the
conditional use permit shall become effective;
f) off-street parking requirement:
(i) p awn operations and seco n dhand goods operations which requite a
license under Section 1186 of the City Code shall provide at least
five parking spaces per 1,000 square feet of gross floor area or ten
parking spaces, whichever is greater; and
(ii) auction houses and consignment auction houses shall provide at
least 35 parking spaces per 1,000 square feet of gross floor area or
70 parking spaces, whichever is greater.
g) such uses shall be contained within a completely enclosed building, and no
outside storage, display, or sale of merchandise shall be permitted; .
h) exterior loudspeakers or public address systems shall not be audibl-. from
any residential parcel;
i) auction houses and consignment auction houses shall have designated on-site
loading and droo-off areas which are designed to avoid interfering with
traffic and pedestrian movements;
j) such uses shall not be operated between the hours of 10:00 p.m. and 7:00
a.m. the following day; and
k) such uses which were legally established on or before November 22, 1993
shall be classified as legal nonconforming uses, and subject to the
` provisions of Section 511.13 of this code.
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