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HomeMy WebLinkAbout1998 10-15 PCP • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER OCTOBER 15, 1998 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - September 24, 1998 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. John Craig 98020 Request for Special Use Permit approval for a vending machine supply home occupation involving the use of an accessory building at 6921 Logan Avenue North. 6. William R. Stoner 98021 Request to rezone the property at 5001 Drew Avenue North from C-2 (Commerce) to C-1 (Service/Office). 7. Other Business 8. Adjournment l ,y • • r Application Filed on 8-31-98 City Council Action Should Be Taken By 10-30-98 (Applicant Has Waived the 60 Day Limitation) Planning Commission Information Sheet Application No. 98020 Applicant: John Craig Location: 6921 Logan Avenue North Request: Special Use Permit(Home Occupation) The applicant, Mr. John Craig, requests special use permit approval to conduct a family operated vending machine business involving the storage of some inventory in the garage. The property in question is zoned R-1 and is the fourth house north of 69th Avenue on the west side of Logan Avenue (6921 Logan). It is bounded on the north, west and south sides by single family homes and on the east by Logan Avenue with single family homes also located on the opposite side of Logan Avenue. Home occupations that involve the use of an accessory structure on the property are classified as"special home occupations"requiring the granting of a special use permit by the City Council, following review and public hearing by the Planning Commission. The use of the home as a business office or place of business for a vending machine company without the use of an accessory building for storage would be considered a"permitted home occupation"not requiring any formal approval by the City Council. The applicant has submitted a brief letter(copy attached) in which he describes the home occupation which has apparently been in operation for some time. He notes that they store all snack items inside the home but do store soft drinks in their garage. He explains that their premises has been inspected by representatives of the Department Agriculture from the State of Minnesota and has provided us with a copy of his current license/certification from the Department of Agriculture which expires on March 31, 1999. Mr. Craig notes that they bring all the product that is to be stored in the garage to the site in their own vans. He notes that there are no outside deliveries and no one comes to the site on business. It should be noted that Mr. Craig has explained to me that the only employees within the business are those residing on the premises. Special home occupations are defined as any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot,by a family member residing within the dwelling unit,which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structure and the lot upon which it is being conducted. The ordinance goes on to cite such things as barber and beauty services, shoe repair,photography studios, group lessons, saw sharpening or motor driven appliances and small engine repair and similar activities as being the types of home occupations considered to be"special home 10-15-98 Page 1 occupations". Special home occupations are subject to the further limitations contained in Section 35-406 of the zoning ordinance (copy attached). Among other things, special home occupations should not involve the use of equipment not customarily found in a residential dwelling, should not employ more than one non-resident employee, create traffic congestion on the lot or the streets adjacent thereto, require the parking of vehicles related to the home occupation on street, nor produce light, glare, noise, odor or vibrations perceptible beyond the boundaries of the lot nor include the retail sale of merchandise produced off of the lot. As indicated, the applicant's proposed home occupation for which the special use permit must be granted involves the storage of soft drinks in an accessory building. This is the nature of the requested approval. It appears that the hours of operation and the activity level involved with this vending business are relatively low. It should be noted that the business should not require the need to park vehicles related to the proposed home occupation on a consistent basis or in conflict with the parking requirements contained in Section 19-103, Subdivision 12 of the city ordinances relating to the parking and storage of vehicles within the city(copy attached). This does not mean that vehicles that exceed the size limits contained in this section of the ordinance may never be on the property, but only that they be confined to pick ups and deliveries. Continual parking beyond two hours would be a violation of the city's ordinances and are not condoned by any granting of a special use permit for the operation. All in all, we see the proposal as being a very low level home occupation based on the information provided by the applicant and it is considered to be incidental and secondary to the residential use of the property. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to neighboring property owners. It appears that this home occupation can be kept to a relatively low level and should not cause problems in the neighborhood if it is conducted in an appropriate manner. Therefore, approval of this special use permit could be made subject to at least the following conditions: 1. The special use permit is granted only for a vending machine supply business involving the storage of soft drinks in the accessory building. This use may not be altered or expanded in any way not comprehended by this application without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes,ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All parking associated with the home occupation shall be off street on improved space 10-15-98 Page 2 I ■ provided by the applicant. Vehicle parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the city ordinances. 4. The hours of operation shall be between the hours of 8 a.m. and 5 p.m., Monday through Friday. Customer service shall not be provided on the property. 5. A current copy of the applicant's license/certification from the Minnesota Department of Agriculture shall be kept on file with the city. i I i i 10-15-98 Page 3 i r I I WIN Iwo ■ �.. -- as a. �- ■.. ■■r- ■1■ ■11111111■� a a mm I == MIN 1t i-i� �� ■EE3- ■K�WM■■ MM ii ON -- -� ■■ ■■© man Elm - — ♦♦♦� y - m Olson IN ININ IN MM WIN M INI IN IN IN ow MCI 11 IN IN-. .. _ wee♦ � a F�7 I. ■■ ==now ME Vill M MIN MM son M_ .■I■■■II■t■ :r : _ ■= min min m- MM = -• -M M IN M IN MIN IN IN IN ili. ■■ ■ ♦eeeeee♦ -- WIN AAAS � _ � IN IN } 1t • D.C. VENDING 6921 LOGAN AVE.N. BROOKLYN CENTER MINNESOTA 55430 (612)566-1611 8/31/98 Ron Warren Planning Commission, D.C.vending is a family owned vending company which we operate out of the home We store all snack items inside the building but store all of our soda items in the garage. We have been inspected by a representative } of the Department of Agriculture of the State of Minnesota . We bring all of the product to be stored to this site in our own vans . There are no outside deliveries , and no one comes to this site on business . T?aanks f r your consideration, Sohn Cra i a (/ /D-C-V ending R D.C. VENDING 6921 LOGAN AVE.N. BROOKLYN CENTER.MINNESOTA SWO (612)S66-1611 2 1 t T0; Brooklyn Center Planning Ron Warren This note serves to waive the 60 day response clause as written in the city regulations. i I ohn Craig f , DC Vending ! i Section 35-405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: 1. No home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 2. No home occupation shall involve the use of any accessory structures or installations. 3. No home occupation shall involve the use of equipment other than that customarily found in a residential dwelling unit. 4. No home occupation shall involve the retail sale of merchandise produced off the lot. 5. No home occupation shall involve the employment on the lot of persons who are not members of the family residing on the lot. 6. No home occupation providing day care shall serve more than twelve (12) children in the RI district, five (5) children in the R2 and R3 districts, or five (5) children, including children of the family occupying a dwelling unit in other residential districts (R4 through R7). This subsection is not intended to supersede any lease arrangements which may be more restrictive. 7. No home occupation shall cause traffic congestion on the lot containing the home occupation or on the streets adjacent thereto. 8. No automobile parking related to the home occupation shall be permitted on the street. Section 35-406. ADDITIONAL REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS: 1. All special home occupations shall require approval of a special use permit pursuant to Section 35-220 of the Brooklyn Center Zoning Ordinance. 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35-310 and Section 35- 311 of the Brooklyn Center Zoning Ordinance. 3. A special home occupation may use equipment not customarily found in a residential dwelling unit. 4. No special home occupation shall employ,at any one time,more than one person who is not a member of the family occupying the dwelling unit. 5. No special home occupation may include the teaching of more than ten(10) students at one time who are not members of the family occupying the dwelling unit. 35-55 6. No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. 7. No automobile parking related to the special home occupation shall be permitted on the street provided,however,that upon a finding that the special home occupation is not feasible without on street parking,the City Council may authorize parking on the street based upon a consideration of Section 35-220.2 and of the following: a. The amount of the applicant's street frontage. b. The rights of adjacent residents to park on the street. C. Preservation of the residential character of the neighborhood. 8. No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 9. No special home occupation shall include the retail sale of merchandise produced off the lot. Section 35-410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS. 1. All storage shall be contained wholly within an enclosed building. 2. The 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 R3,R4,R5,R6, or R7 development abuts an RI or R2 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than 25 feet wide in the case of R6 and R7 uses and not less than 15 feet wide in the case of R3, R4 and R5 uses. The protective strip shall contain an opaque fence or a Council approved substitute. The protective strip shall be landscaped and not be used for parking, garages, driveways, off-street loading or storage. 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 multiple dwelling area. A proposed fence 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 15 feet of the street right- of-way, and the 15 foot area shall be maintained as a green strip. 35-56 4. Accumulations of rubbish as defined herein. 5. The dumping of any effluent,garbage,rubbish,wastewater,or other noxious substance upon public or private property. 6. Any open well, pit, excavation, structure, barrier or other obstruction which endangers public health, safety or welfare. 7. The pollution of any public or private well or cistern, any public stream,lake,canal,or body of water by effluent, garbage, rubbish or other noxious substance. 8. Any noxious weeds, or any other vegetation which endangers public health, safety or welfare, or which is contraband within the meaning of state or federal laws. 9. The emitting or production of dense smoke, foul odor, noise, noxious fumes, gases, soot, cinders or sparks in quantities which unreasonably annoy, injure, or endanger the safety, health, morals, comfort, or repose of any number of members of the public. 10. The public exposure of persons having a contagious disease or condition which endangers public health, safety or welfare. 11. Accumulation of junk, disused furniture, appliances, machinery, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public. 12. The parking and/or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds, continuously for more than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment and vehicles shall include,but are not limited to,the following: dump trucks, construction trailers, back hoes, front-end loaders, bobcats,well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck-tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company,moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. 19-2 b) Any equipment or vehicle described above which is actually making a pickup or* delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful c) Any equipment or vehicle exceeding the above described length, height or weight limitations,but which is classified as recreation equipment as specified in Minnesota Statutes 168.011, Subdivision 25. d) Any equipment or vehicle described above which is parked or stored on property zoned residential and being lawfully used as a church, school, cemetery, golf course, park, playground or publicly owned structure provided the equipment or vehicle is used by said use in the conduct of its normal affairs. e) Any equipment or vehicle described above which is parked or stored on property which is zoned residential and the principal use is nonconforming within the meaning of Section 35-111 of the City Ordinances, provided such parking or storage is not increased or expanded after the effective date of this ordinance. 11 The outside parking and/or storage on vacant property of usable or unusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all-terrain vehicles, construction vehicles and equipment, or similar vehicles,materials, supplies,equipment, ice fish houses, skateboard ramps,play houses or other nonpermanent structures except as may be permitted by the Zoning or Sign Ordinances. 14. The outside parking and/or storage on occupied residentially used'property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles,trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street,they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19-1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50%of the front yard or a yard area abutting a public street unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35-230 of the City Ordinances. 19-3 i r Application Filed on 9-17-98 City Council Action Should Be Taken By 11-16-98 (60 Days) Planning Commission Information Sheet Application No. 98021 Applicant: William R. Stoner Location: 5001 Drew Avenue North Request: Rezoning The applicant, Mr. William R. Stoner, requests approval to rezone from C-2 (Commerce)to C-1 (Service/Office) the parcel of land addressed as 5001 Drew Avenue North. The land in question is currently occupied by a 1,605 sq. ft. building which has been utilized by a variety of uses since it was converted from a gas station to a restaurant in 1979 and a 1,512-sq. ft. garage/storage building. The property is located at the northwest corner of Drew and 50th Avenues North. It is bounded on the north by R-1 zoned land; on the east by Drew Avenue with R-5 zoned property on the opposite side of Drew(the entrance and parking lot for the Twin Lakes Manor Apartments); on the south by 50th Avenue with I-2 zoned property on the opposite side of the street; and on the west by R-4 zoned land containing a four plex addressed as 3616 50th Avenue North. The reason the applicant is pursuing this downzoning of the property is to limit the allowable commercial uses of the land to strictly service/office uses which would allow him to make an expansion of the building and reduce the buffer zone required for general commerce uses. The property, as previously indicated, has been utilized in a variety of ways since it was converted from a gas station to a restaurant. Under the current zoning it is allowed to be utilized by any permitted use in the C-2 zone which includes retail sales,restaurants (provided they do not offer live entertainment or are not a convenience food restaurant or a drive-in restaurant), all service/office uses, various repair/service uses, educational uses and a variety of special uses. The rezoning, if approved, would limit the commercial uses to the service/office uses allowed in the C-1 zoning district. Attached for the Commission's review is a copy of Section 35-322, Subdivisions 1 thru 3, listing the allowable uses in the C-2 zoning district and Section 35-320, Subdivisions 1 thru 3, listing the allowable uses in the C-1 zoning district. Both of these sections are offered for the Commission's review to compare and contrast the'allowable uses in the particular zoning districts. GUIDELINES FOR EVALUATING REZONINGS All rezoning applications are reviewed in light of the rezoning evaluation policy and review guidelines contained in Section 35-208 of the City's zoning ordinance(attached). The applicant has submitted a letter(also attached) in which he comments on each of the guidelines. The following is a listing of the guideline, the applicant's comments and the staff response to each of 10-15-97 Page 1 the guidelines: A. Is there a clear and public need and benefit? The applicant notes that the rezoning will benefit the public, since the C-1 classification is more directed for an office structure. This also exhibits a less intense, less intrusive, use of the property. He notes that the current zoning calls for C-2, which affords a wider range of business, commercial and retail usage. He also notes that it is his intent to rezone the property to use the property solely as an office structure. The staff sees the downzoning of the property to be a public benefit by limiting the uses of the property to the less intense commercial uses authorized in a C-1 zone. The property could not be contemplated in the future for retail uses,various repair/service uses, restaurant uses and a variety of other uses that may not be considered as compatible,particularly with the R-1 zoned property to the north. B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? The applicant notes that the downgrading of the zone classification for his property is not only compatible but would be more consistent with the neighboring residential properties. The staff would agree with this statement noting that the downzoning does allow or restrict, if you will,the uses to a less intense commercial utilization of the property. This is not to say that C-2 uses cannot be property located adjacent to residential zoned property, but the C-1 zoning does allow for less intense commecial utilization of the property and may be considered more compatible. C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? The applicant comments that the rezoning request is limited to his property, which is currently being used as an office structure. He states he will not change the type of business on this property. The staff would comment that all of the uses in the propsoed C-1 zoning district can be contemplated for this property. In fact, some of the uses allowed under the existing C-2 zone cannot be allowed to abut R-1 zoned property. In our opinion, this is a more compatible zoning designation given this particular situation and the size of the property under consideration. 10-15-97 Page 2 D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? The applicant notes that the property was completely remodeled/updated in 1994 by the previous owner. The remodeling of the building, he believes, enhanced both the appearance and functionality of the buildings and surrounding landscape. He notes that the property has two separate buildings apart from one another; an office building and a garage. He notes his plan is to connect the two buildings making a more efficient use of the structure. He states that the garage will remain as a garage for storage. The project will require moving the existing parking spaces to the rear of the structure and he has provided a sketch drawing of his proposal showing a connection of the two buildings and the appropriate amount of parking spaces. He adds that the use of the building will continue to be an office use with small storage. There have been no real physical or zoning classification changes in this area since the subject property was zoned C-2 which goes back to the 1960's at least. The changes that have been made to the building by the previous owner are believed to be appropriate and compatible. I believe the City has long felt that a less intense commercial utilization of this property was in the best interests of the neighborhood. However, in 1979 when the then applicant proposed to convert the gas station to a restaurant, there was no real zoning reason for the City to deny this conversion given the fact that the applicant could comply with all of the requirements of the C-2 zone for such a use. A number of different uses of the property have taken place over the years and, as mentioned previously, it has long been felt that it would be best if a service/office zoning designation and utilization of the property could be instituted. This, for the most part, depended upon the owner of the property seeing the wisdom of limiting the utilization of the property to only service/office uses. E. In the case of city initiated rezoning proposals, is there a broad public purpose evident? Not applicable. F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? The applicant notes that it is his full intention to comply with all zoning ordinance requirements as adopted and enforced by the City of Brooklyn Center. The rezoning of the property to a C-1 zoning designation will allow for more utilization of the property because the buffer requirements between an R-1 zoned parcel and C-2 zoned property would be reduced from a 35 ft. requirement to a 15 ft. . 10-15-97 Page 3 buffer requirement where there is C-1 abutment. This change would allow the applicant to expand parking for the service/office use proposed about 20 ft. closer to the north property line. It still would require screening of the parking lot but this would allow the ability to expand the site so that additional service/office space could be provided. As the applicant has noted,he wishes to connect the two buildings on the site with an approximate 1,500 sq. ft. expansion,which would be for a service/office use. If the proposed rezoning is approved,the applicant will need to go through a site and building plan process in order to accomplish the expansion he proposes. It may be worthwhile to bring along a site and building plan application if the Planning Commission feels the rezoning is appropriate. G. Is the subject property generally unsuited for uses permitted in the present zoning district,with respect to size,configuration,topography or location? The applicant notes that the C-1 zoning classification is more consistent with the type of business that he operates and notes that the structure has been remodeled to accommodate an office. He believes the C-2 zoning classification is, therefore, unnecessary. The staff generally beleives that the C-2 utilization of this particular property is probably not appropriate. The C-1 or service/office utilization is a better use of the property, given the surrounding land uses. The C-1 rezoning of the property will rule out the more intense and perhaps less desireable commercial uses allowed in the C-2 zoning district. H. Will a rezoning result in the expansion of a zoning district,warranted by: 1. Comprehensive Planning; 2. The lack of developable land in the proposed zoning district; or 3. The best interests of the community? The applicant states that the proposed rezoning downgrades the current zoning classification making the property less intrusive to the neighboring residential area. The staff does not feel that this minor rezoning or downzoning of the land would be inconsistent with the City's Comprehensive Plan. The Comprehensive Plan really makes no specific mention of the subject property. As far as the lack of developable land in the proposed zoning district, there is a lack of developable land in most zoning districts in the city. In this case,the land would not result in new development but some additional redevelopment of the property,which would be allowed if the zoning change is made. Limiting the commercial utilization to a less intrusive service/office use is considered to be in the best interests of the community. I. Does the proposal demonstrate merit beyond the interests of an owner or owners 10-15-97 Page 4 of an individual parcel? The applicant notes that he purchased the property for use as a manufacturer's representative, which is a small business with less than five employees and regular business hours of 8 00 a.m. to 5:00 p.m. Monday thru Friday. He notes that he intends to maintain this type of operation. The staff believes that the business being run by the applicant, and the possible expansion should not be intrusive to the neighboring properties. We also believe that the limiting of commercial utilization of the property is in the best interests of the community as a whole and for this reason believe that the proposal does demonstrate merit beyond just the interests of the owner. The rezoning evaluation policy and reivew guidelines note that the city policy is that zoning classifications must be consistent with the Comprehensive Plan and rezoning proposals must not constitute "spot zoning", which is defined as a zoning decision which discrimminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principles. We find no significant conflicts with this policy as noted above in our review of the guidelines for rezoning. Even though this is a small parcel it does not constitute "spot zoning"as long as it relates to the Comprehensive Plan or accepted planning principles. As mentioned previously, the Comprehensive Plan really does not address this particular property, but good planning principles do attempt to protect residentially zoned property from the more intense • commercial and.industrially used properties which may be surrounding it. We find no conflict with this proposal in that regard. PROCEDURE It is the City's practice with respect to rezoning applications for the Planning Commission to open a public hearing, take comments and then table the application and refer it to the relevant Neighborhood Advisory Group for review and comment. In this case, the rezoning would be referred to the Southwest Neighborhood Advisory Group for additional review and comment. We will send notices to the members of the Neighborhood Advisory Group and try to establish a time for the neighborhood group to meet so that this matter can be moved along in an expeditious manner. It may, however, be encessary for the applicant to consider waiving the 60 day limitation on consideration of a zoning matter which is imposed upon us by the State Legislature so that the proper input can be gained. Discussion along this long between the Commission and the applicant would be appropriate. It is recommended that the matter be referred to the Southwest Neighborhood Advisory Group for additional review and comment. 10-15-97 Page 5 i 1 ' ' Q g U Zr + 4t' STTH A N NJ EURCUCST�L x X"A k, ! ' 56TH. AVF 56TH. ANTE. N. `' AG171PC44 % 'r WR AVE. , i i� �'f '%% �/�: �►�i/iii, 1 y ' S 54TH. AVE r Zi ' !rte/J•///!//%'i i%%�i%!�� i 9 Z nJ i �' i '! !/�,�,!,.;,�,�' i',.ter;'/,' ' �. •�' 521` AyE N PLANNING COMMISSION v APPLICATION NO. 98021 If R3 ► • 1.51s 2b AVE. N• P ! MA Q 49TH AVE MIDDLE TWIN LAKE N 1 �1 !; "' L L EWUZE AVE. N. L ]L 46TH AVE. N. —_�- ` �� T>IN L.NE' p� � 47TH AVE. N. r % •`,X "ti ' RYAN LAKE '4 46 TN AVE. N. 46TH AVE. I' L 46TH AVE o AVE. In' 9i x .. & ASTONER SSOCIATES, INC. presenting manufacturers worldwide September 15, 1998 City of Brooklyn Center Planing Commission 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Application to Rezone Property Located at 5001 Drew Avenue North LEGAL DESCRIPTION: "The North 150 feet of the South 183 feet of the East 165 feet of the Northwest '/4 of the Southwest '/4 of the Northeast '/a of Section 10, Township 118 North, Range 21, except the East 30 feet thereof, Hennepin County, Minnesota. Dear Planning Commission Members: Attached is application for request to rezone a property I recently acquired, located at 5001 Drew Avenue North, in Brooklyn Center. I am requesting that the zoning class be downgraded from the current C2 'Vassifcation to a Cl classification. With consideration to Brooklyn Center's comprehensive planning rogram, I submit the following comments to issues outlined in the'guidelines'portion of the 'REZONING EVALUATION POLICY AND REVIEW GUIDELINES'brochure. A. The rezoning will benefit the public, since a C 1 classification is more directed for an office structure. This also exhibits a less intense, less intrusive, use of the property is intended. Current Zoning calls for a C2, which affords a wider range of business, commercial and retail usage. My intent is to rezone the property, as I intend to use the property solely as an office structure. B. The downgrading of the Zone classification on my property is not only compatible but would be more consistent with the neighboring residential properties. C. The rezoning request is limited to the property, which is currently being used as an office structure. I will not change the type of business on this property. D. This property was completely remodeled/updated in 1994 by the previous owner. The remodeling of the buildings enhanced both the appearance and functionality of the buildings and surrounding landscape.At this time, the property has two separate buildings apart from one another; an office building and a garage. My plan is to connect the two buildings, making a more efficient use of the structure. The garage will remain as a garage for storage. This project will require moving the existing parking spaces to the rear of the structures. Attached is a drawing of the lot, as it now exists, and drawing of the proposed connection of the two buildings with appropriate number of parking spaces. The two buildings will continue serving as an office structure and mall storage. E. Not- Applicable (612) 525-8067 • (612) 546-0173 • fax: (612) 593=1967 701 Decatur Avenue North, Suite 201 • Minneapolis, vIN 55427 s F. It is my full intention to comply with all zoning ordinance requirements as adopted and enforced by the Cit of Brooklyn Center. 0 G. Current Zoning is not consistent with the type of business I am operating on this property. Zoning classification C 1 is more consistent with the type of business the structure has been remodeled to accommodate - Office. Therefore, it is unnecessary to retain the C2 classification. H. As stated above, the proposed rezoning downgrades the current zoning classification, making the property less intrusive to the neighboring residential area. I. As stated above, I recently purchased the above property for use in my business as a manufacturer's rep. I am a small business owner, with less than five employees. Regular business hours are 8:00 am- 5:00 PM, Monday- Friday. I intend to maintain this protocol. Thank you for your time in reviewing my request. I will attend the October 15 Planning Commission Meeting when this item is presented. In the meantime, please feel free to contact me if you have any questions or concerns. I can be reached, in my office, at 525-8067. Best Regards, William R. Stoner President STONER& ASSOCIATES, INC: Section 35-208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. Purgose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77-167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: A. Zoning classifications must be consistent with the Comprehensive Plan, and, B. Rezoning proposals will not constitute "spot zoning", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. ,Y.,4. Guidelines A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can.aH permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City-initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1. Comprehensive planning; 2. The lack of developable land in the proposed zoning district; or, 3. The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? s Section 35-208 Revised 2-95 • `'L • } - I �Yti•.. .. rte.. -•,. -„-� ,._.,• -- 15' H U L-�L H EGt;--E LIN4 b I • EXIST. ' I S'f U�►p 1 �' . OFF I CIF—S, - i 5 .r i'�12 5i= .o - -- 1&off f 1 1 -I�ok�p rov�rt UPS ' 4 avErl JF NOS.-rN 1+1;2�oN t Ll Ln Aw ITT M N tS' y- SI ?�9 Y3 in � xN N J � � 11 Ip11 � 11j 06 O ~ L tr d 3. Special Uses a. Accessory off-site parking not located on the same property hwith 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. Section 35-322, C2 COMMERCE DISTRICT. 1. Permitted Uses a. The retail sale of food. 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 35-32 Pets Optical goods Sporting goods and bicycles d. Service/office uses described in Subsection (b) through (u) and Subsection (w) of Section 35-320. e. The following repair/service uses: 1. Electrical repair service shops. 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 ht-alth 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: I. Building construction contractors' offices. 2. Plumbing, heating and air conditioning contractors' offices. 3. Painting, paper hanging and decorating contractors' offices. 35-33 r 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. Educational uses. i. 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 Rl,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. 35-34 b. The sale or vending at gasoline service stations of items other than fuels, lubricants or t .3 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 3 5-704,2 (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.) 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 Rl,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 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 (Rl 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 (Rl 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. 35-35 o. Automobile and truck rental and leasing. ,zM p. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and suntan studios. 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. J. 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. 35-36 I Playground 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 is located. 6. Home occupations not to include special home occupations as defined in Section 35-900. e. Licensed residential programs with a licensed capacity of seven to 16 adults or children required to be permitted by M.S. 245A.11, Subd. 3 and M. S. 462.357, Subd. 8. f. Licensed nonresidential programs 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. Special Requirements a. See Section 35-410 of these ordinances. Section 35-320. C1 SERVICE/OFFICE DISTRICT. 1. Permitted Uses 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. b. Finance, insurance, real estate and investment office. c. Medical, dental, osteopathic, chiropractic and optometric offices. • 35-28 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. Religious uses, welfare and charitable uses, libraries and art galleries. 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. p. Contractor's offices. q. Governmental offices. 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: 1. Offstreet parking and offstreet loading. 2. Signs as permitted in the Brooklyn Center Sign Ordinance. 35-29 F 3. 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 P roducts on the use site. ?. Special Requirements a. See Section 35-411 of these ordinances. • 35-30 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 C 1 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 C 1 district land uses with respect to activity levels. I 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. I 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. Section 35-321. CIA 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 C 1 A district. 2. Special Requirements a. See Section 35-411 of these ordinances. • 35-31