HomeMy WebLinkAbout1999 10-28 PCP y
AGENDA
CITY PLANNING COMMISSION A
t CITY OF BROOKLYN CENTER
OCTOBER 28, 1999
STUDY SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - October 14, 1999
4. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is
to hold public hearings. In the matters concerned in these hearings, the Commission
makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
5. Discussion Item:
• a. Commercial Zoning Reorganization
6. Other Business
7. Adjournment
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MEMORANDUM
• J my 1, 1999
TO: Michael McCauley,City Manager
FROM: . Anne Fun% Administrative Specsalist/jr—
SUBJECT: Commercial Zoning Reorganization
The attached summary reflects our discussion with Brad Roffman and Ron Warren on
Wednesday,.June 23,regarding possible commercial zoning reorganization. In the meeting you
suggested Brooklyn Center could develop four commerc ial.zones,or business districts, as
follows:
1. Central
2:Neighborhood
3.lEghway/IndusbW
4.Brooklyn Boulevard
The summary outlines the permitted uses for each zone as discussed.
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zom ADD
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CI:Central Business District All C2 and C4 uses,without restrictions on size; businesses abutting
residential property mast Provide lsndscopiag buffer.setbacks should be
revised from current tales,and
• eating establishments including those offing live entertainment
• amusema t
• check-cashing
• liquor stores
• car and boat sales
C2:Neighborhood Business District Would permit the following uses,with some restrictions on sgnm e
footage traffic and activity levels must be compatible with
neighborhood:
• reW sale of food
• service stations
• pine restaurants,•sandwichi shops,other small eating establish
not offaiog five entertaiMeak
• ante repair
• tailors
day care centers
• health clinics/dental offices
• hardware(retail sale of heading&Plumbing equipment.p&k glass,
wallpapa,electrical supplies dt building supplies)
•
veterinarian clinics
• belcay
• video rental
• suntan stedioa
• beauty sad barber
• churches
• nursing homy
• fimaal and amustory
• religious.welfare and charitable,libraries dt art galleries
• advertising
• apparel repair,alteratiaq cleaning pickup 8t shoe repair
• coummxr and merca file credit reporting;a4usbnent&collection
. service
• duplicatin&mailing and atmographie servim
• detective&protective agency
• contractor(no outside storage)
accessory• • • goverameatal
' merchindrse�wCth P�&�Bn�P�Y,outside display of sate
� P$BI��D II5E3 .
Dgbw+►p►Qndos4rial Bas4aeas All CZ&G was,nnd: ' S
• school bus garages
• animal hospitals
• car&boat sales
C4:Brooklyn Boulevard Business All CZ uses.without re*jes s oU size,md:
District- • business associa4ong,PM63ional memberai
umicma,.civic,social&dratmw essociatiems P aB zatiaas.lobar
• entail sale of tins,batteries,vw=nobae ac es&marine daft
eccessaries .
• retat'l sale Of innitUM home furnishings&relalled equipment
• retaft sale of mb0dlsneous items such as drugs,liquors,antques&
secondlumd mmbandiae.books&atationmy.garden mPPbCB,
jC**hY,flowers&$oral accessories,p ad ci
new�epers&magezn ,cameras&�SaPPHM tip
0eg� g floods&bicycles
electrical supplies,heating&Plumbing• aPPI
• televisioq watch.clods&' equipment,radio&
larmdering;dry cleaning k��, &��'e'
8 �&aluipmmt&natal
• medical&health uses including hOapitala(not including animal
hospitals]medical laboratories.dental laboratories,musing care
homes(not to exceed 15 bedstaam)
• transient lodging
• health clubs
• cootraWcoma4rncHon nsa including offices for burning construction
coin ractom plumbing,heating&air ow iticeing comtractotj,
Paintmg.Papa hansleg&daoratmg contractors,masonry,stone
work file setting and plastering oaatractors.OwPuftring&wood
flooring c oah-actor%Hooding&sheet metal contractors.caste
contractors,and water well drilling contractors
• educational um
engineering.architectruai.educational.scientific rwem cb,
ling. h &m an planning
• drive-duough eating esablismens
• Liquor atorea
• small engime reper
• tobacco
. leg
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licensed&W-m.child can centers
• Other notes:
With the exception of cars.and boats,no outside storage is permitted in any commercial zone.
The goal of reorganization will be to reduce conditional use permits and include current
conditional uses in new ordinances.
3. 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. Cl SERVICFJOFFICE DISTRICT.
1. Permitted Uses
The following serviceloffice uses are permitted in the C1 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.
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City of Brooklyn Center 35-28 City Ordinance
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.
City of Brooklyn Center 35-29 City Ordinance
I 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.
2. Special Requirements
a. See Section 35-411 of these ordinances.
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City of Brooklyn Center 35-30 City Ordinance
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.
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 childree
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.
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 ClA district.
2.. special Requirements
a. See Section 35-411 of these ordinances.
35-31
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. All of the special uses set forth in Section 35-320 shall be allowed by special use
permit in the C 1 A 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 health uses:
1. Hospitals,not including animal hospitals.
2. Medical laboratories.
3. Dental laboratories.
4. Nursing care homes, (at not more than 50 beds per acre), provided that these
institutions shall where required by state law, or regulation or by municipal
ordinance,be licensed by the appropriate state or municipal authority.
g. The following contract/construction uses:
1. Building construction contractors' offices.
2. Plumbing,heating and air conditioning contractors'offices.
3. Painting, paper hanging and decorating contractors'offices.
35-33
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 RI,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
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 RI, 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 RI,R2,or R3 district,
including abutment at a street line.
e. The sale of motor vehicles at retail.
f. The out-of-door display and sale of marine craft at retail.
g. Transient lodging.
h. Animal hospitals.
i. Public transportation terminals(excluding truck terminals).
j. Clubrooms and lodges.
k. Accessory 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 (RI 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 (RI 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(Rl through R7)property.
City of Brooklyn Center 35-35 City Ordinance
o. Automobile and truck rental and leasing.
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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.
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.
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City Brooklyn Center
t3'o.f l Y 35-36 City Ordinance
Section 35-411. SPECIAL REQUIREMENTS IN C1 AND CIA DISTRICTS.
I. 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 C1 or CIA 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 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 C 1 or C 1 A 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 or sewer main
construction, plans for such facilities 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 water or sewer main
construction is required,the land owner or developer shall enter into a water and sewer main
and fire hydrant 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.
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35-58
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.
Section 35-412, SPECIAL REQUIREMENTS IN C2 DISTRICTS.
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 Rl, 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.
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35-59
• 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 IS 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 or sewer main
construction, plans for such facilities 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 water or sewer main
construction is required,the land owner or developer shall enter into a water and sewer main
and fire hydrant 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 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.
35-60
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