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HomeMy WebLinkAbout1991 11-07 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 NOVEMBER 7, 1991 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7:32 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Ella Sander, Wallace Bernards, Bertil Johnson, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Malecki noted that Commissioner Ainas had called to say he would be unable to attend and was excused. APPROVAL OF MINUTES - October 10, 1991 Motion by Commissioner Bernards seconded by Commissioner Holmes to approve the minutes of the October 10, 1991 Planning Commission meeting as submitted. Voting in favor: Chairperson Malecki, Commissioners Bernards and Holmes. Voting against: none. Not voting: Commissioners Sander, Johnson and Mann. The motion passed. \ APPROVAL OF MINUTES - OCTOBER 17, 1991 Motion by Commissioner Mann seconded by Commissioner Sander to approve the minutes of the October 17, 1991 joint Planning Commission and City Council meeting as submitted. Voting in favor: Chairperson Malecki, Commissioners Sander, Mann and Holmes. Voting against: none. Not voting: Commissioners Bernards and Johnson. DISCUSSION ITEMS Following the Chairperson's explanation, the Secretary introduced two ordinance amendments for the Planning Commission to consider. The first ordinance amendment was a flood plain ordinance amendment which made two technical changes, one to the date of the official map and another a change to a statute cited. ACTION RECOMMENDING ADOPTION OF AN AMENDMENT TO THE FLOOD PLAIN ORDINANCE Motion by Commissioner Mann seconded by Commissioner Sander to recommend adoption of an amendment to the flood plain ordinance relating to the map date and a statute citation. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. I I 11-7-91 1 HOURS OF OPERATION AT COMMERCIAL ESTABLISHMENTS NEAR RESIDENTIAL AREAS The second ordinance amendment that the Secretary introduced was an ordinance amendment relating to 24 hour operations being separated from R1, R2, and R3 zoned property. He explained that commercial uses would not be prohibited from locating near R1, R2 and R3 property if they did not operate between 11: 00 p.m. and 6:00 a.m. He went on to explain that the ordinance amendment would affect some existing operations that are 24 hour operations near residential property. He stated that if these uses were to lapse in their present use, a similar use could not resume the operation if discontinued for a period of two years. He stated that this would be a nonconforming aspect to these operations. The Secretary reviewed various locations of businesses that might be affected by the limitation of hours adjacent to R1, R2 and R3 zoned property. G Commissioner Bernards pointed out that the health club was open past 11:00 p.m. The Secretary acknowledged this and that there may be other conflicts with the proposed ordinance. He suggested that ' the Commission may want to change the limitation of hours to between midnight and 6:00 a.m. In response to a question from Commissioner Holmes, the Secretary stated that if the ordinance were adopted, these existing operations would be allowed to continue as a nonconforming use. Commissioner Bernards observed that this ordinance would affect PDQ Food Stores which wished to locate near a residential area. The Secretary explained that it would not allow them to be a 24 hour operation, but that they could operate between 6: 00 a.m. and 11:00 p.m. Commissioner Bernards noted that this limitation would affect the interest of other buyers in that property. The Secretary acknowledged this. He went on to say that staff would recommend that the ordinance allow hospitals and other emergency medical services to locate in such an area and not to be subject to the limitation on hours. Commissioner Bernards asked whether the businesses that would be affected by this ordinance would be notified of the ordinance amendment. The Secretary stated that that could be done. Commissioner Bernards asked whether the limitation could be changed from 11:00 p.m. to midnight. The Secretary responded that was a possibility if the Commission so desired. Commissioner Sander stated that she would prefer to start out with tighter hours of operation and loosen later if there is a problem. The Secretary acknowledged that the City could be challenged on this ordinance. Commissioner Holmes asked whether the City could supersede state law with this kind of ordinance. The Secretary responded in the affirmative. He stated that zoning ordinances always affect where businesses can locate. 11-7-91 2 ACTION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDMENT RELATING TO THE HOURS OF COMMERCIAL OPERATION ADJACENT TO R1, R2 AND R3 ZONED PROPERTY Motion by Commissioner Sander seconded by Commissioner Johnson to recommend adoption of an amendment to the zoning ordinance relating to the hours of commercial operations within 200 ft. of R1, R2 and R3 zoned property. Voting in favor: Chairperson Malecki, Commissioners Sander, Johnson, Mann and Holmes. Voting against: Commissioner Bernards. The motion passed. Commissioner Bernards stated that his opposition was because he felt the hours were overly restrictive and not consistent with some standard closing times. SIGN ISSUES The Secretary then referred the Commission's attention to a memo regarding real estate signs and also some materials from the City Manager on a requested sign by Marquette Bank. The Secretary reviewed the Marquette Bank sign. He noted that the bank proposes to have a freestanding sign and offered to take down all wall signery in exchange for having the extra freestanding sign. The Secretary pointed out that the ordinance presently allows up to 30% of the wall area to be used in signery which is a very generous limit. He pointed out that no one has 30% of their wall area in signery. The Secretary recommended to the Commission that it consider scaling back the allowable area that can be used for wall signery and that it perhaps look at some sort of tradeoff as has been proposed between wall signs and an extra freestanding sign. The Secretary also suggested that there may be merit in establishing a Planned Unit Development (PUD) sort of provision in the sign ordinance to allow a sign package to be considered by the Planning Commission and City Council. He stated that such a package could consider tradeoffs between different types of signs, but that standards need to be in place to start with. Commissioner Johnson stated that he felt inadequate to judge what a sign ought to look like and asked that any ordinance amendment developed systematically an idea of what signs should look like. The Secretary stated that it was a matter of aesthetics, that signs with the same size and message could look good or bad, depending on the colors, lighting, etc. Commissioner Sander pointed out that different types of businesses want different types of signs. She asked what percent of wall area would be adequate for commercial buildings. The Planner answered that between 15% and 20% would probably be more than adequate. The Secretary stated that the tradeoffs that could be pursued under a sign package might also include provision for real estate signs. Commissioner Johnson asked whether the ordinance differentiates between permanent signs and real estate signs. The Secretary stated that permanent signs require a permit. 11-7-91 3 Commissioner Bernards stated that he did not want to open up the City to the charge of being arbitrary and capricious. The Secretary stated that if a sign package were not approved, an applicant would always have the alternative of simply living within the ordinance. ADJOURNMENT Motion by Commissioner Bernards seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:36 p.m. Chairperson 11-7-91 4