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HomeMy WebLinkAbout1989 03-02 PCM 1 1 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA MARCH 2, 1989 STUDY SESSION CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman Mike Nelson at 7:31 P.M. ROLL CALL Chairman Mike Nelson, Commissioners Molly Malecki, Wallace Bernards, and Kristen Mann. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Planner Gary Shallcross. APPROVAL OF MINUTES - FEBRUARY 16, 1989 Motion by Commissioner Malecki seconded by Commissioner Bernards to approve the minutes of the February 16, 1989 meeting as submitted. Voting in favor: Chairman Nelson, Commissioners Malecki and Bernards. Voting against: none. Not voting: Commissioner Mann. The motion passed. APPLICATION NO. 89003 (City of Brooklyn Center) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for approval of a rezoning from I-1 to C2 of the land generally lying near the freeway between Shingle Creek and Highway 100. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89003 attached) . The Secretary also reviewed with the Commission the draft ordinance amendment regarding special uses in the I-1 zone. He explained that all of the uses that would be eliminated were special uses. He went on to explain that there have been amendments to the I-1 zone permitted uses in the past that have allowed more and more commercial uses by special use permit. He stated that the concern arose last year that the City would be unable to deny a special use permit for a convenience food restaurant and a budget rate motel at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. He explained that the amended I-1 zone special uses would eliminate transient lodging and convenience food restaurants as special uses in the i I-1 zone. He added that gas stations and multiple tenant retail centers would also i be excluded. He noted, however, that single tenant retail buildings offering for sale large ticket items such as furniture and appliances would be allowed by special use permit. He stated that he would consult with the City Attorney regarding the legality of limiting retail uses to single tenant uses. The Secretary then went on to review with the Commission the draft resolution on the amendment of the Comprehensive Plan and the draft resolution regarding the proposed rezoning. He explained that there should be a public hearing for both the Comprehensive Plan amendment and the rezoning. Chairman Nelson stated that he thought the ordinance amendment would regulate eating establishments by setting a minimum number of seats. He asked why live entertainment was selected as a describing element. The Secretary responded that eating establishments are allowed as a permitted use in the C2 zoning district, but that eating establishments offering live entertainment are classified as a special use in the C2 zone and would also be a special use in the I-1 zone. i 3-2-89 -1- In response to a question from Chairman Nelson regarding the possible legal challenge to the types of retail uses allowed, the Secretary stated that he thought F you could distinguish between establishments offering for sale large ticket items k such as furniture and appliances, and those which offer a broader range of products. Chairman Nelson asked whether a Holiday warehouse would be permitted in the I-1 zone. The Secretary responded in the negative, noting that Holiday sells a variety of items, some of which are not big ticket items. Commissioner Bernards asked whether a single tenant establishment implied a j separate building. The Secretary responded in the affirmative, explaining establishments could not be attached in multiple tenant buildings. PUBLIC HEARING (Comprehensive Plan Amendment and Application No. 89003) Chairman Nelson then opened the meeting for a public hearing on the Comprehensive Plan amendment and on Application No. 89003 and asked whether anyone present wished to speak regarding the application and amendment. Mr. Al Beisner, representing Richardson and Sons, a prominent owner of land in the area to be rezoned, stated that he was pretty much in agreement with the rezoning and the ordinance amendment I proposed by staff. He noted that a computer sales company has applied for space in the Parkway Place building. The Secretary explained that retail sales of goods wholesaled, processed or manufactured on the use site would still be a special use in the I-1 zone. He stated that the concern that staff had at present was whether retail sales could be limited to single tenant buildings. Mr. Beisner stated that he thought the ordinance amendment would clean up the I-1 zone. He added that the industrial park is becoming more service oriented than manufacturing or warehousing oriented. f CLOSE PUBLIC HEARING Motion by Commissioner Malecki seconded by Commissioner Mann to close the public hearing on Application No. 89003. The motion passed unanimously. Chairman Nelson suggested that the draft ordinance be amended slightly to comprehend 'other uses similar in nature" on the single tenant retail uses acknowledged in the I-1 zone. The Planner added that it might be appropriate to add "as determined by the City Council" rather than giving the discretion to the staff to make such a determination. Chairman Nelson stated that an appeal of a staff determination could always be made if it went against a potential user. The Secretary pointed out that determinations by the City Council are relied on in the C1 and C2 zoning districts as well and such language might be appropriate. Commissioner Bernards asked whether the traffic study which was done a couple of years ago covered the area to be rezoned. The Secretary responded in the affirmative, explaining that the traffic study included Brookdale and the entire commercial and industrial area in the central part of town. Commissioner Bernards stated that he saw the rezoning as having a neutral impact on potential development in the area. The Secretary agreed, explaining that the rezoning would really ratify the trend toward commercial development near the freeway. He explained that the concern was aroused by a proposal to put a convenience food restaurant and a budget motel at the northwest corner of Shingle Creek Parkway and Freeway Boulevard. The City staff and Council did not feel that such a proposal was appropriate and the ordinance amendment and rezoning are intended to address those concerns. Mr. Al Beisner told the Planning Commission that Hardees and Super 8 would be going into the area south of Freeway Boulevard and east of Shingle Creek Parkway in part of 3-2-89 -2- the area to be rezoned. The Secretary stated that the City has had no problem with commercial uses south of Freeway Boulevard and that is why that area is being rezoned. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Malecki to close the public hearing on the proposed Comprehensive Plan amendment. The motion passed unanimously. ACTION ADOPTING PLANNING COMMISSION RESOLUTION NO. 89-1 (COMPREHENSIVE PLAN AMENDMENTT - RESOLUTION RECOMMENDING AMENDMENT OF CITY COUNCIL RESOLUTION NO. 82-255 (COMPREHENSIVE PLAN RELATIVE TO LAND NORTH OF THE FREEWAY AND EAST OF SHINGLE CREEK, ADJACENT TO FREEWAY BOULEVARD Motion by Commissioner Mann seconded by Commissioner Malecki to adopt Planning Commission Resolution No. 89-1, recommending an amendment to the City's Comprehensive Plan to allow commercial and service/office development in area 6a of Figure 15 of the Comprehensive Plan. Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards and Mann. Voting against: none. The motion passed. ACTION ADOPTING PLANNING COMMISSION RESOLUTION NO. 89-2 (Application No. 89003 submitted by the City of Brooklyn Center) RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 89003 SUBMITTED BY THE CITY OF BROOKLYN CENTER Motion by Commissioner Bernards seconded by Commissioner Mann to adopt Planning Commission Resolution No. 89-2 regarding rezoning Application No. 89003 submitted by the City of Brooklyn Center. Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards and Mann. Voting against: none. The motion passed. MOTION RECOMMENDING ORDINANCE AMENDMENT TO THE I-1 ZONE SPECIAL USES Motion by Commissioner Malecki seconded by Commissioner Mann to recommend an ordinance amendment regarding special uses in the I-1 zone and including language acknowledging uses similar in nature as determined by the City Council to the allowable single tenant retail establishments. Voting in favor: Chairman Nelson, Commissioners Malecki, Bernards and Mann. Voting against: none. The motion passed. The Secretary informed the Commission that he would be getting some additional information from Mr. Donn Wiski, the City's consultant on land use regulations on group homes, and would pass it along in the near future. The Secretary also stated that he was grossly mis-stated by the Brooklyn Center Post in its February 23 issue where some quotes were attributed to him regarding clientele in group homes. He noted a number of erroneous quotes and clarified his statement to the Planning Commission. ADJOURNMENT Motion by Commissioner Malecki to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:17 p.m. C rman 3-2-89 -3- P I i i i i f