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HomeMy WebLinkAbout1981 07-16 PCP t ' 4 PLANNING COMMISSION AGENDA REGULAR SESSION JULY 16, 1981 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes : June 25, 1981 4. Chairman'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 . (' 81047 5. Mel Boyd/Erlmar Properties Request to rezone from C1 to R4 the south 40' of Lot 3, P.B.C� 1st ddition. A preliminary plat to combine this (PIN 64 land with Mt 4, P.B.C. 1st Addition (presently zoned R9) was approved by the City Council on July 13, 1981, subject to approval of this application. 6. Bob Ryan Oldsmobile 81049 Site and building plan approval for the addition of a new car flazda sales office and a used car sales office at 6700 Brooklyn Boulevard. This application is an amendment to the site plan approved under Application #81006. 7. Other Business 8. Discussion Items 9. Adjournment Planning Commission Information Sheet Application No. 81047 Applicant: M.G. Boyd/Erlmar Properties Location: 6100 block Beard Avenue North Request: Rezoning The applicant requests rezoning of the land abutting Beard Avenue North and lying north of Lot 4, P.B.C. 1st Addition (now vacant) up to 40 feet. This is the south 40 feet of Lot 3, P.B.C. 1st Addition, which is presently included in the P.B.C. Clinic site at 6120 Brooklyn Boulevard. The land is currently zoned Cl and is surrounded by Burger King to the southwest, R4 zoned land to the south, Beard Avenue North to the east, and the P.B.C. Clinic parking lot to the north (also zoned Cl ) . The purpose of the rezoning is to add enough land area to the vacant R4 property to the south so that four dwelling units can be built at the ordinance-required density. The R4 zoning district permits dwellings one and one-half to two storeys in height at a density of twelve (12) units per acre. However, before calculating the maximum number of units permitted, the land within the setback area abutting public streets must first be deducted (Section 35-400, footnote (1 ) (a) ) . The existing R4 vacant lot is approximately 10,708 sq. ft. ; 8,250 sq. ft. after deducting the front setback area. At one unit per 3,600 sq. ft. , the existing lot can accommodate only 2.29 R4 type dwelling units, or 2.0 R3 type dwelling units . These options make the property almost unbuildable except for a two unit r � townhouse complex. The additional 40 feet of land adjoined to the existing lot will result in a 16,653 sq. ft. lot (12,792 sq. ft. after setback deduction) which is capable of supporting 3.55 (or 4) R4 type units or 3.08 R3 type units. The newly created property would also exceed the ordinance requirement of a minimum 100' lot width for R4 dots . Currently the lot is substandard at 70' width. There- fore, the proposed expansion of the R4 district by the enlargement of the vacant property abutting Beard Avenue North would make development of the property within ordinance standards more feasible. The transfer of land from the P.B.C. Clinic site and the Cl zoning district to the vacant R4 site is made possible based on a proof-of-parking plan for the P.B.C. Clinic site which shows adequate land for all required parking on the remaining clinic property. The existing P.B.C. Clinic has a gross floor area of 13,105 sq. ft. which results in a parking requirement of 87 stalls (one space/150 sq. ft. of floor area for medical uses) . Currently, there are only 89 stalls on the site. However, a proof-of-parking plan submitted for a proposed addition (never built) in 1968 shows 111 potential stalls not including land area which would have been used up by the addition to the clinic. The additional 22 stalls possible based on the proof-of-parking plan and the two extra which presently exist on the clinic site more than offset the loss of 15 stalls within the land area to be transferred to the vacant R4 lot. The applicant has submitted a letter (attached) in which he addresses the Guide- lines for Evaluating Rezonings (Section 35-208:4, also attached) . The applicant generally stresses the value to the community of providing additional rental housing and an increase to the tax base. He also stresses the improved opportunities for building on the enlarged lot over the present lot. 7-16-81 -1- e r Application No. 81047 continued Of note is the fact that the property presently described as Lot 3, P.B.C. 1st Addition was originally zoned for multi—family development and then rezoned to Cl in 1969 to accommodate a proposed expansion in the P.B.C. Clinic. The expansion, however, never took place, leaving some excess land in the Cl district which apparently will not be used. Section 35-210:2 of the Zoning Ordinance (attached) allows for a review of just such rezonings when no structural work has commenced within two years of the date of the rezoning action by the City Council . Since no addition to the clinic has been pursued, it would seem entirely appropriate to zone the land again for multi-family residential development which is now being actively pursued. Based on these considerations, approval of the rezoning request is recommended. In addition, staff would recommend that the Neighborhood Advisory Group review process be bypassed in this case in lieu of the minor extent of the rezoning and the previously established multi-family zoning of the land. Any recommendation to rezone the property should be consistent with a finding that the Rezoning Policy and Review Guidelines have been met. A public hearing has been scheduled and notices have been sent to owners of property within 350 feet of the land in question. Mr. Boyer Palmer, owner of the Brookdale Manor Apartments at 6101 Beard Avenue North,has called to say tie has no opposition to the rezoning request. 7-16-81 -2- A Section 35- 208.. REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose. The City Council finds that effective. mainten ance of the com- prehensive planning and land use classifications is enhanced through uniform and equitable evaulation 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 shall 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 guidlines which may be weighed collectively or individually as deemed by the City. 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 all 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, con- figuration, 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? Section 35-210 (continued) (i) The Secretary of the Planning Commission, following the Commission's action upon the application, and the City Clerk, following the City Council's action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application. (j) The applicant or his agent shall appear at each meeting of the Commission and of the City Council during which the application is considered. Furthermore , each applicant shall provide for the Commission or the City Council, as the case maybe, the maps, drawings , plans , records or other information requested by 'the Commission or the City Council for the purpose of assisting the determination of 'the application. 2 . Review of Rezoning Where property within the municipality has been rezoned for a less restrictive land use upon petition of -the owner or his agent pursuant to the provisions of this ordinance and where no structural work thereon has commenced within two (2) years of the date of the rezoning action by the City Council, the Planning r'ommission may review the zoning classification of 'the property in the light of the Comprehensive Plan and make appropriate recommendations to the City Council which may include the recommendation that the subject property. be rezoned to permit a more restrictive use I Uunformance with the provisions of -the Comprehensive Plan. Section 35-220 . SPECIAL USE PERMITS Special uses are those which may be required for the public welfare in a given district but which are, in some respects , incompatible with the permitted uses in the district. Before a building or premises is devoted to any use classified as a special use by this ordinance, a special use permit must be granted by the City Council. The following rules shall govern applications for a special use permit: • I , I I I I , , , MIA I I I , - i i._ I f - I I ' 00,f ; ;',. , I I - .f , t 00 L lo!) w a a ri. { f lap Ulf �� ♦ r� GNP CP AV eA 1 I � ! 0 62++ g' i L_..f�t)1'iMw.•".rww�...-.a.. M3 �1! '���`a . � I ` f J_... __ _.I_T_ �.. l fi MD . Or"-"- APPLICATIONr T A E_�_ NOS. 81046 and i 81047 alto WAN IG TA D W P _ a ---- t —BOTH } -- t +- — W - - w -- -- Ar cr 4 f ' UL 9TH AVE J ♦ ; ` NORTHWAY OR. v K K ♦ 1 A Y�E COUNTY � 1..__. t ♦ � t �. } -'l'� - -'. i..__. -._..._.1_..__.-_ � .._ A X5..3 � � �\�� v Y _......._ .�.�- 1.....v ry ;oh_..:� r • TO WHOM IT MAY CONCERN: (A) The present condition of the site may be regarded as unsightly. . . . a vacant lot without any amenities and unusable as is . Our proposal will allow the building of needed residential rental units , beautify the site and increase ' the City's tax base. (B) The area we are requesting to have rezoned is simply creating a larger parcel of land which is compatible with all surrounding uses. (C) We are creating a buildable lot under the present ordinance. . . as the areas stand now the R-4 area does not allow construction of a building on a site the size of our existing lot. (D) We understand that the zoning was changed from R-4 to C-1 anticipating an addition to the P.B.C. Clinic. This addition has not been built and we are requesting a portion of the rezoned area to be returned to R-4. (E) - (F) The property will fully comply to the ordinances in .this district. (G) The property is unsuited for the permitted uses of an R-4 district based on its size. (H) The rezoning will result in an additional R-4 site being available in the City. . . an amenity as there are few such sites available. (I) This proposal will expand the potential for rental housing in the City. . . adding 4 units to its current stock of housing. . .clearly a benefit in these times of little construction activity and few units being constructed. Thank you. Mel Boyd Box 247 Elk River, MN 55330 441-5999 i Planning Commission Information Sheet Application No. 81049 Applicant: Ryan Oldsmobile Location: 6700 Brooklyn Boulevard Request: Site and Building Plan Amendment; Special Use The applicant requests approval of an amended site and building pla.n to add a new car Mazda sales office and a used car sales office on the Ryan Olds site at 6700 Brooklyn Boulevard. The property is located at the northeast corner of I-94 and Brooklyn Boulevard and is bounded by North Star Dodge on the north and the Victoria Townhouses and single-family homes to the east. The proposed plan is similar to that which was approved under Application No. 81006 earlier this year, except that the used car sales building will be detached and approximately 80' north of the main building. Except for some internal structural changes , the new car Mazda sales building will be the same as was approved under Application No. 81006. The proposed used car sales building is presently located at Brookdale Pontiac, 6801 Brooklyn Boulevard. The building is roughly 700 sq. ft. in area and, there- fore, need not be fire sprinklered in accordance with Chapter 5 of the City Ordinances. The proposed plan presents no new zoning concerns such as setbacks, parking, land- scaping,drainage, etc. The site already conforms with past zoning approvals , Application Nos. 68010, 75001 , and 75004 and the proposed new buildings will not require any change in the site to meet ordinance requirements. As a point df informatac%n, it should be. noted tJ the roof sign`` hown on the . pro osed used car sales building can be allowed ,nder the Sign Ordinance, subject to t\er rictions of Section 34-140:3.A.(2),(`c) .`' The Sign Ordinance allows for ' two nding signs on the Ryan Olds site: However, they must be 200 feet aparcordance with the above section a nd provided the •'establishment. is not makiof nonconforming signs. (The Sign Ordinance also permits roof signs in lfreestanding sig"ns) . Since there are no freestanding identification si g e site, the pr�fposed roof sign is permitted,.,gip to 250 sq. ft. in area. Altogether, the plan seems to be in order and approval is recommended, subject �y to at least the following conditions: ,� ` Building plans are- subject to review and approval by the Building Official prior to the issuance of permits. 2. The two upper floors and the New Car Sales Office approved under Application No. 81006 shall be equipped with an *automatic fire extinguishing system in accordance with NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances . 3. The special use permit as amended- is issued to the applicant as operator of the facility and is nontransferable. 4. The permit is subject to all applicable codes, ordinances , regulations and violation thereof shall be grounds for revocation. 5. Plan approval is exclusive of all signery which is subject to the provisions of the Sign Ordinance. 6. Plan approval acknowledges approval of Application No. 81006 as to location and exterior treatment of the new Mazda car sales office. 7-16-81 Section 35-220. SPECIAL USE PERMITS 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: (a) The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not._he detrimental to or endanger the public health, safety, morals, or comfort. (b) The special use will not be injurious to the use and enjoyment of other property in the immediate . vicinity for the purposes already permitted, nor substantially dir;u.nish and impair property values within the neighborhood. (c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. (e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, . location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ord- inance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connec- tion therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the pro- visions of this ordinance, such permit shall expire without further_ action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the sub- ject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee of $15.00. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the sub- ject property pursuant to such special use permit has not commenced within that time. • In any instance where an existing and established special use is abandoned for a period of one year., the special use permit re- lated thereto shall expire one year following the. date of abandon- ment. Al 1 < ✓ .1 i • t F-4 A f ... - — . r f { a r lr !.. x ., r OL IN POIT j 1 s , 1 FFF ' FF ��E y n4 �— OFFICE MOUND TOWER ER CEMETERY w �4 or. `1 w' ' \ — _f� EE 4 ;Ay AVE N. 4 °— -- PARK , . / -- / APPLICATION NO. 77 81049 F T Av — 'i _ r 1V 1T s ` "- —, v T� R% T c ---- -- -- �n n a = i d. 4 x Fi a n V F Ja t{s BROOKt_ANE I PARK -- — — •— -d , GARCIEN CITY SCHOOL 1, u