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Home My WebLink About1980 04-10 PCP / PLANNING COMMISSION AGENDA REGULAR SESSION APRIL 10, 1980 1 . C all to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: March 13, 1980 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. 5. Janice Howell 80010 Request for a home occupation special use permit to offer art classes in the basement of the applicant's home at 6840 Colfax Avenue North. 6. Jerry Harrington 80008 The City Council tabled and remanded to the Planning Commission the applicant's request for a special use permit to operate a bus garage on the property located at 4455 - 68th Avenue North. The Council- directed that the Zoning Ordinance be amended to allow the proposed use by special use permit in the C-2 zone. 7. Other Business - 8. Discussion Items a) Capital Improvements Program .- policies and background data. b) Request to take Business Items at April 24, 1980 Study Session. 9. Adjournment ' Planning Commission Information Sheet Application No. 80010 Applicant: Janice Howell Location: 6840 Colfax Avenue North Request: Special Use Permit — Home Occupation The applicant requests a special use permit to conduct art classes (oil painting/ caligraphy) -in the basement of her home at 6840 Colfax Avenue North. As a home occupation, instruction of more than one, but not more than four students at a time is permitted in the R-1 Zoning District by special use permit in the R1 Zone. The applicant has submitted a letter describing the proposed home occupation in which she states that class sessions of 2z hour duration would be established from 9:00 to 11 :30 a.m.; 12:30 to 3:00 p.m.; and 7:00 to 9:30 p.m. on various days of the week depending on demand. It is recommended that there be further review of the hours of operation. to specify exact days and hours for which the permit would be allowed. The driveway on the premises is apparently long enough to accommodate 3 to 4 cars. While off-street parking is always encouraged with home occupations, the Zoning Ordinance seems to comprehend on-street parking spaces in association with a home occupation (Sec. 35-900). Relative to the Standards for Special Use Permits, the applicant feels that the art classes will benefit the public welfare by elevating the cultural and aesthetic awareness of class participants. There is no noise, glare, or other annoyance which will affect surrounding properties. The impact of one or two cars parked on-street is comprehended by the ordinance and is not felt, in this case, to constitute a serious hazard. The Building Official will make an inspection of the premises and we will be prepared to report on his findings at Thursday night's meeting. As with all home occupations, the primary consideration should be that the home-occupation is incidental and secondary to the residential use. A public hearing has been scheduled and notices have been sent. Approval of. the application is recommended subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and violation thereof shall be grounds for revocation. 3. The hours of operation shall be 4. The permit is subject to the provisions of Section 35-900 of the City Ordinances with respect to parking, number of students, and the general nature of the home occupation as incidental and secondary to the residential use of the premises. 4-10-80 -1- Application No. 80010 5. Any signery associated with the home occupation shall be subject to the provisions of the Sign Ordinance. 6. The applicant will install a fire extinguisher in the basement close to the area used for art instruction. 7. All parking associated with the home occupation shall be off-street on space provided by the applicant..(�A .4-10-80 -2- Section 35-900 (continued) Floor/area ratio - The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building is located. Garage, private - An accessory building or an accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no .business, service or industry connected directly or indirectly with automotive vehicles may be carried on. Green Strip - An area containing only vegetation such as grass, trees, flowers, hedges, and other related landscaping materials, and maintained expressly for such purpose. V_Home Occupation - Any gainful occupation or profession, engaged in by the occupant of a dwelling unit within said dwelling, which is clearly incidental and secondary to the residential use of the premises, provided, such activity does not pro- duce light glare, noise, odor or vibration perceptible beyond the boundaries of the premises; does not involve the use of accessory structures; and, further provided that said activity does not involve any of the following: repair, service or manufacturing which requires equipment other than that customarily found in a home; over-the-counter sale of merchandise produced off the premises; or the employment of persons on the premises, other than those customarily residing on the premises. Examples include: dressmaking; secretarial services; professional offices; answering service; individual music or art instruction; individual hobby craft; child day care (defined as the care of not more than five (5) nonresident children and provided the facility and operation are properly licensed by the County, and provided a record of said license is on file with the City); and the like. Home Occupation, Special - Any gainful occupation or profession,. approved by special use permission, engaged in by the occupant of a dwelling unit within said dwelling or involving not more than one accessory use permitted by Section 35-310 or Section 35-311, and which involves any of the following: stock-in-trade Incidental to the performance of the ,service; repair, service, or manufacturing which requires equipment other than that customarily found in a home; the employment on the premises, at any one time, of not more than one person who is a nonresident of the premises; the teaching of more than one (1) but not more than four (4) nonresident students any given time; or the need for not more than two (2) parking spaces in addition to spaces required for the persons residing-on the -premises; and provided the activity: is clearly incidental and secondary to the residental use of the premises, Including the dwelling, and permitted accessory buildings or installations thereon; does not produce light glare, noise, odor or vibration perceptible beyond the bound- aries of the premises; does not consist of over-the-counter sales of merchandise pro- duced off the premises. Examples include: barber and beauty services, shoe repair, photography studio, group lessons, saw sharpening, motor-driven appliance and small engine repair, and the like. - Hotel - A building which provides a common entrance, lobby, and stairways, and in which lodging is commonly offered with or without meals for periods of less than a week. 2. Standards for Soccial Use Pcrmits 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 public welfare and will not be 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 diminish 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 appli- cable regulations.of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may rec y ommend 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 pro- tection of the public interest and to secure compliance with requirements specified in this ordinance. 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 connection 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 (1 Z) 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 provisions 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 subject 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 t�s nn Ir®�■ ■pis �� trrrr ■�■ ern ��'�e• • • - ®- ®- �� ■ �- ■ �j/:/_try. L•f/; �■� CITY - ■■ �� o NEX .. ■■ • - rr 11 �.�■ - , . . , , ■■ ' man •• WATER TOWER UI rr ;rr �r ilk p / .. ■� °� r■ ,moo mLmj mm M ar .• I .. rr,r�••�r r■ �■r �� Mal, ■ �� ■ - � ..�■ .:.. sir r� - rr �r rr ® ■■� • ■�r r� r® rr r. ...e ,� ■r �r �e rr �r �� Planning Commission Information Sheet Application No. 80008 A Applicant: Jerry Harrington on behalf of the Osseo Brooklyn Bus Company Location: 4455 - 68th Avenue North Request: Special Use Permit The applicant is seeking a special use permit for a satellite office and storage facility for the dispersal of school buses in one of three 20,000 square foot buildings to be built on the C-2 -zoned property located between 68th Avenue North and Interstate 94, west of Iten Chevrolet. The occupant would be the Osseo Brooklyn Bus Company which- provides school bus service to the Osseo School District. This application was considered by the Planning Commission on March 13, 1980 at which time the Commission recommended denial of the application on the basis that the proposed use is neither a recognized permitted or special use in the C-2 zone, the proposed use was not deemed similar in nature to other recognized uses permitted in the C-2 zone and also, because the 'proposed use was deemed industrial in nature and should, therefore, be permitted only in the industrial zoning districts. The City Council considered the application at its -March 24, 1980 meeting and after much review and discussion, the Council tabled the application and referred the matter back to the Planning Commission with direction to review the Zoning Ordinance to possibly include a school bus garage type use in the C-2 Zoning District. The City Council felt the use was compatible, particularly with respect to surrounding uses, and would not have a negative impact if it were allowed. Attached is a copy of a draft ordinance amendment modifying the definitions section of the Zoning Ordinance by defining a school bus garage. The definition would define a school- bus garage as a building or portion of a building used for the storage of school buses, or where any such vehicles are kept for remuneration or hire, excluding major repair of such vehicles. School busess are defined in Minnesota Statutes as "every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transport- ation of children to or from school ." The draft ordinance amendment would also amend Section 35-322, subdivision 3, by adding school bus garage facilities as a special use in the C-2 Zoning District. The proposed school bus garage facility use would require that all storage, including vehicles, and minor servicing and minor repair be conducted wholly within an enclosed building. The ordinance would also not allow such a use to be abutting any residential zoning district including abuttment at a street line. If this ordinance were adopted by the City Council , the use proposed by the applicant would be allowed in the C-2 Zoning District through a special use permit process. Prior to recommending approval regarding such a special use permit, the Planning Commission must address the Standards for a Special Use Permit. The applicant, at the City Council meeting on March 24, indicated that they were not certain as to which one of the three buildings they desired to locate the school bus garage. They also indicated that they wanted the capability of having a gasoline dispensing facility on the site. We have indicated to the applicant that revised plans should be submitted verifying the building to be used and also the location of the gasoline dispensing facilities for review by the Planning Commission. - To this date, no such revisions have yet been submitted. 4-10-80 -1- Application No. 80008 The Standards for Special Use Permits can be found in Section 35-222, subdivision 2, of the Zoning Ordinance (attached). Special use permits may be granted by the City Council after demonstration by evidence that the five criteria are met. Generally, this means that the use will promote and enhance the general public welfare and not be detrimental to,or endanger the public; that the use will not be injurious to other property in the immediate vicinity; that the use will not impede the normal and orderly development and improvement of surrounding properties; that adequate measures will be taken to provide ingress, egress and parking so as to minimize traffic congestion on public streets; and finally, that the use will conform in all respects to applicable regulations of the district in which it is located. The applicant, with his original application, has submitted a letter indicating how it is felt the use will meet these Standards for Special Use Permits. A copy of that letter is again attached with your agenda information, For the most part, it is felt that with- the Zoning Ordinance amendment, the Standards for Special Use Permits can be met by the applicant. Closer review of the Standards is order and any recommendation on the part of the Planning Commission should com-. prehend that these standards have been met. It is further recommended that if there is no submission of revised plans, or an indication by the applicant regarding the location of the proposed use and fuel dispensing facilities, that the application be tabled until the next Planning Commission meeting. The ordinance amendment, however, is recommended for the Planning Commission's review and if this amendment is acceptable to the Planning Commission, a recommendation to the City Council to adopt the amendment can be forwarded without consideration of the special use permit contained in this application. Conditions which should be considered when making a recommendation regarding the application would include at least the following: 1 . The permit is issued to the Osseo Brooklyn Bus Company as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and violation thereof .shall be grounds for revocation. 3. There shall be no outside storage of vehicles or equipment in conjunction with this operation and minor repairs and servicing, including washing of vehicles, shall be conducted wholly within an enclosed building. 4. Gasoline dispensing facilities may be located outside of the :building and must be approved by the State Fire Marshal . 4-10-80 -2- CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SCHOOL BUS GARAGES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 35-322 Subdivision 3. SPECIAL USES m) School bus garage facilities provided ail 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 resi- dential R through R7 district, including abuttment at a street line. Section 35-900. DEFINITIONS Gara e - school, bus A building, or portion of a buildin , used for the storage of school uses a ined in M.S.A. ection u ivision or ere any such vehicles are ept or remuneration or hire, excluding mayor repair of such ve id es. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of PUbl ication Effective Date (Underline indicates new matter ' Planning Commission Information Sheet Application No. 80008 Applicant: Jerry Harrington on- behalf-of the Osseo Brooklyn Bus Company Location: 4455 - 68th Avenue North Request: Special Use Permit The applicant is seeking a special use permit for a satellite office and storage facility for the dispersal of school buses (bus garage). The location of the facility would be in one of three 20,000 square foot buildings to be built on the C-2 zoned property located between 68th Avenue North and Interstate 94, west of Iten Chevrolet. The occupant would be the Osseo Brooklyn Bus Company which provides school bus service to the Osseo School District. The three 20,000 square foot buildings were approved by the City Council under Planning Commission Application No. 78043 in September, 1978. The use approved in that application was termed "wholesale distribution" and a finding was made that it would be "similar in nature to existing uses permitted in the surrounding C-2 Zoning District." Mr. Harrington now indicates that he intends to develop the property as a "commercial condominium" in which each of the three buildings, or tenant spaces within the buildings, would be sold off to the occupants with the common area to be maintained by an Owners Association, similar to a residential condominium. complex. This association would be governed by certain bylaws which would restrict the nature of the uses allowed in the complex to "wholesale distribution" and other nonretail commercial uses. Manufacturing, which is considered to be strictly an industrial use, would be prohibited. Both the bylaws of the association and the establishment of individual "condominiums" are subject to City approval as stipulated .in the procedures outlined in the City's Subdivision Ordinance and also in Chapter 515 of the Minnesota Statutes. The first, and foremost, question raised by this application is not how the proposed use meets or does not meet the Standards for a Special Use Permit, but rather how the use is to be defined and whether that definition will allow the proposal to be considered as a C-2, Commercial use. In a letter of application (attached), Mr. Harrington refers to the proposed use on page 2 as "equipment rental " and as an "educational " use, both of which are permitted uses in the C-2 Zoning District. It is felt, however, that the proposed bus garage cannot be both an accessory educational use and also the leasing of equipment to that use at the same time. The proposed use also does not seem to fit the common under- standing of either of these uses. The bus garage might be considered generic to a "public transporation terminal " which is in Section 35-322 Subdivision 3 (i) as a special use in the C-2 zone. Section 35-900 of the Zoning Ordinance, however, defines 'public transportation terminal " as "a point of assembly or disassembly of people arriving or departing by means of public transportation." This definition clearly refers to a gathering place for people, not vehicles . as proposed by the applicant. While the ordinance gives latitude to approved uses "similar in nature" to permitted uses, the ordinance does not provide such latitude with respect to special uses. A public transportation terminal approved as a special use in the C-2 Zoning District must fit the ordinance definition. The present definition of such a terminal would, therefore, have to be changed before the special use permit could be approved. Such a change is not recommended on the grounds that it would erode the separation between industrial and com- mercial uses. 3-13-80 -1- Application No. 80008 The best example of the proposed use existing in the City is the MTC Bus Garage at 6845 Shingle Creek Parkway. The classification of the MTC Bus Garage use can be found in the minutes pertaining to its approval in 1975. The approval of this application amounted to a determination that the MTC Bus Garage was a "unique public service facility similar in nature to other uses in the I-1 Zoning District." (emphasis added). The minutes indicate that "Council approval of the specific use would comprehend the special characteristics and concerns and would constitute determination that it. was permitted. " The minutes also indicate that "the use was subject to the special requirements of the I-1 District." (Planning Commission minutes, July 17, 1975) thus, the MTC Bus Garage was not approved as a "public transportation terminal.' but as an industrial use which is similar in nature to other uses in the I-1 Zoning District. Since the City has made the finding that a bus garage is an industrial use, the proper location for such a use is in the Industrial Zone, rather the C-2 Commercial Zone. It is, therefore, recommended that the application for a special use permit to operate a bus garage at 4455 - 68th Avenue North be denied for the following reasons: 1 . The proposed use is neither a recognized permitted or special use in the C-2 Zoning District per Section 35-322 of the Zoning Ordinance. 2. The proposed use is not deemed similar in nature to other recognized C-2 Zoning District Uses per Section 35-322 (j) of the Zoning Ordinance. 3. The proposed use is deemed industrial in nature and should, therefore, only be permitted in the I-1 (Industrial Park) and I-2 (General Industry) Zoning Districts. If, however, the Planning Commission wishes to consider the use as a potential commercial use, it is recommended that the application be tabled until the Zoning Ordinance can be amended to comprehend bus garages as commercial uses. 3-13-80 -2- r OLYMPIC INVESTMENTS INC. 7400 - 42nd AVE. N. • MINNEAPOLIS. MINNESOTA 55427 TELEPHONE: 533-2529 February 26th, 1980 CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: Satellite Office & Storage Facility for dispersal of School Buses by the Osseo Brooklyn School Bus Co. Under Standards for Special Use Permits. Section 2(a) : The approval of a Special Use Permit for a satellite office and storage facility for the Osseo Brooklyn School Bus Co. will promote and enhance the general public welfare by decreasing the amount of fuel consumed in picking up and dropp- ing off the children of the School District. The school bus is a vehicle designed to go into a residential area. The school buildings are built in a residential area. A decrease in energy consumption in today's world has to be a primary goal., overriding any other considerations in making final decisions. It will not be detrimental to or endanger the public health, safety, morals or comfort because the buses are already in operation within the City boundaries. Section 2(b) ; Osseo Brooklyn School Bus Co. will not be injurious to use and enjoyment of other property in the immediate vicinity for the purposes already permitted. To the West you have a quasi industrial use in NSP, with their truck, equipment and general storage. To the East, Iten Chevrolet, with their truck, camper, care and assorted vehicle storage. To the North, the Post Office, with their truck and car vehicle storage. If the above uses do not substantially diminish and impair property values, the Osseo Brooklyn School Bus Co. surely will not, because their vehicle storage will be inside which should enhance the esthetic value of the neighborhood in contrast to their neighbors' exterior storage. 3 City of Brooklyn Center -2- February 26th, 1980 Section 2(c) : District 281 bus service functions well in a similar type location at 42nd and Winnetka Avenue North in New Hope. As for normal and orderly development of surrounding property for uses permitted in the District. This is the last piece o€.undeveloped property in the Northwest Quadrant. The uses cited in (a) and (b) are so similar in use it will be hard to see where one begins and the other ends, with one exception. Our use will be interior storage, vs. , exterior storage on the adjacent properties. Permitted uses in the District. Under Section 35-322 of the City of Brooklyn Center Zoning Ordinance, Item 1-E-7. (Educational) equipment rental and leasing services are permitted. The Osseo Brooklyn School Bus Co. rents buses and leases buses and drivers to the School District. Service organizations such as Lions, Kiwanis, Knights of Columbus, Chamber of Commerce, etc. Churches, hockey and sports clubs, Junior Achievement also use their services. Because there is no specific definition of equipment rental or leasing services in the definition section of the zoning ordinances, excluding the above use, we feel it could be a permitted use in the C-2 zoning under our wholesale distribu- tion Special Use Permit. Also under 35-322 Item 1(h) educational uses. The bus business is a hybrid, a quasi educational necessity to provide transportation for the school system. It is indirectly a necessary instrument for the education of our young. Because of the lack of definition to this specific item in the glossary under educational uses, we feel that the City of Brooklyn Center could and should include it under a broad general interpretation of 35-322 1(j) - other uses similar in nature to the aforementioned uses as determined by the City Council. The school system con- tracts with different suppliers and service groups to maintain and supply said buildings. This interpretation of the ordinance would indicate that the Osseo Brooklyn School Bus Co. is a contractor, who contracts with the school system to provide transportation services for the School District under 35-322, Item 1(j). • �I • • City of Brooklyn Center -3- February 26th, 1980 Section 2(d) : All ingress and egress has been approved under the Special Use Permit for a wholesale distribution center. The buses would all be interior storage. Access to the property would be: (1) 68th and then East to Brooklyn Blvd. (2) North on Lee to 69th. Then East or West on 69th. The buses would have the heaviest disbursement during the follow- ing; hours: Time: Heavy Medium Light Exit - 7:00-7:15 AM x Return - 9:00-9:30 AM x Noon (Kindergarten) x Exit - 2:00 PM x Return - 4:30 PM x NSP facility has truck and equipment returning and arriving during the following hours: Exit Return 7:30 AM 11:30 AM 12:00 PM 4:00 PM Post Office facility to the North has the following hours on their trucks: Time Number of trucks (big) 5:00-5:30 AM 1 8:00-8:30 AM 1 10:00-10:30 AM 1 1 PM 1 2:30 PM 1 5:00 PM 1 d City of Brooklyn Center -4- February 26th, 1980 The Post Office also has 80 small delivery trucks leaving and arriving at the following times: Out 9:30-11:00 AM Back 3:00-5:00 PM We feel that the City could and should give us a Special Use Permit for a satellite service for the Osseo Brooklyn School Bus Co. for the reasons outlined above. Sincerely, OLYMPIC INVESTMENTS INC. By: erry E. Harrington, President JEH:e f T.f Avf M _. ... 7 . 70iH 4 � �! A N t 4z C > •- - w �O > > —- • WILLOW LANE- � �� ` �C PARK - Q 9n z 0 Ltr i0 a f � = T—.. - � 7n. 150 z U.S. } I I ► -- --�rQ POST • I I OFFICE > / < > -+i WATE R < _ G TOWER C R3 1 AVE s C2 Q -za- R2 2 Lai It Ex R J � _�yy 7 0 _ G7'TH A N. C 94 Aft V APPLICATION N0. l l . ,� 80008 W I N C H E S T E R LAN E K AYE. N. 65 TH AVE F• z - r 494TH' AVE N i P - -- - PARK/ EL"fJOR LANG W N. a3mv AV L FT4-JFT�