HomeMy WebLinkAbout1980 03-13 PCP PLANNING COMMISSION AGENDA
REGULAR SESSION
March 13, 1980
1 . Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes: February 14 and 28, 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. Jerry Harrington 80008
Request for a special use permit to use one
of the three warehouse-type buildings approved
under Application No. 78043 at 4455 - 68th Avenue
North for a bus garage.
6. Peter Ulmaniec 80009
Request to resubdivide two preexisting lots at
5907 Bryant Avenue North and 5906 Colfax Avenue
North which were previously combined for tax
purposes.
7. Other Business
8. Discussion Items
9. Adjournment
i
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 nd,41 s�i�Chapte�51 5 of th�Mi�nnesota
tu te.�
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 g1 might be considered generic
to a ""public transporation terminal " which isAin 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 approve4
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-
i
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) 'Vus, 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 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.
-w--�-� .
i
3-13-80 -2-
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.
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
of 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).
-
City of Brooklyn Center 1 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
I
'I
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
i
Section 35-320, 1 (continued)
(t) Other uses similar in nature to the aforementioned uses, as deter-
mined by the City Council.
2, Special Requirements
(a) See Section 35-411 of these ordinances,
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 ,
Section 35-321 . ClA 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 C1A district.
2 o Special Requirements
(a) See Section 35-411 of these ordinances,
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 .
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 this category does not permit drive-in eating
places.
(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.
Section 35-322, 1 , (c) (continued)
(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 proprietory items
Liquors
Antiques and second hand merchandise
Books and stationery
Garden supplies
Jewelry ,
Flowers and floral accessories
Cigars and cigarettes
-Newspapers and magazines
Cameras and photographic supplies
Gifts, novelties and sourvenirs
Pets
Optical goods
Sporting goods and bicycles
(d) . .Service/office uses described in Subsection (b) through (s) 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) Re-upholstery and furniture repair shops .
(6) Laundering, drycleaning 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.
Section 35-322 , 1 (continued)
(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.
(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 v.,hen
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.
2. Special Requirements
(a) See Section 35-412 of these ordinances,
Section 35-322 (continued)
3. Special Uses
(a) Gasoline service stations (See Section 35-414) , motor
vehicle repair and auto washes provided they do not abut
an R-1 , R-2 or R-3 district, including abutment at a street
line; trailer rental in conjunction with these uses , provided
that there is adequate trailer parking space.
(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 Section 35-704, 2 (b) and 2 (c) .
• (c) Drive-in eating establishments provided they do not abut
an R-1 , R-2, or R-3 district including abutment at a street
line.
(d) Eating establishments offering live entertainment; recreation
and amusement places such as motion picture theaters and
legitimate -theater; sports arenas; bowling alleys; skating rinks;
recreation centers; gymnasiums and athletic clubs; and health
spas, all provided they do not abut an R-1 , R-2, or R-3 district,
including abutment at a s'tree't 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 (R-1 through R-7) district, including
abutment at a street line.
Section 35-900 (continued)
Person - An individual, firm partnership, association, corporation or
joint venture or organization of any kind.
Public Transportation Terminal - A point of assembly. or disassembly of
people arriving or departing by means of public transportation.
Rest Home (Nursing Home) - A private home for the care of children, of the
aged or infirm or a place of rest for those suffering bodily disorders. The terms
"nursing home" and "rest home" shall include "nursing homes", "boarding care homes",
"child care institutions", licensed and regulated by the State Commissioner of
Public Welfare, but shall not include maternity care homes or hospitals which are
so regulated.
Retail Sale - A transfer of title or possession of personal property to a
purchaser for a price.
Right-of-way - That property within the boundary of a street or highway
easement, or that property owned by a governmental body for roadway purposes;
generally the right-of-way extends beyond the actual surfaced portion of the
roadway. The street right-of-way line is coincident with the property line of the
abutting property, and is the line generally used in calculating setbacks.
Rummage Sale - The infrequent temporary display and sale, by an occupant on
his premises, of personal property, including general household rummage, used
clothing and appliances, provided: the exchange or sale of merchandise is conducted
within the residence or accessory structure; the number of sales does not exceed
four (4) per year; the duration of the sale does not exceed three (3). consecutive
�1 days; any related signery shall be limited to the premises and to other residential
property provided that property owner's permission has been obtained to display such
signery, shall conform with the sign ordinance provisions for home occupations and
shall be removed at the termination of said sale; and the conduct of the sale does
not encroach upon the peace, health, safety, or welfare of the citizens of Brooklyn
Center.
Sauna - Steam bath, hot water bath, or heat bathing by use of heat lamps,
and any such room or facility specially constructed therefor, used for the purposes
of bathing, relaxing or reducing utilizing steam, hot air, hot water, or heat lamps
as a cleaning, relaxing, or reducing agent.
Service Station (Gas or Filling Station) - Any• bui,lding or premises used for
dispensing, sale or offering for sale at retail any automotive fuels or oils, and
where battery, tire, and other similar services• may be rendered.. When such dis-
pensing, sale or offering for sale of any fuels or oils is- incidental to the conduct
of a public repair garage, the premises, shall be classified as- a public repair
garage.
Setback - The minimum horizontal distance from a building, hedge, fence, wall
or structure to the street or lot line.
Sign - Any message-bearing device for visual communication that is used
primarily for the purpose of bringing the subject thereof to the attention of the
public including any banner, pennant, valance or similar display.
f y
K
2
._ 70TH 1i k ,,
_
WILLOW LANE. ` C-2
PARK
. o R4 Q y a
I50 lil 611TH AVT
z-U.S.-- i y
POST �
' OFFICE !
c WATER /
TOWER
o
t a � itd
C2
z �' � it 2 ' t
z
u
....`°"..`G I i H AVE 14
lop
PIT
P APPLICATION NO.
00008
LAN E
>
AVE. N. 6S TH AVE J F
A-
<
r`
Z _ v 6 4TH AVE N
— 0 i
PARKi oR
ELEn oa LAHL
N.
6SRp AYE
R�44::Tl
z
Planning Commission Information Sheet
Application No. 80009
Applicant: Peter Ulmaniec
Location: 5907 Bryant Avenue North/5906 Colfax Avenue North
Request: Resubdivision
The applicant seeks approval to resubdivide two pre-existing lots between Bryant
Avenue North and Colfax Avenue North in the 5900 block. The two lots are
described as Tract 0 and Tract P of R.L.S. 1271 . These lots were combined for
tax purposes at the time of the filing of R.L.S. 1271 . Mr. Ulmaniec wishes
simply to redivide the properties along the same line. Tract 0 will be 77'. x
135.32' and Tract P will be 77 ' x 136: Mr. Ulmaniec presently resides at 5907
Bryant Avenue North (Tract P) and there exist no structures on his lot which
would fail to meet required setbacks when the old property line is reestablished.
There are no other zoning issues involved in this application. The resulting
lots meet all ordinance requirements.
Approval of the application is recommended subject to at least the following
conditions:
1 . The resubdivision is subject to the approval of the City
Engineer and the City Assessor prior to the filing with
the County.
2. The resubdivision approval does not comprehend approval
of any other action pertaining to the use of the property.
3-13-80
m
:ice 'i�■ i�� -_� `� �i�
ills,
BROWN
won
i ai ii ■�iri i� iii � � � f