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HomeMy WebLinkAbout1979 05-10 PCP ,► PLANNING COMMISSION AGENDA REGULAR SESSION - May 10, 1979 1 . Call to Order: 8:00 p.m. , 2. Roll Call + 3. Approval of Minutes: April 19, 1979 (Special Session) 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 on these matters. 5. James Speckmann 79021 Preliminary Plat approval to combine two contiguous parcels at 5637 Brooklyn Boulevard. �. New Horizon Day Care Center 79022 Special Use Permit to operate a licensed day care center in Berean Evangelical Free Church at 6625 Humboldt Avenue North. 7. Brooklyn Center Industrial Park 79023 Rezoning from R3 (Townhouse/Garden Apartments) to C-lA (Service/Office) and/or I-1 (Industrial Park) of approximately 7.84 acres of a 20.28 acre site located westerly of Shingle Creek Parkway and /1erxes PivC11ue Brut t111. 8. Brooklyn Center Industrial Park 79024 qjool Preliminary Plat approval to create 11 single family residential lots on an approximate 3 acre site located easterly of Xerxes Avenue North, south of I-94. 9. Jarold Modeen 79025 Rezoning from R-1 (Single Family Residential ) to C-1 (Service/Office) the properties between 5455 to 5549 Brooklyn Boulevard. 10. James S. Warren 79026 Special Use Permit for an animal hospital to be located at 413 - 66th Avenue North (the former 7-11 Store). ll . . Northbrook Alliance Church 79027 Preliminary Plat to combine an approximate 50' x 114' parcel with Lot 1 , Block 1 , J; .R. Murphy Addition to create a buildable lot in the 6200 block of Bryant Avenue North. 12. Other Business 13. Adjournment ' Planning Commission Information Sheet Application No. 79021 Applicant James Speckmann (Brooklyn Properties) Location:. 5637 Brooklyn Boulevard . Request: Preliminary Plat Approval The applicant is seeking Preliminary Plat approval to combine, into a common lot, an approximate 28' x 165' parcel adjacent to Northport Drive with an approximate 167' x 291 ' parcel located at 5637 Brooklyn Boulevard (slaughterhouse property) . The Planning Commission on April 26, 1979, under Application No. 79020, recommended approval of site and building plans for a 14,850 sq. ft. law office on this pro- posed combined site. One of the conditions of the recommended approval was that the property is subject to platting prior to the issuance of occupancy permits. This application i.s in response to that approval . The property in question is bounded on the east by the Brooklyn Boulevard frontage road; on the west by Northport Drive; on the north by two single family residential properties and on the south by the Library property and two single family homes occupied temporarily by CEAP. The survey submitted by the applicant includes only the old slaughterhouse property and the 28' x 165' parcel that is a portion of the present Library Terrace Addition. Approval of the applicant's plat, as submitted, would in effect create a metes and bounds description for the Library Terrace Addition which is contrary to City policy. When property is split from platted property and combined with another parcel , all of the affected property is required to be platted, thus eliminating potential metes and bounds descriptions. It is recommended that either the Library Terrace Addition be included with this plat or that a separate preliminary p'la't for the Llurai'ji proper-�y be siiuuii t-C2u Ni itZr w f",nall r13,. ..In,p+ .3 . T approve the preliminary plat as submitted would be a departure from .heC; y Council 's policy and, therefore, would have to be acknowledged as such. The City Engineer will be prepared to review the plat in more detail . A public hearing has been scheduled and notices have been. sent. Approval of the preliminary plat should be subject to at least the following conditions: 1 . The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 2. The final plat is subject to review by the City Engineer. ' 3. Prior to final plat approval , the plat shall either be revised to include the Library Terrace Addition or a separate pre- liminary plat for the Library property shall be submitted. 5-10-79 Mf . ni�nn� • oil MIMI IM MUM MIM IM MM' M! IMMI MUM MM MIM mm OWN slim Ann 11 ova JUNK MW IM } Planning Commission Information Sheet Application No. 79022 Applicant: New Horizon Day Care (Susan K. Dunkley) Location: 6625 Humboldt Avenue North (Berean Evangelical Free Church) . Request: Special Use Permit to operate a child care center at Berean Evangelical Free Church. The applicant is seeking a special use permit to operate a child care and nursery school facility in the lower level of Berean Evangelical Free Church at 6625 Humboldt Avenue North. The property is zoned R-1 and child care and nursery school facilities are considered permitted special uses in the R-1 zoning district as noncommercial uses required for the public welfare, as determined by the City Council . The property has previously been used for .educational purposes and Faith Academy was granted a special use permit to operate a parochial school for up to 75 students ranging from kindergarten to ninth grade under Planning Commission Appli- cation Nos. 73026 and 74038. The applicant has submitted a letter (attached) indicating their proposal and outlining other facilities that they operate. They presently operate a nursery . school at the Lutheran Church of the Master, 1200 - 69th Avenue North, in Brooklyn Center. They contemplate hours of operation that would be from 6:30 a.m. to 6:00 p.m. Monday through Friday. The center would provide care and instruction to children in age groups between 16 months and 6 years. Latch key care (before and after school) would be provided for first graders. The City has received confirmation (letter attached) from the Minnesota Department of Public Welfare that t��e fuciiity is 1 icenseable for day cwr for approXim el 60 to 75 children, ages 16 mo-nths to % years kTirst grade) . The City Sanitarian has indicated in a letter (attached) that certain improvements must be made to the facilities before his approval can be granted. The Building Inspector and Fire Inspector have also reviewed the premises and find no problems. Section 35-220, 2, indicates that Special Use Permits 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 or 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 substanitally 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 congest- ion 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. 5-10-79 -1- t Application No. 79022 A public hearing has been scheduled and notices have been sent. Approval of this application should be subject to at least the following conditions: 1 . The special use 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 any violation thereof shall be grounds for revocation. 3. A copy of the current operating license shall be kept on file with the City. 4. Approval by the City Sanitarian of all cooking, eating and washing facilities shall be granted prior to the issuance of the permit. 5. The number of students at any given time shall be limited to 75. 6. The hours of operation will be from 6:30 a.m. to 6:00 p.m., Monday through Friday. 5-10-79 -2- day care centers & nurse :schools rY April 18, 1979 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Attention: Planning Commission Re: Operating a New Horizon Day Care Center Conditional Use Permit at site known as Berean Evangelical Free Church at 6625 Humboldt Avenue North, Brooklyn Center Gentlemen: The purpose of our application is to obtain a Conditonal Use Per- mit at the above location as New Horizon is very interested in leasing a portion of the premises. We would like to tell you bi:lt. Ly who we are, our intentions and adequately explain to you why we feel such a Conditional Use Permit should be granted. New Horizon was founded almost eight years ago when we opened our very first school - a nursery school at Lutheran Church of the Master which continues at this same location. This was followed by the Nursery School in Maple Grove. Approximately two years later, realizing the existing need for expanded child care on a full time basis, we opened the Brooklyn Park facility as an all day child care center. Within a few months time, the Spring Lake Park facility, offering both nursery school and full day care was opened. In August 1977 we opened our Plymouth location offering a complete range of day care services. In Plymouth, we purchased, renovated and utilized a church facility after obtaining a Condi- tional Use Permit. In August of 1978 , we opened a center in the Minnetonka-Hopkins area and another in Eden Prairie, followed in September by the center here in St. Louis Park where our office is located. In March of this year, we opened a day care center in New Hope within the Northwest Baptist Church at the intersection of Boone Avenue and County Road # 10 (Bass Lake Road) . We are well established in the communities and have provided a very necessary service. We will provide to you letters attesting to our programs and the continued growing need for such day care facilities. 4951 excelsior blvd,, st. louis park, minnesota 55416 m 6l2/927-4377 Page 2. Child care centers are educational programs that help a child become independent, inquisitive and learn to share, love and respect their peers and adults. They are structured similar to a kindergarten classroom but do not take the place of such. We work closely with each school district to see that our material correlates to theirs. Our day care centers are not babysitting services, we are educational schools where the children learn, grow and have fun in a structured atmosphere with certified teachers at the helm. New Horizon, at the present time, in our existing facilities, has 50 employees, 28 of whom are certified teachers for the approximate 500 children now enrolled. New Horizon is a private school, licensed and governed in all its existing .facilities by the State of Minnesota. We are federally certified for Title XX children. Our goal is to operate a complete child care and nursery school facility in accordance with the standards achieved in our other centers. Our research indicates a need in .the community for the services we provide and they include: 1. Full day care 6:30 A.M. to 6 : 00 P.M during the week 2. Toddler care Children from 16 months to 31 months 3. Preschool care Children from 31 months to 6 years 4. Latchkey are Children up to 12 years of age for care (before and after school) We hope that our decision is to approve our request for a Con- ditional Use ermit. In your determination, please consider the following: 1. The benefit of our service to the community and the residents thereof a d the obvious need for a full day care facility 'in Brooklyn enter. 2. Our experience in and with other communities. 3. It is our intention to renovate and improve the building as follow 3: We will make all interior improvements to comply with state requirements as designated by the State Coordinator and Licensing Con- sultant, Sally Goldberg. 4. Make all improvements and changes as outlined by Lyons Mander- felt, Fire Marshal and Thomas Hennan, Brooklyn Center Sanitar- ian. r Page 3. Enclosed please find a diagram of the interior and exterior of the proposed area for day care along with xerox copy of letter from the Sanitarian relative to this facility. Should you ha a additional questions concerning the matters covered herein, please call me either at the office or in the evenings at my home - 938-6591 so that we may clarify for you, or in the alternative, obtain the additional information for your consideration. Very truly yours, Sue Dunkley SD do Enclosures: Interior Drawing Exterior Drawing erox Copy - Letter from Thomas L. Heenan rn 9 { day care centers &nursery schools 3 Susan K. Dunkiey 12/927-4377 President - 4951 excelsior blvd., st."louis park,. r iinnesoto 55416 e Z ti� xv L I N a Ei►i:►�� :1 �"N ►.f ►,T1 ! '�!IN(J t:3( 'i � �i!;.1 Ti;APtWr1F 16 1 E-61 b443 it ..+s 'gty7ti+`.•': 11 1 \ r il",i� March 26, 1979 . Mr. Byron De n.1%loy Now Hori-c:7 Entarr�ri os, Inc. a 4951 Excolcjior Eoul® and St. Louis Park, 5416 Dear tor. Dusnk loy : -i We will approve your proposed day care center at the Berean Evangelical Church, 6625 Hui=zbold Avanuo North, Brooklyn Center, 11innesota, sub jtct to the following roq irer:.enta s . 1. . Provid.9 a N tional Sanitation Foundation approved dichwpghor. 2. Provides a F approved stove, refrigorator and freezer (placed on astars) 3. We will riot require a vent hood. at thin timo bared on vof.tr 2:.?1?"o°'t. t.i on rr'r?a.atE1?1m r'?nii, V1'i V'i] ? }?f5w•'�aseor require a vunt hood if experience ollicros that it is neC� ssai'tj. 4. Surface was in cooking and food preparation areas with corami.c ti , Glasboard, or equal. S. Install b& cove scolding in kitchen. - 6. SO&I wood GIVOS. . . 7. Ftapl� ca ot nod coiling tiles . S. Raplac:3 *4011 partition in btrithroom. . 9. Tiesurhaw3 be t iroom walls with a clown ble sLfrfaca. 14. Cov r h3at lipa in bathroom, with a cloanablo curface. 11. Provid-3 bP . -cowing in bathroom. lx. Dazignnta ora Bink an a handwashing sink with singlo- sarvica- uou„ rind taiels. . If you hava any gen:a ions pleaw® feel free to call on me at 537-8421. Very truly yours , Tho"s :.. Heenan Supervising Sanitarian Brooklyn Center Feal h Dapariroant *Ii:c bh 1 0 STATE OF MINNESOTA DEPARTMENT OF PUBLIC WELFARE OFFICE OF THE CENTENNIAL OFFICE BUILDING GENERAL COMMISSIONER INFORMATION 612/296-2701 ST. PAUL, MINNESOTA 55155 612/296 117 April 17, 1979 Planning Commissio City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Gentlemen: I have inspected Berean Evangelical Free Church at 6625 Humboldt Avenue North with Byron and Sue Dunkley of New Horizon Day Care. This facility will be licensable for day care for approximately 60 to 75 children, ages sixteen months to 7 years, if the operators meet all local fire, building, zoning and health codes, and fully meets standards, DPW Rule 3 for day care. Feel free to call me at 296-2873 if you have any questions. Sincerely, V � Sally G dberg Licensing Consultant CT/agf AN EQUAL OPPORTUNITY EMPLOYER DPW-825 i�syi SCHOOL. 1 r t av l t 'o '►+ Or N hi Av r R 5 - --- -' __--� Z CITY R MAINTENANC EMERS -'ANE ANNEX ' R4'_ C2 C2 R4 � AVE WATER TOWEF CODUTY ROAD NO. 130 APPLICATION NO. C2 79022 R 5 > C2 R5 a AY � I 0 R5 W 67 H VE _ Y z BROOKLYN CENTER,—d a w HIGH SCHOOL > a Y FIREHOUSE W R I1 W a T � ^�: ' PART V � . FIRE STA. FREEWAY BLVD. 6 C) r r /�c� i 1 t-- ` `I� '�U C2 o AVE N. i o — — 94 W.B. --<— — Zz 2 ���0 �7' 694 E.B. — -- PROPOSED ROADWAYS �0 94 EB. }--C PROPOSED BRIDGES a 'on Sheet vPlanning Commiss ion Information Application No. 790 3 Applicant: Brooklyi Center Industrial Park Location: Xerxes Ivenue North and Shingle .Creek Parkway Request: Rezonin from R3 (Townhouse/Garden Apartments) to C-1A (Service/Office, no heigi t limitation) or I-1 (Industrial Park) The applicant is seeking a rezoning from R-3 (Townhouse/Garden Apartments) to C-1A (Service/Office, no height limitations) or I-1 (Industrial Park) of the easterly 72 acres of Outlot E, Twin Cities Interchange. Addition. The area in question is part of an approximate 20 acre parcel that is bounded on the south by Interstate 94, o the east by Xerxes Avenue North, on the north by Shingle Creek Parkway and oi the west by single family residential property. We have received a' onceptual plan outlining the possible location of two four story office b ildings with parking and buffer area. The applicant has submitted a letter attached) requesting the rezoning with particular emphasis on the I-1 zoning. He notes that the rezoning of this area would make the development of 100 ownhouse units on the remainder of the site more feasible. He indicates that tie rezoning to I-1 is particularly appropriate for the following reasons: A public b nefit exists in that the area will finally be de- veloped; pitting 100 new families in Brooklyn Center.; b. Townhouses would buffer the development from single family homes. c. The develo ment is warranted by the Comprehensive Plan since +h<. .►,,..�1^ ^t of +h^ nv.nnnN+\/ ;s in the interests of tho ..uv 46:.r v ./ ,w...a .. c r.. ..I.... J .. a .._ community. d. The propos 1 demonstrates merit beyond the interest of the owner since development of the property will aid the school district. In 1977, all of Out of E was proposed for a religious use by a special use permit under Application No. 77044. The Brooklyn Center School District, Independent District 286, passed and forwarded to the Brooklyn Center City Council a resolution against the granting of the permit on the grounds that it would reduce the district's tax base and student enrollment. The City Council cited these reasons, among others, in its denial of the application. It was also noted that at that time, granting the special use permit would set a precedent for other R3 zoned property; that it would require amendment of the Comprehensive Plan because the entire 20 acre parcel would not be used for single family attached housing purposes that the plan calls for in this area; and that other suitable vacant property was available in the City for the use contemplated. Other requests for rezoning of this property have been denied in the past. The issue of lost tax base is not a concern in this rezoning request. However, any rezoning could constitute an erosion of the Comprehensive Guide Plan if the stated goal of promoting single family attached housing (townhouses) was not realized. Consideration of the C-1A zoning, or possibly even better a C-1 zoning, for this area may ave some merit. Such a rezoning could provide a buffer for an R3 development from the remainder of the I-1 uses in the Industrial Park. Obviously, the traffic for Xerxes Avenue and Shingle Creek Parkway will increase substantially in the next few years due to the new Interchange and the completion of Shingle 5-10-79 Application No. 79023 Creek Parkway. It as often been argued that C-1 uses are fairly compatible with residential uses, i rezoning to I-1 of this area would expand. a zoning district which has ample vacant land available elsewhere. Consideration also should be given to the fact tat approval of the rezoning would eliminate the function of Xerxes Avenue North as a buffer between residential and industrial uses. Finally, it must be born in ind that some industrial uses are more or less compatible with residential us s. The City Council , without a Zoning Ordinance amendment, has no power to sti ulate the precise to occupy a site as long as such use is permitted in the zoning district. Because of these considerations, it is not felt that the proposed I-1 rezoning has merit without further evidence that the existing zoning is clearly inferior from a public standpoint. The Rezoning Evalua ion Policy and Review Guidelines contained in Section 35-208 of the City Ordinances are attached for the Commission's review. The Commission traditionally refers all rezoning requests to the appropriate Neighborhood Advisory Group, in this case the Northwest Neighborhood Advisory Group, for review and comment. A public hearing ha been scheduled and notices have been sent. Review by the Commission of the alternate proposals would be in order, and perhaps specific . direction as to the desirability of one of the alternates, rather than the other, should be given. 5-10-79 -2- S • ERRLE BRown F � ��� T �I✓� ; C0MMERC1RLCinDUSTR1RLPRRK 6100 SUMMIT DRIVE NORTH MINNEAPOLIS, MINNESOTA 55430 PHONE 561-7350 April 25, 1979 Mr. Ron Warren City Planning Commission City of Brooklyn Center 6801 Shingle Creek Parkway Brooklyn Center Minnesota 55430 Re: 20.28 acre parcel, Twin Cities Interchange Park Dear Ron: I am responding to your request that I eXplain the reasons for the rezoning of approximately 7-112 acres of the above captioned parcel to I-1 or C-lA. I will try to cover each of the points or qusdelines of a rezoning and hope that- I suff.cent. y Licit ane? tr,- pl _ -..^y G: ..3�i.n as t0 ui11 1'caSu iS for this rezoning request. First of all I would like to go back into history and review what we have tried to do on the parcel and exactly where we stand on it today. I understood several years ago BCIP tried to have the entire parcel zoned to I-1, but was lenied because we would not be providing housing as required in the comprehensive guidelines_specifiedby the City. Later, approximately --- 2 - 3 years ago, BCIP tried to sell the land to the Jesus People Church, but the use of that land for a church was denied by the City. Reasons given for the denial were many and I am not sure exactly the reason for denying that sale but it teas probably was twofold. One, it would not provide housing as required in the comprehensive plan. Two, it would eliminate 20 acres of taxable land and possible development from the tax roles. Since I have been with BCIP we have.tried to work out several different pro- jects that would fit on the property and would satisfy the Brooklyn Center School District, the neighborhood group, the Northwestern Neighborhood Association, the owners of the property and the City. According to the zoning we can develop duplexes, triplexes and garden apartment-type housing on the land. In today's market it is virtually impossible to finance a conventional garden apartment complex. We briefly spoke about an Industrral Revenue Bond or a Mortgage to aid in the financing of that type of development, but the City is cool to the idea of the Industrial Revenue Financing. The only other type Of multi-family housing *hat we can put on the property would then have to be qovernment subsidised. This would not sit very well with the neighborhood and it generally brings in a type of individual that may create and cause more problems for the City and the taxpayer than Brooklyn Center would lik to have. 1 G A Y Mr. Ron warren April 25, 1979 Pace 2 It is also a fact that the intersection of Xerxes Avenue and Shingle Creek Parkway is coin_ to be a very bus intersection. And housing on that corner, of any tyre, might not be the most desirable location at all. We have, in the plan submitted, tried to develop an over all scheme that will satisfy all of the groups that we mentioned previously and yet economically feasable for the, owners. We will try to build 100 townhouse units the 2, 3, and possible 4 bedroom type and sell them. We believe that the school district will be satisfied, even though *ae are giving up 60 units as per the zoning, we would be attracting permanent families that will in all probability have more child en and thus aid the school district. The toF.mhouse units will provide an excellent buffer between the neighborhood grown on the West and the rest of our park development. Owner occuped townhomss will be slightly higher priced, robably drawing a better citizen_ as opposed to a rental development. We have then requested that remaining 7-112 acres be rezoned either for C-1A office building, or preferably I-1, Industrial with some self imposed restrictions. We are strongly leaning towards the I-1 zoning and rezoning primarily because: - We would be able to develop the prgperty sooner as there is a big demand and very little supply for the service center/light industrial i type facility. We-have on the drawing boards, plans over the next 3 - 5 years for up to 785,000 square feet of office space on the South side of the Park, and thus an office building or two in that location would be second class office space, and probably not economically feasab e. - If we statied with the low-rise 14' clear type service center building as oppcsed to the four story office building, esthetically for the townho se owners and for the neighborhood we believe this would be preferable. I have lived in a neighborhood where the light industrial has been right next door to and across the street from the single family housing and it has been veru compatible. - The overall quality and design of the light industrial buildings would be controlled by us. And because we are the owners and the builders and sellers of the townhouse units, we have to rake sure adequate landscaping, buffering etc. is done, to insure us our town- house units will sell. w 'Ohl ® A. x Mr. Ron Warren April 25, 1979 Page 3 To us this seems like the only viable and reasonable idea that we can come up . with. Fe think it can work and we are willing to proceed on that .basis. We have talked to several townhome lenders and to a contractor about building the to homes, and we have drawn, or made some preliminary sketches as to the service center type buildings that we would be putting up on the 7-112 acres rezoned I-1 or light industrial. We are hoping that at the Planning Commis ion or the neighborhood group can sit down with us and work out some reasonable guidelines for Light Industrial zoning. I will now attempt to answer the questions that merits the rezoning that we are seeking. I will take these item by item. a. Is there a clear and public need or benefit? The need or benefit will be that we can finally develop this project and put 100 new families in Brooklyn Center. b. Is the proposed zoning consistant with/and compatible with the surrounding land use classifications? I say yes, there is I-1 ' across he street and R-1, that would buffer on the townhouse, which is an R2 zone. C. Can all permitted uses in the proposed zoning district be contem- plated For development of the subject property? I guess I do not understand that, I cannot answer. d. Have there been substantial physical or zoning classification nhan�7es in the area Since the subject property was zoned? No. e. Is not applicable. f. Yes g. I guess in all honesty, the property is suited for the zoning with respect to size, configuration, topography, but it might not be for location. h. I think the development will or can be warranted by the compre- hensive plan. I think it is in the best interest of the community for us to develop that property as soon as possible. i..-Again I believe the proposal does demonstrate merit beyond the interest of the ormer, because we will be putting a higher quality multi-family development there and v,•e will be aiding the school district by attract- ing 100 families into the area. A► A. Jta ti1a Mr. Ron Warren April 25, 1979 Page 4 Ron, I hope that answers most of the questions, or intentions of this proposal. If y u have other questions, please ask me before the Planning Commission meeting. At that meeting I will bring my "dog and pony" show about the Farm and explain to you and the Planning Commission what is happening on the Farm. Thanks for the time. Sincerely, CC( L.A. Beisner, Vice President/Director of Development LAB:rsj S . ' 1 �e e►. dis �. Section 27701 . , '11 1,0• 1. Purpose. . The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to-this Zoning Ordinance; and for this purpose, by -the ad ption of Resolution No. 77-167, the City Council iias established 8 rezoning evaluation policy and review guidelines. 2. Poll 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 "sF.:)t zoiiing, " defined as a zor_ing.decision which discrir'in=tea is favor of a particula landowner, and does rot relate to the Cop.prehensive Plan or to accepted planning principles. 3. Procedure. Each rez Wing proposal will be considered on its merits, measured against -the above Policy and against -these guidelines which may be weighed .. collectively or individually as deemed by the City. 4. Guidelin s . _ .(a). Is there a clear and•public need.or benefit? • ` (b) Is the proposed zoning consistent with and compatible with • surrounding land use classifications? 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 t a case of City-initiated rezoning proposals, is there a . hroad 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 resent zoning district, with respect to size, configuration, topc graphy or location? • (hj Will the rezoning result-in -the expansion of a zoning district, • war-anted by: 1) Comprehensive Planning; 2) the lack of developable land in the proposed zoning district; or 3). the • . bes interests of the community? ' 1) Does the proposal demonstrate merit beyond -the interests of-an • �..—�� .... .....,.�.� .,f a., inrlic�iAn..I nArcel? ion- MOUND CITY MAINTENANCE BUILDING NEI am mm P� � N • oil mill 1>, gill 11 oil on 011.4 PON NINE 1� 011 111111 Planning Commission Information Sheet Application No. 79024 Applicant: Brooklyn Center Industrial Park Location: West portion of Outlot H, Twin Cities Interchange Park . (Southeast quadrant of I-94 and Xerxes Avenue North Request: Preliminary Plat Approval The applicant is seeking preliminary plat approval to subdivide an approximate 3 acre tract into 11 single family residential lots. The parcel is located adjacent to and easterly of Xerxes Avenue North, south of the freeway. The area is bounded on the vest by Xerxes Avenue North, on the north by the freeway ramp, on the east by Cit3 park property and on the south by single family residential lots that face 65tt Avenue North. The subject properly is 3 acres of an approximate 10 acre parcel that was part of highway right-o -way. The Highway Department no longer has need for the property and the C ty has obtained the 7 acres to the east of this site and plans to incorpora a it into its Central Park plans. The proposed plat compre- hends creating 11 ingle family lots that all meet ordinance standards which would be serviced y a cul-de-sac leading from Xerxes Avenue North. This site was the subject of a rezoning request under Application No. 79007 which comprehended an R-2 zoning on the north half of the site. This appli- cation was withdrawn by the applicant following a public hearing held by the Planning Commissiorl. The plat seems to be in order with respect to the size and configuration of the proposed lots. One problem that must be addressed before final plat approval �aiG ,hC r;li„y :r a c .F1U+ I.aJ +n �� .i+h cChnn_l �ictr;rt hntndarlPS. Th 1.Ili i i boundary e line Tor he Osseo SUMUI uia i1 li:i aitu i.iic u� vvnly 11 �,c 11 w1 JVIIV Vl District runs through portions of the lots on the north side of the proposed cul-de-sac. Brook yn Center School District has been informed of this matter and the SuperinL^n ent has indicated that he will be discussing the matter with the Osseo School D strict Superintendent. A redrawing of the district boundary lines would be in order, but is subject to the approval of both school districts. The City Engineer ill be prepared to review the plat in more detail . A public hearing has been s heduled and notices have been sent. Approval of the preliminary plat should be subject to at least the following conditions: 1 . The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 2. . The final plat is subject to review by the City Engineer. 3. Agreement between the Osseo School District and the Brooklyn Center Sc ool District regarding district boundary lines running through--this area shall be resolved prior to final plat approval . 5-10-79 Planning Commission Information Sheet Application No. 79025 Applicant: Jarold 4odeen Location: 5455 to 5449 Brooklyn Boulevard Request: Rezoning from R-1 (Single family Residential ) to C-1 (Service/Office) The applicant, o w n property of the at 5545 Brooklyn Boulevard, is joined by the property owners of 5455, 5459, 5501 , 5509 and 5549 Brooklyn Boulevard in a proposal to rezone 6 single amily residential lots from R-1 (Single Family Residential ) to C-1 (Service/Office) . These lots are bounded on the north by the Library property and Northport Drive, on the west by Northport Park and Northport School , on the south by the Northport Clinic and on .the east by the Brooklyn Boulevard frontage road. We have received a letter from the applicant (attached) in which they argue that the rezoning is justified for the following: a. The surrounding property is all commercially zoned and their property is not suited for residential purposes. b. The rezoning will benefit the City. c. There will be no adverse impact on surrounding properties if the rezoning is granted. In December 1978, the City Council approved a rezoning of the slaughterhouse property, just north of the Library site, to C-1 . In conjunction with that rezoning And in a previous rezoning request (Application No. 76053), the Southwest Neigbor- hood Advisory Grou communicated its support of a rezoning of all property from the Northport Clinic to the slaughterhouse property. The Planning Commission, with d':^ ±inn fv\c the City fn, ncil ; decided to review stich a large scale rezoning d.' • •. . .. �.._ 111_... TL�L ... �... � r 4- I.r.I..v.1.r-�\. �\I\\.I P\.11N i�' ut, 19 f'CV 1CW U1 i.1 C UU111Nl cncu� rvc dull. IIlat, revic $:;. no.._ ,.,....., ..u„ a will be perhaps a 3ear before a new plan is adopted. The City's exi-stin Comprehensive Plan recommends preserving "existing single family housing on Brooklyn Boulevard, at least for the near future, where it is an integral part of a single family residential neighborhood, and not segmented therefrom by other, land uses, and especially where a frontage road exists or where one can be installed." The properties in question seem to straddle both sides of this recommendation in that they are somewhat isolated, yet are served by a frontage road The lots in question average roughly 140 ft. depth and have variable widths ranging from 101 ft. to 17 ft. Commercial office developments along a major thoroughfare must be set back 5 ft. and have a 35 ft. buffer strip. Rear yard setbacks are 40 ft. Combinations of some of the lots in question would, in all likelihood, have to take place to make development of this property feasible. The City Plan- ning Consultant has looked at this area for possible service/office uses and are recommending minim m lot widths for C-1 uses along a major thoroughfare to be increased to 150 ft. from the 75 ft. to encourage larger and more attractive de- velopment, rather than allowing house conversions or small complexes requiring numerous curb cuts It is, however, premature at this time to apply these considerations to he application before the Commission. 5-10-79 �� -1 Application No. 79025 A copy of the Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208 is attached for your review. The merits of the proposal must meet the current criteria in order to recommend approval of the application. The Commission traditionally refers rezoning requests to the appropriate Neighbor- hood Advisory Group, in this case, the Southwest Neighborhood Advisory Group. A public hearing has been scheduled and notices have been sent.. 5-10-79 -2- -- ------ - ----------- --- --- - ;--- - - ---���ate.---- It . �� � �,S�i■ i� �i i f ii iii �i� NORTHWAY DR. CIA F R 5 11 �i COUNTY OWN PAP — logo i, . ring■ p- Mal ScHoo INN INN � NMI Iu vimcw- OEM Y k Planning Commission Information Sheet Application No. 79C26 Applicant: James . Warren Location: 413 6th Avenue North Request: Special Use Permit to operate an animal hospital The applicant is seeking a special use permit to operate an animal hospital for the care and treatment of small animals, mainly cats and dogs. He is proposing to locate at the site of the former 7-11 Store located in a small commercial center at 413 - 66th Avenue North. The site is zoned C-2 and is surrounded by other commercially zoned property. Animal hospitals are special uses within the C-2 zoning district. The applicant has .submitted a letter (copy attached) indicating that there will be no boarding or grooming of animals on the site, and that a small kennel area will be maintained for overnight hospitalization of animals needing surgery. His letter also outlines proposals for dealing with health, noise and odor concerns. The proposed hours of operation for the use are 9:00 a.m. to 6:00 p.m. , Monday through Friday and 9:00 a.m. to 12:00 noon on Saturdays. The Standards for granting Special Use Permits contained in Section 35-220 are attached for the Commission's review. The applicant contends simply that the use of the property for an animal hospital is reasonable. Based on the applicant's description of the proposed operation. there does not seem to be any conflicts with the Standards for Special Use permits. The applicant has also submitted the floor plan showing how he proposes to arrange the animal hospital . Offices, a reception room and a waiting room would be located along the common wall where the area abuts another commercial use in the cenLer. The inside kennel area would be iocaLeu "on the Far, eas-ter•ly wall . The Building Official has reviewed the plan and the site and the applicant has been in contact with the Sanitarian regarding sanitation concerns. A public hearing has been scheduled and notices have been sent. Approval of the Special Use Permit should be subject to at least the following conditions: 1 . The special use 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 including any special licensing requirements, and violation thereof shall be grounds for revocation. 3. A current copy of the applicant's license shall be kept on file with the City. 4. No boarding of animals shall be allowed except in conjunction with the�h spitali tion, . 5. ThAours of operation shall be from 9:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to noon on Saturday. 5-10-79 4146 Goodwin Ave. Oetikdale, V:n . 55109 April 10, 1979 To the City of Prooklyi Center: . I, Janes S .Wax en DVN,' here,')y request a special use permit for the purpose of establishing an Animal Hospital in a building located at 66th Ave. I am a graduate of St. Olaf Colle?e 1964 and the University of Minnesota, Coll qe of Veterinary 1.ed.icine 1977. I have been pract- icing in a small animal hospital in St. Faul since that time. I am licenced to practice in the state of '..'innesota. The proposed a ima.l hospital shall meet all requirements or regulat- ions imposed b - the stale of Minnesota and the cities of `, inneapolis and Brooklyn C rater . ';'he operation of this hospital will ;)e for the care and treatment of s,nall animals , mainly cats arid. doas . There will be no boarding or grooming of animals . A small kennel area will ')e maintai ie('. for overnif*'it hoepitalizatio t of surgery cases . The followi;'Ig areas of co-icer:i shall -)e dealt with in the man:er described: PU''> IC HFALTS – 'she hospital shall in +io way rerrese it a -public health hazard nO the desi'rM aod. proposed operations shall Le reviewed. 1-'S' Puhlic lleal. h officials at tl:e feO.eral level . Also 1–ray facil- ities will meet or exceed state recuiremel.t:s . !UnfSF – The ho r,ital floor clan shall provide nor amTle separation of noise crone areas from adjace.it use areas . In adrlitio,i, a.degaate soundrroofiag, in the form of walls a-id insulation will prevent any possible n isaTice. S!,ELLS – Adequate sanitation provisio -is- will be scrupulously maintained . Animal wastes will. '..)e disposed of in a lawful and sanitary manner . 3odies of animals to e disposed of will ue kept in a deer freeze until �lic?.:ed un ')N an ape-it lice.zced for this kind of disposal . kdequa.te ve ililatio.z Nsill e provided in the ca-ne area which will cau e a nenat.ive pressure in this area aid a - air flow in the hospital t ward this area. It is, esse-itia to keep in mind that since there will be no boarding of animals as uch, there will rarely be more than 5 or o a-zi,nals in tl-•.e hospit.a at a given tine, which minimizes the ma"nitude of the above area5 of concern . In considerati n of the a`;ove, I feel that the operation of ar. animal hospital in tb sta;.ed location co ?stitutes a reaso •alJe use of this propert_\ and t a.t a special use per, it should 1,e therefore issued . Sincerely, „�„`�.'OOa•H.. -/0 Co :00 ,— . A/v. , — lxie� James S. Warre,i DVM 0 a 740 In 00 IQ ANNEX WATER TOWER ■ i■E■ ■.. .■■,,■�� ■ ,■■ �. ■■� ,� IMEM ME SMEM WE MM i■i - ■■ ■■ �■■*■ ■■ ■ ME i NNW Mimi �■ ��■ t x'¢ I will i■ �■ ■■ ■■ APPLICATIONwil r. NO. 79026 �■ MIMI : . . • � ■■ VM ■ 1 t■■M ■=ii MINOR 2. Standards for Special Use Permits x 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 tivill- promote and enhance the general public welfare and will not be detrirnen± 1 to or endanger the public health, safety, morals,: or. comf ort. ' (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 s:ubst ntially -diminish and impair property values within the neighbor ood. (c) The establishment of the special use will notimpede_the normal and orderly development and improvement of surrounding property for apes permitted in the district." (d) Adequate measures have been or will be taken to provide ingress , ogress a d parking so designed as to minimize traffic congestion-- in the pu lic streets.- -(e) T.he spec al 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 Uiann;nn� ^:Z Micc;r%".:ay. recommend and the C•ty Council may imp sc ...��. �..v•r V lA a such conditions arid restrictions upon the establishment, location, construction, mainterance and peration 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 applicatio .-for a special use permit which has been denied by the City Council shall be r submitted for a period of twelve (1,2)_ 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 yair. t e consent of the City Council for resubmission at an earlier time. 5. Revocation and E:aensicn 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 acti-on by the Planning Commission or the City Council unless the applicant or his assignee or . successor colnmenc:s work upon the sat>;e:.i property within one year of the date the special tr-r permit is grart d, or unless bEic� -o the expiration of the ' one ,,car pcilod th > applicant shall. a rIv for .in cxtension thereof by filling out and submifti'ii.7 to l:n Sc:cr.taly of the 1-11-inning Commission a "Special Use Permit" applicatio roqucstir.l• such extzinsion and paying a.n additional lee of L Planning Commission Information Sheet Application No. 79C27 Applicant: Northbrook Alliance Church Location: 6200 Block of Bryant Avenue North (North Lilac Drive and Bryant Ave.) . Request: Preliminary Plat Approval The applicant is s eking preliminary plat approval to combine an approximate 50' x 114' parcel with Lot 1 , Block 1 , J. R. Murphy Addition to create a buildable lot to be known-as Lot 1 , Block 1 , Northbrook Alliance Addition. The parcel is located westerly oi Bryant Avenue and North Lilac Drive. The existing lot, lart of the J. R. Murphy Addition, is substandard and, there- fore, the combinat on is needed. The applicant's survey indicates that there currently is a 5' . rainage and utility easement running along the easterly edge of the J. R. Murph Addition. They are requesting that this easement be vacated and a new drainage and utility easement established on the easterly edge of the combined lots that would coincide with an already existing easement along J. R. Murphy's Second Addition. The City Engineer Will be prepared to review the plat in more detail . A public hearing has been scheduled and notices have been sent. Preliminary plat approval should be subject to at least the following conditions: 1 . The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 2. The final plat is subject to review by the City Engineer. 5-10-79 q. Epp WIVE INVE WIVE . N ■■ • ■■ ■ ■■ ■� ® � Y ■ ■■ ■■ i■ ■■ ■■ ■■ ■� �� NINE IM �.■ ■■ ■■ ■ ■ ■■ ■■ mom INN ■■ ■■ INEW ■■■ OEM, ■■ ■■ ON IN ■■■ � IN IM mm mm IN SIM MM ■■ ■■ ■ ■■ �■ ■■ _■ ■■ � MEN ■■ ■■ ■■ ■■ ■� ■■ ■ ■■ ■� i INN ' e ■■ ■■ ■■ ISM HIM INN mm mm IN INE ■■ ■■ . ■■ ..■ ■ . ■■ ■ M . ■■ ■■ ' ■ ■■ ! ,� ■■ ■■ ■■ ■■ ; .■.■ ■s■. �■■. ■■ ■■■■ I■ ■■ ■■ ■■■ nM ii .i■ ■i■ ■■ ■■ ■■.I f � ■■■ WIN MIN i: ■■ ■■ ■ {l ■■ ■0 ■i■ �. ..ism::: ■m SO ::E ■E m ■■ ■■�