Loading...
HomeMy WebLinkAbout1979 08-30 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 30, 1979 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairman Hal Pierce at 7:37 p.m. ROLL CALL Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Also present were Director of Planning and Inspections Ronald Warren, Superin- tendent of Engineering James Noska and Planning Assistant Gary Shallcross. APPROVAL OF MINUTES - August 16, 1979 Motion by Commissioner Malecki seconded by Commissioner Hawes, to approve the minutes of the August 16, T979 meeting as submitted. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. The Planning Assistant pointed out an administrative revision on Page 10 of the August 16, 1979 minutes pertain- ing to the proposed ponding area in front of the Cass Screw facility at 4748 France Avenue North. APPLICATION NOS. 79053 and 79052 (Cass Screw Company) oilowing the Chairman's explanation, the first item of consideration was the site and building plan and variance applications submitted by Cass Screw for a 60' x 120' addition to the east side of the existing building. The Secretary pointed out that the applicant seeks a variance of 75 feet from the 100' buffer greenstrip required where I-2 and"Rl abut at a property line. The abuttment involved is that of the Cass Screw property (I-2) to Outlots 1 , 2 and 3, Ryan Lake Terrace Addition which are technically zoned R1 since they fail to appear in any other zoning district. The Secretary stated that at 'the August 16 Plan- ning Commission meeting, the Commission concluded that an inconsistency existed in the City's Zoning Ordinance relating to buffers separating industrial and multiple-family residential property. The inconsistency results from requiring ,an industrial use to provide a 50' buffer when abutting R4 through R7 across a street, but requiring no extra buffer when abuttment is at a property line. He stated that staff has prepared language for an ordinance amendment which would do away with the present inconsistency and would also allow Cass Screw to build the addition to their plant along the 25 foot setback line as proposed. The Secretary explained that the Planning Commission could recommend approval of the proposed 25 foot setback either by means of granting a variance or by making certain findings concerning the Ryan Lake Terrace Outlots and adopting an ordinance amendment to Section 35-413. He recommended against granting a variance since the standards for a variance are not clearly met by this appli- cation. He recommended that the Planning Commission recommend to the City Council the adoption of an ordinance amendment and make the following findings concerning the Ryan Lake Terrace Outlots: 1 . That the RI zoning of Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional . 8-30-79 -1- 2. That the intent of the Outlots is to limit or prevent access from the industrially zoned property onto 47th Avenue North. 3. That for setback purposes, the Outlots should be considered to be what they would be used for under normal circumstances, namely, public right-of-way. If the above findings are made, he said, it should be unnecessary to consider variances for any of the other industrial uses to the north of 47th Avenue North so long as those uses conform to ordinance setback requirements. The findings, he stated, amount to a declaration that for zoning purposes the Outlots shall be considered the same as public right-of-way. The Secretary then reviewed the site and building plan application. The Secretary explained that the addition is 'proposed for the east side of the build- ing and will be used primarily for storage with some manufacturing. He noted that the application was tabled by the Planning Commission at its August 16, 1979 regular meeting until an ordinance amendment dealing with buffers between industrial and multiple-family residential districts could be drafted for the Commission's review. Using a transparency of the site plan, the Secretary pointed out for the Commission some .of the changes that would result from the new construction. Parking would be relocated from 48th Avenue North to a parking lot on the east side of the site, which would be improved. The addition will provide a new load- ing facility which will bring much of the truck traffic off of France Avenue and onto 48th Avenue. He also noted that an outside storage area would be screened by the building, thereby accomplishing the recommendation of the Comprehensive Plan to clean up outside storage in the industrial uses across from the apartments on 47th Avenue North. He pointed out that the plan provides for an improved parking lot with appropriate screening as required by the ordinance. The Secretary stated that the addition would remove .a number of negative aspects that detract from the site at present. He mentioned in this regard the parking directly off 48th Avenue North, the unscreened and unpaved parking lot on the east portion of the site, and the asphalt drive leading onto 47th Avenue North which is illegal . The Secretary then went into a more detailed discussion of the variance appli- cation. He explained that Outlots 1 through 7 of the Ryan Lake Terrace Addition were zoned R1 by omission in all likelihood. He noted that when R1 property abuts I-2 property at a property line, a 100 foot buffer strip is required on the industrial side of the line. In light of the unique situation presented by the Outlots, he said, a variance would seem to be justified up to the point which the ordinance would allow if the Outlots were public right-of-way. The ordinance would presently require a 50 foot setback where a multiple-residential use abuts an industrial use across a street. This, however, does not seem consistent with other provisions in the Zoning Ordinance and an ordinance amend- ment to allow industrial uses to be within 25 feet of their property lines when abutting multiple-family residential across a street has been submitted for Planning Commission review. The Secretary explained that the ordinance, as presently written, does not provide any buffer provision between industrial and multiple-family residential uses (R4 through R7) when they abut at a property line. Yet when they abut across a street line, the ordinance requires a 50 foot buffer strip. He ex- plained that the ordinance amendment would reduce the buffer strip required across a street and would also establish a reasonable buffer area when industrial abuts a multiple-residential at a property line. 8-30-79 -2- He then reviewed the provisions of'the draft ordinance amendment. He explained that the Zoning Ordinance presently makes a distinction between Rl through R3 uses, and R4 through R7 uses. He stated that this differentiation may be based on structural differences between what are essentially single family dwelling units and multiple-family dwelling units which do not have their own private entrances . Chairman Pierce added that apartment complexes also have large parking lots which require screening and that this screening may in some cases serve the purpose of blocking out an industrial use. The Secretary noted that the effect of the Zoning Ordinance amendment would be to prohibit industrial activities , not including parking, within 50 feet of multiple-family residential uses. He stated that while it might be desirable to have larger buffer areas to protect multiple-residential uses, a more stringent requirement would create a number of nonconforming uses in the in- dustrial park where there is no seeming conflict between the two different uses. He then showed the Planning Commission on a transparency where the exist- ing uses in the industrial park are situated in relation to the new Zoning Ordinance requirement. He pointed out that the only conflict arises with Artic Metals which is closer than 50 feet to the property line. All other industrial buildings in the industrial park which abut multiple-family resi- dential uses are set back more than 50 feet. Commissioner Lucht commented that the amendment would help the southwest area abutting the pole yards. The Secretary agreed stating that it 'would be an improvement for potential .apartments abutting an industrial use at the property line and that although the proposed 25 foot buffer across the street is less than currently existing requirements,there would still be well over a 100 feet separating apartment buildings and industrial buildings. Commissioner Hawes inquired how close parking would be allowed to come at the pole yards under the proposed ordinance amendment. The Secretary answered that there would be no restriction on parking and that it would be allowed to come within 5 feet of the property line. Commissioner Erickson stated that there seemed to be an inconsistency between Subsection c and d of the proposed Zoning Ordinance amendment, since d allows parking within the buffer strip and c does not. The Secretary answered that the reason for allowing parking within the buffer strip where there would be property line abuttment is between Industrial and R4 through R7 property to protect existing situations in the industrial park. The purpose is to avoid creating more nonconforming situations, he said. Com- missioner Erickson stated he still could not reconcile allowing parking so close when industrial uses abut multiple-residential uses at a property line. Commissioner Hawes asked whether a restriction could be added to Subsection c which would stipulate how close parking could be allowed. The Secretary stated that such a condition could be added. Chairman Pierce asked how close the parking lots were to the property lines 'in the industrial park. The Secretary reviewed the transparency of the industrial park which indicated that the parking lots varied in their setback from 5 to 27 feet. Chairman Pierce suggested that a parking lot setback requirement of 15 feet should perhaps be considered. Commissioner Hawes asked how much space is required to provide a berm. The Superintendent of Engineering answered that at least 15 feet would be required for a three foot berm. He recommended 20 feet for a 32 foot berm. The Secretary asked how high a berm could be provided in a 10 foot space. The Superintendent of Engineering answered that a two foot berm would be the highest. Chairman Pierce stated that rule of thumb is generally six feet for every one foot of height in order to maintain a three to one grade. 8-30-79 -3- Commissioner Hawes stated that he would like to see more than five feet required as a parking lot setback where industrial and R4 through R7 abut at a property line. The Secretary pointed out that other requirements in the Zoning Ordinance comprehend screening of parking lots and outside storage and industrial activ- ities. He suggested that these other requirements also provide effective screening of the industrial use as well . Commissioner Theis commented that in the case of the half street north of the Soo Line Railroad, 30 feet of buffering would be lost since the right-of-way is 30 feet, rather than 60 feet. The Secretary answered that if the developer wanted to get access to the industrial property from the existing half street, he would have to dedicate the other half of the 'street and thereby provide the additional 30 feet of right-of-way. Commissioner Erickson commented that Subsection a excludes driveways from the buffer area, but other subsections do not exclude .this use. The Secretary explained that driveways are allowed in cases where industrial uses abut resi- dential uses across a street line for access purposes; and that the reason driveways are allowed in the buffer area between industrial and multiple-resi- dential under the proposed ordinance is because of existing situations . Commis- sioner Erickson stated that Subsection a is more complete in its language stipulating what the buffer strip is to include and not include. He asked whether the other subsections needed to be augmented. The Secretary answered that the language in Subsections (a) and (b) were essentially a restatement of the existing ordinance language. In the case of Subsections (c) and (d), he said, the maximum buffer requirements have been provided which will not create numerous nonconforming situations. Chairman Pierce pointed out -that all of the loading docks in the industrial park are away from the residential area and that the real industrial activity was therefore shielded. In response to a question from Commissioner Erickson concerning the zoning of the Outlots, the Secretary stated that no zoning really makes sense for the Outlots. He urged the Commission to make the finding that for zoning and setback purposes, the Outlots should be considered the same as public right-of- way. On the other hand, he stated, if the Planning Commission wants to maintain the 50 foot setback requirement where industrial abuts R4 through R7 at a street line, they should deny the variance and reject or -rewrite the proposed ordinance amendment. Commissioner Erickson asked how long it would take to change the City's Ordinance. The Secretary explained that the variance and the site and building plan applications would not be before the City Council until September 10, 1979. He explained that if the ordinance amendment is recommended, it would also be on the September 10 Council agenda. He explained that an ordinance amendment must receive two readings and that it would then become effective thirty days after date of publication. Commissioner Theis asked how close a multiple residential use could be to a public street line. The Secretary stated that the front setback for multiple residential uses is at least 35 feet from street right-of-way. He added that a setback of 25 feet is required at the side corner. Commissioner Theis commented that industrial and multiple-family residential uses could be, 'in a given case, 50 feet plus the amount of public right-of-way, or roughly 110 feet. He stated that this might not be an adequate distance. The Planning Commission then discussed the site and building plans briefly. Chairman Pierce suggested the addition of more trees along 48th Avenue North. He also noted that all sodded areas should be irrigated and that the plan indicate sodding along the east property line of the .site as well . Commissioner Theis and Chairman Pierce both suggested that the fence be extended to the east property line. 8-30-79 -4- In response to Chairman Pierce, 'the Superintendent of Engineering stated that the ponding area in front of the Cass Screw plant has no real function and should be modified on the site plan. ACTION RECOMMENDING THAT THE CITY COUNCIL MAKE CERTAIN FINDINGS REGARDING OUTLOTS 1 THROUGH 7, RYAN LAKE TERRACE ADDITION Motion by Commissioner Erickson seconded by Commissioner Hawes to recommend that the City Council make the following findings concerning Outlots 1 through 7 of Ryan Lake Terrace Addition: 1 . That the R1 zoning of Outlots 1 through 7, Ryan Lake Terrace Addition is unintentional . 2. That the intent of the Outlots is to limit, or prevent, access from the industrially zoned property onto 47th Avenue North. 3. That for setback purposes, the Outlots should be considered to be what they would be used for under normal circumstances, namely, public right-of--way. Voting in favor: Chairman .Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 79053 Motion by Commissioner Erickson seconded by Commissioner Manson to recommend denial of Application No. 79053, a request for a variance from Section 35-413 regarding buffer requirements on the grounds that the Standards for, a Variance contained in the Zoning Ordinance are not met. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. ACTION RECOMMENDING ADOPTION OF ORDINANCE REGARDING SPECIAL REQUIREMENTS IN I-1 AND I-2 DISTRICTS Commissioner Hawes inquired whether the setback requirement for parking lots should be included in the ordinance amendment. Chairman Pierce stated that he considered that the setback for parking lots should be at least 15 feet where industrial uses abut multiple-residential uses (R4 through R7) . Motion by Commissioner Manson seconded by Commissioner Malecki to recommend adoption of an Ordinance Amending Chapter 35 Regarding Special Requirements in I-1 and I-2 Districts with an amendment to the draft version submitted to the Planning Commission, including a requirement of a 15 foot setback for parking lots serving industrial uses which abut multiple residential uses (R4 through R7) at a property line. Voting in favor: Chairman Pierce, Commi.s..sloners Malecki , Hawes, Manson, Lucht and Erickson. Voting against: Commissioner Theis . The motion passed. Commissioner Theis stated that he opposed the amendment as presently written because a 25 foot setback from street right-of-way might not be an adequate buffer in some cases. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 79052 (Cass Screw Company) Motion by Commissioner Erickson seconded by Commissioner Malecki to recommend approval of Application No. 79052 submitted by Cass Screw for site and building plan approval subject to the following conditions: 1 . Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 8-30-79 -5- 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. The holding pond indicated on the plans for the southwest corner of the site will be modified or eliminated subject to the review and approval of the City 'Engineer. 3. A Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building shall be equipped with an automatic fire ex- tinguishing system to meet NFPA Standard No. 13 and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. All outside trash disposal and/or rooftop mechanical equipment shall be appropriately screened from view. 6. B-612 curb and gutter shall be provided around all driving and parking areas. 7. An underground irrigation system shall be provided in all landscaped areas to facilitate site maintenance. Irrigation and sodding shall be provided along the east portion of the site and the trees similar to those along France Avenue shall be continued along 48th Avenue North. 8. The 8 foot high fence indicated along the south edge of the parking lot shall be extended to the oast property line. 9. Plan approval is contingent upon the adoption of an . Ordinance amendment regarding buffers between industrial and multiple family residential districts. Building permits will not be issued until that amendment is effective. Voting in favor: Chairman Pierce, Commissioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Voting against: none. The motion passed unanimously. Mr. Greenwald then discussed with the Planning Commission and the Secretary, the timetable for approval of the site and building plan by the City Council . He also stated that he intends to keep his business in Brooklyn Center, even though the prime rate is 1227. and thanked the Commission for being responsive to his needs. RECESS The Planning Commission recessed at 9:20 p.m. and resumed at 9:41 p.m. PRESENTATION BY BILL WEBER OF BRW ON THE IMPLEMENTATION SECTION OF THE COMPREHENSIVE PLAN Mr. Weber opened his remarks by stating that he anticipates a full draft of the Comprehensive Plan to be ready for Planning Commission review in one month. He explained the timetable which he expected the Planning Commission and City Council to follow in reviewing and submitting the Comprehensive Plan to neighboring municipalities and other governmental agencies for review by January 1980. Mr. Weber briefly directed the Commission's attention to a proposed Flood Plain Management Ordinance which he submitted with the Implementation Section of the Comprehensive Plan. He explained that the purpose of the Flood Plain Ordinance is basically to keep buildings from potential hazard areas and to provide for 8-30-79 -6- soil conservation along the major water courses within the city limits. .These would include the Mississippi . River, Shingle Creek, Ryan Creek, Ryan Lake, Twin Lakes and Palmer Lake. Mr. Weber then began a discussion of the Implementation Section of the Compre- hensive Plan. He stated that the Implementation Section would cover all of the apsects in the Policy Section of the Comprehensive Plan including Land Use, Housing, Transportation, Park and Recreation, Sanitary Sewer, Water, Local Streets, The Brooklyn Boulevard Study and Municipal Finances. Regarding Land Use, Mr. Weber stated that staff has recommended that zoning changes be made at the time of a proposed development rather than with a whole- sale revision of the Zoning Ordinance. At that point, the Secretary mentioned that the West Central Neighborhood Group had expressed concerns over the Brooklyn Boulevard Study and the potential for much land being rezoned along Brooklyn . Boulevard. He stated that it has been indicated to those residents that proposed zoning changes will be made only upon rezoning petitions and further review of the merits of rezoning. Chairman Pierce observed that the City of Brooklyn Center is no longer planning the use of raw land, but in many cases is attempting to get the right kind of redevelopment. The Secretary also pointed out that a wait and see attitude would not create hardships for existing situations by making them nonconforming uses. Commissioner Theis asked whether staff were recommending that some of the zoning changes made under the Comprehensive Plan be overturned and the zoning revert back to.what it was prior to 1968. Chairman Pierce did not think this was the appropriate course of action, and the Secretary agreed. Commissioner Theis asked whether notices will be sent to property owners in the areas to be rezoned. The Secretary responded that notices would be sent since such rezonings would constitute a City initiated rezoning proposal . Mr. Weber then stated that ordinance amendments have been proposed which would increase the minimum lot width required for Cl and C2 developments; from 75 feet to 150 feet in the case of Cl , and from 50 feet to 100 feet in the case of C2. The Secretary commented that increasing these requirements would help reduce the number of curb cuts particularly along Brooklyn Boulevard. Chairman Pierce asked what the minimum width was for gas station sites. The .Secretary answered that it was over 100 feet. Mr. Weber advised the Commission to add a provision to Section 35-412 of the Zoning Ordinance to stipulate that access from a retail land use onto a local street intended primarily to serve residential development may only be allowed upon a finding by the City Council that such access will not negatively affect the residential environment of that neighborhood. Mr. Weber also suggested that the Planning Commission add the definition of a "convenience food res- taurant" to Section 35-900 of the City Ordinances. The convenience food restau- rant definition would essentially replace the drive-in eating establishment definition in all places in the Zoning Ordinance. Mr. Weber next outlined acceptable accessory uses in large Cl structures (over 40,000 square feet) . These included a number of small retail uses, the combined floor area of which would not exceed 10% of the gross floor area of the building. Mr. Weber also proposed an ordinance provision for a planned unit development district which may be utilized by residential , commercial , and/or industrial developers for the purpose of facilitating innovative and high quality urban design. Commissioner Theis asked whether there was a need for such a district. The Secretary noted that the present planned residential development deals only with a mixture of residential uses within a single district. He suggested that such a district incorporating industrial and/or commercial uses might be an appropriate option. Mr. Weber stated that one of its advantages is that it offers more flexibility than a single zoning district. 8-30-79 -7- ' HOUSING M-F- teFer opened his remarks concerning Housing by referring to nine public . assistance programs having to do with Housing. He recommended to the Commission that the nine public assistance programs be prioritized in light of the City's overall housing policy. He stated that most of the assistance provided by the programs would be channeled to the Southeast Neighborhood. Mr. Weber stated that the Metropolitan Council Housing objectives for Brooklyn Center contemplated 460 additional subsidized units within the City over the next 10 years. The Secretary asked what the effect would be of not petitioning a reduction after the addition of some units. Chairman Pierce commented that existing subsidized units must be taken into account by the Metro Council in determining the amount of new units needed. He went on to say that the City has no control of whether a development is subsidized and, .therefore, cannot really enforce the housing goals through its approval powers. Mr. Weber stated that the City was limited in its options., but could at least allow a developer to build subsidized units on appropriately zoned property. The next step, he suggested, would be to physically clear land for redevelopment. The Secretary suggested that if the City used its resources to provide a lower interest rate to a developer, it could require that developer to make a certain percentage of the units subsidized. . Mr. Weber recommended that the Brooklyn Center HRA, which is the City Council , gear up to administer a grant program. He stated that with an active HRA, more can be done to initiate subsidized housing developments. The Secretary clarified that the Comprehensive Plan establishes policy priorities for an active HRA, but does- not actually establish the programs. TRANSPORTATION In a discussion of the City's Transportation System, Mr. Weber pointed out that work on the major arterials in the City has already been planed anddexecution should be accomplished by the mid 1980's. He added that there will be improve- ments at the intersection of Highway 100 and France Avenue North, and that 69th Avenue North would be upgraded over its entire length in Brooklyn Center. The only new construction planned within the Brooklyn Center street system is the completion of Shingle Creek Parkway over 694 and over Shingle Creek. PARKS Regarding the City's Park Program, Mr. Weber recommended that the City be aggres- sive in applying for grant money. The Secretary noted that the City Council is close to going ahead with a bond issue based on the Park Plan adopted two years ago. He stated that the__proceeds from the bond issue would be spent primarily on the Neighborhood System. Mr. Weber stated that he would alter the Compre- hensive Plan to show the extent of park bond financing. SEWER AND WATER Mr. Weber stated that the City needs no significant additions to its water and sewer systems. He recommended that the City maintain and upgrade its existing facilities as necessary. LOCAL STREETS Mr. Weber stated that the additions to Shingle Creek Parkway would be paid for by MSA funds (roughly 30%) and by assessments against property within the pertinent assessment districts. He also recommended a repaving program for minor streets. In response to a question from Chairman Pierce, the Superintend- ent of Engineering explained that new street construction and repaving would be done with hot mix and that B618 curb and gutter would be used. He explained that construction of Shingle Creek Parkway would initially be paid for out of the City's MSA account. The MSA fund would then be reimbursed for 70% of the construction costs with assessments paid over a 20 year period. Commissioner Theis expressed a concern over possible double financing. 8-30-79 -8- The Superintendent of Engineering stated that as long as the assessments were placed in the MSA account and were used for projects on MSA roads, there would be no "diversion" of funds which is prohibited by State Law. BROOKLYN BOULEVARD STUDY Regarding Brooklyn Boulevard, Mr. Weber referred the Planning Commission to the Land Use and Transportation Sections of the Comprehensive Plan. Other public and private corridor facilities recommended by Mr. Weber included a new overhead street lighting system along the Boulevard, the landscaping of traffic medians and landscaping by private property owners of the setback areas along Brooklyn Boulevard by means of a grant program, low interest loan program, or a matching grant program. MUNICIPAL FINANCES Mr. Weber directed the Commission's attention to the data on Tables 12, 13 and 14 which describe the City's property tax base and added that the municipal finance section will not be complete until a Capital Improvements Program is formulated. The Planning Commission and Mr. Weber then discussed the proposed timetable for submitting a recommended Comprehensive Plan to the City Council by the end of October. DISCUSSION ITEMS The Commission briefly discussed the proposed Sign Ordinance Amendment which it passed at the previous meeting and a Draft Amendment dealing with setbacks from major thoroughfares in rear yards. Commissioner Erickson expresso _'oncern that the City have an ordinance regulating the conversion of condominiums K9n the books before another application for a condo conversion is submitted. ADJOURNMENT Motion by Commissioner Theis seconded by Commissioner Erickson to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Pierce, Commis- sioners Malecki , Theis, Hawes, Manson, Lucht and Erickson. Voting against: npne. The motion passed unanimously. The Planning Commission adjourned at 11 :11 P.M. ,/�J lm�te Jel- hair n 8-30-79 -9- 1 1