HomeMy WebLinkAbout2013 08-15 PCP 3 rBR fyof
K LY N TER
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
August 15,2013
1. Call to Order: 7:00 PM
2. Roll Call
3. Approval of Minutes—July 25,2013 Meeting
4. Chairperson'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. Planning Application Items
a) Odyssey Academy School Planning Application No. 2013-013
Property Address: 6201 Noble Avenue North
PUBLIC HEARING — a request for Special Use Permit (pursuant to City Code
Section 34-140; Subpart 3.13), to allow a new dynamic message sign (DMS) with a
public use located in an RI One Family Residence District
b) Evergreen Elementary School Planning Application No. 2013-014
Property Address: 7020 Dupont Avenue North
PUBLIC HEARING — a request for Special Use Permit (pursuant to City Code
Section 34-140; Subpart 3.13), to allow a new dynamic message sign (DMS) with a
public use located in an RI One-Family Residence District.
6. Discussion Items
a) City of Brooklyn Center's Proposed Ordinance Amendments to City Code
Chapter 35 (Zoning):
i. Section 35-900 (DEFINITIONS) regarding the redefinitions of "Front
Yards", "Rear Yards" and"Side Yards"; and
ii. Adding new Section 35-400.1 (LOT COVERAGE AND IMPERVIOUS
SURFACES); and
3 rBR ��fKLYN TER
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
August 15,2013
iii. Consideration in allowing encroachments into front-yard setback areas in
residential zoned areas for steps, stoops, ramps, landings, porticos, ramps,
open decks, open or closed porches, and/or similar.
7. Other Business
a) Staff updates on City Council action items from the previous August 12, 2013
meeting
8. Adjournment
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
JULY 25, 2013
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Burfeind at 7:06 p.m.
ROLL CALL
Chair Burfeind, Commissioners Randall Christensen, Benjamin Freedman, Carlos Morgan, and
Michael Parks were present. Also present were Councilmember Carol Kleven, Secretary to the
Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and
Planning Commission Recording Secretary Rebecca Crass. Stephen Schonning was absent and
excused.
APPROVAL OF MINUTES —JULY 11, 2013
There was a motion by Commissioner Morgan, seconded by Commissioner Christensen,
to approve the minutes of the July 11, 2013 meeting as submitted. The motion passed
unanimously.
CHAIR'S EXPLANATION
Chair Burfeind explained the Planning Commission's role as 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.
APPLICATION NO. 2013-012 RECREATION FIRE & MIRACLES MINISTRIES CHURCH
Chair Burfeind introduced Application No. 2013-012, a request for Special Use Permit approval
to operate a church in an existing commercial office/warehouse facility, situated in the PUD/I-1
(Planned Unit Development/Industrial Park) zoning district located at 6601 Shingle Creek
Parkway. (See Planning, Commission Information Sheet dated 7-25-13 for Application No.
2013-012.)
Mr. Benetti explained the applicants plan to lease 4,477 sq. ft. of the available building space and
will use the office area for church activities and the warehouse area for storage and supplies. He
added they expect less than 100 people during their busiest times.
Mr. Benetti reviewed the Standards for Special Use Permits and described how the standards
could be met through approval of the application.
Commissioner Christensen referenced the occupancy load indicated 357 people (based on the
Code Review plan sheet). Mr. Benetti responded the occupancy load has not been officially
reviewed or accepted yet; as the City's Building Official makes the final determination. Mr.
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7-25-13
Benetti further stated that occupancy load is usually based on State Building Code allowances for
certain, identifiable areas of a building. Even though the space to be leased by the church
indicates a high level of occupancy, their special use narrative only indicated up to 100 seats
would be provided.
Commissioner Christensen then followed up by asking if a wedding was performed, would they
be able to have a reception. Mr. Benetti replied the applicant would need to secure various foods
and liquor license permits from the City Clerk in order to hold a reception that served food or
alcohol (or both); but the narrative did not include this and the city does not feel that this activity
will take place at this location.
Commissioner Morgan asked if food could be served. Mr. Benetti responded that is not part of
the approval process at this time. He added if there were a full service food or liquor provided,
they would need to get a permit or license as required by the City and County regulations.
Commissioner Morgan also referred the occupancy load on the plan. Mr. Benetti explained the
number was submitted by an architect to be reviewed by the Building Official based on the size
of the space to be occupied and the designated occupancy type. He added the applicant indicated
the.current size of their membership is small and they do not anticipate growing to a large
number in the near future. Mr. Benetti further explained the applicant should be able to meet
parking demands based on the time of day and off hours they will occupy the space related to
other uses in the building.
PUBLIC HEARING—APPLICATION NO. 2013-012
There was a motion by Commissioner Christensen, seconded by Commissioner Freedman, to
open the public hearing on Application No. 2013-012, at 7:22 p.m. The motion passed
unanimously.
Chair Burfeind called for comments from the public.
Ms. Jessica Harstad, representing the applicant, stated alcohol cannot be brought into the
building and their average attendance is about 76. Typically the church activities do not take
place until after 6:00 p.m. which allows for other businesses in the area to leave without causing
any traffic or parking issues. She added they will not be holding any receptions in the building,
only wedding ceremonies.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Morgan, seconded by Commissioner Christensen, to close
the public hearing on Application No. 2013-012. The motion passed unanimously.
The Chair called for further discussion or questions from the Commissioners.
The Commissioners interposed no objections to approval of the Application.
ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION
NO. 2013-13 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING
Page 2
7-25-13
COMMISSION APPLICATION NO. 012 SUBMITTED BY RECREATION FIRE AND
MIRACLES MINISTRIES CHURCH FOR A SPECIAL USE PERMIT TO OPERATE A
PLACE OF RELIGIOUS ASSEMBLY IN THE PUD/I-1 ZONE (6601 SHINGLE CREEK
PARKWAY)
There was a motion by Commissioner Freedman, seconded by Commissioner Christensen, to
approve Planning Commission Resolution No. 2013-13.
Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, Morgan, and
Parks
And the following voted against the same: None
The motion passed unanimously.
The Council will consider the special use permit application at its August 12, 2013 meeting. The
applicant must be present. Major changes to the application as reviewed by the Planning
Commission will require that the application be returned to the Commission for reconsideration.
DISCUSSION ITEM
There were no discussion items.
OTHER BUSINESS-JULY 22, 2013 COUNCIL UPDATES
Mr. Benetti reviewed items approved by the City Council at their July 22, 2013 meeting
including the Luther Company applications. Mr. Benetti further described the plan for
landscaping and explained they are working with the Luther Company on placement and design
of the fence/screening and other landscaping on the site including retaining some of the existing
healthy trees. He added that the Luther Company is willing to work with the city to have a
minimal impact on the neighboring properties regarding landscaping, screening and lighting on
the site.
Chair Burfeind stated he was pleased that Luther was willing to turn down the lights on the
parking lot to eliminate the bright lights. He added if staff is identifying certain trees to protect,
he suggested that Luther emphasis protecting those trees on the plan.
Mr. Benetti emphasized that the plan that will be brought back to the Commission will be very
clear about landscaping on the property.
Mr. Benetti stated the City Council was pleased with the recent Architectural Design and Land
Use Guidelines presented by the Planning Commission.
There was a brief discussion regarding the status of Shingle Creek Crossing and various tenants
expected to occupy..
Commissioner Christensen stated he feels there is no "branding" or name recognition in this new
development area, and it is hard to identify the Shingle Creek Crossing development when
traveling along Hwy 100. He added it would be nice to add something that `screams' to people
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7-25-13
what is happening in the area to identify Shingle Creek Crossing and what the place offers. He
suggested the City work in partnership with the developer to create an image.
Chair Burfeind stated he agrees that creating an image and branding Shingle Creek Crossing is
important and he added he is disappointed to see Discount Tire as part of this development since
in the initial stages of planning, much more desirable businesses and restaurants were presented
as part of the Shingle Creek Crossing development.
Mr. Eitel responded he feels the same way; however, this use is not restricted by the PUD and
the developer has had difficulties in siting businesses on the Xerxes Avenue portion of the
development and obtaining interest by full service/sit down type restaurants. He added Mr.
Gatlin has leases signed for retail uses within Building D that do not involve a drive up window.
Mr. Eitel stated Maranatha is considering scheduling a tour of the facility in October before the
he move into the new facility in November. The demolition of the existing
residents make t ty
nursing home is scheduled to occur this winter with phases I &II of the project being completed
by spring 2014.
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Morgan, seconded by Commissioner Freedman, to
adjourn the Planning Commission meeting. The motion passed unanimously. The meeting
adjourned at 8:07 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
Page 4
7-25-13
XWAR k i f N 1 TER
Planning Commission Report
Meeting Date: August 15,2013 • Application Filed: 07/26/13
• Review Period(60-day)Deadline:09/25/13
• Extension Declared:N/A
• Extended Review Period Deadline:N/A
Application No. 2013-013
Applicant: Odyssey Academy School
Location: 6201 Noble Avenue North
Request: Special Use Permit to allow a new dynamic message sign (DMS) with a public use
located in the R1 One Family Residence District
INTRODUCTION
Signcrafters, a licensed sign hanger with the City of Brooklyn Center and acting on behalf of
Odyssey Academy School, is requesting a Special Use Permit to allow a new dynamic message
sign (DMS) with a public use located in the RI One Family Residence District pursuant to City
Code Section 34-140; Subpart 3.1), "A DMS owned or operated by a Public Use in all districts
where Public Uses are allowed may be approved by special use permit."
This item is being presented for review under public hearing. Notices were mailed to all registered
surrounding property owners within 150-feet of the subject property.
BACKGROUND
The subject property consists of 12.7 acres and was originally built and opened as Orchard Lane
Elementary School. The site is still owned by ISD No. 279 (Osseo School District), which has
been leasing the former elementary school property to the Odyssey Academy for a number of
years. Odyssey Academy is a Minnesota State Board of Education approved non-profit charter
school. A separate non-profit corporation, ASG Brooklyn Center recently received approval
from the City Council to issue conduit revenue bonds in the amount of$5.3 millions to help in
the acquisition and renovation of the school property on behalf and for the expressed interest of
Odyssey Academy.
As part of Odyssey's continuing efforts to identify the school, attract new students and provide
notifications and messages to its students, parents and the general public, they are seeking the
ability to place a new 6.5-ft. x 9-ft. (overall) monument style sign along the 63rd Avenue North
right of way line. This proposed sign is scheduled to have a 1.5' x 6.25' interior illuminated
(stationary) sign cabinet with"Odyssey Academy" sign face near the top, along with a 4' x 6.25'
electronic message board in the middle section, and a smaller additional sign copy underneath
the electronic board section.
Under City Code Chapter 34- Signs, a public use is allowed to have one freestanding sign not to
exceed 36 sq. ft. and no more than 10-ft. above ground level. Properties that have two or more
street frontages are entitled to a second sign of same size; or may elect to have one single
1' The bonds carry the City of Brooklyn Center's name only; while full fiscal, legal and moral responsibility for
repayment of the debt rests solely with ASG. ASG's sole source of revenue will be Odyssey Academy and the
State Funded Lease Aid provided to Odyssey. The City faces no liability for repayment of the bonds using either
City reserves or any levy against the City's tax base. Neither positive nor negative activity with this bond will
affect the City's bond rating with Standard&Poor's.
freestanding sign not to exceed 72 sq. ft. and 15 feet in height. Diagrams are noted below:
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CITY ORDINANCE STANDARDS
With the recent adoption of the new sign ordinance amendment related to dynamic message
signs with public uses, these types of sign requests must be approved under the special use
permit process. This SUP process was a result of the City Council requesting certain measures
or means of notification to the surrounding residents where these signs were being proposed.
According to the new ordinance, all DMS' in residential districts must comply with the
following standards:
a. the DMS shall only be allowed on a freestanding sign aligned perpendicular to the
adjacent roadway system. This roadway must either be a collector or arterial
street as identified in the City's Comprehensive Plan.
b. the area of a DMS sign is limited to an area equal to 50% of the maximum
allowable size of the freestanding sign.
C. the DMS message must remain stationary or static for 8 seconds or more;
d. the DMS shall be located no closer than 50 feet from any residential dwelling.
e. the DMS must have dimming technology that automatically adjusts its brightness
in direct correlation with ambient light conditions. Brightness shall not exceed
0.3 foot-candles above ambient light as measured from a preset distance
App.No.2013-013
PC 08/15/2013
Page 2
depending on the sign size.
In addition to these specific sign related standards, and pursuant to City Code Section 35-220,
Subdivision 2, the following standards must be met in order to satisfy the issuance of a special
use permit:
a. The establishment, maintenance or operation of the special use will promote and
enhance the general public welfare and will not be detrimental to or endanger the
public health, safety, morals or comfort.
b. The special use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the neighborhood.
C. The establishment of the special use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
d. Adequate measures have been or will be taken to provide ingress, egress and
parking so designed as to minimize traffic congestion in the public streets.
e. The special use shall, in all other respects, conform to the applicable regulations
of the district in which it is located.
STAFF ANALYSIS
As far as the sign standards noted above, the sign will or must meet these requirements prior to
or after the sign is installed. The sign is a freestanding (monument type) sign aligned
perpendicular to 63`d Avenue, which is also classified as a collector road system.
The overall size of the sign is 6.25' x 9', or 56.25 sq. ft. The combined area of the sign copy
(signage only) is approximately 38 sq. ft. A DMS at this location is allowed to have up to 72 sq.,
ft. of total signage, which would allow up to 36 sq. ft. dedicated to the electronic message board.
The proposed electronic message board is 41" (3.42') x 6.25' or 21.25 sq. ft. This proposed sign
therefore meets the 50%threshold required under this ordinance.
The sign appears to be well over 150 feet (as measured by City GIS mapping systems) from any
of the three adjacent residential dwellings, locally identified as 6300 and 6301 Orchard Avenue
North and 4701 —63`d Avenue North.
Staff will ensure the 8-second message duration standard is met once the DMS becomes
operational; and we possess the ability to measure the lighting and brightness levels if necessary.
App.No.2013-013
PC 08/15/2013
Page 3
i
The analysis of this special use will provide responses to the five standards noted in 35-220,
Subdiv. 2.
a. The establishment, maintenance or operation of the special use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health,
safety, morals or comfort.
The new DMS for Odyssey will not only provide a personal and unique means of
conveying multiple messages for the benefit of their students and parents, but also for the
general public as needed. The requirements that all messages must remain static for at
least 8-seconds is meant to avoid multiple changing messages every two seconds as seen
in the commercial DMS signs, and not cause too much of a distraction to the surrounding
residences. The brightness standards will be measured and determined after the sign
installation, and must be maintained according to the new City Sign Code standards.
Based on these standards, Staff does not believe this DMS will be a detriment or danger
to the public health, safety moral or comfort of the community, and may be acceptable.
b. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
The City has the ability to ensure the Applicant/Owner will maintain and continue to
meet the required standards as noted herein for this DMS in this residential area. Any
deviations or violations of these standards would result in immediate code enforcement
action or penalties, which could include the rescinding of the special use permit and
removal of the sign itself(that is if enforcement action is ignored, problems persist or the
sign becomes a public nuisance). Staff does not have any evidence this sign would be
injurious to the use and enjoyment of other properties in this neighborhood, nor do we
believe the sign would substantially diminish and impair property values within the
neighborhood. Staff therefore believes this DMS may be acceptable under this request.
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.
The sign will be fully contained and maintained on the Odyssey school property, which is
also located behind a chain-linked fenced area of the property. The sign location is well
over the 50-foot threshold from neighboring dwellings, and should have minimal effect
upon these dwellings once the sign is operational. The establishment of this sign will not
impede the normal and orderly development of the surrounding properties as long as said
sign is will maintained and meets the current sign ordinance requirements. This will be
ensured during the duration of its operation. Staff believes this DMS use may be
acceptable under this particular standard.
d. Adequate measures have been or will be taken to provide ingress, egress and parking so
designed as to minimize traffic congestion in the public streets.
This standard is not applicable or needs to be addressed under this specific DMS request.
App.No.2013-013
PC 08/15/2013
Page 4
All parking is located on the east and south sides of the academy, and does not impact,
affect or relate to this DMS request.
e. The special use shall, in all other respects, conform to the applicable regulations of the
district in which it is located.
The special use permit allowing this new DMS, and all other requirements needed to
approve said sign, such as the sign permit, will ensure the conformance to all regulations
applicable to these types of signs in these districts. City staff will ensure the sign meets
all building related requirements (such as footings, wind/snow loads, electrical hook-ups,
etc.) and will regulate brightness and message changing standards while this sign is
operational. Any deviations or violations of these standards may result in immediate
code enforcement action and/or penalties, which could include the rescinding of the
P use
special permit and removal of the si g n. Staff believes the sign will easily meet and
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maintain all regulations and standards as they apply to this new sign.
RECOMMENDATION
It is the opinion of Planning Staff that the standards for this special use permit and the criterion
used to measure or determine the appropriateness in allowing this new dynamic message sign
(DMS) to this public use, i.e. Odyssey Academy, which will be located in the RI One Family
Residence District, have been satisfactorily addressed or will be met upon completion of
installation.
It is therefore further recommended that Planning Application No. 2013-013, which
comprehends the special use permit at the subject site, be approved and that the Planning
Commission adopt the attached Planning Commission Resolution No. 2013-14 with the
following conditions:
1. The new dynamic message sign (DMS) shall comply with and meet all regulations and
standards as set forth under Chapter 34 (SIGNS) and Chapter 35 (ZONING) of the City
Code of Brooklyn Center.
2. The special use permit is issued only to Odyssey Academy and/or the current landowners
with the ability to install and maintain a new DMS at the subject site of 6201 Noble
Avenue North; and is limited to Odyssey Academy use only or any other future public
use that may occupy this site, as defined under City Code Section 35-900.
App.No.2013-013
PC 08/15/2013
Page 5
Commissioner introduced the following resolution and
moved its adoption
PLANNING COMMISSION RESOLUTION NO. 2013-14
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2013-013 SUBMITTED BY
ODYSSEY ACADEMY CHARTER SCHOOL FOR A SPECIAL USE PERMIT
TO INSTALL A NEW DYNAMIC MESSAGE SIGN (DMS) WITH A PUBLIC
USE IN THE RI ONE FAMILY RESIDENCE DISTRICT (6201 NOBLE
AVENUE NORTH)
WHEREAS, Planning Commission Application No. 2013-013 submitted by
Odyssey Academy Charter School for a Special Use Permit to install a new Dynamic Message Sign
(DMS) with a Public Use in the RI One Family Residence District, located at 6201 Noble Avenue
North(the"Subject Property"); and
WHEREAS, pursuant to City Code Section 34-140; Subpart 3.1), "A DMS owned or
operated by a Public Use in all districts where Public Uses are allowed may be approved by special
use permit.'; and
WHEREAS, the Planning Commission held a duly called public hearing on August
15, 2013, whereby a planning staff report and public testimony regarding the special use permit
were received; and
WHEREAS,the Planning Commission considered the Special Use Permit request in
light of all testimony received, the guidelines and standards for evaluating this special use permit
contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the
general goals and objectives of the City's 2030 Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Planning Application No.
2013-013 submitted by Odyssey Academy be approved based upon the following considerations:
1. The establishment, maintenance or operation of the special use will
promote and enhance the general public welfare and will not be detrimental
to or endanger the public health, safety, morals or comfort.
2. The special use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood.
3. 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.
Res.2013-14
1 of 2
4. Adequate measures have been or will be taken to provide ingress, egress
and parking so designed as to minimize traffic congestion in the public
streets.
5. The special use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City
of Brooklyn Center to recommend to the City Council that Planning Application No. 2013-013 be
approved subject to the following conditions and considerations:
1. The new dynamic message sign (DMS) shall comply with and meet all
regulations and standards as set forth under Chapter 34 (SIGNS) and
Chapter 35 (ZONING) of the City Code of Brooklyn Center.
2. The special use permit is issued only to Odyssey Academy and/or the
current landowners with the ability to install and maintain a new DMS at
the subject site of 6201 Noble Avenue North; and is limited to Odyssey
Academy use only or any other future public use that may occupy this site,
as defined under City Code Section 35-900.
Aup,ust 15 2013
Date Chair
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by
and upon vote being taken thereon,the following voted in favor thereof:
Chair , Commissioners , and
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Res.2013-14
2 of 2
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City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center MN 55430
Re: Special Use Permit for Odyssey Academy 6201 Noble Ave N
To whom it may concern:
Odyssey Academy is seeking a special use permit for the installation of one double faced monument sign
with an electronic message center. The sign will have an overall size of 6'3" wide x 9'1"tall. The overall
height of the sign shall be 9'1". The sign will identify the school and the message center will be used to
acknowledge student achievements and notify the general public of school events.
This sign will in no way be detrimental to the public health, safety, morals or comfort. This sign will not
be injurious to the use and enjoyment of the adjacent properties or the neighborhood in general. This
special use permit will not impede the normal orderly development and improvement of the
neighboring properties. The sign shall conform in all other respects to the applicable regulations for this
zoning district.
A print of the sign is attached along with a site plan showing the location of h sign on the property.
We thank you for your consideration of this application.
Thank you,
Mike Lawrance
Account Executive
2405 ..
MINNEAPOLIS MN 55441
P. (753) 571-2995 F. (753) 571-35BB
X h rK .'T'ER
Planning Commission Report
Meeting Date: August 15,2013 Application Filed:07/25/13
• Review Period(60-day)Deadline: 09/24/13
• Extension Declared:N/A
• Extended Review Period Deadline:N/A
-------------- -------------
Application No. 2013-014
Applicant: Evergreen Park Elementary School (ISD No. 11)
Location: 7020 Dupont Avenue North
Request: Special Use Permit to allow a new dynamic message sign (DMS) with a public use
located in the R1 One Family Residence District
INTRODUCTION
Mr. Greg Rendall of Sign Source (a licensed sign hanger with the City of Brooklyn Center),
acting on behalf of Evergreen Park Elementary School (with Anoka-Hennepin School District
No. 11) is requesting a Special Use Permit to allow a new dynamic message sign (DMS) with a
public use located in the RI One Family Residence District pursuant to City Code Section 34-140;
Subpart 3.13, "A DMS owned or operated by a Public Use in all districts where Public Uses are
allowed may be approved by special use permit."
This item is being presented for review under public hearing. Notices were mailed to all registered
surrounding property owners within 150-feet of the subject property.
BACKGROUND
Evergreen Park school is located at 7020 Dupont Avenue. The school currently has an existing 5' x
6' freestanding(monument style) sign located near the front walkway entry into the school building
(off Dupont Avenue). The sign consists of a 2' x 6' permanent identification sign copy face; along
with a 3' x 6' changeable(manual letters only)message board sign underneath this upper permanent
identification sign.
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App.No.2013-012
PC 07/25/2013
Page 1
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As part of Evergreen Park's efforts to identify the school and provide notifications and messages
to the students, parents and general public, they are seeking the ability to place a new 4.6-ft. x
7.85-ft. monument style sign (as shown in the diagram below) along Dupont Avenue.This sign
would essentially replace the old 5' x 6' sign located at the school.
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App.No.2013-012
PC 07/25/2013
Page 2
This proposed sign is scheduled to have a 2.1-ft. by 7.85-ft. (16.35 sq. ft.) dynamic or electronic
message board sign, with a permanent"Evergreen Park" sign copy above the electronic board.
Under City Code Chapter 34- Signs, a public use is allowed to have one freestanding sign not to
exceed 36 sq. ft. and no more than 10-ft. above ground level. Properties that have two or more
street frontages are entitled to a second sign of same size; or may elect to have one single
freestanding sign not to exceed 72 sq. ft. and 15 feet in height.
CITY ORDINANCE STANDARDS
With the recent adoption of the new sign ordinance amendment related to dynamic message
signs with public uses, these types of sign requests must be approved under the special use
permit process. This SUP process was a result of the City Council requesting certain measures
or means of notification to the surrounding residents where these signs were being proposed.
According to the new ordinance, all DMS' in residential districts must comply with the
following standards:
a. the DMS shall only be allowed on a freestanding sign aligned perpendicular to the
adjacent roadway system. This roadway must either be a collector or arterial
street as identified in the City's Comprehensive Plan.
b. the area of a DMS sign is limited to an area equal to 50% of the maximum
allowable size of the freestanding sign.
C. the DMS message must remain stationary or static for 8 seconds or more;
d. the DMS shall be located no closer than 50 feet from any residential dwelling.
e. the DMS must have dimming technology that automatically adjusts its brightness
in direct correlation with ambient light conditions. Brightness shall not exceed
0.3 foot-candles above ambient light as measured from a preset distance
depending on the sign size.
In addition to these specific sign related standards, and pursuant to City Code Section 35-220,
Subdivision 2, the following standards must be met in order to satisfy the issuance of a special
use permit:
a. The establishment, maintenance or operation of the special use will promote and
enhance the general public welfare and will not be detrimental to or endanger the
public health, safety, morals or comfort.
b. The special use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially
diminish and impair property values within the neighborhood.
App.No.2013-012
PC 07/25/2013
Page 3
C. The establishment of the special use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
d. Adequate measures have been or will be taken to provide ingress, egress and
parking so designed as to minimize traffic congestion in the public streets.
e. The special use shall, in all other respects, conform to the applicable regulations
of the district in which it is located.
STAFF ANALYSIS
As far as the sign standards noted above, the sign will or must meet these requirements prior to
or after the sign is installed. The sign is a freestanding (monument type) sign aligned
perpendicular to Dupont Avenue, which is classified as a collector road system.
The overall size of the sign is 55" (4.58') x 94" (7.83') or 35.9 sq. ft., and sits 6.6 feet from
ground level. The proposed electronic message board is 25" (2.1') by 94" (7.83'), or 16.3 sq. ft.
This proposed sign would meet the 50%threshold required under this ordinance.
The sign location is well over 100 feet (as measured by City GIS mapping systems) from any of
the adjacent residential dwellings situated across the street from Dupont Avenue.
Staff will ensure the 8-second message duration standard is met once the DMS becomes
operational; and we possess the ability to measure the lighting and brightness levels if necessary.
The analysis of this special use will provide responses to the five standards noted in 35-220,
Subdiv. 2.
a. The establishment, maintenance or operation of the special use will promote and enhance
the general public welfare and will not be detrimental to or endanger the public health,
safety, morals or comfort.
The new DMS for Evergreen Park school will not only provide a personal and unique
means of conveying multiple messages for the benefit of their students and parents, but
also for the general public as needed. The requirements that all messages must remain
static for at least 8-seconds is meant to avoid multiple changing messages every two
seconds as seen in the commercial DMS signs, and not cause too much of a distraction to
the surrounding residences. The brightness standards will be measured and determined
after the sign installation, and must be maintained according to the new City Sign Code
standards. Based on these standards, Staff does not believe this DMS will be a detriment
or danger to the public health, safety moral or comfort of the community, and may be
acceptable.
b. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
App.No.2013-012
PC 07/25/2013
Page 4
The City has the ability to ensure the Applicant/Owner will maintain and continue to
meet the required standards as noted herein for this DMS in this residential area. Any
deviations or violations of these standards would result in immediate code enforcement
action or penalties, which could include the rescinding of the special use permit and
removal of the sign itself (that is if action is ignored, problems persist or the sign
becomes a public nuisance). Staff does not have any evidence this sign would be
injurious to the use and enjoyment of other properties in this neighborhood, nor do we
believe the sign would substantially diminish and impair property values within the
neighborhood. Staff therefore believes this DMS may be acceptable under this request.
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.
The sign will be fully contained and maintained on the Evergreen Park school property,
and is replacing an existing and obsolete manual message changing sign. The sign
location is well over the 50-foot threshold from neighboring dwellings, and should have
minimal effect upon these dwellings once the sign is operational. The establishment of
this sign will not impede the normal and orderly development of the surrounding
properties as long as said sign is will maintained and meets the current sign ordinance
requirements. This will be ensured during the duration of its operation. Staff believes
this DMS use may be acceptable under this particular standard.
d. Adequate measures have been or will be taken to provide ingress, egress and parking so
designed as to minimize traffic congestion in the public streets.
This standard is not applicable or needs to be addressed under this specific DMS request.
All parking is located on the west and south sides of the school property, and does not
impact or affect this sign placement, and does not relate to this specific DMS request.
e. The special use shall, in all other respects, conform to the applicable regulations of the
district in which it is located.
The special use permit allowing this new DMS, and all other requirements needed to
approve said sign, such as the sign permit, will ensure the conformance to all regulations
applicable to these types of signs in these districts. City staff will ensure the sign meets
all building related requirements (such as footings, wind/snow loads, electrical hook-ups,
etc.) and will regulate brightness and message changing standards while this sign is
operational. Any deviations or violations of these standards may result in immediate
code enforcement action and/or penalties, which could include the rescinding of the
special use permit and removal of the sign. Staff believes the sign will easily meet and
maintain all regulations and standards as they apply to this new sign.
RECOMMENDATION
It is the opinion of Planning Staff that the standards for this special use permit and the criterion
used to measure or determine the appropriateness in allowing this new dynamic message sign
(DMS)to this public use, i.e. Evergreen Park Elementary School, which is located in the R1 One
Family Residence District, have been satisfactorily addressed or will be met upon completion of
App.No.2013-012
PC 07/25/2013
Page 5
installation.
It is therefore further recommended that Planning Application No. 2013-014, which
comprehends the special use permit at the subject site, may be approved, and the Planning
Commission should adopt the attached Planning Commission Resolution No. 2013-15 with the
following conditions:
1. The new dynamic message sign (DMS) shall comply with and meet all regulations and
standards as set forth under Chapter 34 (SIGNS) and Chapter 35 (ZONING) of the City
Code of Brooklyn Center.
2. The special use permit is issued only to Evergreen Park Elementary School with the
ability to install and maintain a new DMS at the subject site of 7020 Dupont Avenue
North, and is limited to Evergreen Park school use only or any other future public use
that may occupy this site, as defined under City Code Section 35-900.
App.No.2013-012
PC 07/25/2013
Page 6
Commissioner introduced the following resolution and
moved its adoption
PLANNING COMMISSION RESOLUTION NO. 2013-15
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2013-014 SUBMITTED BY
EVERGREEN PARK ELEMENTARY SCHOOL FOR A SPECIAL USE PERMIT
TO INSTALL A NEW DYNAMIC MESSAGE SIGN (DMS) WITH A PUBLIC
USE IN THE RI ONE FAMILY RESIDENCE DISTRICT (7020 DUPONT
AVENUE NORTH)
WHEREAS, Planning Commission Application No. 2013-014 submitted by
Evergreen Park Elementary School (with Independent School District No. 11) for a Special Use
Permit to install a new Dynamic Message Sign (DMS) with a Public Use in the R1 One Family
Residence District, located at 7020 Dupont Avenue North(the"Subject Property"); and
WHEREAS, pursuant to City Code Section 34-140; Subpart 3.1), "A DMS owned or
operated by a Public Use in all districts where Public Uses are allowed may be approved by special
use permit."; and
WHEREAS, the Planning Commission held a duly called public hearing on August
15, 2013, whereby a planning staff report and public testimony regarding the special use permit
were received; and
WHEREAS, the Planning Commission considered the Special Use Permit request in
light of all testimony received, the guidelines and standards for evaluating this special use permit
contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the
general goals and objectives of the City's 2030 Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Planning Application No.
2013-013 submitted by Evergreen Park Elementary School be approved based upon the following
considerations:
1. The establishment, maintenance or operation of the special use will
promote and enhance the general public welfare and will not be detrimental
to or endanger the public health, safety, morals or comfort.
2. The special use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood.
3. 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.
Res.2013-15
1 of 2
4. Adequate measures have been or will be taken to provide ingress, egress
and parking so designed as to minimize traffic congestion in the public
streets.
5. The special use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City
of Brooklyn Center to recommend to the City Council that Planning Application No. 2013-013 be
approved subject to the following conditions and considerations:
1. The new dynamic message sign (DMS) shall comply with and meet all
regulations and standards as set forth under Chapter 34 (SIGNS) and
Chapter 35 (ZONING) of the City Code of Brooklyn Center.
2. The special use permit is issued only to Evergreen Park Elementary School
with the ability to install and maintain a new DMS at the subject site of
7020 Dupont Avenue North, and is limited to Evergreen Park school use
only or any other future public use that may occupy this site, as defined
under City Code Section 35-900.
August 15, 2013
Date Chair
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by
and upon vote being taken thereon,the following voted in favor thereof:
Chair , Commissioners , and
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Res.2013-15
2 of 2
12/27/12
To Brooklyn Center City Council Members,
This letter is in support of the request for an electronic sign at Evergreen
Park World Cultures Community School located in Brooklyn Center, Minnesota.
Evergreen Park is a Community School in the Anoka Hennepin School District.
This past September, Evergreen opened as a new Community themed school
for students in Pre K through grade five. There are five key components to our
community school initiative: High Quality Instruction, Mutual Respect and Effective
Collaboration Amongst Families, Community,and School Staff, Student Motivation
and Engagement, Community Engagement,and Family Support. This school
specialty is a very comprehensive approach to teaching and learning by involving all
stakeholders in the process.
The electronic sign is integral to this outreach initiative,because it offers us
an opportunity to communicate to all in the school community. The electronic sign
will allow us to communicate the services and events planned to the public.
Examples of services and events may include: food/clothing shelf hours, adult basic
education hours and classes, after school programming,summer school
programming,special events,summer food program to name some.As we
implement our five-year plan the hope is to offer medical, dental,and legal
assistance on site as well. Given the number of events and services offered an
electronic sign would greatly enhance our ability to communicate to the public we
serve.
We would also include the time, date,and temperature on the sign as an
added feature for those in the area. These services, programs,and communications
directly benefit families in the Brooklyn Center Community.
Thank you for your consideration. I look forward to your decision and hope
to work as a partner in serving the families in the Brooklyn Center Community.
Sincerely,
Sheryl D. Ray
Principal, Evergreen Park World Cultures Community School
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A GREAT PLACE TO START. A GREAT PLACE TO STAY www.cityofbrooklyncenter.org
Planning Commission
763-569-3335-Direct
TO: Chair Burfeind and the Planning Commission
FROM: Gary Eitel, Director of Business and Development
Tim Benetti, Planning & Zoning Specialist/Planning Commission Secretary
DATE: August 15, 2013
RE: Planning Commission Agenda Item No. 6.a—Discussion of Proposed Ordinance
Amendments by the City of Brooklyn Center
Attached to this memo is a copy of a very comprehensive City Council Work Session
Memorandum from Vickie Schleuning, Assist. City Manager/Director of Building and
Community Standards (dated and presented July 8, 2013) to the Mayor and City Council,
regarding a number of proposed amendments to City Code on parking regulations, driveways
and waste containers.
The discussions of these items and subject matters have been ongoing for well over the past two
years with the City Council. This most recent discussion included a proposal to amend certain
sections of City Code Chapter 35 (Zoning). Normally the Planning Commission is directed or
tasked by the City Council to study, consider and provide recommendations on ordinance
amendments, especially when related to zoning code regulations and standards. In this case, city
staff determined through their process of studying and working on these topic issues, that
different elements and sections of the City Code would be affected and needed amending.
As noted and provided in the memo packet, city staff provided a draft ordinance amendment
related to Section 35-900 (Definitions), specifically "Front Yards", "Rear Yards" and "Side
Yards". This ordinance also provides illustrations (Figures 1 — 6) for added reference, which
would be a first to be included in the City's zoning code. These new yard definitions are being
created to eliminate confusion over where vehicles can be legally parked or stored in certain
areas of the yards, and where trash containers and other regulated items can be stored or
maintained within residential lots.
The study also includes a draft ordinance providing new Chapter 35 - Section 400.1 LOT
COVERAGE AND IMPERVIOUS SURFACES standards. This ordinance is being suggested in
order to address some noticeable problems observed by city staff with a number of residential
lots throughout the City that appear to be over-improved or have too much hard-surfaced lot
cover in driveways, walkways, patios and buildings, etc. The intent of these new standards is to
limit the overall impervious surface cover of lots, in order to allow moisture and rainwater runoff
to penetrate the ground-surfaces more naturally and easier.
City Hall Community Center Police&Fire Departments
6301 Shingle Creek Pkwy 6301 Shingle Creek Pkwy 6645 Humboldt Ave N
Brooklyn Center,MN 55430-2199 Brooklyn Center,MN 55430-2199 Brooklyn Center,MN 55430-1853
763-569-3300 Fax:763-569-3494 763-569-3400 Fax: 763-569-3434 763-569-3333 Fax: 763-561-0717
Although not specifically addressed under this Work Session report and supporting documents,
some discussion did take place on the allowing certain additions or structures to encroach into
yard setbacks, specifically decks and porches. Although this amount or limits of encroachment
have not been fully vetted or determined by city staff, we still request your input and comments
as they related to this issue.
There are other draft ordinances included with this packet, but Planning Staff would suggest the
Commission focus more on the Chapter 35 —Zoning related items than the other issues, such as
waste containers and snow removal. Planning staff intends to forward any comments or
suggestions the Planning Commission may have regarding these items to Ms. Schleuning and her
staff; with the understanding that upon presentation back to the City Council, the Council may
elect or direct these ordinance amendments back to the Planning Commission for official
consideration (under new/separate public hearings); or they may decide or direct staff to have
these items/issues studied further; or they may decide to take no action at this time. Regardless,
planning staff will keep the Commissioners apprised of any future findings or decisions as they
become known.
Until then or if you have any questions or concerns prior to the meeting, feel free to contact Gary
(763.569.3305)/email: geitelkci.brooklyn-center.mn.us or Tim at(763.560-3319)/email:
tbenetti ,ci.brooklyn-center.mn us.
City Hall Community Center Police&Fire Departments
6301 Shingle Creek Pkwy 6301 Shingle Creek Pkwy 6645 Humboldt Ave N
Brooklyn Center,MN 55430-2199 Brooklyn Center,MN 55430-2199 Brooklyn Center,MN 55430-1853
763-569-3300 Fax:763-569-3494 763-569-3400 Fax: 763-569-3434 763-569-3333 Fax: 763-561-0717
MEMORANDUM - COUNCIL WORK SESSION
DATE: July 8, 2013
TO: Curt Boganey, City Manager
FROM: Vickie Schleuning, Assistant City Manager/Director of Building and Community
Standards
SUBJECT: Draft Ordinances for Parking, Driveways, and Waste Containers, Lot Coverage,
and Snow Removal
Recommendation:
It is recommended that the City Council provide direction to staff regarding the desired
amendments to ordinances pertaining to parking, driveways and waste containers.
Background:
On August 27, 2012,the City Council discussed the results of a recent city wide survey relating
to the drafted ordinance revisions. Some changes were made to the draft ordinance based on the
feedback. In addition,the Housing Commission has reviewed the draft ordinance and made
comments.
Changes Made:
• The requirement of a three foot setback for driveways was removed.
• Language was added that a driveway or parking area must conform to current standards if
a property is registered as vacant.
• The time a waste container can be place at the curb was changed to 4 pm the day before
pick up.
Current Ordinance Summary
A summary of the current city ordinances in relation to vehicle and driveway standards at
residential property is provided below:
• All vehicles stored at a property must be properly licensed and in operable condition.
• All vehicles stored at property must be owned by a resident of the property,with the
exception of temporary guests.
• Vehicles stored in the front yard or side setback(not defined as side yard), must be
located on an approved surface such as gravel, bituminous or concrete.
• Commercial vehicles may not be parked on residential properties except for reasonable
deliveries or service up to 2 hours.
• Vehicles may not be stored on the street overnight between the hours of 2 am and 6 am,
or for more than 6 continuous hours.
Summary of Draft Ordinances
A summary of the requirements of the draft ordinance amendments is as follows:
Mission Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
MEMORANDUM - COUNCIL WORD SESSION
• All vehicles must be parked on either an impervious surface or a grandfathered gravel
parking surface in any yard area- front, back, sides.
• An improved surface and impervious surface is defined.
• Grandfathering conditions for existing well-maintained gravel driveways and parking
areas are prescribed.
• Standards for driveway installation and maintenance are established for both improved
and gravel driveway and parking areas.
• Definitions for front, side and rear yards at a property are provided.
• Requirements for the amount of improved and impervious surfaces allowed for a single
family lot(in R-1 and R-2 zones) in front yard and total lot are established.
• Clarification on the waste container storage ordinance relating to location.
• Snow removal ordinance changed to require all owners of occupied residential property
to maintain a driveway free of snow and ice.
Council Goals:
Strategic:
2 We will stabilize and improve residential neighborhoods
4. We will improve the city's image
Attachments:
Attachment I- Housing Commission Comments
Attachment II- Draft Ordinance Amendments
Attachment III- Council Work Session Memo 02/27/2012
Attachment IV- Council Work Session Memo 08/27/2012
xMission:Ensuring an attractive,clean,safe,inclusive community that enhances the quality of life
for all people and preserves the public trust
Attachment I- Housing Commission Comments
On June 18, 2013, the Housing Commission Reviewed the Draft Ordinances and made the
following recommendations:
• Vehicle Parking Locations: It was recommended that the draft ordinance be approved as
written,which includes the increased parking surface requirements for side and backyard
surfaces. This limits the number of vehicles base on the size of lot rather the setting a
limit to the number of vehicles. Also, expressed concerns regarding staffing levels
required to enforce ordinances.
• Parking Surface: The Housing Commission was split on this topic
• Two Housing Commissioners recommended that new and existing gravel
driveways be permitted with maintenance standards.
• Two Housing Commissioners recommended gravel driveways being prohibited
unless grandfathered. They also recommend the grandfathered gravel driveways
be required to be upgraded with vacant registration.
• Lot Coverage: It was recommended that the draft ordinance be approved as written with
the 50%requirement. It was also recommended that the language in chapter 19-103.14a
be revised to be consistent with new definitions.
• Waste Container Storage: The Housing Commission agreed with the clarification of the
timing and location for waste container placement.
• Snow Removal: It was recommended that all properties be required to remove snow from
driveways and this ordinance should be drafted to be enforced similar to tall grass and
weeds.
Attachment II- Draft Ordinance Amendments
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of , 2013,
at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to signs
in the City.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 763-569-3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO PARKING OF VEHICLES
AND AMENDING BROOKLYN CENTER CITY CODE
SECTIONS 35-900, 19-102 AND 19-103
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Brooklyn Center City Code, Section 35-900, definitions of"Yard", "Yard, Front",
"Yard, Rear" and"Yard, Side" are amended as follows:
35-900
YARD. A yard ex4ends aleng a lot line a-ad at right angles te sueh let line te a dep
this width - •r a in the yard regulatiens f the dis4fie4; An open space
unobstructed from the around upward with the exception of landscape materials and minor
fixtures of a non-structural nature commonly found in a yard For the purpose of this chapter,
front yard side yard and rear yard shall have the following meanings:
(1) Yard, Front
side lot lines. Net-withstandkig previsions to the eent-fafy, en eerner lets, the frent yard
shall-gcncra=ry—vim-the-full width rvr--the
between the side-lot and-the_eppes to lot line -The area
between the front lot line and a line drawn along the front face or faces of the principal
structure on the property and extended to the side property lines. Where a lawful existing
garage is located closer to the front lot line than the principal structure, the front yard is
the area between the front lot line and a line drawn along the front face or faces of the
principal structure to the perpendicular line following the accessory structure to the front
face of the accessory structure and extended to the side property line. For properties
where the front yard definition is not applicable the city will determine the front yard
area. (Figures 1 - 5)
(2) Yard, Rear. — ^ yafd eyAending aleng the ful A4&h „f the
twe side lot 'i^°s The area between the rear lot line and the closest portion of the
principal structure and abutting the side and front yard. (Figures 1 - 5)
(3) Yard, Side—A yard extending g the •;a jot lino between the f a rear-le
lines: The area extending from the front yard to the rear yard along a side lot line
measured perpendicularly from the side lot line to the closest point of a
structure. (Figures 1-6)
Figure 1 Figure 2 Figure 3
REAR
REAR
garage
0
REAR V)
w SIDE
o w
� house w g house
holies garage u!
garage
T
O
FRONT :. d
FRONT c
FRONT PROPERTY LINE
7 R.O.W.
CURB/ROAD EDGE
PROPERTY LINE--— ; -
v` Y
R O.W.
CURB/ROAD
EDGE—RRORERR.D,w
WRB/ROAD EDGE
Figure 4
Figure 5 Figure 6
ALLEY ROAD EDGE PROPERTY LINE
w.
p.a
g driveway garage
REAR
REAR I 25 FT 115 FT
SIDE 1
ADJACENT
TO STREET REAR
house garage
°—a house garage Q
.FRONT% w w
J ° house °
FRONT PROPERTY UNE� N
-
N -
R.O.W. _
v CURB/ROAD EDGE
PROPERTY LINE _
R.O.W. F—
— CURB/ROAD EDGE 1 � .FRONT
PROPERTY LINE-
R.O.W.
CURB/ROAD EDGE
Section 2. Brooklyn Center City Code, Section 19-102 is amended as follows:
CHAPTER 19 PUBLIC NUISANCES AND PETTY OFFENSES
Section 19-102. DEFINITIONS. The following words, when used in this echapter,
shall have the meanings ascribed to them:
1. Garbage includes all putrescible animal, vegetable or other matter that attends the
preparation, consumption, display, dealing in or storage of meat, fish, fowl,birds, fruit, or
vegetables, including the cans, containers or wrappers wasted along with such materials.
2. Rubbish is nonputrescible solid wastes such as wood, leaves, trimmings from shrubs,
dead trees or branches thereof, shavings, sawdust, excelsior, wooden waste, printed
matter, paper, paper board, paste boards, grass, rags, straw, boots, shoes, hats and all
other combustibles not included under the term garbage.
3. Improved Parking Surface: A parking surface such as concrete asphalt brick, or other
hard material/method approved by the city manager or the manager's authorized agent.
Aggregate, gravel or landscaping or similar material is not improved.
4. Total yard space: The total yard space is the total surface area of the property excluding
any surface areas covered by a principal or accessory structure.
Section 3. Brooklyn Center City Code, Section 19-103 is amended as follows:
Section 19-103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a
public nuisance to permit,maintain, or harbor any of the following:
1. Diseased animals, fish or fowl, wild or domestic, whether confined or running at
large.
2. Carcasses of animals, fish or fowl, wild or domestic, not buried or destroyed
within 24 hours after death.
3. Garbage not stored in rodent free and fly-tight containers, or; garbage stored so as
to emit foul and disagreeable odors, or; garbage stored so as to constitute a hazard
to public health.
4. Accumulations of rubbish as defined herein.
5. The dumping of any effluent, garbage, rubbish, wastewater, or other noxious
substance upon public or private property.
6. Any open well, pit, excavation, structure, barrier or other obstruction which
endangers public health, safety or welfare.
7. The pollution of any public or private well or cistern, any public stream, lake,
canal, or body of water by effluent, garbage,rubbish or other noxious substance.
8. Any noxious weeds, or any other vegetation which endangers public health, safety
or welfare, or which is contraband within the meaning of state or federal laws.
9. The emitting or production of dense smoke, foul odor, noise, noxious fumes,
gases, soot, cinders or sparks in quantities which unreasonably annoy, injure, or
endanger the safety, health, morals, comfort, or repose of any number of members
of the public.
10. The public exposure of persons having a contagious disease or condition which
endangers public health, safety or welfare.
11. Accumulation of junk, disused furniture, appliances, machinery, automobiles and
parts thereof or any matter which may become a harborage for rats, snakes or
vermin, which creates a visual blight, or which may be conducive to fire, or which
endangers the comfort, repose,health, safety or welfare of the public.
12. The parking and/or storage of construction equipment, farm vehicles and
equipment, or a commercial vehicle with a length greater than 21 feet, or a height
greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds,
continuously for more than two hours on any property within a residential zoning
district or being lawfully used for residential purposes or on any public street
adjacent to such properties. Such equipment and vehicles shall include, but are
not limited to, the following: dump trucks, construction trailers, back hoes, front-
end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers,
tractors,tow trucks,truck-tractors, step vans, cube vans and the like.
The prohibitions of this subdivision shall not apply to the following:
a) Any equipment or vehicle described above being used by a public utility,
governmental agency, construction company, moving company or similar
company which is actually being used to service a residence not belonging
to or occupied by the operator of the vehicle.
b) Any equipment or vehicle described above which is actually making a
pickup or delivery at the location where it is parked. Parking for any
period of time beyond the time reasonably necessary to make such a
pickup or delivery and in excess of the two hour limit shall be unlawful.
C) Any equipment or vehicle exceeding the above described length, height or
weight limitations, but which is classified as recreation equipment as
specified in Minnesota Statutes 168.011, Subdivision 25.
d) Any equipment or vehicle described above which is parked or stored on
property zoned residential and being lawfully used as a church, school,
cemetery, golf course, park, playground or publicly owned structure
provided the equipment or vehicle is used by said use in the conduct of its
normal affairs.
e) Any equipment or vehicle described above which is parked or stored on
property which is zoned residential and the principal use is nonconforming
within the meaning of Section 35-111 of the City Ordinances, provided
such parking or storage is not increased or expanded after the effective
date of this ordinance.
13. The outside parking and/or storage on vacant property of usable or unusable
vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all-terrain
vehicles, construction vehicles and equipment, or similar vehicles, materials,
supplies, equipment, ice fish houses, skateboard ramps, play houses or other
nonpermanent structures except as may be permitted by the Zoning or Sign
Ordinances.
14. The outside parking and/or storage on occupied residentially used property of
usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational
vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment,
ice fish houses, skateboard ramps, or other nonpermanent structures unless they
comply with the following:
a) Vehicles, trailers and watercraft may be parked or stored outside in any
yard provided, however, if they are parked ° sto e' • - the f „+ `of °
, they must be parked or stored on an
authorized parking or driveway area in compliance with paragraph 15 of
this section
driveway are and be in compliance with Section 19-1301 through 1305 of
the City Or-dinaneesCode. " +h • a ` J ' paved of avele
ex4ensiens thefee r The improved parking surface may not exceed 50% of
the total yard space in the front yard or a yard area abutting a public street
unless approved by the City Council as part of a plan approval for an
apartment complex pursuant to Section 35-230 of the City` r-di a lees.
b) Materials, supplies, equipment other than construction or farm equipment,
may be stored or located in any yard other than a front yard or a yard
abutting a public street provided they are screened from public view by an
opaque fence or wall at least six feet high or high enough to prevent these
items from being seen from abutting property at ground level.
C) All vehicles, watercraft and other articles allowed to be stored outside in
an approved manner on occupied residentially used property must be
owned by a person who resides on the property. (Persons who are away at
school or in the military service for periods of time, but still claim the
property as their legal residence shall be considered residents on the
property.)
d) The prohibitions of this section of the ordinance shall not apply to
commonly accepted materials or equipment such as playground
equipment, allowable accessory structures, flagpoles, air conditioner
condensers, laundry drying equipment, arbors, trellises, properly stacked
firewood and temporary storage of building materials for home
improvement projects in process.
15 Driveway and Parking Area Requirements The following requirements shall
gpply to all driveways and parking areas located at residential properties.
a) All driveways and parking areas shall be properly constructed with an improved
parking surface.
b) All driveways and parking are must be maintained in good condition free of
deterioration potholes erosion or hazardous conditions.
c) Driveways mgy not exceed a width of 24 feet within the public right-of-way.
d) NonConforming Driveways and Parking Areas.
1. Gravel driveways established by January 1 2014 are not required to be
replaced with an impervious surface if the following requirements are met:
i. The gravel driveway must consist of a uniform laver of gravel
evenly distributed from edge to edge and must be free of bare
spots soil and vegetation The depth of the gravel laver must be a
minimum of 2 inches.
ii. The gravel material shall consist of compacted rock or crushed
stone such as class V mix with limestone not more than 1 inch in
diameter. It must not contain sticks construction debris or other
foreign material.
iii. The driveway or parking areas is maintained in good condition free
of deterioration potholes erosion or hazardous conditions.
iv. There may be no expansion enlargement intensification,
replacement alteration or relocation of any non-conforming
driveway except to make it conforming.
2. A non conforming drivewa use se mU not be changed to another non-
conforming use.
3. When any non conforming driveway material has been changed to a
conforming material it may not later be changed back to a non-
conforming driveway.
4. A property will be required to ugpgrade to an improved surface for any of
the following conditions.
1) The gravel driveway is not properly maintained.
2) A new garage is installed or the current garage is replaced.
3) If the parking surface is expanded.
4) If a property is registered as Vacant according to section
12-1501 through 12-1511
Section 4. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
[Underlined material is new. S4ieke material is deleted.]
Adopted this day of , 2013.
Tim Willson,Mayor
ATTEST:
Sharon Knutson, City Clerk
Date of Publication:
Effective Date:
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of , 2013,
at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway,to consider an ordinance relating to signs
in the City.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 763-569-3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO IMPERVIOUS SURFACE
COVERAGE ON RESIDENTIAL LOTS; ADDING NEW CITY
CODE SECTION 35-400.1
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS:
Section 1. Brooklyn Center City Code is amended by adding new Section 35-400.1 as follows:
Section 35-400.1. LOT COVERAGE AND IMPERVIOUS SURFACES.
1. For purposes of this section, "Impervious Surface" means a surface that allows very little
or no penetration of water or moisture into the soil or ground. Examples include
concrete, asphalt, and various compacted materials including aggregate, limestone and
recycled bituminous. Buildings, rooftops, patios and driveways and any other structure
shall be included for the purpose of calculating lot coverage. Exception: Decks will not
be considered when calculating lot coverage percentage.
2. Lots in the R-1 District are subject to the following limits for Impervious Surfaces:
a. No more than 50 percent of the area of the front yard may be covered by an
Impervious Surface.
b. Lot coverage of Impervious Surfaces may not exceed 50 percent of the lot area.
Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of , 2013.
Tim Willson, Mayor
ATTEST:
Sharon Knutson, City Clerk
Date of Publication:
Effective Date:
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of , 2013,
at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway,to consider an ordinance relating to signs
in the City.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 763-569-3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO REFUSE CONTAINERS;
AMENDING CITY CODE SECTION 7-102, SUBDIVISION 4
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS:
Section 1. Brooklyn Center City Code, Section 7-102, Subdivision 4 is amended as follows:
Subdivision 4. Placing of Waste Containers. Cen4ainer-, .__d..t be plaeed behind the ft'c„t
sethaek of the r-esidenee plaee i ° leaat d t °”+In the R-1 or R-2
r a� �a rM
Districts containers may not be placed in the Front Yard as defined in Code Section 35-900.
Containers may be located in the front area behind the setback of the house if located in an
enclosure within forty-eight (48) inches of the principal structure or garage and are not visible
from any public street or residential property. Containers may be placed in the Front Yard as
may be reasonable and immediately necessary for collection, after 4 pm the day prior to nick-up
and on the day of pickup. In no event may containers be placed or maintained in a way that
unreasonably interferes with the use of adjoining property. Containers kept outside must be
placed in a manner that does not permit entry of or harborage for animals, insects or other
vermin, or permit the container to be tipped over. Containers must be maintained in a reasonable
clean condition at all times.
Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
r ouble underlined material is new. Strieke material is deleted.]
Adopted this day of , 2013.
Tim Willson, Mayor
ATTEST:
Sharon Knutson, City Clerk
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of , 2013,
at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway,to consider an ordinance relating to signs
in the City.
Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance.
Please notify the personnel coordinator at 763-569-3303 to make arrangements.
ORDINANCE NO.
AN ORDINANCE RELATING TO REMOVAL OF SNOW AND
ICE; AMENDING CITY CODE SECTION 12-314
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER ORDAINS AS FOLLOWS:
Section 1. Brooklyn Center City Code, Section 12-314 is amended as follows:
Section 12-314. REMOVAL OF SNOW AND ICE. Every owner and occupant of a
dwelling containing a single dwelling unit, and the owner of a multiple family dwelling or a
nonresidential building shall be responsible for the removal of snow and ice from parking lots,
driveways, steps, and walkways on the premises. Unless an emergency situation exists or snow
removal is necessary for maintenance activities vacant properties are exempted for a single
dwelling unit. Individual snowfalls of three inches or more, or successive snowfalls
accumulating to a depth of three inches, shall be removed from parking lots and driveways
within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or
successive snowfalls accumulating to a depth of one inch, shall be removed from steps and
walkways within eight hours after cessation of the snowfall.
Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
[Double underlined material is new. Rieke material is deleted.]
Adopted this day of , 2013.
Tim Willson, Mayor
ATTEST:
Sharon Knutson, City Clerk
Attachment III- Council Work Session Memo 02/27/2012
JTr
ORK SESSION
METAF)RANVU7\1
DATE: February-27,.2012
TO.- Curt Boganey, City Manager
FRO XL V idde Schleuning, Assistant City, -Manager Director of BuildiAg,and Community
Standards
SUBJECT: Draft Ordinance for Vehicle, Parking,and Maintenance Requirements
Recommendation:
Please revie-w the following draft ordinance and give feedback to staff.
Back-ground:
In 2005 and 2006 the City Council and the Housing Commission reviewed issues relating to
restricting the number of vehicles at property. An ordinance amendment to chapter 19 was
proposed at the March 27,2006 Council Nleeting. The ordinance amendment was tabled for the
review of other options such as increased enforcement of the current ordinance.
In Nlarch of 2008 code changes were made to chapter 19-1300. These amendments provided for
stronger and clearer language for the enforcement of inoperable vehicles. At the time of this
ordinance change, it-%vas suggested that staff review the impact this code change would have in
improving the appearance and safety of the neighborhood. Then, this information would be used
in order to determine what, if any, additional steps would be suggested in the future to further
improve vehicle related issues. Overall,the ordinance change regarding junk-'inoperable vehicles
has been successful in reducing blight and associated resident concerns. One change included
the ability for the city to remove a junk-'inoperable vehicle and charge the costs back to the
py-QRmity owner. This enforcement tool has been instrumental in achieving compliance, even
though it has rarely,been used to achieve compliance. Administrative penalties have also
improved compliance.
On August 23. 2010 a resident addressed the Council requesting an ordinance to restrict the
number of vehicles allowed to be parked outside at a residential property.
Current Ordinance Summary
A summary-of the current city ordinances in relation to vehicle standards at residential property
is provided below:
• All vehicles stored at a property must be properly licensed and in operable condition.
• All vehicles stored at property must be owned by a resident of the property,with the
exception of temporary guests-
• Vehicles stored in the front yard or side setback(not defined as side yard),must be
located on an approved surface such as gravel, bituminous or concrete-
i WORK SESSION
• Commercial vehicles may not be parked on residential properties except for reasonable
deliveries or service up to 2 hours_
• Vehicles may not be stored on the street overnight between the hours of? am and 6 am,
or for more than 6 continuous hours.
Lased on feedback received from the City.-Council, several ordinance amendments have been
drafted and are attached for consideration.
Summary of Draft Ordinances
.A summary of the requirements of the draft ordinance amendments is as follows:
• All vehicles must be parked on either an impervious surface or a g randfathered gravel
el
parking surface in any sward area- front,back, sides_
• An improved surface and impervious surface is defined
• Grandfathering conditions for existing i;ell- maintained gravel driveways and parking
areas are prescribed..
• Standards for driveway installation and maintenance are established for both improved
and gravel drivev,-ay and parking areas.
• Definitions for front, side and rear}wards at a property are provided.
• Requirements for the amount of improved and impervious surfaces allowed for a single
family-lot (in R-1 and R-2 zones) in front yard and total lot are established.
Cit«vide Sun e4-
In November 2011,city-staff reviewed 2,275 single family- single family attached properties
(approximately 29 percent) randomly-selected throughout the city in order to determine the
impact of the drafted ordinance amendments. The findings of the survey are briefly summarized
below.
• An estimated 33%of properties -would be in violation of the new waste container location
requirement.
• 49%' of the properties surveyed had a drive`rky that was located Nx ithin three feet of the
property.
• 10i of properties surveyed have gravel driveways parking areas that could potentially=be
grandfathered and remain gravel,"while three driveways were dirt.
• 7®a of properties surveyed would be in violation of the drafted parking requirements.
This number is anticipated to be higher since the survey-does not include any vehicles
that were located in the backyard or areas not visible from the street.
Council Goals:
Strategic:
1. We v ill ensure a safe and secure community
2. We N-61-1 stabilize and improve residential neighborhoods
AM)T .I. _ t_,( �1. �i(.'II_ ��+ e?Itl E, 4I(->
Attachments:
attachment I- Draft Ordinance,Amendments
:attachment II- City Survey Results
attachment IIl- Example Photos
Attachment IV- Council Work Session Memo 08/27/2012
AlEAK)RAM)T_INI - t_"(_)T_?N(.'TI- "tVORIL SE'SIt:) 7
DATE: August 27, 2012
TO: Curt Boganey, City--XImager
FRO-NL Vickie Schleuning,assistant City-Manager Director ofBuilding and Community
Standards
SUBJECT: Results of Resident Survey- parking, DrivewaNs, and Waste Containers
Recommendation:
It is recommended that the City Council provide direction to staff regarding the desired
amendments to ordinances pertaining to parking,drive-mays and waste containers.
Background:
On February 27,2012,the City Council revie atd possible ordinance revisions relating to waste
container storage location,vehicle parking requirements, and drivewaty requirements. Based on
City Council discussion,a survey was developed in order to obtain feedback from residents
about neighborhood standards. Information about the survey and the results is provided in order
to consider as part of the greater ordinance amendment process.
Survey
Although the survey is not a scientific survey,it does provide some insight to the views of
residents and property owners. The survey was posted in the Summer 2012 Cite NVatch and was
also available through a link on the City website.Approximately, 12,225 surveys were mailed
primarily to residential households in Brookl�n Center the week of April 13, 2012. Surveys
«•ere collected until Nlky 17,2012.
The results are provided in the Attached Table and represent 333 unique survey responses. Of
these responses, 145 were submitted from the newsletter and 208 were received through the Cite
website link. In addition to the 353 unique survey,responses,the following entries were
excluded from the statistical totals of the survey:
• 59 repeated entries within minutes on the website from the same IP address. This could
have been due to a glitch in the survey monkey system or an intentional action to
manipulate the survey. Regardless,the original survey data from this IP address-%-.-as
included in the statistical anal sis.
• 3S paper copies of the survey with the same results tvere submitted indicating properties
that had parking on grass or other elements related to the survey. The envelope stated
that they were"Drive by Surveys Taken"of properties.
Summary of Survey-Results
The following is a brief summary,of the results of the survey.
• The results indicate that the maiority, 73%.of respondents do not support vehicle parking
on grassy surfaces.
)t' _t_)RK SESSION IEIt IA
• The niaiority, 78%,believe there should be a limitation on the number of vehicles and
non-motorized vehicles that can be stored outside on a residential property-_
• Respondents were nearly split in their-s ews regarding gravel driveways and improved
drive«-aa-surfaces in general.
• Respondents xx ere more in faN or of prohibiting dnN eways abutting property-lines(568,16 to
=422%), and were slightly-in favor of a three foot buffer between side property lines and-
parking surfaces.
• In regards to«-ante container storage,most respondents were nearly-evenly split in their
preference for storage either in a garage enclosure(3?°o)or in the sidecard or back-yard
(37%)1• -Most respondents supported snow removal requirements for both vacant(62%)and
occupied housing(66%)_
Council Goals:
Strategic:
y We N-,U stabilize and improve residential neighborhoods
=l. We trill improve the city's image
Attachments:
Attachment I- Resident Surrey-Results
Attachment Ii- Resident Sur-Vey
Attachment III- Draft Ordinance Amendments
Attachment IV- Council Work Session Memo 02,217 201?