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HomeMy WebLinkAbout2020 11-12 PCPPLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER VIRTUAL MEETING November 12, 2020 Virtual meeting being conducted by electronic means in accordance with Minnesota Statutes, section 13D.021. Public may access the Webex meeting: Online: logis.webex.com | Meeting Number (Access Code): 133 155 6179 Phone: (312) 535-8110 Regular Meeting 7 PM 1. Call to Order: 7:00 PM 2. Roll Call 3. Approval of Agenda Motion to Approve Planning Commission Meeting Agenda for November 12, 2020 4. Approval of Minutes Motion to Approve the September 10, 2020 Meeting Minutes 5. 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. 6. Planning Items a. Planning Commission Application Nos. 2020-009 (PUBLIC HEARING) Applicant: Doran Cote (on behalf of the City of Brooklyn Center) Project Location: 3515 69th Avenue North (County Identified as “6705 Beard Avenue North) Summary: The Applicant is requesting review of a proposal to subdivide approximately one (1) acre of the Mound Cemetery property, located at 3515 69th Avenue North, for dedication to the City of Brooklyn Center for continued use as Freeway Park. This agreement was reached through mutual consent of the City of Brooklyn Center and Mound Cemetery Association and is subject to a Memorandum of Understanding (MOU). 7. Discussion Items a) City Council Update b) Next Planning Commission Meeting and Planning Commission Updates 8. Other Business None 9. Adjournment PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER VIRTUAL MEETING November 12, 2020 Virtual meeting being conducted by electronic means in accordance with Minnesota Statutes, section 13D.021. Public may access the Webex meeting: Online: logis.webex.com | Meeting Number (Access Code): 133 155 6179 Phone: (312) 535-8110 Work Session Following Adjournment of Regular Session 1. Zoning Code Update (Jane Kansier, Planning Consultant – Bolton & Menk) 2. Adjourn PC Minutes 09-10-20 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SEPTEMBER 10, 2020 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Omari at 7:00 p.m. The meeting was conducted via Webex. 2. ROLL CALL Chair Peter Omari, Commissioners Alexander Koenig, Jack MacMillan, Sizi Goyah, Kellie Hmong (joined at 7:05 p.m.), and Stephanie Jones were present. Commissioner Alfreda Daniels was absent and excused. City Planner and Zoning Administrator Ginny McIntosh was also present. 3. APPROVAL OF AGENDA – SEPTEMBER 10, 2020 There was a motion by Commissioner Koenig, seconded by Commissioner MacMillan, to approve the agenda for the September 10, 2020 meeting as presented. The motion passed 6-0. 4. APPROVAL OF MINUTES – AUGUST 13, 2020 There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to approve the minutes of the August 13, 2020 work session and regular meeting as presented. The motion passed 6-0. 5. CHAIR’S EXPLANATION Chair Omari 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. 6. PLANNING APPLICATION ITEMS 6a) Planning Commission Application No. 2020-008 (Public Hearing) Applicant: Educational Properties II, Inc. Project Location: 6201 and 6225 Noble Avenue North, 4701 63rd Avenue North Summary: The Applicant is requesting review and consideration of requests that would approve the preliminary and final plat for NOMPENG ADDITION. PC Minutes 09-10-20 -2- DRAFT Chapter 35 of City Code of Ordinances dictates that multiple parcels of land which are contiguous, serve a single development, and are under common ownership, be combined into a single parcel. The aforementioned requests would combine two properties to a third property that contains Nompeng Academy. These two properties were acquired in 2019 to offer additional green space. City Planner Ginny McIntosh reviewed a request for consideration of preliminary and final plat approval for Nompeng Addition, which includes properties located at 6201 and 6225 Noble Avenue North, and 4701 63rd Avenue North. She added the property is currently on the market for sale. City Staff published notice of the public hearing in the newspaper on August 27, 2020 and notices were sent to nearby property owners. Ms. McIntosh stated the main portion of the 14.22-acre subject property is the 13.57-acre school property, which is home to an existing 55,000-square foot one-story building. Site plan amendments were approved in 2018, including an extension to the parking lot, addition of a dry pond and bio-filtration basin, gated bus driveway, and other site improvements. Two nearby residential properties on Noble Avenue were acquired in 2019 by Educational Properties II, Inc., and the homes were demolished to create additional green space. The City was recently notified that the subject property was for sale, and City Staff have requested that the property be re- platted to combine the two residential properties with the main school property per Zoning Code requirements. Ms. McIntosh stated the Assistant City Engineer provided a memo with recommendations for conditions for approval, including an amendment to the right of way to match widths of adjacent properties, as well as an easement dedication request from the Public Works Department. She added, in addition, the applicant must provide a working copy of the preliminary plat and other documents. She noted any easement vacations would need to be completed through separate application with the City and approved prior to recording of final plat with Hennepin County. Ms. McIntosh stated City Staff recommends that the Planning Commission recommend City Council approval of the requested preliminary and final plat for Nompeng Addition for the subject property commonly known as 6201 and 6225 Noble Avenue North and 4701 63rd Avenue North, subject to the conditions of approval. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2020-008 There was a motion by Commissioner Koenig, seconded by Commissioner Goyah, to open the public hearing on Application No. 2020-008. The motion passed unanimously. There were no comments. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) PC Minutes 09-10-20 -3- DRAFT There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to close the public hearing on Application No. 2020-008. The motion passed unanimously. Chair Omari called for questions and comments from Commissioners. Commissioner Macmillan asked whether the sale of the property is contingent upon City approvals. Craig Kepler, representing the applicant, stated the property is listed for sale but there is no offer on the property right now. He added the owner is free to sell it, but future use may depend upon the replatting, which will have an impact on the sale in terms of who may be interested in buying the property. He noted the property is a purpose-built school, and the logical buyer would be a school, but any purchaser would want the property to be replatted as a condition of purchase. Chair Omari asked whether the likely purchaser of the property would be a school. Mr. Kepler confirmed that the school building is a substantial structure with a lot of useful life left, and it would be a big investment to repurpose it to some other use. He added the logical use would be a school. Ms. McIntosh stated the subject property is currently zoned R-1 District, which allows for schools and institutional uses by special use, as well as single-family residential, which is a permitted use. She added the existing Zoning Code limits the type of development that can occur in the R-1 District. She noted the new occupant could be a school or church, but it would need to be re-platted for any other use, including single-family residential, which would require Planning Commission and City Council approval. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2020-008 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-008 SUBMITTED BY EDUCATIONAL PROPERTIES II, INC. There was a motion by Commissioner Koenig, seconded by Commissioner MacMillan, to approve Planning Commission RESOLUTION NO. 2020-008 Regarding the Recommended Disposition of Planning Commission Application No. 2020-008 Submitted by Educational Properties II, Inc. Voting in favor: Chair Omari, Commissioners Koenig, MacMillan, Goyah, Hmong, and Jones. And the following voted against the same: None The motion passed 6-0. 7. DISCUSSION ITEMS 7a) CITY COUNCIL UPDATE PC Minutes 09-10-20 -4- DRAFT Ms. McIntosh stated the City Council’s Monday, September 14, 2020 regular meeting will include the 2nd reading of an Ordinance Amendment and public hearing related to a request to re- zone properties along Brooklyn Boulevard for applicant C-Alan Homes. She added the meeting will also include a review of the Jammin’ Wings expansion as proposed by applicant Wayne Brown. Ms. McIntosh stated the City Council and City Staff will be participating in a series of web discussions on “How to be an Anti-Racist”. Ms. McIntosh stated City Staff received information about emergency rental assistance from Hennepin County that is available to residents to help low-income households with current and past costs related to COVID-19. She added resident who need help should apply as soon as possible. 7b) NEXT PLANNING COMMISSION MEETING Ms. McIntosh stated the Planning Commission’s October meeting may include a request to re- plat properties at Mound Cemetery, but this item has not been confirmed yet. She added negotiations have been ongoing between the City and the cemetery regarding the future of Freeway Park. 8. OTHER BUSINESS There were no Other Business items. 9. ADJOURNMENT There was a motion by Commissioner MacMillan, seconded by Commissioner Goyah, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 7:39 p.m. _______________________________ _______________________________ Ginny McIntosh, Secretary Peter Omari, Chair ________________ App. No. 2020-009 PC 11/12/2020 Page 1 Planning Commission Report Meeting Date: November 12, 2020 Application No. 2020-009 Applicant: Doran Cote (on behalf of the City of Brooklyn Center) Location: 3515 69th Avenue North (County Identified as “6705 Beard Avenue North”) Request: Preliminary and Final Plat for Mound Cemetery Second Addition INTRODUCTION Doran Cote, on behalf of the City of Brooklyn Center (“the Applicant”) is requesting review and consideration for approval of the preliminary and final plat for MOUND CEMETERY SECOND ADDITION, which encompasses approximately 15 acres of the property located at 3515 69th Avenue North and identified by Hennepin County as 6705 Beard Avenue North (“the Subject Property”). Refer to Exhibit A. As the request is for a re-plat, a public hearing was published in the Brooklyn Center Sun Post on October 29, 2020, and mail notifications were sent to properties within vicinity of the Subject Property per City Code and State Statute requirements (Exhibit B). COMPREHENSIVE PLAN AND ZONING STANDARDS Map 1. Existing Configuration of Subject Property. • Application Filed: 10/13/2020 • Review Period (60-day) Deadline: 12/12/2020 • Extension Declared: N/A • Extended Review Period Deadline: N/A ________________ App. No. 2020-009 PC 11/12/2020 Page 2 2040 Future Land Use Plan: Parks, Recreation, Open Space Neighborhood: West Palmer Lake Current Zoning: R1 (One Family Residence) District Surrounding Zoning: North: R1 (One Family Residence) District East: R1 (One Family Residence) District South: R1 (One Family Residence) District West: R1 (One Family Residence) District Site Area: 14.8 acres (Proposed Lots 1 and 2) BACKGROUND City Council meeting minutes dated January 5, 1970 indicated at the time that the “City Attorney and the attorney for Mound Cemetery Association had tentatively agreed upon the language of a document through which the City of Brooklyn Center would obtain a 75-year lease of the southern four (4) acres of Mound Cemetery for park purposes at a cost of $15,000.” The Subject Property represents the last parcel to be acquired under the 1966 HUD Open Space Program. A 75-year lease between the City and the Mound Cemetery Association was recorded in January 1970 and outlined a lease expiration of December 31, 2044. Map 2. Freeway Park (Circa 1967) Map 3. Freeway Park (Circa 1971) In December 2013, the Mound Cemetery Association approached City staff with a proposal to vacate the lease and transition Freeway Park back to the cemetery to be used for its original purpose. The Association indicated an emerging interest in natural burials, more families with a desire for upright (vertical) monuments, and a growing religious community whose burial requirements vary from the traditional East-West rotation, as reasons for the request. The City and the Mound Cemetery Association continued to meet and discuss the termination of the lease up until 2018. The City had proposed retaining a portion of the cemetery for park purposes, but the Association initially rejected the proposal, citing the financial impracticality of a smaller cemetery and the need for public utilities and a maintenance facility. After meeting with the Mound Cemetery Association in July 2018, the City agreed to retain the services of a consultant to master plan the future of Freeway Park. In October 2018, the City brought on ISG, a ________________ App. No. 2020-009 PC 11/12/2020 Page 3 landscape architecture firm with a strong reputation in park planning and design and community engagement for the purposes of master planning Freeway Park. On April 15, 2019, City staff and ISG met with the Mound Cemetery Association to discuss the outcome of the park planning process and the recommended option for Freeway Park. In response, the Mound Cemetery Association agreed to donate one (1) acre of the cemetery with some conditions to facilitate the master plan. After additional discussion with the Association, the City drafted a Memorandum of Understanding (MOU) to memorialize the parties’ understanding of the terms of the vacation of the lease and the donation of the land. On January 13, 2020, Doran Cote, Public Works Director, held a work session with the City Council and requested direction to City staff regarding the status of Freeway Park, and overall support for entering into a Memorandum of Understanding (MOU) with the Mound Cemetery Association for a smaller Freeway Park. A City Council Resolution (2020-21) authorizing the execution of a Memorandum of Understanding (MOU) between the City of Brooklyn Center and the Mound Cemetery Association was approved on January 27, 2020. For your reference, a copy of of a Memorandum dated January 13, 2020, copy of City Council Resolution No. 2020-21, and Memorandum outlining the history of the cemetery and Freeway Park (dated December 20, 2019) have been attached as Exhibit C. The Memorandum dated December 20, 2019 contains additional information regarding the neighborhood engagement process to select a preferred master plan layout. “Option 1” was recommended as the preferred option by the Parks and Recreation Board—see below. Image 2. Selected Option 1 Plan for the Freeway Park Master Plan. ________________ App. No. 2020-009 PC 11/12/2020 Page 4 PRELIMINARY AND FINAL PLAT REVIEW Assistant City Engineer Andrew Hogg conducted a review of the application submittal and documentation (Exhibit A). Comments regarding this application can be found in the memorandum to City staff and dated November 6, 2020, attached hereto (Exhibit D). It is noted within the memorandum that new right-of-way or road easement will need to be dedicated to cover missing portions along 67th Avenue North, as identified in the attached plat details, and that existing utility and street easements along the south portion of the Subject Property are to remain in place. The County Engineer may need to review the plat given 69th Avenue North’s former identification as C.S.A.H. (County State Aid Highway) 130. Finally, the Applicant will need to provide an updated certified abstract of title or registered property report to the City Planner and City Attorney for review. APPROVAL CONDITIONS City staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2020-009 for the re-plat of certain property located at 3515 69th Avenue North and County identified as 6705 Beard Avenue North (“the Subject Property”) to MOUND CEMETERY SECOND ADDITION: 1. Approval of the preliminary and final plats for MOUND CEMETERY SECOND ADDITION are contingent upon the addressing of comments by Assistant City Engineer Hogg in his memorandum dated November 6, 2020 and execution of a Memorandum of Understanding (MOU) between the City of Brooklyn Center and Mound Cemetery Association as stipulated under City Council Resolution No. 2020-21. 2. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). 3. Any comments and/or requirements as provided by Hennepin County. 4. Any comments and/or requirements from the City Attorney’s office, and specifically regarding an updated certified abstract of title. 5. The successful recording of said plat (mylar) with Hennepin County. RECOMMENDATION Based on the above-noted findings and conditions, City staff recommends: The Planning Commission recommend City Council approval of the requested preliminary and final plat for MOUND CEMETERY SECOND ADDITION for the Subject Property located at 3515 69th Avenue North and County identified as 6705 Beard Avenue North, subject to the Applicant complying with the Approval Conditions as noted above. Attachments Exhibit A - Planning Commission Application No. 2020-009 Application and Documentation. Exhibit B - Public Hearing Notice, published in the Brooklyn Center Sun Post, and dated October 29, 2020. Exhibit C - Memorandums regarding Mound Cemetery and Freeway Park, dated December 20, 2020, and January 13, 2020, and City Council Resolution No. 2020-21, dated January 27, 2020. Exhibit D - Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated November 6, 2020. 1 0 / 1 3 / 2 0 2 0 2 0 2 0 - 0 0 9 E x h i b i t A Exhibit B Member Graves moved its adoption: introduced the following resolution and RESOLUTION NO.2020-21 RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF BROOKLYN CENTER AND THE MOUND CEMETERY ASSOCIATION OF BROOKLYN CENTER WHEREAS, the city has met with the Mound Cemetery Association to discuss termination of an existing lease on 4.02 acres of Mound Cemetery for the purposes of providing a public park called Freeway Park; and WHEREAS, the city hired a consultant to prepare a Master Plan for Freeway Park; and WHEREAS, the one of the options developed by the city's consultant developed only requires approximately one acre of cemetery property; and WHEREAS, the Mound Cemetery Association has agreed to dedicate approximately one acre of land to the city for park purposes subject to certain conditions; and WHEREAS, the city agreed to draft an MOU memorializing the negotiated agreement between the two parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Memorandum of Understanding between the City of Brooklyn Center and the Mound 'Cemetery Association of Brooklyn Center is hereby approved. The Mayor and City Manager are hereby authorized to execute said lease agreement. 2. All conditions of the Memorandum of Understanding will be carried out by the appropriate party. January 27, 2020 Date ,, ATTEST: I"+,I,ab iku City Clerk Exhibit C RESOLUTION NO.2020-21 The motion for the adoption of the foregoing resolution was duly seconded by member Ryan and upon vote being taken thereon, the following voted in favor thereof: Elliott, Graves, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. MEMORANDUM – COUNCIL WORK SESSION Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust DATE: January 13, 2020 TO: Curt Boganey, City Manager FROM: Doran Cote, Public Works Director SUBJECT: Freeway Park – Mound Cemetery Memorandum of Understanding (MOU) Recommendation: It is recommended that the City Council consider providing direction to staff regarding the status of Freeway Park. Background: The January 5, 1970 City Council meeting minutes indicate that the “City Attorney and the attorney for Mound Cemetery Association had tentatively agreed upon the language of a document through which the City of Brooklyn Center will obtain a 75 year lease of the southern 4 acres of Mound Cemetery for park purposes at a cost of $15,000.00. The subject parcel represents the last parcel to be acquired under the 1966 HUD Open Space Program.” A 75 year lease between the city and the Mound Cemetery Association was recorded in January, 1970. The expiration of the lease is December 31, 2044. In December, 2013, the Mound Cemetery Association approached staff with a proposal to vacate the lease and transition Freeway Park back to the cemetery to be used for its original purposes. The Association indicated an emerging interest in natural burials, more families who desire upright monumentation, and a growing religious community whose burial requirements vary from the traditional East-West rotation. The city and the Mound Cemetery Association continued to meet and discuss the termination of the lease until 2018. The city had proposed retaining a portion of the cemetery for park purposes but the Association rejected the proposal. The Association cited the financial impracticality of a smaller cemetery and the need for public utilities and a maintenance facility. After meeting with the Mound Cemetery Association in July, 2018, the city agreed to retain the services of a consultant to master plan the future of Freeway Park. In October, 2018, the city retained the services of ISG, a landscape architecture firm with a strong reputation for park planning and design and community engagement to prepare a Master Plan for Freeway Park. On April 15, 2019, staff and ISG met with the Mound Cemetery Association to discuss the outcome of the park planning process and the recommended option for Freeway Park. The Association in response agreed to donate an acre of the cemetery with some conditions to facilitate the master plan. After additional discussion with the Association, the city drafted a Memorandum of Understanding (MOU) to memorialize the parties’ understanding of the terms of the vacation of the lease and the donation of the land. Policy Issues: MEMORANDUM – COUNCIL WORK SESSION Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Does the City Council support entering into the MOU with the Association and creating a smaller Freeway Park? Does the City Council desire to let the 1970 lease run until expiration after which there would be no Freeway Park as it exists today? Are there any other conditions the City Council would like to see in the MOU? Strategic Priorities: •Enhanced Community Image M E M O R A N D U M DATE: December 20, 2019 TO: Curt Boganey, City Manager FROM: Doran M. Cote, Public Works Director SUBJECT: Freeway Park – Mound Cemetery Report This Freeway Park – Mound Cemetery Report has been prepared to document the history of the cemetery and the park as well as provide possible direction moving forward. Mound Cemetery History 1862 - 1970 • Mound Cemetery was established as a cemetery in 1862 by farmers and lumbermen who moved to Brooklyn Center and the surrounding area from New England. The earliest grave markers in Mound Cemetery are from 1855. • The original Mound Cemetery was 2 acres in size and had 80 lots with 16 grave sites each. The first addition to Mound Cemetery added 2 acres plus a looping road network and flagpole. The cemetery is now 15 acres in size with a one-way road network. • On May 14, 2012, the Brooklyn Center City Council adopted a proclamation declaring May 28, 2012, as Mound Cemetery Sesquicentennial Day. • Attachment 1 included with this report is a historical perspective of the cemetery from the Mound Cemetery website. Freeway Park 1968 - 2013 • On April 8, 1968, the City of Brooklyn Center initiated condemnation proceedings for the south 4.02 acres of Mound Cemetery for public use for park purposes (Attachment 2). Staff could not find a resolution authorizing the condemnation proceedings, however, the attached Notice of Lis Pendens (lawsuit pending) by the City of Brooklyn Center was recorded against the title of the property. • The January 5, 1970 City Council meeting minutes indicate that the “City Attorney and the attorney for Mound Cemetery Association had tentatively agreed upon the language of a document through which the City of Brooklyn Center will obtain a 75 year lease of the southern 4 acres of Mound Cemetery for park purposes at a cost of $15,000.00. The subject parcel represents the last parcel to be acquired under the 1966 HUD Open Space Program.” Attachment 3 is a copy of the January 5, 1970 minutes. • After discussion among the City Council, a motion was made and seconded authorizing the Mayor and City Manager to execute the above referenced lease. The recorded January 27, 1970 Lease of Cemetery Land is included as Attachment 4. The expiration of the lease is December 31, 2044. • Historic aerial photographs indicate that Freeway Park was developed and in use in 1971 (see below). Freeway Park – Mound Cemetery Current Status 2013 - 2019 • In December, 2013, the Mound Cemetery Association approached staff with a proposal to vacate the lease and transition Freeway Park back to the cemetery to be used for its original purposes. The Association indicated and emerging interest in natural burials, more families who desire upright monumentation, and a growing religious community whose burial requirements vary from the traditional East-West rotation (see Attachment 5). • The city and the Mound Cemetery Association continued to meet and discuss the termination of the lease until 2018. The city had proposed retaining a portion of the cemetery for park purposes but the Association rejected the proposal. The Association cited the financial impracticality of a smaller cemetery and the need for public utilities and a maintenance facility (see Attachment 6). • After meeting with the Mound Cemetery Association in July, 2018, the city agreed to retain the services of a consultant to master plan the future Freeway Park. In October, 2018, the city retained the services of ISG, a landscape architecture firm with a strong reputation for park planning and design and community engagement to prepare a Master Plan for Freeway Park. • ISG’S community engagement efforts included meeting with city staff and the Mound Cemetery Association, neighborhood surveys, post cards, an online survey, an on-site suggestion box and in February, 2019, a Public Open House was held at West Palmer Lake Park Building. The Open House was also the Parks and Recreation Board Meeting. ISG presented 3 Mater Plan Options (Attachment 7). After considerable discussion, the Parks and Recreation Board recommended Option 1 as the preferred option (see below). Circa 1971 Circa 1967 • On April 15, 2019, staff and ISG met with the Mound Cemetery Association to discuss the outcome of the park planning process and the recommended option for Freeway Park. The Association in response agreed to donate an acre of the cemetery with some conditions to facilitate Option 1 of the master plan. Attachment 8 is correspondence between staff and the Association which ultimately resulted in the city drafting a Memorandum of Understanding (MOU) to memorialize the parties’ understanding of the terms of the vacation of the lease and the donation of the land. Memorandum of Understanding Between the City of Brooklyn Center and Mound Cemetery Association • Attachment 9 is the final negotiated MOU between the Association and the city for the termination of the lease and dedication of approximately 1 acre of land for Freeway Park purposes. The text in red in the recitals and conditions were added by the Association and agreed to by staff. The most significant provisions of the final MOU are as follows: a. The formal termination of the lease; b. The city's commitment to rename the park to better reflect the memory and legacy of the families who originally donated the property to the Association, subject to city council approval; c. The city's willingness to pay all costs associated with the closing, including the state deed tax, recording fees, title insurance premiums, if any, and title company closing costs; d. The city's construction of a fence between the new city-owned park property and the cemetery so that park visitors will not disturb the solitude of the cemetery with the Association owning the fence; and e. The city's restoration of the park property being returned to the cemetery with appropriate soils and grass planting, as required in the original lease. REVISED M E M O R A N D U M DATE: November 6, 2020 TO: Ginny McIntosh, City Planner/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Preliminary/Final Plat Site Plat Review – Mound Cemetery Public Works staff reviewed the following documents submitted for review for the proposed Mound Cemetery 2nd Addition plat: Preliminary/Final Plat dated October 27, 2020 Subject to final staff final plat approval, the referenced plans must be revised in accordance with the following comments/revisions. Preliminary Plat/Final 1. Either new right of way or road easement should be dedicated to cover missing area as identified in Detail 2, to allow for the continuing of existing street extension & parking on 67th Ave. 2.The County Engineer may need to review plat as it is along a former C.S.A.H. 69th Avenue is no longer CSAH 130. However the right-of-way is still shown as CSAH in the county records. 3. The utility and street easements on the southern portion of the property shall remain. General Comments 1. An updated certified abstract of title or registered property report must be provided to the City Planner and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of the release of final plat. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Exhibit D Zoning Primer A Brief Introduction to Zoning Work Session PAGE 1 The Comprehensive Plan vs. Zoning While they often go hand in hand, a comprehensive plan and a zoning ordinance are two distinctly separate documents, with different purposes. THE COMPREHENSIVE PLAN A comprehensive plan is a high level planning document intended to guide the future of the City. Comprehensive plans usually ask: where are we and what problems do we face today? Where do we want to go? And, how do we get there? To answer these questions, the plan will often include a vision, goals and policies for the physical development of the City. Comprehensive plans look at all parts of a City, including land use, housing, transportation, parks, natural resources, and utilities and infrastructure. The plan is the guiding document for the City, and decisions made by the City should support the goals and vision outlined in the comprehensive plan. Cities in the seven-county metropolitan area are required to update their Comprehensive Plan every 10 years. The plans must be consistent with the regional system plans developed by the Metropolitan Council. Contents of the plan are also dictated by Minnesota Statutes. THE ZONING ORDINANCE Zoning is a regulatory tool used by the City to implement the vision, goals and policies established by the Comprehensive Plan. Zoning regulates how land is used, and the size and location of buildings on specific parcels of land. By law, the Zoning Ordinance must be consistent with the Comprehensive Plan. Zoning Maps The zoning ordinance uses a map to divide the city into zoning districts that establish similar compatible land uses. By creating zoning districts that separate uses, the city assures that adequate space is provide for each and that transition areas of buffers exist between distinct and incompatible uses. Typical zoning districts include: • Residential (high, medium and low density) • Commercial • Industrial • Open Space • Overlay Districts (Shoreland, Airport, Planned Unit Developments) The Brooklyn Center Zoning Map is shown on the following page. PAGE 2 Source: City of Brooklyn Center PAGE 3 Area Standards To regulate land uses, the zoning ordinance has area standards that regulate the size and location of buildings and structures in the city. “Area standards” are rules that constrain the size and location of building and other structures. These typically include rules about building location and size, including height, width and bulk, the percentage of lot space that may be occupied, and required yards or open spaces. Other standards might be performance standards such as related to density, parking or lighting. Different districts and respective standards are established to help the city regulate land uses to align with the comprehensive plan and in ways that make sense for the type of use. Each zoning district lists out the types of uses allowed within the district: • A permitted use is generally allowed by right, without requiring a public process. Permitted uses typically require administrative review and a building or zoning permit. Generally, permitted uses are also the principal or primary use of the parcel. • An accessory use is an allowed use located on the same lot, subordinate or accessory to permitted use. • A conditional use1 is a use specifically allowed in a zoning district so long as certain standards are met. A use is typically designated as conditional because of hazards 1 The current Brooklyn Center Zoning Code uses the term “special use” rather than conditional use. Illustration of Area Standards Source: online.encodeplus.com PAGE 4 inherent in the use itself or because of special problems its proposed location may present. For example, uses that generate high amounts of traffic or may conflict with permitted uses in the district are often designated as conditional uses. Conditional uses are only allowed after a public hearing and approval of a conditional use permit by either the Planning Commission or City Council. The applicant must meet the general and specific standards set forth in the zoning ordinance, or consent to conditions intended to mitigate any potential impacts. Variances There are times when complying with the zoning regulations creates an “undue hardship” for the property owner. In these cases, variances from the zoning ordinance may be granted from the specific regulations creating the hardship. Variances are typically related to physical standards, such as setbacks, lot widths, or building heights. To determine if an “undue hardship” exists, the Planning Commission and City Council must consider the following three factors: • Can the property be put to a reasonable use without the variance? • Is the property owner’s situation due to unique circumstances that are not caused by the landowner? • Would the variance, if granted, alter the essential character of the property? Variances may not be granted to allow a land use not otherwise permitted in the district. The land use must be a permitted or conditional use within the zoning district. The variance only allows a permitted use to look or function on a site in a way that does not fully comply to current zoning standards. This helps ensure that variances do not alter the character of the property and that the land use will still meet the vision and goals of the zoning district and the comprehensive plan. Other Ordinances/Codes Cities frequently adopt additional ordinances regulating land development. These can be included in the zoning code or adopted as free-standing codes. Examples include subdivision, or platting, codes, sign codes, and architectural or design standards. Regardless of whether these are separate codes or incorporated into a single “land development manual” they all work together. The Impact of Zoning Zoning and other land development codes touch all aspects of the daily life we interact with. They are the mechanism and often the reason behind the built environment. Decisions about everything from installing a fence, to building an addition to opening a business to developing a multifamily building cannot be made without understanding zoning. PAGE 5 Because they are regulatory in nature, zoning and other land development codes are often thought to be restrictive. However, the intent of these regulations is to protect the health, safety and general welfare of the community. One of the original zoning ordinances was the New York State Tenement House Act of 1901, a housing reform law aimed at improving living conditions in New York's tenement buildings. The law set requirements for new buildings to improve light and air quality for residents, including external-facing windows in each room, an open courtyard, improved ventilation, indoor toilets, and better fire safety.2 The positive benefits of these codes include: • Protects and enhances property value. • Conserves existing neighborhoods. • Preserves existing structures. • Prevents the mixing of incompatible land uses. • Provides better lot arrangement, protecting recreational areas and open spaces. • Protects environmentally sensitive areas. • Determines location of utilities. • Restricts height and size of buildings (so everyone gets enough space). • Ensures availability of adequate number of parking spaces. • Guarantees adequate light, air, and privacy to new and existing homes. • Gives community some control over its land uses, appearance, and quality of life. Creating Zoning Ordinances When creating, adopting and amending zoning ordinances, a city is making law by exercising its “legislative” authority, which allows the city council broad discretion. In contrast, when applying the existing laws, a city council is exercising “quasi-judicial” authority. The means the council’s action is limited to determining the facts, and then applying those facts to the relevant law. A city council has less discretion when acting quasi-judicially. The “pyramid of discretion” shown below illustrates how cities have greater discretion when making land use decisions at the base of the triangle, and less as decision-making moves up the pyramid. Discretion is greatest when officials are creating local laws and the least when officials are administering those laws.3 2 American Planning Association Planning History Timeline, https://planning.org/timeline/ 3 League of Minnesota Cities, Planning and Zoning 101 PAGE 6 Pyramid of Discretion4 4 League of Minnesota Cities, Planning and Zoning 101 PAGE 7 References For more detailed information about zoning, below are a list of references. League of Minnesota Cities, Land Use Resources, https://www.lmc.org/page/1/LandUseMaterials.jsp This web page provides links to several different League of Minnesota Cities publications about zoning, comprehensive plans and land use decisions. American Planning Association, https://planning.org This web page includes a variety of information about planning issues American Planning Association, Minnesota Chapter, Citizen Planner Handbook, https://www.planningmn.org/communityplanner The Citizen Planner Manual is designed to give citizen planners a foundation in civic planning and the resources needed to make sound planning decisions. City of Regina Zoning 101, https://www.youtube.com/watch?v=u33B-8x3RPA This is a short (2.5 minutes) video providing a basic primer on zoning.