HomeMy WebLinkAbout2009 08-13 PCP PLANNING CONIMIS5ION AGENDA
CITY OF BROOKLYN CENTER
AUGUST 13, 2009
REGULAR SESSION
l. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes June 11, 2009
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. Jim Irwin on Behalf of Barry Minneapolis, LLC 2009-004
Request for Site and Building Plan approval for a 145,317 sq. ft. office building, a 28,255
sq. ft. annex building and a three story covered parking facility on an 8.57 acre site at the
southwest quadrant of Freeway Boulevard and Humboldt Avenue North.
6. Jim Irwin on Behalf of Barry Minneapolis, LLC 2009-005
Request for a Variance from Section 35-412, Subdivision 4, of the Zoning Ordinance
requiring a 15 ft. parking setback and green strip on a portion of the Freeway Boulevard
right-of-way for the development proposed under Application No. 2009-004.
7. Other Business
8. Adjournment
Application Filed on 7-30-09
City Council Action Should Be
Taken By 9-28-09 (60 Days)
Planning Commission Information Sheet
Application No. 2009-004
Applicant: Jim Irwin on Behalf of Barry Minneapolis, LLC I
Location: Southwest Quadrant of Freeway Boulevard and Humboldt Avenue North
Request: Site and Builidng Plan Approval
The applicant, Jim Irwin on behalf of Barry Minneapolis, LLC, is seeking site and building plan
approval for a 145,317 sq. ft. office building, a 28,255 sq. ft. annex building and a three story
enclosed parking facility on an 8.57 acre site located at the southwest corner of Freeway
Boulevard and Humboldt Avenue North to be known as the Minneapolis Professional Office
Building. The property in question is zoned C-2 (Commerce) which allows multi-story office
buildings and accessory uses as permitted uses in this zoning district. The subject site is
surrounded on the north by Freeway Boulevard with I-1, R-5 and C-2 zoned property on the
opposite side of the street; on the east by Humboldt Avenue and T.H. 100 overpass; on the south
by vacant C-2 zoned property and I-94 right-of-way; and on the west by the north/south leg of
James Circle with other C-2 zoned property on the opposite side of the street.
This 8.57 acre parcel is being created by the replatting of the former Days Inn, Cracker Barrell
Restaurant and the Olive Garden Restaurant properties which were acquired by the City of
Brooklyn Center Economic Development Authority in 2006 and 2007. The preliminary plat
(Planning Commission Application No. 2009-001) proposed to create two lots out of these three
properties and was approved by the City Council on January 26, 2009 following public hearing
and recommendation by the Planning Commission. The final plat is yet to be approved by the
City Council and filed with Hennepin County but will need to be prior to the issuance of building
permits for this project. A slight modification of the property lines between the preliminary and
final plats will be made to accomplish the lot configuration for this development.
As mentioned, the Economic Development Authority acquired and cleared the properties in 2006
and 2007 in hopes of attracting a corporate office or major office development. The City and the
Government Services Administration (GSA), the procurement arm of the federal government,
have worked out an agreement for the land and the development of the proposed multi-story
office and accessory buildings planned under this application for use as an FBI field office
facility. The site and building plan comprehends a unique facility with many security and safety
measures designed specifically for its use by the FBI that are not common to other office
developments. Some of these unique features include a 100 ft. stand-off distance building
setback around the entire perimeter of the property; an 8 ft. high anti-climb, anti-ram fence
surrounding the site; security guard booths at entrances to controlled access points along with
8-13-09
Page 1
moveable gates and barriers; and a vehicle inspection area for delivery vehicles prior to entering
the main portion of the site.
ACCESS/PARKING
Access to the site is to be gained from two points. The Primary Site Entrance (PSE) will be from
Freeway Boulevard at the northwesterly part of the site and controlled by a Visitor Screening
Facility (VSF) including a guard house and various detectors, rolling/swinging gates, wedge
barriers and traffic arm barriers. The Secondary Site Entrance (SSE) is off James Circle at the
southwesterly corner of the site containing a guard booth and the same type of security/safety
features as the primary entrance. Also a vehicle inspection area outside the compound but on the
property is located in the same area. This is the point where large delivery and other large
vehicles will access the site.
A visitor parking lot will be located along Freeway Boulevard adjacent to, and east of, the visitor
screening facility and the primary site entrance. This parking facility is separated from the main
portion of the site containing the compound buildings by an 8 ft. high ornamental steel crash
rated anti-ram/anti-climb protective fence that surrounds the perimeter of the site. There are 20
visitor parking spaces in this separate lot. The lot itself is setback approximately 7'h ft. from the
property line/street right-of-way line which is less than the 15 ft. green strip/parking setback
required by Section 35-412, Subdivision 4 of the City's Zoning Ordinance (the subject of the
variance request contained in the companion Application No. 2009-005).
On-site parking will be provided primarily in a three story enclosed parking structure within the
secure compound area which will accommodate 300 parking spaces. Twenty-seven spaces are
shown east of the annex building which houses agency vehicles, warehousing and storage, along
with vehicle service and maintenance. There is some office space in this annex building
associated with these functions. These spaces along with the 20 visitor spaces provide for 347
parking spaces, which are sufficient for the FBI's needs. The City's parking requirement based
on the ordinance parking formula requires 694 total parking spaces utilizing the office parking
formula for a building between 20,000 sq. ft. and 220,000 sq. ft. (144, 317 sq. ft.), 553 spaces,
and the annex building (28,255 sq. ft.), 141 spaces. The applicant has provided as part of their
plan submission a proof of parking plan indicating the ability to provide the required 694 parking
spaces if the FBI were to abandon the use of this building and a general office use were to utilize
the site. It should be noted, that the proof of parking plan eliminates the separated visitor
parking space and the security/safety features and provides then the required 15 ft. green
strip/parking setback.
The plan they provide meets their parking needs and the proof of parking plan satisfies the city
ordinance requirements and, therefore, is acceptable provided a formal proof of parking
agreement is executed between the city and the property owner and is filed with the title to the
property. This should be a condition of the recommended approval of this application.
8-13-09
Page 2
As mentioned previously, the structures to be located on this site will all be located within a
security fenced area located around the perimeter of the property. The office building, which is
to be a five story building, will be located to the north of the site and attached to the three story
covered or enclosed parking structure. Access to the parking structure is gained from the south
side of the building and at the northwest corner of the building. The annex building will be
located parallel to the Humboldt/T. H. 100 overpass easterly of the other two structures. A
parking facility will be located on the east side of this annex building with overhead doors to
allow vehicle access to the building. As mentioned, it will provide a service and maintenance
area along with parking for their vehicles. The annex building is attached to the office building
by a covered walkway. A circular fire truck turn around drive is located to the north of the annex
building. A loading and receiving dock is located between the parking structure and the office
building and a suspect drop off drive and entrance is along the west side of the office building on
ground leveL
GRADING/DRAINAGE/UTII.ITIES
The applicant has submitted preliminary grading, drainage, utility and erosion control plans
which have been reviewed by the Engineering Department. Written comments from the
department are provided and will be attached as part of the record for this application. Driving
and parking areas will be bound by B-612 curb and gutter throughout the site. A city water main
is located along the southerly boundary of the old Days Inn site which will be relocated along the
south property line for the newly configured site. This matter was noted during the preliminary
plat review for the properties and a new drainage and utility easement will need to be provided
for the location of the relocated water main. The site is served by sanitary sewer, water and
storm sewer which are located in right-of-way areas and utility easements around the site. An
infiltration area will be located at the northeast corner of the property with this site draining
primarily to the underground infiltration pond located adjacent to the Regal Theater and to an
existing ponding area to the south and west of the site designed to handle drainage for a number
of properties within the area.
This site is over the threshold for requiring Watershed Management Commission review and
approval which will be required to be obtained prior to the issuance of building permits for the
project.
A traffic impact study has been undertaken for this site development. Although there will be a
reduction in trips generated from the site on a daily basis, there will be an increase in peak hour
trips which will cause some issues at the Shingle Creek Parkway/Freeway Boulevard intersection
as well as at three side streets along Freeway Boulevard between Shingle Creek Parkway and
Dupont Avenue. This most likely will require "optimizing the signal systems" in the area. A
copy of the GSA Site Redevelopment Traffic Study is available should the Commission
members have an interest.
8-13-09
Page 3
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Planning Commission to evaluate such plans. This 8.57 acre site requires a total of 725.6
landscape points. They are credited with providing 846.441andscape points based on the
distribution system contained within the point system policy. They do, however, provide a total
of 1,6471andscape points based on the total landscape package being provided with this plan
submittal. This obviously exceeds the minimum required points and appears to be a well
landscaped site. Boulevard trees are to be provided within the public right of way area along
Freeway Boulevard, which are indicated on the plan to be Sienna Glen Maple trees. Other shade
or deciduous trees to be provided include eight Ironwood trees, six Swamp White Oak, seven
Bur Oak, fifteen Boulevard American Basswood and four Green Spire Linden trees distributed
around the site in various different areas. Coniferous trees include 41 Eastern Red Cedar, eleven
American Larch and 26 Techny Arborvitae again disbursed throughout the site in various
locations. Ornamental trees include one Autumn Brilliance Service Berry and seven Crusader
Hawthorne. Shrubs including Gray Dogwood, Dwarf Bush Honeysuckle, Gro-Low Fragrant
Sumac, Tiger Eye Sumac and Taunton Yew are also provided for in the landscape plan.
Underground irrigation is required in all landscaped areas and various stone surfacing features
are provided throughout the site. A court yard area, for instance, is located in a somewhat
triangular area between the office building, parking structure and annex building for employee
utilization.
All in all the landscaping provided well exceeds the point system utilized for evaluating
landscape plans and appears to be an appropriate decorative feature for this complex.
BUII.DINGS
The applicant has submitted building elevations for the five story office building, the three story
parking structure and the annex building. The main office building exterior will be comprised of
limestone, an architectural precast material, recessed tinted glass, with metal shade structures and
an aesthetic panel wrap. The limestone will be the prominent feature of the building facade. The
parking garage will be constructed from two shades of architectural precast to match the office
building with architectural louvers. The annex building will be constructed from similar
materials and colors as the parking deck. Screen walls of the same materials are provided for the
office and annex buildings to screen roof-top mechanical equipment.
As mentioned, the parking structure will be a three story enclosed building that will be required
to have a fire sprinkling system and the annex building will be an approximately 20 ft. high bay
facility for again servicing vehicles with some associated office area.
The applicant will provide colored renderings at the Planning Commission meeting for review.
LIGHTING/TRASH
The applicant has also submitted a lighting and photometric plan indicating the proposed
8-13-09
Page 4
location on the site for various lights and the foot candles associated with the lighting at the i
perimeter area. The foot candles do not exceed what is authorized under Section 35-712 of the
city ordinance. They utilize a variety of freestanding lights both single head and dual head on
poles that are 25 ft. in height. They also make use of wall mounted lights, flood lights and in
ground up lights at various locations on the site. Security is an obvious concern and areas will be
well lit for this purpose. The schedule of lighting indicates that lights will be full cut off. Our
ordinance requires that all fixtures be shielded and light directed on the site in such a manner as
to avoid glare to abutting properties. The plan seems to comply with our light standards.
No trash enclosure area is shown on the site and it is assumed that trash will be contained within
the building and picked up by vehicles entering the site at the secure secondary site entrance.
RECONIlV�NDATION
We believe the plans are in order and approval is recommended subject to the following
conditions:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review and approval
by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to assure the completion of all site improvements.
4. Any outside trash disposal facilities and roof top or on ground mechanical equipment
shall be appropriately screened from view.
5. The buildings are to be equipped with an automatic fire extinguishing systems to meet
NFPA standards and connected to a central monitoring device in accordance with
Chapter 5 of the city ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to facilitate
site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
8. B-612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as built survey of the property, improvements and utility
service lines prior to release of the performance guarantee.
8-13-09
Page 5
10. All work performed and materials used for construction of utilities shall conform to the
City of Brooklyn Center current Standard Specifications and Details.
11. Appropriate erosion and sediment control devices shall be provided on site during
construction as approved by the City's Engineering Department and applicant shall
obtain an NPDES construction site erosion pernut from the Minnesota Pollution
Control Agency prior to disturbing the site.
12. The final plat comprehended under Planning Commission Application No. 2009-001
shall be given final approval by the City Council and filed with Hennepin County prior
to the issuance of building permits for this project.
13. Plan approval is contingent upon the granting of the variance from the green
strip/parking setback requirements comprehended under Planning Commission
Application No. 2009-005.
14. The owner of the property shall enter into an easement and agreement for maintenance
and inspection of utility and storm drainage systems prior to the issuance of permits.
15. Storm water drainage systems shall be approved by the West Mississippi Watershed
Management Commission prior to the issuance of permits.
16. The owner of the property shall enter a proof of parking agreement to provide up to 694
parking spaces on the site upon a determination by the City, to be constructed within
one year following notification that such parking is needed.
I
8-13-09
Page 6
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Ron Warren
From: Bruce Johnson
Sent: Tuesday, August 11, 2009 8:06 AM
To: Ron Warren; Gary Eitel
Subject: Gsa Site
Ron,
The following are preliminary concept plan review comments. A complete plan review will be performed and comments
provided when the plans are submitted for review. The second submittal was basically the same so all previous
comments stand, I have included two additional comments highlighted in yellow.
Plan comments:
Existing certified survey of site required.
Removal plan required for all items to be removed (e.g. pavement, underground utilities, trees, curb and
gutter, etc.)
All Hyds will have BC Threads (e.g. Mpls threads).
Long hydrant lead by Annex may cause water quality issues ,consider looping main.
Place temporary rock construction entrances at all access points.
Show and place silt fence and/or bioroll around entire perimeter.
SWPPP is not adequate pertaining to temporary sediment/erosion control. Plan must implement temporary
on-site sedimentation basins or equivalent for all site runoff prior to discharging into public storm sewer
system.
Use Mn/Dot standard plates for erosion controL
Show distance from property line to back of curb on south and west line where close.
Remove and replace sidewalk panels that are not in compliance or cause safety issues
Verify if a wall be required between the curb and the city pond off James Circle. Update grading plans to
accurately show the proposed grading in this area.
Grading exceeds property limits on south and southwest corner. Revise grading to limit grading within the
site or you must receive temporary easement from City.
Need existing contours on east side of project to the edge of the roadway at a minimum (must be
surveyed). Proposed grading contours must tie into the existing contours.
Proposed and existing grading contours are difficult to follow pertaining to tie-ins along the north/northeast
of the site along Freeway Blvd. Revise and make clearer.
66-12 curb and gutter required on the entire site.
Move catch basins that fall in pedestrian curb ramps and access points (e.g. on east side of southeast drive
location).
Pedestrian curb ramps must follow Mn/DOT standard plate. Truncated domes shall only be installed where
pedestrian crossing is a public roadway, not at driveway crossings.
Plan indicates approximately 4-ft to 5-ft fill creating a berm on City property south of the site's south
property line. Grades must be revised to tie into existing grades at property line.
Revise and install new gate valve at all connection points to city watermain.
Drainage plan must include drainage boundaries, areas and all hydrology parameters for each drainage
area.
Storm water hydrology and hydrautic calculations required for entire site. Engineer must provide
appropriate calculations showing and verifying that new drainage patterns can be accommodated by the
existing pond and existing storm sewer system.
Calculations must be provided showing that the watershed commissions infiltration standards are met.
Extend sanitary sewer south of the replacement main for future access to the site to the south.
All proposed underground utilities that are within City D&U easement and/or cross over into public r/w
must be shown in profile view (including connections of services). The profiles will be from structure to
structure at a minimum. I
Maintain 18" of vertical separation between sanitary sewer and watermain.
Remove all old sanitary sewer, watermain and storm sewer pipe on the site. Abandoning is not acceptable
unless extenuating circumstances and approved by the City Engineer.
Proposed City watermain location in the southwest corner needs to be revised to a location coincident with
the southwest property lines.
Provide turning movements for all driveway access points and driveway/aisle locations with radii.
Show existing roadway striping on Freeway Blvd on site plan.
There are trees along the east side of your site in Mn/DOT r/w. Removal of these will not be allowed unless
approved as part of the plan.
Curb line of center island on north driveway must be in-line with the existing curb on each side of the
driveway (it appears to be set back several feet to the south).
Indicate and show all radii dimensions (curb radii, centerline radii, etc.).
Show better details in plan view and section view pertaining to driveway removal in NE of site. Roadway
shall be sawcut 2-ft out from existing driveway apron. This roadway was recently reconstructed. Section
must match the existing section. Pavement and base type must match the existing section types. The same
conditions apply to new driveway locations.
Infiltration areas are proposed to be sod? Has engineer done this successfully in other locations?
Show typical cross sections of infiltration areas with elevations, slopes, inlet pipes and elevations, etc.
Show pavement sections for all of the different pavements that will be included.
Grading plans shauld extend east'to the exisYing sidewalk actj:acent to T.Ft:100 includ�ng �Lhe ditch.
�:�Verify that 14� faot drive aisle. meets city e�cte
Other comments:
As-built survey certified by registered surveyor will be required upon completion of the project.
Inspection for the site improvements must be performed by GSA's engineer. GSA'S engineer must certify
(in a final project letter) that the project has been built in conformance with the approved plans and
specifications under his/her direct supervision. The engineer's certification must be included on the as built
plans with the registered surveyors. The engineer and surveyor must be certified in the state of Minnesota.
Copies of permits (approved) must be provided to the City including MPCA NPDES, MPCA (sanitary sewer),
West Mississippi Water Management Commission, Minnesota Department of Health (watermain), Mn/DOT,
Hennepin County and others as required.
A City permit for driveway access along Freeway Boulevard avenue is required.
A Mn/DOT permit is required for work within Mn/DOT right-of-way
Bruce Johnson
Engineering Tech Supervisor
City of erooklyn Center
Telephone: 763-569-3332
Fax: 763-569-3494
Email: biohnsonn« ci.brooklvn-center.mn.us
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A lication Filed on 7-30-09 I
PP
City Council Action Should Be
Taken By 9-28-09 (60 Days)
Planning Commission Information Sheet
Application No. 2009-005
Applicant: Jim Irwin on Behalf of Barry Minneapolis, LLC
Location: Southwest Quadrant of Freeway Boulevard and Humboldt Avenue North
Request: Variance
The applicant, Jim Irwin on behalf of Barry Minneapolis, LLC, is seeking a variance from
Section 35-412, Subdivision 4(Section 35-700 also) of the zoning ordinance requiring a 15 ft.
parking setback and green strip measured from the street right-of-way line to be allowed to have
an approximate 7'/z ft. green strip along a portion of Freeway Boulevard where a 20 stall visitor
parking lot and primary site entrance area will be located.
As noted in the site and building plan review (Planning Commission Application No. 2009-004),
the visitor parking area where the green strip variance is being sought and the primary site
entrance are separated from the office, annex building and parking structure compound by a
security fence and controlled access. A Visitor Screening Facility (VSF) will be operated to
allow acceptable visitors to enter the secure area on the site. This design and security system is a
unique feature specifically for the highly sensitive nature of the proposed FBI use.
The applicant has provided a proof of parking plan showing the elimination of this visitor
parking area and security features should the use of the site convert to typical office occupancy,
not requiring such security measures. Such a conversion and implementation of the proof of
parking plan would allow for a full 15 ft. green strip/parking setback from the Freeway
Boulevard street right-of-way thus eliminating the need for the variance at that time.
The reason for the tight green strip resulting in the variance request is a number of the
requirements for security and safety features unique to this particular proposal. The perimeter
security fence, the site access control, the 100 ft. standoff distance and building setback all make
this a difficult site to layout given the security issues but are accomplished with this design. The
plan itself does offer extraordinary amounts of green space and landscape opportunities,
particularly along Freeway Boulevard that seem to appropriately offset the tight green strip by
the visitor parking area. This parking area does not run the full length of Freeway Boulevard,
which would be common in most office developments if it were not for the security issues.
Variances from the literal provisions of the zoning ordinance can be granted in instances where
the strict enforcement of the provisions would cause undue hardship because of circumstances
unique and distinctive to the individual property under consideration. Attached for the Planning
Commission's review is a copy of Section 35-240, Subdivision 2 of the city's zoning ordinance
containing the standards for variances. It should be noted that all four of the variance standards
must be met in order to grant a variance.
8-13-09
Page 1
It should be further noted that a precedent was set by the City Council in the mid-1990's when
three variances were granted from this section of the ordinance to allow encroachments into the
15 ft. green strip requirements in the area of 69`� and Brooklyn Boulevard. Variances were
granted at the northwest corner of Brooklyn Boulevard and 69 and also at the southwest corner
of 69` and Brooklyn Boulevard for proposals by convenience store/gas stations located in that
area. The variance request was implemented on the southwest corner of the site. The green strip
variance was not implemented at the northwest corner of the site because the proposed
development never went forward. Other green strip variances, or modifications, have been part
of various Planned Unit Development (PUD) proposals in other areas of the city. The Super
America at 57`� and Logan was one, the commercial development including the Culver's
restaurant and Super America at the northeast corner of Brooklyn Boulevard and 69�' Avenue
North was another PUD modification as well as various encroachments that are comprehended
and were allowed for the Luther automobile dealership redevelopments in the area of Brooklyn
Boulevard and Interstate 94.
This situation, although not a PUD, is very similar to those circumstances and the precedent of
granting variances in other circumstances make it quite compelling that this variance should be
granted in this circumstance. As mentioned previously, the proposal and design are unique to
this situation and are not common generally with development within the city. The variance
would not be required if the proof of parking submitted with this application is implemented with
a new user on the site not requiring such security measures so the chances of not needing the
green strip variance in the future are likely. The conditions upon which this variance is based are
unique to this parcel of land specifically because of the security measures being taken in its
design. The hardship of not granting the variance is related to the ordinance requirements and
appears to be offset by the large amount of green space and landscaped areas in the immediate
vicinity of where the variance would be granted. It is also believed that the variance will not be
detrimental to the public welfare or injurious to other land or improvements in the neighborhood
where this development is situated.
For the above stated reasons, it is believed that the standards for variance contained in the zoning
ordinance are met and it should be noted that there is established precedent for the granting of
similar variances in other circumstances within the city. To deny the variance would create a
hardship to the applicant and would create difficulty in developing the property.
A public hearing has been scheduled and notices of the variance request have been sent to
surrounding property owners.
RECOMMENDATION
Based on the precedent established by the granting of similar variance requests and the fact that
it is believed that the standards for variance contained in Section 35-240, Subdivision 2 of the
zoning ordinance are met, it is recommended that the variance under this application be
recommended for approval. A condition that should be attached with this variance is that the
owner of the property shall enter into a proof of parking agreement acknowledging that the total
number of ordinance required parking spaces for this development and the implementation of
8-13-09
Page 2
this proof of parking without the need for the green strip variance given future use of the site as a
non-security office complex.
8-13-09
Page 3
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STANDARDS AND PROCEDURES FOR ZONIlJG ORDINANCE VARIANCES
CITY OF BROOKLYN CENTER
6301 SHINGLE CREEK PARKWAY
Anyone contemplating a request for a variance from the Zoning Ordinance should consult with the Planning staff, prior to
submitting an Application to the Board of Adjustments and Appeals, for the purposes of familiarization with applicable
ordinance standards and evaluation of the particular circumstances.
A prospective applicant will provide documents and information, as requested by the Secretary, to the Board of
Adjustments and Appeals or to the City Council. An application must be submitted fourteen (14) days prior to the
regular meeting of the Board.
In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship
because of circumstances unique and distinctive to an individual property under considera.tion, the City Council will have
the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance,
considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate
cause of the hardship; circumstances caused by the property owner or his predecessor in title will not constitute sufficient
justification to grant a variance.
The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal
provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of
circumstances unique and distinctive to the individual property under consideration. However, the Board will not
recommend and the City Council will in no case permit as a variance any use that is not pemutted under this ordinance in
the district where the affected person's land is located. A varianc� may be granted by the City Council after
demonstration by evidence that all of the following qualifications aze met:
(A) Because of the particular physical surroundings, shape, or topographical conditions of the specific pazcels of
land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if
the strict letter of the regulations were to be carried out.
(B) The conditions upon which the application for a variance is based aze unique to the parcel of land for which
the variance is sought, and are not common, generally, to other property within the same zoning classification.
(C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons
presently or formerly having an interest in the pazcel of land.
(D) The granting of the variance will not be detrimental to the public welfare or injurious to other land or
improvements in the neighborhood in which the parcel of land is located.
The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in
the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of
the Comprehensive Plan and to protect adjacent properties.
Copies of the Zoning Ordinance may be obtained from the Administrative Office.
Questions should be directed to the Community Development Department, at (763) 569-3330.
Standards and Procedures for Zoning Ordinance Variances
Revised 4-01