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HomeMy WebLinkAbout2007 05-17 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MAY 17, 2007 REGULAR SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes April 26, 2007 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. Greg A. Nsleon 2007 -010 Request for a Special Use Permit amendment to expand the Minnesota Martial Arts Academy located at 6840 Shingle Creek Parkway. 6. Other Business 7. Adjournment Application Filed on 5 -3 -07 City Council Action Should Be Taken By 7 -2 -07 (60 Days) Planning Commission Information Sheet Application No. 2007 -010 Applicant: Greg A. Nelson Location: 6840 Shingle Creek Parkway Request: Special Use Permit Amendment The applicant, Greg A. Nelson, is seeking an amendment to the Special Use Permit granted to operate the Minnesota Martial Arts Academy which is an instructional use located at 6840 Shingle Creek Parkway. The purpose of the proposed amendment is to expand the size of the operation by doubling the amount of square footage utilized and to incorporate two other athletic training operations into the site. These include Athletic Performance, Inc. operated by Mr. Scott M. Ramsdell and Coyote Chiropractic operated by Dr. Daniel Piper. The property in question is zoned I -1 (Industrial Park) and is located on the north side of Shingle Creek Parkway, easterly of the city garage and maintenance building. It is bounded on the south by Shingle Creek Parkway with the Metropolitan Council Transit Facility on the opposite side of the street; on the west by the city garage; on the east by another spec office /industrial building. All of these properties are zoned I -1. To the north of the site is 69 Avenue with R -1 zoned property containing single family homes and a portion of Palmer Lake Park on the opposite side of that street. The Martial Arts Academy is regarded as an "instructional use" which is an allowable use in the I -1 zone through the Special Use Permit process. The City Council on March 28, 2005 approved Planning Commission Application No. 2005- 005 which authorized the Minnesota Martial Arts Academy Special Use Permit for an instructional use at the same location. Condition No. 1 of.the approval required any expansion or major alteration to the use to be subject to an amendment to the Special Use Permit. This application is in response to that condition. Mr. Nelson has operated the Minnesota Martial Arts Academy which specializes in instruction in the martial arts and emphasizes physical fitness, self defense and character development for over 14 years in Brooklyn Center. Prior to his location at 6840 Shingle Creek Parkway he operated the same business at the old Northbrook Shopping Center which was acquired by the City and has been demolished pending redevelopment of the site. As mentioned above, the expansion would double the size of the facility from its current 5,230 sq. ft. to 10,460 sq. ft. and would bring in Athletic Performance, Inc. a4d Coyote Chiropractic. Both of these uses can be comprehended under this Special Use Permit in the I -1 zoning district. Page 1 Mr. Nelson has provided a letter outlining the proposed expansion and addressing the standards for Special Use Permits. Mr. Ransdell and Dr. Piper have also submitted written information about their operations and how they believe they will meet the standards for Special Use Permits. The standards for Special Use Permits require that the proposed special use promote and enhance the general public welfare, not be detrimental to or endanger the health, safety and welfare of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic on public streets; and conform with applicable regulations of the district in which it is located. Furthermore, it must be compatible with, complimentary to and of comparable intensity to permitted I -1 uses and not have an adverse impact upon the industrial park or the community. Information has also been submitted by Mr. Nelson regarding existing parking on the site and how the proposed expanded operation will not have a negative impact on this aspect of the use. Currently there are 307 on site parking spaces at 6840 Shingle Creek Parkway. The existing office to industrial use ratio at this building is about seven percent office, 93 percent industrial, which requires 169 parking spaces. Surplus parking exists based on this ratio of office to industrial uses. An approximate 40 percent office /60 percent industrial mix could exist in this complex given the amount of available parking on site. The expanded Martial Arts Academy will not exceed the surplus parking available on the site and can go forward based on parking considerations. It should also be noted that much of the instructional time, athletic training and chiropractic offerings are off peak from the normal business hours for existing tenants on the site. We find no conflict between the applicant's expanded proposal and the standards for Special Use Permits as well as the requirements for compatibility with permitted I -1 uses. Mr. Nelson has also indicated modifications that will need to be made to the building with the expanded operation. These will require the need for a building permit and compliance with applicable building codes. A Certificate of Occupancy will also have to be issued regarding the expanded area. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to surrounding property owners. RECOMMENDATION All in all, it is believed that the standards for Special Use Permits and the special criteria for allowing certain commercial use in the I -1 zoning district are met. It is recommended that the application be approved subject to the following conditions: 1. The amended Special Use Permit is issued to Greg A. Nelson on behalf of Minnesota Martial Arts Academy, Inc. as an instructional use in martial arts, a strength and conditioning operation for training and athletic performance and chiropractic services Page 2 specializing in health, education, injury prevention, personal and public safety. No other use, not comprehended by this application shall be permitted. Any further expansion or major alteration to the use shall be subject to an amendment to this Special Use Permit. 2. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 4. Special Use Permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the city ordinances and the city's sign policy with respect to 69` Avenue North. Page 3 III r11. r r y{ I r Vat a't t� try ii 1� Raw IWO WE wry Jim �a iii r Mae] /111 c::�� �r ii LOGISMap Output Page Page 1 of 1 htt g is. lo org/ LOGIS_ ArcIMS/ ims? Serv'iceName= bc_LOGISMap_OV &ClientVersion... 5/9/2007 May 3, 2007 Minnesota Martial Arts Academy, Inc. 6840 Shingle Creek Parkway, Suite 24 Brooklyn Center, Minnesota, 55430 Ron Warren Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 Dear Ron, Per our discussion regarding expanding our current facility, I am submitting a copy of the new plans of expansion. As we discussed I will sub leasing to Athletic Performance Inc, and Coyote Chiropractic, as well as using approximately 1,500 square feet to expand our current raining area. Regarding the Standards for Special Use Permits I believe all of the above mentioned companies meet the standards set out by the city council. Attached are individual letters dealing with the five (5) areas listed in section 35 -220, under section 2, of Standards for Special Use Permits. Also, I am enclosing information confirming the parking use for this property according to the Landlord, Steiner Development. We have reviewed the current uses at the property and the proportion of office use at the property. Since the building is currently 7% office (7318 sq /ft of 105,430sq /ft of building) the number of stalls required for the building is 36.6 stalls for office and 131.8 stalls for warehouse; I count 307 stalls. All other surrounding businesses are currently day companies, the majority of all of our clientele are evening 5:30pm or later. Also, the businesses on either side of the suites 23, 24, 25, and 26 are not heavy users. Lastly, we have never had a complaint from any business or resident regarding the amount of cars parking or of any traffic issues. Steiner Development has already agreed to the expansion and has submitted the rough plans of construction. Steiner Development will be doing the build out, attached are the proposed changes. Steiner Development will be: 1) Putting an 8' wide x 10' High opening between the two facilities. This opening will be in the rear of the Academy. 2) Installing a 3'x 6'8" solid core door with 10" sidelight and an 18" x 18" window. 3) Constructing two (2) rooms that will be used primarily for changing areas. Steiner Development will obtain all necessary building permits to do the build out. The actual square footage for each area is 5,230 sq /ft., total square footage is 10,460 sq /ft. The Minnesota Martial Arts Academy will be expanding it's training area by 1,500 sq /ft., Athletic Performance Inc. will use the rest of the open warehouse space, and Coyote Chiropractic will be using one of the Office spaces. We have continued to promote and enhance the general public welfare and have not been a detriment to or endangered the health, safety and welfare of the public in any way, shape or form. In fact, the Minnesota Martial Arts Academy continues to bring students from all over the Twin Cities metro area into local Brooklyn Center businesses. Thank You, Iregt&1son—) Xinnesota Martial .arts Acadexv. Inc. 1916 57" Aomam North, Brooklyn Centsr, MN 55430 (763) 560 -56% WWW. MMAA& COMEATZONEXOM Dear Ronald A. Warren, Regarding the Standards for Special Use Permits I believe the Minnesota Martial Arts Academy meets the standards set out by the City Council. Listed on the Special Use Permits Section 35 -220, under section 2, Standards for Special Use Permits there are 5 areas in which the potential tenant must demonstrate specific criteria: a. The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The Minnesota Martial Arts Academy is a school which emphasizes physical fitness, self- defense and character development. As a Martial Arts Academy owner for over 12 years is Brooklyn Center I have always had positive relations with all business and residential neighbors. In fact, the Academy and all of its students have made great efforts to uphold the tenets of the martial arts which include compassion, discipline, honor, humility, and respect. The Academy strives to maintain a very professional appearance, and expects professionalism from all of its' instructors and a high degree of morals from our students. Having a business that is in the business of health, personal safety, the development of character will only help add a positive image to the warehouse. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity or the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. As a professional martial arts school it is necessary to uphold a professional appearance, inside and outside of the Academy. It is a fact that the majority of potential students are concerned with the appearance of a prospective school. With this in mind it is absolutely necessary to uphold a professional standard in and around the Martial Arts Academy and this only help the value 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. The activities of the Martial Arts Academy will be inside the building just as with all of the tenants of the building. With all classes inside, the Academy will no different than the other businesses in the warehouse facility. However, our hours of operation are primarily in the evening after the other tenants are gone. The Academy should in no way impede the normal and orderly development of the current tenants or neighborhood and will bring more positive interest to the warehouses and area in general. 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. The Minnesota Martial Arts Academy is currently located in a small shopping center called North Brook Plaza. We have never had any problems with congesting the public streets or cause any problems within the parking lot. The Academy's class schedule is designed to allow only a specific number of students to come at any one time. This is done to ensure that class sizes are not too large. Having this type of schedule minimizes congestion, inside and outside the Academy. The property has adequate ingress and egress already on site. e. The special use shall, in all other respects, conform to the applicable regulations of the district'in which it is located. The function of our Academy, Martial Arts instruction, is a permitted fimction with regards to the Special Use Permit and we will comply with all city regulations. We have been operating within the Brooklyn Center limits for over 12 years and would like to stay in Brooklyn Center. S'ncere y G n O r and Academy Director A JV.2g5- iecF-6 Athletic Performance Inc. P.O. Box 431071, Brooklyn Park MN. 55443 (612) 741 -0431 www.athleticperformanceinc.biz Dear Ronald A. Warren, Regarding the Standards for Special Use Permits, I believe Athletic Performance Inc. meets the standards set out by the City Council. Listed on the Special Use Permits- Section 35 -220, under section 2, Standards for Special Use Permits there are five areas in which the potential tenant must demonstrate specific criteria: a. The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Athletic Performance Inc. is a strength and conditioning business which emphasizes physical fitness, personal growth and character. As the President of Athletic Performance Inc. for the past four years, 1 have continuously strived to encourage and maintain positive relations with all members of the businesses and residential community. I and the athletes that have trained with Athletic Performance Inc. have made great efforts to uphold a healthy sense of competition and good sportsmanship through athletic events. Athletic Performance Inc. strives to maintain a professional appearance and expects professionalism from all of its representatives and athletes. Both 1 and one of the other owners of Athletic Performance Inc. are full -time police officers and are thereby held to a high level of morality and professionalism at all times. This high level of morality and professionalism will be brought to the Brooklyn Center location. Having a tenant that is in the business offitness and personal growth will only help to add a positive image to the warehouse location. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity or purposes already permitted, nor substantially diminish and impair property values within the neighborhood. As a professional strength and conditioning business, it is necessary to uphold a professional appearance at all times. The majority of the athletes that train with Athletic Performance Inc., are up and coming high school athletes looking for a future in athletics. The majority of the athletes are striving to become collegiate level athletes and are therefore compelled to be professional at all times for theirfuture could be dependant on it. Couple this level ofprofessionalism displayed by the athletes with the level ofprofessionalism displayed by Athletic Performance Inc. representatives and you have a tenant that will only help to uphold the value of 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. The activities of the Athletic Performance Inc. shall take place inside the business itselfjust as the other tenants in the building. The hours of operation are primarily in the late afternoon and evening once the other tenants are gone. Athletic Performance Inc. should in no way impede the normal and orderly development of the current tenants or neighborhood and will bring a positive interest to the warehouses and area in general. 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. The way that classes are scheduled at Athletic Performance Inc., allows for no more that twelve to fifteen athletes to be inside the business at any one time. Due to the fact that the majority of the athletes are high school aged, and the fact that the classes are conducted in small group settings, the athletes will predominately by arriving at the business via carpools. These small class sues, coupled with the carpooling will not have a major impact on parking and will minimize vehicle traffic to and from the business. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The function of Athletic Performance Inc. is a permitted function with regards to the Special Use Permit and we will comply with all city regulations. Sincerely, -ftott M. Il;�insdell President, Athletic Performance Inc. (612) 741 -0431 e coyote CHIROPRACTIC Daniel Piper, NSCA -CPT, CSCS, DC* 4124 Quebec Ave North Suite 201 New Hope, MN 55427 612 804 -2461 doctordanp@hotmail.com May 2nd 2007 Ronald A Warren, Regarding the Standards for Special Use Permits, I believe that Coyote Chiropractic meets the Standards set out by the city of Brooklyn Center City Council. Listed on the Special Use Permits section 35 -220, under section 2, Standards for Special use Permits there are 5 areas in which the potential tenant must demonstrate specific criteria: [a] The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health safety, morals or comfort. Coyote Chiropractic's mission statement is; To improve the health and fitness of individuals, families and communities through exercise, nutrition, chiropractic and health education. As the owner of a professional business for 12 years, I have always had good relationship with the city, community and business and residential neighbors. Coyote Chiropractic always strives to maintain a professional appearance and the expectation of professionalism from all if it's clients and patients. Coyote Chiropractic is in the business of health, education, injury prevention, personal and public safety and will only serve to continue to increase the professional image of the warehouse and it's business neighbors. [b] The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity or the purposes already permitted, nor substantially diminish or impair property values within the neighborhood. Coyote Chiropractic as professional business it is necessary to uphold a professional appearance inside the rented space and outside of the building. The health and safety of all our patients and clients is our number one priority. With this in mind, it is always necessary to uphold and maintain a professional standard in and around Coyote Chiropractic, API and Minnesota Martial Arts Academy and the surrounding 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. All activities of Coyote Chiropractic will be maintained within the building just as most tenants. Coyote Chiropractic should in no way impede the normal and orderly development of the current tenants or the neighborhood and will bring more positive interest to the warehouses and the area. Certified Personal Trainer, National Strength and Conditioning Association; Certified Strength and Conditioning Specialist, NSCA; Doctor of Chiropractic; Director of Operations, Athletic Performance Inc. e coyote CHIROPRACTIC Daniel Piper, NSCA -CPT, CSCS, DC* [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. For the past 8 years Coyote Chiropractic has been located in a relatively small professional building with limited parking and near a busy, high traffic intersection with no concerns or problems. The nature of our business is that clients /patients arrive one at a time or in small groups and in no way would interfere with traffic or parking. [e] The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Coyote Chiropractic functions as a professional business focusing on personal health and safety and education and therefore is a permitted function with regards to the Special use Permit and we will comply with all city regulations. Daniel Piper, NSCA -CPT, CS DC Certified Personal Trainer, National Strength and Conditioning Association; Certified Strength and Conditioning Specialist, NSCA; Doctor of Chiropractic; Director of Operations, Athletic Performance Inc. 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