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HomeMy WebLinkAbout2006 09-28 PCP '(O • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 28, 2006 STUDY SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes - August 17, 2006 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. HARVESTIME GLOBAL MINISTRY 2006 -011 • Request for a special use permit for a church use in an I -1 zone at 6820 Shingle Creek Parkway. 6. Other Business 7. Adjournment • W Application Filed on 9 -14 -06 • City Council Action Should Be Taken By 11 -13 -06 (60 Days) Planning Commission Information Sheet Application No. 2006 -011 Applicant: Harvestime Global Ministry Location: 6820 Shingle Creek Pkwy Request: Special Use Permit The applicant, Pastor David Bruno Nthite on behalf of Harvestime Global Ministries, is seeking a special use permit for a church use in a 5,411 sq. ft. tenant space in the northwest corner of the building at 6820 Shingle Creek Parkway. The property in question is zoned I -1 (Industrial Park) and is located on the north side of Shingle Creek Parkway in a speculative office /industrial building westerly of the Medtronic buildings. It is bounded on the south by Shingle Creek Parkway with an industrial building and the Metropolitan Council Transit Facility on the opposite side of the street; on the west by another office /industrial building; and the Medtronic facilities to the east. 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 on the opposite side of that street. The proposed Harvestime Ministries Church is a permitted use in the C -1 and C -2 zoning districts. Under the category of "places of religious assembly such as chapels, churches, temples, mosques and synagogues ". This category of use is an allowable use in the I -1 zone through the • special use permit process, pursuant to Section 35 -330, Subdivision 3c of the zoning ordinance. This section allows limited commercial and service and office uses such as proposed to be located in the I -1 zoning district provided the use can meet the general standards for special use permits contained in Section 35 -220 of the zoning ordinance and the special criteria outlined in Section 35 -330, Subdivision 3e (copies attached). The applicant's plan is to provide a 180 seat capacity assembly area, three offices, a youth room, a fellowship area and restrooms in the 5,411 sq. ft. tenant space. The applicant has submitted information relating to their operation and how they believe their proposed use meets the standards for special use permits. Lisa Diehl of Steiner Development, owner of the building, has provided a survey of the property, a site plan, and a floor plan along with a parking analysis and other information. Harvestime Global Ministries plans to provide worship, prayer, marriage, crusades, baptisms and counseling services at this location. Worship services will be on Sundays at 8:00 a.m., 10:30 a.m. and 7:00 p.m. with Sunday School service being provided at the morning worship services. Wednesday evenings will be devoted to prayer services and advanced school ministries. On Thursdays they will have pastoral counseling including family, individual and marital counseling. On Fridays their plan is to have prayer vigil- evening worship service and on Saturday their school of ministries will be conducted. They indicate that the times of these services will not interfere with adjacent users, it will generally be a quiet and clean use with no hazardous materials and not be a distraction to neighboring businesses. They point out that it will generally operate at off peak hours with respect to other uses in the building. • 9 -28 -06 Page 1 The standards for special use permits require that the proposed special use promote and enhance • the general public welfare and 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 property; be designed so as to minimize traffic congestion on the 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. The site currently contains 337 parking spaces of which seven are handicap. Harvestime Global Ministries will occupy 5,411 sq. ft. of the 146,870 sq. ft. building. There is 24,233 sq. ft. of office space in the building requiring 121 parking spaces. The balance of the building requires 152 parking spaces. There are 63 surplus spaces on site. Based on the floor plan, there will be seating for 186 in the assembly area requiring 62 parking spaces. The additional parking for the church use can be accommodated on the site without negatively impacting other tenants in the building. Furthermore, much of the church use time is off peak from the normal business hours for the existing tenants on the site. It is not anticipated that problems associated with this church will exist. It might seem that a church use may not be an appropriate use with industrial uses. It should be pointed out, however, that there have been two churches located in the I -1 zone over the years. Spiritual Life Church got its start in Brooklyn Center in the industrial building at the northeast corner of Freeway Boulevard and Shingle Creek Parkway. The Hindu Temple on Freeway Boulevard is also located in the I -1 zone. There certainly is precedent for churches in the industrial park and it has not been shown that they are incompatible with the allowable uses in this zoning district. It has been pointed out to the applicant that "adult uses" are permitted uses in the industrial park zone provided they can meet parking and building code requirements. They are allowed in this zone by right and could potentially be allowed within the building that the church is proposing to occupy. Such a use might be considered incompatible with the church use proposed; however, adult uses are not required to meet the compatibility standard required of this use. It would not be sufficient justification to disallow an adult use because the church use has been located in this facility if all other factors are met by a proposed adult use. Again, this has been pointed out to the applicant and they are aware of this potential. 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 permit and the special criteria for allowing certain non - industrial uses in the I -1 zoning district are met. It is recommended that the application be approved subject to the following conditions: 9 -28 -06 • Page 2 1. The special use permit is issued for a place of religious assembly and associated uses . at this location. No other uses, not comprehended by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. 2. This 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 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. . 9 -28 -06 Page 3 • :_ ► 1 NTH. AVE. N. R5 fC p •Y HUMBOLD FucE 8 H pc 1 �, L — • e rr S1ITtON y BTTH. X-E. N. n f l - P U D/I 1 Plann z ((( =��` =_`•` ing Commission U D App No. 2006 -011 _ R5o CA FREEWAY BLVD- A I m 1'ww'',, 9 .. N. :.i::::� tz ..rte.' ?•:7s :'.:r'.:' MCI.NFLT !YC2 L ?^ . 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The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes" already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a pr ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. S�G-n 3 d. Accessory off -site parking not located on the same property with the principal use, subject to the provisions of Section 35 -701. e. Those commercial developments which, in each specific case, are demonstrated to the City Council to be: 1) Compatible with existing adjacent land uses as well as with those uses permitted in the I -1 district generally. 2) Complementary to existing adjacent land uses as well as to those uses permitted in the I -1 district generally. 3) Of comparable intensity to permitted I -1 district land uses with respect to activity levels. 4) Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park or the community. and, which are described in Section 35 -322, Subsection 1 d, e (subparts 1 -6), f, (subparts 2 and 3), g through j; 3 m and 3 p. Such commercial developments shall be subject to 1 -1 district requirements of Section 35 -400 and 35 -413 and shall otherwise be subject to the ordinance requirements of the use classification which the proposed development represents. g. Warehousing and storage uses which, in each specific case, are demonstrated to the City Council to be: 1) Compatible with existing adjacent land uses as well as with those uses permitted in the I -1 district generally. 2) Of comparable intensity to permitted I -1 district land uses with respect to activity levels. provided such uses shall adhere to applicable requirements in the I -1 district and shall not involve maintenance or servicing of vehicles on the site. h. Other noncommercial uses required for the public welfare as determined by the Council, including accessory outside storage of materials when screened from public view by an opaque wall. City ofBrookl) Center 35 -42 December 3, 2005 We are Harvestime Global Ministries, under the direction of Sr. Pastor, Apostle David Bruno Nthite. Harvestime is an open place for anyone who loves God. We are a spiritual family large in number, yet warm and friendly. With a variety of worship, growth, and serving opportunities, our mission is threefold. To invite people to share their faith and joy in Jesus Christ, to disciple people in their Christian journey and to help heal them from their hurts and deliver people from their bondages. Harvestime Global Ministries is a good place to grow spiritually. It's a good place to give and receive God's love. It's a good place for you. Vision • To preach the Gospel to the poor, proclaim freedom for the prisoners and recovery of sight for the blind, to release the oppressed, (Luke 4:18) Standards For Special Use Permit • The purpose for which the facility will be occupied will include such activities as: Worship; Prayer; Marriage; Crusades; Baptism and Counseling Services. a.) The establishment, maintenance and operation will be an enhancement to the general public welfare by: preaching, counseling, and maintaining family values and cohesiveness while working in conjunction with the community through outreach programs and Faith Based Initiatives. Instructional: Two Morning Services 8:00 A.M. Worship Service 10:30 A.M. Worship Service 7:00 P.M. Worship Service There will be two morning services to accommodate our congregation overflow. Sunday School Service will run Sunday School Service will run simoneoustly with the morning worship services while promoting our youth in moral and civic engagements These services are inclusive of moral and civic dedication to improving the quality of our youth in the community through religious education and programs open to the public. b). Time of Space /facility usage Our weekly service will include the following services: Wednesday- P.M. Prayer Services Advance School of Ministries Thursday — Pastoral counseling to include Family, Individual and Martial Counseling Friday — Prayer Vigil — Evening Worship Service Saturday — School of Ministries c). The establishment of the special use will not impede the normal and orderly development by: Harvestime Global Ministry Use /Cotenancy - Quiet Enjoyment - Times of Services will not interfere with the adjacent users • - Clean Use - No hazardous materials - Not a distraction to neighboring businesses d). Detail Parking analysis to be provided in plan attached. e). I2 Zoning- Harvestime Global Ministries applying for a special use permit Steiner - f Development, Inc. 3610 County Road 101 Wayzata, MN 55391 (952)473 -5650 Fax (952473-7058 August 16, 2006 VIA FACSIMILE (763) 569 -3494 Mr. Ronald A. Warren Planning & Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Harvestime Global Ministries 6820 Shingle Creek Commerce Center Brooklyn Center, Minnesota Dear Ron: Dan Terry with CB Richard Ellis has requested I forward you the following information for his client, Harvestime Global Ministries. The client is aware they will be required to file for a Conditional Use Permit in order to lease space in our 6820 Shingle Creek Commerce Center building. 1. Site Plan: Plan attached. 2. Parking Stalls: 337 total parking spaces (330 Regular & 7 Handicap) 3. Tenant Square Footage: Approximately 5,411 sf or 3.68% of building. Located on the northwest corner of the building. 4. Total Building Square Footage: 146,870 sf (24,233 sf Office, 122,017 sf Industrial, Mechanical Room 620 sf) Please do not hesitate to contact me should you require any additional information. Thank you for considering the request by Harvestime Global Ministries. Sincerely, STEINER DEVELOPMENT, INC. Lisa L. Diehl, CCIM, CPM Director Business Development cc. Joe Smith, Steiner Development, Inc. 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