HomeMy WebLinkAbout2005 03-10 PCP • PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
March 10, 2005
STUDY SESSION
1. Call to Order: 7:30 p.m.
2. Administer Oath of Office, Sean Rahn
3. Roll Call
4. Approval of Minutes - February 17, 2005
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. Greg A. Nelson 2005 -005
Request for Special Use Permit for an instructinoal use in the I -1 (Industrial Park)
zoning district.
7. Other Business
8. Adjournment
•
Application Filed on 2 -16 -05
• City Council Action Should Be
Taken By 4 -17 -05 (60 Days)
Planning Commission Information Sheet
Application No. 2005 -005
Applicant: Greg A. Nelson
Location: 6840 Shingle Creek Pkwy
Request: Special Use Permit
The applicant, Greg A. Nelson, is seeking a special use permit to operate the Minnesota Martial
Arts Academy in an approximate 5,300 sq. ft. tenant space at 6840 Shingle Creek Parkway. 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 the street.
The Martial Arts Academy is regarded as an "instructional use" which is a special use in the C -1
(Service /Office) zone and a permitted use in the C -2 (Commerce) zone. It is an allowable use in
the I -1 zone through the special use permit process.
• The applicant has operated his Martial Arts Academy for over 12 years at the Hmong America
Shopping Center, 1910 57 Avenue North. The City is in the process of acquiring this shopping
center for redevelopment purposes, thus Mr. Nelson is required to relocate. He desires to stay in
the general area as he has built a client base and has found the location at 6840 Shingle Creek
Parkway to be acceptable. He is seeking this special use permit pursuant to Section 35 -330,
Subdivision 3e of the zoning ordinance, which allows limited commercial development such as
instructional uses 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 and the special criteria outlined in
Section 35 -330, Subdivision 3e.
The applicant has submitted written information including a letter (attached) explaining his
operation and how he believes it meets the standards for special use permits. He points out that
the Minnesota Martial Arts Academy emphasizes physical fitness, self defense and character
development at the same time as upholding the tenets of the martial arts including compassion,
discipline, honor, humility and respect.
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
3 -3 -OS
Page 1
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.
Information has also been submitted regarding existing parking on the site and how the proposed
Martial Arts Academy will not have a negative impact on this aspect of the use. Currently there
are 307 on site parking spaces. The existing office to industrial uses at 6840 Shingle Creek
Parkway is about 7 percent office, 93 percent industrial which requires 169 parking spaces.
Surplus parking exists based on this ratio of office to industrial uses. In fact, an approximate 40
percent office /60 percent industrial mix could exist given the amount of available on site parking.
It is anticipated that the Martial Arts Academy would require approximately 26 parking spaces
for its given use. The building owner allocates approximately 14.4 spaces per tenant. The
additional parking for the Martial Arts Academy can be accommodated with out negatively
impacting other tenants in the building. Furthermore, much of the instructional 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 instructional use will exist.
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 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 special use permit is issued to Greg A. Nelson on behalf of Minnesota Martial
Arts Academy, Inc. as an instructional use in martial arts. No other use, not
comprehended by this application shall be permitted. Any 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.
3 -3 -OS
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5ccr�o,J 35 33
3 Special Uses,
aneces incident to a principal use
a. Foundries, provided that the foundry operation isrY
permitted in the I -1 district. '
ti
b. Textile mills•
sales of ducts manufactured, processed, warehoused, or wholesaled on the
c. Retail products
use site.
not located on the same property with the p al 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:
Compatible with existing adjacent land uses as well as with those uses
1. p
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.
arable intensity to permitted I -1 district land uses with respect to
3 Of c omparable
activity levels.
planned and designed to assure that generated traffic will be a u �
4. the
. of available public facilities and will not have an vets P
industrial park or the community.
arts 1-6) f, (subparts 2
and, which are described in Section 35- 3 commee r al deve developments shall be subject to I -1
and 3), g through j; 3 m and 3 p. Such
'ct re uirements of Section 35-400 and 35-413 and shall otherwise be subject to the
distn q seddevelopmentrepresents
ordinance requirements of the use classification which the propo
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.
City of Brooklyn Center
35-40 City Ordinance
;WInnesota Martial ,Arts Academv. Inc.
1916 57"`. Aoenue North, Srook"n Center, MN 55430 (763) 560 -56%
. wA►(a)COYBA ZONE.COY
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 speck 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 shad, 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 function 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.
Sincere y
Gr g son
O er and Academy Director
City of Brooklyn Center J
Special Use Permits - Section 35 -220
2. Standards for Special Use Permits
A special use permit may be granted by the City Council after demonstration by evidence that all of the
following are met:
a. The establishment, maintenance or operation of the special use will promote and enhance the general
public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort
b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity
for the purposes already permitted, nor substantially diminish and impair property values within the
neighborhood.
c. The establishment of the special use will not impede the normal and orderly development and improvement
of surrounding property for uses permitted in the district
d. Adequate measures have been or will be taken to provide ingress, egress .and parking so designed as to
minimize traffic congestion in the public streets.
e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it
is located.
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 prior 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
•
• KayHarris Real Estate Consultants, 7813 Victoria Circle, Suite 200, Minneapolis, Minnesota 55426
Telephone: 952.915.4444 Fax: 952.926.9899 Email: kayharris@mn.rrcom Email: martyharris @mn.rr.com www.keyhorrisre.com
Gl� February 10, 2005
arms 6840 Shingle Creek Parkway
Ron Warren
Planning and Zoning Specialist
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center MN 55430
Dear Ron:
Per our discussion yesterday, enclosing information confirming the parking use for this
property according to the Landlord, Steiner Development.
In preparation for your discussion of this special use permit at the upcoming Planning
Commission meeting February 17, 2005, we have reviewed the current uses at the property
and the proportion of office use at the property. I have enclosed Joe Smith's calculations.
Joe is Vice President at Steiner Development. Since the building is currently 7% office
(73 18 square feet o €105,430 square foot building,) the number of stalls required for the
building is 36.6 stalls for the office and 131.8 stalls for warehouse; I count 307 stalls.
• Also, as we mentioned, the businesses immediately around suites 24 and 25 are not heavy
users.
According to your stipulations for a commercial use, approximately 29 stalls, the allotted
parking (per Landlord) of 14.4 stalls is approximately 15 stalls short. We are showing here
that those additional 15 stalls can be achieved on the site without disturbing other tenants'
use, if we move to those stalls closest to Shingle Creek Parkway.
I will recommend Greg Nelson show the approximate finish of the space, which will
include locker rooms, showers, and an additional restroom, as well as a vestibule into the
office area. Greg is aware these improvements will require permitting.
Thanks for your help on this and let us know if you need additional information.
Best Wishes,
Kay C
Princ pal
E cl sure (1)
CC. Greg Nelson, Minnesota Martial Arts Academy
Joe Smith, Steiner Development
C om m er
Commercial - Investment
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