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HomeMy WebLinkAbout2011 03-31 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MARCH 31, 2011 STUDY SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes — March 17, 2011 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. Jon Van Eyll 2011 -007 Planned Unit Development approval and Special Use Permit (Master Special Use Permit) approval to allow educational and religious uses in the PUD /I -1 zoning district, along with a child daycare operation in conjunction with an educational use. 6. Loren Van Der Slik 2011 -004 [TABLED from the March 17, 2011 Regular Meeting] Preliminary Plat Approval of Shingle Creek Crossing, the replat of Brookdale properties into four lots and two outlots to facilitate Phase I of the Shingle Creek Crossing PUD. *Application Withdrawn* 7. Discussion Items Continued review of Council Goals and the 2010 Planning Commission agendas in preparation for the April 6 th Joint Council /Commission meeting. 8. Other Business 9. Adjournment I Application Filed on 03 -01 -11 City Council Action Should Be Taken By 04 -30 -11 (60 Days) Planning Commission Information Sheet Application No. 2011 -007 Applicant: Jon Van Eyll, Wirth Companies Location: 6850, 6860, 6870 Shingle Creek Pkwy, Palmer Lake Plaza Building Request: Amendment to a Planned Unit Development and Master Special Use Permit — to allow Educational Uses and Religious Uses /Churches within a PUD /I -1 (Planned Unit Development/Industrial Park) Zoning District INTRODUCTION The applicant, Jon Van Eyll of Wirth Companies and on behalf of Palmer Lake Plaza, is requesting a Planned Unit Development Amendment, along with a Master Special Use Permit to allow for educational and religious uses within the office portion of said Palmer Lake Plaza (Office /Service portions only), plus a child day care facility operated in conjunction with an approved educational use. The subject property is located at 6850 -6870 Shingle Creek Parkway. The applicant has provided the attached floor plans illustrating the proposed areas to be dedicated for specific uses. At this time, only one educational space area is offering a fenced -in play area to be used for a future child care facility. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to surrounding property owners. BACKGROUND A review of the zoning history of this property indicates the following: The Palmer Lake Plaza was constructed in 1978 as a mixed use multi -tenant facility consisting of approximately 139,000 sq. ft. including the following: 52,000 sq. ft. office area 39,000 sq. ft. warehouse area 48,000 sq. ft. service center area The project was initially developed with a main parking area consisting of 281 stalls on the west side of the lot and 50 parking stalls on the east side for a total of 331 stalls. In 1986, an amendment to the site plan was approved which replaced the front row of parking stalls on the west side of the building with a landscaped berm to screen the service area of the west side of the building. The plan reduced the parking to 307 improved stalls and involved a restrictive covenant on the proof of parking plan. 03 -31 -11 Page 1 In 2003, the 11.14 acre Shingle Creek Plaza property, a vacant 2.36 acre lot adjoining to the west, and excess vacated R.O.W. from 69 Avenue realignment were replatted in Wirth Addition: Lot 1, Block 1, 9.8 acre Palmer Lake Plaza (6850, 60, 70 Shingle Creek Pkwy) Lot 2, Block 1, 4.18 acre Holiday Stationstores, Inc. (6890 Shingle Creek Pkwy) On August 13, 2003, the Planning Commission approved Resolution No. 2003 -01 which recommended approval of the rezoning of Lots 1 and 2, Block 1, Wirth Addition from I -1 (Industrial Park) to PUD /I -1 (Planned Unit Development/Industrial Park). This recommendation facilitated the development plans for a 43,761 sq. ft. Holiday Stationstore Commissary building on Lot 2, Block 1, Wirth Addition and parking lot modifications (addition of 50 parking stalls) to the Shingle Creek Plaza facility on Lot 1, Block 1, Wirth Addition. On August 25, 2003, the City Council adopted Resolution No. 2003 -124 accepting the Planning Commission recommendations. On January 14, 2010, the Planning Commission approved Planning Commission Application No. 2010 -001 which recommended approval of the request by Alleluia Sanctuary Church to occupy a tenant space (Suite B 115 of Palmer Lake Plaza). This existing church space is noted on the attached floor plans. Subsequent to that action, on January 25, 2010 the City Council approved the Special Use Permit with conditions. In the 2010 Special Use Permit application, the property management firm indicated to city planning staff that a significant portion (over 80 percent) of the 48,000 sq. ft. office /service center is being leased to non - industrial uses (Brown Institute and the Brooklyn Center Area Learning Center). The consensus of property management was that there was sufficient/excess parking on site and that the approved church was very compatible with the current and future use of this portion of the building. ZONING & SITE ISSUES The subject property is zoned PUD /1 -1 (Planned Unit Development /Industrial Park). Under the PUD classification, the regulations and standards governing the uses and structures shall be the same as those established in the underlying zone, which in this case is 1 -1 Industrial Park. The PUD further provides that these underlying regulations may be modified by conditions imposed by the City Council; or in cases where it may be to the extent necessary to comply with the development plan of the PUD. In essence, the PUD allows the city to provide "flexibility" in allowing certain uses or standards as they become known or requested, as is the case of Mr. Eyll /Wirth Companies. One of the unique purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment issues. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The applicant is seeking the ability to provide for a number of certain uses that normally 03 -31 -11 Page 2 require individual special use permit consideration. Any proposed educational (defined: "non residential educational uses including Area Learning Centers (ALQ, post - secondary schools, business schools, trade schools, and the like — excluding public /private school") and religious uses (defined: "places of religious assembly such as chapels, churches, temples, mosques and synagogues ") are allowed by special use permit, pursuant to Section 35 -330, Subdivision 3c, of the zoning ordinance. This section allows limited commercial and service and office uses such as those 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. The applicant has submitted individual floor plans of those portions of the building identified as Building A and Building B, respectively. These floor plans identify certain areas dedicated to existing or future uses. The existing users are identified by name, their hours of operations and numbers of employees. The applicant is further requesting an enclosed (fence) outdoor "play" area to be used in conjunction with the operations of an educational use in Building B, which appears to be identified as the Brooklyn Center Alternative Learning Center (BCALC). Parking requirement ratios are broken down as follows: City Code: Office /Service Buildings (20,000 — 200,000 sq. ft.): GFA/(.0005 x GFA) + 190 Warehouse area = One space /per two employees —or - GFA/800: PLP Plaza Lake Park: Office /Service Area= 100,000 sq. ft. GFA / (50) + 190 = 416 spaces Warehouse = 39,000 sq. ft. / 800 = 49 spaces Combining these numbers equates to approximately 465 spaces needed to serve this site. In personal review of the submitted plans, it appears the subject site only has 324 spaces dedicated to this site. Staff assumes that when the subject site was split into two separate parcels and rezoned to PUD /1 -1 in 2003, that the City Council accepted the reduced parking spaces as part of the overall PUD plan of the site, and acknowledged the "flexibility" in reduced parking needs due to the mixture of uses inside the building. The applicant has done a nice job identifying the users, their space allotments and hours of operation. It is important to note that although the church users may have large numbers of attendees, their operations are limited to only weekend hours, and do not overlap the existing educational uses or miscellaneous office users regular weekday hours. In determining the three church users parking needs plus their employees equals 141 spaces. Factoring out these 141 spaces (religious uses only) during regular, weekday business hours results in a need of 325 spaces for all remaining educational and office users. Theoretically, the site meets the overall and mixed -use parking needs for the existing and proposed users. Staff is unaware of any parking issues or complaints as a result of this parking ratio. 03 -31 -11 Page 3 The applicant also provided for staff review a plan illustrating two separate fenced -in play areas located near the southwest corner of Building B (assumed to be part of BCALC). City staff is not supporting the southerly play area located along the frontage with Shingle Creek Parkway. We are more supportive of the play area located inside the building inset. The applicant will need to provide additional information on the fencing type/height, playground equipment (if any) to be provided and access in and out of the area. COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITS Attached are the responses to the five questions which must be satisfied to consider the issuance of a Special Use Permit (Section 35 -220, Subdivision 2) 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. Additionally, these responses address the following questions within Section 35 -330, Subdivision 3e, which are required to be satisfied. 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. 03 -31 -11 Page 4 STAFF COMMENT It should be noted that there is no such "master special use permit" defined or identified under the contents of our city code and /or zoning ordinance. The creation of this master special use permit is unique to this site and reflects city staff's understanding and recognizing all identified educational and religious users inside the building site, including attendee and employee numbers, and hours of operations. This Master Special Use Permit further acknowledges city staff's willingness and cooperative effort by allowing the property owners to personally manage the site, and allow certain educational and religious uses on their own, without the need of applying for individual special use permits should the need arise in the future. According to our city attorney, the creation of this master special use permit is allowed under the guise of this Amendment to the Planned Unit Development, which allows cities to provide flexibility in sustaining or approving specific uses or conditions that the underlying zoning district (or City Code) may not allow or normally permit. The PUD Amendment is not akin to a variance, which requires specific (statutory) conditions to be met and moreover, a demonstrated or proven hardship. The PUD amendment is further strengthened by meeting the conditions established under the special use permit requirements, as noted above. City planning staff feels the basic tenets of the special use standards noted above have been or will be met by these specified uses within the subject property. We find no reasons to deny this special use permit based on any newly discovered or perceived findings at this point. RECOMMENDATION It is the opinion of staff that the site may be approved for a Planned Unit Development Amendment (PUD /1 -1 Zone remains unchanged), and that standards for allowing a master special use permit and the special criteria for allowing certain non - industrial uses in the 1 -1 zoning district have been satisfactorily addressed. It is recommended that the application be approved subject to the following conditions: 1. The master special use permit is issued to the subject site, which acknowledges the three existing places of religious assembly and associated uses at this location. If other religious uses apply to occupy this site, the Applicant/Owners may allow by means of this master special use permit, subject to meeting parking requirements. 2. The master special use permit is issued to the subject site, which acknowledges the three educational spaces and associated uses at this location. If other educational uses apply to occupy this site, the Applicant/Owners may allow by means of this master special use permit, subject to meeting parking requirements. 3. The child care center and the 33' x 47' outdoor - enclosed play area is allowed in conjunction with an approved educational use subject to receiving State of Minnesota licenses and inspection of said premises. No other play area or child care uses not identified by this application shall be permitted as part of this special use permit. Any 03 -31 -11 Page 5 expansion or major alteration to the site to accommodate this child care use shall be subject to an amendment to this special use permit. 4. The Applicant will need to submit to city staff specifications on the outdoor child care play area, including fencing type and height, playground equipment (if any) and access points. The final location of this area may be subject to building and/or fire code regulations. 5. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 6. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 7. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 8. If necessary, the Applicants will execute a PUD Amendment development agreement with the City of Brooklyn Center, as prepared by the City Attorney, which agreement shall memorialize the conditions noted herein and other conditions as recommended by the Planning Commission and adopted by the City Council. 03 -31 -11 Page 6 1 i Planning Commission P'I Application No. 2011 -007 .... ................................................ .................... 22 22 em saw 6808 — �! �. r r� w"j, tJ, 6844 FZ I I 5897 78 292At �tSti55 l �p 28 s !?'! {` ;ltk3tD 2 22425 }, "Np���� '. _,W,_.._�.._•._Y.-- �--"_v z .t: _-..._. .............. __ -- 68" } .t t 2926 X72: 1 .r- ,- .......... "'_ --•"` "'�,� 7 3f§01 � 24&4 s tg 2 � CA 34195 t M 2910241 J +� 2912 f shingle Creek Trail €s1 r 2a ry � 2816 zu 1` Map ca..m5arl wwA.v15. Gixry+'iSJ�ft {C}Ef1CJ.,^C^2Cg5 3511! m :m P� .r eZ Lt v S 2 0 0/ / n - - -- - ,�`z o 'V G) `. AV NUE a - - 35444 -- NORTH a 0 52 _ VI 4 i ,y � ✓ - 2 / 25•y9 ,'�' 7PPC -- � - -� --' - � � - - -- T r e — TRACT I — t� / t i t s C X \ 1 1 a q L d y 0 v P c� ti Taag �^�G 5 R. L. S N t4ig 4- CA ,�, p�� tea,•, � � cl= p T / ,/ /j,. : \ .,;;.v' V Of{ ✓HY \ tee._ �.• .+ w_ VIA S63 - N = c -E �» CREEK f�AR lk FARM E BROWN 1111-1 BROWN FARM Z I 5 \' FIRSTADDA SON 3 d ESTATES SIXTH ADDITION I w d x Q TFIEWIRTH W J I\ v SITE AND BUILDING LAYOUT PALMER LAKE PLAZA ( COMPANIES s s I E ! I I eC "" As ° ` 6860 SHINGLE CREEK PARKWAY, BROOKLYN CENTER, MN 55430 BUILDING �9 PRIMARY USE IS FOR SHIPPING AND RECEIVING F as ALL THESE TENANTS USE THEIR LARGE OVERHEAD DOORS F 0 g TO RECEIVE TRUCK LOADS OF GOODS. O In C165 N WAREHOUSE SHIP /REC, STORE to DESIGN OFFICE AND ASSEMBLY Z 10-20 EMPLOYEES C 1 50 f HOURS OF OPPERATION 7AM -7PM WAREHOUSE SHIP /REC, STORE W BIG HARRY DEALS ASSEMBLY AND SHIPPING SUITE 0150 6.10 EMPLOYEES W 8.261, R HOURS OF OPPERATION 7AM -7PM U } Y W OO Q LAKELANO GRAPHICS SUITEC 12.191 RSF SF ' , r w Q. C Y G W J LLI U W J 0 Z_ T N O RESTORATION BUILDING C RESOURCES. INC. SUITE C1�5 0 / 6.250 RSF / J O TWIN SOURCE Q SUITE C J 8,023 RSF SF U C7 Z C175 WAREHOUSE SHIP /REC, STORE m W THE WIRTH COMP 11,11- CONSTRUCTION OFFICE AND MATERIAL SUITE C I W 8 EMPLOYEES 9.226 RB% O HOURS OF OPPERATION 7AM -7PM S (r j Q C180 3 WAREHOUSE SHIP /REC, STORE CLEANING SUPPLIES °. 8-15 EMPLOYEES HOURS OF OPPERATION 7AM -7PM C190 WAREHOUSE STORAGE O EMPLOYEES .._ HOURS OF OPPERATION 7AM -7PM r.'�PLPLL BUILDING PLAN B PLP BUILDING PLAN ° PLP02 R� BUILDING A (LOWER LEVEL) � O PRIMARY USE IS OFFICE SPACE. TENANTS INCLUDE AN INSURANCE AGENCY, AN EDUCATION OFFICE, BUILDING MAINTENANCE O OFFICE, OFFICE STORAGE, CONFERENCE ROOMS, ,M A VENDING ROOM AND A CHURCH. to to Z f X A109 OFFICE SPACE '`I O 3 EMPLOYEES JJ Z HOURS OF OPPERATION 7AM -7PM MON -FRI Q„ Y Al24 W 0 BUILDING LOADING DOCK " sm Al25 OFFICE STORAGE ROOM 0 EMPLOYEES _ Al 1 B uj < BUILDING MAINTENANCE ROOM W n. ./ IEMPLOYEES 2 w HOURS OF OPPERATION 7AM -4PM MON -FRI J J L IL o m W m F / 0 A110 r A103 - X VENDING ROOM EDUCATION OFFICE SPACE O EMPLOYEES 4 EMPLOYEES z HOURS OF OPPERATION 7AM -6P M MON -FRI \\ J A102 U INSURANCE OFFICE SPACE 5 EMPLOYEES ° HOURS OF OPPERATION 7AM -6PM MON -FRI W � O A700 CHURCHSPACE 3 EMPLOYEES (LOCATED IN Al 13) BUILDING A - '- �OPPERATION 7AM -1 OPM SAT -SUN 106150 PERSON TEMP OCCUPANCY) PLPABUILDINGPLAN B PLP BUILDING PLAN PLP03 BUILDING B PRIMARY USE IS EDUCATION. TENANTS INCLUDE BROWN COLLEGE, ALTERNATIVE LEARNING, LUNCH ROOM AREA, A CHURCH AND ONE SHIPPING /RECEIVING BUSINESS. m Z 8125 B122 FmF SHIP /REC SPACE CHURCH SPACE U 5EMPLOYEES 5EMPLOYEES HOURS OF OPPERATION 7AM -6PM MON -FRI HOURS OF OPPERATION 7AM -1 1 PM SAT -SUN Z J (250 PERSON TEMP OCCUPANCY) 11..1 0 Y 0 w w OD 8112 EDUCATIONAL SPACE YEES HOURS OF OPPERATION 7AM 6PM MON -FRI F- ' (20 PERSON TEMP OCCUPANCY) O LLJ o 8100 EDUCATIONAL SPACE BUILD NG B N 50.60 EMPLOYEES / �� ;,.�� \\ �\ �\ \x\; HOURS OF OPPERATION 7AM -1 OPM MON -FRI (250 -400 PERSON TEMP OCCUPANCY) B113 EDUCATIONAL SPACE 30 EMPLOYEES HOURS OF OPPERATION 7AM-6PM MON -FRI (1 50 PERSON TEMP OCCUPANCY) cxxl A O PLP BUILDING PLAN ? L AY - PLP B BUILDING PLAN g _ F PLPO4 A217 OFFICE SPACE 7 EMPLOYEES HOURS OF OPPERATION 7AM -6PM MON -FRI g BUILDING A (UPPER LEVEL) PRIMARY USE IS OFFICE SPACE. M TENANTS INCLUDE AN EDUCATION OFFICE, A BUSINESS OFFICE,OFFICE STORAGE AND A CHURCH. U) Z Q W U } J SCHOOL OFFICE SPACE r „ Ld 0 12 EMPLOYEES O It HOURS OF OPPERATION 7AM-6PM MON -FRI m (20 PERSON TEMPORARY OCCUPANCY) Ld Y W w \ m zz tD VA \. A205A,B,C O CHURCHSPACE } � \ 5 EMPLOYEES m HOURS OF OPPERATION 4PM -1 2AM SAT -SUN O (1 00 PERSON TEMPORARY OCCUPANCY) 0 fr U ° w � W U) a \o \o g 01PLP A BUILDING PLAN SECOND FLOOR u� ` PlP BUILDING PLAN PLP05 0- -0, 0, 0 rj . 0 0 ROOF R001` IN DRAIN r3 d P4 Z, Al z 0 U O p 0 0 S, 63 o ol A a 00 . 0 0 BCALC MAIN z ROOF NEED DRAIN a: __51DEWALK FOR \ �� : -� ; EGRESS ENT. z PROPOSED EXT FENCED AREA PROPOSED EXT FENCED AREA w I- z NO SCALE 2 NO SCALE U Ld u TRACT K ui �eo-3osw .:r. s ��� Y < ENT LO ER Ld U SE ION 35 FENCED IN PLAY AREA (2) 33'X 47 = 1,551 SQ FT w UJ U) 0 to 3 0' 4 eae V, -4 -MMCRE-8/13/10 FENCED IN PLAY AREA (1) 0 PE Wl 72'X 20' = 1, � 440 SQ FT -A­ oils R /10 /O,v DR— — — 15'-6" X 4'-9" = 73.625 SQ F 7HECKED— iw TOTALLING 1,513.625 SQ FT PLP03 DRAFT Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2011 -05 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011-007 SUBMITTED BY JON VAN EYLL OF WIRTH COMPANIES AND ON BEHALF OF PALMER LAKE PLAZA WHEREAS, Planning Commission Application No. 2011 -007 submitted by Jon Van Eyll with Wirth Companies proposes a Planned Unit Development (PUD) Amendment to an existing PUD /1 -1 (Planned Unit Development/Industrial Park) district, along with Special Use Permit approval for Palmer Lake Plaza, located at 6850- 6860 -6870 Shingle Creek Parkway; and WHEREAS, the proposal comprehends the amendment to the original PUD/I -1 zone to allow the creation of an "master" special use permit allowing the applicant/owners to provide educational and religious uses /churches in the above - referenced property, along with a child daycare operation in conjunction with an educational use; and WHEREAS, the master special use permit provides the flexibility and opportunity to the owners of said Palmer Lake Plaza facility, by allowing certain educational and religious uses within this PUD /I -1 district without the need for separate special use permit considerations for each existing or future use, provided that certain site conditions, such as parking and building safety code conditions are all met; and WHEREAS, the Planning Commission held a duly called public hearing on March 31, 2011 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development Amendment and Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this amendment and special use permit 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. of the City's Zoning Ordinance and complies with the goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -007 submitted by Jon Van Eyll with Wirth Companies be approved based upon the following considerations: 1. The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 1 2. The Planned Unit Development Amendment proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Amendment is considered a reasonable use of the property and will conform with underlying I -1 Zone standards 4. The Planned Unit Development Amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. Furthermore, the Planning Advisory Commission finds: 1. 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. 2. 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. 3. 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. 4. 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. 5. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -007 be approved subject to the following conditions and considerations: 1. The master special use permit is issued to the subject site, which acknowledges the three existing places of religious assembly and associated uses at this location. If other religious uses apply to occupy this site, the Applicant/Owners may allow by means of this master special use permit, subject to meeting parking requirements. 2. The master special use permit is issued to the subject site, which acknowledges the 2 three educational spaces and associated uses at this location. If other educational uses apply to occupy this site, the Applicant/Owners may allow by means of this master special use permit, subject to meeting parking requirements. 3. The child care center and the 33' x 47' outdoor - enclosed play area is allowed in conjunction with an approved educational use, subject to receiving State of Minnesota licenses and inspection of said premises. No other play area or child care uses not identified by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the site to accommodate this child care use shall be subject to an amendment to this special use permit. 4. The Applicant will need to submit to city staff specifications on the outdoor child care play area, including fencing type and height, playground equipment (if any) and access points. The final location of this area may be subject to building and/or fire code regulations. 5. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 6. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 7. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 8. If necessary, the Applicants will execute a PUD Amendment development agreement with the City of Brooklyn Center, as prepared by the City Attorney, which agreement shall memorialize the conditions noted herein and other conditions as recommended by the Planning Commission and adopted by the City Council. Date Chair ATTEST Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3 To: Planning Commission Members From: Gary Eitel, Planning Commission Secretary Date: March 30, 2011 Subject: Items on the March 31, 2011 Planning Commission Agenda Agenda Item No. 6 Loren Van Der Slik Application No. 2011 -004 [TABLED from the March 17, 2011 Regular Meeting] Preliminary Plat Approval of Shingle Creek Crossing, the replat of Brookdale properties into four lots and two outlots to facilitate Phase I of the Shingle Creek Crossing PUD. *Application Withdrawn* A new application has been scheduled for a public hearing on April 14, 2011. Note: the following identifies the Gentleman's Agreement between Gatlin Development Company and Sears: • Consistent with the assurances made at our March 22 meeting, Gatlin has temporarily halted processing of plans pertaining to the PUD /Site Plan/Parcel Map requests for the Shingle Creek Crossing ( "SCC ") development. • Also, as promised, neither Gatlin nor the City will bring any matter related to the aforementioned redevelopment before the City Council or Planning Commission prior to April 11, 2011. Agenda Item No. 7 Discussion Items: Continued review of Council Goals and the 2010 Planning Commission agendas in preparation for the April 6 Joint Council /Commission meeting. Strategic: 1. We will ensure a safe and secure community 2. We will aggressively proceed with implementation of City's redevelopment plans 3. We will stabilize and improve residential neighborhoods 4. We will positively address the community demographic makeup and increasing cultural diversity 5. We will continue to maintain and upgrade City infrastructure improvements 6. We will respond to increased public awareness and interest in environmental sustainability and green community issues Ongoing: 1. We will provide streamlined, cost effective, quality services with limited resources 2. We will ensure the financial stability of the City 3. We will move toward maintainin g g or lowering the level of City property taxes 4. We will ensure the city influence at the legislature 5. We will improve the image of the City with citizens and those outside of the City's borders 6. We will ensure the City drinking water is high quality and that the storm water is properly managed Staff is working on a PowerPoint for the April 6`" joint meeting with City Council that will be reviewed with the Planning Commission on March 31, 2011. REVIEW OF 2010 PLANNING AND DEVELOPMENT ACTIVITIES The following is a summary of the Planning Commission's agenda items for 2010: o Northwest Family Service Center PUD, Pre. Plat, and Site Plan Review for a 63,362 addition to the Adult Education Building. o Boulevard Market PUD amendment and Site Plan Review for a 6,752 sq.ft. multi -tenant commercial building. o Gateway Commons community building, Site Plan Review for a 6,000 sq.ft. community room, pool, and office. o Northbrook Preliminary Plat for EDA's 57 & Logan Site. o Alleluia Church Special Use Permit for Palmer Lake Plaza o ITT Educational Services Special Use Permit for Earle Brown Tower o Final Review and Formal recommendation on adoption of the 2030 Comp Plan Update. o Review of ordinance amendment pertaining to Outdoor Sales Markets — Farmer's Markets, o Reviews on Howe Fertilizer Redevelopment/amending the PUD, reuse /repositioning the manufacturing building & site at 6530 James Ave., special uses within the Palmer Lake Plaza Office /Industrial Building.