HomeMy WebLinkAbout2011-05 PCR Member Parks 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 /I -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 fight of all testimony received the gu idelines 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.
2. The Planned Unit Development Amendment proposal will allow for the utilization
1
f h land in question in manner which is compatible with complimentary to and
o the a d uest o a anne
q p p �'Y
of comparable intensity to adjacent land uses as well as those permitted on
p Y J
surrounding land.
3. The utilization of the property as proposed under the Planned Unit Development
Amendment s considered a easo p p
i reasonable use of the prop
and will conform with
underlying I -1 Zone standards
4. The Planned Unit Development Amendment proposal is considered consistent with
,
Plan for this area of the city.
the recommendations of the City Comprehensive ty .
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
three educational spaces and associated uses at this location. If other educational uses
2
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.
3 - l i - e -
Date Chair
ATTEST: a64:�:�
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member Kuykendall
and upon vote being taken thereon, the following voted in favor thereof:
Chair Rahn, Commissioners Kuykendall, Morey, Parks, and Schonning.
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
3