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HomeMy WebLinkAbout1994 10-27 PCP Y 1 Y PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER October 27, 1994 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - September 15, 1994 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. EVANGELICAL LUTHERAN CHURCH OF THE MASTER 94009 Request for rezoning and development plan approval for a Planned Unit Development involving the Church located at 1200 69th Avenue North and the three apartment buildings located to the east at 1100 69th Avenue North, 1107 Emerson Lane and 6907 Dupont Avenue North. 6. IRENE A. KLAMMER 94013 Request for preliminary plat approval to subdivide into two lots an approximate 35,150 square foot lot located at 1521 73rd Avenue North. 7. Other Business 8. Adjournment Planning Commission Information Sheet Application No. 94009 Applicant: Evangelical Lutheran Church of the Master Location: Northwest quadrant of Dupont/69th Avenues North Request: Rezoning for Planned Unit Development - PUD/R1 The applicant is requesting rezoning and plan approval, through the Planned Unit Development process, to incorporate three apartment buildings located immediately east of the Lutheran Church of the Master into a full church use over a phased, or staged, period of time. The rezoning proposal is for a PUD/Rl designation to include the church property, addressed as 1200 69th Avenue North, and the three apartment buildings east of the church currently addressed as 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North. The church property is currently zoned Rl (Single Family Residence) while the apartment properties are zoned R4 (Multiple Family Residence) and are located at the northwest quadrant of Dupont and 69th Avenues North. The properties are bounded on the north and east by 70th Avenue, Emerson Avenue, Emerson Lane and Dupont Avenue with single family homes and one of the City's water towers on the opposite sides of the streets; on the south by 69th Avenue with single family homes and the City's public utility building on the opposite side of 69th Avenue; and on the west by the Northbrook Terrace apartment complex. The proposed PUD/Rl zoning designation would allow the incorporation and use of the three apartment buildings by the church over time in a manner consistent with the City's Zoning Ordinance. Church uses are special uses in the R1 zone, but are not an acknowledged use, either permitted or special, in the R4 zoning district. The church has acquired the three seven unit apartment buildings under a contract for deed from Norman Chazin and is planning a three phased incorporation of the buildings into the church's use. Their purchase contract prohibits them from making structural changes to the buildings until the contract is paid in full. It is our understanding that the contract provisions do not prohibit all modifications to the-buildings, but the modifications must not be such that they would make it impossible to re-establish a multiple residential use of the buildings. The first phase, for which the church wishes to receive immediate approval, would involve the use of the apartment building located closest to the church as learning facility for children and youth of the church. This building is addressed as 1107 Emerson Lane and would be modified for Sunday School use and Confirmation classes. This building would generally be used between 9:30 a.m. and 11:00 a.m. on Sunday's for teaching approximately 175 - 200 second through twelveth graders. The church would also use this building for their Confirmation classes on Wednesday evenings for children in grades seven through nine. The other two apartment buildings, addressed as 1100 69th Avenue North and 6907 Dupont Avenue North, would continue to be used and rented out as apartment buildings during this first phase. 10-27-94 1 Planning Commission Information Sheet The building official has reviewed the church's proposed use of the apartment building for educational purposes in light of the few modifications being proposed during this first phase. He believes the building can be put to this use and safely used with some modifications and accommodations being made for persons with disabilities. Eventually, this building will have to be made accessible and be in compliance with other building code requirements. The building official has also suggested that smoke detectors be provided in the hallways prior to its use as a learning facility. Other modifications can be phased in. The second and third phases would incorporate the use of the other two buildings by remodeling those buildings to permit large group meetings such as adult and children chorus, drama groups, youth gatherings and senior citizens day teaching/fellowship area. Small group meetings and their space needs, as well as a small prayer chapel would also be contained in the second phase remodeled building. The third phase would incorporate the last building as the church's global mission center. They propose to retain two complete apartment units for use by missionary families who are on home leave for short periods of time. This building would also house a short term evangelical mission home office staff and would provide for more office space related to mission work. This application was originally considered by the Planning Commission at its September 15, 1994 meeting at which time the applicant's request, their written proposal relating to the City's rezoning evaluation policy and review guidelines, and their preliminary plans for this phased or staged incorporation o the apartment buildings into a church use were considered. The Planning Commission opened the public hearing and took comments from persons in attendance at that meeting. After reviewing the matter further, the Commission took action to continue the public hearing, tabled further consideration of this matter and referred it to the Northeast Neighborhood Advisory Group for review and comment. The Northeast Neighborhood Advisory Group met to consider this matter at the Brooklyn Center City Hall on October 13, 1994. Attached for the Planning Commission's review is a copy of the Northeast Neighborhood Advisory Group minutes from that meeting. After review, discussion and input from persons in attendance, the advisory group unanimously recommended approval of the proposal to the Planning Commission. Also attached for the Commission's review is a copy of the information sheet for Planning Commission Application No. 94009 which was presented on September 15, 1994 and an excerpt from the September 15, 1994 Planning Commission minutes relating to this application. The applicant has provided us with a site plan showing the current existing conditions at the Lutheran Church of the Master as well as the adjoining three apartment complexes. They are in the process of providing a survey of the property which will eventually be used for purposes of platting the property. The church plans at this time do not include all of the physical plans for reuse of the buildings. The church is currently reviewing what they propose e remodeling and Y th g g 10-27-94 2 Planning Commission;Information Sheet to do in terms of physical alterations to the site once they have full control over the property. They are committed to providing a future site plan, landscaping, grading, drainage and utility plans that would incorporate these buildings into a church campus as part of this planned unit development process. It should be noted that eventually, the three parcels on which the apartments currently sit will have to be replatted into a common lot with the church proper through platting or registered land survey. Also the church will have to develop a watershed plan with possible ponding to control rate and quality of water run off which will be required to be reviewed and approved by the Shingle Creek Watershed Management Commission. It should be noted that the Planning Commission has continued the public hearing regarding this planned unit development proposal and we have sent notices of the continued hearing to persons within 350 feet of the property. The Commission should seek further public input and comment prior to malting its recommendation regarding this planned unit development proposal. This proposal appears to have merit and we would recommend favorable consideration of the proposal. The approval should allow only the use by the church of the first apartment building and acknowledge continued utilization of the other two apartment buildings as rental dwellings. The use of the first building for Sunday School and Confirmation class purposes should be subject to the building official's review and authorization. No utilization of the other two buildings for church purposes will be allowed until all formal site plans, landscape plans, draining, grading and utility plans have been presented to the City for formal approval. Finally any recommended approval would be subject to the execution of a development agreement between the City and the church outlining the phasing of this proposal including when platting, watershed approval, along with the physical plans would have to be accomplished. Attached for the Commission's review is a draft resolution regarding the disposition of Planning Commission Application No. 94009 which would recommend approval of the PUD rezoning and a list of conditions relating to this approval. 10-27-94 3 i �I Planning Commission Information Sheet Application No. 94009 Applicant: Evangelical Lutheran Church of the Master Location: Northwest quadrant of Dupont and 69th Avenues North Request: Rezoning for Planned Unit Development - PUD/R-1 The applicant is requesting rezoning and plan approval, through the Planned Unit Development process, to incorporate three apartment buildings located immediately east of the Lutheran Church of the Master into a full church use over a phased, or staged, period of time. The rezoning proposal is for a PUD/R-1 designation to include the church property, addressed 1200 69th Avenue North, and the three apartment buildings east of the church currently addressed as 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North. The properties in question are currently zoned R-1 (single family residence) and R-4 (multiple family residence) and,are located at the northwest quadrant of Dupont and 69th Avenues North. They are bounded on the north and east by 70th Avenue, Emerson Avenue, Emerson Lane and Dupont Avenue with single family homes and one of the city's water towers on the opposite sides of these streets; on the south by 69th Avenue with single family homes and the city's public utility building on the opposite side of 69th Avenue; and on the west by the Northbrook Terrace apartment complex. The PUD/R-1 zoning designation would allow the incorporation and use of these apartment buildings by the church over time in a manner consistent with the city's zoning ordinance. Church uses are special uses in the R-1 zone, but are not an acknowledged use, either permitted or special in the R-4 zoning district. The church has acquired the three seven unit apartment buildings under a contract for deed from Norman Chazin. Their purchase contract prohibits the church from making structural changes to the buildings until the contact is paid in full. It is our understanding that the contract provisions do not prohibit all modifications, but they must not be such that they would make it impossible to re-establish a multiple residential use of the buildings. Pastor Robert Cottingham of the Evangelical Lutheran Church of the Master has given us two written submittals (copies attached) along with their Planned Unit Development rezoning application. One is an August 15, 1994 letter explaining the staged or phased plan for the use of the buildings by the Lutheran Church of the Master and the other is an August 31, 1994 memo addressing the city's rezoning evaluation policy. The first phase (1994-1995), which the church would like to undertake as quickly as possible, would involve the use of the apartment building closest to the church as a teaching facility for the children and youth of the church. This is the building located at 1107 Emerson Lane. The letter points out how they would use the building for Sunday School between 9:30 a.m. and 11:00 a.m. on Sundays for teaching approximately 175 to 200 second through twelveth graders. They propose using the living rooms and bedrooms in the units as classrooms for classes of i • 9-15-94 Planning Commission Information Sheet approximately ten students. They would also use this building for their Confirmation classes for grades seven through nine on Wednesday evenings. They propose no major structural changes, but would convert one restroom on each floor at this time to accommodate handicap persons. They are also looking at a way to make each floor accessible either via ramp or a lift. The proposed new use is a change of occupancy, which would require bringing this building into compliance with various handicap and accessibility requirements. The Building Official is reviewing this currently and it may be, given the staged proposal for a full incorporation of all the buildings into eventual compliance, that he might be able to allow such use, given some reasonable temporary accommodations. Again, we are pursuing this, but it appears that a PUD development calling for such accommodation on a scheduled or phased basis may make this possible. In the meantime, the church would propose to provide volunteer assistance for any and all teachers and any students with physical handicaps that would require assistance. It should be noted that this building is no longer being used for residential purposes with former tenants either moving away or being relocated to one of the other two apartment buildings. The second phase (1996), would involve the use of the building addressed as 6907 Dupont (southwest corner of Emerson Lane and Dupont Avenue North). A part of this building would be remodeled to permit large group meetings for approximately 100 people, such as adult and children chorus, drama groups, youth gatherings and a senior citizens day teaching/fellowship area. Also, plans for the second building include remodeling for small group meetings and their space needs as well as a small prayer chapel. The third phase (1997,4998), would incorporate the last building, addressed 1100 69th Avenue North as the church's global missions center. This would involve retaining two complete apartment units strictly for use of missionary families who are on home leave for a short period of time. The Lutheran Church of the Master supports seven missionary families currently. This building would also house a short term evangelical mission home office staff. And finally, the building would provide for more office space for teaching and counseling of persons interested i in doing mission work. The plans at this time do not include the physical plans to remodel and reuse the buildings. We have informed representatives of the church that a site plan, landscaping, grading, drainage, and utility plans incorporating the buildings into a church campus would have to be developed and approved once the PUD/R-1 rezoning has been accepted. The church is proceeding with such plans and discussion as to how these physical plans would be accomplished. It should be noted that eventually, the three parcels on which the apartments currently sit would have to be replatted into a common lot through platting or registered land survey. Also, a water shed plan for possible ponding to control rate and quality of water run off would have to be approved by the Shingle Creek Water Shed Management Commission. By adding these buildings to the church site it exceeds the five acre threshold for Water Shed Commission review and approval. 9-15-94 2 . Planning Commission Information Sheet As part of the approval of a PUD, a development agreement between the church and the city would have to be put together outlining the phasing of this proposal including when platting, water shed approval, along with the physical plans would have to be accomplished. The PUD/R-1 designation would also acknowledge the continued use of the apartment building and its re-establishment should, for some reason, the church not proceed to incorporate all these buildings for their use. Again, the church wishes first phase approval as soon as possible so they can begin the Sunday school and Confirmation class uses of the first building. REZONING A Planned Unit Development proposal involves a rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district then provides the regulations governing uses and structures within the PUD. In this specific case, the applicant is seeking R-l(single family residence) as the underlying zoning designation because churches, and chinch uses, are special uses in the R-1 zoning district, while they are not acknowledged uses, either permitted or special, in the R-4 zoning district. The rules and regulations governing the R-1 zoning district would, therefore, apply to the development proposal. Under the Planned Unit Development procedure, regulations governing uses and structures may be modified by conditions imposed by the City Council to the extent necessary to comply with the development plan submittal. One of the purposes of the PUD district is to give the city flexibility in land development and redevelopment. This PUD designation would allow the City Council to approve the continued use of the apartment buildings under the R-4 designation while the church phases in the use of the buildings for its purposes. This process would also protect the Chazins' rights to re-establish the multiple residence use if the contract for deed is not satisfied and the ownership would revert back to them. Attached for the Commission's review is a copy of Section 35-355 of the zoning ordinance which addresses Planned Unit Developments. As mentioned, the PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35-210 of the zoning ordinance as well as the rezoning evaluation policy and review guidelines are attached for the commissions review. Pastor Cottingham has submitted an August 31, 1994 memo in which he outlines how he believes the proposed church use of the three apartment buildings meets the rezoning evaluation policy and review guidelines contained in Section 35-208. A review of those guidelines, the applicant's arguments and the staff response follows: a. Is there a clear and public need or benefit? Applicant - Pastor Cottingham notes that in studying the number of low cost apartments, talking 9-15-94 Planning Commission Information Sheet with the apartment owners group and close to 100 of their neighbors, that it seems clear that the entire city, its residents and business groups will benefit through the eventual closing of all three apartment buildings and the reprogramming of their use. He notes that the public need seems to call for fewer apartments at this point and the general consensus is that the area has been over built with apartments in the 1960's and 1970's. ' Staff- We do not argue with these observations, and in fact, the city has acquired apartment complexes and demolished them, thinning out the number of units. It should be noted, however, that there still is a need in the area for multiple residential units. One of the problems faced by apartment owners in our immediate area is that these units do not offer all of the amenities that many other apartments that have more recently been constructed and have a difficult time competing. We do not find the thinning out of these units to be a negative and the church's use of the buildings for their purpose could be considered a public need or benefit. b. Is the proposed zoning consistent and compatible with surrounding land use classifications? A nlU icant - Pastor Cottingham states that the church's proposal is indeed consistent with surrounding land use classifications. He notes that there is a good mix of several zoning classifications including R-4 and R-1 in the area. He believes rezoning the three apartments will not cause any public or private differences. Staff- The area in and around the Lutheran Church of the Master is, for the most part, zoned residential, either single family or multiple family. The PUD/R-1 designation and the church use of these buildings should be consistent with and compatible with the surrounding land use classifications. Churches are acknowledged special uses in an R-1 zoning district. This rezoning will allow the eventual phase out of the three apartment buildings to an R-1 special use designation. c. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? Applican t - Pastor Cottingham notes that all permitted uses in the area for schools, churches, small offices, etc. are permitted in the proposed change requested by the church. Staff- It appears that all permitted uses and proposals can be comprehended for development in this specific PUD proposal. We will need to review the actual development plans for the incorporation of these buildings into a church campus once these plans have been developed and submitted. However,.the church has committed to eventually providing the necessary site plan, landscape plan, drainage, water shed, and replatting necessary to comply with city regulations. d. Have there been substantial physical or zoning classification changes in the area 9-15-94 4 Planning Commission`Information Sheet since the subject property was zoned? Apl2lican - Pastor Cottingham points out to the best of their collective memory there have not been any substantial physical or zoning classification changes in the immediate area. He does point out the changes to Highway 252 and its expansion, the 694 changes and some changes to the Humboldt Square Shopping Center. He notes that none of these will have an impact on the church's proposal. Staff-The only major zoning classification change in this immediate area was the rezoning from C-2 (Commerce) to R-3 (townhouse/garden apartment) of the property immediately to the south of 69th adjacent to the Humboldt Square Shopping Center. This has no major effect on the church's proposal and it is possible to have a development consistent with this as well as other residential property in the area. e. In the case of city initiated rezoning proposals, is there a broad public purpose evident? Apvlican t - They note this is not the city initiated proposal. Staff- Not applicable. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? Applicant-Pastor Cottingham notes that the proposed zoning change of the three apartments will bear the ordinance development restrictions for this district. He adds that they reuse of the apartments will fit all R-1 applications as they will be used for Sunday school, Confirmation classes and general church meetings. Staff - The subject property should bear fully the ordinance development restrictions for this proposed PUD/R-1 proposal based on findings that will eventually have to be made by the City Council and a development agreement between the city and the church, which will address any and all issues raised and acknowledge an approved site plan as part of the development agreement. As we have indicated, the physical plan has not yet been submitted, but is being put together and will require further review by the Planning Commission and approval by the City Council. We anticipate the ability to meet any and all zoning requirements and modifications to the three apartment buildings will eventually have to meet all building, accessibility, and fire code requirements. The unique aspects of the PUD zoning allow the church to make use of these buildings in the variety of ways they have indicated, including the residential use for visiting missionary families in the retained multiple dwelling in one of the buildings. The PUD designation also protects the underlying rights of the contract for deed holder to re-establish the multiple residential use of these buildings should the church's proposed use not go forward. We • 9-15-94 Planning Commission Information Sheet should note, however, that the ability to re-establish the multiple residential use will only exist until the church has full control of the property. Once the church campus has been developed, the right to use those buildings for multiple residential purposes other than outlined in the development agreement for the church use will not be permitted. g. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? Applicant - Paster Cottingham notes that the property in the zoning request is not unsuited for the planned uses. He states the size, configuration and location adds in a complimentary way to the church property it will become a part of. Staff- The property is generally suited for the multiple residential use made of it, however, this does not preclude the,fact the church use of these buildings may be a better longer range use of the existing buildings. As indicated previously it has been City policy to thin out the number of multiple residential dwellings in the City. h. Will the rezoning result in an expansion of a zoning district warranted by: 1) Comprehensive Planning; 2) The lack of developable land in the proposed zoning district; or 3) The best interests of the community? Applican t - Pastor Cottingham notes that they do not believe the proposed zoning change will bring about any significant changes to the immediate community. They also believe that as they make use of the rezoned facilities to reach, teach and strengthen families in the City, it will become a center for decency and morality. Staff- The City's Comprehensive Plan does not make any recommendations with respect to this particular property. A review of the land use designations map in the Comprehensive Plan will verify this. With respect to developable land in the proposed zoning district, it should be noted that there is very little developable land anywhere in the City. The only options for the church to expand, such as is being proposed, is to do so on developed land by incorporating and/or reusing already existing buildings. The church's proposal certainly does not appear to be in conflict with the best interests of the community. L Does the proposal demonstrate merit beyond the interest of an owner or owners of an individual parcel? A li an - Pastor Cottingham does believe that their proposal demonstrates merit beyond the church's religious uses of these buildings. He notes that the church use of these buildings for education of the faith and of the training of youth in our area has potential to make for a more peaceful and moral environment. 9-15-94 • Planning Commission Information Sheet Staff- The use of the apartment buildings for church purposes and the accompanying upgrading of the site can have some positive impacts in the surrounding areas. Landscaping and physical changes to the area should be a positive factor. PROCEDURE . This PUD/R-1 proposal, as previously mentioned, is a rezoning with a specific development proposal. As such, it.must go through the normal rezoning process. This means that following the Planning Commission's public hearing the rezoning proposal and development proposal should be referred to the appropriate Neighborhood Advisory Group for review and comment. In this case it should be referred to the Northeast Neighborhood Advisory Group. We will attempt to schedule a meeting of that Neighborhood Advisory Group within the next 30 days for that purpose. Persons receiving notices of the Planning Commission's public hearing (property owners within 350 feet of the subject property) and anyone else who desires to be notified would be informed of the date, time, etc. of the meeting. The Planning Commission should discuss the proposal, open the public hearing on this matter and then table the application and refer it to the Northeast Neighborhood Advisory Group for additional review and comment. The Commission may wish to comment on the proposal and give any direction to the Neighborhood Advisory Group that they believe is appropriate for their review. • 9-15-94 '� I • app a , , lee r � say A uc NrF IL r. ?}� � .,Yr 'L�t•}+) ,•1, `,3v �\ .h>\:.� ,ti`. •. ..`��?+ t�t+..•134-�)'_`�''`ov.`.`.i., }tti.�4 �<t 1 � r ' rll AMC- v "„ i lilt I - r ' ■Illiill �� r ^■ Its vigil talon _� ■ I�i� . - W. . - � -- - - - w- ����►♦ �♦,,�,.,� �� err�;� /11111111 � T r ■_ I.�y • �_a �- � i � - � - � �_ -� �1 jum so WE mm DO -- -- -- -- f -- -- -- — -- !�G ' Mason �� �-i 1 � , • Planning Commission Information Sheet Application No. 94013 Applicant: Irene A. Klammer Location: 1521 73rd Avenue North Request: Preliminary Plat The applicant, Irene A. Klammer, is requesting preliminary plat approval to subdivide into two lots an approximate 35,150 square foot lot located at 1521 73rd Avenue North. The land in question is zoned R1 (Single Family Residence) and extends between 73rd Avenue North and Woodbine Lane, westerly of Humboldt Avenue. It is bounded on the north by 73rd Avenue; on the east by single family homes; on the south by Woodbine Lane; and on the west by single family homes. The proposed plat, which is to be known as the Klammer Addition, currently has a meets and bounds description and would be divided into two buildable lots (Lot 1, Block 1 and Lot 2, Block 1, Klammer Addition) of the following dimensions: LOT WIDTH DEPTH AREA Lot 1, Block 1 95.04' 200.09' 19,011.8 square feet (Northerly lot) Lot 2, Block 1 95.04' 170.07' 16,163.5 square feet (Southerly lot) The two lots proposed substantially exceed the minimum requirements for interior lots in an Rl zone which are 75 feet in width and 9,500 square feet in area. The northerly lot contains an existing single family home and two accessory buildings. The southerly lot contains no structures and the applicant proposes to sell this lot for development of a single family home. The preliminary plat survey shows five foot wide drainage and utility easements along the interior and rear property lines of the two proposed lots. In addition a ten foot wide drainage and utility easement would be located along the public street frontages at 73rd and Woodbine Lane. Sanitary sewer and water serve the existing house at 1521 73rd Avenue. Sanitary sewer and water are stubbed in to the property line for the proposed Lot 2. The Engineering Department has reviewed the proposed subdivision and has noted that the preliminary plat should be modified to show the half street widths for 73rd Avenue North to be 33 feet and for Woodbine Lane to be 30 feet. Woodbine Lane is to be dedicated on the final plat as a 30 foot right-of-way. It is presently an easement for street and utility purposes per a document filed on October 23, 1967. f • 10-27-94 1 Planning Commission Information Sheet The preliminary plat survey indicates a driveway encroachment over the southeasterly corner of Lot 2. This encroachment does not create any problems with respect to the platting of the property however, it is something that the property owner may wish to clear up in order to avoid possible title problems with respect to the sale of this lot or the neighboring lot. A public hearing has been scheduled for this preliminary plat application and notices of the Planning Commission consideration have been published in the Brooklyn Center Sun/Post. RECOMMENDATION This preliminary plat appears to be in order and is recommended for approval subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary plat shall be modified to show half street widths for 73rd Avenue North as 33 feet and for Woodbine Lane as 30 feet. 4. Woodbine Lane is to be dedicated on the final plat as a 30 foot right-of-way. I 10-27-94 2 • Dili �; ■■ !■� ■ :� owns ■■�■■ MIN _ MENOMONEE .1 ..� ■■. ■ _ r � , , ■ �■■ �� ■� Ira �� .. ■■■ ■■■■■ INS POM u ` ■ III ' ► .■ 1111■ r■ " ■■■111 •��� : �■ � . ■ ■ X111111 � � - ��111111 ; _ =r � _� �• iiji i �� i ■ ■ ■■ --- 1 1 • N a c; C • 0. (� r o CE Im it •H-M � � S i wr r r = � • W ° � � �e� _ Y•1 � ] �'w `r �M i • v � t� � ��z �� ia• s ��3„ a ew M1. ■I. �S MN ,�y y- Z • h- ® I ►IK•.101•s•ia•D wiq•wa0 Q tu•r•rr•.r a►sw.wr auc Asaar•ai�aaen ya.ta•• r _J ? 8- a #a �T- - 'Kan .• w n •. r•+ AI/A • r z w f # a� e Ri s i Member introduced the following resolution and moved its adoption: . PLANNING COMMISSION RESOLUTION NO. RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 94009 SUBMITTED THE EVANGELICAL LUTHERAN CHURCH OF THE MASTER WHEREAS, Planning Commission Application No. 94009 submitted by the Evangelical Lutheran Church of the Master proposes rezoning from R1 (Single Family Residence) and R4 (Multiple Family Residence) to PUD/R1 of the properties addressed as 1200 69th Avenue North, 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North all located at the northwest quadrant of Dupont and 69th Avenues North; and WHEREAS, this proposal comprehends the combining of these parcels and the eventual utilization of three apartment buildings by the Lutheran Church of the Master for church purposes over a phased, or staged, period of time; and WHEREAS, the Planning Commission held a duly called public hearing on September 15, 1994, when a staff report and public testimony regarding the rezoning and plan where received; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on October 13, 1994, at the City Hall and unanimously recommended approval of this • Planned Unit Development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on October 27, 1994, received a staff report and took further testimony during a continued public hearing; and WHEREAS, the Commission considered the rezoning and plan request in light of all testimony received, the guidelines for evaluation rezonings contained in Section 35-208 of the City's Zoning Ordinance and in light of the provisions of the Planned Unit Development Ordinance contained in Section 35-355, and in light of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 94009 submitted by the Evangelical Lutheran Church of the Master be approved in light of the 'following considerations: 1. The rezoning and plan are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. Y Planning Commission Resolution No. 2. The rezoning and development plan will allow for the utilization of • buildings by the church in a manner which can be considered compatible with surrounding land uses. 3. The utilization of the property in question, with the submission of future plans, will conform with city ordinance standards. The phased, or staged, incorporation of the buildings for church purposes is considered a reasonable use of property. 4. The rezoning and plan are considered compatible with recommendations in the City's Comprehensive Plan for the northeast neighborhood area. 5. The eventual incorporation of the buildings and their utilization by the church appears to be a good long range use of the existing buildings and can be considered to be in the best interests of the community. BE IT FURTHER RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that approval of Application No. 94009 be subject to the following conditions and considerations: • 1. The immediate use of the building at 1107 Emerson Avenue North for Sunday School and Confirmation classes may proceed subject to the approval of the building official regarding the occupancy and use of the building. 2. The continued use of the buildings addressed as 1100 69th Avenue North and 6907 Dupont Avenue North as rental dwellings is allowed until the second phase of the project begins, subject to the licensing provisions in the City's Building Maintenance and Occupancy Ordinance. 3. A multiple family residential use of the three apartment buildings may be re-established if, for some reason, the church's proposal does not go forward and the phased utilization of these buildings is not undertaken. 4. The Lutheran Church of the Master shall submit the necessary site plan including landscaping, grading, drainage, utility and floor plans along with a preliminary plat and watershed plan in a timely manner prior to proceeding with the phase II and phase III utilization of the property. 5. The church shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney prior to phase I utilization of the buildings. Said agreement shall outline the phasing of this plan including when platting, watershed review, and the physical plans shall be accomplished. • Planning Commission Resolution No. Date Chairperson ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon 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. • • • • • I