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HomeMy WebLinkAbout1995 01-12 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JANUARY 12, 1995 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 1994 Planning Commission 3. Approval of Minutes - December 8, 1994 4. Adjourn 1994 Planning Commission 5. Administer Oath of Office: Tim Willson, Robert Mickelson, Mark Holmes, Dianne Reem 6. Call to Order: 1995 Planning Commission 7. Roll Call 1995 Planning Commission 8. Election of 1995 Chair 9. Election of 1995 Chair Pro Tem 10. 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. 11. Brookdale Covenant Church 94016 Request for Special Use Permit and Site and Building Plan approval to construct a 12,500 square foot recreation area addition to the existing church located at 5139 Brooklyn Boulevard. This matter was tabled by the Planning Commission at its December 8, 1994 meeting. 12. Tharaldson Development 95001 Request for Special Use Permit and Site and Building Plan approval for a three story, 60 unit Comfort Inn Hotel at 1600 James Circle. 13. Other Business 14. Adjournment Planning Commission Information Sheet Application No. 94016 I Applicant: Brookdale Covenant Church Location: 5139 Brooklyn Boulevard Request: Special Use Permit/Site and Building Plan Approval The applicant is seeking site and building plan approval and an amendment to their special use permit to construct a 12,500 sq. ft. addition to the Brookdale Covenant Church, 5139 Brooklyn Boulevard. The addition will consist of a gymnasium/recreation area, kitchen, rest rooms, entry and narthex area as well as additional classroom space. The proposed new addition will be to the south side of the existing church building. The plan also includes the removal of the church parsonage located to the west of the church building to make room for relocated and additional parking. The property in question is zoned R-1 (one family residence) and churches and their accompanying uses are classified as special uses in this zoning district. The subject site is a triangular shaped parcel located to the south of the Brooklyn Boulevard/T.H. 100 interchange. It is bounded by the Brooklyn Boulevard frontage road on the east; T.H. 100 on the west; and the Malmborg greenhouse property, which is zoned R-3 (multiple family residence) to the south. This application was first considered by the Planning Commission at its December 8, 1994 • meeting and was tabled and continued until the Commission's January 12, 1995 meeting. The Planning Commission wished to obtain input and comments from the City Attorney regarding a proposed city/church agreement to keep access open between North Lilac Drive and the Brooklyn Boulevard frontage road. The Commission had also expressed concerns about a possible sign ordinance variance request, which had been mentioned at that meeting, as well as concerns about a damaged metal drainage outlet pipe at the north end of the property and recommendations for curbing around the site. The Planning Commission's attention is directed to the attached Planning Commission Information Sheet, from the 12-08-94 meeting as well as pages four through seven of the 12-08-94 Planning Commission minutes relating to this application. I have had the opportunity to review this proposal with the City Attorney, specifically with respect to an agreement between the city and the church to leave a public way connection between North Lilac Drive and the Brooklyn Boulevard frontage road. The Commission's attention is directed to the options pointed out on page two of the 12-08-94 Information Sheet relating to keeping this connection open. The City Attorney has also pointed out that the city could pursue statutory provisions that would allow an adverse possession type action to designate this area as a public roadway because it has been used and maintained continuously for six years by the road authority. Under such circumstances, the roadway width would be limited to that which was actually used. This would be a width of 20 ft. to 30 ft. depending on the location. A normal right-of-way width for a marginal access road such as this is 50 1-12-95 1 ft. of right-of-way with a 24 ft. wide surface. In addition, a 15 ft. green strip would need to I be established before allowing parking. Pursuing this connection as a public street would result in a potential loss of 40 to 80 parking stalls on the proposed plan and would mean the church would not be allowed to make their proposed recreation area expansion. Most of the traffic using this roadway is church traffic. The staff believes it is important to keep this connection open to the public, however, it would not have to be kept open with a I public street dedication. There is a limited amount of non-church traffic using this roadway connection. The Public Services Director estimates about 12 trips per day other than church related traffic. We also see a benefit in keeping this area open for emergency vehicles, such as police, fire and ambulances. Having this connection also makes snowplowing in this area more direct rather than backtracking in order to plow North Lilac Drive and the Brooklyn Boulevard frontage road. There are good reasons for keeping this connection open, but it would not have to be as a public street. The City Attorney agrees and believes an appropriate agreement can be drafted between the parties to protect both interests. Because the traffic is limited, the 90 degree parking off of the public way connection should not pose a safety problem anymore than would 90 degree parking accessing a 24 ft. drive lane serving a commercial or church parking lot. We would recommend that there be no parking signs installed along the westerly side of the drive lane so as to keep this drive lane open to through traffic. With respect to the agreement, it should be acknowledged that this area will be kept open to the public. We would recommend that the city continue to plow the roadway connection while the church would be responsible for other maintenance of the roadway. As with private roads in townhouse developments, the city would want a provision to allow it to go on the property for purposes of maintenance if the church fails to do so, and we would also want the ability to assess the costs of such maintenance if necessary. Sealcoating maintenance costs are about $1500.00 ever six to seven years. The drainage outlet pipe, which is in need of repair, provides drainage for the north end of the church property to the highway right-of-way. The Public Services Director proposes a sharing between the city and the church in the cost of repairing this outlet. It is estimated that the cost of repair will be approximately $5000.00, $2500.00 of which would be he church's responsibility. It is still the staff s recommendation that curb and gutter be provided as parking protection and around areas where walkways and landscaping are to be provided. Also, the 15 ft. green strip requirements can be met along the Brooklyn Boulevard frontage road and still allow the church to meet the minimum parking requirements of 120 on-site parking stalls for a 360 seat church. Regarding the question of signery, the church is allowed to have one 36 sq. ft. freestanding sign, not to exceed 10 ft. in height, along each of its street abutments,.or it could have one 72 sq. ft. sign, not to exceed 15 ft. in height. They are also entitled to have one 36 sq. ft. wall sign. It appears that the church can live within these sign parameters according to a 1-12-95 2 T - conversation I had with Wayne Westburg. If not, the church can seek a sign ordinance variance which could be granted only if they meet the variance standards contained in the sign ordinance. This would have to be pursued in a separate sign variance procedure requiring a public hearing and recommendation by the Planning Commissino and a final determination by the City Council. These matters have all been conveyed to representatives of the church, and we believe they are acceptable. We would recommend approval of the application subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the Engineering department prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipped with an automatic fire extinguishing • system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the city ordinances. 7. A revised drainage plan shall be submitted for review and approval by the Engineering Department indicating the location of curbing on the site. 8. The plans shall be modified to provide ordinance required 15 ft. green strips along the Brooklyn Boulevard frontage road. 9. The applicant shall enter into an agreement with the city to be approved by the City Attorney, to allow a public way connection between North Lilac Drive and the Brooklyn Boulevard frontage road through the church property. Said agreement shall address the manner in which this area shall be kept open and maintained: 1-12-95 � 10. The special use permit is granted to the applicant for the expansion of this church facility as provided in the approved site plan. Any other expansions or alterations of this site shall require further amendment to the church's special use permit. 11. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, could be grounds for revocation. 12. The applicant shall share in the cost of repair and upgrading of a drainage outlet pipe serving the north end of this property. 13. The applicant shall provide appropriate on-site sediment and erosion control devices, as approved by the Engineering Department, during the time this project is under construction. 1-12-95 4 Planning Commission Information Sheet Applicant No. 94016 Applicant: Brookdale Covenant Church Location: 5139 Brooklyn Boulevard Request: Special Use Permit/Site and Building Plan Approval The applicant is seeking site and building plan approval and an amendment to their special use permit to construct a 12,500 square foot addition to the Brookdale Covenant Church, 5139 Brooklyn Boulevard. The addition will consist of a gymnasium/recreation area, kitchen, restrooms, entry and narthex area as well as additional classroom space. The new addition will be to the south side of the existing church building. The plan also includes the removal of the church parsonage located to the west of the church building to make room for relocated and additional parking. The property in question is zoned R1 (one-family residence) and churches and their accompanying uses are classified as special uses in this zoning district. The subject site is a triangular shaped parcel located to the south of the Brooklyn Boulevard/TH100 interchange. It is bounded by the Brooklyn Boulevard frontage road on the east; TH100 on the west; and the Malmborg Greenhouse property, which is zoned R3 (multi-residential), to the south. ACCESS/PARKING Access to this property is gained through 3 curb openings off the Brooklyn Boulevard frontage road on the east and from North Lilac Drive on the west. The right-of-way for North Lilac Drive ends at the very southwest corner of the church property, however, a connection from this point to the Brooklyn Boulevard frontage road through the church property has been maintained for over 30 years. In fact, the City has plowed and maintained this area as a public way through the years without easement or dedication of right-of-way. Apparently there was a handshake agreement many years ago for this arrangement as there are no documents to be found that formalize it. The Church intends to modify its parking arrangement with the addition being constructed over a large portion of the south parking lot serving the Church. As mentioned, they plan to remove the parsonage and provide parking along the west side of the church building. The ordinance parking requirement for churches is based on seating capacity, one parking space for every 3 seats. No other parking requirement is applied. It should be noted that additional parking has not been required with other church additions for gymnasium/recreational areas, classrooms and meeting rooms because, generally, these areas are not utilized to a great extent while church services are going on. Conversely, church services are generally not conducted when the other facilities are being utilized. Therefore, the off street parking requirement for the Brookdale Covenant Church is 120 spaces (360 _ 3). The Church has provided us with two parking plans. One is a proof of parking showing the Church's ability to provide a total of 146 parking spaces utilizing all of the church property, meeting zoning ordinances requirements for parking set back and 15' greenstrips off public right- of-way. This, however, would mean that the connection between North Lilac and the Brooklyn 12-08-94 1 Planning Commission Information Boulevard frontage road would be eliminated or severely altered. The Engineering Department has reviewed the necessity for having a public access link between these two points and believes that it is necessary from a public safety (police and fire) standpoint. Also, traffic counts done recently in this area by the Engineering Department indicate traffic, other than church traffic, does make use of this connection between the two public streets. It is not a great traffic volume but it, nevertheless, is used by the general public. The City's options are to acquire this area for purposes of a public street; attempt to construct a street in the TH100 right-of-way with MN/DOT's approval linking North Lilac and the Brooklyn Boulevard frontage road; or work out an agreement with the church to allow public access through this area. The first option would probably mean the church could not build their proposed addition because of potential loss of at least 40, and as many as 80, parking spaces if a full public right-of-way acquisition was required. The second option would be very costly, if it were done. It seems more logical to attempt to work out an agreement that meets both the City's and the Church's needs. The second plan presented by the Church shows a proposal to keep the connection open between North Lilac and the Brooklyn Boulevard frontage road much as it is now, while expanding parking in the area for the Church's use. This proposal shows parking for 126 cars (6 more than required). However, it would contemplate 90° parking directly off the connecting drive and does not provide for the required 15' greenstrip and parking setbacks off the Brooklyn Boulevard frontage road. The Public Services Director has indicated that given the small amount of non-church traffic and emergency traffic utilizing this area, that she can live with this type of parking arrangement. The Church would like to see the City wave the greenstrip requirements on the Brooklyn Boulevard frontage road until alteration to that roadway necessitates them. The Public Services Director has indicated that the City would agree to continue to maintain this area, however, she believes that it should be clearly understood that the City will maintain only that portion open to the public. This will cause the Church to have to plow the area open for parking in the winter time. Other maintenance, such as sweeping would be continued. She also believes the Church should share the seal coating costs in the future. These are matters that can be worked out through an agreement between the City and the Church. The Church's second plan, provided necessary agreements can be reached, does seem to be an acceptable way of approaching the Church's addition. GRADING/DRAINAGE/UTILITIES The Brookdale Covenant Church property is less than 3 acres in area and does not require watershed review and approval. To date, the plans do not contain elevations so that the Engineering Department can evaluate site drainage to any great extent. Drainage for the most part sheds over land to drainage ditches in the Brooklyn Boulevard frontage road right-of-way and the TH100 right-of-way. The Engineering Department reports that there is a 16" corrugated metal drainage outlet pipe at the vary north end of the church property that has been damaged and does not function properly. This should be replaced with an 18" concrete pipe with a catch 12-08-94 2 Planning Commission Information basin to assist drainage from the site. The applicant will need to submit further information in terms of a drainage plan so that drainage can be evaluated. Along these lines we are looking at parking lot improvements, particularly in places where new bituminous will be needed, landscape areas will be placed, or walkways and new parking areas will be provided. As mentioned, the Church proposes that they not be required to add greenstrips until alteration to the Brooklyn Boulevard frontage road would necessitate it. The zoning ordinance requires that all parking and perimeter driveway areas be set back at least 15' from the street right-of-way and that this area be maintained as a landscape or greenstrip area. Also, the zoning ordinance requires that B612 curb and gutter be provided around all driving and parking areas. One of the purposes of the curb and gutter requirement is to assist in providing positive drainage on a site. No storm sewer is located in close proximity to this property, therefore, it will continue to drain, for the most part, into existing drainage ditches. The greenstrip and curb and gutter requirements also provide for aesthetic improvements and protection for landscape, sidewalk and parking areas. The City takes the opportunity to bring sites into compliance with ordinance requirements as much as possible when building additions are made. Parking lot improvements generally require the installation of curb and gutter as part of that improvement. The Lutheran Church of the Master recently added on to its parking lot which required the installation of curb and gutter. They will also be required to make other site improvements as part of their PUD. I do not • believe it is appropriate to forgo all greenstrip and curbing requirements. It may be possible for the Engineering Department to waive the B612 curb and gutter requirement in favor of other comparable curbing, however, curb should be provided as parking protection and around areas where walkways and landscaping are to be provided. Also, it appears that the 15' greenstrip can be provided along the Brooklyn Boulevard frontage road, especially in areas where the parking lots will be disturbed for construction of new parking facilities or where landscape areas are being provided. In reviewing the two site plans submitted, it appears that greenstrips could be provided. The parking lot south and east of the addition could have 15' greenstrips with a loss of only about 3 parking spaces. A one way drive lane east of the building would be appropriate also. It also appears that the parking lot to the northeast of the existing church, which will be modified, could accommodate 15' greenstrips by perhaps eliminating 2 or 3 parking spaces. Additional parking could also be provided in other areas. It should be remembered that the plan calls for 6 parking spaces in excess of the ordinance required 120 spaces. I would recommend that the site plan be modified to accommodate these requirements and further evaluations be done as to where curb and gutter and/or only curbing be installed. LANDSCAPING The landscape plan consists of a proposal to provide 14 shade trees, 18 coniferous trees and 20 decorative trees for a total of 278 landscape points. This site is under 3 acres. Two hundred eighty landscape points would be required for a full 3 acre site. 12-08-94 3 r` Planning Commission Information Landscaping in a mixture of plantings is to be provided at the southwest corner of the site near North Lilac Drive. Shade trees are proposed on parking lot islands in the westerly parking lot as well as along the Brooklyn Boulevard frontage road at the north end of the site. Shade trees are called for as well to the east of the existing building, by the east entrance to the new addition and adjacent to the Brooklyn Boulevard frontage road by the south parking lot. Coniferous trees are scheduled in many of the same areas as well as 6 being provided along the west side of the existing church building, 3 by the east entrance to the new addition and 4 west of the south parking lot. Of the 20 decorative trees, 5 are proposed in the landscape area at the southwest corner of the site, 3 west of the existing church, 2 by the west entrance to the new addition, with the remainder to the east and north of the existing church. The species of trees proposed should be indicated on the landscape plan as well. BUILDING The building elevations show the roof line of the addition to be the same height over the gymnasium and the entrance/narthex area. Ramping and an elevator are proposed to get to the upper narthex area and the classroom areas above it. The entrance/narthex area will be open to skylights. A kitchen, restrooms, conversation area and entrance to the gymnasium are all on the same level. Classrooms and a mechanical room would be above the kitchen, conversation and restroom areas. Some modifications to the upper narthex level area will be done as well with new offices to be provided. The balcony will be removed in the church proper with new slope seating added to the rear in that location. The exterior of the addition will be a brick to . match the existing building. The Building Official is reviewing the plans for exiting and accessibility requirements. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for the special use permit and notices of the Planning Commission's consideration have been sent. Attached for the Commission's review is a copy of Section 35-220, Subdivision 2 of the zoning ordinance which contains the five standards for special use permits. A recommendation to approve assumes that the standards have been met. The addition of a gymnasium, kitchen, classrooms and other amenities being proposed by the Brookdale Covenant Church does not seem to be in conflict with any of the standards for special use permits contained in the zoning ordinance. Some revisions and agreements as to site improvements including greenstrips and curbing need to be indicated on the plans. If these matters can be addressed a favorable recommendation would be in order. RECOMMENDATION If the above matters can be addressed we believe a favorable recommendation could be made to the City Council subject the following conditions: 1. The building plans are subject to review and approval by the Building Official 12-08-94 4 Planning Commission Information with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utilities plans are subject to review and approval by the Engineering Department prior to issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 7. A revised drainage plan shall be submitted for review and approval by the Engineering Department indicating the location of curbing on the site. 8. The plans shall be modified to provide ordinance required 15' greenstrips along the Brooklyn Boulevard frontage road. 9. The applicant shall enter into an agreement with the City approved by the City Attorney, to allow a public way connection between North Lilac Drive and the Brooklyn Boulevard frontage road through the church property. Said agreement shall address the manner in which this area shall be kept open and maintained. 10. The special use permit is granted to the applicant for the expansion of this church facility as provided in the approved site plan. Any other expansions or alterations of this site shall require further amendment to the Church's special use permit. 11. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 12-08-94 5 R5 W.0 AK < - FRANCE ac '` 1 x PC LA CO. R BUROUEST u. �w< ► + i'r '/,•!•,//r!„� �r ��,"'.X`_ x ' 56TH. Aye. 56TH. AVE. N. AgPAP[Kr� ' EOWER iAmr 02 55TH AVE. = 755TH. AVE. 1� f ;ir•y�'i;'i'r:'J�; 54TH. 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N� WAY r J w • • , • � 1 � �E !(estl+t }� jr'f! lFr� �►r'�! �� �j�Fr' r� � a in fr((. yS�at 1[ Saj+• •tp 4 $ fz 1 Li ii � 3F to E � �t�:iiyk ! !• f it j {lt t Pro p t(j j t � ttrkjrgr� sc IL a 0�eO t Ny 4 r� A w.�� I��•� 6 tj • M •M1ML . •'.��' �»,,�•� S4" �ru+' WAY N ice, E N,G,4 �- SAT I i t .I• €I r Uri i t p r p { ri if 531 >E� s x [E try �� } �[it {[[ { *: t [� }iFr• rt F w w r� r 4 ik = tt •°k Ifi a : r[ 1� [ r � �� ••rs k����= t flit frI > �� • c! �j�fiE Mkt Fk��i �F�,`r<z � if�"���,� � Fz [ Hill! �: Er �=e � ir�r � � �.� rr i � s Ir • �� 5<F r we �r 1 SO N a 15 ��� �.1w 1 i N wr7 sm Gal r Section 35-220. SPECIAL USE PERMITS 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 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 ord- inance. 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 connec- tion 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 pro- visions 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 sub- • ject 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 of $15.00. 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 sub- ject property pursuant to such special use permit has not commenced within that time. Ln any instance where an existing and established special use is abandoned for a period of one year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. Planning Commission Information Sheet • Application No. 95001 Applicant: Tharaldson Development Location: 1600 James Circle North Request: Special Use Permit/Site and Building Plan Approval The applicant is seeking site and building plan approval and a special use permit to construct a three story, 60 unit Comfort Inn Hotel located on a 1.027 acre site at 1600 James Circle North. The property in question is zoned C-2 (commerce) and hotels are listed as special uses in that zoning district under the land use designation of "transient lodging". The subject site is located along the westerly side of the east leg of James Circle. It is bounded on the north by the Hardee's restaurant site; on the east by the easterly north/south leg of James Circle with the Days Inn located on the opposite side of that street; on the south by the east/west leg of James Circle with the Olive Garden and Cracker Barrel restaurants located on the opposite side of that street; and on the west by the Earle Brown Bowl. ACCESS/PARKING The plan calls for one access to this site, which will be located at the north_easterly corner of the property. We have requested, and the applicant has provided, that the access be located as far as possible from the James Circle intersection at the southeast corner of the property. • It is at this intersection that access is gained to the Cracker Barrel restaurant and we were concerned with possible congestion problems if another access was established close to this intersection. Parking on the site includes 67 parking spaces with three spaces being for handicapped and are located next to a walk under porte adjacent to the front entrance to the hotel. Three of the proposed 67 units are totally handicapped accessible units. The parking requirement for hotels and motels is one space for each unit plus one space for each employee on any one shift. The applicant has indicated that they would not exceed seven employees on any one shift with management and desk employees and housekeeping and maintenance personnel. The majority of the parking is located east of the main portion of the building, all of which is 90 degree parking served by two way 24 foot wide drive lanes. B612 curb and gutter is indicated around all parking and driving areas and is required around parking protection areas as well. Adequate distances meeting the minimum ordinance requirements for parking stall width and depth are provided. GRADING/DRAINAGE/UTILITIES Curb and gutter is to be provided around all driving and parking areas as previously indicated. Drainage will be collected by three catch basins, two located in the center of the parking lot east of the main building and the third along the south curb line, and then conveyed via 12 inch storm sewer to the existing city storm sewer in James Circle. Sanitary 1-12-95 1 sewer and water lines are shown south of the building to be connected to existing sewer and water lines within the James Circle right-of-way. This site is less than five acres and, • therefore, no watershed commission review and approval is required. The applicant has indicated appropriate erosion and sediment control as part of their grading plan. It calls for the use of a silt fence around the perimeter of the site, the use of straw bales around inlet manholes until the final surface is prepared and a construction entrance to retain soil on site all as requested by the Engineering Department. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This site is a little over one acre (1.027 acres) and requires a minimum of 82.4 landscape points. The applicant's proposal is for 99.5 landscape points, with a diversity of plantings around the site. The plan calls for three Green Ash, one each on the south and west green strips and one at the northeasterly corner of the building. A single White Pine is proposed at the southwest corner of the property. A Techny Arborvitae Hedge, which can reach a height of 4 ft. to 10 ft., is proposed along the south and west green strips to provide screening of parking areas from the public streets. Decorative Hawthorn Thornless Cockspur are proposed for two parking lot island areas, the northwest and southwest corners of the building and seven along the front side (east) of the building. Nine decorative Hicks Yew are proposed for around the trash enclosure and in the front of the building intermixed with low lying shrubs. Fifty-five shrubs are proposed for around the perimeter of the building and include Emerald and Gold Euonymus, Sarcoxie Euonymus, Compact American Cranberry bush, Jackman Potentilla and Broadmoor Juniper. . BUILDING The building exterior is to be drivit or a stucco appearing exterior. Pitched roofs accent the building elevations. The colors, as I understand them, are to be earth tone with a white raised band around the perimeter of the building just above the first floor windows. The building will have a walk under porte supported by columns and is attached to the building at the main entrance. Pitched roofs also accent this walk under porte and entrance attachment. Walkways lead to the parking lots from the building exits on the north and south walls. We have suggested to the applicant that they may wish to pursue having walkway connections to the west to the Earle Brown Bowl site, which contains a restaurant and to the Hardee's restaurant site to the north. This may prove to be convenient for hotel customers. LIGHTING/TRASH The applicant has submitted a lighting plan indicating compliance with the city ordinances. They propose cut off flood lights at a height of 32 'h feet in the two parking lot island areas as well as along the east green strip and south green strip for purposes of illuminating the parking lots. Eleven wall mounted shielded lights at a height of 20 feet are located along the north and west sides of the building. An approximate 21 X 10 ft. trash screening device and 1-12-95 2 J shed are proposed to the south of the building. The exterior material will be the same as the • building exterior. The plans indicate a chain link gate with slats for screening. We have requested, and the applicant has agreed, to provide a wood gate for the trash area for better screening purposes. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for this Special Use Permit and notices have been sent. Attached for the Commission's review is a copy of Section 35-220 containing the five standards for Special Use Permits. The applicant has submitted a letter in response to our request for them to address the Special Use Permit standards contained in the ordinance. Attached for the Commission's review is a copy of a December 27, 1994 letter from Dan Smith of Dan Smith Architect. The letter indicates that they believe this hotel will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. They note that they have 135 motels in a 20 state area and all are well maintained with a good history. They indicate that they believe they have adequate on-site parking with no need for on-street parking. The applicant's representative goes on to indicate that they do not believe their proposal will be injurious to other uses in the immediate area, and also note that many of the surrounding developments are of a similar commercial character, including motels, service and eating establishments. He notes that their heaviest traffic occurs over a two to four hour period in the mornings or evenings, while daytime traffic is light and parking is available for service vehicles. He concludes by indicating that they believe they, in all other respects, conform with the applicable regulations of the zoning district. We do not find any conflicts with the standards for Special Use Permits given the site plan submitted by the applicant. We would concur that the use certainly is compatible with other uses in this area. Public facilities are sized in such a manner as to handle the additional sewer capacity needed for such a hotel. Traffic should not be a problem in this area, given the fact that the applicant has agreed with their plan submittal to provide one access far removed from the James Circle intersection. RECOMMENDATION Altogether the plans and special use permit appear to be in order. Approval is, therefore, recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the Engineering Department prior to the issuance of permits. • 1-12-95 3 4 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which,is subject to Chapter 34 of the city ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as-built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owners shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. The Special Use Permit is granted to the applicant for a 67 unit, three story hotel. Any expansion or alteration of this use shall require an amendment to this Special Use Permit. 13. This Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation, thereof, could be grounds for revocation. 1-12-95 4 •�� //111 �S�Ce � ■ � �nuu ` p11 IIII .' /, IIII////// `` \•`� � _ Y .%/iii//��i/ '+„�'`•,,� �♦�♦�♦� '�.� ■, vim♦ ro FAINI TI Application No.l,..�t 95001 - E4 WA m Alm1♦vim r _ � ` �\ . • BEM® ;? ♦6v. iiiii► V"' Ij���� 1♦ �� �� �� - .GPI, � � ■ t� �� �� MAI MEN � Ili 1-10 u X7 a np 3 Um m o D ar +a nr c r 2 .83' w T3610r w y (D (D 4 IO J T^L by t``✓'-"1 a -'� �--i mN l I 1 $♦ n. s A V s .ao COMFORT tnn p p p 66 LW 0 4y-i• BOOKLYN CE NT6 R.MN. 0 � E ,I I I • i r`1 t7' F i 14 � ) }✓ I it u • e .. H• =r 48.4 I i t •�J' 220.06' S T33'42- E .-Ae E +r — JAMES CIRCLE N. 1 I I I! f < < m (19 m I � i I II I I I I 1 IAA C Q to 16 fft o s3 t � f s s/TNN/NOUs SUAFACC 1"St RAT wi�oi�s T w ST me a AND FA RCP .www wMSr a+wer Y _ �i uw nwauw ai�ei u� � ' Ol 7 1 i K7 n P fT � ti• � � ` __ � rwww rxuw wee � � ��� � � � tE MEAS°• �� � y7'46'E. dw Vows s • rrvc smugly sawn JAMES CIRCLE NOKTHr��L o • T y; m F n Z y o , ; z r < . 0 con � F a o A Y P V H&U-JA ' no l �I �,,Ll L L L L LL L I n 1101111 11101 ; D ' l Z l l ' 6- — — — — — — — — — 'tx�siGc,rwe r [a— — — — — — — — — — — D a b b 7♦ y� I '� 1 Aa Sri n IF PiF: I I m ,l m :r gal I i ; r at • 1 �d 'y � I \ e oo o 9 El I . - W10 3AR ow polt Lr Er R ----°°--------•- a IEE > Ara- z 41 -1 W,I c z m 1 31 11 ca 20 41 .74 Um 5 C: 00-0 MLA TK 7 mm> Og, X0 z I P > ZS s I x 5 . 0 9 - > > 'o Uu 0- 0 fac 9L SaQz — S2 Z. t)jjjj N4 w 55;z, ; I z 0 11 o li C� _j=0 z 0 In Qf O'D < z 'o 0 Ez z > I LA Lo OD ol i I i ii f 77 3 � ® i 3 i •G; � i E •i t ; 8 fi 3 S i i : 3 3 5 fr 3 S 3 5 5 5 5 3 i � ss tsi 3sESt s : a • n i s` • � � s• _;4 ��N� � � Nag r n 99`9 •29�it�1 :J r � ;o UDiNt;PNITIO[ZS rTfotjD�C�?�f Y_;S 2y •f� 1/-�� � fc�A �� Oo_9�N�eN� O C O ?jig €C 5; 3�j 4=c:: a �I Y . r D o CIS ell Yd q y van \\�l M�-IS i•V.Yi ID z ! it 9 B 1 x OWN y if O © 00 2 OAR g a. 1111f-1 Oak, r ,r z � "F � �__,__� �� � rte-► 0 • T Y 3. srie• SA• i r ► ; f " " S 0 k=4 FT r A p; T X wi r !V 9* 4a-3' E D �8 O I '� W .0 c i r � m u j —i ® on oB I i I � oe a®o j I r I I rn a I m ? �B IO oe � m OR � I F I m 0 08 -o i -4 O8 I I i 0 j i a a e �. � I oe � g OR 10E m BI � i j ® � 3 m Im oe �o I � yr lllryn�I Y k 0 I O L i m g Y 0 ja® I� A L B N 0 �A o8 N �� I !'L I m I C� N OR , V' m an� m 0 I �R I N d m. m B • I > QT P i m 4 A 7 t 08 z T 08 I m I a oB jo ar o a� I g '� u BI 3 - �c I c I I I � s � I r I I �Al �o g OF] O j ( I o8 I n�� �rn -----�-- I m D B C 08 � MT M ss D Z Z m am r pP �a Y ii[—T p p z a z pmm n N �O { m $ o y cT m f INIII 3m #, 11 J>r 3t -4 m iDi m< pDi r:z s � Section 35-220. SPECIAL USE PERMITS 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 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 ord- inance. 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 connec- tion 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. S. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the pro- visions 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 sub- • ject 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 of $15.00. 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 sub- ject 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 year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. DAM WITH - ARCNITCCT 205 NE 3 * BOX 536 • VALLEY CITY, NORTH DAKOTA • 58072-0536 VALLEY CITY: (701) 845-2718 �20 36TH STREET SW 0 FARGO, NORTH DAKOTA a 58103 FARGO: (701) 235-1167 December 27, 1994 City Council City of Brooklyn Center Brooklyn Center, MN 55430 Re: COMFORT INN MOTEL James Circle North Brooklyn Center, MN Dear City Council: • This letter is in response to a request for us to address concerns regarding standards for the special use permit for this project. The items as listed under Section 35-220, paragraph 2 find the following: (a) This 60 unit motel will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals or comfort because this vacant lot will be changed into a neat and orderly piece of neighborhood property. The owner's have some 135 motels in a 20 state area and all are well maintained and have past history of peaceful, orderly change to the area they occupy and the surrounding neighborhood. Traffic in and out of the site occurs over a period of time and adequate parking will be provided on site with no additional street parking. Public health, safety, morals and comfort will be enhanced by a motel operation that promotes these same values for the good of its visitors. (b) This special use will not be injurious to the use and enjoyment of other property in the immediate vicinity as the quality of the building together with landscaping will provide a pleasing, restful atmosphere. This will match or encourage immediate vicinity to upgrade their premises, thereby improving property values. Landscaping will be more than adequate and meet all code requirements, including screen treatments. REGISTERED ARCHITECT - NCARB Certified (c) This special use will not impede the normal and orderly development and improvement of the surrounding properties. Many of the surrounding developments in place are of similar commercial character such as motels, service and eating establishments. (d) Adequate measures will be taken to provide ingress, egress and parking and will be so designed as to minimize traffic congestion for the public streets. Two ingress/egress will be provided to balance traffic movement for the 67 required on site parking spaces. Heaviest traffic occurs over a 2 to 4 hour period in mornings and evenings. Daytime traffic is light and parking area is available for service vehicles. (e) In all other respects, this special use will conform to the applicable regulation of this district. With the above in mind and after review of the plans and specifications for this project we request that a special use permit be granted by the City Council. Should further issues arise please contact the Owner/Developer or myself. cer�ely�, Dan Smith R.A. #12655 • DAN SMITH ARCHITECT DS/ld cc: Tharaldson Development File