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HomeMy WebLinkAbout1995 06-15 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JUNE 15, 1995 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - May 25, 1995 4. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's function is to hold public hearing. 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. Brookdale Covenant Church 94016 Request for Special Use Permit and Site and Building Plan approval to construct a 12,500 sq. ft. recreation area addition to the existing church located at 5139 Brooklyn Boulevard. This matter was first considered and tabled by the Planning Commission • on December 8, 1994 and was rescheduled for Commission review on January 12, 1995 at which time the applicant requested the matter be tabled. It is now before the Commission with a revised plan for disposition. 6. Other Business 7. Adjournment ilop r i Planning Commission Information Sheet Application 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 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 ft. of right-of-way with a 24 ft. wide surface. In addition, a 15 ft. green strip would need to 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. 6-15-95 1 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 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 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 Commission and a final determination by the City Council. These matters were all conveyed to representatives of the church, and they have responded with a revised plan. The parking lot layout is somewhat different than that previously reviewed particularly at the very north end of the site. The plan also reflects the true conditions for the drop off area along the northside of the church. Their plan calls for 121 parking spaces, which is one more than required for the 360 seat church building. Landscaping has been revised based 6-15-95 2 on changes to the parking area and amounts to the same as previously provided. Fifteen foot greenstrips are provided along the Brooklyn Boulevard right-of-way. Curb and gutter is to be included around the parking lot protection areas and where the 15 foot greenstrips are to be added. The revised plans are in order. 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 City Engineer 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. 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 and shall be filed with the title to the property prior to the issuance of building permits. 8. 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. 9. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, could be grounds for revocation. 10. The applicant shall share in the cost of repair and upgrading of a drainage outlet pipe serving the north end of this property. 11. The applicant shall provide appropriate on-site sediment and erosion control devices, as approved by the City Engineer during the time this project is under construction. 6-15-95 3 � ,Ap►1 1r w' I e e"",� t f I ........... tp ,YO 4 i �...•- ; s .. '5 - p , w t• Si r _ � a r , d 00 i J\ s - te ,• 'a':� o_ !fit r I ~ pp at♦ zi Aft w • o s w « t Planning Commission Information Sheet M 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- 6of--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 Eineering has reviewed the necessity for'having a public access link between these two points anbel eves that it is necessary from a public safety (police and fire) standpoint. Also r 1?o traffic recently in this area by the Engineering Department indicate traffic, Other than church counts 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 Purpo a street in the TH100 right-of-way with MN/DOTsss approval al 1 nkingtNorth Lilaccand pct 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/DRATTVAGE/ ILITIES 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 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Site lighting shall comply with Section 35-712 of the City ordinances and shall not cause glare beyond the boundaries of the property. 9. The landscape plan shall be modified in the following manner prior to approval by the City Council: a. To show all proposed landscaping on the landscape plan. b. Provide an additional 13.5 landscape points consistent with the landscape point system. Voting in favor: Chairperson Wilson, Commissioners Booth, Hilstrom, Holmes, Reem, and Mickelson. The motion passed. The Secretary noted that the application will be referred to the City Council at the December 19, 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to City Council consideration, they may have to be brought back before the Planning Commission for review. . APPLICATION NO. 94016 (BROOKDALE COVENANT CHURCH) Chairperson Willson introduced the next item of business, a request from Brookdale Covenant Church 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. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94016, attached). Commissioner Mickelson asked that the species of trees that were to be included in the landscaping plan and also the required replacement of 18" concrete pipe with a catch basin be included in condition 2. He asked if the City Attorney had given an opinion regarding the public way connection between North Lilac Drive and the Brooklyn Boulevard frontage road through the church property. He also asked if land irrigation on this property could be required. The Secretary noted that land irrigation on church properties could be recommended but not required. He stated that the City Attorney had not been involved thus far as there had not seemed a need for legal advise. Commissioner Holmes asked if the proposed Hwy. 100 expansion would have any effect on this project. The Secretary explained that the Hwy. 100 would only be extending north on Hwy. 100 to 51st Ave. so it would not effect this project. 12-8-94 4 r PUBLIC HEARING (APPLICATION NO 9401 6) Chairperson Willson asked for a motion to open the public hearing on the request from Brookdale Covenant Church at 8:47 p.m. There was a motion by Commissioner Mickelson and seconded by Commissioner Booth to open the Brookdale Covenant Church public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Mr. Wayne Westberg, Chairman of the Building Committee, Brookdale Covenant Church, stepped forward. He explained that the time line for the proposed addition, pending congregation approval of final proposal, is for construction to start in spring of 1995 and be completed in fall of 1995. He then introduced Steve Erban, the Architect working on this project. Mr. Erban presented exhibits of the finished proposed addition to the church. He pointed out the proposed signage on the large gym wall of the church. He explained that through negotiations, he and Mr. Westberg had been working with the city to retain the public access through the church property. He explained that at this time, he did not know who owned the culvert in question, so no decisions have been made on that yet. He stated that they are agreeable to the 15' setback green areas but do not think there is enough room for this on the side near the Brooklyn Boulevard Frontage Road. Commissioner Mickelson asked if it would be acceptable to them to install underground irrigation in the proposed green areas. Mr. Erban stated that this would not be necessary, as there were so many hard surfaces surrounding the green areas that the water naturally went to the green areas. The church would agree to physically maintain the green areas, if necessary. Commissioner Reem asked what would be done with the parsonage. Mr. Westberg stated that there has been discussion of moving the structure to another building site. Commissioner Mickelson asked who owned the 16" drainage outlet pipe that needed to be replaced. The Secretary explained that it was his understanding it was located on church property and that the pipe served to drain the church parking lot. He explained that for many years the City has maintained the connection between North Lilac Drive and Brooklyn Boulevard Frontage Road as a public way. If the City could reach an agreement with the Church to maintain this agreement, the church could then put 90 degree parking off of that strip. He explained that there is a low traffic volume there and the main reason to keep it open would be for public safety purposes. 12-8-94 5 The Secretary asked Mr. Erban to submit a more detailed drainage plan and also determine where curbs, and walkway areas would be. He advised Mr. Erban, that if the proposed sign did not meet the sign ordinance, he would have to apply for a variance. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Mickelson and seconded by Commissioner Booth to close the public hearing at 9:06 p.m. The motion passed unanimously. Chairperson Willson stated that the application should be tabled until the next Planning Commission meeting so the members would be able to study the proposed plans and see which would work best. Commissioner Booth agreed stating that he would like to obtain the City Attorney's opinion regarding the access agreement. He also was concerned with the safety of the 90 degree parking. The Secretary explained that the first discussion with the Church regarding this project had been three-four months earlier. The Church wanted to bring their congregation a more complete plan. The Planning Commission has up to 60 days to review a special use permit or a site plan. • Mr. Westberg explained that the congregation annual meeting s scheduled for January 4 g azY 1995. This is when the budget is determined and direction is set for the year. Commissioner Booth explained that there were too many inconsistencies to recommend approval of the building site plan at this time. The Secretary suggested that the Church could set the budget without Planning Commission recommendation and approval, subject to Planning Commission approval. The items to be determined were not significant in terms of cost. Mr. Erban expressed concern and asked specifically why the request was being tabled. Chairperson Willson stated that page three,items one;two and three were in question. He stated that the addition of a sign variance request had been made. The B612 curb and gutter, the north culvert and the second site plan were all in question. The Commission would also like to obtain the opinion of the City Attorney regarding the access agreement. Commissioner Hilstrom stated that she was also concerned with the safety of backing out of the 90 degree parking slots into the public access area. Mr. Erban stated that this type of parking area is used all over the State of Minnesota and the Midwest. 12-8-94 6 ACTION TO TABLE PLANNING APPLICATION NO 94016 (BROOKDALE COVENANT CHURCH) UNTIL JANUARY 12 1995 There was a motion by Commissioner Booth and seconded by Commissioner Mickelson to table of Application No. 94016 submitted by Brookdale Covenant Church 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 to the Planning Commission Meeting of January 12, 1995. Voting in favor: Chairperson Willson, Commissioners Hilstrom, Holmes,Booth, Mickelson, and Reem. The motion passed. TAX INCREMENT FINANCING PLAN Chairperson Willson introduced the next item of business, Resolution of the Brooklyn Center Planning Commission finding the establishment of the Tax Increment Financing District No. 03 (A Redevelopment District)and the Modification Housing Development and Redevelopment Project No. 1 and the adoption of the Tax Increment Financing Plan and Redevelopment Plan relating there to be consistent with the Comprehensive Plan of the City. The Secretary presented the staff report, used overhead transparencies to show the location and detail. The Secretary explained that the staff believes that the establishment of the Tax Increment Financing Districts and the adoption of the Tax Increment Financing Plan are consistent with the City's Comprehensive Plan. He explained that any projects associated with the Tax Increment Financing Plan will still have to come before the Planning Commission for plan review and approval. Chairperson.Willson asked what type of development or redevelopment the financing would be used for. Jerry Splinter, City Manager, stated that the Willow Lane Apartments were originally designated to be redeveloped to Senior Housing. A market study was done and it was determined by the City Council that this would be too risky. He explained that a minimum of 15% of the Tax Increment Funds had to be used for redevelopment. The balance can be used for other projects. He stated that the City's intention of establishing the Tax Increment Financing District had been sent to all four Independent School Districts. Meetings have been held with the Brooklyn Center School District official and a satisfactory agreement has been reached. The other three school districts have not responded. Commissioner Holmes inquired as to the process of the Tax Increment Financing. 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G tz a 3 Stir S ie t: tit to 1fZIr� f ' i�t a.i[ fifas sjs'tifj 4` #} s r !! �jiffFf�' € fkF E l§ }- r ��a r� !� j fr• rte flit tz[` fr fair+ [ f♦♦ilr o rr flfii t€ �I rf[ �[f'� r�1. ' •tit J �r� of {a{Far�t t�rk�tpplr jr I t:fta r�t [te rrf� i rlfkr:{} !r i I i 1 \ ��F a` d y$rCsM'a. 1 o.. 1.0 a ffd� M N 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. 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. I • •