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Home My WebLink About1996 07-25 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JULY 25, 1996 STUDY SESSION 1. Call to Order 2. Roll Call 3. Approval of Minutes -June 11, 1996 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. 5. Phillips 66 Company 96009 Site and Building Plan/Special Use Permit approval to build a convenience store/gas station at 6901 Brooklyn Boulevard • 6. Phillips 66 Company 96010 Request for a variance from Section 35-700 of the Zoning Ordinance to allow less than a 15 foot greenstrip along 69th Avenue North and along Brooklyn Boulevard. 7. T.G.I.Friday's, Inc. 96012 Request for Rezoning and Site and Building Plan approval through the Planned Unit Development (PUD)process for the development of a hotel and two restaurants on vacant property located on the north side of Freeway Boulevard. 8. Cross of Glory Lutheran Church 96013 Request for Site and Building Plan approval and a Special Use Permit to construct a 6,810 sq. ft. fellowship hall addition to the Cross of Glory Lutheran Church, 5929 Brooklyn Boulevard. 9. Other Business 10. Adjournment • Planning Commission Information Sheet Application No. 96009 Applicant: C. M. Group, Inc. (On behalf of Phillips 66 Company) Location: 6901 Brooklyn Boulevard Request: Site and Building Plan/Special Use Permit The applicant, C. M. Group, Inc. on behalf of Phillips 66 Company, is seeking Site and Building Plan approval and a Special Use Permit to construct a convenience store/gas station at 6901 Brooklyn Boulevard. The property in question is zoned C-2 (Commerce) and is the site of a former gasoline service station which was demolished in 1994. The property is bounded on the north by C-1 and C-2 zoned property containing a non-conforming single family residence; on the east by Brooklyn Boulevard; on the south by 69th Avenue North with a convenience store/gas station/car wash and the U. S. Post Office on the opposite side; and on the west by the Northwest Residence group home, which is zoned R-4 (Multiple Family Residence). Gasoline service stations and convenience stores at gasoline stations are special uses in the C-2 zoning district. Gasoline service stations are not permitted to abut R-1, R-2, or R-3 zoned property including abutment at a street line. No such abutment exists in this case due to the replatting of this property and the C-1 zoned property to the north in 1993-94 that eliminated the property line abutment with an R-1 zoned parcel westerly of this site. • BACKGROUND The Phillips 66 Company was granted a Special Use Permit and Site and Building Plan approval (along with a Variance) in 1993 to build a gas station/convenience store/car wash at this same location. After demolishing the existing service station in 1994, Phillips 66 decided not to proceed with that plan and are now submitting a revised plan for a gas station/convenience store with no car wash. Attached for the Commission's review is a copy of City Council Resolution No. 93-34 dated March 8, 1993 that rescinded City Council Resolution No. 92-267 and approved Planning Commission Application No. 92001 and 92003 submitted by Phillips 66 Company. That resolution approved the Phillips 66 proposal and granted a variance from the greenstrip requirements in Section 35-700 of the Zoning Ordinance. That approval becomes a basis for the consideration of the revised plan submitted by the applicant at this time. This application was scheduled for consideration and a public hearing at the Planning Commission's July 11, 1996 meeting , but was tabled because the plan submitted did not reflect the property lines established by the existing plat for this property. Specifically, 18 ft. of additional right-of-way along 69th Avenue North was not taken into consideration. The applicant has since modified the plan so the matter is again before the Planning Commission. It i 7-25-96 Page 1 should be noted that the approval of Planning Commission Application No. 96010 requesting a • variance from the 15 ft. greenstrip requirements is essential to this plan. (Note: A full review of that application can be found with the Planning Commission Application Sheet for Application No. 96010.) ACCESS/PARKING The proposed plan calls for two accesses, one on Brooklyn Boulevard at the northeasterly end of the site and the other on 69th Avenue North at the southwesterly end of the site. Currently there are four curb cuts serving the property. The two accesses closest to the intersection of Brooklyn Boulevard and 69th Avenue North will be closed. The northerly access on Brooklyn Boulevard will be in approximately the same location as existing, while the westerly access on 69th Avenue North will be shifted slightly to the east to line up better with a Post Office access on the other side of 69th Avenue North. Alterations to the accesses must be done through a permit process with Hennepin County as both Brooklyn Boulevard and 69th Avenue North in this area are County roads. The plan calls for a 2,775 sq. ft. convenience store, which requires a need for 15 parking spaces based on the ordinance required parking formula for retail sales of 5.5 parking spaces per 1,000 sq. ft. of gross floor area. The plan shows 16 parking spaces including one handicap space and requests that it be given credit for eight parking spaces at the four pump islands. It is recommended that the existing plan be modified to eliminate one parking space located in the • greenstrip northerly of the north access and to eliminate one of the two parking spaces shown at the southwesterly corner of the site. It is believed that the elimination of a parking space in this particular location is needed to provide more space around the pump island area. Also, it is recommended that the four spaces shown on the southerly end of the site be shifted in order to provide a minimum of a five ft. greenstrip. (Note: The previously approved greenstrip variance for this site retained a minimum five ft. greenstrip along 69th Avenue North. We do not recommend a lesser greenstrip in this location so that it would be consistent with the previously granted variance.) With these modifications the plan would provide for 14 parking spaces in various locations. We believe it is possible to give the applicant credit for at least one parking space at the pump island, but not eight spaces, based on the policy of doing so where the requirements for a parallel parking space can be accommodated. The plan also calls for a 30 ft. by 93 ft. 6 in. canopy over four pump islands to the south of the building. The plan indicates the path through the site for gasoline transports filling the various underground storage tanks located southerly, of the pump island area. The site will be tight, but should provided adequate parking and circulation on the property. 7-25- 96 • Page 2 GRADING/DRAINAGE/UTILITIES The plans submitted indicate that the site will drain partially to the northeast and partially to the southwest. The applicant proposes to provide trench drains at the two access points to the site which will collect water and then convey it to the storm sewer. The plan also shows a drainage swale located in the landscape area at the southeasterly corner of the site. B-6123 curb and gutter is required around all driving and parking areas as well as around the concrete walkways by the building. The plans do not indicate B-612 curb and gutter but the applicant is well aware of the requirement and a typical condition noting this requirement should be sufficient. The plan does not indicate the location of utilities. It should be noted that water and sewer services exist in both Brooklyn Boulevard and 69th Avenue North. The City Engineer will be reviewing this plan and any utilities and drainage problems will need to be addressed to his satisfaction. This site is less than .5 acres and does not require Watershed Management review and approval. LANDS CAPING/SCREENING The applicant has provided a landscape plan in response to the landscape point system utilized by the Planning Commission for making recommendations with respect to landscape plans. This approximate .5 acre site requires a minimum of 80 landscape points. The total point value of the landscape plan submitted is 111 points, well in excess of the minimum required. The plan calls . for three Bergeson Ash,two to be located either side of the parking area at the southeasterly side of the site and one along the Brooklyn Boulevard greenstrip north of the northerly access (in an area recommended to be expanded by eliminating one parking space). Six Flowering Crab and three Japanese Tree Lilac (decorative trees) are located along Brooklyn Boulevard and 69th Avenue North. Three of the crab are southerly of the Brooklyn Boulevard access and the other three are at the very southeast corner of the site. The three Japanese Tree Lilac are indicated westerly of the 69th Avenue North access but may have to be relocated so that they are located on the applicant's property. Five Black Hills Spruce are also provided at the southeasterly corner of this site in the same general vicinity as the Flowering Crab. These also may need to be relocated so that they are on the applicant's property. Shrubs such as Bush Honeysuckle, Emerald Spreader Juniper,Dwarf European Cranberry Bush, Goldflame Spirea, Goldfinger Potentilla, Fleece Flower and Goldmond Spirea are located throughout the site primarily on the greenstrip and landscaped areas. No plantings are located around the perimeter of the building. It is recommended that the applicant add trees such.as Black Hills Spruce in the sodded area located to the north of the building. - The plan also provides for extensive screening particularly along the west side of the property. A combination eight ft. high brick wall and wood screening device is shown along the west and north side of the building. This is in keeping with the required screening comprehended under the previously approved plan for this site. A six ft. high opaque fence is located along the north • 7-25-96 Page 3 property line between the building and the Brooklyn Boulevard right-of-way area to provide some additional screening for the non-conforming single family home to the north. Another feature of the screening plan is a three ft. high brick retaining wall to match the brick of the building and the brick proposed for the eight ft. high screen wall. This feature will be located where the applicant proposes to have virtually no greenstrip along Brooklyn Boulevard. This too is consistent with the features provided when the City Council in 1993 granted a greenstrip variance for this same applicant with the previous plan. BUILDING/CANOPY The building is 2,775 sq. ft. and consists of a convenience store only containing a sales and display area, walk-in cooler, storage area, handicapped restrooms, office and small food preparation area. The building is set back as close as three to five feet from the westerly property line. Such a setback is allowed under the City's Zoning Ordinance provided there are no doors or openings and the building wall conforms in all respects with the requirements of the State Building Code. The plans show rock mulch between the building wall and the brick screening fence. It is recommended that rather than rock mulch,this area be concrete for maintenance purposes. The exterior of the building is a beige brick with an eight inch soldier course of brick around the building about three feet above ground level. A four ft. high EIFS drive-it facing is around the top of the building. The front(south) elevation contains thermo glass display windows with anodized aluminum frames. Spandrel panels are located on the lower three feet of the display windows between the entrance/exit doors. The plan shows a ten inch illuminated • stripe around all four sides of the building with decorative light fixtures. I question the need for this lighting especially on the westerly elevation abutting the residentially zoned property and where only a three ft. building setback is provided. I would recommend the elimination of the lighting and illumination stripe on this wall particularly. The remaining illuminated stripe will have to be.calculated as part of the allowable wall signery for this building and the area must be consistent with the sign ordinance requirements. - i The canopy, as previously mentioned, is 30 ft. by 93 ft. 6 in. covering the four pump island dispensers. The height of the canopy is 14 ft. clear with an additional four foot prefinished metal fascia. The fascia of the canopy will be painted bronze with a red stripe. We have indicated to the applicant, and he has acknowledged,that the fascia of the canopy cannot be illuminated. We assume the canopy will contain lighting to light up the pump island area. Our concern is that any lighting in the canopy be shielded and directed downward to avoid glare. The illumination plan does not indicate canopy lighting. 7-25-96 • Page 4 • LIGHTING/TRASH The lighting plan indicates five freestanding light poles at various locations around the perimeter of the property. These lights should be shielded and directed downward to avoid glare. As previously indicated, decorative wall mounted lighting is provided. However, it is not recommended along the westerly side of the building. A six ft. by ten ft. trash enclosure is located to the north of the building. The enclosure is proposed to be a cedar fence, similar to the six ft. high cedar fence provided along the north portion of the property between the building and Brooklyn Boulevard. SPECIAL USE STANDARDS The proposed gas station/convenience store is a special use under the provisions of the City' Zoning Ordinance. As such, it must meet the five standards listed in Section 35-220, Subdivision 2 of the Ordinance (attached). The proposed service station should enhance the general public welfare and should not be detrimental or endanger the public health, safety, morals or comfort. We do not believe the service station will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor will it substantially diminish or impair property values within the neighborhood. The establishment of the service station will not impede the normal and orderly development and improvement of • surrounding property for uses permitted in the district. The service station development is consistent with the approval granted by the City Council in 1993 for this same site. Adequate measures have been or will be taken to provide proper ingress, egress and parking so designed as to minimize traffic congestion in the public streets. The service station will have to conform to applicable regulations of the C-2 zoning district. This cannot be accomplished unless the setback variance sought under Planning Commission Application No. 96010 is also granted. Approval of this application is dependent upon a favorable action on that application. It should be noted that the same variance was granted by the City Council under the approval of the site plan for this previous application and is a substantial precedent for granting this variance. A public hearing has been scheduled and notices have been sent. RECOMMENDATION Approval of this application is contingent upon approval of the accompanying variance request. Based on the previous City Council approval,.we would recommend that the application be approved subject to the following conditions and considerations. 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. • 7-25-96 Page 5 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 based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facility and rooftop or on ground 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. B-612 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 owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage system prior to the issuance of permits. 11. A Special Use Permit is granted to Phillips 66 Company for a gas station/convenience store at 6901 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require an amendment to this Special Use Permit. 12. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. The plans shall be modified prior to the issuance of building permits to indicate: a. A concrete surface rather than rock mulch along the westerly side of the building between the building wall and screen fence. i 7-25-96 . Page 6 • b. The relocation of four parking stalls along 69th Avenue North so that a minimum five ft. greenstrip is provided. c. The elimination of one parking space at the southwesterly portion of the site. d. The elimination of one parking space at the northeasterly part of the site and the replacement of that parking space with landscaping. e. The elimination of decorative lighting and a ten inch illuminated stripe along the westerly building elevation. f. The relocation of all landscaping so that it is contained within the boundary of the property and not located in the boulevard right-of-way area. g. The addition of three Black Hills Spruce on the north side of the building in the sodded area. 14. Approval of this application is contingent on the approval of Planning Commission Application No. 96010 authorizing a variance from the greenstrip requirements contained in the Zoning Ordinance. i 7-25-96 Page 7 i ', Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION NO.93-34 RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 92-267 AND APPROVING PLANNING COMMISSION APPLICATION NO. 92001 AND 92003 SUBMITTED BY PHILLIPS 66 COMPANY WHEREAS, Planning Commission Application No. 92003 was submitted by Phillips 66 Company originally requesting a variance from Section. 35-400 of the Zoning Ordinance at 6901 Brooklyn Boulevard to allow a building setback of 28 feet rather than 50 feet from the Brooklyn Boulevard right-of-way; and WHEREAS, said application was submitted in conjunction with two other applications also submitted by Phillips 66 Company, Application No. 92001 which involved a request for a special use permit and site and building plan approval and Application No. 92002 . which involved a request for preliminary plat approval to transfer a triangular shaped portion of the property to a neighboring parcel of land; and WHEREAS, Application No.'s 92001, 92002, 92003 were all tabled by the City Council, with the applicant's consent, on February 10, 1992 to study possible ordinance amendments and to address redevelopment issues on Brooklyn Boulevard; and WHEREAS, In October, 1992 the applicant revised its site plan under Application No. 92001 by re-arranging the building location and revised its variance proposal under Application No. 92003 by abandoning the building setback variance request and instead requesting a variance from Section 35-700 of the Zoning Ordinance to;allow a greenstrip,less than 15' from the Brooklyn Boulevard and 69th Avenue rights-of-way; and WHEREAS, after reviewing the revised proposals the City Council on November 23, 1992 adopted Resolution No. 92-267 which made certain findings and denied the requested variance under Planning Commission Application No. 92003 submitted by Phillips 66 Company on the basis of those findings; and WHEREAS; the City Council has received the Brooklyn Boulevard redevelopment study which was prepared by the consulting firm of Dahlgren, Shardlow, and Uban, Inc. (DSU) which makes certain recommendations that affect the redevelopment of 6901 Brooklyn Boulevard; and WHEREAS; the City Council desires to rescind Council Resolution No. 92-1-67 and reconsider the grcenstrip variance requested under Planning Commission Application No. 92003. RESOLUTION NO. 93-34 NOW, THEREFORE, BE IT RESOLVED Eby the City Council of the City of Brooklyn Center to rescind City Council Resolution No. 92-267 and grant site and building plan approval and a special use permit to construct a gas station/convenience store/car-wash at 6901 Brooklyn Boulevard subject to the following conditions: 1. The recommendations contained in the Brooklyn Boulevard redevelopment study prepared by DSU give cause for the reconsideration of the greenstrip variance comprehended under Planning Commission Application No. 92003. 2. The City Council finds that the standards for variance contained in Section 35- 240, subdivision 2 of the Zoning Ordinance are met in that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that they would not be able to develop the property in a reasonable manner. 3. The granting of the variance is conditional on the applicant providing the following: a) An 8' high brick wall along the west property line; and b) A brick exterior to the proposed building and car wash; and C) A brick wall along Brooklyn Boulevard matching the brick of the building and the wall along the west property line; and d) The 'three (3) parking spaces located in the southeast corner of the property be treated as proof of parking and further that the same area be included in the landscape plans submitted for the site; and e) A corner landscape node be created to include seating for pedestrians; and f) All building materials and landscape plans to be used in compliance with the terms and conditions of the variance be approved by the Director of Community Development 4. Building plans are subject to review and approval by the Building, Official with respect to applicable codes prior to the issuance of permits. 5. Grading, drainage, utility and burning plans are subject to review and approval by the City Engineer, prior to the issuance of permits. RESOLUTION-NO. 93-34 i 6. 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 approved site improvements. 7. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 8. 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. 9. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 10. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 11. B612 curb and gutter shall be provided around all parlang and driving areas. 12. The applicant shall submit an as-built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 13. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 14. The special use permit is granted to Phillips 66 Company for a gas station/convenience store/car wash at 6901 Broollvn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require an amendment to this special use permit. 15. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 16. The replat of the property containing the dedication of 18' of right-of-way along 69th Avenue North shall receive final approval and be filed at the County prior to the issuance of permits. RESOLUTION NO. 93-34 17. The plans shall be modified prior to the issuance of building permits to indicate: a. A connection of the two trench drains adjacent to the car wash to the storm sewer system. b. The canopy shall have no illumination band on the sides. C. The triangle of land to be transferred to the neighboring property to the north shall not be fenced into the Phillips 66 site, though it must be landscaped and maintained by Phillips until a new owner is present. March 8, 1993 Date Mayor ATTEST: L Deputy Clerk The motion for the adopting of the;foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof:. 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(e•t �� BI3 IT 1 `Y..CD W Ofd O M, O /i % \§ ' [}. to §§, ± s ee• ® �o AIL \ \ wi z ] [ 4 ƒ| � •' , t / _ ; cr! � Q ; ! d �� q! § ( ! )[ � § jmI % is »a 2 \\ 1------• I , •� Q / :�--- 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. • Planning Commission Information Sheet Application No. 96010 Applicant: C. M. Group, Inc. (On behalf of Phillips 66 Company) Location: 6901 Brooklyn Boulevard Request: Variance The applicant is requesting a Variance from Section 35-700 of the City's Zoning Ordinance to allow less than a 15 ft. greenstrip as part of their development plan comprehended under Application No. 96006. This application is a companion to that application and comprehends the proposal for 6901 Brooklyn Boulevard. The applicant has not submitted any written information with respect to this application and relies on the fact that the City Council on March 8, 1993,under Resolution No. 93-34, had granted identical variances for a similar proposal to that being proposed under this application. The applicant has also indicated that the City Council on July 26, 1993 granted a variance from the same provisions of the Zoning Ordinance to allow for a greenstrip less than that required by the City Ordinance for Mr. Randy Rau for the property located at 6849 Brooklyn Boulevard. That variance had been granted because of the precedent in granting the variance to Phillips 66. The arguments made for the variance are quite simple, that being the previous precedence for the same variance request and a similar variance granted to a neighboring and similar property. • The variances granted acknowledged the irregularly shaped parcels and noted that to deny the variance would create a hardship to the applicant in that he would not be able to develop the property in a reasonable manner. The City Council also, under Resolution No. 93-34, acknowledged this same fact. Attached for the Planning Commission's review is a copy of Section 35-240 Subdivision 2 of the Zoning Ordinance containing the standards for variances. Variances from the literal provisions of the Zoning Ordinance can be granted in instances where the strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. All four of the variance standards must be met. Again,the basic argument is that this variance has been granted in the past and the circumstances under the current application are the same. A public hearing has been scheduled and notices have been sent. It is recommended that the Planning Commission hold one public hearing for both the Special Use Permit under Application No. 96009 and the Variance under Application No. 96010. RECOMMENDATION • 7-25-96 Page 1 Based on the previous granting of an exact variance, it is recommended that the Planning . Commission recommend approval of Application No. 96010 acknowledging that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that they would not be able to develop the property in a reasonable manner. 7-25-96 • Page 2 • �y1 �y W y1 W y� 4. r. PERRY CT. F- 2. PERRY CT. 'I. / i/♦( . PERRY Pl. F- 4. aRQ AM Pl. I IMAM n PL. 6. QUAIL CIR 7. QUAIL Z' I L'1 ,' nJE ' I I I " r000erArF , _ o 2N0 LA. �•' is ,� fl� o A� z VE IQLET N W tea\ 1 •7[ G = � P ,4,- rn I Z 715T.1 ' � 1 AYE N. ' AYE. N. 2 > l I I Sam `' PLANNING COMMISSION , y� , r� APPLICATION: 96009 & 96010 �•--- ` ' ��"� ' ; 1 ' 70THi AVE. N. AYE � y L�J C Ei:EH li: (� 687H. AVE. N' 2s I PUT 2><I (/'�/�y� �� ? I � •\CRIIES� � � !>� anew R2 V- r A- 57TH. AVEI ---J ( `\ SR A X'�'�, I I 116bIH 'AYE. v: ! I f 1 I �; 1 . �. 66i�+. AYE. r.� ` � I � \ �6TN., LI ! I�NWESic4'LA. ! I ' :, I ; � �� %< � �T i i�I�� ,y: i ' CI � �•'f ��I I I { I I sr�.'AGE: �. ; � i l ! ; i ��,��',�t o I I I I 1 I i ;! ,a's�+ I I_'A��' � I.v i � Rs ;< �•'_� �-=— RSV � ;! "'� 54iei AVE.� _�I ! �jCj m� 1 r�il I 164TH A� bit. IxAgr 7777= Ix STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY nyone contemplating a request for a variance from the Zoning Ordinance should consult with the tanning staff, prior to submitting an Application to the Board of Adjustments and Appeals, for the purposes of familiarization with applicable ordinance standards and evaluation of the particular circumstances. A prospective applicant will provide documents and information, as requested by the Secretary, to the Board of Adjustments and Appeals or to the City Council. An application must be submitted fourteen (14) days prior to the regular meeting of the Board. In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the City Council will have the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate cause of the hardship; circumstances caused by the property owner or his predecessor in title will not constitute sufficient justification to grant a variance. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Board will not recommend and the City Council will in no case permit as a variance any use that is not permitted under this ordinance in the district where the affected person's land is located. A variance may be granted by the City Council after demonstration by evidence that all of the following �alifications are met: (A) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (B) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. (C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. (D) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties. Copies of the Zoning Ordinance may be obtained from the Administrative Office. �estions should be directed to the Community Development Department, at (612) 569-3330. Standards and Procedures for Zoning Ordinance Variances Revised 2-95 PC FORM NO.20(4-93) • Planning Commission Information Sheet Application No. 96012 Applicant: T.G.I.Friday's, Inc Location: North Side of Freeway Boulevard, Westerly of Schmitt Music Request: Rezoning/Site and Building Plan-PUD/I-I The applicant is requesting Rezoning and Site and Building Plan approval through the Planned Unit Development(PUD) process for the development of a hotel and two restaurants on the vacant property located on the north side of Freeway Boulevard between the Schmitt Music site and the Shingle Creek Plaza II office/industrial building. The rezoning would be from the current I-1 (Industrial Park) zoning designation to PUD/I-1(Planned Unit Development/Industrial Park). The property in question is a vacant 13.09 acre site currently zoned I-1. It is bounded on the north by Shingle Creek and the Shingle Creek greenstrip easement area; on the east by the Schmitt Music property; on the south by Freeway Boulevard with I-94 right-of-way on the opposite side; and on the west by the Shingle Creek Plaza II office/industrial building. T.G.I.Friday's, Inc. has reached an agreement with the owner of this property to purchase the property for development of a County Inn and Suites Hotel along with a T.G.I.Friday's Restaurant and another yet undetermined restaurant on the site. Restaurant and hotel uses are not acknowledged uses in the I-1 zoning district. Up until 1990,restaurants and hotels were • acknowledged special uses in the I-I zoning district and could be authorized through the granting of a Special use Permit. In 1990,the City rezoned property in this area to C-2 and removed the special use provisions from the I-1 zoning district uses. Also, about the same time,the City established the Planned Unit Development process to, among other things,promote flexibility in land development and redevelopment. A concern on the part of the City at that time was that convenience food restaurants and some other uses were inappropriate for development on particular properties within the I-1 zoning district. The City was not necessarily opposed to restaurant or hotel uses at this location,but was concerned that the Special Use Permit process would not protect the interests and concerns of the City. The PUD process was considered appropriate for considering anything other than light industrial or service/office land uses for I-I zoned property. It should be noted that the City has recently rezoned property east of Shingle Creek to PUD/I-1 to acknowledge the interrelated development and parking concerns of various uses in the area. That PUD/I-1 zoning designation also authorizes a,hotel use on part of that property. Also,the City Council in 1994 approved a Planned Unit Development rezoning to PUD/I-I for the development at the northwest corner of Freeway Boulevard and Shingle Creek Parkway for a Country Harvest Buffet Restaurant. That proposal has not gone forward, however, the PUD/I-I zoning designation has been established for such a use and authorized under that PUD approval. A Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying • 7-25-96 Page 1 zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district( in this case I-1) would apply to • the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The Planning Commission's attention is directed to Section 35-355 of the City's Zoning Ordinance which addresses Planned Unit Developments (attached). REZONING 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 City's rezoning evaluation policy and review guidelines contained in Section 35-208. The policy and review guidelines are attached for the Commission's review. Mr. Phillip Trice on behalf of T.G.I.Friday's has submitted a letter describing the proposal and generally commenting how they believe the proposal meets the City's rezoning evaluation policy and review guidelines. In summary, Mr. Trice, indicates that they believe their proposed development offers community services in the creation of jobs and additional tax base associated with their proposed development. He notes that the restaurants will provide a fun, friendly atmosphere in which residents can dine at a reasonable price and the hotel will bring in additional people into our community. He notes that the development will accommodate sufficient parking to meet all zoning requirements and the plan will not disturb the flood plain or protected wetland . areas at the rear of the site. He notes that all watershed requirements and storm water retention as well as grading and site plans will meet City requirements and other jurisdiction requirements prior to building permits. He also notes that the image of the hotel and restaurants projected to the freeway will be a better image given to passersby of the City and that the subject property is better suited for restaurants and a hotel than for factories or industrial development. He believes the proposed development is compatible with adjacent properties and the surrounding area and will blend in and mix well with surrounding properties. He concludes that the T.G.I.Friday's and Country Inn Suites Hotel would be a project in the best interest of the community. The following is a staff review of the rezoning evaluation policy and review guidelines contained in the Zoning Ordinance as they relate to the applicant's comments and their proposal. A. Is there a clear and public need or benefit? We believe the public benefit of such a development is the utilization of this land in a manner consistent with the development criteria established by the City. It is not anticipated that this development will be.a detriment to the community but, on the other hand, be a positive factor providing restaurant and hotel services to the business and people in the immediate Brooklyn Center area. 7-25-96 • Page 2 B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? We believe, as will be noted later in this report, that the development of the T.G.I.Friday's and Country Inn and Suites Hotel can be considered consistent and compatible with surrounding land use classifications. This area does have other restaurants and hotels and there is a large employment base surrounding this area that can make use of such facilities. We believe the site layout, landscaping, parking and other physical features are compatible with surrounding land uses. C. Can all permitted uses in the proposed zoning district be contemplated for the development of the subject property? We believe that all permitted uses and proposed uses can be contemplated for development in the proposed Planned Unit Development zoning district if this proposal is accepted. It should also be noted that the development of this site as proposed will not have adverse affect on developing the remaining parcels in the industrial park zone. We look for a compatible development, as a possible Planned Unit Development, for the triangular shaped parcel that is vacant and across Freeway Boulevard from this property. D. Have there been substantial physical or zoning classification changes in the area • since the subject property was zoned? As mentioned previously,zoning classification changes were made in order to rule out some land uses that the City believed were inappropriate for the industrial park area and this site. The uses being proposed in this Planned Unit Development are not considered inappropriate and, therefore, can be considered. The PUD process is believed to be an appropriate vehicle for considering such uses. E. In the case of City initiated rezoning proposals, is there a broad public purpose evident? This evaluation criteria is not applicable. F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? We believe the subject property should bear fully the ordinance development 7-25-96 Page 3 restrictions for this PUD/I-1 proposal based on findings which will need to be made by the City and a development agreement between the City and the developer which will address any issues and will acknowledge the site plan as part of this development agreement. G. Is the subject property generally unsuited for uses permitted in the present zoning district,with respect to size configuration,topography or location? The site in question is not unsuited for development as an I-1 (Industrial Park)use. It has, however, long been believed that this particular site should be used for a more intense development than a light industrial manufacturing type use and a type of use that needs good visibility along the freeway. The proposed two restaurants and hotel use is believed to be an appropriate use of the property. The likelihood of service/office or light industrial development in this area in the next few years is remote. H. Will the rezoning result in the expansion of a zoning district warranted by: 1. Comprehensive planning; 2. Lack of developable land in a proposed zoning district; 3. The best interests of the community? It is believed that the creation of a PUD/I=1 zoning district in this area provides for the necessary flexibility in dealing with development issues for this site. The proposed development, in our opinion, is in the best interest of the community and is not in . conflict with the City's comprehensive plan. L Does the proposal demonstrate merit beyond the interest of an owner or owners of an individual parcel? The proposal appears to have merit beyond only the interest of the particular property owner and will lead to an upgrading in the site and the physical characteristics in this area as well. SITE AND BUILDING PLAN PROPOSAL The proposed plan calls for a 299 seat, 6,880 sq. ft. T.G.I.Friday's Restaurant and a future 250 seat, 6,400 sq. ft. restaurant that would be attached to and located on either side of a three store, 85 unit Country Inn and Suites Hotel. The hotel would have an approximate 16,400 sq. ft. footprint and be approximately 45,000 sq. ft. in total area. ACCESS/PARKING Access to the site would be gained via two direct accesses located off Freeway Boulevard, one 7-25-96 Page 4 • close to the main entrance to the hotel and the future restaurant site and the other somewhat westerly of the T.G.I.Friday's Restaurant. A shared access with the Shingle Creek Plaza II building is located along the west property line for this site. The buildings will be generally located in the center of the site with parking surrounding the buildings. The plan provides 493 parking spaces. The required parking for this site is 157 spaces for Friday's (299 seats and 13 employees at the maximum shift-one space for every two seats and two employees); 94 spaces for the Country Inn(85 units and 9 employees -one space for each unit and one space for each employee on any one shift); and 130 spaces for the future restaurant(250 seats and ten employees - one space for every two seats and two employees). A total of 381 stalls are required by the ordinance. A surplus of parking will,therefore, exist. There are 24 handicap parking spaces shown on the plan, which are located close to the main entrances to the various buildings. Handicap spaces are also located to the rear of the hotel building as well. GRADING/DRAINAGE/UTILITIES The site is affected by both wetland and flood plain in areas adjacent to Shingle Creek. The wetland has been identified and is delineated on the plan. The 100 year flood elevation is also shown on the plan and is at 844.5 ft. in this area. The applicant's revised drainage plan does not contemplate any encroachment into the wetland area. A ponding area is proposed northerly of the proposed parking lot over the westerly half of the site. It should be noted that 4.84 acres of this 13.09 acre site is wetland. A storm drainage and water management plan has been submitted • to and approved by the Shingle Creek Watershed Management Commission. Drainage from the site will be through 16 catch basins at various locations on the site and then conveyed via storm sewer to the holding pond. B-612 curb and gutter is required around all driving and parking areas and should be so noted on the plan. Currently there is a 20 ft. wide sanitary sewer easement, containing a 15 inch sanitary sewer running through the approximate center of the site. This sewer will be relocated and the existing easement vacated. A new 20 ft. sanitary sewer easement will be located next to the Freeway Boulevard right-of-way and along a portion of the westerly property line where the new 15 inch sanitary sewer line will be installed. The easement area will encompass most of the 15 ft. greenstrip required along Freeway Boulevard. Sanitary sewer will be provided separately to the three buildings. An 8 inch water line will loop around the outside of Friday's and the Country Inn buildings and then go between the Country Inn and the future restaurant site. Connections will be made separately to the three buildings at various locations. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system. The plan indicates a variety of plantings including shade trees, decorative trees, coniferous trees and 7-25-96 Page 5 shrubs with a point value of 763 landscape points. The point requirement for this 13.09 acre site is 763.6 points. The applicant asks for additional consideration for ground cover plants which no • points are allocated for and existing trees to the north of the site which will remain. This appears to be a reasonable request. The plantings that are to be provided include eight Emerald Queen Norway Maples located on either side of the entrances to the site and at the southeast and southwest corners. Eight Marshall's Seedless Ash are provided on the northerly portion of the property. Fourteen Greenspire Linden are provided in the Freeway Boulevard greenstrip and along the easterly property line. Eight Shademaster Honeylocust are located closer to and surrounding the buildings. Eight River Birch and twelve Amur Maple are decorative trees located around the perimeter of the buildings. The plan calls for 50 Black Hills Spruce at various locations around the building,the greenstrip and parking lot island areas but only 40 are shown on the plan. The plan should,therefore, be modified to indicate the location of the other ten required Black Hills Spruce. The plan also calls for over 100 shrubs generally around the perimeter of the building. These shrubs include.Compact American Cranberry, Seagreen Juniper, Anthony Waterer Spirea, Grow Low Fragrant Sumac, and Variegated Hosta. The plan calls for sod in the greenstrip areas and to the north of the parking lot. Sod is also to be provided in the grassy landscape areas around the perimeter of the building. Underground irrigation is required for all landscaped areas and the plan so notes this requirement. BUILDING The building levations indicate the exterior of the County Inn and Suites Hotel to be vinyl la g tY Y P siding. An approximate 10 ft. by 50 ft. wood porch is located at the front entrance to the building and the rear of the building features an enclosed pool area with aluminum store front type windows. The roof is asphalt shingles. The T.G.I.Friday's building exterior is a combination of brick and a drive-it material. Aluminum store front windows are provided on all sides but the rear of the building and a vinyl canopy is over the windows. The exterior for the connecting link between Friday's and the County Inn is made up of aluminum store front windows and a metal roof. No building elevations are available for the future restaurant and that plan will have to be submitted for future review by the Planning Commission. The main floor of the County Inn will include a porch as previously mentioned and a carport canopy drop off area. The lobby includes a front desk, office areas and a breakfast room. A pool area with whirlpool is located to the rear of the building on the main floor. LIGHTING/TRASH The site plan does not indicate site lighting for the development. Our main concern, as always, is that lighting comply with the provisions of Section 35-712 of the Zoning Ordinance which 7-25-96 i Page 6 requires that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the property. This section of the ordinance also requires that no glare shall emanate from, or be visible beyond,the boundaries of the premises. Trash enclosure areas are indicated to the rear of the Friday's restaurant and the future restaurant. No trash enclosure area is indicated for the Country Inn. No material is indicated with respect to the screening device for the trash enclosure. Such a device should be compatible with the building exterior. The applicant should respond by indicating the type of material to be provided. PROCEDURE This PUD/I-1 proposal, as previously mentioned, is a rezoning with a specific development plan. As such, it must go through the normal rezoning process. Generally, rezonings are referred to a Neighborhood Advisory Group. In this case, the Planning Commission is the Advisory Group for this industrial park area. A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post and have been sent to neighboring property owners. It appears that with some clarification, the Planning Commission should be able to make a recommendation with respect to this plan at Thursday evening's meeting. All in all, the staff believes the plans are in order and a draft Planning Commission Resolution will be prepared and presented to the Planning Commission for consideration at Thursday evening's meeting. This resolution will outline the Planning Commission's consideration of this matter and also cite recommended considerations for recommending approval of the PUD rezoning as well as a set of conditions which will be included with the approval. Any recommendatin should cite the rationale for the rezoning approval and should include at least the following conditions of approval: 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 based on cost estimates shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. • 7-25-96 Page 7 5. The buildings are 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. B-612 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 owner 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 plans shall be modified to provide the following: a. The location of ten additional Black Hills Spruce trees on the landscape plan. b. The location of parking lot and building exterior lighting to be in compliance with Section 35-712 of the City Ordinances. c. A detailed plan indicating the screening for the trash facilities including materials to be utilized. 12. All work performed and material used for construction of utilities shall conform to the City of Brooklyn Center' current standard of specifications and details. 13. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney,prior to the issuance of building permits. 7-25-96 Page 8 SOM sells, SEEN - o PON jWAwb41, Of f ME ISM milli I RONNIE million milli BE M op =90pl'i t� SEEN now 0-1 MEME WMEM MEMN SEEM SEM UgWE MENE ME NEW REM Section 35-355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2 Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify .underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD- MIXED. " b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the . Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD-MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. C., For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD- MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties.. Subdivision 3, Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights-of-way, unless the City finds that at least one of the following conditions exists: 35-355 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right-of-way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35-400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. C. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35-700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking -provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. 35-355 e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the . approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. Subdivision 5 . Application and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the .development; 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. 35-355 b. The Planning Commission shall hold a ublic hearing the v P g on development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35-210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35-210 of this ordinance. C. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35-210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35-208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and . policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. i The City Council may attach such conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35-230. of this ordinance. In addition to the information specifically required by Section 35-230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. The plan submitted for approval pursuant to Section 35-230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. 35-355 • e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35-230 by submitting all information required for both simultaneously. CT. After approval of the development plan and the plan approval required by Section 35-230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. Section 35-208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1 . Purpose 0 The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77-167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: A. Zoning classifications must be consistent with the Comprehensive Plan, and, B. Rezoning proposals will not constitute "spot zoning", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3 Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City-initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. is the subject property generally unsuited for uses permitted in the*present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the 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? 1. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? • Section 35-208 Revised 2-95 14 June 1996 Mr.Ronald A.Warren, Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-3494 RE: TGI Friday's Restaurant #0204, country Inn and Suites#02810 Rezoning Evaluation Ronald: TGI Friday's has reached an agreement with the owner of Tract C,Parcel 4, Registered Land Survey No 1377,Hennepin County MN to purchase said property for development of a hotel and 2 restaurants. Present zoning of the property is industrial 1. In order to finalize our Agreement with the property owner, the property will need to be rezoned for hotel and restaurant use. As I understand, a Planned Unit Development (PUD)will allow such uses with alcohol service. It is our intent to apply for and be added to the docket for the 25 July Planning Commission Meeting. While closing depends on our being able to receive a building permit for the development-Rezoning is critical to that need. Our proposed development offers community services for your city in the creation of jobs and additional tax bases. While the restaurants will provide a fun, friendly atmosphere in which your residence can dine at a reasonable price, the hotel will bring additional people into your community whom may not have come to Brooklyn Center otherwise. The proposed development will accommodate sufficient parldng to meet all zoning for specified uses. It does not disturb the flood plane, protects the wetlands at the rear of the site, will meet all watershed requirements and storm water retention. All grading and site plans will meet with city requirements prior to receiving a building permit. The present industrial zoning allows construction of factories and industrial buildings that can be seen from such a heavily traveled highway and may not be the image you want to give all passersby of your city. The subject property is better suited for PUD which would allow restaurants and hotels than for factories. The proposed development is compatible with adjacent properties and surrounding area and will blend in and mix well with the hotels on surrounding properties. We, here at TGI Friday's and Country Inn and Suites Hotels feel the rezoning would be in the best interests of the community and respectfully request your help in presenting our case to the Planing Commission and City Council. Sincerely, Philip r'n-cel Project Manager C.C. Donald Brundage / Architect PC 1-cty2 TGI FRIDAY'S INC. 7540 LBJ Freeway,Suite 100,P.O.Box 809062,Dallas,Texas 75380 214-450•5a00 lay fill the 14 : r .a ah s e . - �_< _`co < • z o w tu i r tu f M � L • ,,` �,. ` .... �. .. � `rye/ ,. 1 1 c •. 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O .; _ ■ ■ �;_y --- _ �'-�I �II •8111 � - 1f �� - ■ � fe-sue: �; � • �I _ _ ■ _ (loll Isom loom floll r Isms) u ll ll ll . - 1. .� E 'I �f t f Planning Commission Information Sheet Application No. 96013 Applicant: Cross of Glory Lutheran Church Location: 5929 Brooklyn Boulevard Request: Site and Building Plan/Special Use Permit The applicant requests Site and Building Plan approval and a Special Use Permit to construct a 6,810 sq. ft. addition to the Cross of Glory Lutheran Church located at 5929 Brooklyn Boulevard. The new addition would be for a fellowship hall, kitchen and entrance to the church. They also propose some remodeling to add bathrooms and a new elevator. The property in question is zoned R-1 (One Family Residence) and is bounded on the north by Admiral Lane; on the east by Brooklyn Boulevard and C-1 zoned property including the Brookdale West Professional Building (5901 Brooklyn Boulevard)and a non-conforming single family home at 5837 Brooklyn Boulevard; on the south by a single family home at 5830 Drew Avenue North and 58 %Z Avenue North; on the west by Ewing Avenue including three proposed new single family lots and two existing single family homes at 5916 and 5920 Ewing Avenue North. Churches are special uses in the R-1 zoning district. The church has recently received preliminary plat approval (May 28, 1996)to subdivide their property and create three new single family lots adjacent to Ewing and 58 %2 Avenue North. They are pursuing the necessary procedures to receive final plat approval from the City Council and then file the plat with Hennepin County. The site plan they have submitted with this application is based on the creation of the three new single family lots proposed by that platting. ACCESS/PARKING Access to the site remains unchanged with the exception of the elimination of two accesses on Ewing Avenue just north of 58 '/z due to the creation of the three new lots with the platting. The parking requirement for churches is one parking space for every three seats. The seating capacity for the Cross of Glory Lutheran Church is 630 requiring 210 parking spaces. Approximately 17 parking spaces will be eliminated with the proposed expansion due to modifications to the parking lot and drive lanes. A number of spaces will also be eliminated with the creation of the single family lots. However, even with these modifications,the church will still have 224 parking spaces on site which exceeds the minimum parking required by city ordinance. The fellowship hall expansion and other remodeling do not add to the parking requirement of the church. It should be noted,that the church has the ability to, and does, utilize parking spaces at the office building to the south. They have long had an agreement to mutually utilize parking on the site which was acknowledged by the City in a Special Use Permit approximately 20 years ago. The agreement requires chains to be utilized at two points in the parking lot during weekdays to prevent office building traffic from utilizing church parking lot access to the west. 7-25-96 Page 1 This arrangement will continue and the chains will be in the approximate same location. Parking, based on the newly configured church parking lot and the existing parking arrangement, should be more than adequate to meet the church's needs. DRAINAGE/GRADING/UTILITIES Little in the way of grading and drainage changes are being proposed. Alterations to the parking and drive lanes near the new addition will be made as previously mentioned. New concrete curb and gutter will be required around the drive lanes and parking spaces that are altered. The most significant change has previously been reviewed with the Planning Commission as part of the plat which created the three new single family lots at the southwest corner of the property. That proposal.is to provide storm sewer leading from a low spot in the lot to 58 '/2 Avenue. They are also proposing to alter some of the established elevations along their west property line so as to drain this area into the new storm sewer. A new green strip will be established in this area to meet the minimum requirements contained in the zoning ordinance where R-1 zoned properties abut with a more commercial type parking lot. This area will be a.1 5 ft. greenstrip and will be landscaped in accordance with the plans that were submitted with the preliminary plat. This calls for evergreen trees (Black Hills Spruce)to create solid landscape screening along this area. With respect to utilities, the applicants will be utilizing existing service lines to the church to be expanded to accommodate bathrooms and kitchen facilities that will be added. It should be noted that the site, based on the subdivision, is less than five acres and, therefore, no Watershed Management Commission review is required. This has been confirmed with the Shingle Creek Watershed Management Commission. LANDSCAPING The proposed landscape plan calls for new landscaping to supplement the existing landscaping on the site. Fourteen Patmore Ash will be added, five along the Brooklyn Boulevard greenstrip, three along the parking lot delineator leading to the new addition, one immediately south of the new addition,two south of the existing building and two south of the drive in a landscaped area. Five Norway Pine are proposed,three in the parking lot landscape area and two on a landscape island. Fourteen Black Hills Spruce are to be utilized for screening of the new single family lots and to supplement existing Black Hills Spruce to screen the existing home to the west of the parking lot. Forty-four Common Lilac bushes are scheduled for the south end of the site, 29 on a newly established green strip on 58 '/2 Avenue and 15 adjacent to neighboring properties. Six Upright Arborvitae will be added to the southeast corner of the existing church building while a new landscape scheme will be provided adjacent to the new fellowship hall and entrance including four Japanese Tree Lilac,22 Maney Juniper and 16 Snakeroot. Fourteen Hardy Roses will be planted along the east building wall of the fellowship hall. Finally, 106 Fleece Flowers will be planted in a sloping area south of the new addition and the existing building. 7-25-96 Page 2 BUILDING The fellowship hall is the most significant addition to the church building. It has a peaked roof with asphalt shingles. A view of the east elevation shows a series of three peaks with a fourth peak for the new entrance to the church. The building exterior for the fellowship hall will be stucco to match the existing church. New rock face brick will be in-filled along the west elevation to match the existing brick of the church. As indicated, the addition is for a fellowship hall, kitchen area and entrance. Also remodeling will include handicap accessible restrooms and an elevator. SPECIAL USE STANDARDS As a special use in the R-1 zone,the church and any expansion is subject to the standards contained in Section 35-220, Subdivision 2 of the Zoning Ordinance(attached). Regarding Standard A, we certainly do not believe the expanded fellowship hall will somehow be 'detrimental to or endanger the public health, safety, morals or comfort. It should be a welcomed addition to the church community. As to Standard B, the expanded facility should not be injurious to the use and enjoyment of other property in the immediate vicinity, nor should it adversely affect property values in the neighborhood. Landscape screening will be provided in areas where new single family residential lots will be created and landscaping will supplement screening of the existing abutting single family home. The elimination of two driveways on Ewing Avenue may assist in eliminating, or cutting down on, some of the cut through traffic through the church parking lot. As to Standard C, the proposed expansion will not impede normal and orderly development and improvement of surrounding property. Finally, with respect to Standard D, it is not anticipated that the addition will cause congestion in the public streets. A public hearing has been scheduled and notices have been sent. RECOMMENDATION Altogether, the proposal appears to be in order and approval is recommended subject to at least the following conditions: 1. The Special Use Permit is granted for the expansion of the Cross of Glory Church for a fellowship hall, kitchen and entry area. The use may not be altered or expanded beyond the specific approval without being consistent with the City's zonig regulations or a amendment to the Special Use Permit. 2. Building plans for the remodeling expansion project are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. s 7-25-96 Page 3 3. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 4. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits. 5. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 6. 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 Ordinance as determined by the Building Official. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all parking and driving areas. 9. The replat of the property shall receive final approval by the City Council and filed with Hennepin County prior to the issuance of permits for this project. 10. The applicant shall submit an as-built survey of the property, improvements and utility service lines,prior to release of the performance guarantee. 7-25-96 Page 4 �///// i1e1 1111 /■ still ii'�UZI •_� ■�� ,11111 ■■ 1/11 ��y� �,,/ "1Q1111 ,OAF 7 -- A. .:r y _ .� s m m m cz 5/ m m m m m m m m mm ME ME V qj /i a L " *ti111 1Lill � � �11�1 . X111111 1111111�1� ,■� 111111 1 � � 1�,��_ :�� ►_ �� _ - � . 1111 " � 11 1= mum Ri EMS J Zt }r r • LL Z Z W l 1}�i I �; O a: F } C) T LLJ O W� c y 3 I I i U) —r-= Z� Iti �- C/)Z! I ( 5> @F aI ? 1!:}� 1.}=l6,: U0JU Z o Wa 6 u h b W L IT .c• :�„�►• _ ,� _ `� r —'`y+_fig � ��^ o `o • Ce3 W Vill iwol 4 \.• is i ,.t, e�:r C < �` Fat• . ='M a -- ON 3NYI-lVbfIV40V r �” ;:ate }'� 1b' W ��y ° .I � .'t� � »5�'�'+�•+�o: 1 '§9G> t{ �_ ''=: R�z a, r;`•I I �I: s f t 2.�� '� x llj �t 'i%'�+'� '1 6 X! Z f a -�"�-ti�"`•t � W IIJE .,. l a CD . : 11 )ED 'So�I ccl w 3 3nN3Ad DNIM3 � �� I—._0•-� ....— ' _� f' ° ..mot . �yyy _ Lj i ? v-... 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IM r �rra e -------------- CO o cn LL W ¢ (�: p Vj C ¢ v F O N CC 2 a I I I c Q = uJ cz LU r N W = W O aw > W QyQ0 di O %rte W X W C NW z N Z Q 2 r + LL Z ZW W lq t. i.l1 I N W U W 1... a° _ 11 U)Q M r. W E—Z ` }II �< fi=lt�1 i ! 1 00=� e �3 ZT Q LL CnZ ! I I L: 3� .? }�il) I j3 e.2"IE.i -! UC7JU Z toV <8 os G n �� are wit y !E1 II — 1 w M :I DI-- .t I '-`-).•y ,I. .. 1 II is T• / E� �� ir• r-J 16 - -. �/ti`U L��c�'IN!�i •-.___fit_/ It Al I .. C: �I =� I U) C LLOO ............... e Y CO LL _ C6 II FW- II Q co Q 2 Z Q _ s . _ ;� m . - Q W 3 +...�^- ----------------- .. ��I: r' _ s ...j.';rny. j I' ----_-_ -' Z < Q '0 Z 0 J w 1_ _mil ---- <<; U 2 C W JU X W W C +x w �/ �l �✓ W Z cc Z NWN ¢ Section 35-220. SPECIAL USE PEP.MITS 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 but 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.