HomeMy WebLinkAbout1999 05-27 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
May 27, 1999
STUDY SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - May 13, 1999
4. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is
to hold public hearings. In the matters concerned in these hearings, the Commission
makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
5. Discussion Item:
a. Land West of Extended Stay America Site.
6. Other Business
7. Adjournment
MEMORANDUM
TO: Planning Commission Members
FROM: Ronald A. Warren, Planning and Zoning Specialist
DATE: May 24, 1999
SUBJECT: Discussion Item Land West of Extended Stay America Site
Mr. Ellis Gottlieb of Nationwide Group has requested the opportunity to address the Planning
Commission and seek direction on a possible use of the vacant property lying westerly of the
Extended Stay America site(see attached area map). The area being looked at is made up of two
lots totaling 4.6 acres(each lot being approximately 100,000 sq. ft. or 2.3 acres).
Mr. Gottlieb proposes the site be used as a self-storage operation. He hopes to convince the
Commission of the appropriateness of this use by presenting what he believes to be an
aesthetically pleasing building plan which he feels would be compatible with existing uses in the
• area. Attached are copies of an example of the type of building he is looking at.
Generally,the staffs response to inquiries about the use of this property as a warehouse/storage
use has been negative on the basis that such a use is not compatible with,complimentary to or of
comparable intensity with the surrounding PUD/I-1 uses such as the Extended Stay America,the
Country Inn and Suites and T.G.I.Fridays.
The property is zoned PUD/I-1 (Planned Unit Development/Industrial Park) and has been zoned
as such following the approval of the PUD rezoning and site plan approval for the Extended Stay
America in March of 1998 (attached is a copy of City Council Resolution No. 98-47 regarding
this application).
Warehousing and storage uses are listed as special uses in the I-1 zone provided it can be
demonstrated that the uses are compatible with existing adjacent land uses as well as with those
uses permitted in the I-1 district generally; of comparable intensity to permitted I-1 district uses
with respect to activity levels; and also provided the uses adhere to applicable requirements in
the I-1 district and not involve maintenance and servicing of vehicles on the site.
One of the reasons warehouses and storage uses were classified special use permits rather than as
permitted uses was that the City wanted to encourage more employment based businesses in the
industrial park and also because of concerns about outside storage in this industrial park area.
• The standards mentioned above were,therefore, established.
5-27-99
Page 1
In the early 1990's the City went through a rezoning of property and an amendment to the city
ordinances to eliminate some more intense commercial uses from the industrial park zoning
district. The rezoning involved land east of Shingle Creek Parkway and south of Freeway
Boulevard going from I-1 to C-2 (Commerce)to allow this area to be used for all permitted C-2
uses including special uses in that area. At this time also the City established the Planned Unit
Development process to, among other things,promote flexibility in land development and
redevelopment. Concern on the part of the City at that time was that convenience food
restaurants and some other uses such as gasoline service stations 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 these locations, 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 uses
for I-1 zoned property. A number of parcels in the industrial park area have been rezoned to
PUD/I-1 over the subsequent years. The area located between Shingle Creek and Shingle Creek
Parkway,northerly of Freeway Boulevard has been rezoned to PUD/I-1 to acknowledge the
inter-related development and parking concerns of various uses in this particular area. Also,part
of that PUD rezoning acknowledged the legitimacy of the Hilton hotel in the Planned Unit
Development district and allowed the AmericInn hotel to be developed, also under this PUD
process. Another significant rezoning in this,area is the property immediately north of Freeway
Boulevard between the Shingle Creek Plaza II office/industrial building and the Schmitt Music
property which was rezoned to PUD/I-1 in 1996 for the current use of the property by the
Country Inn and Suites and the T.G.I.Friday's restaurant. Another significant zoning was for the
Extended Stay site and the property to the west to PUD/I-1. All of these proposals show how the
City has utilized the Planned Unit Development process to consider specific uses based on the
plan being proposed in order to authorize a more intense or more commercially related use in the
otherwise Industrial Park zone. The area under consideration was considered appropriate also for
Planned Unit Development uses of a commercial nature such as restaurants,hotels,motels and
offices or other freeway oriented uses to take advantage of the visibility this site has to the
freeway area.
The real question with the proposed use is whether it fits into this type of area. The staff does
not believe so, however, Mr. Gottlieb would like the opportunity to convince the Planning
Commission otherwise.
PUD's are rezonings and are required to meet the standards contained in Section 35-208 and the
general provisions of Section 35-355 relating to the PUD process. We have attached copies of
these provisions from the ordinance for the Commission's review. The Commission's
recommendation should be in line with these guidelines and policies. Again,the staff does not
believe the proposed warehousing or storage use meets the compatibility, complimentary and
comparable intensity standards to allow this use in this area.
5-27-99
Page 2
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aEXHIBIT TWO
e
"- , introduced the following resolution and moved
Member Kathleen Carmody b
its adoption:
RESOLUTION NO. 98-47
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 98005 SUBMITTED BY EXTENDED STAY AMERICA.
INC.
WHEREAS, Planning Commission Application No. 98005 submitted by Extended Stay
America, Inc. proposes rezoning from I-1 (Industrial Park) to PUD/I-1 of a 7.28 acre parcel of
land located at the southeast quadrant of Xerxes Avenue North and Freeway Boulevard, bounded
by Freeway Boulevard on the north and east; by I-94 on the south; and Xerxes Avenue North on
the west; and
WHEREAS, this proposal comprehends the rezoning of the above mentioned parcel and
site and building plan approval for a three story, 104 unit efficiency hotel on the easterly portion
of the aforementioned site; and
WHEREAS, the Planning Commission held a duly called public hearing on March 12,
1998, when a staff report and public testimony regarding the rezoning and site and building plan
were received; and
WHEREAS, the Planning Commission recommended approval of Application No. 98005
by adopting Planning Commission Resolution No. 98-01 on March 12, 1998; and
WHEREAS, the City Council considered Application No. 98005 at their March 12, 1998
meeting; and
WHEREAS, the City Council has considered this rezoning and site and building plan
requests in light of all testimony received, the guidelines for evaluating rezonings contained in
Section 35-208 of the City's zoning ordinance, the provisions of the Planned Unit Development
ordinance contained in Section 35-355, the City's Comprehensive Plan and the Planning
Commission's recommendation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center that Application No. 98005 submitted by Extended Stay America, Inc. be approved in light
of the following considerations:
1. The rezoning and Planned Unit Development proposal are compatible with the
standards, purposes and intent of the Planned Unit Development section of the City's
zoning ordinance.
2. The rezoning and Planned Unit Development proposal will allow for the utilization of
J
Resolution No.
the land in question in a manner which is compatible with, complimentary to and of
comparable intensity to adjacent land uses as well as those permitted on surrounding
land.
3. The utilization of the property as proposed under this rezoning and site and building
plan will conform with city ordinance standards and is considered a reasonable use of
the property.
4. The rezoning and Planned Unit Development proposal are considered compatible with
the recommendations of the City's Comprehensive Plan for this'area of the city.
5. The rezoning and site and building plan appear to be a good long range use of the
existing land and an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35-208 of the City's zoning ordinance are met and
that the proposal is, therefore, in the best interest of the community.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that
approval of Application No. 98005 be subject to the following conditions and considerations: ',
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 as well as appropriate utility easements for
adjoining properties 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.
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
r
t
-_ -; Resolution No. 98-47
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 the 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 either a reduced size access where a shared
access is to be provided between this property and the adjoining property to the west
or the installation of a concrete delineator as approved by the City Engineer.
12. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center standard specifications and details.
13. Ponding areas required as part of the storm drainage plan shall be protected by an
approved easement. The easement document shall be executed and filed with
Hennepin County prior to the issuance of building permits.
14. The applicant shall provide appropriate erosion and sediment control devices on the
site during construction as approved by the City's Engineering Department.
15. 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
permits.
16. Approval of this Planned Unit Development acknowledges "efficiency or-extended
stay hotels" offering transient lodging accommodations for periods of longer than
one week as being comparable in intensity and use as transient lodging defined in the
Brooklyn Center zoning ordinance and, therefore, an allowed use in this Planned
Unit Development.
March 91, 1998
Date Mayor
ATTEST:
City Clerk
City of Brooklyn Center
Section 35-208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES.
1. Purpose
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 maybe weighed collectively*or individually as deemed by the City.
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?
I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual
parcel?
Section 35-208
`= C. Accessory uses incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory but not including any business or
industrial uses. Such accessory uses to include but not be restricted to the following:
1. Off-street parking.
2. Public recreational buildings and parks, playgrounds and athletic fields.
3. Signs as permitted in the Brooklyn Center Sign Ordinance.
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-
ivIIXED."
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.
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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:
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.
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•
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.
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:
I. 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;
35-47
•
S. 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.
b. The Planning Commission shall hold a public hearing on the 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 3 5-20 8 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.
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.
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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, panting 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.
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.
g. 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.
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