HomeMy WebLinkAbout1999 10-14 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
OCTOBER 14, 1999
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - August 12, 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. Progressive Consulting Engineers, Inc. 99009
• Request for a Planned Unit Development (PUD) amendment to construct a 122 unit,
three story Motel 6 complex on vacant property west of the Extended Stay America
site.
6. Discussion Item:
a. Commercial Zoning Reorganization
7. Other Business
8. Adjournment
M
•
• Application Filed On 9-21-99
City Council Action Should Be
Taken By 11-20-99 (60 Days)
Planning Commission Information Sheet
Application No. 99009
Applicant: Progressive Consulting Engineers,Inc. (On Behalf of Motel 6 Operating LP)
Location: 2741 Freeway Boulevard
Bequest: Planned Unit Development Amendment
The applicant, Progressive Consulting Engineers, Inc. on behalf of Motel 6 Operating LP, is
seeking an amendment to the Planned Unit Development approved in conjunction with the
Extended Stay America proposal in order to construct a 120 unit,three story Motel 6 complex on
a 2.62 acre,site that is legally described as Lot 2,Block 1, Shingle Creek 5th Addition. The
property is more commonly identified as 2741 Freeway Boulevard and is the southerly of two
parcels located west of the Extended Stay America site.
Ile property is zoned PUD/I-1 and is bounded on the south by Interstate 94/694; on the west by
Xerxes Avenue; on the north by vacant property described as Lot 1,Block 1, Shingle Creek 5th
Addition; and on the east by the Extended Stay America site. Freeway Boulevard borders the
vacant parcel to the north and the Extended Stay to the east.
• A Planned Unit Development rezoning of this roe as well as the other two properties
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contained in the Shingle Creek 5th Addition from I-1 to PUD/I-1 along with the first phase site
and building plan approval for the Extended Stay America was approved by the City Council
under Resolution No. 98-47 on March 23, 1998. Attached for the Commission's review is a
copy of that resolution containing the various findings,considerations and conditions of approval
for that proposal (Planning Commission Application No. 98005).
It was noted at the time of this approval that other developments for Lots 1 and 2 would be
subject to review and approval under the Planned Unit Development process when such
proposals came forward. Motel 6 Operating LP has acquired the land and wishes to pursue its
development of Lot 2 at this time. Subsequent development of Lot 3 will require approval
through the PUD process as an amendment at such time as a proposal is put forth.
As the Commission is aware,the PUD process involves a rezoning of land to the PUD
designation followed by an alpha numeric designation of the underlying zoning district. This
underlying 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 development and redevelopment problems.
10-14-99
Page 1
41
Regulations governing uses and structures may be modified by conditions ultimately imposed by •
the City Council on the development plans. The PUD process involves a rezoning of land and,
therefore, is subject to meeting the city's rezoning evaluation policy and review guidelines that
are contained in Section 35-208 of the city's zoning ordinance. Also,proposals must be
consistent with Section 35-355 of the city's zoning ordinance which addresses Planned Unit
Developments. Attached for the Commission's review are copies of 35-208 and 35-355 of the
city's zoning ordinance.
The rezoning of the property to the Planned Unit Development designation was accomplished
with the March 23, 1998, approval and it was anticipated at that time that other freeway oriented
businesses such as hotels and restaurants would in all likelihood seek approval for development
on the remaining parcels. Findings as to the appropriateness of these developments have been
made generally for the two remaining parcels. Approval of any development plan should
acknowledge compatibility with the policy and review guidelines of Section 35-208 and the
provisions of Section 35-355 of the zoning ordinance.
The applicant has submitted a letter addressing Section 35-208 (attached)and we have also
received a letter from Mr. Randy Lee of Motel 6 indicating how they believe Motel 6 will fit into
and be compatible with existing land uses around the site. There has been in the past some
concern about over building or over saturation of the hotel/motel market in this area. Mr. Lee's
letter addresses these concerns from the prospective of the developer. Their market analysis
indicates such uses are not over built in the area and that the Shingle Creek Parkway area in
Brooklyn Center is the primary lodging and hospitality interchange in the northwest quadrant of
the Twin Cities area. He notes also that the Twin Cities area continues to post higher room rates
and occupancy levels than other major cities throughout the Midwest. He indicates that they do,
not believe a new Motel 6 will have a negative effect on the existing limited service lodging
supply in Brooklyn Center but,rather,will enhance the opportunity to provide accommodations
for what they believe to be increasing numbers of clients coming into this area.
The Commission's attention is also directed to the letter submitted by Naeem Qureshi which
specifically addresses each of the points contained in the city's rezoning evaluation policy and
review guidelines. The staff generally concurs with the comments made with respect to the
guidelines and notes that this is the anticipated type of development expected for the remaining
parcels of land when they were rezoned to the PUD designation in March of 1998. We also
believe the proposal will be consistent and compatible with surrounding land uses such as the
Extended Stay and the Country Inn and Suites and T.G.I.Friday's complex as well as other
freeway oriented businesses in the immediate area. We believe, as will be shown in the site and
building plan portion of this report,that the subject property will bear fully the ordinance
development restrictions for the proposed development and that the proposal appears to be a
good long range use of the existing land and can be considered to be in the best interests of the
community.
10-14-99
Page 2
SITE AND BUILDING PLAN PROPOSAL
• The proposed plan calls for a three story, 122 unit motel that would be located in the approximate
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middle of a 2.62 acre site. The building will be an L shaped building with the main entrance and
lobby area being approximately in the northeast corner of the building.
ACCESS/PARKING
Access to the site will be gained via a shared access on Freeway Boulevard. A cross access
easement giving Lot 2 access over Lot 1 to Freeway Boulevard was developed as a condition of
the replatting of this property at the time of the Extended Stay America proposal. The City
Engineer in a September 30, 1999, memo regarding this proposal (attached)notes that the plan
shows the driveway shifted from the original location and that the drive lane leading to the Motel
6 site is no longer located within the easement area. The driveway opening will have to be
relocated to line up with the driveway on the opposite side of Freeway Boulevard and the drive
lane either relocated or the easement modified to reflect the new location. No other access
driveways will be allowed between this one and Xerxes Avenue. The drive lane across Lot 1 ties
into the motel site at the northeast corner. The drive lane circles the motel building and 90'
parking is located around the entire building. The plan provides 129 parking spaces each
meeting the minimum requirements of the zoning ordinance. Six handicap spaces are being
provided, four to the east and two to the west of the main entrance into the building. The parking
requirement for this motel facility is based on the number of rooms and employees at the
• maximum shift. The parking requirement is one parking space per room and one per employee
at the maximum shift. With 122 rooms and 7 employees as indicated on the site plan, a total of
129 parking spaces are required. Again,the plan provides 129 parking spaces. All driveways
servicing parking areas meet the minimum requirements and standards set forth in the zoning
ordinance. A circular turn around or drop off area is located immediately north of the main
entrance to the building and a canopy extends out over that area to provide cover for patrons
unloading and loading vehicles. B-612 curb and gutter is required to be provided around all
parking and driving areas.
GRADING/DRAINAGE/UTILITIES
The drainage plan proposes draining the parking lot into seven catch basins located at various
points around the hotel building in the parking lot. Storm water will be collected in these catch
basins and carried to a connection to existing storm sewer at the southeast corner of the site
which will convey water into an existing storm water retention pond at the east end of the
Extended Stay America site. This pond is sized to accommodate storm water run off for all of
the property located in the Shingle Creek 5th Addition. After treatment in the pond, storm water
will be discharged into the adjacent MN/DOT ditch along Interstate 94. The Commission's
attention is directed to the City Engineer's memo relating to comments about the storm water
system. He indicates that there appears to be no further reviews or approvals required of the
• 10-14-99
Page 3
Shingle Creek Watershed Management Commission as this was accomplished at the time of the •
original proposal. The City Engineer notes that a maintenance and utility agreement will need to
be required of the Motel 6 property and because the site is over one acre in size and creates more
than one acre of new impervious surface,Motel 6 is required to obtain and NPDES (National
Pollutant Discharge Elimination System)permit from the Minnesota Pollution Control Agency
and must also provide adequate erosion control.
Sanitary sewer will be connected to the building at the northeast corner and tied into existing
sanitary sewer within Freeway Boulevard right-of-way. The sanitary sewer will extend over a
portion of Lot 1 in order to reach the Freeway Boulevard location. Appropriate utility easements
or private"covenants will be needed for this to be accomplished. A looped water system will be
provided around the building tying into a stub extended from the Extended Stay America site.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Planning Commission to evaluate such plans. This 2.62 acre site requires a total of 196
landscape points. The applicant proposes to meet this requirement,and in fact well exceeds this
requirement,by providing a variety of plantings including 36 shade trees (Red Oak, Sugar
Maple, and Green Ash), 39 coniferous trees(Upright Yew and Blue Spruce), 13 decorative trees
(Crab Apple) and 144 shrubs(Spreading English Yew, Bridal Wreath Spirea, Cardinal Red
Dogwood and Dwarf American Cranberry Bush). The total amount of points provided on the •
landscape plan is,685.5 which is over three times the minimum required by the landscape point
system. The plan itself calls for an intermixing of Red Oak, Green Ash and Blue Spruce around
the perimeter green strips of the site. Sugar Maple, Crab Apple,Upright Yew and Blue Spruce
are provided around the building and Green Ash and Sugar Maple are located on a landscape
island area in the parking lot. Upright Yew border the main entrance to the building. Shrubs
such as Spreading English Yew,Bridal Wreath Spirea, Cardinal Red Dogwood and Dwarf
American Cranberry Bush are foundation plantings around the perimeter of the building.
Underground irrigation is required in all landscaped areas.
BUILDING
The building elevations indicate the exterior of the Motel 6 to be a PC plaster with special
coating and composition shingle roof. The color will be an English Linen(white) and Maizon
Blanche (beige). Accent colors include blue,blue green and blue heron.
LIGHTING/TRASH
The applicant has submitted a lighting plan showing eight parking lot lights surrounding the
facility. Our main concern is that these parking lot lights be shielded and directed down onto the
site so as not to create glare off of the site.
10-14-99 .
Page 4
The plan indicates that a trash enclosure will be located at the northwest comer of the property.
Details indicate that the enclosure will be 8 ft. 8 in. high and consist of a split face concrete
masonry unit. The gates for the enclosure will be cedar slats attached to a metal gate frame. The
plans as a whole,with some modifications appear to be in order.
DIRECTIONAL SIGN
Although signery is typically not part of the review process for a PUD,we have some comments
and recommendations we would like the Planning Commission to consider.
Motel 6 is concerned about possible confusion among potential customers using the shared
access drive off Freeway Boulevard. They desire to have a sign at that location. Such a sign
would be an off premise sign which is not permitted under the sign ordinance. The primary
reason for not allowing off premise identification or advertising signs is to prohibit billboards.
There has been precedent set, in at least three situations,to allow off premise directional signs in
cases where access is gained to one site over another property. The cases include Brookdale
Ford through the Brookdale Square site;the Cinema Theater over the Perkin's property; and
various commercial and industrial buildings that are accessed via Parkway Circle which is a
private roadway on a separate parcel of land. In all cases, variances were approved to allow off
premise directional signs as approved to off premise advertising or identification signs on the
basis of uniqueness and hardship. Such signs were limited to no more than 16 square feet in area
and no more than 15 feet in height. The same principles apply in this situation and it is
• recommended that approval of this PUD also authorize an off premise directional sign no greater
than 16 square feet in area and 15 feet in height at the shared access serving the subject site as
well as Lot 1, Block 1, Shingle Creek 5th Addition.
PROCEDURE
As pointed out previously,this proposal is an amendment to the Planned Unit Development
proposal already approved for this area. The first phase of the PUD was the Extended Stay
America site. Approvals for the other two lots require a Planned Unit Development Amendment.
As such,the proposal is required to follow the procedures contained in Section 35-355 regarding
Planned Unit Developments. This requires a public hearing which has been scheduled. Notices
have been sent and notice has been published in the Brooklyn Center Sun Post. The Planning
Commission serves as the neighborhood advisory group for development proposals within the
industrial park area. This matter,therefore, can be reviewed and recommended at Thursday
evening's meeting if the Planning Commission deems it appropriate.
All in all,the staff believes this plan is in order and,therefore,would recommend approval of the
amendment for the development of the Motel 6 project. Approval of this application should
acknowledge findings, considerations and conditions that are comparable to those made in City
10-14-99
Page 5
Council Resolution No. 98-47. A draft Planning Commission Resolution is offered for the
Planning Commission's consideration. This resolution outlines the Planning Commission
consideration of this matter and also sites recommended considerations and conditions for
approval.
•
10-14-99
Page 6
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its adoption: Member Kathleen Carmody introduced the following resolution and moved
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/1-1 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
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
• 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 3, 199g
Date Mayor
ATTEST:
City Clerk
Resolution No. 98-47 - •
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Lasman and upon vote being taken thereon, the following voted in favor
thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, and Robert Peppe;
and the following voted against the same: Debra Hilstrom
whereupon said resolution was declared duly passed and adopted.
Following the review and recommendation by the Planning Commission, the City Council
shall consider the proposed amendment and may,by resolution of two-thirds of its members,
amend the Comprehensive Plan.
2. Coordination with Other Agencies.
In the performance of its planning activities, the Planning Commission shall consult with
and coordinate the planning activities of other departments and agencies of the municipality
to insure conformity with and to assist in a development of the comprehensive municipal
plan. Furthermore, the Planning Commission shall take due cognizance of the planning
activities of adjacent units of government and other affected public agencies.
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 shall 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?
•
35-3
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 35-210, REZONING APPLICATION PROCEDURES AND RECONSIDERATION.
The following rules shall govern applications for amendments to the Zoning Ordinance hereinafter
referred to as "Rezoning Applications":
1. Procedures
a. A rezoning application may be initiated by the City Council, the Planning
Commission, or by the owner of the subject property. Any such application shall be
referred to the Planning Commission for public hearing,study,and report and may not
be acted upon by the City Council until it has received the recommendation of the
Commission,or until seventy-eight(78) days have elapsed from the date of referral
of the application without a report by the Planning Commission. The date of referral
is defined as.the date of the public hearing.
b. The applicant or his authorized agent shall fill out and submit to the Secretary of the
Planning Commission a "zoning application", copies of which are available at the
municipal offices, together with a fee in an amount as set forth by City Council
resolution. The application shall be filed with the Secretary of the Planning
Commission at least seventeen(17) days before the date of the public hearing.
35-4
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-
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.
•
35-45
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.
35-46
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:
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;
•
35-47
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.'
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 3 5-2 10 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 3 5-2 10 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.
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 deemed necessary
or convenient by the City to review the consistency of the proposed development with the
approved development plan.
•
35-48
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.
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.
L 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.
35-49
G' Zx�ro
MOTEL 6 Operating L.P.
14651 Dallas Parkway
Suite 500
Dallas,TX 75240
Tel:(972)386 6161 September 28, 1999
infol`d)motel6.com
Mr. Ron Warren
Planning and Zoning Specialist
6301 Shingle Creek Pkwy
Brooklyn Center, MN 55430-2199
RE: Motel 6 Prototype 2000 Development
1-694/Shingle Creek Pkwy
Brooklyn Center, MN
Dear Mr.Warren:
In anticipation of becoming a member of the Brooklyn Center business community Motel 6 was
pleased to learn that in considering the above referenced development, the Planning Commission
and City Council would be concerned with potential over-building of hotels in Brooklyn Center.
While seeking opportunities across the US for Motel 6 development we have seen over-building
on many occasions however this is not the environment we have found in Brooklyn Center.
Motel 6's decision to develop a property in Brooklyn Center is underwritten by the following:
1. Brooklyn Center at Shingle Creek Parkway is the primary lodging and hospitality interchange
in the NW quadrant of the Minneapolis St. Paul MSA. This serves both the long and short-
term goals of owning and operating,a hotel. We take comfort in recognizing the solid
presence of hotels and restaurants at this location.
2. The Minneapolis St. Paul MSA while experiencing limited service lodging increases continues
to post much higher Room Rates and Occupancy Levels than other major cities throughout
the mid-west. Smith Travel Research reports that demand and supply growth remain equal in
the Minneapolis St. Paul MSA.
3. We looked at several sites in the Minneapolis St. Paul MSA along the 1-694/94 corridor for
development. We decided upon Brooklyn Center due to the strong hospitality environment,
visibility and ease of access, and most importantly what we have determined to be a good
quality of life within the city.
It is our intention to build the property for the above reasons keeping in mind that we do not plan
to sell it when the market will allow a quick profit. It is the business philosophy of Motel 6 to
develop, own and operate properties in primary lodging markets such as Brooklyn Center. Motet
6 and its parent company Accor Economy Lodging own and operate more than 1,100 limited
service hotels throughout the US including brands such as Red Roof Inn and Studio 6 our
extended stay entity.
ACCOR
Additionally, Motel 6 will not seek outside financing for this project. We will use the companies
operating cash to fund the planned development in Brooklyn Center. We are simply that confident
in the market and our project.
Directing this letter to why a new Motel 6 will not have a negative effect on the existing limited
service lodging supply in Brooklyn Center,we should re-enforce that Motel 6 intends to build a
modern 3 story interior corridor property with approximately 121 rooms. The building, Motel 6's
"Prototype 2000"is perhaps the limited service lodging industry's most modern and efficient
building designed to meet the expectations of most operating environments.
The primary reason why a new Motel 6 will not have a negative economic effect on the existing
limited service lodging hotels is the Motel 6 price position and target market segment.
Currently, Brooklyn Centers limited service hotels target market segment is business/commercial
travel. This is reinforced by room prices above$60.00 per night for basic accommodations not
including full service hotel amenities such as meeting rooms, room service, on premise restaurant
and catering.
In the future, in as long as two years due to development and construction time requirements,
Motel 6 plans for an initial price of approximately$40.00 per night targeting the leisure travel
segment and senior citizens as a core business. Motel 6's nationwide business mix is
approximately 70% leisure travelers, 15%senior citizens with the remaining being religious,
educational and a small percentage of loyal business travelers.
As you may know, a significant number of limited service hotel rooms oriented to leisure travel will
leave the market in Bloomington, MN. Today, Bloomington is the primary leisure travel lodging
market in the Minneapolis St. Paul MSA. Currently the Motel 6 the Excel Inn and other hotels with
an estimated 900 rooms will be removed from the landscape in Bloomington in the next 12 to 24
months due to the widening of 1-494 or expansion of the airport.
This enhances the opportunity for Motel 6 and The City of Brooklyn Center to host leisure
travelers and senior citizens who are not only visiting the immediate area, but may also be visiting
either the Mall of America, Minneapolis city center attractions and events as well as the leisure
travel created north of downtown in Arden Hills, Fridley and Maple Grove. Today, leisure travelers
in these markets look primarily to the Bloomington area for lodging not only due to its geographic
location but also due to the availability of limited service lodging supply oriented to the leisure
traveler.
It is my understanding that you will forward this letter onto members of the Planning Commission
for their review of our project.
I look forward to talking to you in the future as our project moves along. I plan to be at the
Planning Commission Hearing and City Council Meeting when our project is presented for
approval. If you have any questions or concerns please call me any time at 972-702-6823.
Thank you.
Sin rely,
Randy Lee .
Director of Real Estate& Development
Motel 6 Operating L.P.
Progressive Consulting Engineers Inc.
• 6120 Eerie Brown Drive,Suite 629,Minneapolis,.MN 55430-2561 (612)560-9133 FAX(612)560-0333
September 14, 1999,
Ron Warren
City of Brooklyn Center
6301 Shingle Creek Pkwy.
Brooklyn Center,MN 55430
RE: PUD Amendment Block 1, Shingle Creek 5`h Addition
Motel 6 is proposing a 122 unit motel on Lot 2 along with other facilities such as a pool
and parking area.
a) Is there a clear and public need or benefit?
The property is part of a PUP which maximizes the freeway exposure for the properties.
The proposed 120 unit.Motel 6 project will add to the City tax base.
- b) Is the proposed zoning consistent with and compatible with surrounding land use
classifications?
The project is part of a PUD. The property is adjoining an"Extended Stay America"
lodging facility. As such,the proposed zoning is consistent with surrounding land use
classification.
C) Can all permitted uses in the proposed zoning district be contemplated for
development of the'subject property?
The subject property is an approved PUD in a general industrial area. The proposed use
r is compatible with the approved PUD.
d) Have there been substantial physical or zoning classification changes in the area
since the subject property was zoned?
The present PUD involved 3 lots in an industrial zoned area, which is a zoning change.
e) In the case of City-initiated rezoning proposals,is there abroad public purpose
evident?
Not applicable:
Civil Structural • Water Supply Municipal
f) Will the subject property bear fully-the ordinance.development restrictions for
the proposed zoning districts?
The subject property will meet all the development restrictions for the proposed zoning
district: No variances will be needed for set back and parking requirements. No new
curb cut will be needed' Freeway Boulevard as both the replatted Lots 1 and 2 will
share the same driveway. An easement for egress and ingress will be provided for Lot 1.
g) Is the subject property generally unsuited for uses permitted in the present
zoning district,with respect to size,configuration,topography or location?
The subject property is a good use of the exposure provided by the freeway. The size and
configuration of the proposed development is compatible with the topography and the site
orientation.
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? ^
The PUD in an industrial zone is approved and is consistent with the comprehensive plan.
The City is generally,fully developed.- The proposed project is a permitted use in a PUD
and will result in an increase in the'ta .base of the City. It is a good use of the freeway
exposure and such is in the best interest of the City. `
i) Does the proposal demonstrate merit beyond the interests of an owner or owners
of an individual arcel
p ? ;
The proposal meets all the criteria for development and does not require any variances
except for signage. It is compatible with existing PUD and use of adjoining properties.
We appreciate a favorable consideration for the rezoning of the property.. Please call me
if you-have any questions.
Sincerely,
Naeem Qureshi, P.E.
NQ/ah
MEMORANDUM
DATE: September 30, 1999
TO: Ron Warren, Planning and Zoning Specialist
FROM: Scott Brink, City Engineer
SUBJECT: Motel 6 -Proposed Site Plan and Preliminary Comments
The plan for a proposed Motel 6 facility located on Freeway Boulevard has been reviewed. The site,
grading and drainage, and utility plans reviewed were prepared by PCE, along with a property survey
by Lot Surveys Company, Inc. The following review comments are offered at this time.
• The proposed project involves the construction of a hotel facility on a site of approximately 2
acres. The property site (Lot 2, Block 1, Shingle Creek 5th Addition) was previously reviewed
by the Shingle Creek Watershed just over 1 year ago as part of a comprehensive review of the
entire Shingle Creek 5th Addition plat. Some modifications to the site plan will be made to
direct the drainage from the site to an existing storm drainage system and treatment pond that
was designed to accommodate the entire plat. Therefore, it appears that there will be no
further reviews or approvals required of the Watershed. However, a maintenance and utility
agreement will still be required from the Motel 6 property. In addition, because the site is over
1 acre in size and creates more than 1 acre of new impervious surface, the developer is
• required to obtain an NPDES permit and provide adequate erosion control.
• A cross access easement/agreement was previously required and approved by the City to enable
access to this property. This site plan shifts the location of the planned driveway so it no
longer is contained within that easement, and it is now Its located directly opposite the
driveway across the street. The site plan should be amended so that the driveways are directly
opposite each other, and the cross access easement/agreement reviewed to assure that it still
accurately describes the location of the driveway.
• Sanitary sewer is available from Freeway Boulevard. The plan shows connection to an existing
service-extending from across Freeway Boulevard. However, in order to reach the service
stub, the service line will slice through portions of Lots 1 and 3. Appropriate utility easements
or private covenants as appropriate will be needed.
• Water service was installed and looped around the Extended Stay Site with 8 inch diameter
stubs extended to Lots 1 and 2. During the approval process of the Extended Stay site, this
design was required to provide for water service to these two lots, along with a joint utility
agreement or covenant as appropriate.
• The driveway serving Lot 2 must also serve Lot 1(joint access driveway required as approved
previously). No additional driveways to Freeway Boulevard or Xerxes Avenue from Lot 1 will
be allowed.
• These are the comments I have at this time. Additional comments from the Public Works Department
may be forthcoming prior to final approval of the site plan and approval of permits.
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Member Rex Newman introduced the following resolution and
moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 99-03
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 99009 SUBMITTED ON
BEHALF OF MOTEL 6 OPERATING LP.
WHEREAS, City Council Resolution No. 98-47 approved a 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; and
WHEREAS, that PUD proposal also included site and building plan approval for
the first phase development on a portion of the property for a 104 unit Extended Stay America
Motel; and
WHEREAS, future development on the remaining two lots was deferred pending
submission of a Planned Unit Development amendment; and
WHEREAS, Planning Commission Application No. 99009 submitted by
• Progressive Consulting Engineers, Inc. on behalf of Motel 6 Operating LP has been submitted for
the development of a three story, 122 unit motel on Lot 2, Block 1, Shingle Creek 5th Addition
which is a part of the above mentioned Planned Unit Development; and
WHEREAS, the Planning Commission held a duly called public hearing on October
14, 1999, when a staff report and pubic testimony regarding the Planned Unit Development
amendment were received; and
WHEREAS, the Planning Commission considered the Planned Unit Development
amendment request 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 and the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application No. 99009
submitted by Progressive Consulting Engineer's, Inc. on behalf of Motel 6 Operating LP be
approved in light of the following considerations:
1. The Planned Unit Development Amendment is compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's Zoning
Ordinance.
Page 1
2. The Planned Unit Development proposal will allow for the utilization of 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 Planned Unit Development
amendment is considered a reasonable use of the property and will conform with
city ordinance standards except for allowing an off premise directional sign which
is justified on the basis of extensive precedent for such a sign.
4. The Planned Unit Development proposal is considered compatible with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development amendment appears to be a good long range use of
the existing land and can be considered 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 interests of the community.
BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City
• of Brooklyn Center to recommend to the City Council that approval of Application No. 99009 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 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.
•
Page 2
• 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 with the exception of an off premises directional sign no larger than 16
square feet in area and 15 feet in height which can be located at the shared access
on Freeway Boulevard. Said directional sign is justified on the basis of extensive
precedent for such sign signs in similar circumstances.
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 as determined by the City
Engineer prior to the issuance of permits.
11. Plans shall be modified to relocate the driveway serving this property so that it is
directly across from the driveway on the opposite side of Freeway Boulevard as
required by the City Engineer. The cross access easement providing access from
• Freeway Boulevard to Lot 2 shall be modified to reflect the driveway indicated on
the site plan.
12. All work performed and materials used for construction and utilities shall conform
to the City of Brooklyn Center's standard specifications and details.
13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control
Agency and shall also provide adequate erosion control as approved by the City's
Engineering Department.
14. 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. Said development agreement shall be filed with the title to the
property.
15. The plans shall be modified to provide 132 parking spaces which reflects the
ordinance parking requirement for a 122 unit motel with 10 employees on any one
shift.
• Page 3
• Date Chair
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
John Whitehead and upon vote being taken thereon, the following voted in favor
thereof: Chair Tim Willson, Members Rex Newman, Dianne Reem, and John Whitehead
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
•
• Page 4
i MEMORANDUM
TO: Planning Commission Members
FROM: Ronald A. Warren,Planning Commission Secretary��j 11
-&IJ .
DATE: October 11, 1999
SUBJECT: Discussion Item-Commercial Zoning Reorganization
The Commission will recall that at our last meeting we began discussion regarding a possible
commercial zoning reorganization. The City Manager reported to the Planning Commission
about direction given from the City Council and a memorandum and a breakdown of a possible
reorganization of uses into four potential commercial zoning districts was presented and
discussed.
Enclosed for the Commission's review in addition to the previously mentioned memorandum
and listing of uses are copies from the current zoning ordinance relating to uses allowed in the
C-1 (Service/Office)zoning district and the C-2 (Commerce)zoning district. Also enclosed are
excerpts from the zoning ordinance relating to special requirements in each of these two zoning
districts.
We should begin discussion relating to this possible reorganization so we can begin formulating
various recommendations. This will be the subject of the discussion item included with our
October 14, 1999, Planning Commission agenda.
MEMORANDUM
July 1, 1999
TO: Michael McCauley,City Manager
FROM: . Anne Fin, Administrative specialistV
SUBJECT: Commercial Zoning Reorganization
The attached summary reflects our discussion with Brad Hoffman and Ron Wan=on
Wednesday,June 23,regarding possible commercial zoning reorganization. In the meeting you
suggested Brooklyn Center could develop four commercial.xones, or business districts, as
follows:
1. Central
2.-Neighborhood
3.ITighway/Industrial
4.Brooklyn Boulevard
The summary outlines the permitted uses for each zone as discussed.
9MMAD
CI:Central Business District AD C2 and C4 uses,without restrictions on size; businesses abutting
residential property must provide landscaping buffer;setbacks shoeld be
revised from cmmt codes;and:
• eating establisbments including Use offering live eetertainmm t
• amusement
. psi
• age
• cLeck-cashing
gqw stores
• car and bat sales
C2:Neighborhood Business District Would permit the followinguses,with==restricdow on square
footage;traffic and activity levels must be cmnpabble with
neighborhood:
• retail sale offood
• service stations
• pza reshwmts,'=R&n&shops,other small eating estabhsbmenets
not offering live entataissacut
• auto MP*
• tailors
day care centers
• heatm clnmca/deata!offices .
• hardware(retail We of healing It plumbing equipment,pahyt,&33,
• wAPVw, supplies&budding supplies)
� ic
bakery
• video natal
• mmtaa swdios
• beauty and barber
• churches
• nursing hones
• finmA and crematory
• r+eligiaM welfm and charitable,h'brsties dt art galleries
• B '
apparel repair.alteratim cleaning pickup&aboe repair
• cmsma and metranWe credit reporting adjustment dt eolkction
• service
• duplicating,mewling and dmographie servm
• detective dt protmfive agency
• contractor(no outside st np)
• governmental
• accessory uses OL parwaa&sip display.outside display of sale
raise with permit)
PERMrrfnum
C3:I ighway/tndusbrial Business All C2&C4 uses.mnd:
District school bus garages
• aoimallmspitals
• storage:fnAties
• car dt boat sales
C4:Brooklyn Boulevard Business AD C2 uses,witwt restrictions on size,and:
District- . business associations,pro6osional membersyip tom,labor
unions„civi%social dt$eternal associations
• retail sale of tires„batteries,automobile pies&marine csIft-
ecoesseeiea .
• retail sale of fiunitwe,bona finnisbings&related equipment
• retail sale of miseellaaeous items such as drugs,Liquors,antiques&
secondband mancharmfise.books dt stationary.garden supplies,
jewehy.SowersA now aeoessoriea,sitars and cigatettes.
newspapers&magazine,,cameras dt photographic supplies.g&k
110vel6es dt smv=tM Pets.optical goods.sporting goods fit:bicycles
• repair/service uses including electrical,household appliances,
electrical supplies.besting&plumbing equipment.radio dt
telcwsiM watch,clock&jewehy,=Vholsh"&f u tune,
laundering.dry cleaning&dyeing.equipment&rental
• medical dr bealth uses including hospitals(not including animal
hospitals]medical laboratories,dental laboratories,nursing care
homes(not to exceed 15 beds/acre)
. transient g
• health clubs
• contract/coustruction uses including offices for building comstruction
contractors.plumbing,heating&air conditioning cWtractors.
painting,paper aging dt daoraiiag contractors.masoauy.
.stone
worn file setting and plastering contractors,carpentering&wood
flooring contractors.rood'mg dt sheet metal contractors,conarbe
contractors,and water well drDling contractors
• educational uses
• legal.Wig;architectural,educational,scienti r.research.
drive-tin+ough h�dr urban playing
• liquor atOrCd
• small enginerepei:
. tobacco
• leasing c�cea
• licensed drop-in child we craters
Other notes:
With the exception of cars.and boats,no outside storage is permitted in any commercial zone.
The goal of reorganization will be to reduce conditional use permits and include current
conditional uses in new ordinances.
3. Playground equipment and installations including swimming pools and tennis
courts.
4. Signs as permitted in the Brooklyn Center Sign Ordinance.
5. A real estate office for the purpose of leasing or selling apartment units within the
development in which it is located.
6. Home occupations not to include special home occupations as defined in Section
35-900.
e. Licensed residential programs with a licensed capacity of seven to 16 adults or
children required to be permitted by M.S.245A.11,Subd. 3 and M. S.462.357,Subd.
8.
f. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons required
to be permitted by M.S.245A.14, Subd. 2.
g. Licensed day care facility serving from 13 through 16 persons required to be permitted
by M.S.462.357,Subd. 8.
2. Special Requirements
a. See Section 35-410 of these ordinances. ✓
Section 35-320, Cl SERVICE/OFFICE DISTRICT.
1. Permitted Uses
The following service/office uses are permitted in the C 1 district,provided that the height
of each establishment or building shall not exceed three stories, or in the event that a basement is
proposed,three stories plus basement:
a. Nursing care homes,(at not more than 50 beds per acre),provided,however,that such
institutions shall,where required by state law,or regulations of the licensing authority,
be licensed by the appropriate state or municipal authority.
b. Finance,insurance,real estate and investment office.
c. Medical,dental,osteopathic,chiropractic and optometric offices.
City of Brooklyn Center 35-28 City Ordinance
d. Legal office,engineering and architectural offices,educational and scientific research
offices(excluding laboratory facilities),accounting,auditing and bookkeeping offices,
urban planning agency offices.
e. Religious uses,welfare and charitable uses,libraries and art galleries.
f. Beauty and barber services.
g. Funeral and crematory services.
h. Photographic services.
i. Apparel repair,alteration and cleaning pickup stations,shoe repair:
j. Advertising offices,provided that the fabrication of signs shall not be a permitted use.
k. Consumer and mercantile credit reporting services office,adjustment and collection
service offices.
1. Duplicating,mailing and stenographic service offices.
m. Employment agency offices. •
n. Business and management consultant offices.
o. Detective and protective agency offices.
p. Contractor's offices.
q. Governmental offices.
r. Business association, professional membership organizations, labor unions, civic,
social and fraternal association offices.
s. Accessory uses incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory. Such accessory uses to include but not
be restricted to the following:
1. Offstreet parking and offstreet loading.
2. Signs as permitted in the Brooklyn Center Sign Ordinance.
City of Brooklyn Center 35-29 City Ordinance
3. The compounding, dispensing or sale (at retail) of drugs, prescription items,
• patent or proprietary medicines, sick room supplies,prosthetic devices or items
relating to any of the foregoing when conducted in the building-occupied
primarily by medical,dental,osteopathic,chiropractic or optometric offices.
4. Retail food shops, gift shops, book and stationery shops, tobacco shops,
accessory eating establishments, sale and service of office supply equipment,
newsstands and similar accessory retail shops within multistory office buildings
over 40,000 sq. ft. in gross floor area, provided: that there is no associated
signery visible from the exterior of the building;there is no carry-out or delivery
of food from the lot; and the total floor area of all such shops within a building
shall not exceed 10%of the total gross floor area of the building.
t. Other uses similar in nature to the aforementioned uses as determined by the City
Council.
u. Financial institutions including,but not limited to,full-service banks and savings and
loan associations.
v. Drop-in child care centers licensed by the Minnesota Department of Public Welfare
pursuant to a valid license application, provided that a copy of said license and
application shall be submitted annually to the City.
w. Leasing offices,provided there is no storage or display of products on the use site.
2. Special Requirements
a. See Section 35411 of these ordinances.
City of Brooklyn Center 35-30 City Ordinance
3. Special Uses •
a. Accessory off-site parking not located on the same property with the principal use,
subject to the provisions of Section 35-701.
b. Group day care facilities provided that such developments, in each specific case,are
demonstrated to be:
I. Compatible with existing adjacent land uses as well as with those uses permitted
in the C 1 district generally.
2. Complementary to existing adjacent land uses as well as to those uses permitted
in the C 1 district generally.
3. Of comparable intensity to permitted C 1 district land uses with respect to activity
.levels.
4. Planned and designed to assure that generated traffic will be within the capacity
of available public facilities and will not have an adverse impact upon those
facilities,the immediate neighborhood, or the community.
5. Traffic generated by other uses on the site will not pose a danger to children
served by the day care use.
and further provided that the special requirements set forth in Section 35-411 are adhered
to.
C. Instructional uses for art, music, photography, decorating, dancing and the like and
studios for like activity.
Section 35-321. CIA SERVICE/OFFICE DISTRICT.
1. Permitted Uses(No height limitation)
a. All of the permitted uses set forth in Section 35-320 shall be permitted in a building
or establishment in the CIA district.
2.. Special Requirements
a. See Section 35-411 of these ordinances.
35-31
3. Special Uses
a. Accessory off-site parking not located on the same property with the principal use,
subject to the provisions of Section 35-701.
b. All of the special uses set forth in Section 35-320 shall be allowed by special use
permit in the C 1 A district.
Section 35-322, C2 COMMERCE DISTRICT.
1. Permitted Uses
a. The retail sale of food.
b. Eating establishments, provided they do not offer live entertainment and further
provided that the category does not permit drive-in eating places and convenience-
food restaurants.
c. The following uses:
1. The retail sale of heating and plumbing equipment,paint, glass, and wallpaper,
electrical supplies, and building supplies.
2. The retail sale of tires, batteries and automobile accessories and marine craft
accessories.
3. The retail sales of apparel and related accessories.
4. The retail sale of furniture,home furnishings and related equipment.
5. The retail sale of miscellaneous items such as the following:
Drugs and proprietary items
Liquors
Antiques and secondhand merchandise
Books and stationery
Garden supplies
Jewelry
Flowers and floral accessories
Cigars and cigarettes
Newspapers and magazines
Cameras and photographic supplies
Gifts,novelties and souvenirs
35-32
Pets
Optical goods
Sporting goods and bicycles
d. Service/office uses described in Subsection (b) through (u) and Subsection (w) of
Section 35-320.
e. The following repair/service uses:
1. Electrical repair service shops.
2. Household appliances, electrical supplies, heating and plumbing equipment.
3. Radio and television repair service shops.
4. Watch, clock and jewelry repair service shops.
5. Reupholstery and furniture repair shops.
6. Laundering, dry cleaning and dyeing.
7. Equipment rental and leasing services.
•
f. The following medical and health uses:
1. Hospitals,not including animal hospitals.
2. Medical laboratories.
3. Dental laboratories.
4. Nursing care homes, (at not more than 50 beds per acre), provided that these
institutions shall where required by state law, or regulation or by municipal
ordinance,be licensed by the appropriate state or municipal authority.
g. The following contract/construction uses:
1. Building construction contractors' offices.
2. Plumbing, heating and air conditioning contractors' offices.
3. Painting,paper hanging and decorating contractors' offices.
35-33
4. Masonry, stone work, tile setting and plastering contractors' offices.
5. Carpentering and wood flooring contractors' offices.
6. Roofing and sheet metal contractors'offices.
7. Concrete contractors' offices.
8. Water well drilling contractors' offices.
h. Educational uses.
L Accessory uses, incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory. Such accessory uses to include but not
be restricted to the following:
1. Offstreet parking and offstreet loading.
2. Signs as permitted in the Brooklyn Center Sign Ordinance.
3. Outside display and sale of merchandise provided that an administrative permit
is first obtained pursuant to Section 35-800 of these ordinances.
j. Other uses similar in nature to the aforementioned uses, as determined by the City
Council.
k. Drop-in child care centers licensed by the Minnesota Department of Public Welfare
pursuant to a valid license application, provided that a copy of said license and
application shall be submitted annually to the City.
2. Special Requirements
a. See Section 35-412 of these ordinances.
3. Special Uses
a. Gasoline service stations(see Section 35-414),motor vehicle repair and auto washes
provided they do not abut an Rl,R2,or R3 district,including abutment at a street line;
trailer rental in conjunction with these uses, provided that there is adequate trailer
parking space.
35-34
b. The sale or vending at gasoline service stations of items other than fuels,lubricants or •
automotive parts and accessories (and other than the vending of soft drinks, candy,
cigarettes and other incidental items for the convenience of customers within the
principal building)provided adequate parking is available consistent with the Section
35-704,2 (b)and 2(c).
c. Drive-in eating establishments and convenience-food restaurants provided they do not
abut an RI, R2, or R3 district including abutment at a street line. (However,
convenience food restaurants without drive-up facilities and located within the
principal structure of a shopping center of over 250,000 sq. ft. of gross floor area shall
be considered a permitted use.)
d. Eating establishments offering live entertainment; recreation and amusement places
such as motion picture theaters and legitimate theater; sports arenas, bowling alleys,
skating rinks,and gymnasiums,all provided they do not abut an RI,R2,or R3 district,
including abutment at a street line.
e. The sale of motor vehicles at retail.
f. The out-of-door display and sale of marine craft at retail.
g. Transient lodging.
h. Animal hospitals.
•
L Public transportation terminals (excluding truck terminals).
j. Clubrooms and lodges.
k. Accessory off-site parking not located on the same property with the principal use,
subject to the provisions of Section 35-701.
1. Sauna establishments and massage establishments, provided they do not abut any
residential (RI through R7)district, including abutment at a street line.
m. School bus garage facilities provided all storage, including vehicles, and minor
servicing and minor repair shall be conducted wholly within an enclosed building and
further provided it does not abut any residential (R1 through R7) districts, including
abutment at a street line.
n. Amusement centers provided the property on which the amusement center is to be
located is not within 150 feet of any residentially zoned(RI through R7)property.
City of Brooklyn Center 35-35 City Ordinance
o. Automobile and truck rental and leasing.
p. Tennis clubs,racket and swim clubs and other athletic clubs,health spas and suntan
studios.
q. Group day care facilities provided developments, in each specific case, are
demonstrated to be:
7
1. Compatible with existing adjacent land uses as well as with those uses permitted
in the C2 district generally.
2. Complementary to existing adjacent land uses as well as with those uses
permitted in the C2 district generally.
3. Of comparable intensity to permitted C2 district land uses with respect to activity
levels.
4. Planned and designed to assure that generated traffic will be within the capacity
of available public facilities and will not have an adverse impact upon those
facilities,the immediate neighborhood, or the community.
5. Traffic generated by other uses on the site will not pose a danger to children
served by the day care use.
Furthermore,group day care facilities shall be subject to the special requirements set forth
in Section 35-412.
•
City of Brooklyn Center 35-36 City Ordinance
Section 35-411. SPECIAL REQUIREMENTS IN C1 AND CIA DISTRICTS.
1. All storage, display, service, repair or processing shall be conducted wholly within an
enclosed building. Semi-trailers may not be used for the out of door storage of materials,
equipment, merchandise, inventory, etc.
2. Incineration of waste material shall be conducted in approved equipment located within the
building wherein the permitted use is conducted. Equipment shall be considered"approved"
when approved by the zoning official and sanitarian.
3. Where a C1 or C 1 A development abuts an RI,R2 or R3 district other than at a public street
line, buffer provisions shall be established. There shall be provided a protective strip not
less than 15 feet wide with an opaque fence or wall or a Council approved substitute. The
protective strip_shall not be used for parking, driveways, off-street loading or storage and
shall be landscaped. The screening device design must be approved by the City Council as
being in harmony with the residential neighborhood and providing sufficient screening of
the C 1 or C 1 A area. A proposed fence or wall shall be no less than four feet in height and
shall not extend within 10 feet of any street right-of-way.
4. No building permit shall be issued until a site and parking layout has been approved as
provided in Section 35-230. No parking shall be permitted within 35 feet of any major
• thoroughfare right-of-way or within 15 feet of any other right-of-way and the 35 foot or 15
foot area shall be maintained as a green strip.
The site layout shall include an underground lawn sprinkler system to facilitate maintenance
of site landscaping and green areas.
5. On developments of sufficient magnitude so as to require on-site water main or sewer main
construction, plans for such facilities shall be designed by and installed under the
supervision of a civil engineer registered in the State of Minnesota and shall be submitted
to and approved by the City Engineer. In cases where on-site water or sewer main
construction is required,the land owner or developer shall enter into a water and sewer main
and fire hydrant maintenance and inspection agreement with the City, which agreement
shall grant the City the right to enter the development to accomplish maintenance,inspection
or repairs that are in the public interest.
•
35-58
6. In the case of group day care facilities,outside recreational facilities shall be appropriately
separated from the parking and driving areas by a wood fence not less than four feet in
height;or a Council approved substitute;shall be located contiguous to the day care facility;
shall not be located in any yard abutting a major thoroughfare unless buffered by a device
set forth in Section 35-400,Footnote 10; shall not have an impervious surface for more than
half the playground area; and shall extend at least 60 feet from the wall of the building or
to an adjacent property line, whichever is less, or shall be bounded on not more than two
sides by parking and driving areas.
7. Nursing care homes shall provide one six inch diameter tree per 14 beds. Tree species shall
be long-lived hardwood. Six inch and larger trees existing on the site may be credited
toward this requirement.
Section 35-412. SPECIAL REQUIREMENTS IN C2 DISTRICTS.
1. All storage,display, service, repair or processing shall be conducted wholly within an
enclosed building or behind an opaque fence or wall not less than six feet high, or high
enough to completely screen the storage or other activity from view of the abutting property
at ground level. Semi-trailers may not be used for the out of door storage of materials,
equipment, merchandise, inventory, etc. The outdoor storage of merchandise during
business hours on a private pedestrian walkway located contiguous to the primary building
is not prohibited by this section. This requirement shall not apply to the out of door storage•
and display of new and used motor vehicles or marine craft for which a special use permit
has been issued. Neither shall the requirement apply to the out of door retail sale of food
at drive-in eating establishments for which a special use permit has been issued. Temporary
outdoor storage and display of merchandise may be allowed by permit pursuant to Section
35-800 of this ordinance.
2. Incineration of waste matter shall be conducted in approved equipment located within the
building wherein the permitted use is conducted. Equipment shall be considered"approved"
when approved by the zoning official and sanitarian.
3. Where a proposed C2 development abuts an Rl, R2, or R3 district other than at a public
street line,buffer provisions shall be established. There shall be provided a protective strip
of not less than 35 feet in width. The protective strip shall not be used for parking,
driveways,off-street loading or storage and shall be landscaped. The landscape treatment
shall contain an opaque fence or wall which shall not extend within 10 feet of any street
right-of-way. The fence or wall design must be approved by the City Council as being in
harmony with the residential neighborhood and providing sufficient screening of the
commercial area. The fence or wall shall be eight feet in height. The protective strip shall
contain no structures other than the approved fence or wall.
35-59
4. No building permit shall be issued until a site and parking layout has been approved as
provided in Section 35-230. No parking shall be permitted within 15 feet of the street right-
of-way and this 15 foot area shall be maintained as a green strip.
The site layout shall include an underground lawn sprinkler system to facilitate maintenance
of site landscaping and green areas.
5. On developments of sufficient magnitude so as to require on-site water main or sewer main
construction, plans for such facilities shall be designed by and installed under the
supervision of a civil engineer registered in the State of Minnesota and shall be submitted
to and approved by the City Engineer. In cases where on-site water or sewer main
construction is required,the land owner or developer shall enter into a water and sewer main
and fire hydrant maintenance and inspection agreement with the City,which agreement shall
grant the City the right to enter the development to accomplish maintenance, inspections or
repairs that are in the public interest.
6. Access from a local street intended primarily to serve residential development may only be
allowed upon a finding by the City Council that such access will not negatively affect the
residential character of that neighborhood.
7. In the case of group day care facilities, outside recreational facilities shall be appropriately
• separated from the parking and driving areas by a wood fence not less than four feet in
height; or Council approved substitute; shall be located contiguous to the day care facility;
shall not be located in any yard abutting a major thoroughfare unless buffered by a device
set forth in Section 35-400,Footnote 10; shall not have an impervious surface for more than
half the playground area; and shall extend at least 60 feet from the wall of the building or
to an adjacent property line, whichever is less, or shall be bounded on not more than two
sides by parking and driving areas.
•
35-60