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HomeMy WebLinkAbout1977 10-13 PCP PLANNING COMMISSION AGENDA . REGULAR MEETING October 13, 1977 .1. Call to Order: 8: 00 p.m. 20 Roll Call: 3. Approval of Minutes : September 29 , 1977 4. Chairman' 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 make-- recommendations to the City Council . The City Council makes all final decisions on these matters. S. Gerald Jacobson 77055 Special Use Permit for home occupation at 1821 Irving Lane. 6. Gittleman Corporation 77058 Site plan amendment for joint access at Twin Lake North Apartments , 4500 Block on 58th Avenue North. • 7 . Jesus People Church 77044 Special Use Permit for church in R- 3 District on property bounded by I-94 , Shingle Creek Parkway, and old and new Xerxes Avenues North. (Tabled on August 25 , 1977) 8. Discussion Items: a. Metro Land Planning Act - Comprehensive Planning b. Neighborhood Advisory Groups c. Application No. 77034 d. Pending Items 9 . Other Business : 10. Adj ournment: • Planning Commission Information Sheet Application No. 77055 Applicant: Gerald A. Jacobson Location: 1821 Irving Lane North Request: Special Use Permit Several weeks ago it came to the attention of the Inspection Department that the applicant, who had recently moved into the above premises, was employing a non- resident on the premises as part of a commercial business consisting of roof contracting. Information obtained from that individual and from the applicant later indicated the nonresident person answers the phone for the business at the home five days per week. According to the information supplied by the applicant, none of the equipment or vehicles or storage relative to the roof contracting business is at this premises, and the only office-type activity occurs there. The Zoning Ordinance provides that not more than one nonresident person may be employed as part of a home occupation; and home occupations involving the employment of not more than one nonresident constitute special home occupations requiring a Special Use Permit. A public hearing has been scheduled. The activity appears to be within the intent of the ordinance, and approval is recommended subject to the following conditions: 1 . The permit is issued to the applicant as operator and is not transferable. 2. . The permit is subject to all applicable ordinances, codes and regulations and violation thereof may be grounds for revocation. 3. The permit comprehends an office-type use in the home involving the employment of not more than one nonresident person on the premises relative to the office use. The storage of materials, vehicles or the employment of additional personnel on the premises is prohibited. 10-13-77 Tl_ 7 N o AVE, gr I ! � W - -- AS / Q ' Q > I PALMER �- %LAKE v z PARK t > ��P� A� ' �� -rroN Z X f /O`r I 1�0, 7 7 55 a Z ' a� 4 -) W 70 T M V EE AV I 70 TH AV y 0 R5 REIIERS v CG'i 7dTY ROAD f Idol R5 j C �. S 2 R - C SHINGLE CREEK PARKWAY R5 461 I1 61 — I EN SPACE z 67 H AVE _ r i Y ►+ BROOKLYN CEP a HIGH SCHOt / a a LU R S W K W W ir (� Q C 2 FREEWAY BLVD. 6 c I Planning Commission Information Sheet Application No. 77058 Applicant: Gittleman Corporation Location: Twin Lake North Apartment Complex, 4500 'Block on 58th Avenue North Request: Amend Approved Site Plans The application represents an amendment to the original site plans approved for the Twin Lake North Apartment complex under Application No. 68002. The request is stimulated by a proposed 66 unit condominium apartment project on the adjacent site to the west in the City of Crystal . This proposed project was briefly reviewed at the last meeting in response to a notice of public hearing received from the City of Crystal . The applicant is propos'ng a joint access from the proposed condominium project into the Brooklyn Center site with traffic flowing along the existing driveway onto County Road 10. The applicant has elected to have the main access to the proposed project from County Road 10 rather than from other sites in the City of Crystal , apparently due to geographical and topographical considerations . Hennepin County Public Works, in response to the proposed plat for the new project, has recommended that if there is to be access onto County Road 10, it should be in conjunction with the existing curb cut to the apartment complex rather than through a new curb cut nearby. The basic concerns include the detailed design of the onset curb cut and access point as well as the design of the curb cut onto County Road 10. Also of concern • is the need for appropriate documentation to legally set forth the access provisions delineating the right of access and responsibility for maintenance; as well as the provision for on-site inspection and maintenance of public utilities (including water and sewer lines) by the City, if necessary. The Engineering Department has been reviewing the submitted plans in detail , and we will be prepared to discuss the various recommendations at the meeting. Recommended conditions of approval include: 1 . Grading, drainage, utility and curb cut design plans are subject to approval by the City Engineer. 2. A Performance Agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements . 3. Appropriate documentation as approved by the City Engineer and the City Attorney shall be executed relative to the joint access, ownership, and maintenance responsibilities; and the provision for inspection and maintenance by the City, if necessary, of the common facilities. 10-13-77 I I -- -- — LANE m -- _ SCHOOL Q _- _ i 4 ME r T t 5 K\LAWN PARK zx�\ \ \ \ \ I W c IRPORT cr N� / / c W Y !f �z 1 f a°a JE _ 79 T H OPEN SPACE cr W � o i < RA t Q SaT H AYE N 7TH �+ o _ ST U Jr W ji- � r o 5 S7 TM AYE N 1 f W i I i E. LUJI 0 }- J Q A{ - Q i , �� #---- UO BOA o • a / h Mc) -- • • J J1 ! — _ 'r / I � •wf � � �J i s r •, 9 A I � / lftil.4 r• OD ` co i' 7% _ o ao ye 1. if tA -� S : I 550 Oil y 570 C-7 - M � ,-tia.?�cM: ..+ .' _..•--. .. ... jlt[ LOCATION PI AA/ p E 5 5 MAP .... . . .M. • AD f ppLA�ENfNNEERI4�ING NO FT's I Planning Commission Information Sheet Application No. 77044 Applicant: Jesus People Church Location: Shingle Creek Parkway and Xerxes Avenue North Request: Special Use Permit The item was considered at the August 25, 1977 meeting and was tabled to refer the concerns relative to housing to the Housing Advisory Commission; to direct the staff to analyze the applicable local and Metropolitan Council housing policies; to refer the matter regarding amendment of the Comprehensive Plan in compliance with special use standards to the Northwest Neighborhood Advisory Group; and to permit time for the preparation of additional data regarding the inventory of churches and other tax-exempt properties in the Brooklyn Center School District, and the preparation of a cross sectional rendering showing the site elevation from the residential properties west of the subject site. Attached are the original agenda information sheets; a letter from the applicant which specifies the special use standards in the ordinance with the applicant's responses; the written report of the Northwest Neighborhood Advisory Group which has recommended approval of the application; and a map of the area. You were sent, under separate cover, copies of the Housing Commission minutes when this matter was deliberated. The Housing Commission did not take specific action, but rather the members were polled as to their comments . It was the general feeling of the Housing Commission that the property should be retained for residential development. A representative of the. Metropolitan Council 's Housing Division offered a present- ation describing the Council 's housing policies before the Housing Commission on October 11 . The Mayor and several City Councilmen, as well as Chairman Scott and Commissioner Jacobson were present at that session. Generally, the Metropolitan Council development framework and the housing policies would support the Brooklyn Center Comprehensive Plan and endorse the retention of this land for eventual housing. Another consideration which would be given to this request is that the amount of R-3 zoned land in the City is limited, especially with respect to sites of 15 acres or more which can be used for planned unit developments as well as for townhouses only. A finding that a noncommercial use such as that proposed by the applicant was an appropriate alternative use, rather than housing on this site, would be equally as consistent with any of the other sites. We will be prepared to comment in detail on The submitted plans as well as the general proposal and depending on the disposition of the application to recommend the conditions of approval relative to site and building plan approval . 10-13-77 Planning Commission Information Sheet (continued from previous meeting) Application No. 77044 • Applicant: Jesus People Church Location: North of I-94, south of Shingle Creek Parkway, between old and new Xerxes Avenues North Request: Special Use Permit The applicant seeks a Special Use Permit and related Site and Building Plan approval for a proposed church on the approximate 20 acre tract which is in the R-3 zoning district. The proposed church development consists of a Phase I including the main church building, parking, and athletic field. The Second Phase comprehends a school ad- dition attached to the church. The proposal comprehends an approximate 3,000 seat sanctuary initially with the potential of up to 4,200 seats . The ordinance parking ratio for churches and places of public assembly is one parking space for, every 3 seats. The conceptual master plan submitted by the applicant indicates that adequate parking can be provided including parking for office space and the proposed second phase educational wing. The applicant has indicated that the full ordinance required complement of parking would not be necessary during the initial phase and proposes a deferral of a portion of that parking. The areas not used for building or parking would be landscaped. There are several specific considerations which must be addressed in evaluating this major development proposal on the residentially zoned land. 1 . Special Use in R-3 zone. Churches and schools are specifically listed as special uses in the R-1 and R-2 zoning districts. In the R-3 zoning district which is the zoning of the subje.:t property, the ordinance provides as follows: "Non-commercial uses required for the public welfare in an R-3 district, as determined by the City Council . " Therefore, unlike the R-1 and R-2 zoning districts where churches are specifically mentioned, a specific finding must be made by the Planning Commission and City Council that the proposal represents a non-commercial use required for the public welfare in this zoning district. Such a finding may be based on a variety of factors, not the least of which is the established permitted uses for this zoning district, namely, attached single family homes or townhouse/garden apartments . The 20 acre site could contain approximately 160 R-3 type dwelling units, either rental or individually owned, and that type of use has been clearly established by the Comprerensive Plan and the Zoning Ordinance. Another related concern would be removal of the land from the tax rolls if it were used for a bona fide church use such as that proposed. 2. Compliance with Special Use Standards . The Zoning Ordinance at Section 35-220 states that a special use permit may only be granted by the City Council after demonstration by evidence Lhat five ,� standards are met. Application No. 77044 continued: The applicant has submitted the attached letter dated July 25, 1977 which sets Forth those five standards as well as the appli- cant's "statement and/or evidence of compliance." The letter also speaks to the first point regarding the finding that it is a non- commercial use required for the public welfare in the- R-3 district. 3. Comprehensive Plan Guideline. The Comprehensive Plan on page 84 relative to plan recommendations for the Northwest Neighborhood states: .Promote the development of single family attached housing (townhouses) . . . .at the east edge of the neighborhood south of 69th Avenue and west of Xerxes Avenue . While these tracts would also be suitable for higher density multiple family housing, it is recommended that single family group housing be encouraged due to the general lack of suitable sites for such housing in the village, and also because of the st2ted goal to provide a wide range of housing choice at different price levels . A specific finding, in the form of an amendment to the Compre- hensive Plan, should be established to the effect that. the proposed special use is deemed to be an appropriate alternative to the single family attached housing. This finding is con- sistent with the one required by the Zoning Ordinance which is described above under Item No. 1 . • Because of the impact the proposed use would have on existing residential develop- ment, and because of the loss of potential housing units, it would be advisable to seek the input of the Housing Advisory Commission on 'the matter of permitting a development other than the approximate 160 housing units. Our recommendation at this point would be to seek the input from the Housing Advisory Commission and from the Northwest Neighborhood Advisory Group due to the magnitude of the development and the impact of the development on that neighborhood. In conjunction with the review by the Housing Commission, it would be advisable to review the Metropolitan Council Housing policies since the Metro- politan Land Planning Act requires Brooklyn Center Comprehensive Planning to be consistent with the development framework policies of the Metropolitan Council . Notices of the scheduled public hearing were sent to all property owners within 350 ft. of the subject site as well as the Brooklyn Center School District. • 10-13-77 csu6 IDeople ChuirCh_ 0 24th & Nicol let Pastors: Minneapolis, Minn. 55404 Roger Vann Dennis Worre (612) 874-1551 Minister of Music: July 25, 1977 Thomas Elie Blair Tremere Director of Planning and Inspection 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Tremere: The Jesus People Church respectfully requests the City of Brooklyn Center's approval of a special use permit for a church to be developed on Outiot E of the Twin Cities Interchange Park. This 20 acre parcel is aenerally located at the Southwest Corner of Xerxes Avenue North and Shingle Creek Parkway. The accompanying brochure outlines the specific facilities proposed for the church devel- opment and describes generally the work of the Jesus People Church. Further, the physical development program of the church facility is indicated on the required submission drawings. The Brooklyn Center zoning ordinance in Section 35-220(2a-e) states that a special use permit may only be granted by the City Council after demonstration by evidence that five findings are met. The five ordinance standards are stated below with each followed by the s People Church's statement and/or evidence of compliance. Section 35-220(2a) "The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals or comfort." Like any other church, the Jesus People Church, through its ministry and service to the community, exist for the purpose of enhancing the general public welfare. It is our opinion that the development of the church and the practice of its ministry in no way could be construed to be detrimental to or endanger the public health, safety, morals or comfort of the citizens of Brooklyn Center. Section 35-220(2b) "The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. " The meeting of this standard requires consideration of the appropriation of the uses as well as the physical development of the site as proposed. Examination of the proposed development plans in conjunction with the following points will illustrate that this use will benefit the area and in no way injure the use of other property in the immed- iate vicinity. * The church will act as a transitional use or buffer between the residential neigh- borhood to the west and the industrially zoned to the east. * Previous planning efforts have recognized the potential for high traffic volumes generation from this site and the City has developed a high capacity arterial road system serving this site that channels traffic directly to the regional transporta- tion system. Traffic to and from the site completely avoids the residential neigh- borhoods. eSu8 Peopte Church 24th & Nicol het Pastors: Minn. 55404 Roger Vann Minneapolis, Dennis Worre 0612) 874-1551 PAGE 2 Minister of Music Thomas Elie * The major traffic volumes to the church will be at off-peak periods and therefore will not add to current traffic peaks. * The Jesus People Church is making a major investment in the community with a build- ing of distinctive architecture and an aesthetic treatment of the site. This should act to stabilize values in the area by establishing a compatible use in the area. * Parking areas serving the use will be screened .from view of the residential area to the west with landscape plantings. * A pedestrian-bikeway trail will be provided through a portion of the site permitting the continued pedestrian movement between Xerxes and the residential neighborhood to the west of the site. Section 35-220(2c) "The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. " As previously stated, this use will act as a transitional use between the residential neighborhood and the undeveloped industrial land to the east. As such, the use will enable the industrial land to develop as planned and act as a buffer to the residential neighborhood. The road locations , zoning patterns and utility needs for the area will • not require change for this use. Further, the Jesus People Church sees no conflict between the church facility and functions and a quality industrial park development and has agreed with the Earle Brown Farm that it would not protest the use of the adjacent undeveloped lands . Section- 35-220(2d) "Adequate measures have been or will be ta!<en to provide ingress , i egress and parking so designed as to miniiiiize traffic congestion in the public streets." The accompanying site plan addresses the questions of traffic control , accessibility and parking space layout. It should be further noted that the adjacent streets are designed to accommodate comparatively high volumes of traffic and the primary church use operates at off peak times (Sunday and Wednesday evening) . Section 35-220(2e) "The special use shall , in all other respects , conform to the- appli- cable regulations of the district in which it is located." The church use of the site is being proposed as a special use in the R" 3 district (Section 35-312-3a) of the zoning ordinance which provides as a special use "(a) non-commercial uses required for the public welfare in a R-3 district, as deter- mined by the City Council ". It is the opinion of the Jesus People Church that this facility will be by the ordinary definition of a church a use that is in operatic, for `'the public welfare" and that the use is "non-commercial " in nature. Further, the site design has been designed to all standards of -the zoning ordinance. No variances to standards have been requested. However it is requested that the developed parking be limited to a ratio of the anticipated congregation size for the next two to three years rather than the ultimate seating capacity. As the congregation increases in size the parking will be increased. Church- Jcsu� 24th & Nlcollet Pastors: Minneapolis, Minn. 55404 Roger Vann Dennis worre (612) 874-1551 PAGE 3 Minister of Music: Thomas Elie The staff and congregation of the Jesus People Church thank you for your consideration of this application. Sincerel , JESU P PLE C ennis E. Worre, Pastor DEW:skc • October 10, 1977 Mr. Blair Tremere, Secy. Planning Commission City of Brooklyn Center From: Northwest Neighborhood Advisory Group ..abject: Request for Special Use Permit submitted by Jesus People Church per Application No. 77044. The Group held its first meeting at 7:30 P. M. in the Community Building on Sept. 15, 1977. Present were: Olson, Carlson, Uhlenkott, Magnuson and Terzich. Chairman Scott of the Planning Commission attended the meeting. At 9:20 P. M. the meeting was recessed until 7:30 P. M. Sept. 20, 1977 to allow time to obtain more data on the tax impact and to obtain tentative plans of the proposed church development. Members present at the second meeting were: Olson, Carlson, Uhl.enkott and Terzich. Mr. Blair Tremere of the Planning Commission attended and answered a number of questions pertaining to the subject matter. Speaking in behalf of the Jesus People Church were: Dennis Worre, John Worre, Cal Hedlund, and Linda Donaldson. Speaking in behalf of the Brooklyn Center School District were Robert Spies and Doug Rossi. W. George Maylebe,i made a statement favoring the present R-3 zoning. Mr. Dale Magnuson related consensus of the Housing Committee to retain the present R-3 zoning in view of the need to provide housing space in the Brooklyn Center School District due to about 99% development of the residential areas in the District. After discussion and due consideration of the data and statements made by all concerned, the Northwest Group voted unanimously to recommend that the Planning Commission approve the request of the Jesus People Church per Application No. 77044, for the following reasons and conditions: 1. The proposal is deemed to be a non-commercial use required for the public welfare in an R-3 district. 2. The proposal is deemed to be an appropriate alternative to the single family attached housing. 3. Traffic to and from the site shall be restricted to Xerxes Ave. and/or Shingle ide d aw from the Creek Park:_ay which border the site on the easterly s an a,� single family residences bordering un the west. 4. The proposed church development would provide as good a buffer between the . single family homes and the industrial park as would townhouses. Page 2 5- In spite of the various data provided on the taxes that would be provided with townhouses or lost thru tax exemption by church use, the Group felt • the tax consideration should not be the overriding reason to reject the Church request. 6. A proposal to rezone the subject site to I-1 (Industrial Park) in July 1976 was denied for several reasons. The site has been available for R-3 development for a number of years but the Group was not aware of any interest to build.to*rnhouses there. The proposal by the Jesus People Church is deemed appropriate and in the public interest and welfare. 7. The site plans should conform to all requirements as to drainage, screen- ing, lighting and parking, especially as they pertain or could effect the existing residences along the westerly boundary of the subject site. NORTMIESTZHEIGHBORHOOD ADVISORY GROUP r4; Louis Terzich, Secy. ' PJE ro J s o����,^ 1 inch=200 feet X C'F 6 p -3 too�.�� TWIN '� s �'s .f 8�,-",(, t CITIES T '3Lv so 3 Sp'So f' as - INTERCHANGE - 4 i P' i PARK L ti l'9 cps 4 E.V L! 4 s