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HomeMy WebLinkAbout2013 07-25 PCP 3 City of BROOKLYN CENTER PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JULY 25, 2013 1. Call to Order: 7:00 PM 2. Roll Call 3. Approval of Minutes—July 11, 2013 Meeting 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. Planning Application Items a) Recreation Fire & Miracles Ministries Church Planning Application No. 2013-012 Property Address: 6601 Shingle Creek Parkway PUBLIC HEARING — a request for Special Use Permit (pursuant to City Code Section 35-330; Subpart 3), to operate a church in an existing commercial office/warehouse facility, situated in the PUD/1-1 (Planned Unit Development/Industrial Park)zoning district. 6. Other Business a) Staff updates on City Council action items from the July 22, 2013 meeting 7. Adjournment MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JULY 11, 2013 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:01 p.m. ROLL CALL Chair Burfeind, Commissioners Randall Christensen, Carlos Morgan, Michael Parks, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Benjamin Freedman was absent and excused. APPROVAL OF MINUTES —JUNE 26, 2013 There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to approve the minutes of the June 26, 2013 meeting as submitted. The motion passed. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as 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. APPLICATION NO. 2013-008 THE LUTHER COMPANY,LLLP Chair Burfeind introduced Application No. 2013-008, ,a request for site and building plan approval for a new 32,100 sq. ft. Volkswagen auto dealership facility located at 6801 Brooklyn Boulevard. (See Planning Commission Information Sheet dated 7-I1-13 for Application No. 2013-008.) Mr. Benetti explained the site for the proposed new two-story building consists of 4.99 acres and is zoned C-2 (Commerce). He added the proposal involves demolition of the existing buildings on the site prior to construction of the new Volkswagen auto dealership. Mr. Benetti pointed out the three access points along 68th Avenue North are being adjusted to the new layout of site and the access near the corner of 68th Avenue and Brooklyn Boulevard will be removed with the only access of 68th Avenue. He also stated the plans indicate a new retaining wall with a fence to be located along the west property line. The Chair called for further discussion or questions from the Commissioners. Commissioner Morgan asked how many cars will be on the sales lot. Mr. Benetti replied the number of parking spaces reflects how many cars will be available for sales and they are showing 386 parking spaces on the plan. Page 1 7-11-13 Chair Burfeind asked if the building will look similar to the new building across the street. Mr. Nguyen Hoang, Architect for Luther, stated the precast panels will be the same as the Toyota building. Chair Burfeind stated he noted there is a large sediment base used for water retention. Mr. Hoang replied an underground water drainage system is planned on the site. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-10 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-008 SUBMITTED BY THE LUTHER COMPANY, LLLP REQUESTING SITE AND BUILDING PLAN APPROVAL OF THE NEW LUTHER BROOKDALE VOLKSWAGEN AUTOMOBILE DEALERSHIP FACILITY (6801 & 6837 BROOKLYN BOULEVARD) There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2013-10. Voting in favor: Chair Burfeind, Commissioners Christensen, Morgan, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its July 22, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2013-010 and 2013-011 THE LUTHER COMPANY,LLLP Chair Burfeind introduced Application Nos. 2013-010 and 2013-011, a request to rezone the three parcels from R3 (Multiple Family Residence) District to PUC/C2 (Planned Unit Development/Commerce)District and a request for PUD Amendment approval to the 2008 Luther Auto Toyota-Honda Planned Unit Development, By Incorporating Three Parcels of Land Area (Totaling 1.78 Acres) into the New Honda Automobile Dealership Site, which is part of the approved 2008 Luther Auto Honda-Toyota Planned Unit Development, and includes a proposed Site Development Plan to Provide Additional Vehicle Storage and Parking Area for the Honda Dealership(All For The Properties Located at 3955, 4001 &4007—69th Avenue North) Mr. Benetti provided a brief history of the property involved and reviewed the properties acquired by the Luther Company as part of the redevelopment of the site(s) which are part of the rezoning. Mr. Benetti further reviewed the city's Rezoning Evaluation Policy and Review Guidelines as they relate to this application. He further provided analysis of the PUD amendment including the following: The original 2008 Luther Brookdale Honda-Toyota PUD was approved based on the following considerations: Page 2 7-11-13 1) The rezoning of the entire planned development site from C2 (Commerce) and R3 (Multiple Family Residence) to new PUD/C2 (Planned Unit Development/Commerce) District. 2) The creation of two new lots under a new Bri-Mar 2nd Addition, specifically: a) Lot 1, Block 1, Bri Mar 2nd Addition (the northerly lot) consisting of 8.17 acres, reserved for the new Brookdale Honda Dealership, addressed as 6800 Brooklyn Boulevard; and b) Lot 2, Block 1, Bri Mar 2nd Addition (southerly lot), consisting of 8.23 acres, reserved for the development of a new Toyota dealership, addressed as 6700 Brooklyn Boulevard. 3) The development of a new Honda dealership facility with 53,277 sq. ft. of showroom, office, service operation and storage facility; and a new (separate) Toyota dealership facility with 56,521 sq. ft. of showrooms, office, service operation and storage facilities. 4) Allowing an automobile repair facility abutting R-1, R-2 or R-3 zoned property; 5) Waiving the requirement to combine 4215- 69th Avenue North into a single parcel with 6800 Brooklyn Boulevard because of common ownership and common use; and 6) Allowing a slight encroachment into the 15 ft. green strip at the southwest corner of the Toyota site to allow a decorative main display pad with a pergola and a fence and a "Welcome to Brooklyn Center" ground message. In 2011 Luther Company requested subdivision plat approval of their proposed Bri Mar 2nd Addition, which replatted five parcels into the two, larger lots. Luther also submitted a request for minor amendment to the previously approved 2008 planned unit development(PUD)with the following modifications: 1) Allow the Honda dealership building to be reduced from 53,277 sf. to 52,228 sf.; 2) Allow the Toyota dealership building to be reduced from 56,521 sf. to 53,830 sf.; 3) Allow the two dealership building to modify their original footprint (overall shapes) and readjust their positions on the new individual lots; 4) Minor parking lot improvement modifications; and 5) Revise the original 2008 preliminary plat submittal of Bri Mar 2nd Addition by readjustment of lot lines between the Honda and Toyota dealership sites; and include the former Pilgrim Cleaners parcel (4215 69th Avenue N.) into the Honda lot. Both the PUD Amendment and Bri-Mar 2nd Addition plat were approved that same year, and construction of the two dealership facilities began in the latter part of 2011 and completed in late 2012. Page 3 7-11-13 Mr. Benetti explained that under this PUD amendment, Luther is requesting approval to incorporate three newly acquired residential lots into the approved PUD. Commissioner Christensen stated there was a previous discussion about a reduced buffer on the south side of the property which seems to be close to one of the townhomes. Mr. Benetti stated there will be a 10 ft. screen wall along the property line bordering the neighboring townhomes. There was further discussion regarding the screening and buffering proposed for the site. PUBLIC HEARING—APPLICATION NO. 2013-010 There was a motion by Commissioner Christensen, seconded by Commissioner Morgan, to open the public hearing on Application No. 2013-010, at 7:31 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Ms. Melina Garcia, 6913 France Ave N, and April Heckard, 6907 France Ave N, stated they received a notice about the meeting and are here to express their concern regarding the application. They feel the business is now encroaching into the residential area and will create additional traffic in the area. They are also concerned about the lighting on the site and how it will affect their property. They are both new homeowners and feel even with additional buffering, their homes will not feel the same. They stated they felt after getting a notice about the meeting they would have some input but feel that this is already a done deal. Ms. Garcia and Ms. Heckard asked for further information regarding the previously approved plan. Mr. Benetti explained the history of the two new Toyota and Honda auto dealerships recently constructed. He further described the process involved in amending the previously approved PUD. Ms. Garcia and Ms. Heckard stated they are concerned with flood lights pouring onto their property if this is approved. Mr. Eitel explained that this area is proposed for parking of vehicles only and with the width of 69th Avenue North, the neighbors on the north side of 69th Avenue should have no impact from lighting on the site. He added that the lights would be required to project downward. Ms. Garcia asked if there is any consideration to add landscaping on the site and not just the big concrete wall. Mr. Benetti replied there would be additional landscaping on the site to include trees, shrubs, etc. to provide aesthetic, buffering and screening improvements. Ms. Heckard asked about access to the site. Mr. Benetti responded all access points to the site will be through the Honda site and no additional access to 691h will be provided. He added the driveways to the single family homes that were demolished will be removed along 69th Avenue. Mr. Eitel stated the city's goal is to maintain the residential integrity of the surrounding neighborhoods and the City is sensitive to the points being raised. Ms. Garcia asked why the height of the wall changes on the site. Mr. Eitel explained the screening along 69th and France will be 8 ft. in height and drops down to 6 ft. further west. Page 4 7-11-13 Ms. Linda McGinty, Luther Companies,thanked the residents who took the time to come here. She stated there were some requirements such as no overhead paging and lighting on the site must meet certain levels so as to not cause glare. She added if the lighting significantly impacts their livability they should contact her because they want to be a good neighbor. She also clarified they are attempting to provide additional parking on the site in order to allow development of the VW dealership on the west side of Brooklyn Boulevard which they are currently using for storage of vehicles. CLOSE PUBLIC HEARING There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to close the public hearing on Application No. 2013-010. The motion passed unanimously. PUBLIC HEARING—APPLICATION NO. 2013-011 There was a motion by Commissioner Schonnmg, seconded by Commissioner Christensen, to open the public hearing on Application No. 2013-011, at 8:02 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Ms. McGinty, Luther Companies, pointed out an item from Steve Jankowski's report, Item No. 18, stated a cross access agreement is required between two properties. She stated there is going to be one lot, not two, so no cross access agreement should be required. Mr. Eitel replied staff acknowledges this agreement may be an error and will be corrected. Ms. Melina Garcia, 6913 France Ave N, and April Heckard, 6907 France Ave N asked for clarification on the second application. Chair Burfeind explained there were two separate applications and public hearings, one is for Rezoning and the second is for the PUD amendment. Ms. Garcia asked if there were any plans by the car dealerships to move or expand any further. Mr. Benetti responded the Luther Companies has invested heavily in the City and they do not anticipate them walking away from the site or the business since they do very well. He also stated there are no long range plans beyond what is being presented tonight. Mr. Eitel stated the median area along 69th Avenue North is maintained by the city and improvements to the landscaping will occur if needed. CLOSE PUBLIC HEARING There was a motion by Commissioner Morgan, seconded by Commissioner Christensen, to close the public hearing on Application No. 2013-011. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Page 5 7-11-13 Commissioner Christensen stated he would suggest the applicant and staff get together to verify and confirm the size and locations of fences and screening and work with the neighbors for an amicable solution. Chair Burfeind stated the public hearings are for the residents to voice their concerns and he appreciates them coming out and encourages them to continue to voice their opinion and talk to the applicant further. He pointed out the Commission is an advisory body and the City Council makes all final decisions. Commissioner Christensen asked about the brightness of the lighting on the site. Mr. Hoang replied they will have the capability to dim the lights at certain times of the night, however, with security concerns, they must keep the lights on at all times. He added they attempt to make the lighting as uniform as possible and the heights of the poles can also be lowered to create less glare on the site. He added there is a city lighting standard which will be met and there won't be any light shining on surrounding properties. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-11 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-010 AND 2013-011 SUBMITTED BY THE LUTHER COMPANY LLLP TO REZONE PROPERTIES FROM R3 (MULTIPLE FAMILY RESIDENCE) TO PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE) DISTRICT AND PUD AMENDMENT TO THE 2008 LUTHER AUTO TOYOTA-HONDA PLANNED UNIT DEVELOPMENT BY INCORPORATING THREE PARCELS OF LAND AREA (TOTALING 1.78 ACRES) INTO THE NEW HONDA AUTOMOBILE DEALERSHIP SITE, WHICH IS PART OF THE APPROVED 2008 LUTHER AUTO HONDA-TOYOTA PLANNED UNIT DEVELOPMENT AND INCLUDES A PROPOSED SITE DEVELOPMENT PLAN TO PROVIDE ADDITIONAL VEHICLE STORAGE AND PARKING AREA FOR THE HONDA DEALERSHIP (ALL FOR THE PROPERTIES LOCATED AT 3955, 4001 & 4007 — 69t' AVENUE NORTH) There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to approve Planning Commission Resolution No. 2013-11. Voting in favor: Chair Burfeind, Commissioners Christensen, and Schonning And the following voted against the same: Morgan and Parks The motion passed. The Council will consider the application at its July 22, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Page 6 7-11-13 CONIDERATION OF A RESOLUTION ADOPTING A POLICY FOR IMPLEMENTING CERTAIN ARCHITECTURAL DESIGN GUIDELINES WHICH ENCOURAGE ACTIVE LIVING PRINCIPLES FOR THE CITY OF BROOKLYN CENTER Mr. Benetti provided background information related to the city's participation in Hennepin County's Active Living Program which involves adopting and implementing Architectural Design Guidelines Which Encourage Active Living Principles. Mr. Benetti stated the items proposed are merely guidelines and not requirements but the city can provide for them under a policy whereby developers would be required to abide by the policy established. He further reviewed the details related to the following: Building Orientation Building Design Landscape and Site Treatment Mr. Benetti pointed out this plan/policy will work with the city's Complete Streets Policy to complement each other. Commissioner Morgan asked Mr. Benetti is staff feels good about this. Mr. Benetti replied staff wants developers to know what is expected by a developer by establishing certain guidelines and policies. He added in most cases developers will design their sites to accommodate the city's recommendations. Mr. Eitel added the city should start with a policy and work with it which leads to adoption of ordinances that will state what must be done. He further stated this policy will be incorporated with the Streets Policy to encompass pedestrian flow and traffic flow. Commissioner Morgan asked why cities don't like mirrored glass on buildings. Mr. Benetti replied that a mirrored reflection does not allow people to see inside a building and sometimes becomes a safety issue. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-12 ADOPTING A POLICY FOR IMPLEMENTING CERTAIN ARCHITECTURAL DESIGN GUIDELINES WHICH ENCOURAGE ACTIVE LIVING PRINCIPLES FOR THE CITY OF BROOKLYN CENTER There was a motion by Commissioner Morgan, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2013-12. Voting in favor: Chair Burfeind, Commissioners Christensen, Morgan, Parks and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider this policy at its July 22, 2013 meeting. Page 7 7-11-13 DISCUSSION ITEM There were no discussion items. f OTHER BUSINESS - FRANCE AVE BUSINESS PARK IV PUD LANDSCAPING AND SCREENING PLAN Mr. Eitel explained there was a problem with placing a screened fence along the southwestern portion of the property in relationship to the Twin Lakes Regional Trail because it did not meet the required 3 ft. clearance. It was suggested to locate the fence adjacent to the loading area next to the retention pond and follow the same alignment as the Azelia Avenue fence. It was further discussed an alternative to the fence would be planting of coniferous trees for a better long term solution. Commissioner Morgan stated he is in favor of the proposal. Commissioner Schonning asked if staff knew how the closest neighbor felt about the fence. Mr. Benetti replied he had the feeling the neighbor was apathetic and wasn't concerned with the fence. Chair Burfeind stated if the fence is located where proposed, it is useless and will not screen anything. He added the 3 ft. setbacks are established for regional trails because they are high volume and he would not see this as a safety issue. He added he has a difficult time with the 2 inch encroachment along the trail. Commissioner Christensen stated there are several areas on various trails where you are riding through someone's backyard and there are no fences between the yards and the trails. He would like to expedite this to allow the developer to complete the project. Commissioner Schonning stated he would like all the posts removed and would to see livable screening rather than a fence located away from the trail and closer to the site. It was the general consensus of the Commission to direct staff to continue to pursue a plan for a living wall/screening by amending the site plan with a minor amendment to the PUD. There was no other business. ADJOURNMENT There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:23 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 8 7-11-13 • rBR t ti L f V TER Planning Commission Report Meeting Date: July 25,2013 • Application Filed: 06/28/13 • Review Period(60-day)Deadline:08/27/13 • Extension Declared:N/A • Extended Review Period Deadline:N/A Application No. 2013-012 Applicant: - Recreation Fire and Miracles Ministries Church Location: 6601 Shingle Creek Parkway Request: Special Use Permit to Operate a Place of Religious Assembly (Church) in the PUD/I-1 (Planned Unit Development/Industrial Park)District INTRODUCTION Recreation Fire and Miracles Ministries is requesting a Special Use Permit to operate a church or place of worship within the PUD/I-1 (Planned Unit Development/Industrial Park) District. The property is located at 6601 Shingle Creek Parkway, which is identified as Freeway Business Center I Building. Pursuant to City Code Section 35-330; Subpart 3, "Places of religious assembly such as chapels, churches, temples, mosques and synagogues"requires a special use permit to operate in the I-1 Industrial Park District. This item is being presented for review under public hearing. Notices were mailed to all registered surrounding property owners within 350-feet of the subject property. BACKGROUND The property at 6601 Shingle Creek Parkway consists of 4.6 acres of land. The Freeway Business Center building was originally approved in 1984 as a 75,000 sq. ft. office/warehouse facility, which was zoned I-I Industrial Park zoning at that time. In 1995 the City approved the rezoning of this site and the surrounding properties from I-1 to PUD/1-1 (Planned Unit Development/Industrial Park) District. This rezoning also re-established (reallocated) the shared parking lot located in the central area of these properties, and provide for additional requirements on cost sharing and maintenance of the parking and private drive access (Parkway Circle). The site contains approximately 156 on-site parking spaces, with allowance of up to 121 spaces in the central parking area, or 227 spaces. This allocation was originally based on providing enough spaces for the new office areas, warehousing space and a clinic. According to the most recent property prospectus prepared by CSM (and submitted by the Applicants), the property currently has 44,026 sq. ft. of available space. According to the Applicants, the church intends to lease only 4,477 sq. ft. of the available building space. Part of this space is already developed with separated office and warehousing spaces, with 3,027 sf. for office are and 1,450 sf. of warehouse. The Applicant indicated only the office area would be used for the regular church activities area(assemblage) while the warehouse area will be used for only storage and supplies. The Applicant stated in their narrative that their church averages 76 people during their busiest times (Sunday); and they plan or wish to set-up 100 chairs. The church intends to hold regular services, weddings and baptisms only. The church's hours of operation (as per their lease with CSM) will be Monday through Friday from 5:00 PM until midnight. They will have full access on Saturday and Sunday with unlimited hours. Unless a wedding takes place on Saturday, the space will probably not be used. Services begin on Sunday starting at 9:00 AM and are reserved for the entire day. The Applicants indicated they do not plan to provide or allow any shared activities taking place on the property; as this was written into their own insurance policy. Parking will be accommodated along the front of the building as well as the back of the building(if needed). The Freeway Business Center building consists of approximately 75,000 sq. ft. of floor space. Of this, approximately 31,000 s£ is used by existing tenants, namely Hennepin County North Medical Clinic, MoneyGram Corporation, and Abra Auto Body and Glass. A small tenant space of 4,477 sf. of area will be leased to the church group. ZONING The subject property is zoned PUD/I-1 (Planned Unit Development /Industrial Park). As indicated previously, and pursuant to Section 35-330, Subdivision 3c, of the Zoning Ordinance "[P]laces of religious assembly such as chapels, churches, temples, mosques and synagogues" are all allowed by special use permit only in the 1-1 Zones. This section allows limited commercial and service and office uses such as proposed to be located in the I-1 zoning district provided the use can meet the general standards for special use permits contained in Section 35- 220 of the zoning ordinance and the special criteria outlined in Section 35-330, Subdivision 3e. COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITS Pursuant to City Code Section 35-220, Subdivision 2, the following standards must be measured or met in order to satisfy the issuance of a special use permit. . a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. App.No.2013-012 PC 07/25/2013 Page 2 STAFF ANALYSIS The analysis of this special use will provide responses to the five standards noted in 35-220, Subdiv. 2. a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. A supporting statement may be made that the establishment of a place of worship may promote and enhance the general public welfare, as the community of Brooklyn Center contains a large number of religious uses and places of assembly, serving a mixed variety and diverse population group and residents. This diverse populace and mix of different religious affiliation groups are what makes the community somewhat unique and recognized for its support of diversity and inclusion for all members of society. There are no cases, studies or pending (or closed) enforcement actions within the city against any church use, group or property, which would give rise to any indication that churches or other similar places are a detriment or danger to the public health, safety moral or comfort of the community. Staff believes this religious use would be acceptable under this particular standard. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. It might seem that a church use may not be an appropriate use within an industrial zoned property or use; however, it can be pointed out that there have been a number of churches located in other 1-1 Zones over the years. Spiritual Life Church got its start in the industrial building at 6865 Shingle Creek Parkway; Alleluia Sanctuary Church was approved by special use permit in 2010 and Harvestime Global Ministry was approved in 2006, both located in the Palmer Lake Plaza Building; and The BAPS [Hindu] Temple, located at 2300 Freeway Boulevard is also located in the I-1 zone. There certainly is precedent for churches in the industrial park and it has not been shown that they are incompatible with the allowable uses in this zoning district. Although this office/warehouse facility has existing tenants and a large available space for future tenants, Staff has reason to believe that the times of church services and the agreements made between property owner and the church should not interfere with the regular business hours of the other exciting (or future) tenants. Staff is not aware of any reports, research or information that would lead us to feel the church use would "substantially diminish and impair property values within the neighborhood..." ; therefore, Staff believes this religious use would be acceptable under this particular standard. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The Applicant stated in their narrative that their church averages 76 people during their App.No.2013-012 PC 07/25/2013 Page 3 busiest times (Sunday); but they plan or wish to set-up 100 chairs. Although the occupancy of the leased space has not yet been determined (by the City's Building Official), if we assume these numbers are accurate, then the space should be able to accommodate this gathering or church visitors. The church's hours of operation of Monday-Friday, 5:00 pm. until midnight indicates they intend to operate beyond the typical 7:00/8:00 am. to 4:00/5:00 pm. working hours of the site and surrounding properties, so there should be little if any conflicts with full-time church leaders and visitors to the site during these times. With typical services on weekends (Saturdays and Sundays)-this too should have little if any effect on the on-site users or surrounding uses. The Freeway Business Building appears to have adequate on-site parking to accommodate a large gathering or group during these times, so there should be no need to park on adjacent or any other off-site facilities. Staff believes this religious use would be acceptable under this particular standard. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. The subject site contains three separate access points, two on the north side and one on the south side. These access points are off Parkway Circle, which is a private roadway system shared and maintained by the abutting and surrounding properties. There is no direct access on to Shingle Creek Parkway from this site. Located to the back (west) of the subject property, are two separate off-site parking areas (knows as the "Central Parking Area" in previous development plans and planning reports), which created and installed by the original developers of this area to serve as a joint, off-site parking area for additional or overflow parking needs for the new office/warehouse and commercial businesses in this area. The rear parking/loading area of the subject site is connected directly to the northerly parking area by a cross access easement, and the south parking area is connected in a similar fashion to the south side. From all indications in reviewing old aerial photographs, periodic spot-checks of this area, and no record of any illegal parking or over-parking complaints in this area, it appears the subject site and the surrounding uses have enough on-site parking to accommodate their employees and customers, and the central parking areas are used sparingly. Per City Code Sect. 35-700, Off-Street Parking Requirements, Places of public assembly such as churches, theatres, auditoriums (other than school auditoriums) mortuaries, stadiums, arenas, dance halls are required to provide the following: One space for every three seats. Places of public assembly located in a retail shopping center complex of 50,000 square feet or more, exclusive of the place of public assembly, may have one space for every four seats. App.No.2013-012 PC 07/25/2013 Page 4 For Medical and dental clinics, the following is used to determine parking numbers: Three spaces for each doctor or dentist, plus one space for every two employees or one space for each 150 square feet of gross floor area, whichever requirement is the greater. For Office Buildings, the following calculating is used: Building Gross Floor Area(G.F.A.) Required Spaces 0—20,000 sq. ft. G.F.A. 200 20,000—220,000 sq. ft. G.F.A. .0005 G.F.A. + 190 Over 220,000 sq. ft. G.F.A. 300 And for Industry and Wholesale the following is used: One space for every two employees based upon maximum planned employment during any work period or one space for each 800 square feet of gross floor area whichever requirement is greater. In the event the latter requirement is greater, adequate land area shall be provided for the required off-street parking area, but improved space need only be provided according to the employees ratio. Staff is unable to determine the complete allocation of floor space dedicated to all existing uses in the subject site; but we surmise that all uses have or meet their parking needs adequately with the current on-site parking areas. On-site and drive-by inspections of the subject site leads staff to believe the parking is not an issue or will be an issue with the allowance or addition of this church use. The church group indicated to Staff that up to 76 congregants attend the church, but 100 seats would be provided. Under this scenario, up to 34 parking spaces (at 1:3 ratio) would be needed. Nevertheless, the hours of operations leads Staff to believe that parking will be easily accommodated on-site and there should be no impacts upon the on- site or surrounding uses. Staff believes this religious use can meet these standards and is therefore acceptable under said standards. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Barring any adverse objections or issues with the City Building Official on the allowable (posted) occupancy of this 4,477 sq. ft. leased space, the church use should be able to conform and meet or exceed the applicable regulations and codes established for this area and the structure itself. Staff is confident that the Applicants and/or the property owners will undertake serious efforts or measures to ensure this place of assembly meets or exceeds all current State of Minnesota building code regulations, including safe entrance App.No.2013-012 PC 07/25/2013 Page 5 and exits points into the area; ADA requirements; proper restroom facilities; fire safety measure in place; and others. The leased space will not be approved for any occupancy (or place of assembly) until such measures and standards have been met or agreed upon by the City Building Official and City Fire Chief. Staff believes this religious use can meet these standards and is therefore acceptable under said standards. RECOMMENDATION It is the opinion of Planning Staff that the standards for this special use permit and the criterion used to measure or determine the appropriateness of this religious use in this PUD/1-1 zoning district have been satisfactorily addressed. It is therefore further recommended that Planning Application No. 2013-012, which comprehends the special use permit at the subject site, be approved, and that the Planning Commission adopt the attached Planning Commission Resolution No. 2013-13 with the following conditions: I. The special use permit is issued for a place of religious assembly and associated uses at this location. Other uses not comprehended by this application shall not be permitted as part of this special use permit. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. 2. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 4. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. App.No.2013-012 PC 07/25/2013 Page 6 Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-13 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-012 SUBMITTED BY RECREATION FIRE AND MIRACLES MINISTRIES CHURCH FOR A SPECIAL USE PERMIT TO OPERATE A PLACE OF RELIGIOUS ASSEMBLY IN THE PUD/1-1 ZONE (6601 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2013-012 submitted by Jon Recreation Fire and Miracles Ministries Church(Applicant)proposes a special use permit allowing the a place of religious assembly,to-wit a church, located at 6601 Shingle Creek Parkway (Subject Property); and WHEREAS, the Subject Property is situated in the PUD/I-1 (Planned Unit Development/Industrial Park) District, which district was originally approved by Planning Commission Application No. 95009 with the adoption of City Resolution No. 95-157 by the City Council on July 10, 1995, and said zoning district was officially established under City Ordinance No. 96-3, adopted by the City Council on July 19, 1996; and WHEREAS, pursuant to City Code Section 35-330; Subpart 3, "Places of religious assembly such as chapels, churches, temples, mosques and synagogues" requires a special use permit to operate in the 1-1 Industrial Park District, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under said Planning Application No. 2013-012; and WHEREAS, the Planning Commission held a duly called public hearing on July 25, 2013, whereby a planning staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received,the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 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 Planning Application No. 2013-012 submitted by Recreation Fire and Miracles Ministries Church, be approved based upon the following considerations: 1. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Res.2013-13 1 of 3 2. 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. 3. 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. 4. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. 5. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2013-012 be approved subject to the following conditions and considerations: 1. The special use permit is issued for a place of religious assembly and associated uses at this location. Other uses not comprehended by this application shall not be permitted as part of this special use permit. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. 2. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 4. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. July 25 2013 Date Chair ATTEST: Secretary Res.2013-13 2 of 3 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon,the following voted in favor thereof: Chair , Commissioners , and and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Res.2013-13 3 of 3 LOGISMap Output Page r 4 si 6705 47TH AVE M t PARKWAY CIR a5�? . 6660 taw ANo 2500 � Mm car lN•n YcE\ISC4h*=9'SCiL�iiSGa1S2�05 SUBJECT SITE Shared Parking 6601 Shingle Creek Pkwy Area http://gis.logis.org/LOGIS_ArcIMS/ims?ServiceName=bc_logismap_ovsde&ClientVersion=4.0&Form=True&Encode=False[7/11/2013 10:57:44 AM] SITE PLAN I I , , , tl � < r I I d ' LLJ LU U - U 0_C - c U U AVAILABLE a 44,026 S.F. O SHINGLE CREEK PARKWAY a � . 3 Z E N r i i I I i e i 1® ' I i EP � 30C9 � I ! b v T N ri I W ' fi BUILDING PLAN TENANT SUMMARY GENERAL NOTES ASSEMBLY 3,027 SF 1.HIGH/LOW ADA ACCESSIBLE DRINKING FOUNTAIN MUST BE PROVIDED. 2.SERVICE SINK MUST BE PROVIDED. WAREHOUSE 1,450 SF KEY NOTES TOTAL 4,477 SF O EXITS NOT SPACED GREATER THAN I/3 OF DIAGONAL DISTANCE OF OCCUPANCY LOAD. AREA SERVED.ADDITIONAL EXIT TO BE PROVIDED. LOADING AREA OCCUPANCY CLASSIFICATION SQUARE FOOTAGE OCCUPANT LOAD NUMBER OF O BECAUSE OF Al ABOVE ADDITIONAL EXIT MUST BE PROVIDED. FACTOR OCCUPANTS PROPOSED EXIT PATH IS THRU AN ADJOINING SPACE.A DISCERNIBLE COMMON ASSEMBLY(A-3) 2,567 SF 7 367000UPANTS PATH MUST BE PROVIDED PER IBC 1014.2.IN ADDITION,DOOR MUST WAREHOUSE SWING IN DIRECTION OF EGRESS.CONFIRM DISCERNIBLE PATH ACCESSORY OFFICE(B) 460 SF 100 5 OCCUPANTS REQUIREMENT WITH CITY. WAREHOUSE(&1) 1,450 SF 500 30CCUPANfS wH < DOOR IS NON-COMPLIANT ON THE PULL SIDE OF DOOR,THERE MUST BE v BACK TOTAL 4,477 SF 375 OCCUPANTS 18"OF CLEAR WALL SPACE ON THE LATCH SIDE. ' <' DOOR EXIT WIDTH REQUIRED.375x.15".56.3'EXIT WIDTH PROVIDED.IOB' O EXISTING DEMISING WALL TO DECK TO BE MODIFIED TO PROVIDER i 3 FIRE RATED CONSTRUCTION AS REQUIRED BETWEEN A-3 AND S-1 BUILDING OCCUPANCY CLASSIFICATION OCCUPANCIES,REPLACE DOORS AS REQUIRED TO PROVIDE 45-MIN __ _ MECHANICAL FIRE RATED DOORS. ROOM OCCUPANCYTYPE CLASSIFICATION REQUIRED PROV DED <�>PANIC HARDWARE REQUIRED ON ALL EGRESS DOORS FROM"A3'AREA ASSEMBLY A-3 2 2 PER IBC AS OCCUPANT LOAD IS GREATER THAN 100. (] FYI ACCESSORY OFFICE e O EXISTING RESTROOMS-SEE PLUMBING FIXTURE CALCULATIONS AT E ® - - RIGHT. WAREHOUSE S-1 1 1 S O EXISTING OFFICE AREAS TO REMAIN.OFFICE AREAS COMPRISE 1w.OF EXISTING OVERALL SPACE SQUARE FOOTAGE.THEREFORE,PER IBC SECTION DEMISING WALL NEW MINIMUM PLUMBING FIXTURES 508.3.1 NO SEPARATION REQUIRED BETWEEN B AND A-3 USES. S-1 DEMISING WALL OCCUPANCY CLASSIFICATION I SQUARE FOOTAGE OCCUPANTLOAD OCCUPANT FIXTURES OCCUPANCY FACTOfl LOAD REQUIRED PROVIDED 4 MEN WOMEN I MEN I WOMEN ASSEMBLY 2,297 S.F. 7 164 MEN 2 W.CA LAV 3 W.CA LAV 1 W.C11 URINAU 1 W.CJ1 LAV 164 WOMEN 1LAV ACCESSORY OFFICE 460 S.F. 1D0 3MEN - - p 3 WOMEN ACCESSORY 270 S.F. - - - - 6 WAREHOUSE 1,450 S.F. 500 2MEN - 2WOMEN FUT TOTAL 4,477 S.F. 168 MEN 2 W.CJ1 lAV 3W.Clt LAV I W.C11 URWAU 1 W.CJ1 LAY 1 169 WOMEN 1 LAV NOTE: A-3 NEW 1,HIGH/LOW ADA ACCESSIBLE DRINKING FOUNTAIN REQUIRED OCCUPANCY DEMISING 2.SERVICE SOUK REQUIRED WALL CODE REVIEW APPLICABLE CODES 2006 IBC WISTATE AMENDMENTS 7 20061FC W/STATE AMENDMENTS 20061ECC(ENERGY CODE) EXISTING 1 ® 2OD3MANSIA117'1 DEMISING 2007 MINNESOTA ACCESSIBILITY CODE -CHAPTER 1341 WALL PROJECT DATA: PROPOSED USE: ASSEMBLY/WAREHOUSE APPLICABLE GOVERNING STANDARD DESCRIPTION OF OCCUPANCIES: FRONT (CHAPTER 3) A3 ASSEMBLY 2,567 SF DOORS BACCESSORY OFFICE 46D SF S-1 WAREHOUSE 1.450 SF -- 5 REQUIRED SEPARATION OF OCCUPANCIES: A3 TO S1 ONE-FN)UR SEPARATION REQUIRED BETWEEN A3 TO S1. (CHAPTER S,TABLE 5O6.3.3) 0 T A3 ND SEPARATION REQUIRED BETWEEN 8 AND A3 BECAUSE OFFICE COMPRISE OF 10%OF FLOOR PLAN ® OVERALL SPACE SF. NOTE:BUILDING IS IDO%EQUIPPED WITH AN AUTOMATIC SPRINKLER SYSTEM. HORIH DAM FREEWAY BUSINESS CENTER - UNIT I �Ra csMF a�2a®W nBV: BUILDING'A' r 7� R-1 68015HMGLE CREEK PARKWAY BROOKLYN PA .MN 55130 is CSM FOR LEASE INDUSTRIAL DEVELOPING REAL ESTATE FOR PEOPL .. BUSINESS&COMMUNITIES FREEWAY BUSINESS CENTER K I,x�►Ka 6601 Shingle Creek Parkway • Brooklyn Center, MN lqp R ti it HEM'— � v r # Inexpensive back room office space. ° PROPERTY INFORMATION � ot,A� kdate PARK 73rd Avel, 44,026 sf available nowo far x FRIDLEY • 36,898 sf office space $ 73rdA- p BROOKLYN = • 7,128 sf warehouse space 6AYN�6ywA� CENTER 69th Ave y 14'clear height 651h 63.dAve FREEWAY g... • 3 dock doors BUSINESS ��. • ° CENTER , m V z Ave • Monument signage available m� �� ;G� E , z 5 N • Easy access to hwy.94/694 ,U;�RdCRYSTAL g Q 49th Ave a• • Divisible to 15,000 sf Ave V •• a 49th , I thAveN -(EIGMINNEAPOLI 40th A ai, 45th[]Pp,AVIV 37thAveNE o R INS.ALE ro eaeety CONTACT BRUCE CARLAND p: (612) 395.7028 c: (612) 308.9578 bcarland @csmcorp.net CSM • 500 Washington Avenue So., Ste 3000 • Minneapolis, MN • (612) 395.7000 CSM iNTITRYWOMM BUILDING SIZE: 69,723 total sf AVAILABLE SPACE: 36,898 sf office/7,128 sf warehouse/44,026 sf total ELECTRICAL: 1200 amps TELECOM/DATA/FIBER: Served by Qwest&AT&T. Copper&fiber network infra structure in place.Bldg.connected to multiple OC-N fiber optioc rings DOCKS: 3 dock high doors BASE RENTS: $9.00/sf office,$4.50/sf warehouse OPERATING EXPENSES: $5.21/sf for 2013 PARKING: 4.5/1,000 UTILITIES: Utility services to be separately metered and the responsibility of tenant,along with janitorial,trash removal,etc. NOTES: Space is divisible to 15,000 sf SITE PLAN � rmrrLi y _� W N,•6flF. BUILDING PLAN AVAILABLE y� 44,0265.F. 6HME CREEK PARKIMAV FLOOR PLAN CSM •500 Washington Avenue So., Ste 3000 • Minneapolis, MN • (612)395.7000 L www.CSMCORP.net r I , Y k #' J ; 12 4 Yt "ks _ l?(lbKSVS 4;12 r�- Deut.2ma _ " A l 1 Acts.r:8 z Pro het Austin I osr. Pastor Elizabeth r - tyi � er�•- a� t Recreation Fire Events Page Photo Album Links Church Store Blog Ckues'k Gent 1Nk Our Location Recommend Home Cakwdar Our Site Prophet Austin Idahosa Recreation Fire and Miracles Ministries,A prophetic,Teaching and Deliverance Ministries. 1 A E veranct 13t l4 ea `23fdlttitrgft Ministering i },f Prophet Austind at Iv4i� / !r!( {' Hit l�ocltca prophet gtlstirl ,n pastes VAbAdt 4 Breaking yoke o hrital delay,Dcstroyi of ance powerrsithat hind�mamagc,Dcstr0yi C. old over "marital brcakt}voughI Breaking of curses and cn�nantssiat aftccts i mamagesHow to g�ldi&ton al>nut your dtvwe parYitcr and retnoving etnbatgo overover mansage Proverbs 13:22 He w—ho ftndsa a good thing and obtains favor from the Lord licbrcw 13:4 Marriage is honota m among all aril dtc bed undcfilcd.`�'t ^ 5-10pm / cl¢:13th ofJuly 2013 Phone:7 3 The Empowerment Center W rfmm.org 38 Martin Drive Brooklyn Cc 55430. 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