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HomeMy WebLinkAbout1985 05-09 PCP Planning Commission Information Sheet Application No. 85009 Applicant: Foundation Stone Ministries, Inc. Location: Southwest corner of I-94 and Brooklyn Boulevard Request: Rezoning The applicant requests approval to rezone from R5 to Cl the 4.5 acre vacant parcel of land at the southwest corner of I-94 and Brooklyn Boulevard. The property in question is bounded on the north by I-94, by Brooklyn Boulevard on the east; and by single-family homes on the south and west. This parcel was the subject of Appli- cation No. 83037 by Cramer Company for site and building plan and special use permit approval to build an office condominium development. The present application arises out of a desire to use the property for a church. Churches are not allowed in the R5 zone as either a permitted or a special use. Churches are allowed by special use permit in the R1 and R2 zoning districts and "religious uses" are a permitted use in the C1 district. Staff have advised that a rezoning to C1 would be more in keeping with the Comprehensive Plan for Brooklyn Boulevard than a rezoning to Rl or R2. The applicant, in the person of Mark Anderson, President of Church on the Prove Inter- national , has submitted a letter (attached) addressing the guidelines for evaluating rezonings from Section 35-208 of the Zoning Ordinance (also attached) . The letter states that each guideline for rezoning is met in this case. It notes that the Comprehensive Plan recommends either office or townhouse development in this area of Brooklyn Boulevard and, therefore, the Cl zoning classification is appropriate. The letter points out that the intended use of the property is for a 1 ,000 seat church, the members of which reside primarily in Brooklyn Center, Brooklyn Park and north Minneapolis. Mr. Anderson also points out that the proposed C1 zoning is consistent and compatible with surrounding land use classification since much of the land along Brooklyn Boulevard is zoned Cl or C2. Mr. Anderson also states that the subject property will bear fully the ordinance development restrictions for the C1 zoning district and that the property is better suited to C1 zoning than to R5 because of its proximity to major traffic arteries. No proposed site layout has been submitted with this application as supporting infor- mation. In theory, it would seem that a 1 ,000 seat church could fit on the subject property. The building itself is expected to be about 40,000 sq. ft. in area. Park- ing for 1 ,000 seats would be 333 spaces at one stall per 3 seats. With driving lanes, each stall occupies approximately 300 sq. ft. of land. Parking area would, therefore, be approximately 100,000 sq. ft. This leaves about 50,000 sq. ft. for greenstrips and recreational space. Some churches in the community have consider- able area for recreational space, but many do not and there is no ordinance require- ment for such space. A major question confronting any use of the parcel in question, of course, is access to the site. The City has refused, in the past, to allow any access to this property through the residential neighborhood to the west along Indiana Avenue North. Access must, therefore, be off Brooklyn Boulevard and this access is very difficult because of the level of traffic on Brooklyn Boulevard and because of the proximity of a high- way exit ramp. Approval of the office condominium proposal was subject to the developer installing a deceleration lane north of the access and extending the median in Brooklyn Boulevard southward to make the access to the site right-in/right-out only. Access to the parcel will certainly have to be closely examined if the rezoning is approved and development plans are submitted. 5-9-85 -1- Application No. 85009 continued Regarding the general question of the use of the property raised by the application to rezone to Cl , staff see some merit in the proposal , especially in light of the specific use contemplated. The Comprehensive Plan, prepared in the late 1970' s and adopted in 1982, originally recommended mid-density residential (townhouse) develop- ment in the area of Brooklyn Boulevard between 63rd Avenue North and I-94, except the K-Mart site. The application by Cramer Company (Application No. 83037) for an office condominium development on this property stimulated a review and eventual amendment of the Comprehensive Plan to allow either office uses or townhouses inter- changeably along areas of Brooklyn Boulevard recommended for either service/office or townhouse development (see City Council Resolution No. 83-130 amending the Com- prehensive Plan, attached) . The proposed rezoning to C1 is, therefore, consistent with the amended Comprehensive Plan. We also certainly agree that a residential use at the intersection of two major traffic arteries and with direct access to one of them is not really appropriate. The existing R5 zoning of the property is, therefore, probably inappropriate. The merit of allowing service/office uses in this location has already been accepted in the granting of a special use permit for office condominiums. Rezoning the property to C1 would eliminate the option of residential use of the property, but we do not feel this is much of a loss to the public welfare in this particular location. Service/office uses would tend to add to peak hour traffic volumes, however. In light of this traffic concern and the particularly difficult access problems with this property, the contemplated church use has positive merit. We would recommend that any rezoning approval be withheld until an acceptable development plan has also been submitted, reviewed and approved. As to the zoning scheme for this general area, the rezoning of this individual parcel to C1 does not seem to constitute spot zoning since there is other C1 zoned property in the vicinity. The question arises as to whether it might be appropriate to rezone other parcels in this area of the Boulevard to C1 at the same time. The general policy regarding rezonings along Brooklyn Boulevard has been to wait until a specific development proposal is presented and then consider rezoning consistent with the Comprehensive Plan. We would recommend continuing that policy in this case. If other parcels along Brooklyn Boulevard must be acquired to provide suitable access, the rezoning would, of course,have to be extended to cover them. The parcels immediately south of the 4.5 acre parcel at the corner of I-94 and Brooklyn Boulevard are covered by a private covenant which prohibits commercial use of those lots without the consent of all parties that are a part of the covenant. The City is not obligated to observe the restrictions of the covenant in its zoning of property, but development of the lots may be curtailed by private enforcement of the covenants through civil suit. Nevertheless, it may be that a church use of these lots would be considered noncommercial and, therefore, not barred by the restrictive covenant. It might be beneficial for all parties if additional land could be attached to the site in question for the purpose of providing better access to the site. As is the procedure with all rezonings, it is recommended that the Commission con- tinue the public hearing, table the application and refer it to the West Central Neighborhood Advisory Group for review and comment. It is also recommended that the applicant be directed to submit development plans for the proposed church use by or before reconsideration of the rezoning application by the Planning Commission. 5-9-85 -2- Planning Commission Information Sheet Application No. 85010 Applicant: Dawn Weum Location: 7200 Brooklyn Boulevard Request: Special Use Permit The applicant requests special use permit approval to operate a nursery school at the Brooklyn United Methodist Church at 7200 Brooklyn Boulevard. The church is zoned R1 and is surrounded by single-family homes on the north and east, by the old City Hall property (zoned R5) on the south, and by Brooklyn Boulevard on the west. The proposed nursery school operation will replace the operation carried on by Anne Book since 1981 . There will be little change in the nursery school from that which was approved under Application No. 81043. The applicant has submitted a letter (attached) in which she describes some aspects of the proposed nursery school operation. Mrs. Weum explains that the nursery school is located in three downstairs rooms of the church. Two exits are available from the building. The school is to be in session September through May. The hours would be 9:00 a.m. to 3:00 p.m. Monday through Thursday and 9:00 a.m. to 11 :30 a.m. , Friday. The school is to have one full -time head teacher and two part-time assistant teachers. The school enrollment is 80 students in four classes. Thirty stalls of parking are available at the church and there is an outdoor play area behind the church. Students are from 3 to 5 years old. Staff see no reason to deny the special use permit as it is essentially a continuation of the current nursery school with only a change of operator. Approval is, therefore, recommended, subject to at least the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be: 9:00 a.m. to 3:00 p.m. , Monday through Thursday and 9:00 a.m. to 1.1 :30 a.m. , Friday. 4. The applicant shall submit a current copy of her state operator' s license to be kept on file at the City offices prior to issuance of the special use permit. 5. Permit approval acknowledges 30 parking stalls to the rear of the church as adequate for handling traffic of parents dropping off and picking up children at the nursery school . 6. The permit is subject to compliance with orders of the Building Inspector and the Fire Marshal . 1 1 t Planning Commission Information Sheet Application No. 85011 Applicant: Uhde/Nelson, Inc. Location: 7100 Brooklyn Boulevard Request: Site and Building Plan/Special Use The applicant requests site and building plan and special use permit approval to con- struct two office buildings totalling 21 ,180 sq. ft. on the former City Hall property at 7100 Brooklyn Boulevard. The property in question is zoned R5 and is bounded on the west by Brooklyn Boulevard; on the north by the Brooklyn United Methodist Church parking lot and by single-family residences; on the east by the back yard of a residence and parking area for the Boulevard Plaza office condominiums; and on the south by those office condominiums. Offices are special uses in the R5 zoning district. Access to the site would be from a single driveway at the southwest corner of the site where the old City Hall entrance is located. The applicant proposes to build the project in two phases. The first and larger phase is a two-storey, 13,920 sq. ft. office building on the westerly side of the property. The expected tenant for that building is Edina Realty which presently offices at 7000 Brooklyn Boulevard and is looking for a larger building. The parking requirement for this building is 70 spaces. Seventy (70) spaces are provided within the area to be completed with phase one. The second phase is to be a two-storey, 7,260 sq. ft. office building on the easterly portion of the property. The parking requirement for the second phase is 36 spaces. The plan provides 44 spaces in the area for phase two. Therefore, some medical use could be allowed in the second building. The second phase area covers approximately the easterly 150' of the property'. Until construction proceeds on the second building, this area will be graded and seeded and improvements will be deferred. The landscape plan for the site calls for 12 shade trees (Japanese White Birch, Pin Oak, or Green Seedless Ash) , all within phase one. A 30" diameter oak tree just north of the entrance is to be preserved. There is a dense, existing hedge of cedar trees along the east property line and the easterly half of the north property line. Staff recommend that this hedge be extended somewhat to the west with new plantings to provide complete screening of the end residence to the north from the parking lot. The plan schedules 13 coniferous trees (Colorado Green Spruce) and two ornamental trees (Canada Red Cherry, Red Splendor Crab) on the westerly Phase I area of the site. Seven ornamental trees are scheduled for the easterly Phase II portion of the site. Numerous shrubs are also proposed around the foundation of the buildings, in parking delineators and some in perimeter greenstrip area. A trash enclosure is proposed in the parking lot at the northeast corner of the PhaseI (Edina Realty) building. A 3' to 4' berm is indicated in the front 35' greenstrip adjacent to Brooklyn Boulevard. Berming on the grading plan is almost nonexistent and should be augmented to match the landscape plan. However, berming should be kept back about 25' from the access to keep sight lines open. The grading, drainage and utility plan proposes that most runoff from the parking lot will drain toward the northeasterly portion of the site. One catch basin is to be located on the westerly portion of the site and will be connected to storm sewer in Brooklyn Boulevard. Two catch basins on the easterly portion of the site will convey drainage to a City storm sewer line which runs along the west edge of the St. Alphonsus Church property. The connecting storm sewer line will have to cross the Boulevard Plaza property. An easement will have to be granted for that storm sewer connection and a copy of the easement document should be submitted to the City Engineer prior to the issuance of building permits. A 6" waterline will also extend through the property from Brooklyn Boulevard to the St. Alphonsus property and will be covered by the same easement. This will provide better water pressure by looping the system. Sanitary sewer service for both buildings will be connected to sanitary sewer in Brooklyn Boulevard. 5-9-85 -1 - Application No. 85011 continued The buildings proposed on the plan meet all setback requirements. The exterior elevations of the Edina Realty building are to be brick with a pre-finished metal mansard around the top of the building. No elevations for the second phase building have been provided, however, we assume that it will be similar and compatible. Approval of the second phase is not final until full information on the building has been provided. Regarding the Standards for Special Use Permits, the applicant has submitted no letter addressing the standards. Neighboring property owners have been consulted in the past as to preferred use of the property. It was agreed that the preferred use of the old City Hall site would be office rather than a multi-family residential use. Staff certainly agree that an office use is consistent and compatible with surround- ing land uses. Traffic generated by the site will add to peak hour traffic volumes on Brooklyn Boulevard, but the size of the development should not actually cause an interruption in the flow of traffic on the public streets. Altogether, we feel the application is in order and approval is recommended, subject to at least the following conditions: 1 . The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 2. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. Specifically, the applicant should comply with the conditions of the City Engineer's memo of May 2, 1985 to the Director of Planning and Inspection and other conditions as imposed by the City Engineer. 4. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 5. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 6. 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. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. B612 curb and gutter shall be provided around all parking and driving areas. 10. The plat for the property shall receive final approval and be filed at the County prior to issuance of building permits. 5-9-85 -2- Application No. 85011 continued 11 . Plan approval acknowledges the existing cedar hedge along the north and east property lines as providing appropriate screening from neighboring residential uses as required by City ordinance. If this landscape screening fails, it shall be replaced by comparable landscaping or by a 4'. high opaque fence. 12. Absent change in the utility plans acceptable to the City Engineer, the applicant shall provide the City with a copy of a utility easement over the neighboring Boulevard Plaza property prior to the issuance of building permits. 13. The applicant shall submit a $1 ,000 cash guarantee to insure proper and timely replacement of the sidewalk along Brooklyn Boulevard. 14. Utility "as-built" information shall be provided to the City prior to release of the performance guarantee cited in Condition No. 4. 15. The applicant shall enter into a standard utility maintenance agreement prior to the issuance of permits. 16. The site and building plans shall be certified by a registered architect prior to the issuance of building permits. 5-9-85 -3- 1 1 Planning Commission Information Sheet Application No. 85012 Applicant: Uhde/Nelson, Inc. Location: 7100 Brooklyn Boulevard Request: Preliminary Plat The applicant requests preliminary plat approval to combine into a single lot the parcels which make up the old City Hall site at 7100 Brooklyn Boulevard. The property in question is zoned R5 and is the location of the office development proposed under Application No. 85011 . The existing legal description is a metes and bounds description of Lot 7 and other portions of Auditor' s Subdivision No. 57. The proposed legal description is Lot 1 , Block 1 , 7100 Corporate Plaza Addition. The lot is approximately 1 .67 acres. The City Engineer has transmitted a memo dated May 2, 1985 addressing both the plat and site and building plan for the 7100 Brooklyn Boulevard site (attached) . He recommends that a 5' wide drainage and utility easement be established along the north, east, and south property lines and a 10' easement along the west property line. An 8' wide sidewalk easement along Brooklyn Boulevard is also recommended. The City Engineer also notes that there are discrepencies in locating the property corners for the north property line. He recommends that property corners be placed along the north property line' s intersection with the side lot lines of the resi- dential lots. Accuracy of the plat survey should be subject to approval of the Hennepin County land surveyor. In general , the preliminary plat is in order and approval is recommended, subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The preliminary plat shall be modified in accordance with the City Engineer' s memo of May 2, 1985. 4. The plat shall be subject to approval by the Hennepin County land surveyor with respect to the proper location of property monuments. 5. The City Attorney shall submit an opinion as to the validity of the plat surveyor' s practices in locating property corners prior to final plat approval . 6. The final plat shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits for the building proposed under Planning Commission Application No. 85011 . 5-9-85 1 1 Planning Commission Information Sheet Application No. 85013 Applicant: Uhde/Nelson, Inc. Location: 5600 block of Brooklyn Boulevard Request: Site and Building Plan The applicant requests site and building plan approval to construct a two-storey, 8,900 sq. ft. office building north of the Girl Scout offices (5601 ) on the west side of the 5600 block of Brooklyn Boulevard. The property in question is zoned Cl and is bounded on the east by the Brooklyn Boulevard frontage road , on the south and west by the Girl Scout offices, and on the north by the Brooklyn Law Center office building. The proposed office use is a permitted use in the Cl zoning district. Access to the site will be from the Brooklyn Boulevard frontage road. Because the site fronts on a service road, the setback and greenstrip requirements are the normal 35' and 15' respectively, rather than the greater requirements for developments adjacent to a major thoroughfare (50' setback and 35' greenstrip) . This is because of an ordinance amendment a few years ago which allows for normal setbacks adjacent to major thoroughfares in cases where there are mitigating circumstances such as frontage roads, noise walls, etc. The site plan calls for 44 parking stalls and one proof-of-parking stall west of the building to meet the regular office parking requirement of 45 spaces. One handicapped stall will be placed near the south access to the building. The landscape plan calls for nine (9) deciduous shade trees (Sugar Maple , Red Royal Maple , White Ash) along the south and west perimeter greenstrips . These should be especially effective in providing parking lot shading. Two ornamental trees (Canada Red Cherry, Red Splendor Crab) are scheduled at the southeast corner of the building and another along the west side. A number of evergreen trees (Norway Spruce, Colorado Green Spruce) are proposed in the major green areas to the east and north of the building. Deciduous shrubs (Goldflame Spirea, Redtwigged Dogwood, Purple Leaf Sandcherry) are proposed in clusters within the perimeter greenstrip areas and around the building. A gravel mulch strip is also indicated around most of the building. No area for a trash enclosure has been indicated on the plans. The grading, drainage, and utility plan calls for runoff to drain toward the south side of the site where it will be collected by a single catch basin. That catch basin will be connected to City storm sewer by a private storm sewer line which will run to the southeast corner of the property and then within the Brooklyn Boule- vard right-of-way for 140' to the public storm sewer line. The City Engineer has also noted, in a memo dated May 2, 1985, that, since the property was formerly used for residential purposes , additional utility charges may be required to provide for connection to municipal water and sanitary sewer systems. We recommend a condi- tion requiring the developer to enter into a utility hookup agreement prior to the issuance of permits in the event that such hookup charges are necessary. The building elevations indicate a brick exterior to the building with a two-storey glass atrium area at the south entrance to the building. A basement mechanical room is not counted toward gross floor area so long as it does not extend more than 4' above ground level and is not regular office space. Plan notes indicate that the entire building will be fire sprinklered. Site lighting is provided by four lighting fixtures on 20' high poles, two in the west greenstrip and two in the south greenstrip. Altogether, the plans appear to be in order and approval is recommended subject to at least the following conditions: 5-9-85 -1- Application No. 85013_ continued 1 . 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, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits . 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances . 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. 8612 curb and gutter shall be provided around all parking and driving areas. 9. The site and building plans shall be certified by a registered archi- tect prior to the issuance of building permits. 10. Plan approval acknowledges proof-of-parking for one parallel stall west of the building. The applicant shall agree in writing to install this additional space upon a determination by the City that insufficient parking exists on the site. 5-9-85 -2-