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HomeMy WebLinkAbout2018 10-25 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER October 25, 2018 Regular Session 1.Call to Order:7:00 PM 2.Roll Call 3.Approval of Regular Meeting Agenda Motion to Approve Planning Commission Meeting Agenda for October 25, 2018 4.Approval of Minutes Motion to Approve Planning Commission Meeting Minutes for September 13, 2018 5.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. 6.Planning Items a.Planning Commission Application No. 2018-017 (Public Hearing) Applicant: Project Address: Summary: Simone Chambliss (Jambo Africa, Inc.) 1601 Freeway Boulevard The Applicant is requesting approval of a Special Use Permit to allow for live entertainment within an existing 6,200-square foot restaurant. b.Planning Commission Application No. 2018-018 (Public Hearing) Applicant: Jim Langevin (on behalf of Brooklyn Center Community Schools) Project Address: 5951 Earle Brown Drive Summary: The Applicant is requesting approval of an Interim Use Permit that would allow for the temporary relocation of the Brooklyn Center STEAM High School to a C2 (Commerce) District zoned property within the Central Commerce Overlay District through September 2020. This request is associated with previously approved plans to remodel interior and exterior portions of the existing Brooklyn Center STEAM Middle and High School property, located at 6500 Humboldt Avenue North. Temporary relocation of the High School would allow for a more efficient construction timeline and cause less of an impact on the student learning environment. Approval of the requested Interim Use Permit requires that certain Zoning Amendments be made in conjunction with this request to allow for the temporary school use. 7.Discussion Items a.City Council Meeting Updates (September and October 2018) PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER October 25, 2018 Regular Session b.Upcoming Planning Commission Items 8.Other Business None. 9.Adjournment PC Minutes 09-13-18 -1-DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SEPTEMBER 13, 2018 1.CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:01 p.m. 2.ROLL CALL Chair Randall Christensen, Commissioners Alexander Koenig, Jack MacMillan (arrived at 7:05 p.m.), Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. Commissioner Abraham Rizvi was absent and unexcused. Planner and Zoning Administrator Ginny McIntosh, Community Development Director Meg Beekman, and Selina Pesta of TimeSaver Off Site Secretarial, Inc., were also present. 3.APPROVAL OF AGENDA – SEPTEMBER 13, 2018 There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to approve the agenda for the September 13, 2018 meeting as submitted. The motion passed unanimously. 4.APPROVAL OF MINUTES - AUGUST 30, 2018 There was a motion by Commissioner Koenig, seconded by Commissioner Sweeney, to approve the minutes for the August 30, 2018 meeting as submitted. The motion passed unanimously. Commissioner MacMillan arrived at 7:05 p.m. 5.CHAIR’S EXPLANATION Chair Christensen 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. 6.PLANNING APPLICATION ITEMS 6a) Planning Commission Application No. 2018-015 Applicant: Von Peterson of TSP, Inc. (on behalf of Brooklyn Center Schools) Property Address: 1500 59th Avenue North Summary: The Applicant is requesting site and building plan approval for the construction of a new, secured front entry addition, PC Minutes 09-13-18 -2-DRAFT a second story addition to the easternmost building wing, and select renovations to the existing 139,357-SF school building and grounds. This request is associated with requests by Brooklyn Center Schools to approve school operating and construction funding requests as part of a referendum vote that passed in November 2017. Chair Christensen introduced Application No. 2018-015 for the property located at 1500 59th Avenue North. (See Planning Commission Reports dated 08-16-2018 for Application No. 2018- 015.) City Planner and Zoning Administrator Ginny McIntosh introduced the item, reviewed the background, and presented the request, which is intended to increase safety and security as well as add space to the now overcrowded elementary school. Ms. McIntosh went into greater detail explaining the interior renovations, including two new STEAM classrooms, an additional art room, two flexible classrooms, and a multi-purpose room, along with new stairs and a storage/mechanical space in new in the new second story addition. Other areas being updated are the family resources area, administration area, and the special education area to be reconfigured. The primary reasons for the requests relate to increasing the safety and security of the school and dedicating space for the new Pre-K (Kindergarten) program the school now offers. Ms. McIntosh presented and explained a photo of second story addition to easternmost wing. Ms. McIntosh explained there is no established parking formula for schools under the City Zoning Ordinance and while parking was noted in the plans submitted, there are no plans to add parking. Ms. McIntosh proceeded to describe the Applicant’s lighting and landscape proposals. It was also noted that the Applicant had no formal requests for signage under this application. Ms. McIntosh noted several staff reviews, including the Assistant City Engineer’s memorandum dated August 24, 2018, and outlined potential locations to incorporate additional landscaping for parking lot screening along the westernmost parking lot identified as Lot 2 in the staff report and presentation. Ms. McIntosh stated City staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2018-015 for the Subject Property located at 1500 59th Avenue North, so long as the Applicant complies with the conditions noted in the Planning Commission Report and also similar in the Resolution. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2018-016 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-015, SUBMITTED BY VON PETERSON OF TSP, INC. There was a motion by Commissioner Tade, seconded by Commissioner Schonning, to approve Planning Commission RESOLUTION NO. 2018-016. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning, Sweeney, and Tade. PC Minutes 09-13-18 -3-DRAFT And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its September 24, 2018 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. 6a) Planning Commission Application No. 2018-016 (Public Hearing) Applicant: Lux Apartments, LLC Property Address: 6100 Summit Drive North Summary: The Applicant is proposing to convert the former Earle Brown Terrace senior living facility into market rate apartments. City Council approved requests to amend the exiting 1992 PUD documents and allowances for future parking, wall signage, and additional dwelling units at their meeting on July 9, 2018. PC Application No. 2018-16 outlines follow-up requests to amend the 1992 PUD and final plans for off-street parking (assuming an approximately 1.7 parking ratio) and site improvements. Chair Christensen introduced Application No. 2018-016 for the property located at 6100 Summit Drive North. (See Planning Commission Reports dated 09-13-2018 for Application No. 2018- 016.) Ms. McIntosh introduced the item, reviewed the background, and presented the request. She explained that the Applicant is proposing to further amend the existing 1992 PUD plans and documents, to reflect final off-street parking plans as well as proposed site improvements to the Subject Property to allow for conversion of the former senior living facility to market rate apartments. Ms. McIntosh noted that the Applicant first appeared before the Planning Commission and City Council in June and July of 2018. Ms. McIntosh explained the updated, final parking plan, and provided side-by-side images of the existing and proposed parking plan. Ms. McIntosh noted where the additional 67 parking stalls will be located on site and the Applicant’s plan for providing bicycle storage. Ms. McIntosh proceeded to explain the Applicant’s requests for lighting, trash, screening, and landscaping. She further clarified that the Applicant would need to address the screening of the existing outside trash enclosure, as the enclosure appears to be in a deteriorated condition and the dumpsters are visible from the street. Ms. McIntosh noted staff reviews, including the Assistant City Engineer’s memorandum and the Building Official and Fire Inspector’s requirements of painting the FDC connection red and incorporating signage to identify its location year-round. Ms. McIntosh stated City staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Commission Application No. 2018- PC Minutes 09-13-18 -4-DRAFT 016, submitted by Lux Apartments, LLC, so long as the Applicant complies with the conditions as noted in the Planning Commission Report and Resolution. OPEN TO PUBLIC COMMENTS – APPLICATION NO. 2018-016 Chair Christensen recognized that any individuals in the audience who wished to speak on this matter come forward, and called for comments from the public. There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to open the public hearing on Application No. 2018-016, at 7:33 p.m. The motion passed unanimously. There were no other individuals in attendance who wished to make comments at this time. MOTION TO CLOSE PUBLIC COMMENTS (PUBLIC HEARING) There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to close the public hearing on Application No. 2018-016. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Chair Christensen asked the Applicant if there is a plan for snow removal on site. He also asked about another property identified in the staff report that has a similar to parking ratio and where this site is located in Brooklyn Center. Jim Soderberg, Granite City Apartments, addressed Chair Christensen’s questions, stating there is a snow removal plan in place using existing space available on the lot. Mr. Soderberg stated there is another property located in St. Louis Park, but this property has a higher two-bedroom unit ratio as compared to the Subject Property. Chair Christensen also asked where the Applicant plans for residents to store bicycles. Mr. Soderberg made note that bicycles will be stored in the garage or the basement of tower building for security reasons. There were no further comments or questions from the Commission. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2018-017 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-016, SUBMITTED BY LUX APARTMENTS, LLC. There was a motion by Commissioner MacMillan, seconded by Commissioner Koenig, to approve Planning Commission RESOLUTION NO. 2018-017. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning, Sweeney, and Tade. PC Minutes 09-13-18 -5-DRAFT And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its September 24, 2018 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. 6c) DRAFT 2040 COMPREHENSIVE PLAN Community Development Director Meg Beekman addressed the 2040 Comprehensive Plan, explaining why it is still in draft form and what it will look like when it is completed. She stated that she and Jennifer Haskamp of Swanson Haskamp Consultants (SHC) would like to receive the input of the Planning Commission. Ms. Beekman stated there are chapters in the plan that are incomplete and staff would ideally like to have a joint session with the Planning Commission and City Council to further discuss the implementation chapter. Ms. Beekman introduced Ms. Haskamp, who began explaining Chapter 1 of the Comprehensive Plan. Ms. Haskamp addressed pages eight and nine in the draft, explaining the checklist items from the Metropolitan Council. Ms. Haskamp stated that this chapter introduces the community and planning context and asked the Commission if they had questions. Chair Christensen noted the third paragraph of the introduction, stating he would like to see the word “Walmart” removed. The Commission, except Commissioner Koenig, agreed that this word should be left out of the Comprehensive Plan. Ms. Haskamp informed the Commission that it will not be a problem to remove the word throughout the draft. Chair Christensen also noted that there is an error on page 3; stating Highway 101 should be changed to Highway 100. Ms. Haskamp made note of these changes and proceeded to explain Chapter 2, which states the vision, goals, and strategies of the plan. Ms. Haskamp noted there have not been many changes since the Planning Commission last viewed the draft. Ms. Haskamp explained the Land Use and Redevelopment under Chapter 3, stating that the direction of this chapter was significantly different than the land use chapter found in the 2030 Comprehensive Plan. Ms. Haskamp spoke about the idea of generalizing land use in the Comprehensive Plan and keeping it at a “25,000-foot level.” Ms. Haskamp pointed out that the City Engineer caught some data that will need to be changed on page 13 regarding parcel acreage. This should not significantly impact the data already presented in the chapter, but nevertheless needs to be adjusted. PC Minutes 09-13-18 -6-DRAFT Commissioner Tade asked, when the plan is approved, will the City be modifying the Zoning Ordinance. Ms. Beekman stated that the changes outlined in the land use chapter of the 2040 Plan would require that the Zoning Ordinance be amended or it would otherwise be in conflict with the Comprehensive Plan. Calls for an overhaul of the Zoning Ordinance will probably go through a Request for Proposals (RFP) process to identify a consultant to help with the Zoning Ordinance after the Comprehensive Plan is completed. Ms. Beekman informed the Commission that the current Zoning Ordinance has not truly been updated since it was written decades ago and there are multiple items that are outdated. Ms. Beekman noted that the intent is to re-write the Zoning Ordinance in 2019 and during this process, the City will look at what parcels, if any, should be re-zoned. Ms. Haskamp noted that State statutes state there is a nine-month time frame after the Metropolitan Council accepts a municipality’s Comprehensive Plan in which any relevant ordinances will need to be updated. Ms. Haskamp proceeded to explain Chapter 4, Housing, which is meant to support the Land Use and Redevelopment Chapter. Ms. Haskamp read Chapter 4’s main points, explaining that residents see housing as an important characteristic of the community. Ms. Haskamp listed housing concerns that are stated in the chapter, including how to diversify the higher end stock of homes. She addressed table 4.4 on the draft, showing housing resources, strategies and tools and the requirement checklist from the Metropolitan Council. Ms. Haskamp noted that table 4.3 will need to be updated with the proper acreage. At this time, Ms. Haskamp opened for comments from the Commission. Chair Christensen asked about the 2040 Housing Goals and how the City can recognize ways to match Brooklyn Center’s housing with the City’s changing demographics. Commissioner Tade stated how the changing demographics include larger family sizes. Ms. Haskamp also made note that the changing demographics include senior citizens relocating within the City. Ms. Beekman noted the City can recognize the changing demographics by stating how it could maintain the existing housing stock in single-family homes through appropriate incentive programs. Chair Christensen noted that he would like to see the term “Shingle Creek Crossing” rather than “Brookdale”. Commissioner Koenig addressed the term “Shingle Creek Crossing” and how he feels many residents do not know where this is located. Ms. Haskamp shared Chapter 5, showing maps and pictures, but also noting she will still need pictures from the Community Activities, Recreation and Services (CARS) Director. PC Minutes 09-13-18 -7-DRAFT Chair Christensen noted that soccer is currently more popular than baseball and he would like to see more soccer pictures in Chapter 5, which covers parks and trails. Ms. Beekman stated they are still waiting on pictures from the community. Ms. Haskamp addressed the gapped Chapters, 6 and 7, regarding Transportation and Sanitary Systems. The Transportation chapter will have information on transit and trails within the community. Ms. Haskamp also noted the Sanitary Systems chapter will show the regional systems with adjacent jurisdictions, and the water supply permit with the Department of Natural Resources (DNR). Ms. Haskamp informed the Commission that she will make these chapters available to the Commission once completed. At this time, Ms. Haskamp addressed Chapter 8, Implementation. Ms. Haskamp explained different strategies on how to implement each chapter. She encouraged the Planning Commission to look at other points they would like to see implemented in the Land Use Plan, and brought up the possibility of a joint Work Session meeting with City Council. Ms. Haskamp addressed the new land use designations and how they should coordinate with the new zoning districts. The City will need to make appropriate adjustments to be cohesive with the new zoning. Ms. Haskamp explained Appendix A: Mississippi River Corridor Critical Area Plan, showing maps and what was added since the Commission last viewed the draft. Ms. Haskamp noted there will be two surveys for the community, one for the MRCCA plan and one for the overall 2040 Comprehensive Plan to gauge the community’s opinion. Ms. Beekman stated the surveys and chapters will be posted on the City’s website and will be in the next newsletter, informing community residents on how to access the survey. ACTION TO RECOMMEND APPROVAL OF THE 2040 COMPREHENSIVE PLAN DRAFT There was a motion by Commissioner Tade, seconded by Commissioner Schonning, to approve the 2040 Comprehensive Plan Draft as presented. Voting in favor: Chair Christensen, Commissioners, Koenig, MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider this recommendation at its October 8, 2018 meeting. 7.DISCUSSION ITEMS 7a) CITY COUNCIL MEETING – PLANNING COMMISSION ITEM UPDATES (SEPTEMBER 10, 2018) PC Minutes 09-13-18 -8-DRAFT Ms. McIntosh stated that the Unity Place project and proposal went up for review at the last City Council meeting. The item was approved. The Applicant, Dan Walsh of Community Housing Development Corporation, will need to follow up with the City regarding housing bonds and will be submitting for building permits within the new few months. Ms. Beekman gave an update from the City Council stating there was a review for a new chicken ordinance, which would allow for up to six hens in residential backyards. The Council directed Staff to make a couple of revisions and bring the item back to the next City Council meeting. Ms. Beekman also updated the Commission about changes to the Rental Ordinance and specifically for those who hold a Type 4 rental license. Ms. Beekman stated the City will be adopting a snow emergency ordinance, which allows for City residents to be ticketed for leaving their vehicle parked on City streets when 2.5 inches or more of snow are on the ground. Ms. Beekman gave an update that the T21 ordinance passed, which prohibits the sale of tobacco to anyone under 21 years of age, and provides specific prohibitions on the sale of flavored tobacco and e-cigarette sales. 7b) URBAN LAND INSTITUTE – NAVIGATING YOUR COMPETITIVE FUTURE WORKSHOP (SEPTEMBER 24, 2018) Ms. Beekman invited the Commission to join the Urban Land Institute’s Navigating your Competitive Future Workshop held on September 24, 2018, from 4:30 to 6:30 p.m. in the Commission conference room at City Hall. Ms. Beekman explained the workshop and who will be attending. 7c) SEPTEMBER 27, 2018, PLANNING COMMISSION MEETING (CANCELLED) As no Planning Commission items were submitted for review and as Community Development staff will be at the annual Minnesota APA conference in Rochester, the September 27, 2018, Planning Commission meeting is cancelled. 7d) URBAN LAND INSTITUE – REAL ESTATE DEVELOPMENT PROCESS WEBINAR Ms. McIntosh updated the Commission that as the first webinar will be expiring within the next 30 days; she can provide the information to access the webinars. 8.OTHER BUSINESS There were no Other Business items. 9.ADJOURNMENT PC Minutes 09-13-18 -9-DRAFT There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:39 p.m. _______________________________ _______________________________ Ginny McIntosh, Secretary Randall Christensen, Chair ________________ App. No. 2018-017 PC 10/25/2018 Page 1 Planning Commission Report Meeting Date: October 25, 2018 Application No. Applicant: Location: Request: 2018-017 Simone Chambliss (Jambo Africa, Inc.) 1601 Freeway Boulevard Special Use Permit for Live Entertainment within a Restaurant INTRODUCTION Simone Chambliss of Jambo Africa, Inc (“the Applicant”) is requesting review and consideration of an application that would allow for the issuance of a Special Use Permit for the property located at 1601 Freeway Boulevard (“the Subject Property”). The Subject Property was formerly home to the Oriental Market for a number of years before closing in December 2017. The Applicant has purchased the building since and has been operating her restaurant, Jambo Africa, at this location since early 2018. The Applicant previously operated her restaurant off Shingle Creek Parkway in the shopping center containing Target, but after running her Jambo Africa restaurant out of two locations, she was recently able to centralize her restaurant back into one location (the Subject Property). Requests for issuance of a Special Use Permit require that a public hearing be scheduled. An Affidavit of Publication was received, confirming publication of a public hearing notice in the Brooklyn Center Sun Post on October 11, 2018 (Exhibit A). Mail notices were also sent out to property owners in accordance with Section 35-220 (Special Use Permits) of the Brooklyn Center Zoning Ordinance. Map 1. Subject Property Location (1601 Freeway Boulevard). •Application Filed: 09/25/2018 •Review Period (60-day) Deadline: 11/24/2018 •Extension Declared: N/A •Extended Review Period Deadline: N/A ________________ App. No. 2018-017 PC 10/25/2018 Page 2 Image 1. Exterior Images of Subject Property (1601 Freeway Boulevard). ________________ App. No. 2018-017 PC 10/25/2018 Page 3 COMPREHENSIVE PLAN AND ZONING STANDARDS Land Use Plan: OS/RB – Office/Service Business and Retail Business Neighborhood: Shingle Creek Current Zoning: C2 (Commerce) District Surrounding Zoning: North: I1 (Industrial Park) District East: C2 (Commerce) District South: C2 (Commerce) District West: C2 (Commerce) District Site Area: Approximately 1.05 Acres SPECIAL USE PERMIT REVIEW The Applicant is requesting approval of a Special Use Permit to allow for live entertainment at her existing restaurant. According to Section 35-220 (Special Use Permits) of the City’s Zoning Ordinance, “Special uses are those which may be required for the public welfare in a given district but which are, in some respects, incompatible with the permitted uses in the district. Before a building or premises is devoted to any use classified as a special use by this ordinance, a special use permit must be granted by the City Council.” Section 35-322 (C2 Commerce District) notes that “eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an R1, R2, or R3 district, including an abutment at a street line,” are allowed through approval and issuance of a Special Use Permit. It should be noted that the Subject Property, located at 1601 Freeway Boulevard, does not abut any R1, R2, or R3 properties. The Subject Property neighbors the Quality Inn, the Regional FBI Headquarters, and a former bowling alley that was approved through Special Use earlier this year for use as an event center. Light industrial properties lie to the north of the Subject Property (across Freeway Boulevard). The Applicant currently possesses a Liquor License and a Public Dance License from the City. While the Public Dance License does allow for pre-recorded music and DJs, the License does not allow for live entertainment. Per Section 23-301 of the City Code of Ordinances, Public Dance Licenses are issued in cases where public dancing is permitted in any public establishment, “within which intoxicating liquor or 3.2 percent malt liquor is licensed to be sold or consumed.” These Licenses also require renewal on an annual basis, as well as information illustrating the dance area, the maximum number of dancers to be accommodated, the hours during which public dancing will be conducted, and the intended methods for controlling sound emissions from the licensed premises. ________________ App. No. 2018-017 PC 10/25/2018 Page 4 Image 2. Interior Layout of Subject Property (1601 Freeway Boulevard). Per the Standards of Special Use Permits, a Special Use Permit may be granted by the City Council after demonstration by evidence that all of the following are met: 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. The Applicant currently operates a restaurant and bar at the Subject Property. The typical operating hours are from 10 a.m. to 10 p.m. when no special events are planned. On Fridays and Saturdays, the noted hours provided are from 10 a.m. to 1 a.m. In cases of special events, the Applicant notes that the restaurant could stay open until 2:30 a.m., but that last call for alcohol would be at 12:45 a.m. as the restaurant stops serving alcohol by 1 a.m. in order to meet the conditions of their City Liquor License. The Applicant notes that special events could include live entertainment such as DJs, comedians, small bands, magicians, poets, spoken word, and the like. A small dance floor would be offered in the restaurant area to allow people to dance. During certain special events, security would be provided in order to prevent “under-age entry, body searches for weapons, and skills to de- escalate matters whenever possible.” Staff is to the understanding that it is not the intent of the Applicant to establish a use that would be detrimental to the overall public health, safety, morals, and comfort of the general public. As there are not many restaurants within walking distance from the surrounding hotels and businesses along Freeway Boulevard, it is hoped that the establishment of the proposed uses would provide an enhancement to the surrounding uses. ________________ App. No. 2018-017 PC 10/25/2018 Page 5 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 Subject Property was constructed in 1989 as a Hardee’s restaurant (as is still indicated in the design of the building). Following its run as a Hardee’s, this location was home to the Oriental Market for a number of years. The Applicant has invested time and effort into the Subject Property by conducting some interior remodeling, re-striping of the parking lot, and anticipates re-roofing the restaurant in the very near future. The Applicant has remodeled the interior of the building to allow for the installation of a permanent bar, which received approval from the Hennepin County Health Department, free moving tables and chairs, and a lounge area. Although a buffet is not currently offered, the Applicant has installed a buffet area for use if needed. An area located along the north wall of the wall is reserved for installation of a removable stage. Building Official Dan Grinsteinner noted that the removable stage will need to possess a ramp that is compliance with ADA standards. Assuming the Applicant is cognizant of the types of events being put on and the neighbors located specifically to the south and east (Quality Inn and Regional FBI Headquarters), the special use should not be injurious to the enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values in the neighborhood. The Applicant should pay particular attention to the noise levels created by these proposed special events, particularly as the Quality Inn is located immediately to the south of the Subject Property and operates more similarly to that of a residential property. Given the proposed hours for special events, guests staying at the Quality Inn may be sleeping at this time. 2.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. It is not anticipated that the establishment of the requested special use would impede the normal and orderly development and improvement of the surrounding properties for uses permitted in the district. The Subject Property is currently surrounded by like-zoned C2 (Commerce) District properties, although the Quality Inn to the south is more residential in nature. With the exception of the City EDA-owned property (vacant land) located along I- 694/94, the surrounding land is currently developed. It is hoped that issuance of a Special Use Permit for live entertainment would serve as a draw and would perhaps result in further investment at the surrounding properties. 3.Adequate measurements have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. As the Applicant submitted building permits to the City in order to conduct renovations to the Subject Property earlier this year, City staff worked with the Applicant to address ingress, egress, and parking. As the Subject Property is already developed, there is only one ingress and egress, located along James Circle North and near the drive access to the Quality Inn. The Applicant worked with City staff to identify opportunities to introduce additional on-site parking given constraints to the Subject Property. Staff ultimately required changes to the parking in ________________ App. No. 2018-017 PC 10/25/2018 Page 6 order to meet minimum Zoning regulations for parking dimensions and Fire Code regulations for turn radius, minimum access road width, and height clearance along the rear of the restaurant building. Given the reduction in parking, select areas were identified that would allow for parallel parking. Per a final review of available on-site parking by Building Official Dan Grinsteinner, there are a total of 61 on-site parking spaces. Assuming a use of “Eating and drinking places,” the Applicant is required to provide, at minimum, one (1) parking space for every two seats, and one (1) parking space for every two employees on the average maximum shift. Given a total of 61 on- site parking spaces, the Applicant would be able to host no more than 122 guests and staff at the restaurant at any one time. This assumes all guests and staff drive to the restaurant. This information has been relayed to the Applicant on numerous occasions, as the restaurant can easily occupy a greater number of people than the Subject Property can park for. The Applicant will need to ensure that any special events take into account an attendance (of both guests and staff) of no more than 122 people. Parking shall not permitted on the street to allow for additional occupancy and the Applicant does not possess a shared parking agreement with any other neighboring properties. Based on prior conversations and staff knowledge of the surrounding properties, it is unlikely a parking agreement could be arranged, as the uses and lots available are not significantly over parked enough to allow for use by the Applicant. 4.The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Per the submitted plans, the Applicant has no plans to alter the exterior of the building in such a way to render the building or site non-conforming. With regard to the minimum parking requirements, the Applicant has worked with staff to revise the site and interior plans as necessary to address the maximum parking allowances. Other than the request for a Special Use Permit to allow for an eating establishments in conjunction with live entertainment, the existing restaurant use is generally permitted within the C2 (Commerce) District. The Applicant is currently in possession of a Liquor License and Public Dance License. Based on staff findings, staff recommends the Planning Commission recommend City Council approval of the requested Special Use Permit for live entertainment for the property located at 1601 Freeway Boulevard (Subject Property); subject to the Applicant complying with the comments outlined in the Approval Conditions noted below. SITE AND BUILDING PLAN APPROVAL CONDITIONS: Staff recommends the following conditions be attached to any positive recommendation on the approval of Application No. 2018-017 for 1601 Freeway Boulevard (Subject Property): 1.Building and Site Plan Review: a.Any major changes or modifications made to the Subject Property can only be made either through the City’s Building Permit process or through formal Building and Site Plan review by the City. 2.Agreements: a.The Applicant shall adhere to the maximum occupancies outlined by City staff in the ________________ App. No. 2018-017 PC 10/25/2018 Page 7 submitted plans in order to conform with maximum allowable parking on site of the Subject Property, not maximum allowable building occupancy. Parking shall not be permitted on the street or in neighboring parking lots to allow for additional occupancy at the restaurant. b.The Applicant shall keep noise and sound emissions confined to the Subject Property and be cognizant of the uses on neighboring properties (e.g., hotel, FBI Regional Headquarters). 3.Facilities and Equipment: a.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements. b.Any outdoor enclosures shall be constructed with materials that are complementary to the principal building. c.Drive aisles shall remain clear around the Subject Property for emergency access. d.Site lighting shall be well-maintained and kept in operating condition. RECOMMENDATION Based on the above-noted findings, Planning Staff recommends the Planning Commission recommends City Council approval of Planning Commission Application No. 2018-017, Special Use Permit for live entertainment within a restaurant for the Subject Property located at 1601 Freeway Boulevard, subject to the Applicant complying with the Approval Conditions. Should the Planning Commission accept this recommendation, the Commission may elect to adopt the resolution to be provided at the Planning Commission meeting on October 25, 2018, which memorializes the findings in issuing a Special Use Permit approval, subject to the Applicant complying with the above- mentioned conditions of approval. Attachments Exhibit A- Affidavit of Publication for Notice of Hearing (1601 Freeway Boulevard), published October 11, 2018, in Brooklyn Center Sun Post. Exhibit B- Application and Memo for Special Use Permit Request, prepared by Simone Chambliss (Jambo Africa, Inc), undated. Exhibit A E x h i b i t B 1 Description of Customer Services for Jambo Africa Inc, 1601 Freeway Blvd, Brooklyn Center, Mn. 55430 We provide a full-service bar and restaurant, and our hours of operation are from 10:00 am to 10:00 pm during weekdays when no special events are planned. On Fridays and Saturdays we are opened from 10:00 am to 01:00 am. For special events we will remain open until 02:30 am. We stop serving wine and alcohol beverages at 01:00 am, every night of the week, regardless whether there is a special event planned. And our last call for alcohol occurs every night at 12:45 am. Our food menu consists of meals native and common to East and West Africa, particularly to members of Minnesota's Liberian, Kenyan, and Nigerian communities. Our special events will involve a cover charge and will include live entertainment such as musicians and DJs, small bands, DJs, comedians, magicians, poets for spoken word, etc., and we offer a dance floor area for patrons which desire to get their swerve on ! We provide security during special events with a focus on preventing under-age entry, body searches for weapons and skills to de-escalate matters whenever possible. We are committed to provide a first class service for our customers, working closely with our partners at the City of Brooklyn Center including City Hall and the Brooklyn Center Police Department, and the State Of Minnesota to meet or exceed compliance regulations designed to keep our customers and team members safe and healthy. Also, could you provide more information on how often the special events would be taking place? Until what time at night? Would there be a cover charge? As the Planning Commission and City Council would be approving the special use permit for "live entertainment," they would want to know the specifics on the entertainment itself. As I will need to write a staff report about your request, I need as much information as possible. As reference, please refer to the following checklist for special use permits: http://cityofbrooklyncenter.org/DocumentCenter/HomeNiew/398 The link to the special use permit application (Planning Application) can be found here: http://cityofbrooklyncenter.org/DocumentCenterNiew/392 In the staff report, the following questions will need to be completely answered in order to provide a recommendation for approval of the special use permit: D 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-<' t-Jo W< will no,evid"�e..v--H.-1-c::. a�at pu.�l,c. �e.t�re nor .t,u,ll UJf: f□ tic;t���Tb mt Jiif no�cf nc;uMi·s t�1�J fn� � Mtv�il� 6t«it�fo�v� �":Km�fte �c1n% fg/' the purposes already permitted, nor substantially diminish and Impair property values wlthin the ..1, . neighborhood No, v:,e L.udl n°'t IVl\t)te f-½c. "s,e cw,d c:J1J !'-1.jY>tef'\r of= 6f'1e,-pv'Dp-er-f-'j lr"\."TJ'"',C... VLC.cn,ty, n-ov Will We:. d1"'11n1.si--. or ,�po.ti--prc.p.,-,ty V'-111.1� 7 ,.., +h� v,e1�hbc-r hoo.J D The establishment of the special use will not Impede the normal and or9erly development and Improvement d ofsurroundil)gpropertyforusespermittedinthedistrict.No 1 v:,e w,t/ nt,f-1n,pede. ·H-,� ht>fmo/1 or erty cteve/opmevrt:{1-14-Jnr(?roven,ent of' 91..1.rrDv,1d1n.'3 propJ;?rf-'1 F'b,-CVe7 pe.vm,tf-e.4 v1#1� dr$.-t,,c.r D Adequate measur"es have been or will be taken to provide tngress, egress and parking so designed as to minimize traffic congestion 1n the public streets. We_ v-> dl ¾\Ce ��e'bu..crfe Me-t.Sures. Jncivd /Al P {C>\J,d 1n5 :f,'ec..u.v-,-kf -to ensl..lv�rcpe✓ ,�re>�ton cv,,4-·ej{c:.S5 fO,'"\ or DV ,r Pcth-Dn.J ahd t-h ,..,. \ld,'1 c1�5 +..o ,;./v11t11J't� +c f,c.. c.�1-1�:st-1on i..-. I-he.. f>'-tbl1c. 7 1,-e .. :crf D rne spec,.11 use snall, ,n all cstne respects, CQJJ orm to the applicable regulations of the district In which it is located. '{es, we Ar-c C t>()1fl1.•·�I +o C6.,., Foo.,, +t:. tl,e "<ff>l,c..i:ible r-e3t.(.f£"(./-tcr.f of ·-l-¾-c: a,shr,'-f- 2 • MA,Y -7 ?018 L ----- ________________ App. No. 2018-018 PC 10/25/2018 Page 1 Planning Commission Report Meeting Date: October 25, 2018 Application No. 2018-018 Applicant: Jim Langevin (on behalf of Brooklyn Center Community Schools) Location: 5951 Earle Brown Drive Requests: (1) Interim Use Permit to allow for the temporary relocation of the Brooklyn Center STEAM High School to a C2 (Commerce) District zoned property in the Central Commerce Overlay District and (2) amendments to the Zoning Code to allow for temporary school uses as an Interim Use INTRODUCTION Jim Langevin (“the Applicant”), on behalf of Brooklyn Center Community Schools, is requesting the review and consideration of plans that would allow for issuance of an Interim Use Permit (refer to Exhibit A). This would allow for the temporary relocation of the Brooklyn Center STEAM High School to a C2 (Commerce) District zoned property located within the Central Commerce Overlay District through September 2020. This request is associated with previously approved plans to remodel interior and exterior portions of the existing Brooklyn Center STEAM Middle and High School property, located at 6500 Humboldt Avenue North in Brooklyn Center. The temporary relocation of the High School is intended to allow for a more efficient construction timeline and cause less of an impact on the student learning environment. As Interim Use Permit requests require that a public notice be published in the newspaper, a copy of the notice, published in the Brooklyn Center Sun Post on October 11, 2018, is included (Exhibit B). Mail notices were also sent to neighboring property owners. PROPERTY INFORMATION AND ZONING STANDARDS Neighborhood: Central Current Zoning: C2 (Commerce) District Overlay District: Yes—Central Commerce Overlay District Surrounding Zoning: North: C1A (Service/Office) District East: PUD-Mixed and C2 (Commerce) District South: C2 (Commerce) District West: C2 (Commerce) District Site Area: Approximately 6.46 acres • Application Filed: 09/25/2018 • Review Period (60-day) Deadline: 11/24/2018 • Extension Declared: N/A • Extended Review Period Deadline: N/A ________________ App. No. 2018-018 PC 10/25/2018 Page 2 Image 1. Subject Property (located at 5851 Earle Brown Drive). BACKGROUND Towards the end of summer and following site and building plan approval by the City for the proposed improvements at the existing Brooklyn Center STEAM Middle and High School, the Applicant met with City staff and indicated their intent to temporarily relocate the High School students and staff to an off- site location in order to accommodate the most efficient construction schedule. The Applicant had initially sought out space at 5910 Shingle Creek Parkway, where the Brooklyn Center Early College Academy, Babysteps, and Headway Emotional Health Services are located; however, they were unable to secure space at this location and had to seek space elsewhere. The Applicant eventually came upon 5951 Earle Brown Drive, which was formerly home to Brown College, a bank and credit union, and an office supply store. The Applicant indicated their desire to proceed with the temporary relocation of the High School to 5951 Earle Brown Drive; however, the relocation will require some renovation to the building in order to make it suitable for classroom and faculty use. The Applicant has proposed to enter into a lease agreement with the owner of the property (Star of the North Prop 3, LLC) and hopes to relocate students by January 2019 in order to maintain their identified construction schedule. Currently, elementary and secondary educational uses are not permitted in the C2 (Commerce) District or the Central Commerce Overlay District, both of which affect the selected site. City staff brought the Applicant’s initial request to the City Council Work Session on October 8, 2018, for discussion. Following discussion of the proposed temporary relocation of the High School to the Subject Property, the ________________ App. No. 2018-018 PC 10/25/2018 Page 3 majority consensus of the City Council was to direct staff to move forward with requests for a resolution to adopt interim regulations, which would allow the Applicant to work through the necessary Zoning Code amendments and approval of the requested Interim Use Permit (IUP) while keeping to their intended construction schedule. Based on direction from City Council and the City Attorney, the approval process for the requested Interim Use Permit and necessary zoning amendments would likely follow a timeline similar to this: October 8— City Council Work Session to discuss proposed request for IUP use October 22— City Council Resolution to adopt interim regulations while Applicant works through City approval process October 25— Planning Commission holds public hearing to review IUP and zoning amendment requests November 12— City Council reviews IUP request and holds 1st reading for zoning amendment requests December 10— City Council holds 2nd reading and public hearing for zoning amendment requests January (2019) — Ordinance amending Zoning Code and implementing amendments takes effect ZONING AMENDMENTS Due to the nature of the request, amendments would need to be made to sections of the City’s Zoning Code in order to allow for the Interim Use Permit request to be implemented. Although City Council will review a resolution to adopt interim regulations for the aforementioned Zoning Code amendments, the City needs to work through the formal City process and ultimately adopt an ordinance amending Chapter 35 of the City Code of Ordinances regarding elementary and secondary school interim uses in the City’s Commercial and Central Commerce Overlay Districts to finalize the request (refer to Exhibit C). Zoning District Amendments Public and private elementary and secondary schools (K-12) are currently not permitted as a use within the C2 (Commerce) District under Section 35-322. Under the “Permitted Uses” section of this zoning district, the following applies: In order for public schools to be located in the C2 District on an interim basis, a new interim use section would need to be incorporated to allow for “public and private elementary and secondary schools (K- 12)” to be allowed within the C2 District on a temporary or interim basis. The proposed amendment to Section 35-322 is as follows: 4. Interim Uses. a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, subject to the procedures and conditions in Section 35-430. The R1 District Section (Section 35-310) has a section that allows for “temporary classroom buildings as an accessory use to a public or private elementary or secondary school offering a regular course of study accredited by the Minnesota Department of Children, Families and Learning” that is subject to certain procedures and conditions; however, there is no provision that allows for the temporary or interim use ________________ App. No. 2018-018 PC 10/25/2018 Page 4 of R1 (One Family Residence) District properties for public and private elementary and secondary school (K-12) uses except through issuance of a more permanent Special Use Permit. Additionally, staff is requesting that the current language identified under “Interim Uses” in the R1 District for temporary classrooms be revised. The language under Section 35-310 would be amended as follows: 3. Interim Uses a. Temporary classroom buildings as an accessory use to a public or private elementary or secondary school offering a regular course of study accredited by the Minnesota Department of Children, Families and Learning, subject to the following procedures and conditions: in Section 35-430. 1) Interim use permits will be issued in accordance with the procedures and subject to the conditions stated in Section 35-220. 2) At the time of granting such a permit the Council shall specify a date or event that can be identified with certainty by which the interim use must be terminated and the structure(s) shall be removed from the site. In any event, however, such interim use shall not continue beyond any date when the Council, or any other governmental body having the power of eminent domain, adopts a resolution approving acquisition of the property by eminent domain, or the zoning of the property is changed to any classification under which the interim use is no longer permitted. 3) The Council may impose any conditions on such interim use which it deems necessary or expedient to protect the public health, safety or welfare or to assure that permission for the interim use will not impose additional costs on the public if it is necessary or expedient to take the property in the future. No such permit shall be issued unless the applicant first agrees in writing to the imposition of any such conditions. 4) In addition to any other conditions which may be imposed by the Council, the following restrictions shall apply: aa. Applicable lot standards and sign regulations shall be observed. bb. A landscape and parking plan for the property shall be submitted and approved by the Council. cc. Unless approved by the Council pursuant to this section and section 35- 220, no new buildings may be erected on the property and no existing buildings may be expanded while the interim use continues. dd. Temporary classrooms may be used for classrooms only and may not be ________________ App. No. 2018-018 PC 10/25/2018 Page 5 used for storage or converted to another use. ee. The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. Both the resolution adopting interim regulations and draft ordinance (Exhibit C) propose interim regulations that would alter the interim use section of Section 35-310(3) regarding temporary classrooms as an accessory use to a public or private elementary or secondary school and introduce language regarding temporary school uses. These documents would also amend Section 35-322 (C2 Commerce District) by incorporating an interim use section that would allow for temporary public and private elementary and secondary (K-12) school uses. Finally, a new section would be incorporated into the City’s Zoning Code to outline “temporary school uses.” This proposed section (Section 35-430) would outline the following provisions and conditions as part of the interim use permit process for temporary school uses: Section 35-430. TEMPORARY SCHOOL USES. 1. Interim Use. The use of temporary classroom buildings as an accessory use to a permanent or temporary public or private elementary or secondary school, and the use of property for a temporary public or private elementary or secondary school, allowed by this Chapter shall not occur except upon issuance of an interim use permit in accordance with the procedures and subject to the conditions stated in Section 35-220. 2. Application. An application for an interim use permit for a temporary school use allowed by this Chapter may only be submitted by an existing public or private elementary or secondary school located in the City of Brooklyn Center, offering a regular course of study accredited by the Minnesota Department of Education. The application for the interim use permit shall, in addition to the information required on the application form, include the following information. a. If the requested interim use permit is for an on-site temporary school building: (i) The number, size, and layout of any temporary classroom buildings to be located on the school site; (ii) Setbacks of any proposed temporary classroom buildings to property lines; (iii) Elevations and/or renderings of the proposed temporary classroom buildings; (iv) The number of students that will be served by the temporary classroom buildings; and (v) The reason for the need for temporary classroom buildings and the length of time they will be in use. b. If the requested interim use permit is for an off-site temporary school: ________________ App. No. 2018-018 PC 10/25/2018 Page 6 (i) The location of the proposed temporary school; (ii) The number of students and faculty that will occupy the school; (iii) A transportation plan, which includes bus times and routes, number of buses, number of anticipated drop-offs, and drop-off locations; (iv) A parking and circulation plan; (v) The reason for the need for the temporary school and the length of time it will be in use; and (vi) If exterior modifications to the building are proposed, elevations and/or renderings of the proposed changes. 3. Issuance. An application for an interim use permit for a temporary school use shall be processed in accordance with Section 35-220, except that the following additional standards shall also be considered: a. The proposed use must conform to the regulations in this Chapter; b. The date or event that will terminate the use can be identified with certainty; c. Allowing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d. The applicant agrees to the conditions the City Council imposes on the use. 4. Conditions. The City Council may impose any conditions on the interim use permits it issues as it deems are necessary or expedient to protect the public health, safety or welfare, or to ensure the use will not impose additional costs on the public if it is necessary or expedient to take the property in the future. Every interim use permit shall identify the date or event that will terminate the permit. The applicant shall either expressly agree in writing to the conditions imposed on the interim use permit or shall be deemed to have agreed to all such conditions without exception or reservation if the applicant undertakes the use allowed by the permit. 5. Performance Standards. In addition to any conditions placed on an interim use permit by the City Council, the following restrictions shall apply to interim use permits issued for a temporary school use. a. For temporary classroom buildings: (i) Applicable lot standards and sign regulations shall be observed; (ii) A landscape and parking plan for the property shall be submitted and approved by the Council; ________________ App. No. 2018-018 PC 10/25/2018 Page 7 (iii) Unless approved by the Council, no new buildings may be erected on the property and no existing buildings may be expanded while the interim use continues; (iv) Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use; and (v) The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. b. For temporary schools: (i) Applicable lot standards and sign regulations shall be observed; (ii) A parking and circulation plan shall be submitted and approved by the Council; and (iii) Unless approved by the Council, no new buildings may be erected and no existing buildings may be expanded on the property while the interim use continues. 6. Renewal. An application to renew an interim use permit for a temporary school use shall be submitted no fewer than 90 days prior to the termination of the existing permit, and processed in the same manner as a new application. Central Commerce Overlay District Per Section 35-2240 (Central Commerce Overlay District) of the City’s Zoning Code, this section would also need to be amended to allow for “public and private elementary and secondary schools (K-12)” on an interim basis. The current provisions of the Central Commerce Overlay District only allow for the following: The proposed amendment would incorporate a new “Interim Uses” section under Section 35-2240 (Central Commerce Overlay District) that would allow for the following: 3. Interim Uses. The following uses are allowed in the CC Central Commerce Overlay District with the issuance of an interim use permit. a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, subject to the procedures and conditions in Section 35-430. With the approval of the City Council resolution to adopt interim regulations for temporary school uses on October 22, 2018, the interim regulations will go into effect immediately and shall remain in effect ________________ App. No. 2018-018 PC 10/25/2018 Page 8 for 120 days or upon the effective date of the proposed zoning amendments as proposed in this staff report, whichever comes first. As formal approval of the aforementioned Zoning Code amendments is required in order to implement the proposed Interim Use Permit process for temporary school uses, City staff is requesting that the Planning Commission and City Council review the aforementioned language for incorporation into the Zoning Code as an amendment. The City Council has, in the recent past, discussed proposed amendments to the C2 (Commerce) District that would have allowed for public and private elementary and secondary uses (K-12) in the C2 District as a “permitted use” (rather than an “interim use”). City Council has not been open to allowing for this type of use as a long term, permitted use, in the City’s Commerce District. As the school has limited options available for relocating students to another facility on a temporary basis, other than relocating the students outside the City (and outside the district) or keeping the High School students in place, approval of the aforementioned zoning amendments, which would allow for the temporary relocation of the High School to a location within the City and within the same school district, seems reasonable. Based on staff findings, staff recommends Planning Commission recommend City Council approval of the aforementioned zoning amendments that would result in amendments to Sections 35-310 (R1 One Family Residence District), 35-322 (C2 Commerce District), and 35-2240 (Central Commerce Overlay District), as well as the incorporation of new Section 35-430 (Temporary School Uses). INTERIM USE PERMIT | SITE AND BUILDING REVIEW Interim Use Permits (IUPs) are similar to Special Use Permits (SUPs) in that they require a public hearing and approval from the Planning Commission and City Council. Furthermore, the City Council may place conditions on the approval of an IUP, as is outlined in the previous section. Unlike an SUP, the City Council may place a sunset date on an IUP, after which the use must be terminated. The Applicant is requesting approval of an Interim Use Permit that would allow the Applicant to temporarily relocate the Brooklyn Center STEAM High School from 6500 Humboldt Avenue North to 5951 Earle Brown Drive. According to the proposed new Section 35-430 (Temporary School Uses), “An application for an interim use permit for a temporary school use allowed by this Chapter may only be submitted by an existing public or private elementary or secondary school located in the City of Brooklyn Center, offering a regular course of study accredited by the Minnesota Department of Education. The application for the interim use permit shall, in addition to the information required on the application form, include the following information: If the requested interim use permit is for an off-site temporary school: (i) The location of the proposed temporary school; (ii) The number of students and faculty that will occupy the school; (iii) A transportation plan, which includes bus times and routes, number of buses, number of anticipated drop-offs, and drop-off locations; (iv) A parking and circulation plan; ________________ App. No. 2018-018 PC 10/25/2018 Page 9 (v) The reason for the need for the temporary school and the length of time it will be in use; and (vi) If exterior modifications to the building are proposed, elevations and/or renderings of the proposed changes. Performance Standards. In addition to any conditions placed on an interim use permit by the City Council, the following restrictions shall apply to interim use permits issued for a temporary school use. (i) Applicable lot standards and sign regulations shall be observed; (ii) A parking and circulation plan shall be submitted and approved by the Council; and (iii) Unless approved by the Council, no new buildings may be erected and no existing buildings may be expanded on the property while the interim use continues. Furthermore, a. The proposed use must conform to the regulations in this Chapter; b. The date or event that will terminate the use can be identified with certainty; c. Allowing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d. The applicant agrees to the conditions the City Council imposes on the use. Building Image 2. Exterior of Subject Property (located at 5851 Earle Brown Drive). The Applicant intends to relocate the Brooklyn Center STEAM High School students to 5951 Earle Brown Drive (see Image 2 above) while construction is conducted at Brooklyn Center STEAM Middle and High ________________ App. No. 2018-018 PC 10/25/2018 Page 10 School, located at 6500 Humboldt Avenue North. Construction is anticipated to commence in or before January 2019 and run for a period of approximately 20 months (September 2020). In order to facilitate this temporary transition, the Applicant will need to conduct renovations at the Subject Property prior to January 2019, as the current building is not configured for the High School. Because of the Applicant’s urgency in moving ahead with the work on the Subject Property, the resolution approving interim regulations, which was approved by City Council at their October 22, 2018, meeting, is intended to “bridge the gap” and provide some level of comfort to the Applicant regarding the City’s position on this type of interim use while the City works through the process of adopting more permanent Zoning Code amendments. The Applicant plans to occupy approximately 42,000-square feet of the existing multi-tenant building and would take over portions of the former Brown College and bank spaces, identified as Suites 100 and 200 in the attached plans (Exhibit A). The entire building comprises approximately 69,192-square feet. Due to the condition of the former office supply store, the Applicant does not intend to use the remaining tenant space and will ensure this area is inaccessible from the remodeled portion of the building. Per the memo provided by the Applicant, dated September 25, 2018, approximately 400 High School students and 75 staff would occupy the 42,000-square feet of space at the Subject Property. Parking and Access The Subject Property is currently served by two access points, off Earle Brown and Summit Drives, which lead into the main parking lot. A third access point off Summit Drive that provides access to the rear of the building (e.g., loading docks, trash enclosure). Minimum parking allowances for school uses are not outlined in the City Zoning Code and have typically been approved on a case-by-case basis. In the case of the existing Brooklyn Center STEAM Middle and High School, the minimum parking requirements were based on a one (1) parking space for every three (3) seat ratio for the largest capacity facility at the school. As the Subject Property will not feature such facilities, City staff worked with the Applicant to identify bussing needs for the High School (e.g., anticipated number of High School students planning to utilize school bussing service) and minimum parking needs for the 75 staff. The existing parking lot provides a total of 326 surface parking stalls (refer to Image 3 below). As a comparison, it was determined in 1991 that the existing Brooklyn Center STEAM Middle and High School required a total of 350 on-site parking spaces for all Middle and High School staff, administration, students, visitors, and parents to use. As an additional comparison, the existing Middle and High School has many more facilities (e.g., auditorium, field) and resources (e.g., health and dental clinic) than the temporary High School will have. The largest room in the proposed temporary High School will be the new lunch room (4,200-square feet). ________________ App. No. 2018-018 PC 10/25/2018 Page 11 Image 3. Existing Parking Lot at Subject Property (located at 5851 Earle Brown Drive). The Applicant does not intend to invest significant time and money into the parking lot as the location is intended for a temporary use; however, the Applicant should plan to have the parking lot swept and cleaned due to debris and weeds in the lot, and should assess the condition of the medians, as some have deteriorated and broken off (refer to Image 4 below). Image 4. Existing Parking Lot and Parking Medians at Subject Property (located at 5851 Earle Brown Drive). The Applicant will also need to ensure sufficient ADA parking is provided based on the number of parking spaces. Per the 2015 Minnesota Accessibility Code, parking lots with between 301 and 400 parking spaces require a minimum of eight (8) accessible parking spaces. The Applicant has anticipated a need for 10 to 15 school buses for students. The Applicant drew out a proposed circulation route for the school buses; however, per the Assistant City Engineer’s ________________ App. No. 2018-018 PC 10/25/2018 Page 12 memorandum dated October 22, 2018 (Exhibit D), the Applicant will need to provide a traffic and parking study to evaluate the parking needs of the temporary/interim uses (e.g., define the locations of student, staff, and visitor parking), traffic circulation patterns of the bus and student vehicles on site, and pedestrian safety within the site to ensure the safety of students, teachers, and visitors. The Applicant should also provide additional information regarding anticipated bus drop-off and pick-up times, bus routes, and finalized estimates on bus ridership for the proposed temporary High School location to better identify parking needs. As the temporary school will not feature the amenities the permanent High School location (6500 Humboldt Avenue North), the Applicant should provide additional information as to how students will be brought to any classes or activities (e.g., gym) at the permanent High School location. LIGHTING | TRASH Lighting No photometric plan was provided as part of the Applicant’s submittal. As the site has been left unused for some time, the Applicant should provide an overall photometric plan that addresses existing lighting and provides an overall check as to the continued operation of the lighting for student, staff, and visitor safety. Per the City Zoning Code, “all exterior lighting shall be provided with lenses, reflectors, or shades, so as to concentrate illumination of the property of the owner or operator of said illumination devices.” Lighting shall not exceed 10 foot candles measured at the property lines abutting the street right-of-way or non-residentially zoned properties. Trash The Applicant intends to utilize an existing trash enclosure located along the rear of the Subject Property. The City has normally viewed trash enclosures as “accessory structures,” which are permitted with a minimum required setback of three (3) feet from side and (5) feet from rear lot lines. The existing trash enclosure meets these requirements. It should be noted that all trash dumpsters and recycling bins will need to be located within the enclosure and the gates closed when not in use (see Image 5 below). Image 5. Existing Trash Enclosure Location at Subject Property (located at 5851 Earle Brown Drive). ________________ App. No. 2018-018 PC 10/25/2018 Page 13 LANDSCAPING No landscape plan was provided as part of the submittal, and as “schools” are not specifically outlined as a use under the Landscape Point System Policy, staff reviewed the submitted plans to determine whether adequate screening would be provided for the parking areas. Per Section 35-711 (Parking Lot Screening), “such off-street parking and loading areas within any yards which abut along a street which is residentially zoned on the side opposite shall be screened from street view by a screening device as approved by the City Council.” The site currently has trees planted along Summit Drive. City staff visited the site one morning and noted that the irrigation system had been turned on. As some heads appeared to not produce spray, the Applicant should work with the property owner to ensure the irrigation system is in operating condition. ASSISTANT CITY ENGINEER REVIEW Assistant City Engineer Andrew Hogg conducted a review of the application submittal and documents. Comments regarding this application can be found in the memorandum to City staff and dated October 22, 2018, attached hereto (Exhibit D). As was previously mentioned, the Applicant will need to provide sufficient ADA parking and comply with the overall ADA (Americans with Disabilities Act) standards, even for temporary or interim uses. As was discussed above in the Parking and Access section, the Applicant will also need to perform a traffic and parking study. BUILDING OFFICIAL/FIRE INSPECTOR REVIEW The Applicant shall work to ensure all 2015 Minnesota Fire Code requirements have been met as part of any building and site plan approval, including installation of a Knox box, addressing of fire egress, etc. Per Building Official Dan Grinsteinner, the Applicant will need to ensure appropriate door widths and swing is provided in the classrooms and particularly in the vestibule area. This will be determined based on occupant load. As the Applicant will be taking over portions of the building previously used for Brown College and a bank, the Applicant should be aware that the occupancy designation will change. As Brown College was previously a “C” (Commercial) occupancy as a post-secondary use, the new occupancy will be an “E” (Educational) occupancy for a secondary school use. This requires the installation of a fire sprinkler system as well as audible and notification devices. SIGNAGE No formal requests for approval were made as part of the application. Any new signage, including wall and monument signs, would require conformance with Chapter 34 of the City Code (Sign Ordinance), and specifically for Public Uses. Under the Sign Code, Public Uses are permitted one wall sign (not to exceed 36 square feet) and one wall sign immediately above or beside each public entrance to that part of the building that is used as a school and meets the requirements of the Minnesota Department of Education. These sign areas shall not exceed 10 square feet. The Applicant will need to file a separate Building Permit application for any proposed signage. Based on staff findings, staff recommends Planning Commission recommend City Council approval of the Applicant request for issuance of an Interim Use Permit for the temporary relocation of the Brooklyn Center STEAM High School to a C2-zoned property located within the Central Commerce Overlay District; subject to approval of the aforementioned zoning amendments and the Applicant complying with the comments outlined in the Approval Conditions noted below. ________________ App. No. 2018-018 PC 10/25/2018 Page 14 INTERIM USE PERMIT APPROVAL CONDITIONS Staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. 2018-018 for the Subject Property located at 5951 Earle Brown Drive: 1. Issuance of the Interim Use Permit for the temporary relocation of the Brooklyn Center STEAM High School is effective upon final Interim Use Permit approval by City Council and approval of the aforementioned zoning amendments to allow for temporary school uses. a. The requested interim use will terminate on a date no later than September 30, 2020, unless an application to renew the Interim Use is submitted to the City no fewer than 90 days prior to the termination of the existing Interim Use Permit, and processed in the same manner as a new application. 2. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits and other fire related building code items shall be reviewed and approved by the Fire Inspector. a. Final construction and demolition plans are to be submitted to the City for review and issuance of any applicable demolition and Building Permits. b. Any major changes or modifications made for the temporary relocation of the Brooklyn Center STEAM High School to 5951 Earle Brown Drive can only be made by an amendment to the approved Interim Use Permit, as approved by City Council. c. A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of any demolition or Building Permits and to discuss the temporary transition of the High School to the Subject Property. d. The Applicant agrees to work with the City Building Official and Fire Inspector to ensure: i. Adequate door widths and swing are provided per occupancy load, and specifically for the vestibule area of the building. ii. Compliance with 2015 Minnesota Fire Code provisions (e.g. Knox Box, fire connections). iii. Installation verification of fire sprinkler system with audible and notification devices per Code. e. The Applicant agrees to comply with all conditions or provisions noted in the Assistant City Engineer’s Review memorandum, dated October 22, 2018 (Exhibit D). i. Overall accessibility shall be verified and comply with ADA standards. ii. A Traffic and Parking study is to be provided to evaluate the parking needs of the temporary use (define locations of student, staff and visitor parking), traffic circulation patterns of bus and student vehicles on site, and pedestrian safety within the site to ensure safety of students, teachers, and visitors. f. The Applicant shall plan to have the parking lot swept and cleaned due to debris and weeds in the lot. The Applicant should assess the ________________ App. No. 2018-018 PC 10/25/2018 Page 15 condition of the medians, as some have deteriorated and broken off. g. The Applicant shall also provide additional information regarding anticipated bus drop-off and pick-up times, bus routes, and finalized estimates on bus ridership for the proposed temporary High School location to better identify parking needs. h. Any lighting will be in accordance with Section 35-712 (Lighting) of the City Zoning Code. Per City staff, a photometric plan will be required to confirm lighting compliance and functionality. i. The Applicant shall verify that irrigation system is in operating condition. 3. Signage for the Subject Property is subject to the Public Use allowances as identified within Chapter 34 (Sign Ordinance). Any requests for wall or freestanding signage will require the Applicant to submit a Sign Permit application to the City for review and approval. RECOMMENDATION Based on the above-noted findings, staff recommends the Planning Commission recommends: City Council approval of amendments to Chapter 35 (Zoning) of the City Code of Ordinances that would result in amendments to Sections 35-310 (R1 One Family Residence District), 35-322 (C2 Commerce District), and 35-2240 (Central Commerce Overlay District), as well as the incorporation of new Section 35-430 (Temporary School Uses). City Council approval of the Applicant requests to allow for the issuance of an Interim Use Permit for the temporary relocation of the Brooklyn Center STEAM High School to a C2-zoned property located within the Central Commerce Overlay District; subject to approval of the aforementioned zoning amendments to allow for temporary school uses and the Applicant complying with the Approval Conditions outlined in this Staff Report. Should the Planning Commission accept these recommendations, the Commission may elect to adopt the resolution to be provided at the Planning Commission meeting. Attachments Exhibit A- Planning Commission Application and Plans for the Temporary Relocation of Brooklyn Center High School to 5951 Earle Brown Drive, submitted September 25, 2018. Exhibit B- Public Notice Publication, Brooklyn Center Sun Post, dated October 11, 2018. Exhibit C- Draft City Council Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding Elementary and Secondary School Interim Use in the City’s Commercial and Central Commerce Overlay Districts. Exhibit D- Memorandum, prepared by Assistant City Engineer Andrew Hogg, dated October 22, 2018. E x h i b i t A Exhibit B 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the ____ day of __________, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to elementary and secondary school interim uses in the City’s commercial and central commerce overlay districts. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. ________ AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING ELEMENTARY AND SECONDARY SCHOOL INTERIM USE IN THE CITY’S COMMERCIAL AND CENTRAL COMMERCE OVERLAY DISTRICTS THE CITY OF BROOKLYN CENTER DOES ORDAIN: Article I. Brooklyn Center City Code, Chapter 35, Section 35-310(3) regarding the R1 One Family Residence District is amended as follows: 3.Interim Uses a.Temporary classroom buildings as an accessory use to a public or private elementary or secondary school offering a regular course of study accredited by the Minnesota Department of Children, Families and Learning, subject to the following procedures and conditions: in Section 35-430. 1)Interim use permits will be issued in accordance with the procedures and subject to the conditions stated in Section 35-220. 2)At the time of granting such a permit the Council shall specify a date or event that can be identified with certainty by which the interim use must be terminated and the structure(s) shall be removed from the site. In any event, however, such interim use shall not continue beyond any date when the Council, or any other governmental body having the power of eminent domain, adopts a resolution approving acquisition of the property by eminent domain, or the zoning of the property is changed to any classification under which the interim use is no longer permitted. 3)The Council may impose any conditions on such interim use which it deems necessary or expedient to protect the public health, safety or welfare or to assure that permission for the interim use will not impose additional costs on the public if it is necessary or expedient to take the property in the future. Exhibit C 2 No such permit shall be issued unless the applicant first agrees in writing to the imposition of any such conditions. 4)In addition to any other conditions which may be imposed by the Council, the following restrictions shall apply: aa. Applicable lot standards and sign regulations shall be observed. bb. A landscape and parking plan for the property shall be submitted and approved by the Council. cc.Unless approved by the Council pursuant to this section and section 35-220, no new buildings may be erected on the property and no existing buildings may be expanded while the interim use continues. dd.Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use. ee. The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. Article II. Brooklyn Center City Code, Chapter 35, Section 35-322 regarding the C2 Commerce District is amended as follows: 4.Interim Uses. a.Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, subject to the procedures and conditions in Section 35-430. Article III. Brooklyn Center City Code, Chapter 35 is amended by adding a new Section 35-430 as follows: Section 35-430. TEMPORARY SCHOOL USES. 1.Interim Use. The use of temporary classroom buildings as an accessory use to a permanent or temporary public or private elementary or secondary school, and the use of property for a temporary public or private elementary or secondary school, allowed by this Chapter shall not occur except upon issuance of an interim use permit in accordance with the procedures and subject to the conditions stated in Section 35-220. 3 2.Application. An application for an interim use permit for a temporary school use allowed by this Chapter may only be submitted by an existing public or private elementary or secondary school located in the City of Brooklyn Center, offering a regular course of study accredited by the Minnesota Department of Education. The application for the interim use permit shall, in addition to the information required on the application form, include the following information. a.If the requested interim use permit is for an on-site temporary school building: (i)The number, size, and layout of any temporary classroom buildings to be located on the school site; (ii)Setbacks of any proposed temporary classroom buildings to property lines; (iii)Elevations and/or renderings of the proposed temporary classroom buildings; (iv)The number of students that will be served by the temporary classroom buildings; and (v) The reason for the need for temporary classroom buildings and the length of time they will be in use. b.If the requested interim use permit is for an off-site temporary school: (i)The location of the proposed temporary school; (ii)The number of students and faculty that will occupy the school; (iii)A transportation plan, which includes bus times and routes, number of buses, number of anticipated drop-offs, and drop-off locations; (iv)A parking and circulation plan; (v) The reason for the need for the temporary school and the length of time it will be in use; and (vi) If exterior modifications to the building are proposed, elevations and/or renderings of the proposed changes. 3.Issuance. An application for an interim use permit for a temporary school use shall be processed in accordance with Section 35-220, except that the following additional standards shall also be considered: a.The proposed use must conform to the regulations in this Chapter; 4 b.The date or event that will terminate the use can be identified with certainty; c.Allowing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d.The applicant agrees to the conditions the City Council imposes on the use. 4.Conditions. The City Council may impose any conditions on the interim use permits it issues as it deems are necessary or expedient to protect the public health, safety or welfare, or to ensure the use will not impose additional costs on the public if it is necessary or expedient to take the property in the future. Every interim use permit shall identify the date or event that will terminate the permit. The applicant shall either expressly agree in writing to the conditions imposed on the interim use permit or shall be deemed to have agreed to all such conditions without exception or reservation if the applicant undertakes the use allowed by the permit. 5.Performance Standards. In addition to any conditions placed on an interim use permit by the City Council, the following restrictions shall apply to interim use permits issued for a temporary school use. a.For temporary classroom buildings: (i)Applicable lot standards and sign regulations shall be observed; (ii)A landscape and parking plan for the property shall be submitted and approved by the Council; (iii)Unless approved by the Council, no new buildings may be erected on the property and no existing buildings may be expanded while the interim use continues; (iv)Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use; and (v) The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. b. For temporary schools: (i)Applicable lot standards and sign regulations shall be observed; (ii)A parking and circulation plan shall be submitted and approved by the Council; and 5 (iii)Unless approved by the Council, no new buildings may be erected and no existing buildings may be expanded on the property while the interim use continues. 6. Renewal. An application to renew an interim use permit for a temporary school use shall be submitted no fewer than 90 days prior to the termination of the existing permit, and processed in the same manner as a new application. Article IV. Brooklyn Center City Code, Chapter 35, Section 35-2240 regarding the CC Central Commerce Overlay District is hereby amended as follows: 3.Interim Uses. The following uses are allowed in the CC Central Commerce Overlay District with the issuance of an interim use permit. a.Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, subject to the procedures and conditions in Section 35-430. 4.The following uses are not permitted in the CC Central Commerce Overlay District: a.sauna establishments b.massage establishments c.currency exchanges d.pawn shops e.secondhand goods dealers 45.The following area is hereby established as being within the CC Central Commerce Overlay District: The CC Central Commerce Overlay District is located within the area bounded by a continuous line beginning at a point located at the intersection of John Martin Drive and T.H. 100 and going southwesterly along the centerline of T.H. 100 to its intersection with Brooklyn Boulevard; thence northerly along the easterly right-of-way line of Brooklyn Boulevard to a point located approximately 445’ northerly of its intersection with County Road No. 10; thence east along an extended line made up of the south boundary lines of the plats for Grimes 2nd Addition, Hipp’s 4th Addition and Hipp’s 5th Addition, Hennepin County, continued to the centerline of Shingle Creek; thence northerly along the centerline of Shingle Creek to the centerline of I-94; thence easterly along said line to the centerline of 6 Humboldt Avenue North; thence southerly to the centerline of T.H. 100; thence southwesterly to the point of the beginning. Article V. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this ___ day of __________, 2018. _______________________________ Tim Willson, Mayor ATTEST: _________________________ City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) M E M O R A N D U M DATE: October 22, 2018 TO: Ginny McIntosh, City Planner/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Interim Use Permit – Brooklyn Center High School Public Works Department staff reviewed the following documents submitted for review on September 25, 2018, for a Special Use Permit for Brooklyn Center High School's temporary use of 5951 Earle Brown Drive: Application dated September 25, 2018 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: C1.01 – Site Plan 1. Accessibility shall comply with ADA standards. 2.Perform a Traffic and Parking study to evaluate the parking needs of the temporary use (define locations of student, staff and visitor parking), traffic circulation patterns of bus and student vehicles on site, and pedestrian safety within the site to ensure safety of students, teachers and visitors. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Exhibit D