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HomeMy WebLinkAbout2020-036 CCRMember Butler introduced the following resolution and moved its adoption: RESOLUTION NO. 2020-036 RESOLUTION REGARDING THE RECOMMENDED APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2020-001 SUBMITTED BY MASJID AL-ANSAR ISLAMIC COMMUNITY CENTER FOR ISSUANCE OF A SPECIAL USE PERMIT TO OPERATE A MOSQUE AND COMMUNITY CENTER AND APPROVAL OF A PARKING VARIANCE (LOCATED AT 4900 FRANCE AVENUE NORTH) WHEREAS, Planning Commission Application No. 2020-001 submitted by Masjid Al-Ansar Islamic Community Center ("the Applicant") requests review and consideration for the issuance of a Special Use Permit to operate a mosque and community center at 4900 France Avenue North ("the Subject Property"); and WHEREAS, the Subject Property is situated in the I-2 (General Industry) District, where religious uses are permitted only through issuance of a Special Use Permit under City Code Section 35-331.3; and WHEREAS, the Applicant has submitted an application to the City of Brooklyn Center for official consideration under Planning Commission Application No. 2020-001; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on February 13, 2020, whereby a planning staff report was presented and public testimony regarding the Special Use Permit were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota determined that the identified potential deficiency in on -site parking would have minimal impacts on the surrounding neighborhood and uses if the Applicant provides an off -site shuttle van service, utilizes an on -site parking attendant to direct traffic during higher trafficked services and events, and designates the majority of the parking lot located on the Subject Property for "carpool use" only; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this Special Use Permit contained in Section 35-220 (Special Use Permit) of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan; WHEREAS, the City Council finds as follows regarding Planning Commission Application No. 2020-001, submitted by Masjid Al-Ansar Islamic Community Center: a) The Planning Commission Report related to this request, which was updated for the City Council on March 9, 2020, is incorporated herein by RESOLUTION NO. 2020-036 reference. b) The rectangular building on the Subject Property is located at 4900 France Avenue North ("Rectangular Building"), is currently unfit for human occupancy due to water damage, and is the building the Applicant intends to occupy first. c) The circular building on the Subject Property is located at 4902 France Avenue North ("Circular Building"), has been vacant for a number of years, and its condition is unknown. 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. e) 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. f) 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. g) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. Based on the information presented by the Applicant, the Subject Property does not contain sufficient parking on -site to comply with the parking requirements in the City's Zoning Ordinance. Therefore, in order to allow the proposed use on the Subject Property, a parking variance needs to be granted. h) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that it hereby approves Planning Commission Application No. 2020- 001 and issues a special use permit, together with a parking variance, for the Subject Property conditioned on compliance with all of the following: 1. The parking variance granted herein allows the proposed use of the Subject Property without needing to strictly comply with the parking requirements in the City's Zoning Ordinance. The Applicant shall develop a Parking Plan for approval by the City Planner to accommodate the anticipated parking needs for the approved use. The Applicant shall RESOLUTION NO. 2020-036 be required to implement, and remain in compliance with the approved Parking Plan. 2. To minimize parking concerns, the Applicant shall separate its on -site gatherings by a minimum of 30 minutes to allow for the clearing of the parking lot. 3. The majority of the parking lot shall be signed for "carpool use" only in accordance with approved Parking Plan. 4. Attendees shall not utilize private property or areas designated as "no parking" (e.g. France Avenue North cul-de-sac) for their parking needs. These prohibited parking areas shall be designated in the approved Parking Plan. This prohibition does not apply to parking secured through a written parking agreement with the property owner. Any major changes or modifications made to the Subject Property and previously approved plans can only be made either through the City's Building Permit process or through formal Site and Building Plan review by the City. a. Architectural plans shall be furnished to the City for any proposed renovations to either the Rectangular Building or Circular Building. 6. The Applicant shall not occupy the Rectangular Building located on the Subject Property until: a. A new Certificate of Occupancy is issued by the City Building Official for the structure for the intended uses; and b. The Applicant obtains City permits and completes all minimum required interior and site improvements for the proposed uses as per the City Building Official, Fire Inspector, City Planner, and Assistant City Engineer. 7. The Applicant shall not occupy the Circular Building located on the Subject Property until: a. A new Certificate of Occupancy is issued by the City Building Official for the structure, if required; b. The Applicant obtains City permits and completes all minimum required interior and site improvements for the proposed uses as per the City Building Official, Fire Inspector, City Planner, and Assistant City Engineer; and c. The existing apartment located in the Circular Building shall not be occupied for residential proposes as it is a discontinued non -conforming use that has not been in possession of a rental license for over two years. The Applicant shall bring the Subject Property into conformance with the approved site plan prepared by Blumentals Architecture and dated February 5, 1998, including, but not limited to the following improvements: a. Re -striping and expansion of Subject Property parking lot to provide minimum of 32 on -site parking spaces; RESOLUTION NO. 2020-036 b. Relocation and/or reconstruction of outdoor trash enclosure per City Code requirements, and as approved by City Planner; and c. Relocation of existing accessible route for second building on Subject Property (4902 France Avenue North). 9. The approved Landscape Plan identified on the site plan prepared by Blumentals Architecture and dated February 5, 1998 shall be brought back into compliance and any overgrown vegetation removed, including near fire access points. Any requests for alternate plantings shall be reviewed by the City Planner. 10, The Applicant shall install a fence along the south perimeter of the Subject Property to create a barrier between parking lot and active rail line. The Applicant shall work with the ownership of the abutting railroad to determine allowances for fencing. The Applicant shall forward plans for fencing to the City Planner and Building Official and a Building Permit submitted for review and approval if required. 11. The Applicant shall comply with all comments outlined in the memorandum prepared by Assistant City Engineer Andrew Hogg on February 10, 2020. 12. The Applicant/Property Owner shall ensure the fire sprinkler system is maintained and monitored. 13. The Applicant shall furnish a copy of an agreement to the City Planner for the off -site shuttle lot(s) with a proposed method of operation for the shuttle, and its location. No shuttle lots shall be approved for within the City of Brooklyn Center that cannot provide sufficient minimum off-street parking for the on -site use, and the Applicant shall notify the City Planner with any changes to the off -site shuttle lot. 14. The Applicant shall ensure a parking lot attendant is in place between Friday prayer services and any other events generating parking needs beyond the amount available on - site of the Subject Property. The attendant shall be located on the Subject Property and shall not direct traffic from City Right -of -Way or adjacent private property. RESOLUTION NO. 2020-036 March 23, 2020 Date ATTEST:�J jL C` City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Ryan and upon vote being taken thereon, the following voted in favor thereof: Butler, Elliott, Graves, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.