HomeMy WebLinkAbout2002-003 Inf Sh 5801 John Martin Drive Application Filed on 1-31-02
City Council Action Should Be
Taken By 4-1-02 (60 Days)
Planning Commission Information Sheet
Application No. 2002-003
Applicant: Nathan Wattenhofer
Location: 5801 John Martin Drive
Request: Special Use Permit
The applicant, Nathan Wattenhofer, on behalf of Heart Alive Entertainment and Event Center, is seeking a special use permit to operate a family entertainment and event complex at the
old Cinema I, II, III & IV Theater building, 5801 John Martin Drive. The building is part of the Brookdale Square shopping center complex, which is a 23.2 acre site lying between Shingle
Creek Parkway and John Martin Drive, northerly of Brookdale Ford. The Brookdale Square shopping center is zoned C-2 (Commerce) and is bounded by the Minnesota School of Business building,
the Health Partners Dental Clinic and the Perkins Restaurant on the north; by John Martin Drive and T. H. 100 right of way on the east; by Brookdale Ford on the south; and by Shingle
Creek Parkway on the west. The Brookdale Square site is made up of four separate buildings, a multi tenant strip center, the old Fuddrucker’s Restaurant building and two theaters, the
Brookdale Eight Theater and the Cinema Theaters. Again, the applicants are proposing to utilize the old Cinema I, II, III, & IV building for their entertainment and event complex.
Recreation and amusement places such as motion picture theaters and legitimate theaters are special uses in the C-2 zoning district per Section 35-322, Subdivision 3d of the zoning ordinance.
A special use permit was granted by the City Council for a motion picture theater when the Cinema multi screen theater was first proposed for the site on which it is located. The additional
activity comprehended as part of this entertainment complex requires the additional special use permit. Live entertainment, as being proposed for a portion of this building, was not
comprehended at the time the theater was originally built. Originally, when the Cinema complex was first built, it was on its own parcel of land. It was later, a few years after Brookdale
Square with the then UA Theater was built that this site was incorporated with Brookdale Square through a replatting and redesign of the complex. Full access through Brookdale Square
to the Cinema site was provided when physical barriers were removed and the complexes were consolidated.
Live entertainment such as that being proposed with this activity was not comprehended as part of the original special use permit and, thus, the applicant is before the Planning Commission
seeking the additional approval.
The applicant has submitted written information relating to his proposal and has outlined that it is to be a family entertainment and event complex which would include the showing of
movies such as feature films, family movies, world wide pictures, also sporting events and simulcast events. Live entertainment would include live music, local and national Christian
bands and local church worship bands. Dances would be conducted at the event center as outlined in their proposal and the building would also be used for resource and education activities
such as instruction for elderly and kids on internet use. They also propose to sponsor lecture and banquet facilities utilizing local and regional speakers and catered banquets. There
would be food service and retail sales including coffee, soup, sandwiches, soft serve ice cream, soft drinks, popcorn, candy and prepackaged foods plus the sales of apparel, music and
book sales. They note other proposed activity as indoor craft shows, outdoor flea markets, and indoor game nights. The applicant has indicated that the activities are geared towards
young and old alike and would be “Christian oriented”.
The applicant plans to make improvements to the property and renovate the property by replacing the roof, replacing HVAC units, repairing broken windows, repainting the exterior of the
building and repairing signs and adding some landscaping.
The activities comprehended, with the exception of the outdoor flea market and sales, are activities that are acknowledged or comprehended under the city’s zoning ordinance. A flea
market, or outdoor sales, can be conducted but only on a limited basis and in conjunction with the provisions for Administrative Land Use permits. This would limit such outside sales
or activities to two times per calendar year not to exceed ten consecutive days in duration. Any approval granted to the applicant should acknowledge that the outdoor sales and activity
must be consistent with the provisions for administrative permits.
Generally, we take the opportunity of a special use permit or site and building plan application to make certain that the site complies with current requirements of the city ordinances.
A Pep Boys use of the west end of the strip shopping center was before the Planning Commission and City Council in the relatively recent past. As well, additions to the Brookdale Square
shopping center have resulted in a number of site reviews with respect to the property. We do not believe it is necessary to further evaluate the site with respect to landscaping (the
landscape point system has been met with respect to the property) and drainage and storm water retention on the site is appropriate.
Parking on the site exceeds the parking requirements for a mixed use development such as the Brookdale Square complex, which includes the retail parking formula for the strip center,
parking based on seating and employees for the restaurant and parking based on the assembly occupancy for the theaters. A surplus of parking exists with respect to the Brookdale Square
site itself. Seating and activity for the applicant’s proposed use will not exceed that for the old Cinema I, II, III, & IV.
The applicant has also submitted written comment as to how they feel they meet the standards for special use permits contained in Section 35, 220, Subdivision 2a through 2e of the zoning
ordinance (attached). The applicant notes that Heart Alive Entertainment and Event Center is designed to be used by local businesses as well as the general public for the various activities
that were listed. He notes that all venues will be reviewed for content and this facility is primarily designed for kids and seniors. He points out that they will meet all state and
local code with regard to all improvements to the property and that they will be promoting personal and family morals and values. He also notes that there is adequate parking in relation
to the persons utilizing the facility and that he believes Heart Alive meets the city’s zoning requirements for an entertainment center.
We would generally agree with the applicant’s comments relating to the standards for special use permits. Generally, these standards require that a proposed special use permit will
promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public, that it will not be injurious to the use and enjoyment of other
property in the immediate neighborhood nor substantially diminish or impair property values; that it not impede the normal and orderly development of surrounding property; that it be
designed so as to minimize traffic congestion on the public streets; and that it will conform with applicable regulations of the district in which it is located. We believe all of these
standards can be met with respect to the applicant’s proposal. The building is basically designed as an entertainment complex, the fact that some live entertainment and other activities
will take place is not out of character for the building nor for this site. Ingress, egress and parking on the site will be unchanged and is certainly adequate to handle the activities
proposed for this building. The use does not seem to be detrimental to existing uses on the site or potential uses allowed in this zoning district. It should not cause any diminishing
of the value of the property.
A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners.
RECOMMENDATION
We believe the proposal is in order and approval is recommended subject to the following conditions.
A special use permit is granted to Heart Alive Entertainment and Event Center to operate an entertainment and event center at 5801 John Martin Drive as indicated in this application.
Any expansion or alteration of the use not comprehended by the zoning ordinance or by the approved plans shall require an amendment to the special use permit.
The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation.
The building plans for alterations and renovations of the building are subject to the approval of the Building Official with respect to applicable codes.
Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view.
Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances.
Outside activity such as flea markets, craft sales or other types of sales are allowed only in conjunction with the issuance of an administrative land use permit per Section 35-800 of
the city’s zoning ordinance.
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