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HomeMy WebLinkAbout2005-005 Inf Sh 6840 Shingle Creek Pkwy Application Filed on 2-16-05 City Council Action Should Be Taken By 4-17-05 (60 Days) Planning Commission Information Sheet Application No. 2005-005 Applicant: Greg A. Nelson Location: 6840 Shingle Creek Pkwy Request: Special Use Permit The applicant, Greg A. Nelson, is seeking a special use permit to operate the Minnesota Martial Arts Academy in an approximate 5,300 sq. ft. tenant space at 6840 Shingle Creek Parkway. The property in question is zoned I-1 (Industrial Park) and is located on the north side of Shingle Creek Parkway, easterly of the city garage and maintenance building. It is bounded on the south by Shingle Creek Parkway with the Metropolitan Council Transit facility on the opposite side of the street; on the west by the city garage; on the east by another spec office/industrial building. All of these properties are zoned I-1. To the north of the site is 69th Avenue with R-1 zoned property containing single family homes and a portion of Palmer Lake park on the opposite side of the street. The Martial Arts Academy is regarded as an “instructional use” which is a special use in the C-1 (Service/Office) zone and a permitted use in the C-2 (Commerce) zone. It is an allowable use in the I-1 zone through the special use permit process. The applicant has operated his Martial Arts Academy for over 12 years at the Hmong America Shopping Center, 1910 57th Avenue North. The City is in the process of acquiring this shopping center for redevelopment purposes, thus Mr. Nelson is required to relocate. He desires to stay in the general area as he has built a client base and has found the location at 6840 Shingle Creek Parkway to be acceptable. He is seeking this special use permit pursuant to Section 35-330, Subdivision 3e of the zoning ordinance, which allows limited commercial development such as instructional uses to be located in the I-1 zoning district provided the use can meet the general standards for special use permits contained in Section 35-220 and the special criteria outlined in Section 35-330, Subdivision 3e. The applicant has submitted written information including a letter (attached) explaining his operation and how he believes it meets the standards for special use permits. He points out that the Minnesota Martial Arts Academy emphasizes physical fitness, self defense and character development at the same time as upholding the tenets of the martial arts including compassion, discipline, honor, humility and respect. The Standards for Special Use Permits require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health, safety and welfare of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Furthermore, it must be compatible with, complimentary to and of comparable intensity to permitted I-1 uses and not have an adverse impact upon the industrial park or the community. Information has also been submitted regarding existing parking on the site and how the proposed Martial Arts Academy will not have a negative impact on this aspect of the use. Currently there are 307 on site parking spaces. The existing office to industrial uses at 6840 Shingle Creek Parkway is about 7 percent office, 93 percent industrial which requires 169 parking spaces. Surplus parking exists based on this ratio of office to industrial uses. In fact, an approximate 40 percent office/60 percent industrial mix could exist given the amount of available on site parking. It is anticipated that the Martial Arts Academy would require approximately 26 parking spaces for its given use. The building owner allocates approximately 14.4 spaces per tenant. The additional parking for the Martial Arts Academy can be accommodated with out negatively impacting other tenants in the building. Furthermore, much of the instructional time is off peak from the normal business hours for the existing tenants on the site. It is not anticipated that problems associated with this instructional use will exist. A public hearing has been scheduled and notices of the Planning Commission’s consideration have been sent to surrounding property owners. RECOMMENDATION All in all, it is believed that the Standards for Special Use Permit and the special criteria for allowing certain commercial use in the I-1 zoning district are met. It is recommended that the application be approved subject to the following conditions: The special use permit is issued to Greg A. Nelson on behalf of Minnesota Martial Arts Academy, Inc. as an instructional use in martial arts. No other use, not comprehended by this application shall be permitted. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the city ordinances and the city’s sign policy with respect to 69th Avenue North. 3-10-05 Page 2 Application Filed on 2-16-05 City Council Action Should Be Taken By 4-17-05 (60 Days) Planning Commission Information Sheet Application No. 2005-005 Applicant: Greg A. Nelson Location: 6840 Shingle Creek Pkwy Request: Special Use Permit The applicant, Greg A. Nelson, is seeking a special use permit to operate the Minnesota Martial Arts Academy in an approximate 5,300 sq. ft. tenant space at 6840 Shingle Creek Parkway. The property in question is zoned I-1 (Industrial Park) and is located on the north side of Shingle Creek Parkway, easterly of the city garage and maintenance building. It is bounded on the south by Shingle Creek Parkway with the Metropolitan Council Transit facility on the opposite side of the street; on the west by the city garage; on the east by another spec office/industrial building. All of these properties are zoned I-1. To the north of the site is 69th Avenue with R-1 zoned property containing single family homes and a portion of Palmer Lake park on the opposite side of the street. The Martial Arts Academy is regarded as an “instructional use” which is a special use in the C-1 (Service/Office) zone and a permitted use in the C-2 (Commerce) zone. It is an allowable use in the I-1 zone through the special use permit process. The applicant has operated his Martial Arts Academy for over 12 years at the Hmong America Shopping Center, 1910 57th Avenue North. The City is in the process of acquiring this shopping center for redevelopment purposes, thus Mr. Nelson is required to relocate. He desires to stay in the general area as he has built a client base and has found the location at 6840 Shingle Creek Parkway to be acceptable. He is seeking this special use permit pursuant to Section 35-330, Subdivision 3e of the zoning ordinance, which allows limited commercial development such as instructional uses to be located in the I-1 zoning district provided the use can meet the general standards for special use permits contained in Section 35-220 and the special criteria outlined in Section 35-330, Subdivision 3e. The applicant has submitted written information including a letter (attached) explaining his operation and how he believes it meets the standards for special use permits. He points out that the Minnesota Martial Arts Academy emphasizes physical fitness, self defense and character development at the same time as upholding the tenets of the martial arts including compassion, discipline, honor, humility and respect. The Standards for Special Use Permits require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health, safety and welfare of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Furthermore, it must be compatible with, complimentary to and of comparable intensity to permitted I-1 uses and not have an adverse impact upon the industrial park or the community. Information has also been submitted regarding existing parking on the site and how the proposed Martial Arts Academy will not have a negative impact on this aspect of the use. Currently there are 307 on site parking spaces. The existing office to industrial uses at 6840 Shingle Creek Parkway is about 7 percent office, 93 percent industrial which requires 169 parking spaces. Surplus parking exists based on this ratio of office to industrial uses. In fact, an approximate 40 percent office/60 percent industrial mix could exist given the amount of available on site parking. It is anticipated that the Martial Arts Academy would require approximately 26 parking spaces for its given use. The building owner allocates approximately 14.4 spaces per tenant. The additional parking for the Martial Arts Academy can be accommodated with out negatively impacting other tenants in the building. Furthermore, much of the instructional time is off peak from the normal business hours for the existing tenants on the site. It is not anticipated that problems associated with this instructional use will exist. A public hearing has been scheduled and notices of the Planning Commission’s consideration have been sent to surrounding property owners. RECOMMENDATION All in all, it is believed that the Standards for Special Use Permit and the special criteria for allowing certain commercial use in the I-1 zoning district are met. It is recommended that the application be approved subject to the following conditions: The special use permit is issued to Greg A. Nelson on behalf of Minnesota Martial Arts Academy, Inc. as an instructional use in martial arts. No other use, not comprehended by this application shall be permitted. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the city ordinances and the city’s sign policy with respect to 69th Avenue North. 3-10-05 Page 2 Application Filed on 2-16-05 City Council Action Should Be Taken By 4-17-05 (60 Days) Planning Commission Information Sheet Application No. 2005-005 Applicant: Greg A. Nelson Location: 6840 Shingle Creek Pkwy Request: Special Use Permit The applicant, Greg A. Nelson, is seeking a special use permit to operate the Minnesota Martial Arts Academy in an approximate 5,300 sq. ft. tenant space at 6840 Shingle Creek Parkway. The property in question is zoned I-1 (Industrial Park) and is located on the north side of Shingle Creek Parkway, easterly of the city garage and maintenance building. It is bounded on the south by Shingle Creek Parkway with the Metropolitan Council Transit facility on the opposite side of the street; on the west by the city garage; on the east by another spec office/industrial building. All of these properties are zoned I-1. To the north of the site is 69th Avenue with R-1 zoned property containing single family homes and a portion of Palmer Lake park on the opposite side of the street. The Martial Arts Academy is regarded as an “instructional use” which is a special use in the C-1 (Service/Office) zone and a permitted use in the C-2 (Commerce) zone. It is an allowable use in the I-1 zone through the special use permit process. The applicant has operated his Martial Arts Academy for over 12 years at the Hmong America Shopping Center, 1910 57th Avenue North. The City is in the process of acquiring this shopping center for redevelopment purposes, thus Mr. Nelson is required to relocate. He desires to stay in the general area as he has built a client base and has found the location at 6840 Shingle Creek Parkway to be acceptable. He is seeking this special use permit pursuant to Section 35-330, Subdivision 3e of the zoning ordinance, which allows limited commercial development such as instructional uses to be located in the I-1 zoning district provided the use can meet the general standards for special use permits contained in Section 35-220 and the special criteria outlined in Section 35-330, Subdivision 3e. The applicant has submitted written information including a letter (attached) explaining his operation and how he believes it meets the standards for special use permits. He points out that the Minnesota Martial Arts Academy emphasizes physical fitness, self defense and character development at the same time as upholding the tenets of the martial arts including compassion, discipline, honor, humility and respect. The Standards for Special Use Permits require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health, safety and welfare of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Furthermore, it must be compatible with, complimentary to and of comparable intensity to permitted I-1 uses and not have an adverse impact upon the industrial park or the community. Information has also been submitted regarding existing parking on the site and how the proposed Martial Arts Academy will not have a negative impact on this aspect of the use. Currently there are 307 on site parking spaces. The existing office to industrial uses at 6840 Shingle Creek Parkway is about 7 percent office, 93 percent industrial which requires 169 parking spaces. Surplus parking exists based on this ratio of office to industrial uses. In fact, an approximate 40 percent office/60 percent industrial mix could exist given the amount of available on site parking. It is anticipated that the Martial Arts Academy would require approximately 26 parking spaces for its given use. The building owner allocates approximately 14.4 spaces per tenant. The additional parking for the Martial Arts Academy can be accommodated with out negatively impacting other tenants in the building. Furthermore, much of the instructional time is off peak from the normal business hours for the existing tenants on the site. It is not anticipated that problems associated with this instructional use will exist. A public hearing has been scheduled and notices of the Planning Commission’s consideration have been sent to surrounding property owners. RECOMMENDATION All in all, it is believed that the Standards for Special Use Permit and the special criteria for allowing certain commercial use in the I-1 zoning district are met. It is recommended that the application be approved subject to the following conditions: The special use permit is issued to Greg A. Nelson on behalf of Minnesota Martial Arts Academy, Inc. as an instructional use in martial arts. No other use, not comprehended by this application shall be permitted. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. Special use permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the city ordinances and the city’s sign policy with respect to 69th Avenue North. 3-10-05 Page 2