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HomeMy WebLinkAbout2010-001 Information Sheet 6870 Shingle Creek ParkwayApplication Filed on 12-21-09City Council Action Should BeTaken By 2-19-10 (60 Days)Planning Commission Information SheetApplication No. 2010-001Applicant: Joe Logan for Alleluia Sanctuary ChurchLocation: 6870 Shingle Creek Pkwy, Palmer Lake Plaza BuildingRequest: Special Use Permit - for Religious Assembly/Church within an I-1 (Industrial Park) Zoning DistrictThe applicant, Pastor Joe Logan, on behalf of the Alleluia Sanctuary Church is requesting a Special Use Permit for a church use in a 2,915 sq. ft. tenant space in Suite B115 of the Palmer Lake Plaza (Office/Service portion) located at 6870 Shingle Creek Parkway.The applicant’s architect, The Dennis Batty & Associates Group, has provided the attached floor plan which illustrates the proposed use of this 33 ft. X 88 ft. warehouse space as a church having 65 seats and has indicated the hours of operation will be Sunday 10:00 a.m. to 2:00 p.m. and Friday 7:00 p.m. to 10:00 p.m.ZONINGThe subject property is zoned PUD/I-1 (Planned Unit Development /Industrial Park). The proposed use is a permitted use in the C-1 and C-2 zoning districts under the category of “places of religious assembly such as chapels, churches, temples, mosques and synagogues”. This category of use is an allowable use in the I-1 zone through the special use permit process, pursuant to Section 35-330, Subdivision 3c, of the zoning ordinance. This section allows limited commercial and service and office uses such as proposed to be locatedin the I-1 zoning district provided the use can meet the general standards for special use permits contained in Section 35-220 of the zoning ordinance and the special criteria outlined in Section 35-330, Subdivision 3e.COMPLIANCE FOR STANDARDS FOR SPECIAL USE PERMITSAttached are the responses to the five questions which must be satisfied to consider the issuance of a Special Use Permit (Section 35-220, Subdivision 2) 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.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. c.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. d.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. e.The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located.Additionally, these responses address the following questions within Section 35-330, Subdivision 3e, which are required to be satisfied. Compatible with existing adjacent land uses as well as with those uses permitted in the I-1 district generally. Complementary to existing adjacent land uses as well as to those uses permitted in the I-1 district generally. Of comparable intensity to permitted I-1 district land uses with respect to activity levels. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park or the community. STAFF COMMENT A review of the zoning history of this property indicates the following: The Palmer Lake Plaza was constructed in 1978 as a mixed use multi-tenant facility consisting of approximately 139,000 sq. ft. including the following:52,000 sq. ft. office area39,000 sq. ft. warehouse area48,000 sq. ft. service center area The project was initially developed with a main parking area consisting of 281 stalls on the west side of the lot and 50 parking stalls on the east side. In 1986, an amendment to the site plan was approved which replaced the front row of parking stalls on the west side of the building with a landscaped berm to screen the service area of the west side of the building. The plan reduced the parking to 307 improved stalls and involved a restrictive covenant on the proof of parking plan. In 2003, the 11.14 acre Shingle Creek Plaza property, a vacant 2.36 acres lot adjoining to the west, and excess vacated R.O.W. from 69th Avenue realignment were replatted in Wirth Addition:Lot 1, Block 1, 9.8 acres Palmer Lake Plaza (6850, 60, 70 Shingle Creek Pkwy)Lot 2, Block 1, 4.18 acres Holiday Stationstores, Inc. (6890 Shingle Creek Pkwy) On August 13, 2003, the Planning Commission approved Resolution No. 2003-01 which recommended approval of the rezoning of Lots 1 and 2, Block 1, Wirth Addition from I-1 (Industrial Park) to PUD/I-1 (Planned Unit Development/Industrial Park). This recommendation facilitated the development plans for a 43,761 sq. ft. Holiday Stationstore Commissary building on Lot 2, Block 1, Wirth Addition and parking lot modifications (addition of 50 parking stalls) to the Shingle Creek Plaza facility on Lot 1, Block 1, Wirth Addition. On August 25, 2003, the City Council adopted Resolution No. 2003-124 accepting the Planning Commission recommendations. A conversation with the property management indicated that a significant portion (over 80 percent) of the 48,000 sq. ft. office/service center is being leased to non-industrial uses (Brown Institute and the Brooklyn Center Area Learning Center). The consensus of property management was that there was sufficient/excess parking on site and that the proposed church was very compatible with the current and future use of this portion of the building. A public hearing has been scheduled and notices of the Planning Commission’s consideration have been sent to surrounding property owners. RECOMMENDATION It is the opinion of staff that the standards for special use permit and the special criteria for allowing certain non-industrial uses in the I-1 zoning district have been satisfactorily addressed. It is recommended that the application be approved subject to the following conditions: The special use permit is issued for a place of religious assembly and associated uses at this location. No other uses, not comprehended by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. This 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 approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances.