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Home My WebLink AboutPC78007 - 2/9/78 - 5901 Brooklyn Blvd0-M-9 PLANNING COMMISSION FILE CHECKLIST File Purge Date: FILE INFORMATION Planning Commission Application Number: 7,6007 PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission -21y178 City Vault Minutes: City Council 211 y7r City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER 02 PLANNING COMMISSION ZONING APPLICATION Application No. Please Print Clearly or Type Street Location of Property 5901 Brooklyn Blvd. and 5940 Ewing Ave. forth Legal Description of Property Owner Boulevard Properties; Cross of Glory Lutheran Church 78007 Address 5901 Brooklyn Blvd., Suite 209 Phone No. 535-3001 5940 Ewing Ave. N. Applicant Richard K. Check (Major Owner, Boulevard Properties, a partnership; and Oral and Maxillofacial Surgeon, Brooklyn Center Address 6120 Brooklyn Blvd., Brooklyn Center Phone No. 566-4880 Type of Request: Rezoning Variance Special Use Permit Subdivision Approval Site & Bldg. Plan Approval Other: Joint Parking Agreement approval Description of Request: Please read introductory letter Fee $ 25.00_ Receipt No. 47640 Dates of P.C. Consideration: ' C Applicant's Signa ure PLANNING COMMISSION RECOMMENDATION e Approved /'�-� Denied this day of t.� 19 %t, subject to the follow- ing cond'H dons: _ Dates of Council Consideration: Approved X Denied amendment: Chairman CITY COUNCIL ACTION this l 3,.t, day of 9 with the following PJI Form No. 18 (over please) Planninq Commission Information Sheet Application No. 78007 Applicant: Dr. Richard Check (and Cross of Glory Lutheran Church) Location: 5901 Brooklyn Boulevard and 5940 Ewing Avenue North Request: Approval of Joint Parking Agreement The City Council, on March 25, 1974, adopted Resolution No. 74-46 approving a joint parking agreement between the then owner of the Brookdale West office building and the Cross of Glory Lutheran Church, according to the provisions of Section 35-720 of the Zoning Ordinance. The joint parking agreement which was approved compre- hended the use by the office building of adjacent church property to the west of the office building for additional parking. The 19 parking spaces which were realized from the use of the church parking lot enabled the then owner to accommodate a certain amount of medical uses in the building. This building was built in the late 1960's and was approved as being in compliance with the ordinance standards for a strictly office use building with no medical uses comprehended. The.developer then maximized the size of the building on the site in relation to the parking formulas for office use. Subsequent ownerships had inquired about medical uses and were informed that additional parking would be required since there is a different ratio for such uses. The present applicant recently acquired the building and, in addition to his own medical practice, is interested in providing more medical use space in the building than originally provided in the 1974 joint parking agreement. The parking need, as represented by the proposed medical tenancies, results in an additional 19 spaces required. We have met with the applicant and church officials to review the overall site plan of the area, and this has resulted in the development of a proposal whereby all of the joint parking would be in the east church parking lot which is directly north of the office. Upon approval of the joint parking agreement and the satisfaction of the various requirements, the 1974 approved additional parking west of the office building would not be necessary since the total parking spaces in the new proposed area is 38. The proposed plan comprehends a connection between the office building and the church at an existing church curb cut north of the office building, thereby tieing in the available extra parking with the existing office building parking. The plan also comprehends the elimination of the screen fencing and greenstrip on the north side of the office building which would be converted to parking spaces. The plan also comprehends the installation of removable chain "gates" in two areas of the church parking lot which would allow this additional parking to be isolated from the rest of the church parking facilities during the week when the office building, and not the church, would be using this lot. During evenings and on weekends when the church uses the lot, the chain "gates" could be removed thereby opening up the parking for church use. The proposal has merit in several respects besides accommodating the applicant's need for additional parking. The site improvements and the gate provisions would orient the additional parking for office building purposes toward Brooklyn Boulevard; it would eliminate the need for office use of the parking to the west on the church property thereby diminishing any concerns from neighbors to the west that traffic may be increased in that west area by office employees or patrons; and through the tie-in of the church site with the office building site a better traffic flow for ingress and egress onto Brooklyn Boulevard is provided. 2-9-78 ' 'Application No. 78007 Section 35-720 provides that the City Council may approve joint use of common parking facilities subject to the following: 1. The building for use for which application is made to utilize the off-street parking facilities provided by another building or use shall be located within 800 ft. of and contiguous to such parking facilities. 2. The applicant shall show, and the City Council must determine, that there is not substantial conflict in the principal operating hours and parking demands of the two buildings are uses contemplating joint use of off-street parking facilities. 3. A properly drawn legal instrument for joint use of off-street parking facilities, duly approved by the City Council as to form and manner of execution, shall be filed as an easement encumbrance upon the title of the property. One item which was raised at the last City Council meeting by a citizen who lives in this area is a matter of the use of tax-exempt property by a commercial non- exempt property. We have researched this matter in conjunction with the City Assessor and find that the law requires that the property involved in the joint parking agreement is subject to assessment and taxation. Both the applicant and the church officials are aware of this,and we would presume that part of the negotiations between the parties would involve the payment of those taxes. It was also suggested at the Council meeting by the citizen that there was a deficiency in parking for the office building. This is not entirely accurate since the building, as an office building only,does have adequate parking. The need for the joint parking is generated by the desire of the building owner to incorporate medical uses which are subject to a higher parking ratio than office only uses. We will be prepared to discuss this matter in further detail, and we recommend approval of the application subject to the following conditions: 1. The agreement shall be subject to review and approval by the City Attorney as to content and form, and it shall be filed as an easement encumbrance upon the title to the church property provided for in Section 35-720. 2. Use of said additional parking shall be authorized upon completion of certain site improvements as indicated on approved site plans and a Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of those site improvements. 3. The extent to which facilities in said office building are permitted for medical or dental uses shall be limited to the amount of additional parking which is available through the provisions of an approved joint parking agreement. 2-9-78 -JOWA apfcove8 lq� Church PV-0 P A rem 71 U Ol C T ',RIC rl 2 Apr1lcot'on No I— t007 I