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HomeMy WebLinkAboutPC96006 - 5/16/96 - 5929 Brooklyn BlvdCity of Brooklyn Center Planning Commission Application Application No. l�(_ Please Print Clearly or Type Street Location of Property 5929 Brooklyn Boulevard Legal Description of Property Lot!J, Block 1, CROSS OF GLORY ADDITION, Hennepin County, Minnesota. Owner Cross of Glory Lutheran Church Phone No. 533-7595 Address 5929 Brooklyn Blvd., Brooklyn Center, MN 533-7595 (Merila & Assoc) Applicant Cross of Glory Lutheran Church Phone No. 533-8602 (Church) Address 5929 Brooklyn Blvd., Brooklyn Center, MN 55429 Type of Request: 11 Rezoning 11 Variance Subdivision Approval 11 Other: 11 Special Use Permit 11 Site & Building Plan Approval Description of Request: Subdivide existing lot into five lots consisting of three single family lots one large lot for the church, and nnP niitlot The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing statement, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Fee $ 200.00 Receipt No. Al3plicant's Signature Date: April 25, 1996 PLANNING COMMISSION RECOMMENDATION Dates of P. C. Consideration: y� Approved Denied this day of l 19 , subject to the following conditions: Chairman --------------------------------------------------------------------------- CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this day of 19, with the following amendment: Clerk Planning'Comm19sion Information Sheet Application'No. 96006 Applicant: Cross of Glory Lutheran Church Location: 5929 Brooklyn Boulevard Request: Preliminary Plat The applicant requests Preliminary Plat Approval to subdivide the existing Cross of Glory Lutheran Church lot into five lots consisting of one large lot for the church, three new single family lots and one outlot. The property in question is zoned R-1 and is bounded on the north by Admiral Lane; on the east by Brooklyn Boulevard and C-1 zoned property including the Brookdale West Professional Building (5901 Brooklyn Boulevard) and a non -conforming single family home at 5837 Brooklyn Boulevard: on the south by a single family home at 5830 Drew Avenue North and 58 '/2 Avenue North; on the west by Ewing Avenue including two single family homes at 5916 and 5920 Ewing Avenue North. The church property was replatted in 1990-91 into its current configuration. It's legal description is Lot 2, Block 1, Cross of Glory Addition. The proposed new legal description is Lots 1, 2, 3 and 4, Block 1 and Outlot A, Cross of Glory Second Addition. These lots would have the following characteristics: Lot Width Depth 1 IRREGULAR 2 84' 113.75' 3 93' 113.75' 4 75' 177' Outlot A 57.66' 90.57' (Approx) Area 199,840 sq. ft. (4.587 A) 9,555 sq. ft. (.219 A) 10,579 sq. ft. (.243 A) 13,275 sq. ft. (.305 A) 5,222 sq. ft. (.120 A) Use Church and Parking Lot Single Family Interior Lot Single Family Corner Lot Single Family Interior Lot Unbuildable/Future Sale & Combination Minimum lot requirements for single family residential lots are 75 ft. in width and 9,500 sq. ft. in area for interior lots, and 90 ft. in width and 10,500 sq. ft. in area for corner lots. The outlot is set up for possible sale or conveyance to an adjoining property. It is unbuildable until combined with another property. The new residential lots created face Ewing Avenue and 58 '/z Avenue. Sanitary sewer and water lines are available in both Ewing and 58 '/z Avenues. Storm sewer is also located in 58 '/2 Avenue. Five ft. wide drainage and utility easements should be shown around the side and rear lot lines for the new residential lots and a 10 ft. drainage and utility easement along the front property lines. The creation of the new single family lots abutting the church parking lot will require the need to establish buffer and screening provisions by the church. A minimum 15 ft. greenstrip is required before parking or drive lanes can be established. This area is also to contain a screening device. Evergreen trees are used for screening between the church parking lot and the existing single family residence at 5920 Ewing Avenue. The church will establish a 15 ft. greenstrip along the area where it abuts with the single family lots. They will provide curb and gutter in this area as 5-16-96 Page 1 well., Acceptable screening will also have to be established and should be acknowledged by the Planning Commission. Currently there are drainage problems in the area where the new lots are to be created and an existing lot is located. The church is proposing to tie into existing storm sewer in 58 '/z Avenue to drain this area. The City Engineer will be reviewing this proposal to provide appropriate drainage for this site. The proposed division will not require review by the Shingle Creek Watershed Management Commission. The Cross of Glory Church will be reconfiguring their parking lot because of the creation of the new lots. This will result in the loss of parking, however, this is an area seldom used for church parking. There currently is an existing agreement between the church and the Brookdale West Professional Building to share parking facilities at different times. Even without the shared parking, the church will be able to provide adequate parking for its own purposes. The parking requirement for the 630 seat church is 210 parking spaces (one parking space for every three seats). Even with the reconfigurated parking, they will be able to provide approximately 280 parking spaces. It should be noted that the church is planning an expansion to their existing facility and will be presenting a Site and Building Plan for that proposal to the Planning Commission in the near future. We would still recommend the execution of a performance agreement and financial guarantee as part of the platting process to assure completion of the required buffer, screening and curb and gutter improvements. This could be included in a subsequent performance agreement and financial guarantee if the building plans for the church facility go forward. A public hearing has been scheduled and notice has appeared in the Brooklyn Center Sun/Post. The Preliminary Plat appears to be in order and is recommended for approval subject to at least the following conditions: The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, including the need for a subdivision agreement regarding costs for utility service lines and hook-ups. 3. The applicant shall enter into a performance agreement and provide a financial guarantee (in an amount to be determined) to assure completion of all required buffer, screening and curb and gutter improvements. This performance agreement and financial guarantee shall be posted prior to the release of the final plat for filing with Hennepin County. 5-16-96 Page 2 I °a. ///g IA v I R5 C2 R3 R5 CIA C2 N 02 CEN �— ,21�0 �o 0 ,Boo w '-c 7Odlw- 0 0 a Ilk a3 .: 5=m `L`jNLL t � �; Sm� aV 0 June 21, 1996 Mr. John M. Groettum Cross of Glory Lutheran Church 5929 Brooklyn Blvd Brooklyn Center, MN 55429 Dear Mr. Groettum: This letter is to inform you of the action taken regarding Planning Commission Application No. 96006. Enclosed is an excerpt from the minutes of the Planning Commission meeting (5-16-96) and City Council meeting (5-28-96) pertaining to your application for Preliminary Plat approval submitted by Cross of Glory Church. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW : rsc Enclosures CC: File No. 96006 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 16, 1996 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7:38 p.m. ROLL CALL Chair Tim Willson, Commissioners Donald Booth, Mark Holmes, Dianne Reem, and Graydon Boeck were present. Also present were Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Palm telephoned she is unable to attend this meeting and was excused; however, no word was received from Commissioner Nickelson. APPROVAL OF MINUTES - APRIL 25. 1996 Chair Willson requested that page 4, of the April 25 minutes be amended to read as follows: "Chair Willson noted that recent legislation that would have helped Brookdale Mall with future state funding was vetoed by the governor." There was a motion by Commissioner Booth seconded by Commissioner Holmes to approve the minutes of the April 25, 1996 Planning Commission meeting as amended. The motion passed unanimously. CHAIRPERSON'S EXPLANT ATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 96006 Commissioner Boeck excused himself from consideration of Application No. 96006 at 7:40 p.m. to avoid any possible conflict of interest. He returned at 835 p.m. after discussion concluded and action was taken on the Application, to participate in the remainder of the meeting. Chair Willson introduced Application No. 96006, a request for approval of a preliminary plat from Cross of Glory Lutheran Church to subdivide the existing church lot at 5929 Brooklyn Boulevard into five lots consisting of one large lot for the church, three new single family lots and one outlot. 5-16-96 The Secretary presented the staff report and used overhead transparencies to show the location and preliminary plat subdivision of the Cross of Glory 2nd Addition. (See details in Planning Commission Information Sheet for Application No. 96006 dated 5-16-96 attached.) The Secretary presented the City Engineer's report on the proposed preliminary plat and site plan dated May 15, 1996. The report reviews required drainage and utility easements, grading and catch basin issues, and recommends conditions for final plat approval. The engineer's review included discussion with church representatives and neighbors adjacent to the site. PUBLIC HEARING (APPLICATION NO. 96006) Chair Willson asked for a motion to open the public hearing on the request for preliminary plat approval to subdivide the existing Cross of Glory Lutheran Church lot. There was a motion by Commissioner Holmes seconded by Commissioner Booth to open the public hearing. The motion passed unanimously. Chair Willson opened the public hearing at 8:05 p.m. and invited comments from the public. Mr. Tim vlerila, representing Merila & Associates (consulting engineer for the project), stated he had no further comments to add to the Secretary's presentation, but would answer Commissioners' questions. Commissioner Holmes inquired about the church's plans for future expansion. Mr. Merila explained that this project includes construction of a fellowship hall and internal remodeling to provide additional office space. A separate site and building plan for that proposal will be presented to the Commission in the near future. Chair Willson requested further description of the proposed landscaping and screening. Mr. Merila explained the church's preference for live greenery, detailed the locations of additional evergreen trees and hedge shrubbery planned for the plat. Size of the trees will be at least the minimum required height and planted on -center to provide for growth to produce maximum screening. He noted additional fencing would be used only as a last resort. A new storm sewer, curb and gutter, adequate greenstrip, and berming will be installed. Commissioner Reem complimented the use of evergreen trees and inquired about the chains between the church and the Brookdale West Professional Building. Mr. Merila explained the long-standing agreement between the church and the Professional Building owner for shared use of the existing parking facility for mutually beneficial purposes. Commissioner Booth recommended staggered planting of evergreen trees on the 15' greenstrip to provide maximum screening. Commissioner Holmes inquired about ownership of the existing evergreen trees and fence. Mr. tilerila stated the trees are owned and maintained by the church, however, an existing fence installed by a neighbor encroaches on church property. An agreement between the resident and the church allows the fence to remain and provides procedures for its removal if appropriate. 5-16-96 2 Commissioner Reem inquired whether neighbors' comments have been solicited. Mr. Merila reported that discussions with the city engineer and Messrs. Switzer and Carlson have taken place. Concerns have been resolved and issues, responsibilities, and maintenance clarified. The Commissioners generally accepted the landscaping and screening plans proposed by the applicant. CLOSE PUBLIC HEARING Chair Willson called for further comments from the public. There was a motion by Commissioner Reem seconded by Commissioner Booth to close the public hearing on Application No. 96006, at 8:25 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96006 Chair Willson requested that the City Engineer's recommendations be included in the conditions for approval of the proposed preliminary plat and site plan application. There was a motion by Commissioner Booth seconded by Commissioner Reem to approve Application No. 96006 submitted by the Cross of Glory Lutheran Church, subject to the following conditions: The final plat is subject to review and approval by the City Engineer with the following conditions: - Drainage and utility easements must be provided along all property lines and shown clearly on the preliminary plat. - The applicant must coordinate grading with the property owner at 5920 Ewing and effectiveness of the existing catch basin and adequacy of its capacity be evaluated. - The following must be completed within a time frame established by the City as conditions for final plat approval: a. The proposed Lots 2, 3, 4 shall be removed of pavement surface and turf established. b. The proposed storm sewer shall be installed. A hook-up permit shall be secured with the City prior to connection with the existing storm sewer. C. The applicant shall work and cooperate with neighboring properties to complete grading as proposed on the plan. - The applicant should consider completion of the remaining portions of the parking lot with curb and gutter. - The applicant will be responsible for service connections to the existing sanitary sewer and water main within Ewing Avenue North and 58-1/2 Avenue 'North including Nrestoration of the street surface and base and hookup fees as applicable. 5-16-96 - The proposed site plan will be subject to any additional conditions and requirements of private utilities. - An erosion and sedimentation control plan must be provided prior to final approval. - A standard utility and maintenance agreement with the City will be required as a condition of final approval. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, including the need for a subdivision agreement regarding costs for utility service lines and hook-ups. 3. The applicant shall enter into a performance agreement and provide a financial guarantee (in an amount to be determined) to assure completion of all required buffer, screening and curb and gutter improvements. This performance agreement and financial guarantee shall be posted prior to the release of the final plat for filing with Hennepin County. 4. Required screening along the west property line where the Church parking lot abuts R-1 zoned property may be landscaping consisting of evergreen trees at least six feet high, planted 20 feet on center. Required screening of the parking lot on the south side of 58 1/2Avenue should consist of berming and landscaping 3 '/2 to 4 feet in height. Voting in favor: Chair Willson, Commissioners Booth, Holmes, and Reem. The motion passed unanimously. The Council will consider the recommendation at its May 28 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re -consideration. APPLICATION NO. 96007 Chair Willson introduced Application No. 96007, a request from American Brake Service for a special use permit to operate a facility that specializes in brake service and repair in the former St. Paul Book and Stationary tenant space in the retail center at 5810 Xerxes Avenue North. The Secretary presented the staff report and used overhead transparencies to show the location and preliminary leasehold and site plans. (See details in Planning Commission Information Sheet for Application No. 96007, dated 5-16-96 attached). Mr. Warren pointed out that while the applicant is not contemplating performing under the hood service and oil change service at the present time, the Commissioners may wish to consider approval of adding those services to this application. Commissioner Holmes inquired about the adjacent businesses. Commissioner Reem inquired whether the existing food service business would be detrimentally affected by vehicle emissions. Mr. Warren explained there should be no problem because there is appropriate separation in the building. Commissioner Reem inquired whether there will be hoists, pits, and ramps. Mr. Warren stated hoists 5-16-96 4 Renewal: Michael and Amy Desparios James Shoultz RENTAL DWELLINGS - CONTINUED Renewal: Roland Scherber Hogenson Properties Tracy Rice SIGN HANGER Performance Signs and Display, Inc. TAXICAB Minnesota Taxi #121 Town Taxi, #125 Value Food Market 5301 Dupont Ave. N. 4214 Lakeside Ave. N 7212 Newton Ave. N. 3813 Urban Ave. N. 5836 Xerxes Ave. N. 8616 Xylon Ave. N 7786 Upper 145th Court W . 7000 57th Ave. N. 6804 Humboldt Ave. N. OPEN FORUM No requests were submitted and/or made to utilize the open forum session this evening. ` PANNING COMMISSION APPLICATION N0, 96006 The City Manager offered a preliminary introduction. Councilmember Nichols arrived at the meeting at 7:02 p.m. The Planning & Zoning Specialist provided a presentation using overhead transparencies of the proposed Planning Commission Application No. 96006 being submitted by Cross of Glory Lutheran Church. Subdividing of the plat would be into five lots consisting of three single-family lots, one large lot for the church and one outlot. The Planning Commission recommended approval of this application at its May 16, 1996, meeting. Councilmember Nichols expressed concern about exiting of traffic from the church property following services and inquired whether something was proposed to offer better traffic flow transition into the street. The Planning & Zoning Specialist suggested the church might consider contracting with the City police department for traffic control personnel to help address this concern. 05/28/96 - 4 - r" Mayor Kragness agreed with Councilmember Nichols about an existing problem which could be worsened given deletion of a traffic outlet from the church as a result of the lot subdivision. She referred this issue to the Director of Public Services. The Director of Public Services acknowledged this site has had a large amount of accidents, but that there aren't any good answers at this time. She added it would be beneficial to re -review the site plans once they're submitted. A motion by Councilmember Carmody and seconded by Councilmember Mann to approve Planning Commission Application No. 96006 submitted by Cross of Glory Lutheran Church subject to the following conditions as recommended by the Planning Commission passed unanimously: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, including the need for a subdivision agreement regarding costs for utility service lines and hook-ups. 3. The applicant shall enter into a performance agreement and provide a financial guarantee (in an amount to be determined) to assure completion of all required buffer, screening and curb and gutter improvements.. This performance agreement and financial guarantee shall be posted prior to the release of the final plat for filing with Hennepin County. PLANNING COMMISSION APPLICATION NO. 96007 The Planning & Zoning Specialist provided a presentation using overhead transparencies of the proposed Planning Commission Application No. 96007 being submitted by American Brake Service for a special use permit to operate an auto repair facility and remodel existing space at 5810 Xerxes Avenue for use as an American Brake Service Store. The Planning Commission recommended approval of this application at its May 16, 1996, meeting. Councilmember Hilstrom inquired whether all businesses were notified of the public hearin �� 7 Planning and Zoning Specialist explained all businesses were notified within 350 feet structure as per requirements. Councilmember Hilstrom acknowledged there were no parties present at tonight's mee response to the written notifications sent out and, therefore, inquired about any telephoi received. The Planning and Zoning Specialist responded there were none received. The Planning and Zoning Specialist talked about the seven conditions of approval for the proposed project. 05/28/96 - 5 - cityst bow" COAK uMSUN Sure w a SsrPwt Ssrsdor AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Denis L . M i n d a k , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun -Post , and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws; as amended. (B) The printed Notice of Public Hearing which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Wednesday , the 8 day of M a y , 19 9 6 , and was thereafter printed and published on every to and including , the day of 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz r BY: TITLE: Publisher Acknowledged before me on this 8 day of M a 19 96. Not ry Public MERIDEL M. HEDBLOM NOTAi N PUBLIC - MINNESCTA HENNEPIN COUNTY Lty Connission Expires Jan. 31, 2 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter $ 2.15 per line $ 5.95 per line (3) Rate actually charged for the above matter $ 1.09 per line ON FWFOSU Crrlr OP in Notice is hereby the Planning Commie 7:30 p m. at the Cite Hai consider the propose�d � Cross of (Clary 2nd Addis Lot 2, Block A Hennepin County, This property is 6929 BrooklSaid yn Bowl L. Cross di viding the property family lots, one large Dated: Apri129,1 Ronald A. Warren Planning Commiesir (May 8, 1996)1 to aY to be kn6wn as own: Addition, descn'6ed as tat has been submitted by L four t urpose of eab7 of three single Ari one ovtlat. BRKLYN CTR May 21, 1996 John M. Groettum Cross of Glory Lutheran Church 5929 Brooklyn Blvd Brooklyn Center, MN 55429 Dear Mr. Groettum: Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application No. 96006, submitted for Preliminary Plat approval, at its meeting on Tuesday, May 28, 1996 in the City Hall Council Chambers, 6301 Shingle Creek Parkway. This City Council Meeting begins at 7:00 p.m. and this matter will be considered as soon thereafter as the City Council's agenda will permit. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW :rsc cc: 96006 Merila & Associates, Jim Merila I May 3, 1996 John M. Groettum Cross of Glory Lutheran Church 5929 Brooklyn Blvd Brooklyn Center, MN 55429 Dear Mr. Groettum:, Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No. 96006, submitted for Preliminary Plat, at its meeting on Thursday, May 16, 1996, at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc cc: 96006 96006.1eg 5-8-96 NOTICE OF HEARING ON PROPOSED PRELIMINARY PLAT CITY OF BROOKLYN CENTER Notice is hereby given of a public hearing to be held by the Planning Commission on the 16th day of May, 1996 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider the proposed preliminary plat to be known as Cross of Glory 2nd Addition described as follows: Lot 2, Block 1, Cross of Glory Addition, Hennepin County, Minnesota This property is more commonly described as 5929 Brooklyn Boulevard. Said proposed preliminary plat has been submitted by Cross of Glory Lutheran Church for the purpose of subdividing the property into five lots consisting of three single family lots, one large lot for the church and one outlot. Dated: April 29, 1996 Ronald A. Warren Planning Commission Secretary