Loading...
HomeMy WebLinkAbout2021-08-12 PCPPLANNING COMMISSION CITY OF BROOKLYN CENTER VIRTUAL MEETING AUGUST 12, 2021 Per City Council action on August 9, 2021 (Resolution No. 2021-95, Extending a Mayoral Declaration of a Local Emergency), this virtual meeting being conducted by electronic means in accordance with Minnesota Statutes, section 13D.021. Public may access the Webex meeting: Online: logis.webex.com | Phone: (312) 535-8110 Meeting Number (Access Code): 177 458 7533 1. Call to Order – 7 p.m. 2. Roll Call 3. Approval of Agenda a. Motion to Approve Planning Commission Meeting Agenda for August 12, 2021 4. Approval of Minutes a. None – Moved to September 9, 2021 Regular Meeting 5. Chairperson's Explanation The Planning Commission is 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. 6. Planning Items a. Planning Commission Application No. 2021-003 (PUBLIC HEARING) Applicant: Evangelical Lutheran Church of the Master Project Location: 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North Summary: The Applicant is requesting review of a proposal to re-plat approximately 6.69 acres of property located at the northwest corner of 69th Avenue North and Dupont Avenue North, which would allow for the sale of an existing seven-unit apartment building on approximately 0.47 acres. The request also requires approval of certain re-zoning, an amendment to the Planned Unit Development, and issuance of a Special Use Permit to allow for the continuation of certain church/ancillary uses. A Comprehensive Plan Amendment shall be requested to reflect the updated zoning and separation of the apartment building from its association with the adjacent church and future land use designation as an institutional use. 7. Discussion Items a. Availability for Joint Planning and Housing Commission Work Sessions b. September 9th Planning Commission Meeting 8. Adjournment App. No. 2021-003 PC 08/12/2021 Page 1 Planning Commission Report Meeting Date: August 12, 2021 Application No. 2021-003 Applicant: Evangelical Lutheran Church of the Master Location: 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North Requests: (1) Preliminary and Final Plat for the 69th Avenue North Addition, (2) PUD Amendment, (3) Special Use Permit, (4) Rezoning, and (5) Comprehensive Plan Amendment REQUESTED ACTION Evangelical Lutheran Church of the Master (“The Applicant”) is requesting review and consideration for approval of a preliminary and final plat, re-zoning, Planned Unit Development (PUD) amendment, and Special Use Permit. The Applicant is also requesting the recommended approval of a comprehensive plan amendment that would amend the 2040 future land use designation of the standalone seven-unit apartment building located at 1100 69th Avenue North, which is intended for sale, from its current designation of “Public/Semi-Public and Institutional” to “Medium Density Residential (5.01-15 Dwelling Units per Acre).” The properties under consideration within this report are all currently owned by the Evangelical Lutheran Church of the Master and encompass the following addresses: 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North. Refer to Exhibit A. The Applicant originally submitted an application (Planning Commission Application No. 2021-001) for consideration back in June 2021; however, following City staff review of the requests and past City approvals, it was determined that additional time and information was required before the Applicant could proceed with the request and the Applicant requested a formal application withdrawal on June 8, 2021. Due to the nature of the requests, a public hearing is required. A public notice was published in the Brooklyn Center Sun Post on July 29th, 2021 (Exhibit B). As mail notifications had been previously delivered to those properties within proximity to the Subject Property as part of the first public notification under Planning Commission Application No. 2021-001, a second mail notification was mailed to residents with additional information regarding the Applicant’s withdrawal of the first application and a re-notice for the new application. Given that a Mayoral Declaration of a Local Emergency was passed by City Council on August 9, 2021 under City Council Resolution No. 2021-95 and after public notice had already been made in the newspaper and by mail, City staff dropped off flyers to each of the properties within the notification area as the meeting changed from in-person to virtual as per the provisions of Minnesota State Statute 13D.021. • Application Filed: 7/13/2021 • Review Period (60-day) Deadline: 9/10/2021 • Extension Declared: N/A • Extended Review Period Deadline: N/A App. No. 2021-003 PC 08/12/2021 Page 2 COMPREHENSIVE PLAN AND ZONING STANDARDS Map 1. Existing Configuration of Subject Property 2040 Future Land Use Plan: Public/Semi-Public/Institutional Neighborhood: Evergreen Current Zoning: PUD/R1 (One Family Residence) District, R-4 (Multiple Family Residence) District* – Refer to comments in Re-zoning Section below. Surrounding Zoning: North: R1 (One Family Residence) District East: R1 (One Family Residence) District (Evergreen Park) South: R1 (One Family Residence) District West: R5 (Multi Family Residence) District Site Area: 6.69 total acres – re-plat of approximately 0.47 acres (Lot 2, Block 1, 69th Avenue North Addition) 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North (Lutheran Church of the Master) App. No. 2021-003 PC 08/12/2021 Page 3 BACKGROUND Image 1. Existing Configuration of Subject Property and 1971 Configuration of Subject Property Lutheran Church of the Master was originally constructed in 1961 and was approved for an addition in 1966 (Planning Commission Application No. 66018). In 1973, a Special Use Permit was issued for the church property at 1200 69th Avenue North to operate a nursery school (Planning Commission Application No. 73044). In 1980, the Applicant received approval for a 9,000-square foot fellowship hall and administrative office addition to 1200 69th Avenue North under Planning Commission Application No. 80025. It was noted under this application that the church was zoned R-1 and that churches are a special use within the R-1 District. As a condition of the approvals under this application, the Applicant was required to plat the then un- platted church property to comply with the City’s Subdivision Ordinance. There is record of this step taking place with record of Planning Commission Application No. 80044, which approved a preliminary plat. In 1994 (Planning Commission Application No. 94003), the Applicant received approval to combine the church property located at 1200 69th Avenue North and a single family residential lot (formerly known as 1120 69th Avenue North), which allowed for an expansion to the church’s south parking lot off 69th Avenue North. In 1994, Evangelical Lutheran Church of the Master (“the Applicant”) submitted Planning Commission Application No. 94009 to request a re-zoning of the Subject Property (1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North) from their respective R1 (One Family Residence) and R4 (Multiple Family Residence) District zoning designations to PUD/R1 (Planned Unit Development/One Family Residence District). This was to allow for what would ultimately become a church campus. The subsequently approved City Council Resolution No. 94-244 (Resolution Regarding Disposition of Planning Commission Application No. 94009 Submitted by the Evangelical Lutheran Church of the Master) outlined conditions and considerations relating to each of the buildings falling within the identified PUD and their outlined usage and operations. The associated Planning Commission report, dated September 15th, 1994, states, “The Applicant is requesting rezoning and plan approval, through the Planned Unit Development process, to incorporate three apartment buildings located immediately east of the Lutheran Church of the Master into a full church use over a phased, or staged, period of time. The rezoning proposal is for a PUD/R-1 designation to include the church property, addressed 1200 69th Avenue North, and the three apartment buildings App. No. 2021-003 PC 08/12/2021 Page 4 east of the church currently addressed as 1107 Emerson Lane, 1100 69th Avenue North, and 6907 Dupont Avenue North (Exhibit C).” The PUD/R1 zoning designation was intended to allow the incorporation and use of the apartment buildings by the church over time, in a manner consistent with the City’s Zoning Ordinance. Church uses are permitted as a special use in the R-1 (One Family Residence) Zoning District, but are not a permitted use in the R-4 (Multiple Family Residence) Zoning District. The church acquired the three, seven-unit apartment buildings at the above stated addresses with the intent of phasing each building into an extension of church uses including a teaching facility for the children of the church, large group meeting space, and the church’s global mission center, which would retain apartment units for use of missionary families. The ultimate conversion of all three apartment buildings into church use was scheduled to be completed by 1998. The recommended approval was subject to the execution of a development agreement between the City and the Applicant, outlining the phasing of the proposal, including when planning, watershed approval, and a presentation of plan sets would have to be accomplished. This was included in the conditions of approval found City Council Resolution No. 94-244. City staff is in possession of an executed Development Agreement between the City and Evangelical Lutheran Church of the Master which was executed on November 21st, 1994, and a Declaration of Covenants and Restrictions dated September 24, 1998. Under Paragraph 2.3, the Development Agreement states, “No building permits or certificates of occupancy for church uses of Phase II or Phase III Properties will be issued by the City until all of the following conditions have been met: A. The City has approved for the unified development of the Chazin Property and the Church property a site plan, floor, plan, landscaping plan, drainage and utility plan, and all of the requirements of the development plan set forth in city code Section 35-355, subd. 5, preliminary and final plat approval, and the issuance of a special use permit for church uses. B. The City and the Developer have executed a final development and PUD agreement for the Chazin and Church Properties.” Per Exhibit D (Development Agreement), Image 2. Excerpt of Development Agreement on file (Planning Commission Application No. 94009) Although City staff has record of a preliminary and final plat being reviewed and approved in late 1998 (Exhibit D), the Applicant appears to have not completed the final plat recording process or special use permit requirements as outlined in the Development Agreement. Additionally, a final development App. No. 2021-003 PC 08/12/2021 Page 5 agreement and formal PUD agreement was never executed. Although not reflected in the City’s current zoning map, this failure to satisfy the requirements of the Development Agreement means that the properties at 1107 Emerson Lane, 6907 Dupont Avenue North, and 1100 69th Avenue North have all reverted back to their original R-4 District zoning designation. Additionally, the Church’s PUD agreement must be amended and restated to reflect the current application requests. In order for the Applicant to proceed with any future sale of the 1100 69th Avenue North apartment building, a preliminary and final plat shall ultimately be approved by City Council, and the final plat recorded with Hennepin County. PRELIMINARY AND FINAL PLAT As stated previously, a request to approve a preliminary plat reflecting the combination of the main church property (1200 69th Avenue North) and the three former apartment buildings acquired (1107 Emerson Lane, 6907 Dupont Avenue North, and 1100 69th Avenue North) was brought forward and approved by the Planning Commission in 1998 under Planning Commission Application No. City records further note approval of a final plat (City Council Resolution No. 98-185); however, for reasons unknown, it appears that the final plat/mylar were never recorded and Hennepin County records and mapping does not reflect what was to be “Evangelical Church of the Master 3rd Addition.” City Code Section 35-540 (Combination of Land Parcels) outlines that, “multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which are under common ownership shall be combined into a single parcel through platting or registered land survey.” It is the intent of the Applicant to retain to the two north buildings (1107 Emerson Lane and 6907 Dupont Avenue North), which are connected by a series of two breezeways to the main church building at 1200 69th Avenue North 1200 69th Avenue North (main church property. Given the direction and intent to sell 1100 69th Avenue North, which is a standalone apartment building, the proposed preliminary and plat identifies the creation of a separate lot (Lot 2) for this property. The Applicant intents to re-stripe the parking lot as needed to provide the minimum two (2) parking spaces per dwelling unit. As two (2) existing parking spaces will remain with the larger combined parcel (Lot 1), a cross access agreement will be required to address the access and parking off of Dupont Avenue North. The two main parking lots at 1200 69th Avenue North provide ample parking for the inclusion of the buildings at 1107 Emerson Lane and 6907 Dupont Avenue North to meet parking requirements. Engineering Review Assistant City Engineer Andrew Hogg conducted a review of the application submittal and documentation. Comments regarding this application can be found in the memorandum to City staff and dated August 6, 2021, and hereto attached Exhibit E. It is noted within the memorandum that a 10 foot drainage and utility easement must be dedicated on the plat around the entire perimeter of the site. A cross access agreement for access off of Dupont Avenue shall also be provided. The Applicant will also need to provide a current certificate of title or title commitment to the City Planner and City Attorney for review. App. No. 2021-003 PC 08/12/2021 Page 6 As a final note, City staff discussed the placement of the northerly lot line of proposed Lot 2 (1100 69th Avenue North) and is requesting it be shifted slightly more north and centered along the drive aisle. It should be noted that as this lot sits at the upper threshold of density under the 2040 Comprehensive Plan future land use designation of “Medium Density Residential,” the Applicant will need to work with City staff to ensure proposed Lot 2 does not alter the acreage enough to move proposed Lot 2 into the “High Density Residential” future land use designation under the 2040 Comprehensive Plan. Fire Inspection/Building Review City Fire Inspector Brandon Gautsch and City Building Official Dan Grinsteinner also conducted a review of the application submittal and documentation. Per Building Official Grinsteinner, the entrance to the standalone apartment building located at 1100 69th Avenue North shall be modified to provide an accessible route to an entrance that is compliance with ADA standards, and an ADA parking and loading space provided. It was noted during communication with Fire Inspector Gautsch that Subject Property may be connected to the fire alarm system of the other Lutheran Church of the Master properties. Recent meetings regarding the fire alarm system have been cancelled due to COVID; however pending approval of the applications, a review of the existing fire alarm system would be recommended. RE-ZONING As previously mentioned, the Applicant intends to sell the proposed re-platted property at 1107 69th Avenue North (proposed Lot 2), requiring a PUD Amendment to remove the property from the existing Lutheran Church of the Master PUD, as well as a rezoning of the church properties located at 1107 Emerson Lane and 6907 Dupont Avenue North back to the originally approved PUD/R1. The property located at 1100 69th Avenue North would remain zoned R-4 (Multiple Family Residence) District, as per the Development Agreement on file, these properties “would revert automatically, and without further action by City Council, to R-4,” if the Developer failed to satisfy all requirements under Paragraph 2.3 no later than January 1, 1999. The use of the proposed Lot 1, which contains the church buildings (1200 6th Avenue North, 1107 Emerson Lane, and 6907 Dupont Avenue North) would continue its operation as a variety of church and ancillary church uses (i.e. assembly/gathering space, Sunday school classrooms, church offices, four apartments within 6907 Dupont Avenue North for use strictly by employees, former employees, or members of the church). Church uses are not a permitted use in the R-4 zoning District. Given that the intent is to continue usage of the two breezeway connected buildings for ancillary church uses, their physical connection to the main church building, their intent to be combined with the main church building into one lot, and the longstanding history of church use at this location, City staff is supportive of the request to re-zone the two breezeway connected buildings located at 1107 Emerson Lane and 6907 Dupont Avenue North, along with the main church property located at 1200 69th Avenue North, as Planned Unit Development/Single Family Residence (PUD/R-1) District. In the case of the standalone apartment building located at 1100 69th Avenue North, which is intended for sale, City staff reviewed the property and its original City approval (and which also contemplated approval of the buildings at 1107 Emerson Lane and 6907 Dupont Avenue North) under Planning Commission Application No. 62057. Said approval was for the construction of the aforementioned three apartment App. No. 2021-003 PC 08/12/2021 Page 7 buildings (7 units per building), and a re-plat of Block 2, Brookdale Manor Addition. It also provided issuance of a Special Use Permit as relating to Section VI, Paragraph 1, Northeast neighborhood development guide approved by Planning Commission on December 4, 1961. City staff was unable to find any record of said guide. Per discussion with City Attorney, and given that 1100 69th Avenue North, nor the other two former apartment buildings located at 1107 Emerson Lane or 6907 Dupont Avenue North would have met the land area requirements outlined for an R-4 District property under Section 35-400 (Table of Minimum District Requirements), it is assumed that 1100 69th Avenue North would be able to maintain a legal, non-conforming status. Pending any sale of the property, the property can continue as a multi-family residential use; however, no expansion would be permitted. City staff is supportive of the request that the property located at 1100 69th Avenue North (proposed Lot 2) continue under its since reverted zoning designation of R-4 (Multiple Family Residence) District, and recommends that the properties located at 1107 Emerson Lane and 6907 Dupont Avenue North be re- zoned back to their previously approved PUD/R1, along with the main church property located at 1200 69th Avenue North. AMENDMENT TO PLANNED UNIT DEVELOPMENT The Applicant is seeking a PUD Amendment to remove the proposed subdivided property at 1100 69th Avenue North from the Lutheran Church of the Master PUD, as the intent is to separate the standalone seven-unit apartment at 1100 69th Avenue North from the remaining church campus and its uses. The Applicant intends to sell the aforementioned property, which is the drive behind the requests outlined in this report. In 1994, under Planning Commission Application No. 94009, the Subject Property received approval to re-zone the properties at 1107 Emerson Lane, 6907 Dupont Avenue North, and 1100 69th Avenue North from R-4 (Multiple Family Residence) District to PUD/R1 (Planned Unit Development/Single Family Residence) District to create a PUD with the adjacent existing Lutheran Church of the Master property at 1200 69th Avenue North. Planning Commission Application No. 94009 was approved by City Council under Resolution No. 94-244. At that time, the church had acquired the three apartment buildings to the east of their facility and intended to incorporate various uses related to church throughout these buildings over the course of three phases. The 1994 approval was the first phase, comprehending the use of the apartment building at 1107 Emerson Lane as a teaching facility for the church. The PUD was amended in 1998 under Planning Commission Application No. 98012. The amendment addressed the properties at 1100 69th Avenue North and 6907 Dupont Avenue considered Phase II and Phase III of the Applicant’s original proposed development plan. With the amendment, the Applicant was able to proceed with Phase II, with 6907 Dupont Avenue North comprehending the use of a large group meeting facility, including a small prayer chapel. The amendment also approved the Applicant’s request to proceed with Phase III, allowing 1100 69th Avenue North to serve has a home for missionaries on leave, and did not include any physical modifications to the building. The Applicant’s current proposed amendment would remove the property at 1100 69th Avenue North from the PUD, as this property, for all intents and purposes, has reverted back to its original R-4 District zoning designation and original use as a multi-family apartment building given that the conditions outlined in the Development Agreement on file (and referenced under City Council Resolution No. 94- 244), and specifically the recording of the re-plat, was not executed. App. No. 2021-003 PC 08/12/2021 Page 8 Furthermore, as the Development Agreement noted that the zoning of Phase I (1107 Emerson Lane) and Phase II (6907 Dupont Avenue North) “would revert automatically, and without further action by City Council, to R-4,” if the Developer failed to satisfy all requirements under Paragraph 2.3 no later than January 1, 1999, it should be re-iterated that the request would be to ensure the two aforementioned properties, along with the main church property (1200 69th Avenue North) continue under the zoning designation of Planned Unit Development/Single Family Residence District (PUD/R-1), as originally intended, and in particular as the Applicant has long operated, and intends to continue operating the main church property and two breezeway connected buildings as a church campus. As Section 35-355 (Planned Unit Development) outlines the intent of a PUD as promoting flexibility in land development, and accommodate the multi-building needs of the campus, City staff is supportive of the Applicant’s intent to continue with the PUD zoning designation given both the site configuration and use so long as all conditions are addressed. SPECIAL USE PERMIT As stated in the Background section of this report, church uses are not a permitted use in R-4 District and are only allowed through issuance of a Special Use Permit in the R-1 District. Section 35-220 (Special Use Permit) outlines the procedures and standards for issuance of Special Use Permits and how they are reviewed. Throughout the church’s history at its current location (1200 69th Avenue North) and its acquisitions of the adjacent properties (1107 Emerson Lane, 6907 Dupont Avenue North) there have been various Special Use Permits applied for and approved for a variety of uses, including: a nursery school, daycare, Sunday school, and preschool uses within the main church property and (once acquired) the building at 1107 Emerson Lane. The church has consistently maintained its church uses throughout its existence at its location, both as a church, gathering space, day care, and teaching facility, and continues to do so today. Refer to Exhibit F. Per the Applicant, and in addition to the primary church use, the buildings located at 1200 69th Avenue North, 1107 Emerson Lane, and 6907 Dupont Avenue North are currently used for the following purposes: assembly/gathering spaces, Sunday school classrooms, church offices. In addition, the church campus has also maintained a series of four (4) apartment units within the Phase II portion of the development, also known as 6907 Dupont Avenue North, for use by employees, former employees, or members of the church. The Applicant clarified that these four apartment units were not intended for lease by the general public. Although this use appears to have long been utilized, there shall be no increase to the number of apartment units. When reviewed against the SUP criteria spelled out in City Code Section 35-220, the maintenance of the special use of church uses meet all the standards required of Special Use Permits. As the Development Agreement signed in 1994 lists approval of a Special Use Permit for the church uses within the three phase development as a condition of approval and development, and as the re-plat did not occur, the condition was not met by the January 1st, 1999 deadline stated in the Development Agreement, and therefore the re-issuance of a Special Use Permit must be completed in conjunction with the other requests by the Applicant, to continue the uses as initially spelled out in the prior approvals. The Applicant has indicated no plans to introduce other uses to the church and two breezeway-connected buildings. COMPREHENSIVE PLAN AMENDMENT App. No. 2021-003 PC 08/12/2021 Page 9 A comprehensive plan amendment is required anytime a community changes any part of a municipality’s adopted comprehensive plan, including, but not limited to: • Changes resulting from neighborhood or small area planning activities • Land use changes to allow a proposed development • Proposed forecast changes to proposed MUSA (Metropolitan Urban Service Area) changes in service or staging • Text changes to revise a policy or land use category • Routine updates to incorporate new information or update a public facilities agreement These requests are ultimately submitted to the Metropolitan Council for review and final approval; however, they require a recommendation from the local planning body, and local governing body authorization for the amendment. In certain cases, an adjacent jurisdictional review is also required to allow for other affected municipalities and districts to weigh in on any potential impacts. Map 2. 2040 Future Land Use Plan and Subject Property (highlighted in red). A Comprehensive Plan Amendment is requested to reflect the zoning and separation of the standalone apartment building located at 1100 69th Avenue north, and to be known as Lot 2, Block 1 of the 69th Avenue North Addition, from its association with the adjacent church, and future land use designation as an institutional use. Currently, the Subject Property is guided as “Public/Semi-Public/Institutional” in the City’s 2040 Comprehensive Plan. The request is to amend its designation to Medium Density-Residential (5.01-15 DU/Acre). This would also be a reflection of the above-mentioned request to re-zone the standalone apartment building back to its original R4 (Multiple Family Residence) District, which was its original zoning designation. Per City staff review, there are no proposed alterations that would result in new impacts on other regional systems such as transportation, wastewater, or regional parks. It is to City staff’s understanding that this property has been home to a seven-unit apartment building and continued this use since its construction in the mid-1960s. Pending a recommended approval from the City Council, City staff would need to submit the App. No. 2021-003 PC 08/12/2021 Page 10 comprehensive plan amendment request for the property located at 1100 69th Avenue North for review and consideration by the Metropolitan Council. City staff recommends that the property’s future land use designation be amended to “Medium Density Residential (5.01-15 DU/Acre).” APPROVAL CONDITIONS City staff recommends the following conditions be attached to any positive recommendation on the approval of Planning Commission Application No. PC2021-003 for the Preliminary & Final Plat for the 69th Avenue North Addition; PUD Amendment, Re-zoning, Special Use Permit, and the recommendation for approval of a Comprehensive Plan Amendment for certain property generally located at the northwest corner of 69th Avenue North and Dupont Avenue North: 1. Any significant changes or modifications made to these requests can only be made by an amendment and as approved by the City Council. 2. Modification of an entrance to 1100 69th Avenue North to meet minimum ADA requirements and the provision of minimum ADA parking is required prior to any sale. 3. The Applicant shall meet with City Fire Inspector regarding a review of the existing fire alarm systems on the Subject Property and other Lutheran Church of the Master Properties. 4. The Applicant shall enter into a new Development Agreement with the City that reflects these and any future approvals. The Development Agreement must be recorded with the plat at Hennepin County. 5. An amended and restated PUD agreement shall be entered into with the City and recorded with the plat at Hennepin County. 6. A cross access agreement shall be entered into for the drive access off Dupont Avenue North, which provides the only access to 1100 69th Avenue North (Lot 2, Block 1, 69th Avenue North Addition) and secondary access to the two buildings located at 1107 Emerson Lane and 6907 Dupont Avenue North. 7. Approval of the preliminary and final plat for 69th Ave North Addition are contingent upon the addressing of comments by Assistant City Engineer Hogg in his memorandum dated August 6, 2021, and the vacation of easement through separate City approval. Furthermore: a. The Applicant shall work with City staff to adjust the northerly lot line of proposed Lot 2 (1100 69th Avenue North). b. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). c. Any comments and/or requirements as provided by Hennepin County. d. Any comments and/or requirements from the City Attorney’s office, and specifically regarding updated title evidence. e. The successful record of said plat (mylar) with Hennepin County. RECCOMENDATION Based on the above-noted findings and conditions, City staff recommends: The Planning Commission recommends City Council approval of the requested Preliminary & Final Plat for the 69th Avenue North Addition; PUD Amendment, Re-zoning, and issuance of a Special Use Permit for the aforementioned uses as outlined in the Approval Conditions. It is also recommended that the requested Comprehensive Plan Amendment be recommended for City Council approval for the property located at 1100 69th Avenue North, subject to the Applicant complying with the Approval Conditions as outlined in the August 12, 2021 Planning Commission Report and related resolution, and subject to final approval by the Metropolitan Council for the requested Comprehensive Plan Amendment. App. No. 2021-003 PC 08/12/2021 Page 11 Attachments Exhibit A – Planning Commission Application No. 2021-003 and documentation, submitted by Evangelical Lutheran Church of the Master, and dated July 13, 2021. Exhibit B – Public Hearing Notice, dated July 29, 2021, as published in the Brooklyn Center Sun Post, updated Public Hearing Notice and one page informational flyer to reflect the change of meeting venue. Exhibit C – Planning Commission Application No. 94009 and City Council Resolution No. 94-244. Exhibit D – Planning Commission Application No. 98013 for Preliminary Plat approval and City Council Resolution No. 98-185 for Final Plat Approval. Exhibit E – Memorandum and Exhibits, prepared by Assistant City Engineer Andrew Hogg, dated August 6, 2021. Exhibit F – Planning Commission Special Use Permit Applications for church uses (Planning Commission Application Nos. 73044, 83038, 94008). E m e r s o n L a n e Dupont Avenue 6 9 t h A v e n u e 6 9 t h A v e n u e 70th A v e n u e Emerson Avenue North P R E L I M I N A R Y P L A T 6 9 T H A V E N U E N O R T H A D D I T I O N L O T 1 B L O C K 1 L O T 2 # 4 2 3 7 9 L I C E N S E N O . T h o m a s M . B l o o m D A T E : D A T E D R A F T E D : C L I E N T N A M E / J O B A D D R E S S S H E E T T I T L E S H E E T N U M B E R S H E E T 1 O F 1 S 1 P R E L I M I N A R Y P L A T J U L Y 8 , 2 0 2 1 J U L Y 7 , 2 0 2 1 M i n n e t o n k a , M i n n e s o t a 5 5 3 4 5 P h o n e ( 9 5 2 ) 4 7 4 - 7 9 6 4 1 7 9 1 7 H i g h w a y 7 W e b : w w w . a d v s u r . c o m A d v a n c e S u r v e y i n g & E n g i n e e r i n g , C o . D R A W I N G O R I E N T A T I O N & S C A L E 2 1 1 2 6 2 T B J U L Y 8 , 2 0 2 1 D R A W I N G N U M B E R D A T E S U R V E Y E D : 6 0 3 0 0 S H E E T S I Z E 2 2 X 3 4 S C A L E - 1 " = 3 0 ' LEGEND L E G A L D E S C R I P T I O N : L o t s 1 , 2 a n d 3 , B l o c k 1 , B R O O K D A L E M A N O R 2 N D A D D I T I O N , H e n n e p i n C o u n t y , M i n n e s o t a . A N D L o t 1 , B l o c k 1 , E V A N G E L I C A L L U T H E R A N C H U R C H O F T H E M A S T E R 2 N D A D D I T I O N , H e n n e p i n C o u n t y , M i n n e s o t a . S C O P E O F W O R K & L I M I T A T I O N S : 1 . S h o w i n g t h e l e n g t h a n d d i r e c t i o n o f b o u n d a r y l i n e s o f t h e l e g a l d e s c r i p t i o n l i s t e d a b o v e . T h e s c o p e o f o u r s e r v i c e s d o e s n o t i n c l u d e d e t e r m i n i n g w h a t y o u o w n , w h i c h i s a l e g a l m a t t e r . P l e a s e c h e c k t h e l e g a l d e s c r i p t i o n w i t h y o u r r e c o r d s o r c o n s u l t w i t h c o m p e t e n t l e g a l c o u n s e l , i f n e c e s s a r y , t o m a k e s u r e t h a t i t i s c o r r e c t a n d t h a t a n y m a t t e r s o f r e c o r d , s u c h a s e a s e m e n t s , t h a t y o u w i s h t o b e i n c l u d e d o n t h e s u r v e y h a v e b e e n s h o w n . 2 . S h o w i n g t h e l o c a t i o n o f o b s e r v e d e x i s t i n g i m p r o v e m e n t s w e d e e m n e c e s s a r y f o r t h e s u r v e y . 3 . S e t t i n g s u r v e y m a r k e r s o r v e r i f y i n g e x i s t i n g s u r v e y m a r k e r s t o e s t a b l i s h t h e c o r n e r s o f t h e p r o p e r t y . 4 . T h i s s u r v e y h a s b e e n c o m p l e t e d w i t h o u t t h e b e n e f i t o f a c u r r e n t t i t l e c o m m i t m e n t . T h e r e m a y b e e x i s t i n g e a s e m e n t s o r o t h e r e n c u m b r a n c e s t h a t w o u l d b e r e v e a l e d b y a c u r r e n t t i t l e c o m m i t m e n t . T h e r e f o r e , t h i s s u r v e y d o e s n o t p u r p o r t t o s h o w a n y e a s e m e n t s o r e n c u m b r a n c e s o t h e r t h a n t h e o n e s s h o w n h e r e o n . 5 . N o t e t h a t a l l b u i l d i n g d i m e n s i o n s a n d b u i l d i n g t i e d i m e n s i o n s t o t h e p r o p e r t y l i n e s , a r e t a k e n f r o m t h e s i d i n g a n d o r s t u c c o o f t h e b u i l d i n g . 6 . W e s h o w a p r o p o s e d d i v i s i o n o f t h e p r o p e r t y . P l e a s e r e v i e w t h e p r o p o s a l t o s e e t h a t i t i s w h a t y o u i n t e n d a n d s u b m i t t o t h o s e g o v e r n m e n t a l a g e n c i e s t h a t h a v e j u r i s d i c t i o n t o o b t a i n t h e i r a p p r o v a l s , i f y o u c a n , b e f o r e m a k i n g a n y d e c i s i o n s r e g a r d i n g t h e p r o p e r t y . S T A N D A R D S Y M B O L S & C O N V E N T I O N S : " ● " D e n o t e s i r o n s u r v e y m a r k e r , s e t , u n l e s s o t h e r w i s e n o t e d . L U T H E R A N 1 1 0 7 E M E R S O N L A N E B R O O K L Y N C E N T E R , M N C H U R C H O F T H E M A S T E R 1 2 0 0 6 9 t h A V E E x h i b i t A E m e r s o n L a n e Dupont Avenue 6 9 t h A v e n u e 6 9 t h A v e n u e Emerson Avenue North E X H I B I T L O T 1 B L O C K 1 L O T 2 L E G A L D E S C R I P T I O N O F V A C A T E D D R A I N A G E A N D U T I L I T Y E A S E M E N T : T h a t p a r t o f L o t 1 , B l o c k 1 , E V A N G E L I C A L L U T H E R A N C H U R C H O F T H E M A S T E R 2 N D A D D I T I O N , H e n n e p i n C o u n t y , M i n n e s o t a , d e s c r i b e d a s f o l l o w s : C o m m e n c i n g a t t h e s o u t h e a s t c o r n e r o f s a i d L o t 1 ; t h e n c e n o r t h e r l y a l o n g t h e e a s t e r l y l i n e o f s a i d L o t 1 , a d i s t a n c e o f 1 4 2 . 9 9 f e e t , m o r e o r l e s s , t o a c o r n e r o f s a i d L o t 1 ; t h e n c e w e s t e r l y a l o n g t h e n o r t h e r l y l i n e o f s a i d L o t 1 , a d i s t a n c e o f 1 4 0 . 0 0 f e e t , m o r e o r l e s s , t o a c o r n e r o f s a i d L o t 1 a n d a l s o t h e p o i n t o f b e g i n n i n g o f t h e p a r c e l t o b e d e s c r i b e d ; t h e n c e c o n t i n u i n g a l o n g t h e l a s t d e s c r i b e d l i n e t o a p o i n t t h a t i s d i s t a n c e 5 . 0 0 f e e t w e s t e r l y o f t h e e a s t e r l y l i n e o f s a i d L o t 1 ; t h e n c e n o r t h e r l y p a r a l l e l t o t h e e a s t e r l y l i n e o f s a i d L o t 1 , a d i s t a n c e o f 1 0 5 . 2 0 f e e t , m o r e o r l e s s , t o t h e i n t e r s e c t i o n w i t h a l i n e d r a w n p a r a l l e l w i t h a n d 1 0 . 0 0 f e e t s o u t h e r l y o f t h e n o r t h e r l y l i n e o f s a i d L o t 1 ; t h e n c e e a s t e r l y p a r a l l e l w i t h t h e n o r t h e r l y l i n e o f s a i d L o t 1 , a d i s t a n c e o f 5 . 0 0 f e e t t o s a i d e a s t e r l y l i n e o f s a i d L o t 1 ; t h e n c e s o u t h e r l y , a l o n g s a i d e a s t e r l y l i n e o f s a i d L o t 1 , t o t h e p o i n t o f b e g i n n i n g . # L I C E N S E N O . D A T E S 1 A U G U S T 3 , 2 0 2 1 M i n n e t o n k a , M i n n e s o t a 5 5 3 4 5 P h o n e ( 9 5 2 ) 4 7 4 - 7 9 6 4 1 7 9 1 7 H i g h w a y 7 W e b : w w w . a d v s u r . c o m A d v a n c e S u r v e y i n g & E n g i n e e r i n g , C o . LUTHERA N C H U R C H O F T H E M A S T E R 11 0 7 E M E R S O N L A N E CLIENT NAME / JOB ADDRESSBR O O K L Y N C E N T E R , M N S H E E T T I T L E S H E E T N O . S H E E T 1 O F 1 DRAWING ORIENTATION & SCALE40200 E A S E M E N T V A C A T I O N E X H I B I T D R A W I N G N U M B E R # 4 2 3 7 9 T h o m a s M . B l o o m S H E E T S I Z E 2 2 X 3 4 SCALE - 1" = 20' 2 1 1 2 6 2 T B E A S E M E N T V A C A T I O N Exhibit B City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org CHANGE OF MEETING LOCATION FOR PUBLIC HEARING TO WHOM IT MAY CONCERN: You were recently mailed a Notice of Public Hearing regarding requests for consideration from Applicant Evangelical Lutheran Church of the Master (refer to other side for original notice) as you are within the area of notification. Please be advised that per City Council action on Monday, August 9, 2021 (City Council Resolution No. 2021-95, Extending a Mayoral Declaration of a Local Emergency), the scheduled Planning Commission meeting and public hearing for this Thursday, August 12, 2021 will now take place virtually via WebEx. We strongly encourage you to forward any comments or questions by email at: gmcintosh@ci.brooklyn-center.mn.us or by phone at (763) 569-3319. Your comments will be included in the record and addressed as part of the meeting. Alternatively, you may participate in the Planning Commission meeting via WebEx: To Access the Meeting: logis.webex.com Meeting Number (Access Code): 177 458 7533 Password: BCPC08122021 By Phone: 1 (312) 535-8110 (Enter Access Code) Meeting Time: 7 p.m. Auxiliary aids for persons with disabilities are available upon request. Please contact the City Clerk at (763) 569-3300 to make arrangements. You may also access both the WebEx meeting and Planning Commission meeting packet via this link: https://www.ci.brooklyn-center.mn.us/Home/Components/Calendar/Event/130/16 Respectfully, Ginny McIntosh City Planner/Zoning Administrator City of Brooklyn Center | 6301 Shingle Creek Pkwy | Brooklyn Center, MN 55430-2199 | (763) 569-3300 | www.cityofbrooklyncenter.org NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: *A notice was previously mailed to you regarding a Public Hearing for this property in June. The applicant withdrew the application to allow additional time necessary to address outstanding items and has since re-submitted the application for review.* Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, August 12, 2021, at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.ci.brooklyn-center.mn.us/. A definite time for this application to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Preliminary & Final Plat for the 69th Avenue North Addition, PUD Amendment, Re- zoning, Special Use Permit, and Comprehensive Plan Amendment for certain property generally located at the northwest corner of 69th Avenue North and Dupont Avenue North in Brooklyn Center, Minnesota. APPLICANT/PROPERTY OWNER: Evangelical Lutheran Church of the Master PROPERTY ADDRESS: 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 and 1200 69th Avenue North, Brooklyn Center, MN 55430 PROPERTY IDS: 25-119-21-33-0085, 25-119-21-33-0086 BRIEF STATEMENT OF CONTENTS OF PETITION: The Applicant is requesting review of a proposal to re-plat approximately 6.7 acres of property located at the northwest corner of 69th Avenue North and Dupont Avenue North, which would allow for the sale of an existing seven-unit apartment building on approximately 0.47 acres. The remaining acreage would be combined into a single parcel. The request would require an amendment to the PUD, issuance of a Special Use Permit for the continued religious and ancillary uses, and a re-zoning to address outstanding conditions that were not fulfilled as part of the original PUD re-zoning in 1994. A Comprehensive Plan Amendment is requested to reflect the updated zoning and separation of the apartment building from its association with the adjacent church and future land use designation as an institutional use. Questions, comments, statements of support or objections should be directed to City Planner/Zoning Administrator Ginny McIntosh at (763) 569-3319 or email to gmcintosh@ci.brooklyn-center.mn.us. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at (763) 569-3300 to make arrangements. Respectfully, Ginny McIntosh City Planner/Zoning Administrator CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Please Print Clearly or Type Application No. __ 9_40_0_9 ___ _ treet Location of Property 1100 69th Ave N.; 1107 Emerson Ln.; 6907 Dupont Ave N. egal Description of.Property Lots 1, 2, & 3, Block 1, Brookdale Manor 2nd Addition Brooklyn Center, MN Nner _____ E_v_an_;g_e_l_ic_a_l_Lu_t_h_e_ra_n_C_hu_r_c_h_o_f_t_he_M_a_st_e_r ______________ _ Address 1200 69th Avenue North Brooklyn.Ctr., MN 55430 Phone No. 561-5852 pplicant ____ sa_m_e _____________________________ _ Address Phone No. ----------------------- ype of Request: Rezoning Variance Speci a 1 Use Perrni t ---Subdivision Approval ---Site & Bldg. Plan Approval _, .... ~ _ Other : ___ --'-P=UD""-------- escription of Request: Change in zoning from ,X-4 to (-1 and reuse as church facilities. PUD filed with the city of Brooklyn Center he applicant requests processing of this application and agr.ees to pay to the City of rooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ent, the actual costs incurred by the City for Engineering, Planning and-Legal expenses easonably and necessarily required by the City for the processing of the application. uch ·costs shall be in addition to the application fee described herein. Withdrawal of he application shall not relieve the appli~ant of the obligation to pay costs incurred rior to withdrawal. Fee $ i ~CO, J1J I Receipt No. 7t lf 5 'i <( Date: ___ A_ug.._u_s_t_16-',_19_9_4 ________ _ PLANNING COMMISSION RECOMMENDATION ates of P.C. Consideration: q -15 -'fl/ _-f'at/4,J ' '/ pproved / Denied 7 this ,2 ~ day of Oc fuhe ,__ . 19 z::y, subject to the o 11 owing condi ti ans: ----------------------------~ Chairman - --------~ - - - - ----- --- -------------- CITY COUNCIL ACTION ates of Council Consideration: __ -_\~_1_-_~_~ .... 1 ___ _ pp roved X Denied __ this /1./'!! day of __._-"'-"'=--:.,:,.;..:..:......,_......,_ 199½, with the following C ,.,.., ·1 Form No. 18. (over please) Exhibit C Planning Commissiort Information Sheet Application No. 94009 Applicant: Evangelical Lutheran Church of the Master Location: Northwest quadrant of Dupont and 69th Avenues North Request: Rezoning for Planned Unit Development -PUD/R-1 The applicant is requesting rezoning and plan approval, through the Planned Unit Development process, to incorporate three apartment buildings located immediately east of the Lutheran Church of the Master into a full church use over a phased, or staged, period of time. The rezoning proposal is for a PUD/R-1 designation to include the church property, addressed 1200 69th Avenue North, and the three apartment buildings east of the church currently addressed as 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North. The properties in question are currently zoned R-1 (single family residence) and R-4 (multiple family residence) and,are located at the northwest quadrant of Dupont and 69th Avenues North. They are bounded on 'the north and east by 70th A venue, Emerson A venue, Emerson Lane and Dupont A venue with single family homes and one of the city's water towers on the opposite sides of these streets; on the south by 69th A venue with single family homes and the city's public utility building on the opposite side of 69th Avenue; and on the west by the Northbrook Terrace apartment complex. The PUD/R-1 zoning designation would allow the incorporation and use of these apartment buildings by the church over time in a manner consistent with the city's zoning ordinance. Church uses are special uses in the R-1 zone, but are not an acknowledged use, either permitted or special in the R-4 zoning district. The church has acquired the three seven unit apartment buildings under a contract for deed from Norman Chazin. Their purchase contract prohibits the church from making structural changes to the buildings until the contact is paid in full. It is our understanding that the contract provisions do not prohibit all modifications, but they must not be such that they would make it impossible to re-establish a multiple residential use of the buildings. Pastor Robert Cottingham of the Evangelical Lutheran Church of the Master has given us two written submittals ( copies attached) along with their Planned Unit Development rezoning application. One is an August 15, 1994 letter explaining the staged or phased plan for the use of the buildings by the Lutheran Church of the Master and the other is an August 31, 1994 memo addressing the city's rezoning evaluation policy. The first phase (1994-1995), which the church would like to undertake as quickly as possible, would involve the use of the apartment building closest to the church as a teaching facility for the children and youth of the church. This is the building located at 1107 Emerson Lane. The letter points out how they would use the building for Sunday School between 9:30 a.m. and 11:00 a.m. on Sundays for teaching approximately 175 to 200 second through twelveth graders. They propose using the living rooms and bedrooms in the units as classrooms for classes of 9-15-94 l Planning Commission Information Sheet approximately ten students. They would also use this building for their Confirmation classes for grades seven through nine on Wednesday evenings. They propose no major structural changes, but would convert one restroom on each floor at this time to accommodate handicap persons. They are also looking at a way to make each floor accessible either via ramp or a lift. The proposed new use is a change of occupancy, which would require bringing this building into compliance with various handicap and accessibility requirements. The Building Official is reviewing this currently and it may be, given the staged proposal for a full incorporation of all the buildings into eventual compliance, that he might be able to allow such use, given some reasonable temporary accommodations. Again, we are pursuing this, but it appears that a PUD development calling for such accommodation on a scheduled or phased basis may make this possible. In the meantime, the church would propose to provide volunteer assistance for any and all teachers and any students with physical handicaps that would require assistance. It should be noted that this building is no longer being used for residential purposes with former tenants either moving away or being relocated to one of the other two apartment buildings. The second phase (1996), would involve the use of the building addressed as 6907 Dupont (southwest corner of Emerson Lane and Dupont Avenue North). A part of this building would be remodeled to permit large group meetings for approximately 100 people, such as adult and children chorus, drama groups, youth gatherings and a senior citizens day teaching/fellowship area. Also, plans for the second building include remodeling for small group meetings and their space needs as well as a small prayer chapel. The third phase (1997--1998), would incorporate the last building, addressed 1100 69th Avenue North as the church's global missions center. This would involve retaining two complete apartment units strictly for use of missionary families who are on home leave for a short period of time. The Lutheran Church of the Master supports seven missionary families currently. This building would also house a short term evangelical mission home office staff. And finally, the building would provide for more office space for teaching and counseling of persons interested in doing mission work. The plans at this time do not include the physical plans to remodel and reuse the buildings. We have informed representatives of the church that a site plan, landscaping, grading, drainage, and utility plans incorporating the buildings into a church campus would have to be developed and approved once the PUD/R-1 rezoning has been accepted. The church is_proceeding with such plans and discussion as to how these physical plans would be accomplished. It should be noted that eventually, the three parcels on which the apartments currently sit would have to be replatted into a common lot through platting or registered land survey. Also, a water shed plan for possible ponding to control rate and quality of water run off would have to be approved by the Shingle Creek V1:ater Shed Management Commission. By adding these buildings to the church site, it exceeds the five acre threshold for Water Shed Commission review and approval. 9-15-94 Planning Commission Information Sheet As part of the approval of a PUD, a development agreement between the church and the city would have to be put together outlining the phasing of this proposal including when platting, water shed approval, along with the physical plans would have to be accomplished. The PUD/R-1 designation would also acknowledge the continued use of the apartment building and its re-establishment should, for some reason, the church not proceed to incorporate all these buildings for their use. Again, the church wishes first phase approval as soon as possible so they can begin the Sunday school and Confirmation class uses of the first building. REZONING A Planned Unit Development proposal involves a rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district then provides the regulations governing uses and structures within the PUD. In this specific case, the applicant is seeking R-l(single family residence) as the underlying zoning designation because churches, and church uses, are special uses in the R-1 zoning district, while they are not acknowledged uses, either permitted or special, in the R-4 zoning district. The rules and regulations governing the R-1 zoning district would, therefore, apply to the development proposal. Under the Planned Unit Development procedure, regulations governing uses and structures may be modified by conditions imposed by the City Council to the extent necessary to comply with the development plan submittal. One of the purposes of the PUD district is to give the city flexibility in land development and redevelopment. This PUD designation would allow the City Council to approve the continued use of the apartment buildings under the R-4 designation while the church phases in the use of the buildings for its purposes. This process would also protect the Chazins' rights to re-establish the multiple residence use if the contract for deed is not satisfied and the ownership would revert back to them. Attached for the Commission's review is a copy of Section 35-355 of the zoning ordinance which addresses Planned Unit Developments. As mentioned, the PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35-210 of the zoning ordinance as well as the rezoning evaluation policy and review guidelines are attached for the comfriissions review. Pastor Cottingham has submitted an August 31, 1994 memo in which he outlines how he believes the proposed church use of the three apartment buildings meets the rezoning evaluation policy and review guidelines contained in Section 35-208. A review of those guidelines, the applicant's arguments and the staff response follows: a. Is there a clear and public need or benefit? Agplicant -Pastor Cottingham notes that in studying the number of low cost apartments, talking 9-15-94 :'~ Planning Commission Information Sheet with the apartment owners group and close to 100 of their neighbors, that it seems clear that the entire city, its residents and business groups will benefit through the eventual closing of all three apartment buildings and the reprogramming of their use. He notes that the public need seems to call for fewer apartments at this point and the general consensus is that the area has been over built with apartments in the 1960's and 1970's. Staff -We do not argue with these observations, and in fact, the city has acquired apartment complexes and demolished them, thinning out the number of units. It should be noted, however, that there still is a need in the area for multiple residential units. One of the problems faced by apartment owners in our immediate area is that these units do not offer all of the amenities that many other apartments that have more recently been constructed and have a difficult time competing. We do not find the thinning out of these units to be a negative and the church's use of the buildings for their purpose could be considered a public need or benefit. b. Is the proposed zoning consistent and compatible with surrounding land use classifications? Applicant -Pastor Cottingham states that the church's proposal is indeed consistent with surrounding land use classifications. He notes that there is a good mix of several zoning classifications including R-4 and R-1 in the area. He believes rezoning the three apartments will not cause any public or private differences. Staff -The area in ~d around the Lutheran Church of the Master is, for the most part, zoned residential, either single family or multiple family. The PUD/R-1 designation and the church use of these buildings should be consistent with and compatible with the surrounding land use classifications. Churches are acknowledged special uses in an R-1 zoning district. This rezoning will allow the eventual phase out of the three apartment buildings to an R-1 special use designation. c. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? Applicant -Pastor Cottingham notes that all permitted uses in the area for schools, churches, small offices, etc. are permitted in the proposed change requested by the church. Staff -It appears that all permitted uses and proposals can be comprehended for development in this specific PUD proposal. We will need to review the actual development plans for the incorporation of these buildings into a church campus once these plans have been developed and submitted. However" the church has committed to eventually providing the necessary site plan, landscape plan, drainage, water shed, and replatting necessary to comply with city regulations. d. Have there been substantial physical or zoning classification changes in the area 9-15-94 Planning Commission' Information Sheet since the subject property was zoned? Applicant -Pastor Cottingham points out to the best of their collective memory there have not been any substantial physical or zoning classification changes in the immediate area. He does point out the changes to Highway 252 and its expansion, the 694 changes and some changes to the Humboldt Square Shopping Center. He notes that none of these will have an impact on the church's proposal. Staff -The only major zoning classification change in this immediate area was the rezoning from C-2 (Commerce) to R-3 (townhouse/garden apartment) of the property immediately to the south of 69th adjacent to the Humboldt Square Shopping Center. This has no major effect on the church's proposal and it is possible to have a development consistent with this as well as other residential property in the area. e. In the case of city initiated rezoning proposals, is there a broad public purpose evident? Applicant -They note this is not the city initiated proposal. Staff -Not applicable. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? Applicant -Pastor Cottingham notes that the proposed zoning change of the three apartments will bear the ordinance development restrictions for this district. He adds that they reuse of the apartments will fit all R-1 applications as they will be used for Sunday school, Confirmation classes and general church meetings. Staff -The subject property should bear fully the ordinance development restrictions for this proposed PUD/R-1 proposal based on findings that will eventually have to be made by the City Council and a development agreement between the city and the church, which will address any and all issues raised and acknowledge an approved site plan as part of the development agreement. As we have indicated, the physical plan has not yet been submitted, but is being put together and will require further review by the Planning Commission and approval by the City Council. We anticipate the ability to meet any and all zoning requirements and modifications to the three apartment buildings will eventually have to meet all building, accessibility, and fire code requirements. The unique aspects of the PUD zoning allow the church to make use of these buildings in the variety of ways they have indicated, including the residential use for visiting missionary families in the retained multiple dwelling in one of the buildings. The PUD designation also protects the underlying rights of the contract for deed holder to re-establish the multiple residential use of these buildings should the church's proposed use not go forward. We 9-15-94 Planning Commission Information Sheet should note, however, that the ability to re-establish the multiple residential use will only exist until the church has full control of the property. Once the church campus has been developed, the right to use those buildings for multiple residential purposes other than outlined in the development agreement for the church use will not be permitted. g. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? Applicant -Paster Cottingham notes that the property in the zoning reqll:est is not unsuited for the planned uses. He states the size, configuration and location adds in a complimentary way to the church property it will become a part of. Staff -The property is generally suited for the multiple residential use made of it, however, this does not preclude the,fact the church use of these buildings may be a better longer range use of the existing buildings. As indicated previously it has been City policy to thin out the number of multiple residential dwellings in the City. h. Will the rezoning result in an expansion of a zoning district warranted by: 1) Comprehensive Planning; 2) The lack of developable land in the proposed zoning district; or 3) The best interests of the community? Applicant -Pastor Cottingham notes that they do not believe the proposed zoning change will bring about any significant changes to the immediate community. They also believe that as they make use of the rezoned facilities to reach, teach and strengthen families in the City, it will become a center for decency and morality. Staff -The City's Comprehensive Plan does not make any recommendations with respect to this particular property. A review of the land use designations map in the Comprehensive Plan will verify this. With respect to developable land in the proposed zoning district, it should be noted that there is very littlr~ developable land anywhere in the City. The only options for the church to expand, such as is being proposed, is to do so on developed land by incorporating and/or reusing already existing buildings. The church's proposal certainly does not appear to be in conflict with the best interests of the community. i. Does the proposal demonstrate merit beyond the interest of an owner or owners of an individual parcel? Applicant -Pastor Cottingham does believe that their proposal demonstrates merit beyond the church's religious uses of these buildings. He notes that the church use of these buildings for education of the faith and of the training of youth in our area has potential to make for a more peaceful and moral environment. 9-15-94 Planning Commission Information Sheet Staff -The use of the apartment buildings for church purposes and the accompanying upgrading of the site can have some positive impacts in the surrounding areas. Landscaping and physical changes to the area should be a positive factor. PROCEDURE This PUD/R-1 proposal, as previously mentioned, is a rezoning with a specific development proposal. As such, it ,must go through the normal rezoning process. This means that following the Planning Commission's public hearing the rezoning proposal and development proposal should be referred to the appropriate Neighborhood Advisory Group for review and comment. In this case it should be referred to the Northeast Neighborhood Advisory Group. We will attempt to schedule a meeting of that Neighborhood Advisory Group within the next 30 days for that purpose. Persons receiving notices of the Planning Commission's public hearing (property owners within 350 feet of the subject property) and anyone else who desires to be notified would be informed of the date, time, etc. of the meeting. The Planning Commission should discuss the proposal, open the public hearing on this matter and then table the application and refer it to the Northeast Neighborhood Advisory Group for additional review and comment. The Commission may wish to comment on the proposal and give any direction to the Neighborhood Advisory Group that they believe is appropriate for their review. 9-15-94 1 1 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION NO. 94 -244 RESOLUTION REGARDING DISPOSITION OFPLANNING COMMIISSION APPLICATION NO. 94009 SUBMITTED BY THE EVANGELICAL LUTHERAN CHURCH OF THE MASTER WHEREAS, PlanningCommissionApplicationNo. 94009submittedbythe Evangelical Lutheran Church of the Master proposes rezoning from R1 (Single Family Residence) and R4 (Multiple Family Residence) to PUD /R1 of the properties addressed as 1200 69th Avenue North, 1107 Emerson Lane, 1100 69th Avenue North and 6907 Dupont Avenue North all located at the northwest quadrant of Dupont and 69th Avenues North; and WHEREAS, this proposal comprehends the combining of these parcels and the eventualutilizationofthreeapartmentbuildingsbytheLutheranChurchoftheMasterfor church purposes over aphased, orstaged, period oftime; and WHEREAS, thePlanningCommissionheldadulycalledpublichearingon September 15, 1994, when astaff report and public testimony regarding the rezoning and plan where received; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on October 13, 1994, at the City Hall and unanimously recommended approval of this Planned Unit Development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on October 27, 1994, received astaff report and took further testimony during acontinued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 94009 by adopting Planning Commission Resolution No. 94 -1on October 27, 1994; and WHEREAS, the City Council considered Application No. 94009 at it November 14, 1994 meeting; and WHEREAS, the City Council has considered this rezoning and plan request in light of all testimony :received, the guidelines for evaluation rezonings contained in Section 35- 208 of the City's Zoning Ordinance and in light of the provisions ofthe Planned Unit Development Ordinance contained in Section 35 -355, and in light of the City's Comprehensive Plan. 1 City Council Resolution No. 94 -244 NOW, THEREFORE, BEITRESOLVED bytheCity Council oftheCity of BrooklynCenterthatApplicationNo. 94009submittedbytheEvangelicalLutheranChurchof the Master be approved in light of the following considerations: 1. The rezoning and plan are compatible with the standards, purposes and intentofthePlannedUnitDevelopmentsectionoftheCity'sZoning Ordinance. 2. The rezoning and development plan will allow for the utilization of buildings by the church in a manner which can be considered compatible with surrounding land uses. 3. The utilization of the property in question, with the submission of future plans, will conform with city ordinance standards. The phased, or staged, incorporation of the buildings for church purposes is considered a reasonable use of property. 4. The rezoning and plan are considered compatible with recommendations intheCity'sComprehensivePlanforthenortheastneighborhoodarea. 5. The eventual incorporation of the buildings and their utilization by the church appears to be a good long range use of the existing buildings and canbeconsideredtobeinthebestinterestsofthecommunity. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 94009 be subject to the following conditions and considerations: 1. The immediate use of the building at 1107 Emerson Lane North for Sunday School and Confirmation classes may proceed subject to the approvalofthebuildingofficialregardingtheoccupancyanduseofthe building. 2. The continued use of the buildings addressed as 1100 69th Avenue North and 6907 Dupont Avenue North as rental dwellings is allowed until the second phase of the project begins, subject to the licensing provisions in the City's Building Maintenance and Occupancy Ordinance. 3. A multiple family residential use of the three apartment buildings may be re- established if, for some reason, the church's proposal does not go forward and the phased utilization of these buildings is not undertaken. 1 1 1 City Council Resolution No. 94 -244 ATTEST: 4. The Lutheran Church of the Master shall submit the necessary site plan including landscaping, grading, drainage, utility and floor plans along with apreliminaryplatandwatershedplaninatimelymannerpriorto proceeding with the phase II and phase III utilization of the property. 5. The church shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney prior tophase Iutilization of the buildings. Saidagreementshalloutlinethephasingofthisplan including when platting, watershed review, and the physical plans shall be accomplished. November 14, 1994 Date Mayor The motion for theadoption oftheforegoing resolution wasduly seconded by Celia Scott and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and .adopted. Deputy City Clerk Exhibit D Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION NO. 98-185 RESOLUTION APPROVING FINAL PLAT - EVANGELICAL LUTHERAN CHURCH OF THE MASTER 3RD ADDITION WHEREAS, the Brooklyn Center City Council on June 22, 1998, approved Planning Commission Application No. 98012, providing preliminary plat approval submitted by the applicant, Evangelical Lutheran Church of the Master; and WHEREAS, the property owner(applicant) has applied for Final Plat Approval as required by the City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the plat of EVANGELICAL LUTHERAN CHURCH OF THE MASTER 3RD ADDITION is hereby approved subject to the following conditions: 1. A revised Development Agreement, referred to as a "Declaration of Covenants and Restrictions" shall be filed and recorded with the Final Plat. 2. The final plat is subject to the review and approval of the City Attorney and Hennepin County. 3. Any further conditions as provided in Chapter 15 of the City ordinances. October 26, 1998 Date ' ayo~ ATTEST: Aa City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Tasman and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Tasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. M E M O R A N D U M DATE: August 6, 2021 TO: Olivia Boerschinger, Associate Planner FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Preliminary/Final Plat Site Plat Review – Lutheran Church of the Master (Updated) Public Works staff reviewed the following documents submitted for review for the proposed 69th Ave North Addition plat: Preliminary/Final Plat dated July 8, 2021 Subject to final staff final plat approval, the referenced plans must be revised in accordance with the following comments/revisions. Preliminary Plat/Final 1. Provide ADA route. General Comments 1.Need working copy of the preliminary plat to show all vacated easements, proposed easements, existing and proposed utilities and provide all easement documents for the City for review. 2. An updated certified abstract of title or registered property report must be provided to the City Planner and City Attorney for review at the time of the preliminary plat application (within 30 days of preliminary plat application). Additionally, this will need to stay current and be updated through the approval process as required to maintain and be current within 30 days of the release of final plat. 3.A 10-ft drainage and utility easement must be dedicated on the plat around the entire perimeter of the site. 10 feet along lot lines adjacent to Right Of Way and 5’ on interior lot lines. 4.Cross access/parking agreement for parking areas accessed off Dupont Avenue. 5. Maintain sufficient parking. 6. See additional redlines on preliminary and final plats. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Exhibit E Exhibit F BR291-16-741176.v1 C o m m i s s i o n e r i n t roduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2021-002 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2021-003 FOR PRELIMINARY AND FINAL PLAT, RE-ZONING, PUD AMENDMENT, AND SPECIAL USE PERMIT APPROVALS FOR CERTAIN PROPERTY COMMONLY KNOWN AS LUTHERAN CHURCH OF THE MASTER AND LOCATED AT THE NORTHWEST CORNER OF 69TH AVENUE NORTH AND DUPONT AVENUE NORTH (1107 EMERSON LANE, 6907 DUPONT AVENUE NORTH, 1100 69TH AVENUE NORTH AND 1200 69TH AVENUE NORTH) AND THE RECOMMENDED APPROVAL OF A 2040 COMPREHENSIVE PLAN AMENDMENT TO 1100 69TH AVENUE NORTH WHEREAS, Planning Commission Application No. 2021-001 was originally submitted by Evangelical Lutheran Church of the Master (“the Applicant”) for consideration of the above-noted requests for certain property located at the northwest corner of 69th Avenue North and Dupont Avenue North and identified as 1107 Emerson Lane, 6907 Dupont Avenue North, 1100 69th Avenue North, and 1200 69th Avenue North (“the Subject Property”) in June 2021; however, following City staff review of the requests and past City approvals, it was determined that additional time and information was required before the Applicant could proceed with its requests and the Applicant formally withdrew its application on June 8, 2021; WHEREAS, Planning Commission Application No. 2021-003 was submitted in July 2021 following additional City staff review of documentation on file and revisions to the proposed re-plat of the Subject Property, to be known as the 69TH AVENUE NORTH ADDITION, which would provide a path for the Applicant to sell an existing seven-unit apartment building located at 1100 69th Avenue North; and WHEREAS, a public notice was published in the Brooklyn Center Sun Post on July 29, 2021, and notifications were mailed to those properties lying within the notification area; and WHEREAS, following City Council action on August 9, 2021, and the Mayoral Declaration of a Local Emergency under City Council Resolution No. 2021-95, City staff delivered flyers to those aforementioned properties lying within the notification area, advising those properties that the previously publicized in-person meeting would now be taking place virtually pursuant to Section 13D. 021 of Minnesota Open Meeting Law; and WHEREAS, the Subject Property was originally established as a Planned Unit Development in 1994 under Planning Commission Application No. 94009 and approved by City Council Resolution No. 94-244 (Resolution Regarding Disposition of Planning Commission Application No. 94009 Submitted by the Evangelical Lutheran Church of the Master), which requested a re-zoning of the Subject Property from its former R-1 (One Family Residence) and R-4 (Multiple Family Residence) District zoning designations to PUD/R-1 (Planned Unit PC Resolution for Consideration - 2021-002 PC RESOLUTION NO. 2021-002 BR291-16-741176.v1 Development/One Family Residence) District to allow for an expansion of what is now the Lutheran Church of the Master campus; and WHEREAS, the associated conditions of approval outlined a three-phase expansion of uses relating to Lutheran Church of the Master, and a copy of the Development Agreement on file noted that should the Developer not satisfy all requirements under Paragraph 2.3 by January 1, 1999, the zoning of the Phase I (1107 Emerson Lane), Phase II (6907 Dupont Avenue North), and Phase III (1100 69th Avenue North) properties would revert automatically, and without further action by City Council to R-4 (Multiple Family Residence) District, and no further church uses of any such property shall be permitted unless said agreement is earlier amended by resolution of the City Council to extend the deadline for such compliance; and WHEREAS, one of the conditions of approval required that a final plat be recorded with Hennepin County to reflect the combination of the Subject Property into one single lot; and WHEREAS, while there is evidence of intent, through City records which outline the approval of a preliminary plat under Planning Commission Application No. 98013 and approval of a final plat by City Council under City Council Resolution No. 98-185 (Resolution Approving Final Plat-Evangelical Lutheran Church of the Master 3rd Addition), City staff cannot find evidence of said final plat being recorded, which has resulted in the reverting of the zoning to R-4 and impacts to certain approvals contemplated under Planning Commission Application No. 94009 and approved under City Council Resolution No. 94-244; and WHEREAS, said impacts include a rescinding of the special uses permitted in the phased development, and a reverting of the previously approved PUD/R-1 zoning designation back to the original R-4 District for the phased development; and WHEREAS, in order for the sale of the property located at 1100 69th Avenue North to move forward, the Applicant must receive approval for a series of requests in order to move forward, including a preliminary and final plat which reflects the combination of the properties located at 1107 Emerson Lane, 6907 Dupont Avenue North, and 1200 69th Avenue North to Lot 1, Block 1, 69th Avenue North Addition, and the creation of a standalone Lot 2, Block 1, 69th Avenue Addition for the property located at 1100 69th Avenue North; issuance of a new Special Use Permit for the outlined church and ancillary uses, a re-zoning and amendment to the Planned Unit Development to ensure the three properties, to be known as Lot 1, identify as Planned Unit Development/One Family Residence District (PUD/R-1), as intended, and that the property to be known as Lot 2 remains zoned as R-4 (Multiple Family Residence) District and is subsequently removed from the PUD agreement; and approval of a Comprehensive Plan Amendment to alter the existing future land use designation of 1100 69th Avenue North (Lot 2) from its current 2040 future land use designation of “Public/Semi-Public/Institutional” to “Medium Density Residential (5.01-15 DU/Ac)”; and WHEREAS, on August 12, 2021, the Planning Commission of the City of Brooklyn PC RESOLUTION NO. 2021-002 BR291-16-741176.v1 Center, Minnesota received and reviewed a planning report on the requested preliminary and final plat, re-zoning, Planned Unit Development amendment, special use permit, and 2040 Comprehensive Plan amendment requests; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on August 12, 2021, whereby a planning report was presented and public testimony regarding the proposal were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the application requests in light of all testimony received, and the guidelines and standards as outlined under Sections 35-202 (Comprehensive Planning) 35-208 (Rezoning Evaluation Policy and Review Guidelines), 35-210 (Rezoning Application Procedures and Reconsideration), and 35-355 (Planned Unit Development) of the City’s Zoning Ordinance, and City record of past approvals for the Subject Property, and the request complies with the general goals and objectives of the City’s 2040 Comprehensive Plan, with exception to the requested amendment to the Comprehensive Plan for 1100 69th Avenue North, which would not result in greater impacts than currently seen as the property was originally approved as a seven-unit apartment building in 1962 under Planning Commission Application No. 62057 and continues to function as an apartment building to this day. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Brooklyn Center, Minnesota to recommend to the City Council that Planning Commission Application No. 2021-003, submitted by the Evangelical Lutheran C h u r c h o f t h e M a s t e r b e approved based upon the findings of fact in the August 12, 2021, planning report, and submitted documents and plans as amended by the following conditions of approval: 1. Any significant changes or modifications made to these requests can only be made by an amendment and as approved by the City Council. 2. Modification of an entrance to 1100 69th Avenue North to meet minimum ADA requirements and the provision of minimum ADA parking is required prior to any sale. 3. The Applicant shall meet with the City Fire Inspector regarding a review of the existing fire alarm systems on the Subject Property and other Lutheran Church of the Master Properties. 4. The Applicant shall enter into a new Development Agreement with the City that reflects these and any future approvals. The Development Agreement must be recorded with the plat at Hennepin County. 5. An amended and restated PUD agreement shall be entered into with the City and recorded with the plat at Hennepin County. 6. A cross access easement agreement shall be entered into for the drive access off Dupont Avenue North, which provides the only access to 1100 69th Avenue North (Lot 2, Block 1, 69th Avenue North Addition) and secondary access to the two buildings located at 1107 Emerson Lane and 6907 Dupont Avenue North. 7. Approval of the preliminary and final plat for 69th Ave North Addition are contingent PC RESOLUTION NO. 2021-002 BR291-16-741176.v1 upon the addressing of comments by Assistant City Engineer Hogg in his memorandum dated August 6, 2021, and the vacation of easement through separate City approval. Furthermore: a. The Applicant shall work with City staff to adjust the northerly lot line of proposed Lot 2 (1100 69th Avenue North). b. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). c. Any comments and/or requirements as provided by Hennepin County. d. Any comments and/or requirements f r o m t h e C i t y A t t o r n e y ’ s o f f i ce, and specifically regarding evidence of title. e. The successful recording of said plat (mylar) with Hennepin County. August 12, 2021 Date Alexander Koenig, Chair ATTEST: Ginny McIntosh, Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.