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CR 91-56 CUP - Marcus Corporation , \ "\ Y I V 0 3 " / " 0 ' , , I ; I ,/ , . ' J . ;<, ~ February 27, 1991 ii;;'!" Council Report CR91-56 .y c;> ~ o P K \ ~ CONDITIONAL USE PERMIT - MARCUS CORPORATION proposed Action. Staff recommends approval of the following motion: Move to approve resolution 91-21 recommending approval of the conditional use permit to construct a theater at 15 8th Avenue South. Approval of this motion will allow construction of a mOVle theater on the Bursch site. Overview. The applicant is proposing to construct a movie theater on the Bursch site. At the December zoning and Planning meeting the Commission indicated that a theater on the Bursch site was preferred over the 10th Avenue site. At the January 8, Council meeting, the city council also selected the Bursch site. The theater proposed is a four screen 1200 seat building. The theater will show second run movies at a cost of $1. 00-$2.00 per movie. The proposed building will be two stories with all four theater auditoriums on the main level. The second level will be for such things as the projection area, restrooms, storage, . offices, employee areas, etc. The applicant has been approved for Tax Increment Financing assistance from the city to facilitate the redevelopment. The Planning commission has recommended approval of the conditional use permit. Primary Issues to Consider. 0 What are the specifics of the project? 0 What is the time frame for the project? 0 Does the project comply with the existing designated land use and zoning? 0 What action has the Hopkins Business council taken on the development? 0 What action has the City CouncilfHRA taken on the project? 0 Does the proposed development meet the zoning requirements? 0 What impact will this development have on the surrounding area? 0 Should the theater entrance or building be relocated? Supporting Documents. 0 Detailed Background -- 0 Analysis of Issues 0 Site Plan 0 Alternatives 0 Resolution R:91-21 J\ I -- - ...... -- ............... --' ----- . CR: 91-56 Page 2 NOTES FROM ZONING AND PLANNING MEETING The Commission on a 4-1 vote approved resolution RZ91-5 recommending approval of the Conditional Use Permit to construct a movie theater. Mark Senn, the applicant, appeared before the Commsiion. Mr. Senn reviewed the proposed theater. The Commission discussed various issues on the project such as landscaping, parking, traffic flow, exterior materials, signage and the possible addition. The commission added an additional condition. This condition is as follows: In the future if the theater project creates undue hardship to residents and businesses due to parking, the developer, at his own expense, will remedy the situation within one year. staff has concerns with this condition because of the Council's previous action. staff would like to discuss this in greater detail at the meeting. . . ~ CR:91-56 .. Page 3 Detailed Background. Exterior materials. The exterior material is a combination of glass and pre-cast panels. The southwest corner of the building is the glass portion of the building. The east, north and parts of the west and south sides of the building are pre-cast panels. The applicant has not determined the color of the pre-cast panel, but has stated the color will be earth tones. An accent strip is located on all sides. The applicant has not determined what kind of panel will be used. He will bring to the meeting a brochure of various types of pre-cast panels. Parkinq. Because the site abuts the B-2 district the ordinance requires no parking. However, because of the parking generated by a theater a parking study was done to see the affects of the theater to the surrounding available parking. Attached is the study. The study indicates that there will be a parking shortage on Friday nights of approximately 29 spaces. In order to meet the demand within a 300 foot radius of the theater, Benshoof suggests that 150 spaces are needed. 4It As part of this project the city would take ownership of all the parking on this site. The parking area would be operated by the City as part of its public parking system. Enqineering Considerations. The Engineering Supervisor has been working with the applicant on this project. This project will involve relocating some storm sewer. A consulting engineer will be developing a final plan to submit with the building permit. Landscaping. The site is required to have 20 plantings. The applicant has identified 10 plantings of required size on the site and 13 smaller plantings along the east side of the building. The applicant has stated that he would like to put additional trees along 8th Avenue. The trees would be located in the City right- of-way. The applicant would need permission from the City to located the trees in the right-of-way. Along with the additional trees on 8th, the staff is recommending additional trees along 7th Avenue. Additional trees on both 7th and 8th Avenue would almost meet the zoning requirement. The zoning ordinance allows a waiver to the landscape requirements if by complying with the landscaping requirements, parking would be removed. In this case parking would have to be taken if more plantings are added. Staff 1S recommending reducing the landscaping 1n order to 4It maximize parking. . CR:91-56 Page 4 The staff has recommended that the trees in the parking area be reduced in size to 2 1/2 - 3 inches. A 3"-411 tree will not grow as rapidly as a smaller tree, which is why a smaller tree is being recommended. The ordinance requires a 2 1/2" tree. Also, the radiant crabs will have to be increased in size to 2 1/211. Trash Handlinq. The trash enclosure is located on the northeast side of the building. Access to the enclosure can be from the alley or parking area. Access. Access to the public parking area on the site will be both from 8th Avenue and 7th Avenue. Access from 8th Avenue will be from a point south of the building. This access point is a one-way either to the parking area or to exit on 7th Avenue. Access to the site from 7th Avenue is from the existing alley. This alley is a one-way to the west that will provide either access to the parking or an exit to 8th Avenue. The applicant will be required to provide an easement for parking and access. e Liqhtinq. The site plan details lights on four sides of the building. At this time there is no additional lighting planned other than the building lights. However, if more lighting in the parking area, is needed, the city will provide more lighting at a later date. Fire Marshal Consideration. The Fire Marshal has reviewed the plans and found them acceptable. Building Inspections. The Building Official is reviewing the plans as of the date of this report. If there are any problems I will report them at the meeting. screeninq. The applicant is proposed a 6 foot cedar fence to screen the residential area to the south from the site. Improvements to the parkinq area. The site plan shows 6 plantings in the parking area, which will be supplied by the applicant. The public works staff has recommended that the curbing by the plantings shown on the site plan is removed. The final detail of the parking area will be done by the city. The final design of the parking area maybe slightly different than what is indicated on the site plan. The e Public Works staff has reviewed improvements to the parking area and have identified the following which may be done to the parking area: . lighting . striping . signage - . CR:91-56 Page 5 . parking lot reconstruction - 2" overlay . curbs in lot . curbs on 7th . sidewalk on 7th The anticipated cost is approximately $60,000. The City will be paying for the improvements. Siqnaqe. The site plan shows a 162 square foot sign. The zoning ordinance allows a maximum size of 80 square feet. If the applicant desires the size indicated on the site plan a variance will have to be granted. The theater signage is proposed on the west side of the building. Primary Issues to Consider. o What are the specifics of the project? The existing building will be acquired and removed. A new two story building will be constructed that utilizes approximately ~ 20,000 square feet. The City will own the area not needed for the building footprint and the required setbacks. The City property will be used for public parking. Activity on the site will be oriented to the south, which is the entrance. The site plan shows a future addition on the east side of the building. If additional space is needed the interior design of the building will allow for an expansion. o What is the time frame for the project? The applicant has tentatively scheduled the demolition to start in April with an August 1991 completion date. o Does the project comply with the existing designated land use and zoning? The land use plan has designated the site as commercial and the zoning is B-3. A theater would be allowed in both the land use designation and the B-3 zoning. o Does the proposal meet the zoning requirements? The following are the B-3 district zoning requirements and the proposed site plan. ~ . CR:91-56 Page 6 B-3 Proposed Theater front yard 1 foot 1 foot north side yard 0 6 feet south side yard 0 15 feet rear yard 10 feet 10 feet lot width 20 feet 150 feet building height 45 feet 24 feet The proposal meets the zoning requirements. 0 What action has the Hopkins Business Council taken on the proposal? The Hopkins Business Council reviewed the development at the December 20, 1990 meeting. At this meeting, the Council voiced support for the proj ect. While only a small number of members were present, they were in agreement that Bursch's would be the correct site. 0 What action has the City Council/HRA taken on the project? . At the December 18 HRA meeting the HRA approved the preliminary tax increment application. At the February 5th meeting the HRAjCity Council approved in concept the Redevelopment Agreement which identifies the HRAjCity and developer responsibilities. 0 What affect will the theater have on the surrounding area? A major concern the staff has a relates to a theater located on this site concerns the availability of parking. Although the zoning ordinance does not require any parking a theater generates a significant amount of parking. Benshoof and Associates did a study of the parking which indicated a parking shortage on Friday nights. However, the city Council has indicated that if there is a problem in the future, the City will take steps to correct the parking problem. This could involve the following: - constructing a parking ramp - purchase property from Elks and create additional spaces - complete grocery store project which will provide additional parking on the east end of the CBD - have developer establish agreements with surrounding businesses for sharing parking - developer provide additional parking - upgrade the alleyscapejlightingjbuilding facades-walking . path to ramp As part of the redevelopment agreement the City/HRA has agreed to retain 400 public spaces within 600 feet of the project area for as long as a theater is a tenant. --- . CR: 91-56 Page 7 The applicant will be constructing a fence to separate the residential area to the south from the theater site. This fence will create a visual separation from the theater site. An existing retaining wall separates the parking area from the apartments. o Should the building entrance be relocated? The applicant has stated that a south entrance is desirable because of the of economics of trying to heat a building with a north or west entrance, trying to maximize the number of parking spaces and the interior layout. (see letter from Mark Senn) Staff has discussed the pros and cons of the entrance on the north or west, these issues are discussed in the paragraphs below. The rational for locating the building entrance on the north or west is to tie the building with Mainstreet. orienting the entrance to the north would mean the entrance to the building would face an the alley and the rear of the Mainstreet buildings. There 1S no other buildings 1n the downtown which provides its main entrance on an alley. This . would also focus the patrons attention to the rear of the Mainstreet buildings. This option would also effect the traffic flow because the alley would have to become two-way. The alley would be congested with cars dropping patrons off, non-movie goers using the alley and pedestrians crossing the alley going to the movie. Weather is also a consideration for the applicant. NORTH ENTRANCE PROS CONS closer to Mainstreet main entrance faces an alley main entrance faces rear of buildings main activity focused on alley weather considerations Orienting the entrance to the west would mean the entrance to the building is on 8th Avenue. This change would involve redesigning of the building and possibly loosing some parking to the east, because the building would have to sit on the site in a different way. Also, the applicant has stated that because of weather conditions on the west side of the building, economically it 1S not feasible to locate the entrance on the west. WEST ENTRANCE ~ PROS CONS closer to Mainstreet possible lose of parking weather considerations traffic congestion on 8th for drop-off . CR: 91-56 Page 8 Orienting the building to the south as the applicant has proposed focuses the patrons on the south side of the building. The drawback to a southerly entrance is the relationship to Mainstreet and abutting the residential entrance to the south. The south entrance will provide most of the activity on this side abutting a residential area. However, the applicant has proposed a 6 foot fence between the parking area and the theater will have a large setback of 60 feet. Also, the residential buildings do not face to the north. The fence and large setback should minimize the activity on the south side for the residential area. The proposed site plan does provide a good drop-off area for the patrons, good traffic circulation and meets the requirements of the applicant. However, the staff in concerned about the southern entrance and its relation to Mainstreet. The staff has concluded that the south entrance maybe the best overall solution for the site design and the applicants concerns, but based upon this design the staff feels that the applicant should upgrade the north and west sides of the building to tie with the southwest corner. The idea behind this is to relate the . building closer to Mainstreet. The applicant has stated that the theater signage and the poster art will be located on the west side of the building. However, these details are not shown on the plan as presented to the staff. The staff is also recommending that the north side 1S coordinated with the west side of the building. However that is achieved through signage or different exteriors materials, the staff feels that the northwest corner should be upgraded to help tie the building with Mainstreet. Also, the staff 1S recommending that a canopy is added over all the doors for an accent. SOUTH ENTRANCE PROS CONS good drop-off area entrance close to residential good traffic circulation area weather considerations entrance not oriented to signage on west side of Mainstreet building will orient building to 8th Avenue maximizing site location Alternatives. 1- Approve the Conditional Use Permit with conditions to . construct a theater at 15 8th Avenue South. By approving the conditional use permit the applicant will be able to construct a theater. . CR: 91-56 Page 9 2. Deny the conditional Use Permit to construct a theater at 15 8th Avenue South. By denying the conditional use permit the applicant will not be able to construct a theater. The council will have to state findings that support this denial. 3. continue for further information. If the council indicates that further information is needed, the item should be continued. . e \ jb~ II I~ ~ : c 1-1 . m - : . ~ ====;J 1 , -- _.~-~ )> , / -' ~ ~ '1:';0: 8 Z ; ~~ ~ ~ ~ ~ ! ~ .- -, :E :='l:;l '." ~ -DI\ " "c ,-" ~ ~. m ~ g: ~ ~ ~~; S ~ " ~ " " \ ' " . . = ~ .s::: ;to z CIl :xl - - m .. m l!l , -I , 8 ~-J .. .T~ ) ~ , . "' I - SEVENTH AVE. SOUTH \, 0 . i ~ _'0 . ~\O\ \ 0--- ~U:_~~1-7 [ " \ \ I I I \ \ \ /' I \ \ \ _/ I \ '--/ \ \ \ 0eEle0B0 ~ ;~a~'!g ~ ~ ;! ~ -t ~ :01 5 .".~"!. ~g~~SS; J;; ~:~'''E ~ ~~ :~> 'i '" .. ~ i ~~ ~~ . Ul -I J: ::'T1 ~i ~r 0 - I 0 JJ "U r - -~.~ )> Z I = = = = = =="1- --@ = = = - -@ . @ ~~j [( ;2:,' _.~ ,- ,~ ..... .M DCa HOPKINS .. MARCUS CORPORATION . :.... .1HEA TRE PROJECT minnetonka mn. 593'11n - - CITY OF HOPKINS Hennepin County, Minnesota . RESOLUTION NO: 91-21 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING APPLICATION FOR CONDITIONAL USE PERMIT CUP:91-2 WHEREAS, an application by Marcus Corporation for a Conditional Use Permit CUP: 91-2 to allow construction of a theater at 15 8th Avenue South is hereby approved. WHEREAS, the procedural history of the amendment is as follows: 1. That the application for Conditional Use Permit was filed with the City of Hopkins on January 10, 1991. 2. That the Hopkins Planning Commission reviewed such application on February 26, 1991. 3. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a public hearing on February 26, 1991; all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the city Staff and the Planning Commission were considered. NOW THEREFORE BE IT RESOLVED, that application for CUP: 91-2 is hereby approved subject to the following Findings of Fact: . 1. That a theater is a permitted use within the B-3 district. 2 . That the proposed theater meets the zoning requirements. BE IT FURTHER RESOLVED, that application for CUP:91-2 is hereby approved subject to the following Conditions: 1. That the radiant crabs are increased to 2 1/2". 2. That the imperial locust are reduced to 2 1/2 - 311. . 3. That 6-8 additional trees are added along 7th & 8th Avenues. 4 . That the city has an easement for the drive aisle in the applicants rear yard setback on the east side of the building. The applicant will prepare the documents. 5. That the vacation of the alley is approved. 6. That the process of transferring the city parking area to the HRA aid completed (the parking area on the northwest side of the site) . 7. That the applicant improves the appearance of the northwest side of the building in a plan satisfactory to staff. 8. That the applicant replat the subject property at the March Zoning & Planning meeting and completes prior to construction. 9. That the north/south alley is vacated on the site. 10. That canopies are added over all the doors for an accent. 11. That in the future if the theater project creates undue hardship to residents and businesses due to parking, the developer, at his own expense, will remedy the situation within one year. . Adopted this 5 day of March, 1991. Nelson W. Berg, Mayor ATTEST: James A. Genellie, city Clerk ~~ MARCUS Real Estate'Development .ORPORATION February 14, 1991 Ms. Nancy Anderson city of Hopkins 1010 First street South Hopkins, MN 55343 Dear Nancy:, In response to your inquiry on placement of the theater building on the Bursch site, I submit the following: The first premise or constraint we had to take into consideration related to the demands of our tenant. From the beginning, the tenant instructed us that they could not accept an entrance facing North or West. The previous 10th Avenue site had been laid out to accommodate this, also. The explanation we received related to comfort and energy consumption concerns. . Theater's generally have lines outside the building prior to most feature times. Even though we have designed a large vestibule to help minimize the effects of cold and wind, when any kind of line is involved, the interior and exterior vestibule doors are generally held open when these waiting lines occur. Consequently, during a majority of the year when cooler winds are predominantly out of the North or Northwest it is impossible to size a mechanical system which can economically provide a comfort level within the lobby area and even into the auditorium areas. No amount of heat produced can stop the effects of this constant flow of cool air when the vestibule doors are constantly open and there is any kind of wind at all. Even if sufficient volumes could be produced, t~e ~cst ~culd h~ ~st~onomiccl. We can far easier minimize the impact of sunlight and air conditioning through use of a special reflective/insulated glass. The secondary constraint or premise we worked from in our design was to maximize the number of parking spaces to remain on the site. Consequently, our layout had to consider optional parking isle layouts as well as possible future expansion plans and their effect on parking stalls. The design we have submitted takes a site which currently houses an 11,000 square foot building area and 100 stalls, which, by the way the parking isles rely on 7th Avenue for circulation, . and instead produces a site which now houses a 20,000 square 10001 Wayzata Blvd.. Suite 100. Minnetonka MN 55343. (612) 593 1177 . foot building area and 95 parking stalls. with this design we only lost 5 parking stalls, added 9,000 square feet of building area, and got the isle circulation off 7th Avenue onto the site. Our third and final consideration related to interior layout and how it related to the site and its characteristics. We have minimized the size of the building area through a very efficient design of interior space. It is not an easy task to get four different sized auditoriums to relate and function properly within themselves and at the same time design them to relate and function well with lobby areas and other public amenities. Additionally, exiting is a major consideration in the design. The plan we have submitted has good points and bad points from different perspectives, however, it is the best plan to accommodate the above criteria or constraints. In considering the Tenant, weather, parking and physical constraints, we firmly believe we have come up with the optimum plan. . If you have any additional questions, please feel free to contact me. Sincerely, L /'l"CaLL(2d '-~ Mark o. Senn MOSjbjrn . -