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HomeMy WebLinkAbout2009 06-11 PCPPLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JUNE 11, 2009 REGULAR SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes May 28, 2009 4. 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. 5. Holiday Companies 2009 -003 Request for Site and Building Plan approval and a Special Use Permit to redevelop a new convenience store /gasoline station at the southeast corner of County Road 10 and Xerxes Avenue North (5710 Xerxes Avenue North). 6. Discussion Item: a. Farmer's Market 7. Other Business 8. Adjournment Planning Commission Information Sheet Application No. 2009 -003 Applicant: Holiday Companies Location: 5710 Xerxes Avenie North Request: Special Use Permit/Site and Building Plan Approval Application Filed on 6 -2 -09 City Council Action Should Be Taken By 8 -1 -09 (60 Days) The applicant, John Baregi of Holiday Companies on behalf of the owner of the property, Jay Showalter, is seeking site and building plan approval and a special use permit to redevelop a new convenience store /gasoline station at the southeast corner of County Road 10 and Xerxes Avenue North on property addressed 5710 Xerxes Avenue North. The property in question is zoned C -2 (Commerce) and is 37,474 sq. ft. in area or .86 acres and currently contains a gasoline service station/convenience store with two canopy areas over the pump islands. It is bounded on the north by County Road 10; on the east and south by Brookdale Shopping Center (the Midas/Precision Tune building is adjacent to this site); and on the west by Xerxes Avenue North. The property is surrounded by other C -2 zoned property on the opposite sides of the abutting streets (County Road 10 and Xerxes Avenue) and PUD /C -2 zoned property for Brookdale. The site is also located in the CC Central Commerce Overlay District which acknowledges convenience stores and gasoline service stations as allowable uses. The proposed plan is to demolish the existing structures and to build a new 4,350 sq. ft. convenience store on the southerly portion of the site with five pump islands under a 30 ft. by 136 ft. canopy on the northerly portion of the site. ACCESS/PARKING Currently access to the site is gained from two access points on County Road 10 and one access point on Xerxes Avenue. The applicant plans to close the westerly access on County Road 10 and continue utilizing the easterly access on that right of way. The Xerxes Avenue access will basically be unchanged. They have reviewed their plan with Hennepin County which is in agreement with the access arrangement on County Road 10 and the applicant is subject to Hennepin County's permitting process. As mentioned previously, the existing building, canopy and dispensing stations will be demolished. Underground tanks will be removed and new tanks will be provided at the northeast corner of the site. Five new dispensing stations will be provided under a new canopy along the north side of the site. One of the site plans provided shows the ability for a gasoline transport to access, maneuver and exit the site given the location of the proposed structures on the new plan. Parking for the 4,350 sq. ft. convenience store is 24 spaces, not the 19 spaces calculated by the applicant and indicated on the site plan. This parking requirement is based on the retail parking 6 -11 -09 Page 1 formula of 5.5 parking spaces per 1,000 sq. ft. gross floor area. The plan shows nine parking spaces located in the front of the building and seven parking spaces to the northeast of the building along the southeasterly property line. The applicant is requesting credit for a minimum of five parking spaces at the pump islands which are allowable giving them 21 spaces, three short of the minimum requirement. Additional parking (six 90 degree parking stalls or two parallel parking stalls) can be provided at the northeast corner of the site above the location for the relocated tanks. We don't believe it is necessary at this time to designate the spaces but the owner of the property should execute a "proof of parking agreement" acknowledging that they will install the necessary parking spaces up to 24 stalls if parking becomes a problem on the site as determined by the city. The building to be located on the south portion of the site will meet, or exceed all building setback requirements for this site. These setback requirements are 35 ft. from the Xerxes Avenue right of way or property line (front), 25 ft. from the County Road 10 right of way or property line (side corner). Ten foot building setbacks from the other property lines, which are interior property lines, are also required. The southeast corner of the building which is set back 3 ft. from the property line is an allowable encroachment into the setback requirement per Section 35 -400, Footnote 3d, which allows buildings setbacks for commercial and industrial buildings to be less than 10 ft. but not less than 3 ft. from not more than one interior lot line provided all other setback requirements are met, no accessory buildings are located within the remaining interior yard and the wall of the building that is less than 10 ft., conform with in all respects with the requirements of the State Building Code. Fifteen foot green strips between the property line of abutting streets and the parking and driving lanes are also required and are provided for on the site plan. The city is planning a 10 ft. wide trail along County Road 10 as part of the Streetscape Improvements Plan for this roadway. We have requested, and the owner has agreed, to provide an easement over approximately 7 ft. adjacent to the right of way and within the 15 ft. green strip for this purpose. We have also requested and the owner has agreed, to provide an easement along Xerxes Avenue for the area where bus benches and a shelter are located. Such easements shall be subject to the City Engineer's approval and should be provided prior to the issuance of building permits for this project. GRADING/DRAINAGE/UTILITIES The applicant has submitted grading, drainage, utility and erosion control plans which are being reviewed by the Director of Public Works' /City Engineer. His written comments are provided and will be attached as part of the record for this application. The site is to be bound by B -612 curb and gutter and parking and driving areas will be bound by this as well except for a transitional area of B -412 curb and gutter located around a parking protector area at the northwest comer of the building. The City Engineer has agreed to allow this type of curb and gutter so that gasoline transports can negotiate this corner more easily when making deliveries to the site. Storm drainage will be collected in five new catch basins located around the site and connected to storm sewer within the County Road 10 right of way. Existing on site sewer and water connections will be abandoned with a new water line proposed to connect to the south side of the building and tied into the water main within the Xerxes Avenue right of way. Sanitary 6 -11 -09 Page 2 sewer will be connected along the west side of the building and tied into an existing sanitary sewer at the northeast corner of the site. The site is under five acres in area and no Watershed Management Commission formal approval is required. LANDSCAPING The applicant has submitted a landscape plan in response to the Landscape Point System (copy attached) utilized by the Planning Commission to evaluate such plans. This .86 acre site requires 80 landscape points. They propose to provide a total of 106 landscape points, which exceeds the minimum requirement for the site. Five shade trees including two Northern Pin Oak and three Skyline Honey Locusts are planned. The Northern Pin Oak would be located within the green strip along Xerxes Avenue while the Honey Locust will be located in a 10 ft. green area along the easterly property line. Four Swiss Stone Pine (coniferous trees) are provided, three to the south of the new building and one in a parking protector area just to the northeast of the building and separating the two portions of the parking facilities. Four Autumn Brillance Serviceberry (decorative trees), three to the east of the building and one at the southwest corner of the site are shown on the plan. Fifty shrubs including Snowmound Spirea, Grey Owl Juniper, Marie Bugnet Shrub Rose and Little Blue Stem are provided as foundation plantings to the west of the building and in planting groups within the approximate 7 to 8'/ ft green strip located along County Road 10. Underground irrigation will be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of the City's Zoning Ordinance. BUILDING The applicant has submitted a floor plan and building elevations for the proposed new building. The building exterior will be primarily brick with rock face CMU along the lower portion of the building with an EIFS finish on the front with a dark bronze anodized display windows also on the front. The brick will be a Tudor blend (brown) with the rock face CMU a Vienna Brown color with the EIFS a white color. The canopy over the pump dispensers will not have an illuminated face but will have a colored white panel with a red and blue stripe. The columns supporting the canopy will be a brick enclosure. The underneath side of the canopy will light the area beneath it. LIGHTING/TRASH The applicant has also submitted a lighting plan indicating the proposed photometric plan for the site. It appears that they propose to provide six freestanding light standards around the perimeter of the parking lot and decorative wall mounted light fixtures on all four sides of the building. The photometric plan indicates that foot candles at the property line will not exceed one which is less than the minimum allowed by Section 35 -712 of the ordinance. Per the ordinance, all fixtures should be shielded and light directed on the site in such a manner as to avoid glare to 6 -11 -09 Page 3 abutting properties. The lights in the canopy should be flush with the canopy so that this light is concentrated on the site, again not creating glare off site. The trash enclosure area will be southwest of the building and be accessed off Xerxes Avenue. The plans indicate that the enclosure will be a brick/rock face CMU with 1 ft X 6 ft cedar board gates. The exterior material will match the existing building. The plan also indicates roof top mechanical equipment will be screened by texcote panels to match the color and texture of the EIFS on the front of the building. SPECIAL USE STANDARDS Gasoline service stations are special uses in the C -2 zoning district and as such must meet the special use permit standards contained in the zoning ordinance. The site has existed as a special use on this corner for many years and to our knowledge has complied with these standards during that time. We do not anticipate, given the plans as submitted, that the proposal will be in conflict with the standards for special use permits. These standards generally require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of the property in the immediate neighborhood, nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located. We believe that the applicant has in all cases met these standards with their new proposal. The access along County Road 10 is acceptable to Hennepin County and appears to be a better arrangement than what currently exists. It certainly does not appear that the operation will interfere with the use and development of neighboring property and the design and site layout meet standards required for building, parking and landscaping improvements on the site. The proposal will conform with all applicable regulations of the district in which they are located and no variances or special accommodations are required. In general, we would state that the proposal meets the standards for special use permits contained in the city's Zoning Ordinance. A public hearing has been scheduled with respect to the special use permit and notices have been sent to surrounding property owners. RECOMMENDATION We believe the plans are in order and approval is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 6 -11 -09 Page 4 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may approve a lesser standard in deference to plan considerations. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of the utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The owner of the property shall enter into an appropriate trail easement within the green strip area along County Road 10 and an easement for the bus bench/shelter area along Xerxes Avenue as approved by the City Engineer prior to the issuance of building permits. 13. The owner of the property shall enter into a proof of parking agreement to provide up to 24 parking spaces on the site upon a determination by the City, to be constructed within one year, that such parking is needed. 14. The applicant shall obtain formal approval of the access arrangement along County Road 10 from Hennepin County Transportation Department and any necessary permits prior to the issuance of building permits by the City. 6 -11 -09 Page 5 -5 R 1 T Planning Commission Application No. 2009-003 1/2 AV VE ET NORTHPORI SCHOOL 1 1 1 1 i 1 1 1 1 1 1 1 i 1 1 1 rarFrPIMI i...._ 1 1 1 1 I '7; 4, R7 14 tn a COMI DISTF co A LOGISMap Output Page II�II�10.1! Ii •n•Midiii:li:il:l Page 1 of 1 http: /gis.logis. org/LOGIS_ ArcIMS /ims ?ServiceName= bc_LOGISMap_O V &ClientVersion... 6/4/2009 MEMORANDUM DATE: TO: FROM: SUBJECT: June 4, 2009 Gary Gilpin. Bruce Johnson, Engineering Technician Supervisor Holiday Station Store Plan Review (Public Works Requirements) The following items need to be revised and/or addressed pertaining to the review of Holiday Station Store site Phase 1 plans (plans dated 06/01/09 and stamped date received June 2, 2009): 1. On the Alta Survey provided by BDM, make existing curbing darker. 2. Permanent trail easement needed along north property line (minimum 2 -ft beyond back of trail). 3. Permanent trail easement around existing bus bench and landscape area is needed along Xerxes. 4. Storm sewer is proposed across County Road. Crossing must be perpendicular. 5. All utilities within public right of way must be shown in profile with all design parameters detailed. 6. Adjust proposed sanitary sewer service route to limit storm sewer crossings to one. 7. County permit is required for any work on County 10. 8. Submit plan to Hennepin County for review and approval. 9. Provide maintenance schedule and owner's manual for oil skimmer. 10. Remove all existing storm sewer, sanitary sewer and watermain /service line (internal and external to site) that is no longer needed for the proposed permanent systems. 11. Confirm needed and required size of water service. 12. If new water service is installed, the old service must be abandoned and removed at the existing watermain and new water service must be installed in the same trench. 13. Directional drill new water service, no open cut across Xerxes Ave. 14. Road repairs on Xerxes match existing, 6" class 5, 2" LVNW 35035B with 2 -2" lifts of MVWE 35035C. 15. Any concrete work on Xerxes must match color and finish. 16. Coordinate boulevard landscaping amenities within City and County right -of -way areas such as walls and plantings to match the theme on Xerxes. 17. Confirm nothing will be constructed within the required clear view sight triangle. 18. Site must be irrigated. 19. Coordinate grading plans with proposed Bass Lake Road project; grade the north boulevard, 4% green space, 2% trail and 4% green space, design parking lot to tie into those grades. 20. Boulevard section must include, 1.5 -ft colored concrete (from back of curb), 5 -ft green boulevard, 10 -ft trail, minimum 2 -ft green area. 21. Verify that pavement section is heavy duty through the truck path areas to support heavy fuel truck delivery. 22. Show silt fence around the entire perimeter and indicate erosion control measures for the apron removal on Bass Lake Road. 23. Install rock entries for both aprons. 24. Certified as -built survey must be provided to the City upon the completion of the project. This must be received prior to releasing the project performance bond. 25. Inspection for the site improvements must be performed by the developer's engineer. The developer's engineer must certify that the project was built in conformance with the approved plan in connection with the certified as- builts. The engineer must be certified in the state of Minnesota. Planting Type Shade trees (Deciduous, Maple, Linden, Ash, Oak, Locust, etc) Coniferous Trees (Pine, Spruce, Cedar) Decorative Trees (Russian Olives, Radiant Crab, Canada Red Cherry, etc) Shrubs (Dogwood, Spirea, Mockorange, Juniper, Arborvitae, etc) City of Brooklyn Center Landscape Point System 1. Landscape Plantings will be provided on the site based on the point system indicated below: Minimum Size Points/Planting Max. of Points 2 /2" diameter 5' height 1" diameter 12" diameter 10 50 6 40 1.5 35 .5 25 Points Required Per Acre The following schedule will be used to determine the required number of points for a given site. The schedule is cumulative so that the first two acres of any site will require points on the basis of the column headed "0 -2 the next eight acres will be computed on the basis of the column headed "2 -10 and, area over ten acres will be computed on the basis of the column headed "10 Land Area of Site in Acres Type of Development 0 -2 2 -10 10+ Office 1 100 180 160 Restaurant Retail /Service/Entertainment /Hotels 80 60 40 Light Industrial 75 60 50 Heavy Industrial 60 150 140 Office/Industrial (Over 25% office) 90 70 50 Multi- Family Residential 90 75 60 Examples Six acre office site 2 acres @100 plus 4 acres 80 520 points Fifteen acre retail/restaurant 2 acres 80 plus 8 acres 60 plus 5 acres 40 840 points 2. The above point system in no way substitutes for the screening and buffer requirements set forth in the Zoning Ordinance. Plantings used for screening purposes will be accorded points, but fulfilling the point requirements will not obviate the requirements for screening. 3. Mature existing trees will be accorded points on the basis of the above point schedule. A bonus equal up to the full value of a given planting may be granted by the Commission for the preservation of large existing plantings. 4. All green areas on a site will be sodded except in areas where viable turf exists and is totally undisturbed by construction. The burden will be on the developer to prove at the time of a site inspection that such viable turf, in fact, exists and has been properly maintained. 5. All greenstrips adjacent to an interior property line will be a minimum of 5 ft. in width except in cases where special buffer provisions apply. 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DO f '1h11 p. d a 4 t fist h Nile; 1 1 1 41, Illlllllllll�ll lllllllllll�llllllllllp 1 11111 11 11111 11 11111 11 111 1 ,111 II IIII }w www ww1NIllYil IIIIIIIIII1,1j1,1,11NINIINI11 1111111111 N `jelue3 LtAmooJ 3 "IO1SN'I LL' '1S a 83 IIIIIIIIIIIIiIIiIIIIIIIIIIIIIIIIIIIlll11111 Ih II IIII 11 �wlNll Il�w��. as a6eu6is suoi1enag Aiioue3 ir o1 o v iv o N anisNolivis,11, Ai W `Jawao uApioaig 0 F- 0 w MEMORANDUM TO: From: DATE: SUBJECT: Page 1 Planning Commission Members Gary Eitel, Director of Business and Development lit June 8, 2009 Discussion Regarding Expanding an Administrative Permit to Allow a Farmer's Market to operate within the Brookdale Mall Parking Lot on 18 Days Between June 21, thru October 18, 2009 Pronosed Farmer's Market The City has received a request allow the operation of a Farmer's market within the Brookdale Center parking lot on Sundays from 9:00 a.m. to 1:OOp.m. during the summer and fall of 2009 June 21St to October 18th. The request has been approved by the Brookdale Mall management to occur within the eastern portion of the mall parking lot (previously identified as the Wal -Mart lot). The applicant has indicated that the goal for this year's farmer's market would be to have 25 vendors that would provide a variety of produce, crafts and food stands. The applicant has also indicated a preference to expand the market up to 50 vendors and is considering other sites that could provide a long term location, such as the Hennepin County Library site or the Brooklyn Center High School site. Zoning The Brookdale Mall is zoned PUD /C -2 (Planned Unit Development Unit Development/ Commerce). The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and sensitive site features, conserve energy and ensure a high quality of design. The Planning Commission has reviewed and recommended approval of development plans for the Brookdale Mall: March 9, 1999 Development plan for the expansion, redevelopment and rejuvenation of Brookdale Center. September 17, 2007 Development Plan to allow the construction of 184,500 sq. ft. Wal -Mart Super Center. The PUD provisions provide that any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. Attached is a copy of the 2007 revised development plan with the proposed location of the farmer's market. Administrative Permits: Section 35 -800 of the zoning ordinance allows the city's zoning official to issue Administrative permits for the following purposes or uses: 1. Tents, stands and other temporary structures for church functions, civic functions, charities, carnivals, and similar purposes for a period not exceeding 10 days. The permit fee shall be as set forth by City Council resolution. Certificates of insurance may be required to assure the public welfare 2. Out of door retail sale, storage and display of merchandise or offering of services when accessory to or promoting a permitted use or a special use within a nonresidential zoning district as follows: Attached is a copy of Section 35 -800 for you reference. With respect to the above provisions of the zoning code, I would like to discuss two options: 1. The provision, a period not exceeding ten days for church functions, civic functions, charities, carnivals and similar purposes. Page 2 a. The out of door retail sale, display, and storage of nursery and garden merchandise, including lawn furniture and equipment, for a period not to exceed 30 consecutive weeks in any one calendar year. The permit fee shall be as set forth by City Council resolution. b. Miscellaneous out of door retail sales or displays or promotional events for periods not to exceed 10 consecutive days. Two such 10 day permits may be allowed per premises per calendar year. The permit fee shall be as set forth by City Council resolution. Question: Does this provision relate exclusively to non profit activities or does the inclusion of carnivals expand the similar purposes to include an activity, such as a farmer's market? Question: Is it reasonable to imply that the term period, could mean a time period from June to October in which not more than ten dates could be used? Question: Would it be reasonable to exercise the flexibility referenced within a PUD to allow a seasonal administrative permit for a farmer's market as part of a commercial use? 2. The other option is to expand the provisions for a period not to exceed 30 consecutive weeks for outdoor retail sale, display and storage of nursery and garden merchandise to include a farmer's market. Page 3 Question: Could the farmer's market be used as a pilot event from which the City would develop a definition of allowable activities, uses and parameters for operation for future farmer's market applications? Section 35 -800. ADMINISTRATIVE PERMITS. No person shall use his property or /and assist, countenance or allow the use of his or of another's property located within the municipality for any of the following purposes or uses without first having obtained a permit from the City zoning official. The use shall not for the duration of the permit, considering the time of year, the parking layout for the principal use, the nature of the proposed use and other pertinent factors, substantially impair the parking capacity of the principal use or impair the safe and efficient movement of pedestrian and vehicular traffic either on or off the premises. A waiver from certain provisions of the sign ordinance and from certain parking requirements of this ordinance is implied by the granting of an administrative permit, but only for the duration of the permit and to the extent authorized by said permit. 1. Tents, stands and other temporary structures for church functions, civic functions, charities, carnivals, and similar purposes for a period not exceeding 10 days. The permit fee shall be as set forth by City Council resolution. Certificates of insurance may be required to assure the public welfare. 2. Out of door retail sale, storage and display of merchandise or offering of services when accessory to or promoting a permitted use or a special use within a nonresidential zoning district as follows: City of Brooklyn Center Off -site signs promoting or announcing civic functions or community events may be authorized by the City Council for a period not exceeding 10 days provided: a. The off -site signs are located on private property in the Commercial (C1, CIA, and C2) or Industrial (I -1 and I -2) zoning districts. b. The off -site signs are limited to no more than five locations; and c. There are no more than one sign per location. Permits for such signs will be considered independent of any other permits authorized by this section of the ordinance. The permit fee shall be per sign location as set forth by City Council resolution. a. The out of door retail sale, display, and storage of nursery and garden merchandise, including lawn furniture and equipment, for a period not to exceed 30 consecutive weeks in any one calendar year. The permit fee shall be as set forth by City Council resolution. b. Miscellaneous out of door retail sales or displays or promotional events for periods not to exceed 10 consecutive days. Two such 10 day permits may be allowed per premises per calendar year. The permit fee shall be as set forth by City Council resolution. 35 82 December 3, 2005 319NIHS i y il g ,,c I g j Li o 0 q D W a d ®Id n J O Z 6vi 1 �k S la d g= CD 1- CC CO a 1 i I R s I I 1 g I 1 1 CC 1 Look 900L-eca CM) XV4 ooto -eze MO H K nn .0.0 01., a 2 .,,�,a .saw 1 asst .la \I4aav .xev.ar ..a..aryeu3 I ou! uos10 uaulped dJoy1 uesueH L. 1 21V '3llIANO1N313 '3N1 '5321015 1MVW 1VM V10S3NNIY'1 AINf100 213MOW NI1S(1V JO A11 tsz,on 3NOJ$ L NI3041lS Mif R z W 1 g Mr swan 1/ 1 Contact Information or to be a vendor call: Paome Yang 763- 742 -5565 Brooklyn Center FARMERS MARKET At Brookdale Mall Farmers Market coming to Brooklyn Center in June. Come shop, and make some bargaining. Come out and enjoy the summer weather. Grand Opening is June 21, 2009 on Father's Day. June 21— October 11 Every Sunday from: 8:00 AM -1:00 PM