HomeMy WebLinkAbout2007 11-15 PCP PLANNING COMIVIISSION AGENDA
CITY OF BROOKLYN CENTER
NOVEMBER 15, 2007
REGULAR SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes September 27, 2007
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. The Luther Companies 2007-017
Special Use Permit approval for an off-site accessory parking facility at 4435 68�' Avenue
North for the storage of vehicle inventory related to the Luther car dealerships in the area.
6. Other Business
a. Expiration of Commission Members Terms
(Commissioners Lund, Parks and Roche)
7. Adjournment
Application Filed on 11-1-07
City Council Action Should Be
Taken By 12-31-07 (60 Days)
Planning Commission Information Sheet
Application No. 2007-017
Applicant: The Luther Companies
Location: 4435 68th Avenue North
Request: Special Use Permit
The applicant, Linda McGinty on behalf of the Luther Companies, is requesting Special Use
Permit approval for an off-site or remote parking facility at 4435 68�' Avenue North for the
storage of vehicle inventory related to the Luther car dealerships in the area.
The property in question is zoned C-2 (Commerce) and is the former site of the Osseo Brooklyn
School Bus Company that built, expanded and operated a school bus storage facility on this site
since the early 1980's. The bus company provided bus service for the Osseo School District for a
number of years, but no longer has the serviee contract with the school district and the facility
has gone unused for some time. The Luther Companies have recently acquired the property and
are proposing to utilize it in conjunction with their automobile dealership operations in this area.
Luther either owns or has the dealership rights for all of the car dealership property on both sides
of Brooklyn Boulevard, between the Freeway and 69�' Avenue North. In addition, they have
other auto dealerships along Brooklyn Boulevard in the Brooklyn CenterBrooklyn Park azea.
As mentioned, the property in question is zoned C-2 (Commerce) and is located between 68`�
Avenue North and Interstate 94. It is b�unded on the west by the North Memorial Health Care
Operational Center; on the north by 68 Avenue with Health Partners, the US Post Office and a
Luther automobile dealership on the opposite side of the street; on the east by the Atlantis Pool
building and the Luther Chevrolet site; and on the south by Interstate 94. The school bus garage
facility was classified as a special use in this zoning district. The special use permit sought for
the proposed off-site accessory parking is camprehended under Section 35-322, Subdivision 3k
as accessory off-site parking not located on the same property with the principal use, subject to
the provisions of 35-701.
The applicant's proposal is to utilize the old school bus storage facility and the existing black
topped area for parking and storage of inventory vehicles related to the Luther car dealerships.
There is an existing fuel"ing station on the site that will also be used for fueling their vehicles.
The applicant has pr.ovided a written summary of their proposal and how it meets the standards
for special use permits contained in the zoning ordinance. It should be noted that they are not
intending to do any vehicle repair on the site at this time and their written proposal has been
modified to reflect this clarification. Again, only inventory vehicle parking, storage and fueling
will be conducted on the site.
11-15-07
Page l
Off-site accessory parking is allowed by special use according to the requirements outlined in
Section 35-701, Subdivision 3 of the zoning ordinance (attached). The off-site parking must
generally be on a property of comparable or more intense zoning (in this case, this site is zoned
C-2 as are the other dealerships in the area). Accessory off-site parking is limited to one site per
business. Currently they are utilizing the old Ryan Olds site for interim storage of vehicles. It
should be noted that the Luther Companies have the Brookdale Buick, Pontiac, GMC dealership
at 6800 Brooklyn Boulevazd; the Brookdale Honda dealership at 6801 Brooklyn Boulevard and
the Brookdale Chevrolet dealership at 6701 Brooklyn Boulevard. It should be noted that the
proposed off-site accessory parking is for inventory, not customers ar employees. The distance
from the furthest point of the accessory off-site lot to a principal lot under Section 35-701 must
not exceed 800 ft. In this ease, the off-site lot is adjacent to their Chevrolet operation. A
minimum of 20 parking spaces must be provided on the off-site lot. Also in this case, there is
room for well mare than 20 vehicles given the inside storage that can be accommodated in the
former school bus garage facility which is approximately 34,000 sq. ft. and blacktop facilities
that can accommodate well over 100 vehicles.
Section 35-701, Subdivision 3 also requires that accessory off-site parking be located such that
pedestrian traffic will not be required to cross major thoroughfares and certain other designated
streets. This limitation should not be a problem with respect to the inventory parking and fueling
proposed. It is doubtful that pedestrian traffic will utilize the off-site accessory lot since no
customers or employees will regularly travel to the off-site lot.
Their proposal is similar to an off-site accessory parking special use permit that was granted to
The Luther Companies for the use of the old bakery building that was located at 4215 69�'
Avenue North and was utilized as such from 1989. That use was discontinued when the building
was demolished and incorporated into what is now the Brookdale Buick, Pontiac, GMC
dealership at 6800 Brooklyn Boulevard. Interim accessory parking has been allowed also on the
old Ryan Olds site and will be discontinued when the site has been redeveloped into a new
dealership by The Luther Companies, hopefully in the relatively near future.
No physical changes or expansions are proposed for the off-site accessory inventory lot and The
Luther Companies will utilize it as it currently exists.
SPECIAL USE PERMIT STANDARDS,
Accessory off-site parking lots are special uses and as such are required to meet the standards for
special use permits contained in Section 35-220 of the city ordinances (attached). The applicant
has submitted a written response to the special use permit standazds (also attached). The written
comments basically address the standards for special use permits which 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 other 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
Page 2
which it is located.
The applicant notes that the previous use of the site was the storage and repair of school buses
and dispensing of fuel for those vehicles. They note that their current need is for storage and
fueling of their vehicle inventory and the location of this on their site will enhance the flow of
their operation for local dealerships, and reduce congestion on their lots and create a use for a
currently abandoned site. The applicant also notes that storing vehicles at this location will allow
for safer and secure storage of inventory and will be compatible with adjacent uses such as
vehicle sales, repair and ambulance storage which are located in the immediate area. They note
that property values will not diminish or be impaired because of their proposed use and their
proposal is consistent with the previous use of the property. The applicant adds that the activity
is essentially similar in nature to the previous use involving the storage and fueling of motor
vehicle buses. They plan no changes to ingress or egress patterns and will utilize the parking
spaces provided indoors and on the asphalt area only. Traffic congestion in the public street is
not anticipated due to their request. Finally they note that their request will conform to the
regulations of the district in which they are located.
A public hearing has been scheduled and notices of the Planning Commission's consideration
have been sent ta surrounding property owners. I've received a phone call from Mr. Scott
Hubbard of Atlantis Pools in response to the notice for public hearing: He does not object to the
proposed use and has indicated that it will be good to have the former school bus site in use.
RECOMMENDATION
Approval of this application is recommended subject to the following conditions.
1. A special use pertnit is granted for off-site accessory parking, storage of vehicle inventory
and vehicle fueling associated with the Luther automobile dealerships in the immediate
area. No sales or servicing of vehicles, other than fueling, is permitted on this off-site lot
at 4435 68` Avenue North.
2. All vehicle parking and storage shall be confined to the building on the premises or
improved asphalt areas on the site.
3. The special use permit is subject to all applicable codes, ordinances, and regulations.
Any violation, thereof, may be grounds for revocation.
4. The applicant shall apply for and be issued a Certificate of Occupancy and be required to
comply with any applicable building code regulations as approved by the Building
OfficiaL
Page 3
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City of Brooklyn Center
Special Use Permit Application
4435 68 Ave. North
Standards for S�ecial Use Permits
A special use permit may be granted by the City Council after
demonstration by evidence that all of the following are met:
1. The establishment maintenance or o4eration of the suecial use will
oromote and enhance the �eneral �ublic welfare and will not be,
detrimental to or endanc�er the nublic health. safetv. morals or
comfort.
The previous use of this site was the storage and repair of school
buses and dispensing of fuel for those vehicles. Our current need is
for the storage,��r' and fueling of our vehicle inventory including
cars, trucks and SUV's. The previously mentioned uses at this location
will enhance the flow of operation for our local dealerships, reduce
congestion on their lots and create use at a currently abandon�ed site.
2. The s�ecial use will not be iniurious to the use and en�ovment of
other oronertv in the immediate vicinit�i for the our�oses already
permitted, nor substantially diminish and im4air oro�ertv values within
the neiQhborhood.
Storing a+��4r�iwg vehicles at this location will allow for safer
and secure storage of our inventory and will blend with the adjacent
uses of vehicle sales, repair and ambulance storage. Property values
will not diminish or be impaired because this use will bring positive
business activity to the site and ensure it is maintained.
fueling vehicles at this site is consistent with its previous use of
r���g-a�1 fueling buses.
3. The establishment of the sQecial use will not imoede the normal
and orderlv develooment and im�rovement of surroundinc� �ro�ertv for
uses permitted in the district.
The storage of vehicles will keep a controlled level of activity in
an orderly fashion. This activity is essentially similar in nature to the
previous use-the storage,�ir and fueling of motor vehicles- buses.
It is also consistent with adjacent uses.
4, Adeouate measures have been or will be taken to provide inQress,,,
earess and narkin4 so desioned as to minimize traffic conQestion in the
nublic streets.
We plan to use the ingress and egress patterns originally
established by the previous owner. We will use the parking spaces
provided indoors and on the asphalt only. Traffic congestion in the
public streets is not an anticipated outcome of our requested use.
5. The soecial use shall� in all other respects conform to the apolicable
reoulation of the district in which it is located.
The requested use of storage�r and fueling of motor
vehicles on this site will conform to the regulations of the district. Our
company will,to the best of its ability, become aware of the required
permitting necessary for our requested uses. All required permitting
will be applied for and applicable regulations will be foltowed.
The Luther Companies appreciates the City of Brooklyn Center's
consideration of this Special Use Permit and welcomes any comments
and concerns.
Respectfully submitte�d,
Linda McGinty
Director of Real Estate and Development
Section 35-700. OFF-STREET PARKING REQUIREIVIENTS. Off-street parking and
loading space shall be provided in all districts in accordance with the requirements of this ordinance.
There shall be no off-street parking, storage of vehicles nor perimeter parking lot driveway within 15
feet of any street right-of-way and this I 5 foot strip shall be planted and maintained as a green strip.
In the case of C 1 and C 1 A districts, there shall be no off-street parking nor perimeter parking lot
driveway within 35 feet of any major thoroughfare right-of-way and this 35 foot strip shall be
planted and maintained as a green strip.
Section 35-701. LOCATION OF OFF-STREET PARKING. All accessory off-street
parking facilities required herein shall be located as follows:
1. Spaces accessory to one and two family dwellings shal] be on the same lot as the
principal use served.
2. Spaces accessory to multiple family dwellings shall be on the same lot as the use
served, within 400 feet of the main entrance to the principal building served.
3. Ordinance required parking spaces accessory to uses located in a business or
industrial district shall be on the same lot as the uses served unless a special use
permit authorizes accessory off-site parking not located on the same property with
the principal use. Special use permits authorizing such parking may be issued
subject to the following conditions:
a. Accessory off-site parking shall be permitted only on properties located in
districts zoned Commercial (C 1, C 1 A, C2) and Industrial (I-1, I-2), and on
properties which are institutional uses in residential zones. Accessory off-
site parking shall be permitted on land having the same or less restrictive
zoning classification as the principal use and may be permitted in more
restrictive zones if the buffer and setback provisions required of the prineipal
use are met on the property containing the off-site accessory parking. For the
purpose of this section of the ordinance, institutional uses in residential zones
shall have the same status as C 1 zoned property.
b. Accessory off-site parking shall be limited to one site per each business or
industrial use issued a special use permit.
c. The distance from the furthest point of the accessory off-site parking property
to the site of the principal use shall not exceed 800 feet.
d. A minimum of 20 parking spaces must be provided on the off-site parking
property.
e. Accessory off-site parking shall be located such that pedestrian traffic will
not be required to cross the following roadways to reach the principal use:
City of Brooklyn Center 35-76 December 3, 2005
1) Major thoroughfares as defined in Section 35-900.
2) SSth and 56th Avenues North between Xerxes Avenue and Brooklyn
Boulevard.
3) Summit Drive.
4) 66th Avenue North between Lyndale Avenue North and Camden
Avenue North.
f. Accessory off-site parking spaces may be credited to the parking
requirements of the principal use if the off-site parking property is legally
encumbered to the sole purpose of providing parking accessory to the
principal use.
g. Accessory off-site parking site improvements shall be provided as required
by the City Council.
Section 35-702. PARKING SPACE STANDARDS. The following minimum parking
standards are hereby establish�d for all districts other than Rl and R2:
2 Space Lengths Plus One Center Aisle
Angle Space Width Curb to Curb With Curb Overlap
90° (Two-way) 8'S" 19.5+19.5+24.0=63'0" 18.0+18.0+24.�60'0"
60° (One-way) 9'0" 20.0+20.0+20.0=60'0" 18.5+18.5+20.0=57'0"
45° (One-way) 9'2" 18.0+18.0+16.5=52'6" 17.0+17.0+16.5=50'6"
30° (One-way) 9'6" 15.0+15.0+16.5=46'6" 14.0+14,0+16.5=44'6"
0° (Parallel) 8'0" wide by24'0" long, with 24'0" aisle
An accurate, dimensioned parking layout which complies with the foregoing shall be
submitted for approval with a site plan, and parking arrangements shall thereafter comply with such
layout. Parking spaces shall be clearly designated by lines painted upon the surface of the parking
area.
Section 35-703. ACCESS TO PARKING SPACE. In Rl, R2, and R3 districts, tandem
parking spaces may be permitted. In all other zoning districts, there shall be provision for
unobstructed ingress or egress for each single car space. Access to off-street areas shall be restrict�d
to driveways 30 feet or less in width. No two driveways on any single parcel of land in a business or
industrial district shall be less than 50 feet apart at the property line.
Section 35-704. MINIMUM PARKING SPACES REQUIRED.
1. Residence
a. Two spaces per dwelling unit
City of Brooklyn Center 35-77 December 3, 2005
City of Brooklyn Center
Special Use Permits Section 35-220
2• Standards for Soecial Use Permits
A special uso permit may be grauted by the City Council after demonstration by evidence that all of the
following are me�
a. The estahlishment, maintenance or operatioa of the special use will promoto and enhaace the general
public welfare and will not be detrimental to or andanger the public health, safety, morals or comfort.
b. The special use will not bo injurious to the use and enjoyment of other propecty ia the immediate viciaity
far the purposes alreadY Permitted, nor substantially dimmish aad impair property values within the
neighborhood.
c. The a4tablishment of the special use will nat impede tho normal and orderly davalopmeat and improvomont
of surrounding ProPertY for uses permi�ted �n the district
d. Adequato measures have been or will be takea to provide ingi�ess. egress �nd parking so desigaed as to
minunizo traffic congestion in the public streots.
e. The special uso shall, in all other respects, conform to the applicable regulations of the dis�ict itt which it
is lacated.
3. Conditions and R,estrictions
The Pianaing Commis�ion may recommend and the City Council may imposa such conditions and ra9�ictions
upon the establishment, locarion, const�vcdon, maintenance and operatiun of the special use as deomed
nocessary for the protection of tha public interest aad to socure compliance with requireanents spacified in this
ordinanco. In all cases itt which spacial usa pertnits ara granted, tho City Council may requira such evidonco
and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith.
4. Resubmission
No application for a special use permit which has been d�ied by the City Council shall be resubmitted for a
parIod of twelve (12) monrhs from the date ogdu final determin$tion by tha City Couac�; mccapt that the
applicant may set forth in writing newly discovered evidenco of chango of conditioa upon. which ha reli� to
gain the consent of tho City Council for resubmission at an earlior time,
S. Revoc�don aad Extension of Special Uae P�mits
Whea a special use permit has baen issued puisuant to the provisions of this ordinance, such permit shall
axpse without fiuther actian by the Planning Commission or tho City Council ualds the applicant his
assigaee or suceessor comm�nces work upon tho subject property within ono year of the date the special use
P�It 8��, or unless 1�eforo the expira#ion of the ono year period the applicant shall apply for an
e�cteosion thcnof by filling out and submittiag to the Secretary of t�e Plaaning Commission a"Special Use
Pe�ait" application requesting such e�ctension and paying aa edditiunal fee in an amount as set forth by the
Clty Council tesolution.
Specia! uso peimity graated pursuant to the provisions of a pr�or ordiaanca of Brooklyn Center shall axpira
within ane year of the effective date of this ordinance if construction upoa ti�e subject propecty purs�aat to
such special use permit has aot commeaced wimin that tume.
In any instance where aa exisdag aad established special use is abandoned for a period of one eyar, the special
use permit ralated thereto shall axpire one year following the date of abandonmaa�