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2003 05-15 PCP
• PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER May 15, 2003 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - May 1, 2003 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. KPM Properties, Inc. & O'Neill Construction 2003 -005 • Request for Preliminary Plat approval to subdivide the lot at 5024 France Avenue North into two lots. 6. RTM Restaurant Group 2003 -006 Request for Special Use Permit and Site and Building Plan approval to construct an 80 seat, 3,286 sq. ft. Arby's restaurant with a drive -up window at 5444 Brooklyn Boulevard. 7. Mr. & Mrs. Tony Yang 2003 -007 Request for a Special Use Permit to operate an adult day care facility at 5650 Lilac Drive North. 8. Other Business 9. Adjournment • Application Filed on 4 -24 -03 City Council Action Should Be Taken By 6 -23 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -005 Applicant: KPM Properties, Inc. and O`Neil Construction Location: 5024 France Avenue North Request: Preliminary Plat The applicant, KPM Properties and O'Neil Construction, is seeking Preliminary Plat approval to subdivide the lot at 5024 France Avenue North into two lots. The property in question is zoned R -1 and is located on the east side of France Avenue North, between 50 and 51 Avenues North. It is surrounded on the north, east and south by single family residences and on the west by France Avenue North, with a single family residence on the opposite side of the street. The proposed plat which is to be known as O'Neil's Addition currently has a metes and bounds description and would be divided into two buildable lots (Lots 1 and 2). The southerly lot (proposed Lott) would be 74.64 feet wide, 133.10 feet deep and 10,078 sq. ft. (.2313 acres) in area. It would contain a single family home, a single car garage and a 144 sq. ft. screen porch to the rear of the lot. The northerly lot (proposed Lot 1) would be 75.04 feet wide, 133.10 feet deep, and 9,833 sq. ft. (.2257 acres) in area and would contain a 738,84 sq. ft. double garage. This lot is proposed for development in the near future with a single family home. • The Zoning Ordinance requires single family interior lots to be a minimum of 75 feet wide at the front building setback line and 9,500 sq. ft. in area. The proposed lots meet these standards. The structures on the lots meet the minimum building setback requirements from the proposed front, side and rear lot lines. The house and garage on the proposed Lot 2, however, are less than 6 feet apart at one point. This is a pre- existing, non - conforming situation, which is not affected by the proposed division and can continue. The proposed division does not create or aggravate this situation. It should be noted that the property line separating the proposed Lots 1 and 2 is not a straight line. It jogs slightly at a point 52.47 feet east of the France Avenue property line. The purpose of this property line jog is to meet the minimum side interior building setback requirement for the two accessory buildings. A minimum 3 ft. setback is required from the interior lot line for these structures. A chain link fence is shown extending from the northeast corner of the single car garage to the rear property line. Although it is not required that fences be on or near property lines, it might be beneficial to move this fence closer to the proposed new property line separating the lots. We would recommend that it be within 6 inches of the lot line if it is moved. A point of concern is the garage on the proposed Lot 1. The Zoning Ordinance allows garages only as accessory buildings to a principal building, in this case a single family home. No single • 5 -15 -03 Page 1 family home would exist on this lot when it is created. It is the applicant's intent to eventually build a single family home on the newly created Lot 1. Such a home would have to have ground coverage equal to or larger than the ground coverage of the garage. At the time the applicant files the final plat, we would recommend that they either have made application for a building permit to construct a single family home or have executed an agreement with the City, and posted a financial guarantee to assure, that the garage is removed or demolished within at least one year. It should be clearly understood that the garage cannot be left indefinitely on the lot without a principal building being constructed. The preliminary plat shows a proposed 5 ft. wide drainage and utility easement along the rear property line of the two lots. Sanitary sewer and water are in the France Avenue North right of way and serve the house on the proposed Lot 2. Sanitary sewer is shown stubbed to the property line for the proposed Lot 1. The Director of Public Works /City Engineer is reviewing the proposed subdivision and will be submitting his written comments for the Planning Commission's review. A public hearing has been scheduled for this preliminary plat application and notices of the Planning Commission's consideration have been published in the Brooklyn Center Sun/Post. R F.COMMEND A TT(�N This preliminary plat appears to be in order and approval is recommended subject to at least the following conditions: • 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Prior to the release of the final plat, the applicant shall have either made application for a building permit to construct a single family home on the proposed Lot l or executed a performance agreement and posted an appropriate financial guarantee to assure the removal of the garage on the proposed Lot 1 within on year. In no event shall there be an accessory building on the proposed Lot l within one year following the filing of the final plat unless there is a properly constructed single family home on said lot. 4. The Final Plat shall be modified to show a 5 ft. wide drainage and utility easement along the north property line of the proposed Lot 1, as recommended by the City Engineer. 5 -15 -03 Page 2 • e t S j or m$e F rAE3 .� wvnm . E l l ■s mm �... ,,,,,■, } mm mmm Ins owl 2A w Muni _r �� - - -- t 1 �{ C I l '. ; L 6 I t — U L Prepared by NV= NO 65443 FBJNO. LOT SURVEYS COMPANY, INC. SCALE* 1" LAND SURVEYORS • Dwetee k— mom.-A REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA • 0—t- M-4 Feed 7801 73rd Avenue North 763-560-3083 Fax No. 560-3522 Minneapolis. Minnesota 55428 burveyvirs (gertifiratir PRELIMINARY PLAT O'NEILLS ADDITION CITY OF BROOKLYN CENTER HENNEPIN COUNTY PREPARED FOR: KPM PROPERTIES INC C/O PETER MEYERS I 0— = men— I PHONE 651-291-5449 1— A— N pie #1=1 j 33 I I� � h� I "' Neame I W W ni W 44 W 'W A. M , 11 17F mm U IZrr 114. AC 114. =. 10 0—. L C. Liemlebak 51ST AXENUE N. I. I 0 =7 E pie pj ��E"A�= — — — — — — — — — — — — a ss : 03 .5 --------------------- II ---- -- ---------- - - - - - ------------ W-AL --- -------- PROPOSED DRAiNAGE EASEMENT I 1 0 1 0— Robert mdkwln blt-W— Wi—ey I I S8� 35" pd FICF�� 242 :.7 ei 52.47 J 80.59 7' se 7 NWJ -- — — — — — — — — — — - - - -` W E Zz" in, q lid d . M - p — h• me UWE gge jai Z it AeAm 2 - + hs' R 0—; 0—. cm. 51M A— N CwA. W TV ' 11 1" aid =21 24-00111 pd #1A 2i� 3= IaS•17' 25 133.10 ar ava N-A, 0— Fkherd Be" So aid #J ------ 4fs { I i L 1=t— N pid #14=21=13-0043 EXISTING LEGAL DESCRIPTIOAt The East 133.0.3 feet of the West 163.03 feet of the North 150.00 feet of the South 4113.00 feet of the Northotest Ouarter of the Souttmest Guarter of the Northeoet Ouarter of Section 10, Township It& Range 21, Hennepin County, Miinnesoto. PROPOSED LOT AREAS Area of Lot I is 9833 eqft (0.2257 acres) Areo of Lot 2 is 10078 sqJt (02313 oCrCS) Underground utility information from the city of Brooldyn Center records Property zoned Residential The only eamTents shone we from plate of #voord a infornwtion t17 by cli 1, hweby my "mg Min is 0 true end coned fWe"Matice of �y of the bowmWm of the above m� dcnbed iond and the of . end -i-ibw an—ad—u, if any.f or On land Signed cheri. r. A-dwsom. minn R*% m-2 Prq-w by Gr.Wy R. P-0, Men Reg. ft.24992 or • MEMORANDUM DATE: May 9, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: O'Neills Addition — Preliminary Plat The Preliminary Plat for O'Neills Addition was reviewed for engineering and utility issues. The site is located east of France Avenue N. and south of 51 Avenue N. The following comments are provided for your consideration. 1 The Preliminary Plat was forwarded to Hennepin County for review on May 6, 2003. Comments provided by Hennepin County will be forwarded to the Owner. 2. Both of the existing garage buildings are located less than 5 feet from the proposed • property line. 3. A 5 -foot wide Utility and Drainage Easement shall be added along the north property line of Lot 1. 4. A Utility Connection Fee will be required at the time that water and sanitary sewer connections are completed for Lot 1. 5. Correct the spelling of the word "Avenue" for 51 Avenue N. GADepts\Public Works \Engineering \Development & Planning \O'Neills AdditionTreliminary Plat.doc • Application Filed on 5 -1 -03 City Council Action Should Be Taken By 6 -30 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -006 Applicant: RTM Restaurant Group Location: 5444 Brooklyn Boulevard Request: Special Use Permit/Site and Building Plan Approval The applicant, RTM Restaurant Group, is seeking site and building plan approval and a special use permit to construct a 3,286 sq. ft., 80 seat Arby's restaurant on the lot located at the southeast corner of 55t Avenue North and Brooklyn Boulevard (5444 Brooklyn Boulevard). The property in question is zoned C-2 (Commerce) and is 35,719.9 sq. ft. (.82 acres) in area. It is bounded on the west by Brooklyn Boulevard; on the north by 55 Avenue; on the east by a shared access drive with the Firestone tire store (5445 Xerxes Avenue North) on the opposite side of the access drive; and on the south by the combined Kentucky Fried Chicken and A & W restaurant. Convenience food restaurants such as this are special uses in the C -2 zoning district. AC'.(''E PARKTNCT Access to the site is gained through a 40 ft. wide private roadway easement leading from 55` Avenue North to the K & G clothing store property. This access drive serves this site, the KFC /A & W site, the Firestone site and the K & G site. No access directly to this site from Brooklyn Boulevard or 55` Avenue North is proposed. Three access drives from the roadway easement are provided for the proposed Arby's restaurant site, which are located approximately across from the accesses serving the Firestone tire store. Two lead to and from the parking lot, while the third is from the drive -up window lane. The building will be oriented to the south portion of the site with a drive thru lane going in a counter clockwise fashion around the west and south sides of the building. The pick up window will be on the south side of the building. The main parking area, including handicap parking, will be on the north side of the building with 86 parking spaces including two handicap parking spaces in the parking lot. Parking for this site is based on the restaurant parking formula which requires one parking space for every two seats and one space for every two employees at the maximum shift. The plan calls for 80 seats in this 3,286 sq. ft. building. The 46 parking spaces will accommodate the 80 dining seats and up to 12 employees at the maximum shift. The drive thru lane will access the shared roadway at the southeast corner of the building. • Page 1 5 -15 -03 } i GR ADINCTIDR ATNAGEA UTT TTTF4 B -612 curb and gutter will be provided around all parking and driving areas. Drainage in the parking lot is handled by two catch basins in the approximate center of the lot. Catch basins are also provided in the drive up area at the southwest and southeast corner of the sites and tied in to existing storm sewer. Sanitary sewer is located on the southeast side of the building and water is to the south. The grading, drainage and utility plans are being reviewed by the Director of Public Works /City Engineer and his written comments are attached for to the Planning Commission's review. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This .82 acre site requires 80 landscape points. The applicant's proposal is to augment the already existing landscaping that was planted around the perimeter of the property by Welsh Company's, developers of the K & G and KFC /A & W sites. This landscaping includes perimeter plantings in the green strip areas along Brooklyn Boulevard and 55 Avenue North. Shade trees such as Maple, Linden and Birch have been planted in these areas along with shrubs such as Grow Low Sumac, Red Flame Miscanthus Goldsturm Rodbeckia, Gold Mound Spirea, Sedum Autumn Joy and Dogwood among other plantings and shrubs. Decorative trees • include Crab Apple. The augmented plantings, which will be located around the perimeter of the Arby's building and in island landscaped areas include four Sugar Maple, two Serviceberry, and three Techney Arborvitae. Shrubs include Glode Arborvitae, Sea Green Juniper, Darts Red Spirea, Dwarf Burning Bush, Bravado Coneflower and Hosta. The additional plantings around the perimeter of the building and in island areas add 125.5 landscape points to the total for the site. The total plantings on the site well exceed the minimum landscape points required for this development. BT I DT)TNCT The building exterior is proposed to be a combination of smooth face block, corduroy accent block, scored smooth field block and rock face field block in various shades of brown with burgundy and red accent. A prefinished standing seam metal roof, red in color, is located over a clear insulated glass accent piece at end of the building. Red neon and awnings are also used as accent. The accent piece of the building will be located facing Brooklyn Boulevard with store front windows on the northwest and south elevations. The floor plan shows the common seating area and service area as well as the layout for the restaurant, kitchen and cooler space. As pointed out previously, there will be,seating for 80 customers and enough parking to accommodate up to 12 employees at the maximum shift. Page 2 • 5 -15 -03 • T .TCTHTTNCT /TR A SH The applicant has submitted a lighting plan showing photometrics and the location of seven freestanding lights approximately 25 ft. tall. The foot - candles shown do not exceed the standards outlined within the City's Zoning Ordinance. The light fixtures will be a shielded box shaped fixture directing light on to the site. No glare should emanate from, or be visible beyond the boundaries of the property. The plan shows the location of the trash enclosure to be easterly of the building. It will be an 8 ft. high masonry structure to match the building exterior and contain a solid steel gate painted to match the masonry finish. SPRCTAT. TTSF. STANDARDS Convenience food restaurants are special uses in the C -2 Zoning District and as such must meet the Special Use Permit Standards contained in Section 35 -220 of the City Ordinances (attached). These Standards for Special Use Permits require that the proposed special use will 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 which it is located. The applicants believe that their proposal will fit into the surrounding uses of property both aesthetically and use wise and will not be detrimental to the general public. They also believe their proposed use and development will not substantially diminish and impair property values within the neighborhood given the plan they a have submitted. They believe their proposed use will provide the community with an alternative quality restaurant, which can be safely accessed by pedestrians and vehicular traffic. Their proposal will be arranged and operated so as not to interfere with the use and development of neighboring property and they believe their design standards meets required building, parking and landscaping requirements. Their proposal should conform with the applicable regulations of the district in which they are located. In general, the staff would concur with the above and we believe 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 this special use permit and notices have been sent to surrounding property owners. RF.COMMFNDATTC)N We believe the plans are generally in order and approval is recommended subject to the following conditions: Page 3 5 -15 -03 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. 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 site improvements. 4. Any outside trash disposal facilities and rooftop 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 driving and parking areas. 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 utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance shall require an amendment to this special use permit. 12. This special use permit is subject to all applicable codes ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. Page 4 5 -15 -03 RIli R! � 1 +21s'-will ill �_ � �_� ■1����� ` AM. - ;+ 111 211 11���► ` /I�i T Irk ��i i11i��11► � � �i� �� err %'� �re��� �.� , � � � - _ � -, a �. l �irr r�rt�► - mass WWI M mm mom 1 _may _I" ..�� _wd __ AM R5 i AP • - 1 1 I � - , , �. _■ PO A U 111111 -_ 11 1111Cu���lIIII 111 111ML-1 or MMU Mm j �[" _stJ _�� r ' /Ll Q i ������ ♦ F:, �. y T �, „ b1 ®U Mu- �E� Mm Mal w1w �� .1 •► , r 111�111111� � �� MM ' PRELIMINARY NOT FOR CONSTRUCTION low NORTH 55TH AVENUE A r b ° 6 0' Jam , •r` ( \ ti21130• E 69. ` 4., -. SCALE: 1" = 20' a �. L \\ SITE PLAN LEG1ErlD M° \ \i \ E k OA Nw Asphdt Powmant for P.4*19 Let j S �� •J , m� = (Sea Cm.W°tim Dotal.) �{ /' q \ 1• O 6' Combined Mtn d walk and Curb '1 end � ° a Concrete Straight Ca b �a // `. . ►j � a ` W ('• _ ' ;i ° Conwete Drina - 6' Stack *. rn Stained ofth ft Min. 4000 pin i ?'� °� �� %aa Op � •,\ , \ � rim e•e6• 10/10 ralaaa .es mM wig Ibr mean raqutra. E B \ / Qe Cmweta Slab for Dampatr Pad - 6• Plain Canasle / F \ Ni,. 4000 PSI rich 6 56 10 /10 reided r" mach e Nin tbM nn rep.Tr d. Conwete Pod in P—mat Area to dm ba Block Stained! ( - N Lor° Area (See Landscape Plan) € 01+ i d S• Pipe Words (7 Beflwds Talc*) a$ a a R \\ Speaker Poet r Canopy by udtad Sign Comany IRE P S PLAN GENERAL NOTES {` din \ t de - \ od be lap or (D br J .nMg awees ea be s• .Nin •,,� \ \ \ L 0 50' Tax Fl TM70 and Cmweta Base S =J1 w.s' w w a.Pae ma p .d alt na.mcaaPw Pwbk9 ware• Z , Addison, i Part N°. RTN70 DY Con—c! lndaserlsa, Inc. �a ee'EEE ° ° ° 333��� S " o I,S \ �: Ta p c p ,nor b. 9' d siu 9.3' ai U ey 3 \ +. r .L -` •• .. .$ \ Contact'. lorry Danmon at (972) 360 -6166 F y E owe, wore dtn m 01 .ardor am.am.a a qe pr.a w O !y y �' / w .\-- ra ��• Fla9ptle to be furnished by omen and instaxed Z arwh y �s«•• .ad re. r.b. mae e. mak.a br dnmk W \ \ „, 1. V t .. d Inc r .tae ad eebnd.q ene leprh al � $ ` • \ by General Contractor n :..ex «d o a.a.nt am..sane m...nw ro k. C` B Light Flztu.e - 25' Tdl am —to Pole caw) Z C1. qe �9e d o t w saa r b. inept b r r \ `, 'i \ i b \ , a a �l '` x]00 watt Metal S Shaped Halide Heads - See p cnak nee. won en demnelenW ro saA d aeb ', rn i i ® J 1++6 i_ �t 8 1 \ w.o..`r . Cmswetim Detwa for LiTt Pale Base Dotdl Tq � (.x.e aePxeaeN) < 1 A'N* • �. �.. 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T >ri an Q Z O Hm CwTnACraS su BE RESPONSIBLE FOR < z m m e t VDKOR AM LOCATE RENREYEIxS 5B Bx S 0 r T �" ERaIE oaw c T ,6 0 ,, a " �D, „, �, . C s, 1 11 GOPHER STATE ONE CALL O3. A" S& WAr1E PARR. YN sesn 1 I TWIN OTY AREA ss4-0= \A PRELIMINARY /�- NOT FOR CONSTRUCTION HE�FAAIA R3067 g 3555 \ p . I SCALE: I" - 20' O U 1 rz N 0 T E S \ \ \ 09105 L 1. \ EEN RSOB:__ N 93 .� `� \ • ir°r'a� yt. } y$ �S 24 X36 L.F. - 12 .55.25 RCP 0.517[ 4 1 .w.•„aw .+..w �.. r wr PROVRIE 4" \ 35 LF.% - FL' CONDUT R TCH BA4N AND i w r w raw. r O Z yp CA �\ASIN MANHOLE N 3 R 3D67 TRAN40NMER . -.: 48' qA• , �., wr.wR.r W (I"' PAD PIE RIM.854.22 E T Y OTHERS SEE F SA \ \ INV.649.64 �• ww yr r rrr +wrr- w-r °- r :. 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'C•" ` DpIPASILO a �,. — C E City of Brooklyn Center Special Use Permits - Section 35 -220 • 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses Permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence 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 denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. ' Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. • MEMORANDUM DATE: May 9, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: Arby's Restaurant, RTM Restaurant Group Brooklyn Blvd / 55 t11 Avenue North Revised plans for the proposed Arby's Restaurant at Brooklyn Blvd and 55 Avenue North were reviewed for engineering and utility issues. The following plan sheets were submitted to the Public Works Department for review. 1. Sheets 1 to 12 of 12, dated May 1, 2003 2. Revised Sheet 3 of 12, dated May 5, 2003 3. Sheet Ll, dated May 1, 2003 4. Sheets Al and A4, dated March, 2003 • The following comments are provided for your consideration. Water Supply Water service is proposed to be extended into the building from two existing stubs at the south property line. The Owner should be aware that both water services are extended from private water main within the lot to the south of the site. The public water main service stub ends at the west property line of the KFC / A &W site as shown on Sheet 3. 1. The plans appear to indicate that the two proposed water services to the building will not be tied together. The Owner should consider connecting the two water stubs to make a loop line. The fire line and service line can then be extended off of the service loop to improve fire flow capacity. 2. 6 -inch PVC SDR 35 pipe should not be used for water service connections in Brooklyn Center. 3. Isolation valves must be provided on the water service lines. Contact Mark Hartfiel at the Water Utility, 763 -585 -7103 to discuss location requirements. 4. The Owner should contact the City Fire Chief to discuss if additional hydrants are needed within the site. • GADepts\Public Works \Engineering \Development & Planning\Arbys03 \Site Plan Review.doc Sanitary Sewer wer Public sanitary sewer service is proposed to be extended from the existing 8 -inch diameter sanitary sewer stub in the southeast corner of the property. The site is served by public sewer located in Xerxes Avenue. 1. Plan Sheet 3 indicates that a clean -out will be constructed at the connection point. A manhole structure is needed at the connection point. The purpose of the manhole structure is to assist in determining sources of grease into the sanitary sewer system from the various restaurants if problems develop in this portion of the collection system. 2. A grease tap was not identified on the plan. Storm Water Management Storm water runoff from this area of the city is conveyed by storm sewer to Shingle Creek. Sheet 2 indicates that the proposed internal storm sewer system will connect to the existing 12- inch diameter storm sewer stub at the southeast corner of the property. 1. Sheet 1 indicates a total impervious surface area of 23,280 square feet. Further storm water runoff calculations were not provided with the plans. Data outlining the net increase in impervious surface for the proposed project must be submitted to the City for • review. Submittal information must include existing impervious surface area, proposed impervious surface area, net increase in runoff rate, and proposed storm water management practices if the impervious surface area is significantly increased. Grading and Erosion Control Sheet 2 provides the existing site elevations and proposed curb elevations for the site. Grade adjustments for the proposed project are minor. 1. An erosion control plan must be prepared and submitted to the city for review prior to initiating grading activities within the site. 2. The Owner will be responsible for the cost of sediment removal from the public storm water conveyance system and restoration of impacts to Shingle Creek if sediment is discharged to the creek from construction activity within this site. • GADepts\Public WorksTngineering \Development & Planning\Arbys03\Site Plan Review.doc • Application Filed on 5 -2 -03 City Council Action Should Be Taken By 7 -1 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -007 Applicant: Mr. and Mrs. Tony Yang Location: 5650 Lilac Dr N Request: Determination/Special Use Permit The applicants, Mr. And Mrs. Tony Yang, are seeking a special use permit to operate an adult day care at 5650 Lilac Drive North. Implied in the approval of such a special use permit is a determination that the "adult day care facility" use classification is similar in nature to a "group day care facility" use, which is an allowed special use in the C -1 zoning district. The property in question is zoned C -1 (Service /Office) and is located along the east side of Lilac Drive North, southerly of 57 Avenue North. It is surrounded on the north and east by C -2 zoned property containing the Anderson Drywall operation and the Bumper to Bumper Auto Parts store; on the southeast and southwest by R -1 zoned property containing six single family homes; and Lilac Drive North generally to the west of the site. • BACKGROUND The C -1 zoning district does not acknowledge an adult day care use as a permitted or special use in that zoning district. In fact, adult day care is not an acknowledged use anywhere in the zoning ordinance. State Statutes defines adult day care as "a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants capabilities for self care. Adult day care does not include programs where adults gather or congregate primarily for services of socialization, education, supervision, caregiver respite, religious expression, exercise or nutritious meals." Adult day care is required to be licensed by the State of Minnesota Commissioner of Human Services. PR OPOIS AT . The Yangs wish to occupy the commercial building at 5650 Lilac Drive North for their licensed adult day care use and have submitted much written material in support of their request to be allowed to use this property for that purpose. They have been advised that the closest use classification to their proposal appears to be "group day care facilities" use, which is a special use in the C -1 zoning district (Section 35 -320, Subdivision 3b). Attached for the Commission's review is a copy of Section 35 -320, Subdivision 1 -3, which lists all of the permitted and special uses in the C -1 zone. Because group day care uses are special uses, we have asked the applicants • Page 1 5 -15 -03 to address the Standards for Special Use Permit contained in Section 35 -220, Subdivision 2 of the Zoning Ordinance. The Zoning Ordinance definition for group day care facility is "a facility licensed by the Minnesota Department of Public Welfare (now Department of Human Services) to provide child care for six or more children at one time. This term also includes, but is not limited to facilities having programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers, cooperative day care centers and Head Start programs. The Yangs note that there are currently no adult day care operations in existence in the city. They point out that there are two types of adult day care programs, one which provides intensive health, therapeutic and social services to individuals with severe medical problems and another which offers participants socialization opportunities, peer support and nutritional health and other social services. They note their proposal is for the second type. They indicate clients will not suffer from severe medical problems. Rather, their program will focus more on therapeutic activities, supervision, health monitoring, personal care and nutritional support. They note that they believe their operation is most similar to that of a preschool child care operation. They note that at any one time the operating capacity is expected to be about 20 care recipients. Their license will also require a minimum of one caregiver per eight recipients. There will, therefore, be three staff members on site. They expect a total of about six employees including a director and a secretary in addition to the staff members previously noted. They have submitted a code analysis of the building done by a registered architect noting that the total capacity will be limited • to 40 occupants. They point out that traffic at the location will be less than the current use. Care recipients are dropped off at the center or are picked up by a van provided by the center. The site currently contains 38 parking spaces and they believe is ample for the proposed use. Based on the City's parking requirement for this 4,000 sq. ft. building, 20 parking spaces is all that is required. They also indicate hours of operation to be 7:00 a.m. to 7:00 p.m. Monday through Friday. They expect minimal changes to be made to the building for their proposed.occupancy. It seems that from the standpoint of zoning regulations, the adult day care use and the group day care use are similar in nature to each other. Both are required to be licensed facilities by the State of Minnesota and would be appropriate commercial uses. We recommend that the Planning Commission make a recommended finding that adult day care is similar in nature to group day care and should be considered an allowable special use in the C -1 zoning district. The main distinction between the two uses is that the group day care requires screened outside recreational facilities per Section 35 -411, Subdivision 6 (copy attached). No such facilities are required for adult day care and all activities will be inside. As part of the special use permit process, findings will also. need to be made that the proposed adult day care use is compatible with existing adjacent land uses as well as those uses permitted in the C -1 district generally; complimentary to existing land uses as well as to those uses permitted in the C -1 district generally; of comparable intensity to permitted C -1 land uses with • Page 2 5 -15 -03 • respect to activity levels; and is planned and designed to assure that generated traffic will be within the capacity of available public facilitates and will not have an adverse impact upon those facilities, the immediate neighborhood or the community. SPF.CTAT. TTSF. PERMIT STANDARDS As a special use , the proposal is required to meet the Standards for Special Use Permits contained in Section 35 -220, Subdivision 2 of the Zoning Ordinance (copy attached). These standards 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 property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. The Yangs have submitted in writing also how they believe their application meets the Standards for Special Use Permits contained in the Zoning Ordinance. They note that their adult day care center will promote and enhance the general public welfare and will compliment and promote the public health, safety, morals and comfort. They point out that there is currently a severely under - served market in Brooklyn Center for the proposed use. They add that serving that market will improve not only the livability of the care recipients, but also of those who provide such care • when the recipient is not at the center. It provides an opportunity for socialization and interaction the recipients currently do not get elsewhere. They contend that the center will not diminish or impair the use and enjoyment or values of the surrounding property. The center will provide a valuable service to the community and will serve residents living approximately within a five mile radius of the property. They contend that the establishment of this use will not impact development or improvement of surrounding property for uses already permitted. They add that there are no issues in regard to ingress and egress, which would have any negative impact on traffic congestion on public streets. Their center will, in all respects, meet the requirements established by the licensing authorities along with conforming to applicable regulations in this zoning district. We would concur generally with the applicants' comments and do believe that the Standards for Special Use Permits can be met with the operation they are proposing. Furthermore, we see the use as being compatible with, complimentary to and of comparable intensity to other uses in the C -1 zoning district. Furthermore, the traffic generated by this use will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood or the community in general. A public hearing has been scheduled with respect to this special use permit application and notices have been sent to surrounding property owners. Page 3 5 -15 -03 RECOMMENDATION • We believe the application is in order and would recommend approval subject to the following conditions and considerations: 1. The proposed adult day care facility is similar in nature to a group day care facility for zoning regulations and shall be considered a special use in the C -1 and C -2 zoning districts. 2. The adult day care facility as proposed by the applicants meets the Standards for Special Use Permits contained in Section 35 -220, Subdivision 2b of the Zoning Ordinance. 3. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C -1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood, or the community. 4. The special use permit is granted for an appropriately licensed adult day care facility as outlined in this proposal. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this special use permit. 5. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violations thereof may be grounds for revocation. 6. Building plans for remodeling and occupancy of this building, are subject to approval of the Building Official prior to issuance of permits. Page 4 • 5 -15 -03 .`1=,• /wL"J(r1}'•�{�ttry7••S {' �� • VwN..wwa . ElEll • ���'' iay N 3 V s r ' 4 ttJ EH 1-1 LL ki I z , �a.....•.ar.aa...,. i A X td 'N '3Ad NV N ' Pl �a iwwns N � o •N D � ' CM ' VI N3 a 0 0 _ �;y 3 sn �+ • �� Y � :�' �f � � * tom- + ' f ��j y ', I ` 4i M Q \VV/ .f k • �7:� *x•� ;, t t N.}`j � }� �. yr' Ma t.a . - � tI. �"+�'�. �"• � ; i.i�.��5��:3' p�• ' ••{l`:� �;�F,':L y U •T �( - �`ai :r i� �j r3C►t,•••��l .tiS,'��i!{:t ¢tM r. •r �.M •t t. Ati•�1'2S?+ f,•t� •+t�.1''.' ' : iL.. lr: ; ,a• .•>• ;A N iRt:t:��.: t t:•{. �a , rii3 f N 7� }: 4 t• r •' Crt y l . .tQ� '•ZSt+�.'t, bK 'c�Y .�_• t�' APPLICATION FOR SPECIAL USE PERMIT UNDER PROVISIONS OF THE CITY OF �s u BROOKLYN CENTER, MINNESOTA DATE: May 15` 2003 r. For: Permission to allow the operation of an Adult Day Care Facility at 5650 North Lilac Drive. The property is currently zoned C1 Service Office District. The Adult Day Care operation will be licensed by the state of Minnesota, Department of Health & Human Services, and thus must meet strict requirements for its operation. The property is currently occupied by Steen Engineering and utilized as a standard office building. The building was originally constructed in 1965 as an office facility. Prior to the use by Steen Engineering it is believed the property was a telemarketing center. Steen purchased the building in 1999 and extensively rehabbed it. Legal Description: REG. LAND SURVEY NO 1114 REB. LAND SURVEY 1114 COM AT MOST WLY COR OF TRACT A TH SELY TO MOST SLY COR THOF TH NELY TO ANGLE PT IN SLY LINE THOF TH E TO SE COR THOF TH N TO SE COR OF R L S NO 597 TH W TO SW COR THOF • TH NWLY TO A PT IN NWLY LINE OF R L S NO 1114 DIS 110 FT SWLY FROM MOST NWLY COR THOF TH SWLY TO BEG TO THE HONORABLE CITY COUNCIL: Gentlepeople, Pursuant to the provisions of the city, application is hereby made for permission to operate as stated above on the above described property. Respectfully submitted, Name: Mr. Tony Yang Address: 4108 146 Ave. N.E. Ham Lake Minnesota 55304 Phone No.: 763 - 717 -2871 Present Zoning: C1 I S UPPORTING DATA IS ATTACHED APPLICATION FOR CONDITIONAL USE PERMIT APPLICANTS NAME: Mr. & Mrs. Tony Yang BY: Mr. Tony Yang APPLICANT'S ADDRESS: 4108 146' Ave. N.E., Ham Lake, MN 55304 PHONE NUMBER: (763) 717 — 2871 Fax: Same — call first PROPERTY ADDRESS: 5650 North Lilac Drive, Brooklyn Center, MN Owner's Name: Steen Engineering C/O Gene Striefel Owner's Address: 5650 North Lilac Drive, Brooklyn Center MN 55430 Owner Phone Number: (763) 585 -6742 Ext: 203 Fax: (763) 585 -6757 Property Address: 5650 North Lilac Drive, Brooklyn Center MN 55430 . Legal Description: REG. LAND SURVEY NO 1114 REB. LAND SURVEY 1114 COM AT MOST WLY COR OF TRACT A TH SELY TO MOST SLY COR THOF TH NELY TO ANGLE PT IN SLY LINE THOF TH E TO SE COR THOF TH N TO SE COR OF R L S NO 597 TH W TO SW COR THOF TH NWLY TO A PT IN NWLY LINE OF R L S NO 1114 DIS 110 FT SWLY FROM MOST NWLY COR THOF TH SWLY TO BEG Current User Standard Office Proposed Use: Adult Day Care Facility History: The building was originally built in 1965 and was significantly remodeled in 2000. The building is built slab on grad with exterior walls composed of brick over concrete block. The building has approximately 4000 square feet. The site is almost three - quarters of an acre, with about 37,500 square feet of land. The current site configuration accommodates parking of up to 38 automobiles. The property is fully handicap accessible. The interior of the space is primarily free span, with no load bearing walls but only two support columns, allowing for exceptional space planning flexibility. Prior to the current use as an office for a mechanical engineering and drafting company it is understood the property served as a telemarketing center. Steen Engineering has owned the property since 1999. They have quickly outgrown the space. APPLICATION FOR CONDITIONAL USE PERMIT (continued) r a Proposed Use: Mr. and Mrs. Tony Yang wish to own and operate an adult day care facility aimed at the Asian market. The precise entity owning and operating the enterprise has yet to be formally defined, but it will be licensed by the State of Minnesota, Department of Health and Human Services. The licensure process is intensive and includes, but is not limited to: background checks, curriculum review, review of health and safely requirements (both from a facility and program perspective), program emergency response plans, Fire Marshall approval and a review of food handling procedures. Please refer to complete description of the rules, regulations and requirements in a later section of this request. There are two types of adult day programs, one which provides intensive health, therapeutic and social services to individuals with severe medical problems and another which offers participants socialization opportunities, peer support and nutritional, health and other social services. The r� proposed use is for the second type. Clients will not suffer from severe medical problems. Rather it will focus more on therapeutic activities supervision health monitoring, personal care and nutritional support. These two programs have different requirements and are separately licensed by the governmental authorities. There are currently no Adult Daycare operations in. existence in the city of Brooklyn Center. The operation is most similar in nature to that of pre- school childcare. It is an operation that provides supervision and personal care for more than five unrelated adults. At any one time peak operating capacity is expected to be about twenty (20) care recipients. The license will also ' require a minimum of one caregiver per eight recipients. So, in addition to the twenty, there will r three staff on site. There is expected to be a total of about six (6) employees including the director and secretary. According to the architect the operation's total capacity will be limited to forty occupants. Traffic at the location would be less than under the current use. Care recipients are either dropped off of the center or are picked up by the center's van. The site is currently configured to 6 accommodate up to thirty -eight (38) vehicles which is ample for the proposed use. Although the city has no fixed parking requirement for either adult or childcare facilities, a common rule of thumb utilized by the city is one parking space for each two- hundred gross square feet. With the building being a bit less than four thousand (4,000) square feet the implied parking requirement would be twenty spaces. Per the licensing requirements: all of the occupants will be required to be capable of responding to an emergency without physical assistance. Again per the architect, if the occupants can respond independently to an emergency a fire suppression sprinkler system is not required for licensure. Activity at the location would be limited to the between the hours of 7:00 A.M. — 7:00 P.M. Monday through Friday, except in potential emergency situations. There will be absolutely no manufacturing, assembly or retail or wholesale sales at the site. It will only be utilized as an adult day care facility. No improvements are expected to be required for the conversion to the j APPLICATION FOR CONDITIONAL USE PERMIT (continued) proposed use. If improvements are required they would certainly be completed. Please review the draft of the floor plan included later in this application. Property uses surrounding the subject include a Dry Waller's shop and a Bumper to Bumper auto parts store to the north. To the east and south is single - family residential property, while to the west is highway 100. As for the subject site, no changes are expected to emanate from the change in use. The curb cuts, walls and fences, drainage, signage and lighting will all be what is there today. Mr. and Mrs. Yang came to the United States in the mid 1970's from Laos. Both have striven hard to be successful productive contributors to their communities. Tony initially settled in Denver Colorado as a teenager. He went to high school in Denver and went on to the University of Colorado at Boulder, CO. He graduated with a Bachelor of Science Degree from the University of Colorado, Boulder in Electrical Engineering. In 1990 Tony came to Minnesota to work for the U.S. Food and Drug Administration (USFDA) where he still works. Since 1995 Tony has proudly served as an officer for the US Public Health. Shortly after arriving in Minnesota Tony bought a home in Brooklyn Center where he lived for eleven (11) years. In the i fall of 2001 he moved to Ham Lake, where he is living now. Malaythip and Tony married in 1998 and have several children. Malaythip has been very active in a variety of non - profit organizations both assisting in translation and working on a wide variety of community issues and affairs. Malaythip is currently a candidate for an Associate in Arts Degree from North ' Hennepin Community College and expects to graduate this coming May. Malaythip is also pursuing a degree from the College of St. Catherine with a concentration in nursing. Response to Standard for Special Use Permits a. The establishment, maintenance and operation of the Adult Day Care Center will only promote and enhance the general public welfare and will compliment and promote the public health, safety, morals and comfort. There is currently a severely underserved market in Brooklyn Center for the proposed use. Serving that market will improve not only the livability of the care recipients but also of those who provide such care when the recipient is not at the center. It provides an opportunity for socialization and interaction the recipients currently do not get. b. The center will not diminish or impair the use and enjoyment or values of the surrounding property. The center will be providing a valuable service to the community. Nearly all of the individuals requiring care will live within a five mile radius of the property, giving them somewhere to go where loved ones can feel confident they are being well cared for. c. The establishment will not impact any development or improvement of any surrounding property for uses currently permitted in the district. d. There are absolutely no issues in regard to ingress and egress into the parking area which .would have any impact on traffic congestion on public streets. I i" APPLICATION FOR CONDITIONAL USE PERMIT (continued) e. The center shall, in all respects, meet the requirements established by the licensing authorities along with conforming to all applicable regulations in the zoning district. 3.. ° . We thank you for taking the time to review this request and hope for a positive response. The Yang's are eager to deliver a center which will only strengthen the social fabric of the community. is _ -_ 04/30/2003 11:22 952 - 401 -7918 TRUMAN HOWELL ARCH PAGE 01 �Jr ry. RECEIVED - . Memo. �:. APR 0 2L?03 wu �.^4 7a: GemN Strl�i�1 �' • • • � � ::��� BY: TRUMA1�T_ HOW L ti From; Bruce Blesonpeft AIA ' � " :� ; .: • 12e: SbNn �� E3ulWlhy . n K wa e 5650 NOrtl►` Ii1i�C Drlw S �,s,,a,.»w •:uuctns >rm.nx , yywrnVwL.t s: i Brooklyn Csftr Detq: 4/30/03 w . via; )4 1 P o& wdeflont }%. ` I have done a Preliminary code revlibw of Your Proposed 6dwpancyiour InWpretsiiibn is as•follows: s =�; 4 ' CODE 20001N1ERNATIONAL BUILDING 'COD OCCUPANCY TYPE: Adult day Care' 1!4 TYPE OF CONSTtiUCTI4N: V•B FULLY SPRINKLERED 1 .BUILDING LIMITATIONS: t , AL LOWABLE HEIONT 1 STORY ACTUAL M9IGH f: 1 STORY ALLOWABLE AREA _' 9000 ` sf l AREA MODIFICATIONS N/A ACTUAL AREA: 1 4.000 +/-if ; *r OCCUPANT LOAD: .} 00 GROSS - ;_ • 000sf / 100.1* 40 OCCUPANTS 'EXIT WIDTH: ' REQUIRED EXIT WIDTH IN INCHES PER PERSON: wDafi s C0RRj0M � 0A 5" X'.40 6" « STAIRS N/A :1 "MINIMUM DOOR DPENING33" FOR EACH 36" DWR c s. EXIT' WMTH' MOVIOE (2 0 33") PLUMBING FIXTURES: ;s;* • Water Closet 1135 n 1/25 <'> 0 t avatorfes 1135 msle; j'/35 fen e , t 'Drinking fountain', ,'` •=I Floor Plan Q 4, ID 0 Mach ME Racreatton Room D Mans 0 00 IN Q T T 0 0 �xarcise (/ �) Room 1 � Womens � I F i Coate Dire fce Napping t I;Zcceptlon Nur4es OPPica CL - Library +` Vestibule Leg 00 r � t s u 1 f i � C•sr=ea..e O.aar D•M.ows I 1 j 70A lR n.. rca ••e I • � ri j arw Ywti rtrew ILI— I t/?CA L..•. Oa.� I�4 -..•. ra. P.•v. e..r�. •• ti gweM IL "M UN Mr. f."�:•rw:flY • � �� lw:Hl^ r� MAIIl.1:11Lf: J►Y 9RN•RI YY - •M.7: c_a� n�rl Ilt/t�� � � oa Rau as ILRO sa•m 1 - ,� � �. N. N4µ'.a r1tR�MC Lr11•t lwr Oar � �' /� 3 t\ f / p t••.r NR WLt�. P �TGw� j // .ar•rw t�..a' I ! � I_ - - -_ i wh�b•�POlir 6w.4•. - - �J��n�4, C • �. • I I � a � •U.N 0 _ 11•Y.r a..•. {�i+ .. .� d !tea 1 i � j €" C i . y S • C ,N purpose of leasing or selling apartment units within , 5, Areal estate office for the the development in which it is located• of to include special home occupations as defined in 6. Home occupations n r ;• Section 35 -900. capacity of seven to 16 adults or children c ' e• Licensed residential programs with a licensed cap ty to be ermitted by M.S. 245A.11, Subd. 3 and M. S. 462.357, Subd, 8. required P aired f Licensed nonresidential programs with a licensed capacity of 13 to 16 persons req uired to be permitted by M.S. 245A.14, Subd. 2. g. Licensed day care facility serving from 13 through 16 persons required to be permitted by M.S. 462.357, Subd. S. 2. Special Requireme a . See Section 35 -410 of these ordinances. r Section 35-320. C1 SERVICE/OFFICE DISTRICT. •` 'ned Uses 1, Perms . ermined in the Cl district, provided that the height of The following service /office uses. are p shaU of exceed three stories, or in the event that a basement is . each establishme r b d ing ntn proposed, three p however, that such care homes, (at not more than 50 beds per acre), p rovided, authority, a ,. Nursing ations of the licensing institutions shall, where required by state law, or regal riate state or municipal be licensed by the approp authority. b. Finance, insurance, real estate an d investment office. c . Medical, dental, osteopathic, chiropractic and optometric offices• offices, educational and scientific research Bering and architectural �g and bookkeeping offices, d. Legal office, engin facilities), accounting, -' offices (excluding laboratory urban planning agency offices. mosques, and temples, as chapels, cha churches, uch P • ' ous assemblies s or religious ::j e. pl aces f _.4 synagogues. City Ordinance 35 -29 City of Brooklyn Center I R Beau and barber services. f. t3' services. r g. Funeral and crematory serve h, Photographic services. r stations, shoe repair. �. i, Apparel repair, alteration and cleaning pickup provided that the fabrication of signs shall not be a permitted use. j. Advertising offices, colle ction i ent an colle 'ustm d ffice ad so , e � J me rcantile credit reporting sere is er and m Consumer - offices. ' servce offie " ' ce offices. o a hic serve d stenograp 1. Duplicating, mailing an �' i M. Employment agency offices. n. Business and management consultant offices. o Detective and protective agency offices. offices. • r s offi c tra to P. Con q, Governmental offices. association, p rofessional membership organizations, labor unions; civic r. Business social and fraternal association offices. rinci al uses when located on the same s. Accessory uses incidental to the foregoing pip which it is accessory. . Such accessory uses to include but not prop w ith the use to be restricted to the following: and offstreet loading. i street parking . 1. Off P as Pe rmitted in the Brooklyn Center Sign ordinance- Signs gns des easing or sale (at retail) of drugs, prescription items, 3. The compounding, P lies, Prost devices or items patent or proprietary medicines, sick room n occupied relating to any of the foregoing when condudu P cted in the building primarily by medical, dental, oste °pathic, chiropractic or optometric offices. P Y City Ordinance • 3 35 -30 City of Brooklyn Center i shops, tobacco shops, sho s, book and stationery P went, P supply eq P 4. Retail food shops, office buildings eating establishments, sale and service accessory ea of office PP Y imilar accessory retail shops within multistory s is no associated d there ds and tan s d: ws 'de e n provided: over 40,000 sq. $. in gross floor area, p sere is no carry -o1A or of the building; signery visible from the exterior delivery of food from the lot; and the total floor area ° area of the building• a building shall not exceed 10% ofthe total gross floor . he City .nature to the aforementioned uses as determined by t t, Other uses similar m Council. U. Financial institutions including, but not limited to, full- service banks and savings and loan associations. the Minnesota Department of Public Welfare V. Drop -in child care centers licens ed by Prov that a copy of said license and pursuant to a valid license application, p application shall be submitted annually to the City. ere is no storage or display of products on the use site. w. Leasing offices, provided th • X. Libraries and art galleries. 2 Special ReQuire a. See Section 3 5-411 of these ordinances. 3 Special Uses_ same property with the principal use, a. Accessory off -site parking not located on the subject to the provisions of Section 35 -701. vided that such developments, in each specific case, are b. Group day care facilities pro demonstrated to be: 1. Compatible well as with with existing adjacent land uses as those uses in the Cl district generally permitted as well as to those uses 2. Complementary to existing adjacent land uses permitted in the Cl district generally -'' intensity to permitted Cl district land uses with respect to 3. Of comparable activity levels.. is 35 -31 City Ordinance City of Brooklyn Center t C F generated will be within the caPacity ed to assure that g act upon those: 4, Planned and design of available public facilities and will not eecommunitY imp neighborhood, o facilities, the immediate neigh : s danger to children 5. Traffic generated by other uses on the site will not pose a Bang ., served by the day care use. special requirements set forth in Section 35-411 are provide that the i and forth er P adhered to. photography decorating, dancing and the like and C. Instructional uses for art, music, p studios for like activity. ' trade schools and secondary schools, business schools, schools (K-12). d. Educational uses including post sec rivate elemen Section tary and secondary the like, but excluding public and p 35 -321. CIA SERVICE/OFFICE DISTRICT. tted Uses (No height limitation) 1 • Permi ermitted in a building or ermined uses set forth in Section 35 -320 shall be p a . All of the p • establishment in the CIA district- 2 . Special Requirements I a . See Section 35-411 of these ordinances. 3, Special Uses rinci al use, a. Accessory off -site park jug not located on the same property with the p P the pro visions of Section 35 -701. subject to P special use ecial uses set forth. in Section 35 -320 shall be allowed by p b. All of the s p permit in the CIA district. Section 35 -322. C2 COMMERCE DISTRICT. I, Permitted Uses a. The retail sale of food. _ City Ordinance , 35 -32 City of Brooklyn Center C gEQUMEWNTS IN Cl AND C1A DISTRICTS. Section 35 -411. SPEC ` service, repair or processing shall be conducted wholly within an 1 • All storage, display, not be used for the out of door storage of enclosed building. Semi - trailers may materials, equipment, merchandise, inventory, etc. 1 be conducted in approved equipment located within waste material steal be considered Incineration of w d, ui ment shall 2 ' perm itted use is conducte Eq P the the building wherein roved by the zoning official and sanitarian. approved., when app Rl R2 or R3 district other than at a public 3 Where a Cl or C1A development abuts an p rotective � eet line, buffer provisions shall be established. '1'h b p a Coun approved Wide strip not less than 15 feet Wide an opaque fenc driveways, off- -street substitute. The protective strip shah not be used for parking evice design must be be landscaped. The screening shall ne ighborhood and 'al nei storage r gh loading or g h with the res being in C as g fence or wall ' C d fen approved by the City of the C 1 or C 1 A area. A propose and providing sufficient screening fiend shall be no less than four feet in height right -of -way. g p l ayou t has been approved as 4. No building s be issued until a site and p itted within 35 feet of any major ., provided in Section 35 -230. No parking shall be p other right-o and the 35 foot or thoroughfare right -of -way or within 15 feet of any 15 foot area shall be maintained as a green strip• include an underground lawn sprinkler system to .facilitate The site layout shall • maintenance. of site landscaping and gr een areas fade so as to require on -site water main, sewer 5. On developments of sufficien�taggme facilities construction' ply for such utilities shall main, storm sewer, or storm engineer registered in the be designed by and installed under the supervision of a civil en City Engineer S . In. b State of Minnesota and shall be su b m itt e d to and approved by the land owner or cases where on site utilities construction is required, developer shall which tenance and i agreement with the City, accomplish enter into a utilities maw the City the right to enter the development to agreement shall grant airs that are in the public interest. maintenance, inspection or rep City Ordinance 1 35 -59 - ' City of Brooklyn Center I day care facilities, outside recreational facilities shall be 6 In the case of group Y areas by a wood fence not less appropriately se parated from the parking and driving , contiguous t f our feet in height; or a ll not be locate Council approved substitute; b a m located tho oughfare � + than fo and abuttin the day care facility; shad in 'any Y a device set forth in Section 35 -400, Footnote 10; shall not have an unless buffered by the play area; and shall extend at least 60 t impervious surface for more than half P Ygr roe line, whichever is less, or or to an adjacent p p rt3' feet from the wall of the building and driving Y shall be bounded on not more than two sides by pang areas. per 14 beds. Tree species ; s shall provide one s ix inch diameter tree p on the site may be 7. Nursing care home shall be long-lived hardwood. Six inch and larger trees existing credited toward this requirement. Section 3 5 -412. SPECIAL REQUIREMENTS IN C2 DISTRICTS. ' or processing shall be conducted wholly withm an service repair p wholly or high di se than six feet high, storage, 1 not less 1 • All g opaque fence or wall enclosed building or behind an °per from view of the abutting to completely screen the storage or other activity enough not be used for the out of door storage of property at ground level. Semi - trailers may a of merchandise materials, equipment, merchandise, inventory, etc. The outdo ocated contiguous to the private pedestrian walkway during business hours on a P this section. This requirement shall not apply to • Peary, building is not prohibited by ra a and display of new and used motor vehicles or marine craft for the out of door sto g uirement apply to the ' ch a s ecial use pest has been issued. Neither sh lament for which a special use which P out of door retail sale of food at drive-in eating esta. la of merchandise maybe permit has been issued. Temporary outdoor storage and display ary allowed by pest pursuant to Section 35 -800 of this ordinance. roved equipment located within lion matter of waste ma shall be conducted in app ui ment shall be considered Incineration d. E Inc con ducted.. P 2 • per mitted use is condu q e th . herein P the building w official and sanitarian• zoning a pproved b the g ro Y when a p • c approved P public or at ap e a proposed pment abuts an she R3 district other than R2, a shall be provided a protective Where C2 develo P er Wh P d. �Th he 3 's bh sty hall be a arkin , strip of not less than 3 5 feet in width. T ions s for g buffer proves shall not be used P street line, cove stn The, protective P 10 feet of ff- street loading or storage and shall be landscaped. enandscape driveways, o opaque fence or wall which shall no Council treatment shall contain an opaq must be approved by the City right-of-way The fence or wall design boyhood and providing sufficient any street righ as being in harmony with the residential neigh t feet in height. The screening of the commercial area. The fence wan shall pproved fence or wall. protective strip shall contain no structures o th 35 - City Ordinance , City of Brooklyn Center 1 City of Brooklyn Center Special Use Permits - Section 35 -220 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met- a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence 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 denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon . which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. . special for period of one e ' abandoned Y ar, the spec In any instance where an existing and established special use �s P use P ermit related thereto shall expire one year following the date of abandonment. •