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HomeMy WebLinkAbout1993 07-29 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER July 29, 1993 STUDY SESSION 1. Call to Order: 7: 30 p.m. 2. Roll Call 3. Approval of Minutes - July 15, 1993 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. WENDY'S INTERNATIONAL, INC. 93009 Request for site and building plan and special use permit approval to construct an 83 seat convenience food restaurant with drive-up windows on the site of the old Midwest Federal • Savings and loan, 5545 Xerxes Avenue North. 6. Discussion Item: a. Draft Ordinance Amending Chapter 34 (Sign Ordinance) Regarding Signs in Multiple Family Zoning Districts. 7. Other Business 8. Adjournment 0 • . PLANNING COMMISSION INFORMATION SHEET Application No: 93009 Applicant: Wendy's International, Inc. Location: 5545 Xerxes Avenue North Request: Special Use Permit/Site and Building Plan Approval The applicant is seeking site and building plan approval and a special use permit to construct an approximate 3,100 s.f., 82 seat, Wendy's Restaurant on the site of the old Midwest Federal Savings and Loan at 5545 Xerxes Avenue North. The property in question is zoned C-2 and the proposed convenience food restaurant, with drive-up windows, is a special use in that zoning district. The subject site is located at the southwest corner of Xerxes and 56th Avenue North and it is bounded on the north by 56th Avenue; on the east by Xerxes Avenue; on the south by a vacant parking lot that once served as an employee/overflow parking lot for the Green Mill Restaurant; and on the west by a private(non-public)access road serving the businesses located between Brooklyn Boulevard/Xerxes and 55th/56th Avenues. Investors Savings and the Clothing Distribution Center are located westerly of this access road, adjacent to the subject site. The proposal calls for the demolition of the existing Midwest Federal Building to be replaced by a new Wendy's Restaurant. ACCESS/PARKING • The plan calls for one access to this site from the private access road and one access from Xerxes Avenue. The northerly access from the private road which served the Midwest Federal site would be closed, while the southerly access which served that site would be shifted somewhat to the north to align with the drive lane along the south side of the new building. The access to the site from Xerxes would be in the same location but would be expanded to the north to 30' in width with a concrete island delineater to separate entering and exiting traffic and to also direct traffic into a counter clockwise flow around the site. A menu board and order station are located at the northwest corner of the building with a 10' wide drive lane leading to two pick-up windows located along the south side of the building. Stacking for this drive-up lane meets the six spaces we use as a benchmark for evaluating stacking capability. A 20' wide by- pass lane is shown to the west and south of the drive-up lane. Angled parking is situated on the south side of the site. This 20' wide drive lane is wide enough only to accommodate one- way traffic on this portion of the site. Appropriate directional signery indicating the counter- clockwise and one-way traffic pattern should be provided at various locations on the site. Ninety degree parking and a 24' wide drive lane are provided on the north side of the building. Parking on the site includes 45 parking spaces with 2 spaces being handicapped, located adjacent to the main entrance to the building. The 45 spaces are adequate to accommodate the 82 seats and 8 employees on the average maximum shift. (Note: This approximate 3,100 s.L building would require only 17 parking spaces if it were a retail use). • Planning Commission Information Sheet Application No: 93009 Page 2 GRADING/DRAINAGE/UTILITIES Curb and gutter is to be provided around all driving and parking areas. Drainage is generally from west to east on the site where water would be collected by two catch basins, one at the northeast corner and the other at the southeast corner of the site, and then conveyed via storm sewer to the existing City storm sewer system. The applicant proposes 3' high berms along the north and east greenstrips to help provide some screening and buffering of the parking areas from the public streets. The Planning Commission's attention is directed to the City Engineer's memo relating to his analysis of the grading, drainage and utility plans thusfar submitted. No review and approval by the Watershed Commission is required with this submission. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This site is less than one acre and requires a minimum of 80 landscape points. The applicant's proposal is well in excess of 250 points with a diversity of plantings around the perimeter greenstrips and around the building as well. Amur Maple and Kelsey crabapple trees are intermixed with Goldmound Spires on the berm and greenstrip along the north side of the site. Three Amur Maple are located in the greenstrip along Xerxes Avenue • north of the proposed entrance and three Austrian Pine are located south of the entrance. Jackmans Potentilla, Daphne Spirea and Seafoam are shrubs located along the Xerxes Avenue greenstrip. The south property line does not include new shrubs, however it is my understanding that the applicant hopes to maintain the existing shrubs in this location. Five Austrian Pine are located around the trash enclosure at the southwest corner of the site and three Redsplendor Crabapple are separated by a row of Alpine Current along the service drive greenstrip. Around the building the applicants propose to provide six Skyline Honeylocust trees. Foundation shrubs include Little Princess Spirea, Proebels Spirea, Seafoam, Golden Scepter Hosta, Blue Mammoth Hosta, Buffalo Juniper, Daphne Spires and Albo-Marginata Hosta. BUILDING The building exterior is made up primarily of a brown brick veneer with split-faced concrete block strips and accent: Red and silver wall tile are provided around the drive-tip windows and copper finish metal panels are located above the windows in the seating area. LIGHTING/TRASH A 15' x 20' brick and block trash enclosure to match the building exterior will be located at the southwest corner of the site. Rough sawn cedar will be used to provide opaque screening for the gates. 400 watt metal halide light fixtures are shown atop 20' high poles. The location of • Planning Commission Information Sheet Application No: 93009 Page 3 the lights, however, are not indicated on the plan. Our main concern is that the lights be directed downward and not cause glare off the site. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for the special use permit and notices have been sent. Attached for the Commission's review is a copy of Section 35-220 containing the five standards for special use permits. We do not find any conflicts with the standards for special use permits given the site plan submitted by the applicant. RECOMMENDATION Altogether the plans and special use permit appear to be in order. Approval is, therefore, recommended subject to at least the following conditions: 1. 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 berming 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 by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet MFPA 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. B612 curb and gutter shall be provided around all parking and driving areas. • Planning Commission Information Sheet Application No: 93009 Page 4 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. The property owner shall enter into an easement and agreement for maintenance and inspections of utility and storm drainage systems, prior to the issuance of permits. 11. The applicant shall provide a lighting plan indicating the location of site lighting which is consistent with Section 35-712 of the City ordinances prior to the issuance of permits. 12. The special use permit is granted to the applicant for a convenience food restaurant with drive-up windows as contained in the plans submitted. Any expansion or alteration of the use shall require an amendment to this special use permit. 13. 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Maloney, City Engineer M)vn RE: Site Plan for Wendy's I have reviewed the recently submitted plans for the above proposed improvement, received July 15, 1993, and offer the following comments and/or recommendations: 1) At a previous meeting, we (City Staff and developer) discussed the importance to the City of a proposed driveway configuration which allowed for well defined internal circulation patterns while not creating any obvious potential conflicts along the existing public right-of- ways (Xerxes and 56th). The plan which I have reviewed has incorporated staff's requests for a) consolidation of the driveways which enter the private road along the west side of the site, b) no increase in the total number of driveways which enter either Xerxes or 56th • Aves., c) a proposed location of the driveway on Xerxes which matches the existing driveway cut, at a proposed width which is wide enough to accommodate two-way traffic and the required delineation (island). My only additional suggestion with regard to this access is that the plan shows an easterly extension of the island out past the sidewalk; the nose of the island should terminate at the sidewalk so as to not create a sidewalk snowplowing problem or an ADA issue. 2) The sewer and water service connections have been adequately addressed on the plan, however, we do need to see more detail regarding the proposed grease trap/manhole. My understanding of the function of such a structure is to treat the kitchen waste only; as proposed it would be treating the lavatory outflow as well. 3) The construction of the sanitary sewer, water main and storm sewer should conform to Brooklyn Center's Standard Details and Specifications, which are published and available in my office. 4) Detailed records will need to be kept during construction so that a proper asbuilt can be produced. Just a reminder - it is the applicant's responsibility to keep these detailed records of sewer and water connection locations/elevations, storm sewer locations, clean- outs, and valves, and provide the City with an asbuilt prior to release of any performance guarantee. Please contact me if you need further clarification of any of these concerns or recommendations. Section 35-220. SPECIAL USE PERMITS 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 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 ord- inance. 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 connec- tion 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 pro- visions 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 sub- • ject 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 of $15.00. 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 sub- ject 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 year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. • II CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 1993 at ' p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Sign Ordinance. Auxillary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RELATING TO SIGNS FOR MULTIPLE FAMILY DWELLINGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances us hereby amended in the following manner: Section 34-140, PERMITTED SIGNS 3. Permitted Signs Requiring, a Permit C. Residential (Rl through R7) Districts 3. Cluster developments or complexes in R3 through R7 districts • involving [three or more buildings and] not less than 36 dwelling units shall be entitled to one of the following options at each major entrance not to exceed a total of two entrances: a. One freestanding sign no greater than 36 square feet in area and extending not more than 10 feet above ground level. b. Two identical freestanding signs located at opposite sides of the entrance each not greater than 18 square feet in area and each not more than five feet above ground level. Section 2. This ordinance shall become effective after adoption and upon thirty (30)days following its legal publication. Adopted this day of , 1993 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date • (Underline indicates new matter, brackets indicate matter to be deleted.) MEMORANDUM DATE: July 26, 1993 TO: Brad Hoffman, Director of Community Development File - Wendy's (Xerxes Ave. No. & 56th Ave. No.) FROM: Mark J. Maloney, City Engineer M)yn RE: Site Plan for Wendy's I have reviewed the recently submitted plans for the above proposed improvement, received July 15, 1993, and offer the following comments and/or recommendations: 1) At a previous meeting, we (City Staff and developer) discussed the importance to the City of a proposed driveway configuration which allowed for well defined internal circulation patterns while not creating any obvious potential conflicts along the existing public right-of- ways (Xerxes and 56th). The plan which I have reviewed has incorporated staffs requests for a) consolidation of the driveways which enter the private road along the west side of the site, b) no increase in the total number of driveways which enter either Xerxes or 56th • Aves., c) a proposed location of the driveway on Xerxes which matches the existing driveway cut, at a proposed width which is wide enough to accommodate two-way traffic and the required delineation (island). My only additional suggestion with regard to this access is that the plan shows an easterly extension of the island out past the sidewalk; the nose of the island should terminate at the sidewalk so as to not create a sidewalk snowplowing problem or an ADA issue. 2) The sewer and water service connections have been adequately addressed on the plan, however, we do need to see more detail regarding the proposed grease trap/manhole. My understanding of the function of such a structure is to treat the kitchen waste only; as proposed it would be treating the lavatory outflow as well. 3) The construction of the sanitary sewer, water main and storm sewer should conform to Brooklyn Center's Standard Details and Specifications, which are published and available in my office. 4) Detailed records will need to be kept during construction so that a proper asbuilt can be produced. Just a reminder - it is the applicant's responsibility to keep these detailed records of sewer and water connection locations/elevations, storm sewer locations, clean- outs, and valves, and provide the City with an asbuilt prior to release of any performance guarantee. Please contact me if you need further clarification of any of these concerns or recommendations. • Section 35-220. SPECIAL USE PERMITS 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 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 ord- inance. 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 connec- tion 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 pro- visions 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 sub- . ject 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 of $15.00. 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 sub- ject 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 year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. • • S CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , • 1993 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Sign Ordinance. Auxillary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RELATING TO SIGNS FOR MULTIPLE FAMILY DWELLINGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances us hereby amended in the following manner: Section 34-140. PERMITTED SIGNS 3. Permitted Signs R_eauiring a Permit C. Residential (R1 through R7) Districts 3. Cluster developments or complexes in R3 through R7 districts • involving [three or more buildings and] not less than 36 dwelling units shall be entitled to one of the following options at each major entrance not to exceed a total of two entrances: a. One freestanding sign no greater than 36 square feet in area and extending not more than 10 feet above ground level. b. Two identical freestanding signs located at opposite sides of the entrance each not greater than 18 square feet in area and each not more than five feet above ground level. Section 2. This ordinance shall become effective after adoption and upon thirty (30)days following its legal publication. Adopted this day of , 1993 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication • Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.)