HomeMy WebLinkAbout1996 05-16 PCP Pe
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
MAY 16, 1996
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - April 25, 1996
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. Cross of Glory Lutheran Church 96006
• Preliminary Plat approval to subdivide the Cross of Glory Lutheran Church property
into five lots consisting of three single family lots, one large lot for the church and
one outlot.
6. American Brake Service 96007
Request for Special Use Permit to operate an auto repair facility and remodel
existing space at 5810 Xerxes Avenue for use as an American Brake Service Store.
7. Other Business
a. Brookdale 76 - 5710 Xerxes Avenue North
8. Discussion Items
9. Adjournment
Planning Commission Information Sheet
Application No. 96006
Applicant: Cross of Glory Lutheran Church
Location: 5929 Brooklyn Boulevard
Request: Preliminary Plat
The applicant requests Preliminary Plat Approval to subdivide the existing Cross of Glory
Lutheran Church lot into five lots consisting of one large lot for the church, three new single
family lots and one outlot. The property in question is zoned R-1 and is bounded on the north by
Admiral Lane; on the east by Brooklyn Boulevard and C-1 zoned property including the
Brookdale West Professional Building (5901 Brooklyn Boulevard) and a non-conforming single
family home at 5837 Brooklyn Boulevard: on the south by a single family home at 5830 Drew
Avenue North and 58 %Avenue North; on the west by Ewing Avenue including two single
family homes at 5916 and 5920 Ewing Avenue North.
The church property was replatted in 1990-91 into its current configuration. It's legal description
is Lot 2, Block 1, Cross of Glory Addition. The proposed new legal description is Lots 1, 2, 3
and 4, Block 1 and Outlot A, Cross of Glory Second Addition. These lots would have the
following characteristics:
Lot Width D9 0th Area Use
1 IRREGULAR 199,840 sq. ft. (4.587 A) Church and Parking Lot
2 84' 113.75' 9,555 sq. ft. (.219 A) Single Family Interior Lot
3 93' 113.75' 10,579 sq. ft. (.243 A) Single Family Corner Lot
4 75' 177' 13,275 sq. ft. (305 A) Single Family Interior Lot
Outlot A 57.66' 90.57' 5,222 sq. ft. (.120 A) Unbuildable/Future Sale&
(pprox) Combination
Minimum lot requirements for single family residential lots are 75 ft. in width and 9,500 sq. ft. in
area for interior lots, and 90 ft. in width and 10,500 sq. ft. in area for corner lots. The outlot is set
up for possible sale or conveyance to an adjoining property. It is unbuildable until combined
with another property.
The new residential lots created face Ewing Avenue and 58 '/Z Avenue. Sanitary sewer and water
lines are available in both Ewing and 58 '/z Avenues. Storm sewer is also located in 58 '/z
Avenue. Five ft. wide drainage and utility easements should be shown around the side and rear
lot lines for the new residential lots and a 10 ft. drainage and utility easement along the front
property lines.
The creation of the new single family lots abutting the church parking lot will require the need to
establish buffer and screening provisions by the church. A minimum 15 ft. greenstrip is required
before parking or drive lanes can be established. This area is also to contain a screening device.
Evergreen trees are used for screening between the church parking lot and the existing single
family residence at 5920 Ewing Avenue. The church will establish a 15 ft. greenstrip along the
area where it abuts with the single family lots. They will provide curb and gutter in this area as
5-16-96 Pagel
well. Acceptable screening will also have to be established and should be acknowledged by the
Planning Commission.
Currently there are drainage problems in the area where the new lots are to be created and an
existing lot is located. The church is proposing to tie into existing storm sewer in 58 '/: Avenue
to drain this area. The City Engineer will be reviewing this proposal to provide appropriate
drainage for this site. The proposed division will not require review by the Shingle Creek
Watershed Management Commission.
The Cross of Glory Church will be reconfiguring their parking lot because of the creation of the
new lots. This will result in the loss of parking, however, this is an area seldom used for church
parking. There currently is an existing agreement between the church and the Brookdale West
Professional Building to share parking facilities at different times. Even without the shared
parking, the church will be able to provide adequate parking for its own purposes. The parking
requirement for the 630 seat church is 210 parking spaces (one parking space for every three
seats). Even with the reconfigurated parking, they will be able to provide approximately 280
parking spaces.
It should be noted that the church is planning an expansion to their existing facility and will be
presenting a Site and Building Plan for that proposal to the Planning Commission in the near
future. We would still recommend the execution of a performance agreement and financial
guarantee as part of the platting process to assure completion of the required buffer, screening
and curb and gutter improvements. This could be included in a subsequent performance
agreement and financial guarantee if the building plans for the church facility go forward.
A public hearing has been scheduled and notice has appeared in the Brooklyn Center Sun/Post.
The Preliminary Plat appears to be in order and is recommended for approval 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,
including the need for a subdivision agreement regarding costs for utility service
lines and hook-ups.
3. The applicant shall enter into a performance agreement and provide a financial
guarantee (in an amount to be determined)to assure completion of all required
buffer, screening and curb and gutter improvements. This performance agreement
and financial guarantee shall be posted prior to the release of the final plat for
filing with Hennepin County.
5-16-96 Page 2
_ Z O AVA N. f 1 t
SUWIT OR
0 CIA
I 1 "D#V:N CO.
UeWtY t
lanning Commission 61ST IA IN'N. „ �
Application No. 96006
J A �
i
0
-i— \ a r-7 yak
Pt i
W s > < °s'
e
R5 02 '
.t� alp
.pl u I,! `— Co. RD. No.to
110 ►T mRADED
21 IULVI"
/�J s I ii AVE. N.
T A r
7 SN YE. \ `X z
C, A, I
I I N /ARCS( 1
get
r7a LI A 1 t Pizo
BR OOKL '
CENT
6' 49TF1 AVE
600 0 600 1200 1800
•
�I
• !
Al
-_Z7
-L'I
Itt
oh�.
zw. J,7,V.Ffe pNlhfl
L
kill
x I
...... ------- M
U— < LW jW?'7 7YcY1,WO'P"
00
'Z
0
a: _3 >-
< (D om
Z LL.
7'- o ge I z lag
V)LTO 0-C Sy2
C) cv.
CL cr- a)gj u)
_j LO to
Planning Commission Information Sheet
Application No. 96007
Applicant: American Brake Service
Location: 5810 Xerxes Avenue North
Request: Special Use Permit
The applicant, Mr. Gar Matson, on behalf of American Brake Service (ABS), is seeking
a Special Use Permit to operate an automotive repair facility specializing in brake
service and repair in the former St. Paul Book and Stationary tenant space in the retail
center located at 5810 Xerxes Avenue North. The property in question is zoned C-2
(Commerce) and is bounded on the north by Northway Drive with the Summerchase
Apartments (formerly Four Courts Apartments) on the opposite side of the.street; by the
Norwest Bank facility on the east; by JoAnn Fabrics and Twin City Federal on the south;
and Xerxes Avenue North on the west. Gasoline service stations, motor vehicle repair,
and auto washes are special uses in the C-2 zoning district provided they do not abut
R-1, R-2, or R-3 zoned property including abutment at a street line. The Summerchase
Apartments are zoned R-5 , therefore, no abutment problems exist with this proposed
use.
Mr: Matson has submitted various written information relating to the operation and a site
plan showing the proposed location. He claims ABS Centers specialize in automotive
brake service and other under car services such as suspension, steering and constant
velocity joints. He notes ABS Centers do not perform under hood services such as
tuneups. Their plan is to remodel the approximate 5,200 sq. ft. tenant space into a four
bay service operation, customer waiting area, auto display area, sales counter, parts
storage room and office area. They propose to provide two overhead service doors,
one on the north wall and the other on the east wall,;at the northeast corner of the
building. This will eliminate at least four, possibly five, parking spaces in this location.
PARKING
This 14, 743 sq. ft. retail center is required to have 81 parking spaces based on the
parking standards of 5.5 spaces per 1,000 sq. ft. of gross floor area. There currently
are 90 spaces provided in the parking lot for this facility. Eliminating five spaces for the
American Brake Service proposal leaves a total of 85 parking spaces available. The
parking requirement for auto repair is three parking spaces per enclosed service bay
plus one parking space for each day shift employee. The formula also calculates space
for-service vehicles. ABS proposes to have no service vehicles. Based on this parking
formula, the approximate 2,400 sq. ft. devoted to service bays would require 16 parking
spaces. The retail parking formula for the same space requires 13 spaces (2.4 X 5.5 =
13.2), a deficiency of three spaces. The total of 85 parking spaces will cover the
deficiency, in fact, there will be a surplus of one parking space.
•
5-16-96 Page 1
SPECIAL USE PERMIT STANDARDS
The applicant has submitted a written statement indicating how he believes they meet
the standards for Special Use Permits contained in Section 35-220, Subdivision 2a
through a (attached). A Special Use Permit can be granted based on compliance with
these standards. The applicant indicates that American Brake Service is a clean,
efficient after market auto service company specializing in brake service repair,
suspension and other under car services. They believe these services will enhance the
general welfare of the community and they will not be detrimental to or endanger the
public welfare. They believe their service provides and creates a positive impact on the
communities in which they are located. They go on to indicate that they believe that
their color scheme for their tenant space will be pleasant and attractive. They note that
their hours of operation are between 8:00 a.m. and 5:30 p.m. Monday through Friday
and 8:00 a.m. to 2:30 p.m. on Saturday. They claim there is no outside storage
required for the operation and cars left overnight will be pulled indoors. They further
claim the business has light traffic and will not generate congestion or place any
financial strain on the neighborhood or surrounding properties. They go on to indicate
that ABS will compliment the other service oriented businesses in the'surrounding area.
They indicate that the parking lot and circulation for the center will be very functional.
They conclude by indicating that they will conform to all other applicable regulations in
the district.
We generally agree with the applicant's comments relating to the standards for Special
Use Permits, however, the possibility of open service doors and possibly outside
display and storage could have a detrimental effect on the neighboring residential area
to the north.. We would, therefore, recommend conditions of approval aimed at
preventing noise and visual pollution from this use. There should be absolutely no
outside storage of parts, equipment or trash'. The applicant has not indicated on the
plan their need for an outside trash disposal facility. Apparently all trash will be
confined to inside the building. The display of merchandise should be limited to that
which can be accomplished through the administrative permit process.
A public hearing has been scheduled and notices have been sent to surrounding
property owners.
RECOMMENDATION
All in all, it appears that this application is in'order and that the standards for Special
Use Permits can be met. Approval is, therefore, recommended subject to at least the
following conditions:
1. The Special Use Permit is granted to the applicant for an automotive repair
facility specializing in brake services and repair including under car services,
5-16-96 Page 2
such as suspension, steering and constant velocity joints. Any change in the
use of the operation not comprehended by this application or permitted under
the zoning ordinance will require approval of an amendment to this Special
Use Permit.
2. Building plans for tenant remodeling and overhead doors shall be reviewed
and approved by the Building Official prior to the issuance of building permits.
3. There shall be no service, repair or maintenance of vehicles out of doors and
all vehicles being so serviced and maintained shall be done so inside the
building with the overhead doors closed.
4. Any outside trash disposal facility and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
5. There shall be no outside display or storage of merchandise on this site other
than that which is authorized under Administrative Land Use permits.
6. The Special Use Permit is subject to all applicable codes, ordinances, and
regulations. Any violation thereof shall be grounds for revocation.
5-16-96 Page 3
AVI N. I
SMUIT r DR
sµssrAO CIS, PAW —�-�L
CIA
HDNEFIN CO.
Uawy It
�•I 6� = R 81ST 4E. N. �� / SEAVTfE
�ii000RE OR �
IT]
cl
J O
Planning Commission �
"� Z : Application No. 96007
.,
1A R5 02
Yo
CLLVOCT
MUM
ERI
Sam
\.✓ `/ �,
C2 .\. 4 �(t` SSiN AVE. N.
I5,5— AYE. _
^ 1 1
' 1 1 i
—} 54H. AYE. �� �1�, r, .
a iT
I ail
< I moo. Pt. v. y ;,� � •',l X J-� �<; F---< � <�
R4 I AYES
" 11
' N.
!AVE.N.11 BROOK L '
I L L41. F q "I 1 —1 i
CENT '
I P
/ / I , , . F �' i y j 1 1 600 0 600 1200 1800
1 i
�-- yrno„� 7Nuslx� .a I�
d _ -
aJ W O 41 �
S N C a _+
T Q• Z J I p
4 y _
Zj
�Qvo,C.;
S II \ I
UN I I nman
19•C � � �' I yjWMO I I
3.I z,�1 i� ❑I O O� � d I I J�1-
w l r� s.
=il I s I Z
OI�
L L-•I I awl _l� I CC•s'!•4) /! C/�N� `-�'� ��I �J -¢ T s�
�j`
• I
lei
;
iT- Q1
� ZA
-Ct r I I y I e- ' c l . II t.i
i I ivy II 3�� !•ri�n-I C I � I
.rye.
. N
_ � T
i Id.
11 L
Z IS �.
Z
,... .
NO
Q
1 �
:r N
� d
fl
=�' s:: .rr.,:.._...I%:lts 781.o•5:�y 3� 6 � /.,
lip
3 ? o ..; _ -
Za
' too
in
i :~ - = ..may" �_:1�• ;j .
_ I .� '�' ••? .``,.. .I; .Y=_try• �:,- ; � _
I __ I I ,I I ! J� ','� l• ! I 'I' 1 I' !''I I t 1 I- I�
DESCRIPTION OF BUSINESS
STRUCTURE --—� -
Sub-Chapter S Corporation
STATUS
Start-Up Operation, Automotive After Market Franchise
INTRODUCTION
American Brake Service (ABS) expansion program is being done through
area developers marketing directly to Franchisees. Gar Matson and Bonita
Klein are the area developers bringing this franchise opportunity to the State
of Minnesota.
BUSINESS PRODUCTS AND SERVICES
American Brake Service Centers specialize in automotive brake service.
ABS, Enc.'s years of experience in this industry have evolved into a highly
efficient system for troubleshooting, selling services, shop operations and the
overall management of the business. ABS Centers also provide other
undercar services that compliment the Brake Specialist theme such as:
suspension, steering and constant velocity joints. ABS Centers do not
perform under hood services, i.e. tune ups. ABS Centers are clean modern
and designed with production in mind. Most centers have four bays, a
customer waiting area, sales counter with office, parts storage room and a
well laid out shop area. American Brake Service Centers are finished in an
attractive color scheme, attractive exterior signage, appropriate landscaping
and efficient point of sale interior signage. By utilizing ABS techriiques,
purchasing power and other marketing skills, American Brake Service
Centers are highly price competitive in the marketplace. Most parts and
services carry a lifetime guarantee. The goals of American Brake Service is
to accommodate, service and satisfy the customer.
5 810 Xerxes Avenue North
Our plan is to remodel the former St. Paul Book and Stationary space which will house
American Brake Service and MTR, Ltd corporate offices as shown on the attached plans.
American Brake will service between eight (8) and twelve (12) cars per day with
approximately one-half(1/2) waiting. An additional three-six (3-6) cars will stop in for
information and estimates. ABS will employ approximately (4) employees.
MTR, Ltd. offices will employ (3) people.
Development and construction of this space will start in mid-June, 1996, with anticipated
completion at the end of July, 1996
•
BASIC INFORMATION ABOUT THE BUSINESS
THE FRANCHISOR IS:
American Brake Service, Inc.
3715 Northside Parkway, N.W.
Bldg. 300, Suite 500
Atlanta, GA 30327
Tel: 404-262-7005/800-362-7005
Fax: 404-262-0810
THE FRANCHISEE IS:
Garfield Matson Bonita Klein
NITR, ltd. XITR, ltd.
8443 University Ave. NE 8443 University Ave. NE
• Spring Lake Park, T'vLN 55432 Spring Lake Park, MN 55432
Tel.: 612-786-7606 Tel.: 612-786-7606
Fax: 612-786-7315 Fax: 612-786-7315
THE FEDERAL TAX IDENTIFICATION # IS:
41-1781558
THE BUSINESS OWNER IS:
Garfield Matson Bonita Klein
4575 Oakview Lane 8904 Fallon Ave. NE
Plymouth, Minnesota 5544 Monticello, Minnesota 55362
612-550-1817 612-295-5048
SOCIAL SECURITY # IS:
468-38-2367 471-56-7685
PERCENTAGE OF BUSINESS OWNED:
50% 50%
Mr. Matson and Ms. Klein will be actively involved in the daily operation of the business
as Managers and Franchise Owners. Their Personal Financial Statements are Exhibit C.
Secticn 35-2-20. .3FECIAL USE FER 1Z T.;
2. Standards for Soecial 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.
S. Revocation and Extension of Soecial 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-
• Jett 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 follcwing the date of abandon-
me nt.
' American Brake
_ o
A. American Brake Service is a clean, efficient aftermarket auto service company
specializing in brake repair, suspension and other under car services. These services will
enhance the general welfare of the community by helping motorists maintain and obtain
safe automobile performance at reasonable prices and high quality. All services will be
performed within the premises, therefore ABS's presence will not be detrimental to or
endanger the public welfare. ABS runs a first class operation, is proud of the service they
provide and creates a positive impact on the communities in which they are located.
B. The color scheme of light gray with blue and red provides a pleasant and attractive
look. We believe our appearance and ad campaign will help offer a positive impression of
our building, area, and Brooklyn Center. American Brake Service's hours are 8:00 to 5:30
Monday through Friday and 8:00 to 2:30 on Saturday. At its present location, it averages
12 -17 cars (customers) a day. There is no outside storage required for the operation of
the business, and cars still requiring service will be pulled inside in the evening. The
business has light traffic, will not fill up parking lots, generate congestion or place any
financial strain on the neighborhood or surrounding properties. Our shops nationally and
in Spring Lake Park are clean and neat. We try very hard to break the stereotype feeling
of auto service stores being dark and dirty.
C. American Brake Service will only complement the other service-oriented business in
the surrounding area, for it too provides a needed and valued service to communities.
This part of the community is well defined and built up. Our prices are very competitive,
our reputation excellent and we would like to be a part of Brooklyn Center business
community.
D. The parking lot for 5810 Xerxes is already in place and very functional. The store will
employ 3 to 4 persons. The office area will house Gar Matson, Bonita Klein and an
office person at a later date. Often the east side of the parking lot that can park
approximately 31 cars is vacant, so parking should not be an issue. There are two
ingress'slegresses located on Northway Drive. These are more than adequate to service
the extra one to two cars an hour that will be visiting American Brake Service.
E. American Brake Service will conform to all other applicable regulations in the district.
10650 Count-• Road-81 Suite105 Osseo. NIN 553o9 C,12-42--4808