HomeMy WebLinkAbout1996 07-11 PCP ti
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PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
JULY 11, 1996
REGULAR SESSION
1. Call to Order
2. Roll Call
3. Approval of Minutes -June 27, 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
recommendation to the City Council. The City Council makes all final decisions.
5. Phillips 66 Company 96009
• Site and Building Plan/Special Use Permit approval to build a convenience store/gas station
at 6901 Brooklyn Boulevard. (NOTE: This application should be tabled because the plan is
inconsistent with the existing plat for this property. A new, site plan will have to be
developed.)
6. Phillips 66 Company 96010
Request for a variance from Section 35-700 of the Zoning Ordinance to allow less than a 15
foot greenstrip along 69th Avenue North and along Brooklyn Boulevard. (NOTE: This
application should also be tabled as it is a companion application with 96009.)
7. Minnesota Muscle and Fitness, Inc. 96011
Special Use Permit approval to operate a fitness training and weight management facility in
the Northbrook Shopping Center at 1910 57th Avenue North.
8. Other Business
9. Adjournment
Planning Commission Information Sheet
• Application No: 96011
Applicant: Minnesota Muscle and Fitness, Inc.
Location: 1910 57th Avenue North(Northbrook Shopping Center)
Request: Special Use Permit
The applicant, Mr. Rajesh Dash on behalf of Minnesota Muscle and Fitness,Inc., is seeking a
Special Use Permit to operate a fitness training and weight management facility in the
Northbrook Shopping Center located at 1910 57th Avenue North. The shopping center property
is zoned C-2 (Commerce) and is bounded on the east by Logan Avenue North; on the southeast
by Acme Typewriter; on the south by 57th Avenue North and the Bill West Service Station; and
on the northwest by T. H. 100. This fitness training and weight management facility is
considered to be a special use under the category of uses containing"tennis clubs,racquet and
swim clubs and other athletic clubs,health spas and suntan studios." This is listed in the Zoning
Ordinance at Section 35-322, Subdivision 3p(attached).
The applicant has submitted a letter describing the proposed fitness training and weight
management facility (attached). The facility will occupy approximately 3,000 sq. ft. in the
easterly building located adjacent to Logan Avenue North and addressed as 1910 57th Avenue
North. Their tenant space will be immediately south of the Pilgrim Cleaner site. The letter
indicates that Minnesota Muscle and Fitness, Inc. operates a training facility for individuals for
strength, cardiovascular fitness and weight management utilizing stationary equipment,rehab
• equipment, exercise cycles and treadmills. Persons utilizing the facility are provided with guided
training by supervisors or managers who may also counsel clients on nutrition and related
matters. They also train individuals who are recuperating from injuries. It is anticipated that
there will be 12 to IS individuals in the facility at any given time and these individuals will
utilize the facility for:approximately 20 to 60 minutes each. These clients will come in for
training approximately two to four times per week depending on their program.
As indicated,this fitness training and weight management facility will occupy approximately
3,000 sq. ft. The ordinance required parking formula for racquet and swim clubs, athletic clubs,
health spas and the like is 20 spaces for the first 1,000 sq. ft. of gross floor area,plus one space
per 300 sq. ft. of gross floor area in excess of 1,000 sq. ft.,plus two spaces per outside tennis
court. There are no outside or inside tennis or racquet courts related to this use. The parking
requirement for this 3,000 sq. ft. space is,therefore, 27 parking spaces. The retail parking
formula for this 3,000 sq. ft. facility is 5.5 spaces per 1,000 sq. ft. of gross floor area or
approximately 17 parking spaces. Based on this,there is a need to provide ten additional parking
spaces on the site to accommodate this use. The Northbrook Shopping Center has a surplus of
parking beyond the minimum required for a retail center. The additional ten parking spaces
required for the use should not create any problem with respect to the availability of parking,
given this surplus.
7-11-96
Page 1
The applicant has also provided written comments as to how the facility will meet the standards
for Special Use Permits contained in Section 35-220, Subdivision 2 of the City.Ordinances. He
indicates the training facility will promote and enhance the general welfare and not be
detrimental to the public health because their facility promotes physical well being by training
individuals with cardiovascular health equipment. He also notes that their business will be
compatible with surrounding uses and will provide services to neighboring property as well. He
notes that the facility will not impede in any way orderly development or improvements in the
surrounding areas that they have adequate parking for their facility and that they will in every
way conform to all applicable regulations of the zoning district in which they are located.
The comments submitted by the applicant appear to be appropriate and we see no conflict with
the use being proposed and the standards for Special Use Permit contained in the Zoning
Ordinance.
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 the standards for special use permits are
met. Approval is,therefore,recommended subject to at least the following conditions:
1. The Special Use Permit is granted for a fitness training and weight management facility as
comprehended under the classification of use contained in Section 35-322, Subdivision 3p as •
an"other athletic club." Any change in the use of this 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 occupancy of this space are subject to the approval
of the Building Official prior to the issuance of permits.
3. The granting of this Special Use Permit is subject to the applicant complying with all
applicable codes, ordinances and regulations relating to the operation. Any violation thereof
may be grounds for revocation.
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7-11-96 •
Page 2
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Section 35-220. SPECI4NL USE PEMMIT S
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.
S. 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.
35-322
k. Drop-in child care centers licensed by the Minnesota Department of
Public Welfare pursuant to a valid license application, provided •
that a copy of said license and application shall be submitted
annually to the City.
2. Special Requirements
a. See Section 35-412 of these ordinances.
3. Special Uses
a. Gasoline service stations (see Section 35-414) , motor vehicle
repair and auto washes provided they do not abut an R1, R2, or R3
district, including abutment at a street line; trailer rental in
conjunction with these uses, provided that there is adequate
trailer parking space.
b. The sale or vending at gasoline service stations of items other
than fuels, lubricants or automotive parts and accessories (and
other than the vending of soft drinks, candy, cigarettes and other
incidental items for the convenience of customers within the
principal building) provided adequate parking is available
consistent with the Section 35-704, 2 (b) and 2 (c) .
c. Drive-in eating establishments and . convenience-food restaurants
provided they do not abut an R1, R2, or R3 district including
abutment at a street line. (However, convenience food restaurants •
without drive-up facilities and located within the principal
structure of a shopping center of over 250,000 sq. ft. of gross
floor area shall be considered a permitted use.)
d. Eating: establishments offering live entertainment; recreation and
amusement places such as motion picture theaters and legitimate
theater; sports arenas, bowling alleys, skating rinks, and
gymnasiums, all provided they do not abut an R1, R2, or R3
district, including abutment at a street line.
e. The sale of motor vehicles at retail.
f. The out-of-door display and sale of marine craft at retail.
g. Transient lodging.
h. Animal hospitals.
i. Public transportation terminals (excluding truck terminals) .
J . Clubrooms and lodges.
k. Accessoiry off-site parking not located on the same property with
the principal use, subject to the provisions of Section 35-701.
35-322
1. Sauna establishments and massage establishments, provided they do not
• abut any residential (R1 through R7) district, including abutment at
a street line.
M. School bus garage facilities provided all storage, including
vehicles, and minor servicing and minor repair shall be conducted
wholly within an enclosed building and further provided it does not
abut any residential (R1 through R7) districts, including abutment at
a street line.
n. Amusement centers provided the property on which the amusement center
is to be located is not within 150 feet of any residentially zoned
(R1 through R7) property.
o. Automobile and truck rental and leasing.
p. Tennis clubs, racket and swim clubs and other athletic clubs, health
spas and suntan studios.
q. Group day care facilities provided developments, in each specific
case, are demonstrated to be:
1. Compatible with existing adjacent land uses as well as with those
uses permitted in the C2 district generally.
2. Complementary to existing adjacent land uses as well as with
those uses permitted in the C2 district generally.
• 3. Of comparable intensity to permitted C2 district land uses with
respect to activity levels.
4. 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 those facilities, the immediate
neighborhood, or the community.
5. Traffic generated by other uses on the site will not pose a
danger to children served by the day care use.
Furthermore, group day care facilities shall be subject to the special
requirements set forth in Section 35-412.