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HomeMy WebLinkAbout1998 11-12 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER NOVEMBER 12, 1998 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - October 29, 1998 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. William R. Stoner • 98021 Request to rezone the property at 5001 Drew Avenue North from C-2 (Commerce) to C-1 (Service/Office). 6. Speedway SuperAmerica LLC 98023 Request for Preliminary Plat approval to transfer property from the newly created Regal Road Addition to the Super America site. 7. Speedway SuperAmerica LLC 98024 Request for Site and Building Plan and Special Use Permit approval to construct a 24' x 36' freestanding car wash addition to the existing Super America site, 6545 West River Road. �! i • 8. Brookdale Corner LLC 98025 Request for Preliminary Plat approval to combine three parcels of land located at the southwest corner of Xerxes Avenue and County Road 10 into a single parcel. 9. CSM Corporation 98026 Request for Site and Building Plan approval for a 6,000 sq. ft. office building with a drive up facility on the property located on Northway Drive, just north of County Road 10. 10. Other Business a. Set Meeting for December 3, 1998 11. Adjournment • i • I I Application Filed on 9-17-98 i City.Council Action Should Be Taken By 11-16-98 (60 Days) Planning Commission Information Sheet Application No. 98021 Applicant: William R. Stoner Location: 5001 Drew Avenue North Request: Rezoning The applicant, Mr. William R. Stoner, requests approval to rezone from C-2 (Commerce)to C-1 (Service/Office) the parcel of land addressed as 5001 Drew Avenue North. The land in question is currently occupied by a 1,605 sq. ft. building which has been utilized by a variety of uses since it was converted from a gas station to a restaurant in 1979 and a 1,512 sq. ft. garage/storage building. The property is located at the northwest comer of Drew and 50th Avenues North. It is bounded on the north by R-1 zoned land; on the east by Drew Avenue with R-5 zoned property on the opposite side of Drew(the entrance and parking lot for the Twin Lakes Manor Apartments); on the south by 50th Avenue with I-2 zoned property on the opposite side of the street; and on the west by R-4 zoned land containing a four plex addressed as 3616 50th Avenue North. The reason the applicant is pursuing this downzoning of the property is to limit the allowable commercial uses of the land to strictly service/office uses which would allow him to make an expansion of the building and reduce the buffer zone required for general commerce uses. The property, as previously indicated, has been utilized in a variety of ways since it was converted from a gas station to a restaurant. Under the current zoning it is allowed to be utilized by any permitted use in the C-2 zone which includes*retail sales, restaurants (provided they do not offer live entertainment or are not a convenience food restaurant or a drive-in restaurant), all service/office uses, various repair/service uses, educational uses and a variety of special uses. The rezoning, if approved,would limit the commercial uses to the service/office uses allowed in the C-1 zoning district. Attached for the Commission's review is a copy of Section 35-322, Subdivisions 1 thru 3, listing the allowable uses in the C-2 zoning district and Section 35-320, Subdivisions 1 thru 3, listing the allowable uses in the C-1 zoning district. Both of these sections are offered for the Commission's review to compare and contrast the allowable uses in the particular zoning districts. GUIDELINES FOR EVALUATING REZONINGS All rezoning applications are reviewed in light of the rezoning evaluation policy and review guidelines contained in Section 35-208 of the City's zoning ordinance(attached). The applicant 11-12-98 10-15-98 • Page 1 has submitted a letter(also attached) in which he comments on each of the guidelines. The following is a listing of the guideline,the applicant's comments and the staff response to each of • the guidelines: A. Is there a clear and public need and benefit? The applicant notes that the rezoning will benefit the public, since the C-1 classification is more directed for an office structure. This also exhibits a less intense, less intrusive, use of the property. He notes that the current zoning calls for C-2, which affords a wider range of business, commercial and retail usage. He also notes that it is his intent to rezone the property to use the property solely as an office structure. The staff sees the downzoning of the property to be a public benefit by limiting the uses of the property to the less intense commercial uses authorized in a C-1 zone. The property could not be contemplated in the future for retail uses, various repair/service uses,restaurant uses and a variety of other uses that may not be considered as compatible,particularly with the R-1 zoned property to the north. B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? The applicant notes that the downgrading of the zone classification for his property is not only compatible but would be,more consistent with the neighboring residential properties. The staff would agree with this statement noting that the downzoning does allow or restrict, if you will, the uses to a less intense commercial utilization of the property. This is not to say that C-2 uses cannot be property located adjacent to residential zoned property,but the C-1 zoning does allow for less intense commecial utilization of the property and may be considered more compatible. C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? The applicant comments that the rezoning request is limited to his property,which is currently being used as an office structure. He states he will not change the type of business on this property. The staff would comment that all of the uses in the propsoed C-I zoning district can 11-12-98 10-15-98 Page 2 M \` 4 be contemplated for this property. In fact, some of the uses allowed under the existing C-2 zone cannot be allowed to abut R-1 zoned property. In our opinion, this is a more compatible zoning designation given this particular situation and the size of the property under consideration. D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? The applicant notes that the property was completely remodeled/updated in 1994 by the previous owner. The remodeling of the building, he believes, enhanced both the appearance and functionality of the buildings and surrounding landscape. He notes that the property has two separate buildings apart from one another; an office building and a garage. He notes his plan is to connect the two buildings making a more efficient use of the structure. He states that the garage will remain as a garage for storage. The project will require moving the existing parking spaces to the rear of the structure and he has provided a sketch drawing of his proposal showing a connection of the two buildings and the appropriate amount of parking spaces. He adds that the use of the building will continue to be an office use with smalr storage. There have been no real physical or zoning classification changes in this area since the subject property was zoned C-2 which goes back to the 1960's at least. The changes that have been made to the building by the previous owner are believed to be appropriate and compatible. I believe the City has long felt that a less intense commercial utilization of this property was in the best interests of the neighborhood. However, in 1979 when the then applicant proposed to convert the gas station to a restaurant, there was no real zoning reason for the City to deny this conversion given the fact that the applicant could comply with all of the requirements of the C-2 zone for such a use. A number of different uses of the property have taken place over the years and, as mentioned previously, it has long been felt that it would be best if a service/office zoning designation and utilization of the property could be instituted. This, for the most part, depended upon the owner of the property seeing the wisdom of limiting the utilization of the property to only service/office uses. E. In the case of city initiated rezoning proposals, is there a broad public purpose evident? Not applicable. F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? 11-12-98 10-15-98 • Page 3 c The applicant notes that it is his full intention to comply with all zoning ordinance requirements as adopted and enforced by the City of Brooklyn Center. The rezoning of the property to a C-1 zoning designation will allow for more utilization of the property because the buffer requirements between an R-1 zoned parcel and C-2 zoned property would be reduced from a 35 ft. requirement to a 15 ft. buffer requirement where there is C-1 abutment. This change would allow the applicant to expand parking for the service/office use proposed about 20 ft. closer to the north property line. It still would require screening of the parking lot but this would allow the ability to expand the site so that additional service/office space could be provided. As the applicant has noted,he wishes to connect the two buildings on the site with an approximate 1,500 sq. ft. expansion,which would be for a service/office use. If the proposed rezoning is approved,the applicant will need to go through a site and building plan process in order to accomplish the expansion he proposes. It may be worthwhile to bring along a site and building plan application if the Planning Commission feels the rezoning is appropriate. G. Is the subject property generally unsuited for uses permitted in the present zoning district,with respect to size, configuration,topography or location? The applicant notes that the C-1 zoning classification is more consistent with the type of business that he operates and notes that the structure has been remodeled to accommodate an office. He believes the C-2 zoning classification is, therefore, unnecessary. The staff generally beleives that the C-2 utilization of this particular property is probably not appropriate. The C-1 or service/office utilization is a better use of the property, given the surrounding land uses. The C-1 rezoning of the property will rule out the more intense and perhaps less desireable commercial uses allowed in the C-2 zoning district. H. Will a rezoning result in the expansion of a zoning district,warranted by: 1. Comprehensive Planning; 2. The lack of developable land in the proposed zoning district; or 3. The best interests of the community? The applicant states that the proposed rezoning downgrades the current zoning classification making the property less intrusive to the neighboring residential area. The staff does not feel that this minor rezoning or downzoning of the land would be inconsistent with the City's Comprehensive Plan. The Comprehensive Plan really 11-12-98 10-15-98 Page 4 makes no specific mention of the subject property. As far as the lack of developable land in the proposed zoning district, there is a lack of developable land in most zoning districts in the city. In this case, the land would not result in new development but some additional redevelopment of the property, which would be allowed if the zoning change is made. Limiting the commercial utilization to a less intrusive service/office use is considered to be in the best interests of the community. I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The applicant notes that he purchased the property for use as a manufacturer's representative, which is a small business with less than five employees and regular business hours of 8 00 a.m. to 5:00 p.m. Monday thru Friday. He notes that he intends to maintain this type of operation. The staff believes that the business being run by the applicant, and the possible expansion should not be intrusive to the neighboring properties. We also believe that the limiting of commercial utilization of the property is in the best interests of the community as a whole and for this reason believe that the proposal does demonstrate merit beyond just the interests of the owner. The rezoning evaluation policy and reivew guidelines note that the city policy is that zoning classifications must be consistent with the Comprehensive Plan and rezoning proposals must not constitute"spot zoning", which is defined as a zoning decision which discrimminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principles. We find no significant conflicts with this policy as noted above in our review of the guidelines for rezoning. Even though this is a small parcel it does not constitute"spot zoning"as long as it relates to the Comprehensive Plan or accepted planning principles. As mentioned previously, the Comprehensive Plan really does not address this particular property,but good planning principles do attempt to protect residentially zoned property from the more intense commercial and industrially used properties which may be surrounding it. We find no conflict with this proposal in that regard. PROCEDURE It is the City's practice with respect to rezoning applications for the Planning Commission to open a public hearing, take comments and then table the application and refer it to the relevant Neighborhood Advisory Group for review and comment. In this case,the rezoning would be referred to the Southwest Neighborhood Advisory Group for additional review and comment. We will send notices to the members of the Neighborhood Advisory Group and try to establish a 11-12-98 10-15-98 Page 5 time for the neighborhood group to meet so that this matter can be moved along in an expeditious manner. It may, however, be encessary for the applicant to consider waiving the 60 day limitation on consideration of a zoning matter which is imposed upon us by the State Legislature so that the proper input can be gained. Discussion along this long between the Commission and the applicant would be appropriate. It is recommended that the matter be referred to the Southwest Neighborhood Advisory Group for additional review and comment. I i i 11-12-98 10-15-98 Page 6 FRANCE t 1 LA x Z 3• C �" �� �• :' �;��, � 57TH A N � N e .»� �WRQUEST X � 56TH. AyE f% �/ '.��`:�/i�'�• �AVEtk r %:, %•/,:::'��' /.ILK y Ri 4.1 'ER14LLIH 35TH. AVE. �} ' %' %;:;•;/ii'r'::/;,;;�i,i , 54TH. AVE = < 53RD. PL N. N. f "';��;::� !,ice'/::•'.': �/ /'. PLANNING COMMISSION APPLICATION NO. 98021 51ST AVE. ' / 49TH MIDDLE TWIN LAKE r m I r s R4a,._ r , 47TH AVE. RYAN LAKc r ,4 1 ' ,�/ \ 46� AVE. N. 46TH AVE. ' 01 STONER & ASSOCIATES, INC. representing manufacturers worldwide September 15, 1998 City of Brooklyn Center Planing Commission 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Application to Rezone Property Located at 5001 Drew Avenue North LEGAL DESCRIPTION: "The North 150 feet of the South 183 feet of the East 165 feet of the Northwest V4 of the Southwest 1/4 of the Northeast '/4 of Section 10, Township 118 North, Range 21, except the East 30 feet thereof, Hennepin County, Minnesota. Dear Planning Commission Members: Attached is application for request to rezone a property I recently acquired, located at 5001 Drew Avenue orth, in Brooklyn Center. I am requesting that the zoning class be downgraded from the current C2 assification to a C 1 classification. With consideration to Brooklyn Center's comprehensive planning program, I submit the following comments to issues outlined in the 'guidelines'portion of the 'REZONING EVALUATION POLICY AND REVIEW GUIDELINES' brochure. A. The rezoning will benefit the public, since a Cl classification is more directed for an office structure. This also exhibits a less intense, less intrusive, use of the property is intended. Current Zoning calls for a C2,which affords a wider range of business, commercial and retail usage. My intent is to rezone the property, as I intend to use the property solely as an office structure. B. The downgrading of the Zone classification on my property is not only compatible but would be more consistent with the neighboring residential properties. C. The rezoning request is limited to the property,which is currently being used as an office structure. I will not change the type of business on this property. D. This property was completely remodeled/updated in 1994 by the previous owner. The remodeling of the buildings enhanced both the appearance and functionality of the buildings and surrounding landscape.At this time, the property has two separate buildings apart from one another; an office building and a garage.' My plan is to connect the two buildings, making a more efficient use of the structure. The garage will remain as a garage for storage. This project will require moving the existing parking spaces to the rear of the structures. Attached is a drawing of the lot, as it now exists, and drawing of the proposed connection of the two buildings with appropriate number of parking spaces. The two buildings will continue serving as an office structure and Wall storage. E. Not- Applicable (612) 525-8067 • (612) 546-0173 • fax: (612) 593-1967 701 Decatur Avenue North, Suite 201 • Minneapolis, MN 55427 F. It is my full intention to comply with all zoning ordinance requirements as adopted and enforced by the City of Brooklyn Center. G. Current Zoning is not consistent with the type of business I am operating on this property..Zoning classification C 1 is more consistent with the type of business the structure has been remodeled to accommodate - Office. Therefore, it is unnecessary to retain the C2 classification. H. As stated above, the proposed rezoning downgrades the current zoning classification, making the property less intrusive to the neighboring residential area. I. As stated above, I recently purchased the above property for use in my business as a manufacturer's rep. I am a small business owner,with less than five employees. Regular business hours are 8:00 am - 5:00 PM, Monday - Friday. I intend to maintain this protocol. Thank you for your time in reviewing my request. I will attend the October 15 Planning Commission Meeting when this item is presented. In the meantime, please feel free to contact me if you have any questions or concerns. I can be reached, in my office, at 525-8067. Best Regards, William R. Stoner President STONER&ASSOCIATES, INC: Section 35-208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. Puroose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77-167, the City Council has established a rezoning evaluation policy and review guidelines. I 2. Policy It is the policy of the City that: A. Zoning classifications must be consistent with the Comprehensive Plan, and, B. Rezoning proposals will not constitute "spot zoning", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. WA'_'. .Quidelines v A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City-initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1. Comprehensive planning; 2. The lack of developable land in the proposed zoning district; or, 3. The best interests of the community? 1. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35-208 Revised 2-95 i ---.... _.._.. ort P/>, � l . Me_ QT41A66 IN, ; EjCIS'f• � � I OF�I C.Ej 5 r L I�O Rw Potort i. 14 qN I I - -)0 T 4 AVEN tie. No�-rN -- --- a O i �VP i � N a w AVPF�+ue Noes--y � I 3. Special Uses a. Accessory o ff- ite parking not located on the same property y with the principal use, subject to the provisions of Section 35-701. b. All of the special uses set forth in Section 35-320 shall be allowed by special use permit in the C 1 A district. Section 35-322. C2 COMMERCE DISTRICT. 1. Permitted Uses a. The retail sale of food. b. Eating establishments, provided they do not offer live entertainment and further provided that the category does not permit drive-in eating places and convenience- food restaurants. c. The following uses: 1. The retail sale of heating and plumbing equipment, paint, glass, and wallpaper, electrical supplies, and building supplies. 2. 'The retail sale of tires, batteries and automobile accessories and marine craft accessories. 3. The retail sales of apparel and related accessories. 4. The retail sale of furniture,home furnishings and related equipment. 5. The retail sale of miscellaneous items such as the following: Drugs and proprietary items Liquors Antiques and secondhand merchandise Books and stationery Garden supplies Jewelry Flowers and floral accessories Cigars and cigarettes Newspapers and magazines Cameras and photographic supplies Gifts,novelties and souvenirs 35-32 Pets Optical goods Sporting goods and bicycles d. Service/office uses described in Subsection (b) through (u) and Subsection (w) of Section 35-320. e. The following repair/service uses: 1. Electrical repair service shops. 2. Household appliances, electrical supplies, heating and plumbing equipment. 3. Radio and television repair service shops. 4. Watch, clock and jewelry repair service shops. 5. Reupholstery and furniture repair shops. 6. Laundering, dry cleaning and dyeing. 7. Equipment rental and leasing services. f. The following medical and health uses: 1. Hospitals, not including animal hospitals. 2. Medical laboratories. 3. Dental laboratories. 4. Nursing care homes, (at not more than 50 beds per acre), provided that these institutions shall where required by state law, or regulation or by municipal ordinance, be licensed by the appropriate state or municipal authority. g. The following contract/construction uses: 1. Building construction contractors' offices. 2. Plumbing, heating and air conditioning contractors' offices. 3. Painting, paper hanging and decorating contractors' offices. 4 3 5-33 4. Masonry, stone work, tile setting and plastering contractors' offices. 5. Carpentering and wood flooring contractors' offices. 6. Roofing and sheet metal contractors' offices. 7. Concrete contractors' offices. 8. Water well drilling contractors' offices. h. Educational uses. i. Accessory uses, incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1. Offstreet parking and offstreet loading. 2. Signs as permitted in the Brooklyn Center Sign Ordinance. 3. Outside display and sale-of merchandise provided that an administrative permit is first obtained pursuant to Section 35-800 of these ordinances. j. Other uses similar in nature to the aforementioned uses, as determined by the City Council. 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 Rl,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. 35-34 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, R3 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 RI,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. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. 1. Sauna establishments and massage establishments, provided they do not abut any residential (RI 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. 35-35 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. 3 5-36 1 I 3. Playground equipment and installations including swimming pools and tennis courts. 4. Signs as permitted in the Brooklyn Center Sign Ordinance. 5. A real estate office for the purpose of leasing or selling apartment units within the development in which it is located. 6. Home occupations not to include special home occupations as defined in Section 35-900. e. Licensed residential programs with a licensed capacity,of seven to 16 adults or children required to be permitted by M.S. 245A.11, Subd. 3 and M. S. 462.357,Subd. 8. f. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons required 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. 8. V 2. Special Requirements a. See Section 35-410 of these ordinances. Section 35-320. C1 SERVICE/OFFICE DISTRICT. 1. Permitted Uses The following service/office uses are permitted in the C 1 district, provided that the height of each establishment or building shall not exceed three stories, or in the event that a basement is proposed, three stories plus basement: a. Nursing care homes, (at not more than 50 beds per acre),provided,however,that such institutions shall,where required by state law,or regulations of the licensing authority, be licensed by the appropriate state or municipal authority. b. Finance, insurance, real estate and investment office. c. Medical, dental, osteopathic, chiropractic and optometric offices. 3,-28 d. Legal office,engineering and architectural offices, educational and scientific research offices(excluding laboratory facilities),accounting,auditing and bookkeeping offices, urban planning agency offices. 1 e. Religious uses, welfare and charitable uses, libraries and art galleries. f. Beauty and barber services. g. Funeral and crematory services.. h. Photographic services. i. Apparel repair, alteration and cleaning pickup stations, shoe repair. j. Advertising offices,provided that the fabrication of signs shall not be a permitted use. k. Consumer and mercantile credit reporting services office, adjustment and collection service offices. 1. Duplicating, mailing and stenographic service offices. m. Employment agency offices. n. Business and management consultant offices. o. Detective and protective agency offices. p. Contractor's offices. q. Governmental offices. r. Business association, professional membership organizations, labor unions, civic, social and fraternal association offices. S. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory. Such accessory uses to include but not be restricted to the following: 1. Offstreet parking and offstreet loading. I Sims as permitted in the Brooklyn Center Sign Ordinance. 35-29 40 I The compounding, dispensing or sale (at retail) of drugs, prescription items, patent or proprietary medicines, sick room supplies, prosthetic devices or items relating to any of the foregoing when conducted in the building occupied primarily by medical, dental, osteopathic, chiropractic or optometric offices. 4. Retail food shops, gift shops, book and stationery shops, tobacco shops, accessory eating establishments, sale and service of office supply equipment, newsstands and similar accessory retail shops within multistory office buildings over 40,000 sq. ft. in gross floor area, provided: that there is no associated signery visible from the exterior of the building; there is no carry-out or delivery of food from the lot; and the total floor area of all such shops within a building shall not exceed 10%of the total gross floor area of the building. t. Other uses similar in nature to the aforementioned uses as determined by the City Council. u. Financial institutions including, but not limited to, full-service banks and savings and loan associations. V. 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. w. Leasing offices, provided there is no storage or display of products on the use site. 2. Special Requirements a. See Section 35-411 of these ordinances. ,5-30 3. Special Uses a. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. b. Group day care facilities provided that such 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 C 1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the C 1 district generally. 3. Of comparable intensity to permitted C 1 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. and fiu-ther provided that the special requirements set forth in Section 35-411 are adhered to. C. Instructional uses for art, music, photography, decorating, dancing and the like and studios for like activity. Section 35-321. CIA SERVICE/OFFICE DISTRICT. 1. Permitted Uses (No height limitation) a. All of the permitted uses set forth in Section 35-320 shall be permitted in a building or establishment in the C 1 A district. 2. Special Requirements a. See Section 35-411 of these ordinances. 35-31 Application Filed on 10-22-98 City Council Action Should Be Taken By 12-21-98 (60 Days) Planning Commission Information Sheet Application No. 98023 Applicant: Speedway Super America LLC Location: Southwest Quadrant of 66th Avenue North and T. H. 252 Request: Preliminary Plat The applicant, Mr. Roman Mueller, on behalf of Speedway Super America LLC, is seeking preliminary plat approval to transfer property from the newly created Regal Road Addition to the Super America(SA) site located at 6545 West River Road. The purpose of the transfer would be to "square out"the SA site in order to accommodate a proposed car wash expansion(see companion Application No. 98024). The property under consideration is located at the southwest quadrant of 66th Avenue North and T.H. 252. It is surrounded on the north by 66th Avenue; on the east by T.H. 252; on the south by I-694; and on the west by Camden Avenue North. The Super America site is zoned C-2 (Commerce)while the balance of the property is zoned PUD/C-2 (Planned Unit Development/Commerce). The relimin plat includes Lots 2 and 3; Block 1 of the recently approved Regal Road P �'P Development Addition and Lot 1, Block , Super America Addition. Lot 3 of the Regal Road Development Addition is the site for the proposed 20 screen theater approved under the PUD for Centres Group. Lot 2 of the Regal Road Development Addition is a future restaurant site for which no specific plan has yet been approved. The preliminary plat calls for an exchange of an approximate 25 ft. by 320 ft. strip of land to be added to the south portion of the SA site and an approximate 14 ft. by 75 ft. strip of land to be added to the west portion of the SA site. The exchange will result in the creation of a 70,786 sq. ft. (1.625 acre)parcel for SA. The proposed Lot 2 will be 55,917 sq. ft. (1.284 acres) and will remain for future restaurant development while the proposed Lot 3,will be the 594,318 sq. ft. (13.643 acre)theater site. The proposed plat will be known as Regal Road Development, Second Addition. It should be noted that Centres Group,the developer of the theater site,has not yet filed the plat for Regal Road Development Addition which will have to be accomplished before the subject proposed plat can be filed. The applicants under this application(Super America) are attempting to receive preliminary and final plat approval by the City Council at the same time. 11-12-98 Page 1 The survey information used for the majority of this preliminary plat was that obtained for the Regal Road Development Addition. The preliminary plat shows the location of utilities and the 40 easements retained for the theater development. These include the vacated 65th Avenue and North Lilac Drive rights-of-way. The preliminary plat shows the drainage and utility easement for the theater's retention pond as well as the 30 ft. wide sanitary sewer easement running between 65th Avenue on the south and 66th Avenue on the north. The balance of the 30 ft. easement should be indicated over that portion of the plat that will be the Super America site (the west property line of the proposed Lot 1). The City Engineer is reviewing the preliminary and final plat applications and may have additional comments. The area of the plat, for the most part, has been subject to Watershed Commission review with the theater PUD. No additional Watershed review will be necessary. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION The proposed preliminary plat appears to be in order and approval of this application 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. Appropriate drainage and utility easements shall be shown over the proposed Lot 1, Block 1, to protect existing sanitary sewer in a manner acceptable to the City Engineer. 4. Appropriate driveway and cross access easements indicating the relationship between the proposed Lots 1 and 2 shall be filed with the final plat for this property. 11-12-98 Page 2 ■' 1 MIN , i �� .t - IN !,• , � ■ ins f ■ �111111 : � -_ - -_ ,� � � Y�i ■� _ . ■ . ■ IN ttt WE Wil INA WE WE WN WAI OWN IOWA - i L■ ■ M � a Z •iiil� it ISM p FIX I �/ � 11 �'• 1 � I Ali I ' , - / ��/r o- �I 1 1 l � /I I• \ �rl`�;' �� „�Sao NO Vy' ° 1 it+ II f'11: rti�\ 1 I F r_�11 { �`♦ ,tit ti 1 it is � ,I ^.'1\ (� �\\I 1 _ I I I� ► • r I t � iiil�t�tltrlit� _ a NW4'. �I� It t� \ Ca rl N < Jr I � l tiririr//itrt1l�J,/t,tttt (� }{} ' i i I J F�-H+I}{(•{�}}H}KK� �Jii�l-If•�1-�M`riC/ /�,/•• 1 ���j/�n\1 � , »�•j•°.�"� �„�1 r r,�� ��i I iii^• ��n#n y �lF < 1 11 1 1 .1 1 1... ia!�r l r u + 11+1+ �/• I /�� ^I`n111\I Nm It j 1.,J , n 1� � '�%� ; � �. •r 1 /��/ \ �1111101 O / VIII V \\\1 Tfi iy its, 11-1 1. N iii#iiijj • #� ■�+ 5=�: av3 #i '�a c r ; it l�tt= sal l t( t{si;zjjs filiJ IJ i sP ♦!' t f*J fA $ 1� }T]I ?gini a � � f } � 1 • f Zi � A j R I I I - I a • r i it Application Filed On 10-21-98 City Council Action Should Be Taken By 12-20-98 (60 Days) Planning Commission Information Sheet Application No. 98024 Applicant: Speedway Super America LLC Location: 6545 West River Road Request: Site and Building Plan/Special Use Permit The applicant, Mr. Roman Mueller on behalf of Speedway Super America LLC, is seeking site and building plan approval and a special use permit to construct a 24 ft. by 36 ft. (864 sq. ft.) freestanding car wash addition to the existing Super America(SA) site at 6545 West River Road. The property under consideration is zoned C-2 (Commerce) and is located at the southwest corner of 66th Avenue and T.H. 252. Gasoline service stations and auto washes are acknowledged special uses in this zoning district per Section 35-322, Subdivision 3a of the zoning ordinance. Section 35-414, Subdivision 6 of the ordinance allows vehicle washes to be in a separate building from the principal building on the site provided materials and exterior treatment of the vehicle wash building are of the same level of quality as the principal building. The site is bounded on the north by 66th Avenue; on the east by T.H. 252 and on the south and west by properties zoned PUD/C-2 that are part of the Regal Theater site and a site proposed for future restaurant development. SA has reached agreement with Centres Group, owner of the theater and future restaurant site,to convey land to SA so that the proposed car wash addition can be pursued (see Planning Commission Application No. 98023). ACCESS/PARKING SA and the future restaurant site located to the west will share an access and median break which has been developed on 66th Avenue North in accordance with traffic study recommendations made at the time Holiday Stationstores proposed to develop the site on the north side of 66th Avenue. This access has recently been installed. A right turn only access is located 82 ft. of the newly created shared access. The new freestanding car wash building is to be located to the southwest of the existing building and will be separated from that principal building by 6 ft. Circulation around the back, or south side of the building,will be from east to west with a stacking lane of approximately 150 ft. which will accommodate at least six to seven vehicles. Also, a bypass lane will be provided to service vehicles not wishing to wait in line. It is recommended that directional signery be provided to indicate a one way flow of traffic around the south portion of the building to avoid potential on site congestion. 11-12-98 Page 1 y The plan provided makes some modifications to parking on the site. The total number of parking spaces will be reduced by six, from 38 to 32 spaces. The parking requirement for the 4,200 sq. ' ft. Super America store and the 1,344 sq. ft. Subway annex is 31 parking spaces (4,200 sq. ft. plus 1,344 sq. ft. times 5.5 spaces/1,000 sq. ft.) The plan provides for 22 parking spaces along the northeast and east side.of the site; five spaces in a relocated area west of the store; and the five existing spaces by the Subway Shop. The 32 parking spaces provided exceed the minimum requirement without giving any credit for pump island parking. The modifications to the parking on the site include a widening of the drive lane on the east end of the building with the green strip being parallel to the easterly right-of-way line along T. H. 252. A new landscape/trash enclosure/parking area will be provided to the west and north of the new car wash building. The existing driveway around the south side of the building will be scaled back to be within the newly established property line for SA. Bollards placed in concrete, 10 ft. on center, will be constructed on the south property line separating the SA site from the theater property. A proposed ponding area is to be located on the theater property along this property line. The theater was required to provide a barrier in this area to keep vehicles attempting to shortcut from crossing the property line in this location. SA has agree in their negotiations to provide this required barrier. GRADING/DRAINAGE/UTILITIES Not much change is being made to the site with respect to grading, drainage and utilities. Modifications to the existing south drive lane will require new B-612 curb and gutter. Two new catch basins will be installed along the south curb line to collect drainage on the site. New curb and gutter will be installed where modifications to the green strip on 66th and on 252 are being made. It should be noted that the site plan shows only a ten foot green strip in the newly installed area between the two accesses serving the site along 66th Avenue. This area must be modified to provide the required 15 ft. green strip and such a condition should be noted. A heated pad with a trench drain will be provided to the west of the car wash building exit to minimize water track out. The existing building has sewer and water provided from the existing mains located in an easement area along the west property line of Super America. The City Engineer is reviewing the plan and may have additional comments. No Watershed review is required as this site is less than five acres in area. LANDSCAPING The applicant has provided a landscape plan in response to the landscape point system utilized by the Planning Commission for making recommendations with respect to landscape plans. The site is 1.5 acres in area and requires 120 landscape points. The applicant is proposing to make use of some existing landscaping on the site and to add additional landscaping to provide 152 landscape 11-12-98 � Page 2 points. Five existing deciduous trees(two Linden and three Maples) will be retained in the green strip areas along 66th and T. H. 252. New shade trees to be provided are two Firedance Red Maple in the 252 green strip near the bus stop. Six new ornamental trees are to be added, four Spring Snow Crabapple in the new landscape area between the new access and the revised access to the site along 66th Avenue. Two Amur Maple will be located in a landscape area along the east side of the existing building and eight Colorado Spruce Trees will be added, four in the new landscape area to the west of the building and four at the southeasterly portion of the site. Fifty shrubs including Carpet Juniper,Japanese White Spirea, Mint Julep Juniper, Anthony Waterer Spirea and Hyperion Daylily will be provided in landscape beds at various locations in the green strip. All landscaped areas will continue to be provided with underground irrigation. BUILDING/TRASH ENCLOSURE As previously mentioned,the car wash is a 24 ft. by 36 ft. freestanding building that will have overhead doors on the east and west sides. The car wash is a rollover type with all washing and drying operations contained totally within the building. The exterior is proposed to be a face brick that will match the exterior on the existing building. It will contain two rows of soldier course brick again to match the existing building. It will have a metal hip type roof identical to that on the store. The trash enclosure will be located just to the north of the car wash building and west of the existing Stationstore building. The plans do not indicate the exterior treatment for the trash enclosure, however, I have been assured that it will be a masonry structure with face brick to match the existing building. Also, solid opaque gates will be provided on the north side of the trash enclosure area. SPECIAL USE STANDARDS The applicant's attorney, Mr. Timothy Keane, has submitted a letter in support of the application for a special use permit to construct and operate a car wash at the Super America site. He notes that Super America began operation of the convenience store with gas sales in approximately 1977 and in 1989 acquired additional property and expanded the store to its current configuration. The proposed car wash addition, as mentioned previously, is a special use under the provisions of the city's zoning ordinance. As such, it must meet the standards listed in Section 35-220, Subdivision 2 of the zoning ordinance (attached). The proposed car wash addition should enhance the general public welfare and should not be detrimental to or endanger the public health, safety, morals or comfort. Mr. Keane notes that the proposed car wash will provide a convenience and amenity not presently available to Super America customers. He notes that the car wash addition will add approximately$280,000 of additional value to the property. Also the circulation and design of the new building is such that it should provide safe circulation for users and pedestrians and that the car wash will in no way be detrimental to or endanger the public health, safety, morals or comfort. The special use is also not to be injurious to the use and 11-12-98 Page 3 enjoyment of other property in the immediate vicinity for purposes already permitted nor substantially diminish or impair property values within the neighborhood. Mr. Keane notes that the car wash will operate completely within an enclosed structure with little potential for off site impacts. It will meet the noise standards established by the Minnesota Pollution Control Agency, and like other similar car washes located adjacent to the Super America store, will not be injurious to the use and enjoyment of other property in the immediate vicinity nor will it impair or diminish property values within the neighborhood in which it will operate. The next standard requires that the establishment of the special use will not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district. Mr Keane notes that the proposed car wash is being developed in consultation and in cooperation with the surrounding property owners. It should not in any way impede the normal and orderly development and improvement of those properties. The special use permit standards also require that adequate measures be taken to provide ingress, egress in parking so as to minimize traffic congestion on the public streets. Mr Keane notes that access, egress, circulation and parking have been designed by Super America's architect and engineer in cooperation and consultation with city staff. The on site circulation provides substantial room for stacking of vehicles and will not cause traffic congestion in the public streets. He also notes that the car wash will primarily be utilized by SA's existing customers. Finally the special use permit standards require that the special use in all respects conform to applicable regulations of the district in which it is located. Mr. Keane notes that the proposed car wash requires no variances and in all respects conforms to all applicable regulations of the City of Brooklyn Center. The staff would concur with Mr. Keane's comments and do believe that the standards for special use permit can be met provided any conditions imposed by the City on the applicant are met. One area that again should be noted is the lack of the 15 ft. green strip along 66th Avenue North between the newly established access and the right turn access. Possible modifications to the site will need to be made and I have been assured that this can be done prior to release of any financial guarantee. It should be noted that the landscape plan does show the 15 ft. green strip as part of the plan and it is on this basis that we would recommend its approval. A public hearing has been scheduled for this application and notices have been sent. RECOMMENDATION All in all we believe the plans are in order and that the standards for special use permit are met and, therefore, recommend approval of the application 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. 11-12-98 • Page 4 2. Grading, drainage and utility 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 completion of all site improvements. 4. Any outside trash disposal facilities or on ground mechanical equipment shall be appropriately screened from view. 5. An underground irrigation system shall be installed and maintained in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 7. B-612 curb and gutter shall be provided around all parking and driving areas in accordance with requirements of the City's zoning ordinance. 8. A special use permit is granted to Speedway Super America LLC for the construction of a car wash in conjunction with its already existing gasoline service station/convenience store. Any expansion or alteration of the use shall require an iamendment to the special use permit granted. 9. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 10. The plans shall be modified prior to the issuance of building permits to show a 15 ft. green strip along the 66th Avenue right-of-way in accordance with the requirements of the zoning ordinance. 11. Appropriate one way directional signery shall be provided at the southeast and southwest corners of the site to indicate one way traffic. 12. The final plat comprehended under Planning Commission Application No. 98023 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 13. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 11-12-98 Page 5 14. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 15. 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O 000 E)' . _ ff —77 Y 5 S f i tS iEg ZL gE $n f;. 6• Ef f �i � L ° _"4 fill"fi Its i SI $� 4r to O FLOOR PLAN 1 08HB STANDARD CAR WASH E $�i�a npai a i 6545 WEST RNER ROAD II� BROOKLYN CENTER.MN f AV ,r •� i s � I m f1_ t�..�� � � r ���J .��•�,if iit r h, X. {�. Dif z I !� rn Ail m oil- 0 loz gfRd a aw ro- 4�1 t M�aA;:ji;?i"k':�'k:l: i• > 1}'i}} �:'��-�•„ �. 1 -.� .,1, •\•.�,�Y...:'I�ai�(�. �, �.: ., i•l 1.•Y. -'� ` i•� J.f ',' `�: iY l i�i�l•t s{-! e ■y a■ 1 � i � Q a5 s a p ■E '')[ a2 E •9aE fE �j • E[ FF �3 �� � � � BY � �II iY �■i � �F� E Q¢¢C �i. 9 iY, Bg 4 9t� ! f � �!< $ a� °$ ;•p �g ;S €� Eiyere RRR �a■� � i A a �� tai : ► I $ �a ! E Rol j is FED : !■ g � � e a $ � � Ea � 6 a �$ $� � 6. � s 8■ � �� � E� t j rift ii CAR WASH i a ( tlf EXTERIOR ELEVATIONS 'SPeadY AXWPRAMBWA 6545 WEST RNER ROAD BROOKLYN CENTER,MN O Q ° Q � N N Hi1 uD, t �!!�, N m w C �_ Z Y p z � y (� Z g z (� t 0 x 0 n 1 19 Ix ,7 _ g s rd awl N P$ Sy CA IN V � :• I $ 7 A $ a g tDn 177 t O i7 D3 3 2 m 12 cn-o z s g v z g Q iO TCnj 4 m° a I L Z cbc �1 al DECOR DETAILS Y yy{{q8j i ATTACHMENT TO THE APPLICATION OF SPEEDWAY SUPERAMERICA LLC FOR A SPECIAL USE PERMIT AND SITE PLAN REVIEW TO PERMIT ADDITION OF A CAR WASH AT THE SUPERAMERICA LOCATED AT 6545 WEST RIVER ROAD A. The Car Wash SuperAmerica proposes construct a 24 ft x 36 ft self service car wash adjacent to the southwest corner of our store on this site. The car wash will be constructed of masonry to match the existing store and will have a metal hip roof, again identical to that of the store. A backlit 60 sf "Touch Free Car Wash" sign, identifying the service inside, is proposed both the north and south (long) walls of the car wash. Cars will enter from the east and exit to the west. The stacking for the car wash will be behind the present store, adjacent to the parking for the proposed theater development south of our site. The site has been slightly expanded to both accommodate the service lane to the car wash and maintain the present circulation around the rear of our building. This lane also provides an "escape" for anyone choosing to leave the queue for the car wash after they have entered it. The car wash will be a "rollover" type with all washing and drying operations contained totally within the building. Cars will exit onto a heated pad served by a dedicated trench drain. This combination minimizes water "track out" in summer and winter. B. Parking a g Construction of the car wash and the driveway relocation will reduce the number of parking spaces on site by six, but will continue to provide parking spaces in compliance with code. The following summarizes the present and proposed number and location of parking spaces on site. ,1J1E Present Proposed I=corner 7 6 E edge 16 16 Subway 5 5 W of store 7 5 W of drive 3 0 Total dedicated 38 32 Pump island 16 16 Total spaces 54 48 The 4200 sf store and the 1344 sf Subway annex total 5544 sf, generating a parking requirement of 31 spaces (5.5 spaces / 1000 sf). Attachment to the Application of Speedway SuperAmerica LLC 6545 West River Road Page Two Changes to existing parking on site include elimination of the 3 spaces along 66th, at the northwest corner of the site; reorientation of 12 of the 16 spaces on the east edge of the site to perpendicular to the property line; and the rearrangement of the spaces at the car wash location, with a net loss of 2 spaces in this area. C. Landscaping The changes to the landscaping on site are proposed to enhance the site and maintain compliance with City requirements. The existing crabapples taken'by construction of the relocated drive will be replaced by 4 crabapples in a juniper planting bed along 66th. Junipers will also be added to the bed for the existing trees to the east of the present drive. Plantings at the base of the trademark sign will be refreshed and augmented by new planting as specified. Two Maples will be added near the bus stop on Hwy 252. Two additional Amur Maples will be planted on the east mast edge of the store, increasing the significance of the existing planting in that location. Four additional Colorado Blue Spruce will be placed at the southeast corner of the site to reinforce the existing Maple, and four additional Spruce will be planted at car wash to mark that corner and screen the trash container. The total and basis for the points needed and earned for the landscape calculations are summarized on the Landscape Plan. All landscaped areas will continue to be irrigated. We are confident the car wash will be a useful, compatible and complying addition to our site, and will continue to allow us to provide the best service to those who live in, work in, and visit Brooklyn Center. October 21, 1998 Secticn 35-220. SPECIAL USE PE?111=, 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 Brooklyrs 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. , ;,r ,�„ LARKIN, HOFFMAN, DALY & LINDGREN, LTD. JOHN R.HRL LIFTE COYLE GERALD IL FRIEOELI R L MARTIN EDAIARO J.ORISCOLL ATTORNEYS AT LAW JAMEY 0.MARN GENE N.FUUER JOH E SREIIIER JOIN 0.FUUMER JOHN L .L SMITH FROM I.HARVEY MIUREW 0.SMITH CHARLES i MODELL 1500 NORWEST FINANCIAL CENTER FAMEACERomw�ILE8ta11 CHRISTOPHER A OIETZfJN UNDA HL FU04ER 7900 XERXES AVENUE SOUTH ANN LL MEYER THOMAS P.STOLTMAN RENEE JACKSON JOHNS-MICHAEL OI EIL JAU(MAN BLOOMINGTON,MINNESOTA 55431-1194 CHRISTOPHER K LARUB JOIN E JON i SVMERZEWSKI DOUGLAS FROST THOMAS J.FLYNN TELEPHONE(612)835-3800 LI XAMI NINQ JAMES P.OUIM THOMAS F.ALEXANDER TOOD L FREEMAN FAX(612)896-3333 DANIEL T.KAOLEC GERALD L BECK JOHN E UJNOOUIST JOHRW1A WAHLOREN GAYLE NOUN' JOIN K ROS JOHN A COTTER C.ERIK T ROBBINS PALL i PLUNKETT J HN L ONKER ALAN L KILOOW JOIN E M.SUSAIR KATHLEEN M.PICOTTE NENMAN JAMES N..RAG AMOREIM0.RYAN" MICHAEL i LEIIARON DANIEL J.BALLN TINE GREGORY E KORSTAO USA i ROBNSON GARY A VAN CLEW- DANIEL L BOWLES ERICA i OULS NSCHI TIMOTHY J.KEANE SONYA J B ITTANT JR. ALAN M.ANDERSON MARK aL RIVIDPH IAS H/JNK Q CHMSTOPIFRSON DONNA L ROflIICX MICHAEL W.SCFLEY OF COUNSEL RONN S.KREPS TERRENCE E BISHOP - JACK F.ETH USA A GRAY a KENNETHUJGAN N ALLAH E ITIS AN GARY A REHNEKE JOSEPH OITIS CHRISTOPHER J.HARRISTH/AL KENDEL J.OHtROGGE ALSO BRUCE J.DOUGLAS ONLY ADMITTED N WISCOIl41t/ ONLYADMITTED N 1LL/A C.GRIFFITH.JR. MASSACHUSETTS ONLYADMITTEDNIOWA October 29, 1998 Ron Warren, Planning Director VIA FACSIMILE 569-3494 City of Brooklyn Center &U. S. MAIL 6301 Single Creek Parkway Brooklyn Center, MN 55430 Re: Speedway SuperAmerica LLC Application for Special Use Permit Dear Ron: This letter is offered on behalf of Speedway SuperAmerica LLC (SuperAmerica) in support of its application for a Special Use Permit (SUP)to construct and operate a car wash at the existing SuperAmerica store located at 6545 West River Road(the Store). SuperAmerica began operation of a convenience store with gas sales in approximately 1977. At that time, SuperAmerica converted a two-bay service station to the convenience store format. In 1989 SuperAmerica acquired additional property and expanded the store and gas service area to the current site configuration. SuperAmerica is operating the Store under a Special Use Permit approved by the City in 1989. SuperAmerica has purchased two additional parcels of real estate to accommodate the proposed car wash. The combination and attachment of these parcels are included in the preliminary plat application accompanying this Special Use Permit request. Please find set forth below SuperAmerica's response to the Standards for Special Use Permits set forth in the City Code of Ordinances Section 35-220 subd. 2. (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. Response. The proposed car wash will provide a convenience and amenity not presently available to the customers of SuperAmerica. The car wash will add approximately $280,000 in additional value to the property and valuation for property tax purposes. The car wash will be located south of and to the rear of the existing SuperAmerica structure. LARKIN, HOFFMAN, DALY& LINDGREN, LTD. Ron Warren, Planning Director October 29, 1998 Page 2 The circulation and drives have been designed and will be constructed to provide safe circulation for users and pedestrians. The car wash will in no way 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. Response. The car wash will operate completely within an enclosed structure and will operate with the doors down to ensure there will be no potential for off-site impacts. The car wash operates well within all Minnesota Pollution Control Agency noise standards for residential uses. Similar car washes are located adjacent to SuperAmerica stores throughout the area and have operated for years without characteristics that are injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted and does not in any way diminish and impair property values within the neighborhood in which they operate. (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. Response. The proposed car wash is being developed in consultation and cooperation with the surrounding property owners. The establishment of the car wash will not in any way impede the normal and orderly development and improvement of surrounding property for uses permitted. (d) Adequate measures have been or will be taken to provided ingress, egress and parking so designed as to minimize traffic congestion in the public streets. Response. The access, egress, circulation, and parking have been designed by SuperAmerica's architect and engineer in cooperation and consultation with the City Engineer, Director of Public Works, and Director of Community Development. On-site circulation has been designed so as to provide substantial room for stacking of vehicles and will in no way cause traffic congestion in the public streets. The car wash will primarily be utilized by SuperAmerica's existing customers as an additional amenity to the SuperAmerica customer base. (e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Response. The proposed car wash requires no variances and in all respects conforms to applicable regulations of the City of Brooklyn Center. SuperAmerica respectfully requests approval of the preliminary plat and Special Use Permit with the conditions as recommended by City staff. LARKIN, HOFFMAN, DALY& LINDGREN, LTD. Ron Warren, Planning Director October 29, 1998 Page 3 Should you have any questions,please contact me at 896-3203. Sincerely, Timo y J. eane, for LARKIN, OFFMAN,DALY&LINDGREN, Ltd. hmb Enclosure c: Roman Mueller, Speedway SuperAmerica LLC 0439826.01 Application Filed On 10-22-98 City Council Action Should Be Taken By 12-21-98 (60 Days) Planning Commission Information Sheet Application No. 98025 Applicant: Brookdale Corner LLC Location: Southwest Corner of Xerxes Avenue North and County Road 10 Request: Preliminary Plat The applicant, Mr. John Johannson on behalf of Brookdale Corner LLC, is seeking preliminary plat approval to combine three parcels of land they have recently acquired into a single parcel. The land in question is the site of the Westbrook Mall and the Dayton's Home Store and is located at the southwest corner of County Road 10 and Xerxes Avenue North. The property is zoned C-2 (Commerce) and is bounded on the north by County Road 10 and an office building located at the corner of Country Road 10 and Brooklyn Boulevard; on the east by Xerxes Avenue with the Brookdale Shopping Center on the opposite side of the street; on the south by Baker's Square, 56th Avenue North and the Marquette Bank property.; and on the west by Brooklyn Boulevard. Under Section 35-540 of the zoning ordinance, "multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which under common ownership, shall be combined into a single parcel through platting or registered land survey." In the present case the properties are under single ownership,thus,the replatting is required. The applicant plans to clear the property of the Westbrook Mall main building and the Dayton's Home Store for construction of a CUB Foods and possible other retail sites. The current description's of the properties are Tract A, RLS 1235 (Westbrook Mall site) and Tracts F and G, RLS 1142 (Dayton's Home Store site). Tract A,RLS 1235 is a somewhat L shaped parcel containing the Westbrook Mall main building and two other buildings along with a portion of Brooklyn Boulevard right-of-way and is 10.853 acres in area. Tracts F and G, RLS 1142 are 3.56 acres in area, Tract F being the main portion of the Dayton's Home Store site and Tract B being a very small triangular shaped parcel at the southeast corner of the site. Tract F also includes a portion of Xerxes Avenue right-of-way which is .489 acres in area. The proposed plat calls for a single parcel of land to be known as Lot 1,Block 1, Brookdale Comer Addition. It will be 12.859 acres in area. The preliminary plat comprehends the dedication of 1.065 acres from this plat for Brooklyn Boulevard right-of-way and .489 acres for Xerxes Avenue North right-of-way. Right-of-way easements over these areas exist but they should be formally dedicated as part of a plat. 11-12-98 Page 1 The applicant will be seeking preliminary plat approval along with final plat approval and wants to file the plat before the end of the year. The City Engineer is reviewing the preliminary and final plats and may have additional comments. This area is part of the Brookdale Regional Ponding Area and will eventually be tied into that system. It is not anticipated that formal Watershed review will be required at this time, however, the City Engineer will confirm this with the Watershed's Engineer. The applicant plans to demolish the two main buildings on the sites and hopes to be under construction with the CUB Foods plan by early Spring. It should be noted that a formal site and building plan application, or a PUD application,will need to be presented to the Planning Commission and the City Council before construction of the planned buildings can go forward. A public hearing has been scheduled and notice of the Planning Commission's consideration has been published in the Brooklyn Centers Sub/Post. RECOMMENDATION The proposed preliminary plat appears to be in order and approval of the application 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. The preliminary and final plats shall be modified to indicate the proper underlying legal description of Tract A, RLS 1235 over the area that encompasses the Westbrook Mall. 11-12-98 Page 2 L�� �, - �� ► • • III ��y�••�.��,,, � - .■.... 11/ 11111 I//1 out MA KA NO as m OAF MM mm m mm mm ie MEM ■ m .m -- a I' Ej i m e �e IM �E ;! il , � w � qua .. -� �� C• �� •- F SAW m MEN ♦ �� � 3sy 1111��111 �1r ■ w_rr �_ I �I n 1i �1►r �_ e' e _- _ El `• )j/y!,�4Y � pJ JJ` oCl,•,'o o u � ,�\ � , m �•' A.• * , `'© `•f 'Lrr. ^ '` /C•tCj'. l r �ft1* '"zl.^i���1,'�,, •� tAV ;t El u .'/ � ��_� :: ofd, ,•�•• �'r [ i `z• ,r�i"ate a �1 `��•�.:� �''"a� �''�• "" '�``''', �" '� "! 1 \ ��� � � r/':. �. '' ����.�• •`�J�`�': � jai I,: Neu ":..•...-- �+� v. ! P :. •fat;as x -� _ of . --� _%WYAXWO' I t ` rttr i - T � � • t ! IleY= At O INN 41 41 errs OZ TfC 3 ZOCl.ZO 9 40*199 A zo.ri.zc P2 c4 ^°^^ C4 rd ai 'fix a *0 N 14 .4z- mv- O cj - ALWX)o avoy 0007106 WT"w LoTr O A,.1s.co.90 Lr.00 ON go,orc Lu lS.0-' At.10" Q Q m Amr- MEMORANDUM DATE: November 9, 1998 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott Brink, City Engineer SUBJECT: Cub Foods - Preliminary Plat Application I have reviewed the Preliminary Plat and have the following comments to offer at this time. A site improvement plan was not submitted with the plat. However, it is presumed that an updated site plan will soon be submitted, and will be consistent with a proposed site plan submitted earlier this year. • The property borders County Road 10 and County Road 152 (Brooklyn Boulevard). Copies of the preliminary plat have been forwarded to Hennepin County for their review. Hennepin County may therefore have additional comments as well. It should also be mentioned that Hennepin County officials have met with City staff and the developer previously to discuss site access and traffic related issues. Hennepin County has conveyed acceptance of proposed site access proposals. • Sidewalk easements currently exist along the County roadways and will need to be maintained. However, it is expected that additional right of way along County Road 10 will need to be dedicated to provide for an additional right turn lane and relocation of the sidewalk. Based upon the site plan previously submitted, I would recommend that at least an additional 20 feet along County Road 10 be dedicated to provide for the improvements (10 feet for the roadway and another 10 feet for sidewalk). However, an updated site plan would allow a more refined estimate. Any additional comments or requirements by Hennepin County will need to be considered as well. • An existing utility easement in the southeast portion of the property will need to either be maintained or adjusted depending upon the final site design and utility locations. A water main loop and sanitary sewer currently traverse the property and serve other parcels. Depending upon the final plan and utility relocates (as required), appropriate easements will need to be dedicated. • Any recommendations or comments of the City attorney will also need to be considered for this plat. Application Filed On 10-29-98 City Council Action Should Be Taken By 12-28-98 (60 Days) Planning Commission Information Sheet Application No. 98026 Applicant: CSM Corporation Location: Northway Drive,North of County Road 10 Request: Site and Building Plan Approval The applicant is requesting site and building plan approval for a 6,000 sq. ft. office building with a drive up facility for a credit union. The property in question is zoned C-lA(Service/Office - no height limitation) and is located on Northway Drive,just north of County Road 10. The property in question is bounded on the north by single family residential homes; on the east by the Honeywell Credit Union property and Northway Drive; on the south by County Road 10; and on the west by the five story Brooklyn Crossing office building fronting on Brooklyn Boulevard. Office buildings, including office buildings with no height limitation, are permitted uses in this zoning district. The site in question contains two existing one story office buildings, one is 7,200 sq. ft. and the other is 8,400 sq. ft. These two one story office buildings were part of a five building office complex which was approved for this site in 1986 under Planning Commission Application No. 86025. A reconfiguration of lot lines in 1990 reduced the size of the three remaining office building pads located to the north of the two existing office buildings allowing for a future 7,200 sq. ft. office building and two 6,000 sq. ft. office buildings. These foundations were put in. In 1993, under Planning Commission Application No. 993013, CSM Corporation proposed that the three northerly office buildings on the site be replaced by a single 23,250 sq. ft. one store office building which was proposed to house the IRS. That plan was approved,however,the IRS building was never constructed. The applicants now propose to revert to the 1986 configuration and are planning to construct the easterly 6,000 sq. ft. building with a drive up window and canopy to service a credit union user of the building. Many of the required site improvements have been installed based on the 1986 plan and, as mentioned previously,the foundations for these buildings have been installed. The site improvements already provided include curb and gutter and a parking lot on the east end of the site with an access directly to Northway Drive, curb and gutter improvements along the northerly portion of the property and the establishment of a 15 ft. green strip and screening consistent with the requirements in the zoning ordinance as well as landscaping,which includes spruce trees in that green strip. The curb and gutter and drive lanes have been established along the main, shared access, off of Northway Drive which runs southerly of the proposed last three office buildings. • 11-12-98 Page 1 ACCESS/PARKING The rim access to the main site is from a 30 ft. wide driveway located primary y to the south of the proposed new building. This access is a shared access with the five story Brooklyn Crossing office building farther to the west as well as the two existing one-story office buildings to the south of this access. Another access to this site which will serve primarily the building under consideration is from Northway Drive and is located easterly of this building. The parking lot is configured with 90 degree parking on two sides of a 24 ft. drive lane which will allow the access point in question to serve both in and out traffic. Traffic wishing to utilize the drive up windows will generally be in a counter clockwise manner going from the east side of the.building to the west side and then exiting to a newly established driveway tying into the main driveway servicing this office complex and then back to Northway Drive. Two drive up lanes and an ATM lane are to be provided under a canopy extending out to the west of the proposed new building. Modifications to some of the existing curb and gutter will need to be made to the west side of the building in order to accommodate the drive up lanes and the flow of traffic through that area. The parking for this site is already established and is located on the east side of the office building. Thirty parking spaces will provided in this area for the 6,000 sq. ft. office building. At a ratio of one parking space for every 200 sq. ft. of gross floor area, the parking requirements for such a building are met. It should be noted, however,that parking for this site has been based on the entire five building office complex. A total parking compliment of 392 parking stalls is required based on the full development of this site. Based on previous plans which have been approved, the total parking provided for this site is 410 parking spaces,which exceeds the requirement for the site. The new configuration eliminated some parking stalls but,nevertheless, the site will meet and in fact exceed the minimum parking requirements. GRADING/DRAINAGE/UTILITIES The utilities and drainage patterns for this site have already been established and installed. As mentioned,the foundation for this building is in place and the plans note the need to remove an existing post indicator valve and abandon an existing water service line on the west side of the building as well as the abandonment of existing sanitary sewer service on the east side of the building. New water and sanitary sewer service will tie into the north side of the building. Storm sewer exists in the east parking lot which ties into existing storm sewer in Northway Drive. Some minor grading revisions will need to take place along the west side of the building in the canopy/drive up area to accommodate drainage on the site. The size of the entire site, which is 4.17 acres, is less than the five acre threshold requiring Watershed Commission review. The City Engineer is reviewing the drainage and utility plans and may have additional comments to offer. 11-12-98 . Page 2 LANDSCAPING Landscaping is a continuation of the plans submitted in 1986 and much of the landscape plan has already been established. This entire 4.17 acre site requires 374 landscape points based on the landscape point system utilized by the Planning Commission for evaluating landscape plans. Existing landscaping includes 17 shade trees, 58 shrubs, 12 coniferous trees and 4 decorative trees for a total of 277 existing landscape points. The applicants are proposing to add two shade trees, four decorative trees and twenty shrubs in the immediate area of the proposed new building, which amounts to 56 additional landscape points. This will leave a balance of 40 landscape points which will need to be established and installed at the time the other two building pads to the west of this site are developed. The new landscape plan calls for two Norway Maples to be planted in the green area to the east of the site separating this site from the Honeywell Credit Union further to the east. Three Red Splendor Crap Apples are proposed along the southerly portion of the building and an Amur Chokecherry is proposed to be located between the easterly parking lot and the east wall of the new building. Twenty shrubs are located primarily as foundation plantings and include Shrub Rose, Rosy Glow Barberry, European Cranberry Bush, Winged Euonymus, Globe Arborvitae and Spreading Juniper. BUILDING The building exterior will be face bricked to match the existing buildings. A canopy on the east side of the building over the main entrance is also face brick as well as the canopy on the west side of the building extending out over the drive up lanes. LIGHTINGITRASH The applicant has provided a lighting plan showing the location of three freestanding light poles each 25 ft. in height. The information shows the lights to be 250 watt in a shoebox type fixture that will shield light glare and direct light downward on the site. One wall mounted 250 watt light is located along the north side of the building to illuminate that area. The lighting proposed is within the standards outlined in the zoning ordinance for lighting. No trash disposal facilities are indicated on the plan, however, any outside trash disposal facilities and on ground or rooftop mechanical equipment are required to be screened from view. RECOMMENDATION All in all the plans seem to be in order and approval of this application is recommended subject to the following conditions: • 11-12-98 Page 3 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. 4 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and financial guarantee in an amount to be determined based on cost estimates shall be provided prior to the issuance of building permits for this project. 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. Underground irrigations systems 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 parking and driving areas. 9. The applicant shall provide an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the city Engineering Department. 11-12-98 Page 4 .rte � - ■���l�7�QI��� ��� ;�� .; , . ill o1w, ON ON __ 11111 �• • , „�% �; = _ i i _ - _ .• _ - sow _ - nil m MIN -- , - �■� �u �� � � op NMI '1 WIN � _ :� ♦111�lIIIII/ WO �� x ,3r% + • X111 II IIr111/11 . ♦ �■ ! 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PRELIMINARY SITE PLAN L _ 1 1 / �C 1 • � t 1 �G7p � I x 1 / •Y Le 4s 0 co m 1• 4+ , w I -�ZZ 3, Ws TR r --�{{ � R1 • u�nu Y Qp ZN C)rrl 4 O 4 Z 6 -- --- --- ° Q z in_ J 00 0 88 „ 3 0 as 0 >mv = erD-si a) p - - c> r +� Z a in rl ' 13iii ail I r :r l � Z ==�jill` !i �5i # �#9 r' rl ;F,�? as fl l l i i tt1� I! �...r r. r..i..�BI0CILT}ICF489M PAFK r..�..� ... ►..1..� �r• �..�.�... ..r�.,..u.. � 11F10Omvw cgwm 110#49 �A r u. •• r r a�, C3,0 WCSM Corporation PRELIMINARY LANDSCAPE PLAN tw J _ r r I > / PAp,aNO A u_ u _ �Srtlb � � I 1 1 I Ifl G�SrNd P�'IT16 _ Q I � � 1 X M6 r l [1 ❑ ra it st LJ 1 J Y QR ^ ' � Cx�3n - -------- ' '�Es I \ z NO at Yo 1 14� D 1 8 I.qm ❑ i `� °— 1 PXISTIN6 PAWJ- 'k I � � 1 q L 1 I J s 4.• P..i BFK)CKLYN(IRCISSM CFFMPAW •.. ... a..,..... m 'w i a�Pm�. Bf�1N C80M UNHEBO A I.�, X1°".9. s... �m���d'd&SiS� A1.0 2@ww c � CS�1 Corporation PRELIMINARY SITE PLAN 1°`°9`"0f ��� 0 o �- J I - — a� Ire � . p I � < jai 1 11 '+ _ � I•i � ��h qi�s•tl O ' 'I s r tlx: i�'4 a p >I f 1 I + c If1 ff it gg 1 Jim A � P o I I � rl 7 I I I I T I7 7 7 I-1 P a fill! ! � F-11 idi, ��� tliiur�iTl �1 fill, fr H z � li1�E��f !►j`ii4 il�� I Z a rn i s.... .. r..a••.BFIOOILYN ORCO SM OFFIM PAW s.•,..a ■.. r.,,.,, s. ■..:.:... ■.s O FKAM FOJLD a A2.0 enoo►�rNCerrstraaeeoY� "" � KIM? =��'�� ` �CSM Corp�oration IIII. BLDG PLAN AND ELEVATIONS ` es4p« .«_ �'a. 7rPliktCuY.ta L SITE LIGHTING PLAN J