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HomeMy WebLinkAbout1992 03-12 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MARCH 12 , 1992 REGULAR SESSION 1. Call to Order: 7 : 30 p.m. 2 . Roll Call 3 . Approval of Minutes - February 13 , 1992 4 . Administer Oath of Office: (Commissioners Holmes, Johnson and Sander) 5. 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. 6. Mularoni & Associates/ Tomorrow Foods 92005 Request for site and building plan approval to construct a 7 , 754 sq. ft. office/ industrial building . at the southeast quadrant of Shingle Creek Parkway and 69th Ave. North. 7 . Mularoni & Associates/ Tomorrow Foods 92006 Request for a variance from Section 35-413 of the Zoning Ordinance to allow, on a temporary basis, a buffer strip of less than 50 ' across Shingle Creek Parkway from R3 zoned property. 8 . Other Business 9 . Discussion Items 10. Adjournment • Planning Commission Information Sheet Application No. 92005 Applicant: Mularoni & Associates/ Tomorrow Foods Location: Shingle Creek Parkway and 69th Ave. N. Request: Site and Building Plan Location/Use The applicant requests site and building plan approval to construct a 7 , 754 sq. ft. office/ industrial building at the southeast corner of Shingle Creek Parkway and 69th Ave. North. The property in question is zoned I1 and is bounded on the north by 69th Ave. N. , on the east/southeast by Palmer Lake Plaza, and on the southwest by Shingle Creek Parkway. The proposed use is office, processing, storage, and shipping and receiving for Tomorrow Foods. Tomorrow Foods provides food delivery service of meats and other frozen food items. The applicant is not seeking special use permit approval to engage in retail sales of food on the site. There will, therefore, be no retail sales at this site. Access Parking The proposed plan calls for one access to Shingle Creek Parkway with no median break. We have encouraged the applicant to pursue a connection to the Palmer Lake Plaza site to the east. We believe there is a restrictive covenant providing for cross access for the site in question over the Palmer Lake Plaza site. Such a connection would allow trucks leaving Tomorrow Foods to make a left turn onto Shingle Creek Parkway at the median opening opposite Freeway Blvd. No access to this site will be allowed from 69th Ave. N. in keeping with the policy which applies to all the industrial buildings abutting 69th to the east. The parking is to be situated south and west of the building. Under Section 35-413 of the Zoning Ordinance, a 50 ' buffer is required when an Il use abuts R1, R2 , or R3 zoned property across a street. The plan provides a 50 ' buffer adjacent to 69th Ave. N. , consistent with the other industrial buildings to the east. Adjacent to Shingle Creek Parkway, the buffer is as little as 5 ' in light of the future realignment of Shingle Creek Parkway. The proposed parking area is at least 50 ' from the future right-of-way line of Shingle Creek Parkway. The applicant has submitted a request for an interim variance to allow a substandard buffer until the right-of-way vacation occurs. The plan proposes 4 , 259 sq. ft. of office space, which requires 21 parking spaces, and 3 , 494 sq. ft. of industrial wholesale space, which requires 4 parking spaces, for a total parking requirement of 25 spaces. The plan provides for 27 parking stalls and one garage stall. One handicapped stall will be provided. The plan, therefore, complies with the Zoning Ordinance. The plan also calls for two loading berths and a turnaround area 3-12-92 1 for trucks on the east side of the site. Landscaping The proposed plan calls for 16 Maple, 5 Ash, and 20 Spruce trees. The Maples are proposed primarily in the perimeter green areas. Three Ash are to be located in a large island between the parking area and the truck access. Spruce trees are scheduled in strategic locations to provide screening of the loading dock area from public view. The plan also calls for 60 shrubs, primarily around a patio area to the west of the building. Specific species have not been provided, but the general character of the landscaping is evident from the plan. The total point value of the proposed plantings is 350 points based on the City' s LandscapePoint System. This exceeds the point value required. One landscaping feature which still needs to be added is screening of the parking lot from Shingle Creek Parkway. We would suggest appropriate shrubbery such as Red Twig Dogwood be used to accomplish the required screening in the relatively narrow space that will exist until Shingle Creek Parkway is realigned. Grading/Drainage/ Utilities The drainage and utility plan provides for all drainage to be conveyed via storm sewer to a holding pond on the east side of the site. The outlet from the pond willbe a 12" storm sewer line that will connect to a 30" City storm sewer line in Shingle Creek Parkway about 200 ' southeast of the site. An 8" water line will serve both fire suppression and domestic systems. An 8" sanitary sewer line will have a clean out just outside the building and a manhole at the property line. Berms are indicated in the greenstrip along Shingle Creek Parkway, in the greenstrip northwest of the building, east of the loading dock, and in the main parking lot island separating the parking area from the loading area. We would recommend that more berming be provided adjacent to Shingle Creek Parkway when the realignment is completed. Building The westerly portion of the building will be office and the easterly portion fo the building will be the industrial section, containing food processing, storage, and shipping and receiving functions. The exterior of the building will be a combination of face brick and castlerock decorative autoclave concrete block with a metal standing seam roof (copper color) . The face brick will be used primarily along the upper portions of the office portion of the building. The roof line will be marked by a high parapet wall which elevates in a decorative facade behind a semi-copal roof over the the semi-circular reception area at the west end of the building (see reduced drawings, attached) . A second story addition in the future is a possibility. Lighting/Trash The plan indicates 11 15 ' high light standards evenly spaced around the parking and loading areas with 150 watt high pressure sodium 3-12-92 2 . light fixtures. Trash and food scraps will be handledin a trash room next to the enclosed shipping bay. Recommendation Altogether, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2 . Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3 . A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4 . Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7 . Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8 . B612 curb and gutter shall be provided around all parking and driving areas. 9 . The applicant shall submit an as-built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. 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. 11. The plans shall be modified, prior to the issuance of permits, to indicate additional shrubbery in the 3-12-92 3 I • • I� i • greenstrip between the parking lot and Shingle Creek Parkway to provide screening of the parking lot. 12 . Approval of site and building plans is subject to approval of variance application #92006 . 13 . The ownerof the property shall obtain all necessary licenses and approvals from the City Sanitarian and the U. S. Department of Agriculture prior to issuance of the certificate of occupancy. 14 . The outside storage of trailors, equipment or products is strictly prohibited. 15 . There shall be no retail sales of products on the use site. Submitted by, Gary Shallcross Planner • Approved by, Ronald A. Warren, Director of Planning and Inspections 3-12-92 4 • • I • CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569-3300 CENTER FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 DATE: March 3, 1992 TO: Gary Shallcross, Planner FROM: Mark J. Maloney, City Engineer RE: Tomorrow Foods, Inc. I have reviewed the revised Site Drainage & Utility Plan, dated 3-2-92, which was recently submitted for the above project. With regard to the comments generated by this office last week, I offer the following: ♦ The revised plan correctly depicts the future alignment (and right-of-way) of Shingle Creek Parkway, for the purpose of determining an interim setback variance. ♦ The plan has been revised to incorporate a storm water detention/treatment pond, which has been correctly sized for the site. Calculations were submitted with the revised plan, and the design philosophy appears to be sound. The site drainage will be routed to the proposed pond, pass through a timber baffled weir (skimmer) and overflow into the City's storm sewer system in Shingle Creek Parkway. ♦ I have applied turning radius templates for various vehicles to the driveways and parking areas and find them to be adequately designed. ♦ The sewer and water services have been revised in accordance with my suggestions of last week. Overall, it appears that most of my previous concerns/comments have been accounted for in this most recent revised plan. However, for final approval by my office, the following_items should be addressed; if not now, certainly before the issuance of building permits (assuming Council approval): A design detail for the construction of the baffled weir (skimmer) should be included on the Site Drainage & Utility Plan. c - Details of the storm sewer, sanitary sewer and water main items should be included on the plan, or the plan should note that all such construction shall conform to the City of Brooklyn Center Standard Plates. In any event, prior to construction, a specification book should be forwarded to my office for approval. - A rather specific utility and maintenance agreement will be developed, to detail the responsibilities of maintenance of the on-site utilities and storm sewer facilities. Please notify me approximately one week before the anticipated issuance of building permit(s), and I'll assume responsibility for developing this agreement. - A reminder that an as-built drawing, conforming to the requirements of this office, will eventually be required of the applicant. The applicant should be advised that while this drawing will be produced after construction, the contractors and/or inspectors need to be aware of the necessary measurements during construction. 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' ° ° • ; m j j' ,,,� /'! c t ,r' i i• Y ' t / A _o €� to �� - ,�•���� � 1 I � i I ' -•� • ._� pill /a 1 1� \r i ;/j ,�.. /i' _ �� - , "•\ '� it I 1 ! 5E4■:� a '> !� i ; o'er ` 1 `� I j`.i i- r i Is i 4F C � I � i��a�i As�Sl&� � �e9 � I� \•\,,!..__�%/ i F11► -''Ji i jjj � I ^ A r• .•r I�r M•• Vra„vr wr• N TOMORROW FOODS,INC. •'°� l umna�lneaaa I 9201 m MENN l-ou—��wwn6— lfry PLA" 1 w«_. Planning Commission Information Sheet Application No. 92006 Applicant: Mularoni & Associates/ Tomorrow Foods Location: Southeast quadrant of Shingle Creek Parkway and 69th Ave. N. Request: Variance The applicant requests approval of an interim variance from Section 35-413 of the Zoning Ordinance to allow less than a 50 ' buffer along Shingle Creek Parkway until the realignment of Shingle Creek Parkway is completed. The property in question is zoned I-1 and is the same as for application #92005. It is bounded on the north by 69th Ave. N. , on the southeast by Palmer Lake Plaza, and on the southwest by Shingle Creek Parkway. Section 35-413 of the Zoning Ordinance requires a buffer strip of not less than 50 ' where an I-1 or I-2 use abuts R-1, R-2 , or R-3 zoned property across a street. In this case, there is R-3 zoned property (the Earle Brown Farm Townhouses and the Earle Brown Farm Estates) across Shingle Creek Parkway. The applicant proposes to build the front parking lot to within approximately 7 ' of the Shingle Creek Parkway right-of-way line. After the roadway realignment and attendant right-of-way vacation, the buffer will be over 501 . The variance request is, therefore, temporary. The Board of Adjustments an Appeals (Planning Commission) may recommend and the City Council may grant variances from the literal provisions of the Zoning Ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. A variance may be granted by the City Council after demonstration by evidence that all of the standards for a variance contained in Section 35-240 are met. The applicant has submitted a letter (attached) in which he addresses the variance standards. A recitation of those arguments and staff comments follow: (a) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. Applicant: "The area of setback to be varied is an area of restrained use due to the vacation of Shingle Creek Parkway R.O.W. South of the intersection of 69th Ave. No. The triangular shape of Tract 'K' , organic soil composition on the North East half of the site and topography cause a hardship to the owner in that the site restricts the building location to the West side of the property on the "high" ground; " Staff: This site has unstable soils, especially on the east side 3-12-92 1 of the site. It is, therefore, preferable to locate the building toward the west side of the site. At the same time, the applicant wishes to put the best part of the building (the front) toward the intersection to project the most attractive image possible. For parking to be convenient, it is preferable to locate it in front of (west of) the building. The combination of this set of circumstances tends to push required parking into the required green area adjacent to Shingle Creek Parkway. In this particular case, Shingle Creek Parkway is being realigned and some right-of- way will be vacated. In lieu of the future vacation, it seems unreasonable to apply the full buffer requirement and unduly burden this site. (b) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. Applicant: "The Shingle Creek Parkway R.O.W. vacation that has been decided upon by the City of Brooklyn Center, creates a unique condition to justify this temporary variance. There has been a precedence already set in the City for granting such a temporary variance when R.O.W. Vacation occurs; " Staff: This sort of interim variance was granted in the case of the Earle Brown Commons where Earle Brown Drive is being partially vacated. In that case, a lesser setback and greenstrip were allowed in lieu of the future vacation. We feel this situation is similarly unique. (c) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. Applicant: "This condition has not been caused by the Owner but has resulted by the R.O.W. Vacation, an act outside the control of the property owner; " Staff: The right-of-way vacation is not so much the cause of the hardship as the soil conditions and topography which push the building to the west. The right-of-way vacation makes it possible for the buffer requirement to be met in the long run. The prospect of that vacation may make observing the letter of the regulations now an unnecessary hardship. Both the soil conditions and the right-of-way vacation are circumstances beyond the control of the property owner. (d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 3-12-92 2 Applicant: "By granting this temporary variance, no detrimental impacts will be created to other land or improvements in the neighborhood. There will still be more than adequate buffer between the improvements an Tract 'K' and the realignment of Shingle Creek Parkway. " Staff: There should be no adverse impacts once Shingle Creek Parkway is realigned. There are, in fact, no townhouses built in the area directly across Shingle Creek Parkway from this site. Conclusion and Recommendation In general, we agree that the proposed variance meets the standards for a variance contained in Section 35-240. The proposed variance is also consistent with other variances granted to other properties in the similar circumstance of abutting right-of-way that will be vacated in the foreseeable future. We, therefore, recommend approval of this application, based on the following findings: 1. The circumstance of unstable soil on a portion of the site and the relationship of the parcel to public streets makes orientation of the building toward the western portion of the site the most rational location for the building. Imposing the required 50 ' buffer from the existing right-of-way line will unnecessarily burden the development of the property and constitutes a hardship. 2 . The circumstance of impending right-of-way vacation is relatively unique. Similarly situated properties have, in the past, been granted variances from the literal provisions of the Zoning Ordinance. 3 . The soil conditions and the future right-of-way vacation work to create a hardship in the development of this property and these circumstances have not been created by anyone presently or formerly having an interest in the parcel of land. 4 . The granting of the variance will not be detrimental to other property or improvements in the neighborhood because the property will be in compliance once the realignment of Shingle Creek Parkway has been completed. 5 . Variance approval is granted on an interim basis until the realignment of Shingle Creek Parkway is completed. Once the realignment is completed, the property shall comply with the requirement for a 50 ' buffer strip across from R-1 and R-3 property. No further variance is granted or implied. • 3-12-92 3 Submitted by, � cti Gary Shallcross Planner Approved by, a�•�•.i..�C,. (,j Ronald A. Warren Director of Planning and Inspections 3-12-92 4 M I C H I A L M U L A R O N 1 ( & A S S O C I A T E S ,February 28, 1992 Mr. Gary Shallcross, Planner City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Tomorrow Foods, Inc. Temporary Variance, Architects Project No. 9201 Dear Mr. Shallcross: This letter shall serve as our formal request for a temporary variance from the Zoning Ordinance on the above referenced project. We offer the following evidence to meet the City qualifications for granting a variance: (a) The area of setback to be varied is an area of restrained use due to the vacation of Shingle Creek Parkway R.O.W. South of the intersection of 69th Ave. No. The triangular shape of Tract 'K' , organic soil composition on the North East half of the site and topography cause a hardship to the owner in that the site restricts the building location to the West side of the property on the "high" ground; (b) The Shingle Creek Parkway R.O.W. vacation that has been decided upon by the City of Brooklyn Center, creates a unique condition to justify this temporary variance. There has been a precedence already set in the City for granting such a temporary variance when R.O.W. Vacation occurs; (c) This condition has not been caused by the Owner but has resulted by the R.O.W. Vacation, an act outside the control of the property owner; (d) By granting this temporary variance, no detrimental impacts will be created to other land or improvements in the neighborhood. There will still be more than adequate buffer between the improvements on Tract 'K' and the re-alignment of Shingle Creek Parkway. If you require additional information, feel free to contact us. Respectfully submitte , Michial Mularoni, Architect M I C H I A L M U L A R O N I A R C H I T E C T S & P L A N N I N G C O N S U L TA N T S 7650 Currell Blvd. • Suite 300 • Woodbury MN 55125 • (612)731.2831 STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY Anyone contemplating a request for a variance from the Zoning Ordinance should consult with the Planning staff, prior to submitting an Application to the Board of Adjustments and Appeals, for the purposes of familiarization with applicable ordinance standards and evaluation of the particular circumstances. A prospective applicant shall provide documents and information, as requested by the Secretary, to the Board of Adjustments and Appeals or to the City Council. An application must be submitted fourteen (14) days prior to the regular meeting of the Board. In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the City Council shall have the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property must be the proximate cause of the hardship; circumstances caused by the property owner or his predecessor in title shall not constitute sufficient justification to grant a variance. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Board shall not recommend and the City Council shall in no case permit as a variance any use that is not permitted under this ordinance in the district where the affected person's land is located. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: (a) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (b) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. (c) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. (d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties. P/I Form No. 20 -OVER- Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Department of Planning and Inspection, telephone (612) 561-5440. P/I Form No. 20