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HomeMy WebLinkAbout1992 07-16 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JULY 16, 1992 REGULAR SESSION 1. Call to Order: 7: 30 p.m. h 2. Roll Call 3 . Approval of Minutes - June 11, 1992 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. Lutheran Church of the Triune God 92009 Request for special use permit approval to operate a pre- school in the Lutheran Church of the Triune God at 5827 Humboldt Ave. North. 6. New Horizon Day Care 92010 Request for site and building plan and special use permit approval to install and operate a day care center in the north end of the Humboldt Square Shopping Center at 6800 Humboldt Ave. North. 7. Other Business 8. Discussion Item a) Real Estate Sign Ordinance 9 . Informational Item a) Improvements at Brookdale Unocal 10. Adjournment PLANNING COMMISSION INFORMATION SHEET Application No. 92009 Applicant: Lutheran Church of the Triune God Location: 5827 Humboldt Ave. N. Request: Special Use Permit The applicant requests special use permit approval to operate a pre-school within the Lutheran Church of the Triune God at 5827 Humboldt Ave. North. The church property is zoned R1 and is bounded on the north by 59th Ave. N. , on the east by Humboldt Ave. N. , on the south by single family homes, and on the west by Irving Ave. North. Both churches and pre-schools are special uses in the R1 zone. The Church of the Triune God received special use permit approval for a LaPepiniere Montessori school in 1973 . However, that school has not been in operation for many years. That special use permit approval has lapsed, therefore, and a new special use permit must be approved for this operation. The church has submitted a brief, unsigned letter (attached) regarding the proposed pre-school. The letter indicates that the pre-school will be licensed by the State which will allow only 20 students at a time in the facility. Sessions will be every morning or afternoon (presumably weekdays) . Church staff have indicated that the church itself will operate the pre-school rather than a separate provider. The teacher will be of the same faith and there will be some religious instruction in the pre-school program. The letter describing the program indicates that the drop-off and pick-up place will be in the west parking lot, off Irving Ave. North. The door on Humboldt will not be used. The letter concludes by stating that the program may make use of the park across 59th Ave. North. If so, the crossing at Humboldt and 59th will be utilized. The church plans to start operating the pre- school in January, 1993 . The church was inspected by the Building Official and the State Fire Marshal earlier this year. The Fire Marshal has required the installation of a smoke alarm system and a fire door within the building. Probably the main zoning concern with the proposed pre- school is that parking and traffic circulation be accommodated within the parking lot and not on the public streets. The applicant has indicated an intent to do just that. Recommendation In general,the application appears to be in order. Approval is recommended, subject to at least the following conditions: 1) The special use permit is issued for a pre-school for 20 children at one time. Any expansion or alteration of the pre-school operation which involves more students or school-age children will require an amendment to this July 16, 1992 1 special use permit. 2) The premises will be brought into compliance with all applicable state and local regulations as to fire safety, health, and building code standards for the pre-school operation and such compliance will be documented by the appropriate inspection agencies and submitted to the file prior to the issuance of the special use permit. 3) Vehicle access to the pre-school shall be through the parking lot adjacent to Irving Ave. North. Parking associated with the pre-school shall be in the parking lot and not on the public street. 4) The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation. Submitted by, Gary Shallcross Planner Approved by, -.O C. Ronald A. Warren Director of Planning and Inspections July 16, 1992 2 The Lutheran Church of the Triune God (Missouri Synod) ,i 5827 Humboldt Avenue North Brooklyn Center, MN 55430 Church Office: (612) 561-6470 Dial-A Devotion: (612) 561-6471 Pastor: Rev. John R. Fehrmann Rev. Matthew E. Thompson 6� Syr Dear Sirs: The Lutheran Church of the Triune God is opening a pre-school within its building at 5827 Humboldt Avenue North, Brooklyn Center, Minnesota. - The pre-school will be licensed with the State which allows only 20 students per session. Sessions will be every morning or afternoon a day. , The drop-off and pick-up place will be the west parking lot, off Irving Avenue. The door on Humboldt Avenue will not be used. The park across from the church may be used, crossing at the stop sign at Humboldt and 59th Avenues with teacher supervision. We preach Christ crucified and risen! _ ..gm rsc = M am IM MIM _ __ IMIM MM MM M 10 ME MIS Win MW IM M! MIN MM MM - _ IN __ _ Ml = _ __ __ mom =_ MM , _ __ r Ml MIM - _ __ __ _ __ M ' _ _ ■■■ ■ - ■�a� - �� X111 i� a_ �_ _ _ ■■ i ■ _■ _ \�: ♦ ♦ __ MIM __ �� __ _ ■I■ _ _"_ in 1 111 �I� ■ _■ _ ■ �.,.; ___ —_ __— ■ ■ � � . _ _ __ ■� _ _ ■ ■ ■ in Ml MEM Ml rl lotI ` PLANNING COMMISSION INFORMATION SHEET Application No.92010 Applicant: New Horizon Child Care Location: 6800 Humboldt Ave. N. Request: Site and Building Plan/Special Use Permit ' Location/Use The applicant requests site and building plan and special use permit approval to operate a day care center with a play area at the Humboldt Square Shopping Center at 6800 Humboldt Ave. North. The property in question is zoned C2 and is bounded by 69th Ave. N. on the north, by Hi Crest Square Estates townhouses on the east, by three story apartments on the south, by Humboldt Ave. N. on the west, and by a Unocal service station on the northwest. Day care centers are special uses in the C2 zoning district. Previously, day care centers have not been allowed in shopping centers or adjacent to service stations, but these restrictions on location have recently been removed through an ordinance amendment. The Humboldt Square center is, therefore, an eligible location for the day care center. Access/Parking The day care center will utilize existing accesses to the shopping center property. The proposed plan calls for a drop-off point in front of the shopping center, just southeast of the southeast corner of the gas station property. The drop-off point will be demarcated with steel posts to prevent cars from pulling onto the paved area in front of the day care center. The plan shows these posts at 3 ' high. Staff recommend that these posts be at least 4 ' high. This paved area is an existing drive lane which will be decorated with planters when the day care center goes in. There is also an existing driveway along the east side of the building which may be used by some day care center patrons. This driveway links up with a driveway along the south side of the site which continues out to Humboldt Ave. North. There is no plan to alter this driveway which is primarily a service entrance to the shopping center. However, the proposed play area will cut off the link between the access on 69th Ave. N. and the front of the shopping center, requiring people coming from the east to either enter the site from Humboldt or to drive around the back of the building. The installation of the play area north of the building will eliminate approximately 11 parking stalls. The site currently has about 280 stalls. Under the new retail parking formula of 5. 5 spaces per 1000 sq. ft.of gross floor area, the parking requirement for the site is approximately 220 with no more than 150 of gross floor area utilized for restaurant space. The loss of 11 stalls should not, therefore, result in a parking deficiency. Landscaping The landscape plan calls for 53 Techny Arborvitae shrubs planted 4 ' July 16 1992 1 I apart around a 4 ' high coated chain link fence surrounding the play area. Sod is to be planted west and north of the fence and within most of the play area. The applicant should evaluate the adequacy of the existing underground irrigation system to properly maintain the planted material proposed on the plan. The remaining bituminous area in front of (west of) the day care center is referred to as an entry plaza and will have three raised planters, each with four Welchi Juniper shrubs and one Red Splendor Crab. A 6 ' wide bituminous walk is proposed to the west of the sod outside the play area. Drainage The proposed play area will drain into three catch basins north of the building, including one new catch basin inside a curbed play area filled with 8" of pea gravel. The play area will crown approximately in the middle and drain to the east and west. One existing catch basin in the easterly drive will remain and one northwest of the building will wind up in a sodded area, but still at an appropriate grade to take runoff from the west side of the play area. The three catch basins will be connected by an existing 15" storm sewer line. Play Area The proposed play area would be approximately 65 ' x 751 , immediately north of the building. Within it would be a 35 ' x 53 ' curbed area with pea gravel. Presumably, most of the playground equipment would be located in the curbed portion of the play area. The play area would be surrounded by a coated chain link fence with a gate on the east and west sides near the building. The Zoning Ordinance requires that the fence be wood or a Council approved substitute. The applicants have indicated that a wood fence would cause problems with splinters. To provide opaque screening they propose to surround the fence with 3 ' high arborvitae shrubs. We believe this is an acceptable proposal for meeting the intent of the ordinance. In other respects the play area meets the requirements of Section 35-412 . 7 (attached) . The fence is 4 ' in height. The play area is contiguous to the day care facility. It is not located in a yard abutting a major thoroughfare. It does not have an impervious surface and extends at least 60 ' from the building. There is also proposed one light pole with two lamps in the play area. Special Use Standards The proposed day care center is subject to the special use standards contained in section 35-220. 2 (attached) and to the standards contained in section 35-322 . 3 .q (attached) pertaining to day care centers. Mr. Clement Springer of Weis Asset Management, the owners of Humboldt Square, has submitted a letter (attached) addressing both these sets of standards. Regarding the special use standards, the letter states that the day care center will enhance the general public welfare of the community; that the proposed use • will not be diminish to property values, but will result in July 16, 1992 2 improvements to the property on which it is located; that it could increase the desirability of living in the adjoining residential properties because of the services to be offered; that the facility will utilize existing access and parking and will not add congestion to the public streets since it will allow patrons to combine trip purposes to other retailers in the shopping center; and that the special use will conform to other applicable regulations. Regarding the standards pertaining to day care centers in section 35-322 . 3 .q, Mr. Springer states that the use will be appropriately landscaped and will not generate problems for the adjacent land uses and that it is a more restricted and regulated use than other C2 uses. He states that the day care use is complementary to existing land uses in that the proposed facility is intended to serve nearby residential areas. Persons coming to the center will use other facilities in the shopping center and nearby retail areas. The proposed use, he states, does not generate any problems that cannot be best addressed in a commercial land use setting. The activity levels generated by the day care facility are similar to other retail uses in the shopping center and is, according to Mr. Springer, more appropriate in a commercial setting than in a residential location. Mr. Springer also states that the traffic generated by the facility is in keeping with the commercial area it will be a part of and should not have any additional impact upon public facilities, noting that the day care center will be relocated from within the same neighborhood using the same streets. Finally, Mr. Springer points out that the play area and location of the facility within the shopping center is at one end of the building and is isolated from the main traffic circulation. Excellent pedestrian access is provided. Staff are generally in agreement with the arguments presented by Mr. Springer with respect to these ordinance standards. The day care center will meet a public need in this neighborhood for day care and will be a welcome addition to Humboldt Square. The location of the center at the north end of the shopping center is appropriate and the play area meets the requirements of the ordinance fairly generously. It would be preferable if the day care center were not located adjacent to a gas station, but most of the service station traffic should be shielded by the building. The recent Zoning Ordinance amendment has removed the restrictions on the location of day care centers. However, the special use standards and the standards pertaining to day care centers may still rule out certain locations if it is felt that land use conflicts present a threat to the well being of the children in the day care center. In this case, we believe that the applicants have done all they can to mitigate conflicts and that the day care center will be an appropriate use in this location. Accordingly, we would recommend approval of this application, subject to at least the following conditions: July 16, 1992 3 1) The special use permit is issued for a day care center use as described in the applicant' s submittal and plans dated July 2, 1992 . Any alteration or addition to the day care center will require an amendment to this special use permit. 2) The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3) Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4) Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 5) 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. 6) Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7) Plan approval acknowledges the combined use of a coated chain link fence and 53 Arborvitae shrubs at least 3 ' in height as a substitute screening treatment for the outside play area. Submitted by, I Gary Shallcross Planner Approved by, Ronald A. Warren Director of Planning and Inspections July 16 1992 4 WEIS ASSET MANAGEMENT, INC MEIS 3601 Minnesota Dnve Minneapolis,Minnesota 55435-5863 Telephone:612-831-9060 Fax:612-831-3132 July 1, 1992 Mr. Ronald A. Warren Director of Planning and Inspection City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: New Horizons Special Use Permit Dear Mr. Warren: Thank you for your letter of June 24, 1992 regarding the procedures and time schedule for the application for a Special Use Permit for a New Horizon Child Care center at Humboldt Square. The application for the permit is enclosed with a site plan for the outdoor play facilities. Following is a response to Section 35-220, Standards for Special Use Permits : a) The establishment of a group daycare facility will provide a service that will enhance the general public welfare of the community and neighborhood. b) The facility will not be injurious to the use or enjoyment of other property in the neighborhood or diminish and impair property values . The proposed use will result in improvements to the property on which it is located. c) The facility will not have a negative effect on the development of surrounding property which is 100% developed. It could increase the desirability of living in the adjoining residential properties because of the services to be offered. d) This facility will utilize existing ingress and egress to public streets and existing parking. No additional congestion to local streets will be added and it has the potential to reduce total trips made by the public because of the convenience factor and combining of trip purposes to other retailers in the center. e) The special use will conform to other applicable regulations. COMMERCIAL PROPERTY LEASING AND MANAGEMENT Following is a response to the requirements of Section 35-322 Subdivision Q: 1. The proposed use would be compatible with existing adjacent land uses permitted in the C2 district. Appropriate landscaping of the site is planned. The use will not generate problems for the adjacent land uses and is a more restricted and regulated use than other uses permitted in the C2 zone. 2. The use is complementary to existing land uses in that the proposed facility is intended to serve nearby residential areas. Also the persons coming to the center will use other facilities in the center and nearby retail areas . The proposed use does not generate any problems that cannot be best addressed in a commercial land use setting. 3. The activity levels generated by a group daycare facility of this size is very similar to other retail uses in the center and is appropriate in a commercial setting than a residential location. 4 . The traffic generated by the facility is in keeping with the • commercial area it will be part of and should not have any additional impact upon public facilities . The facility is a relocation from within the same neighborhood using the same streets. 5. The play area and location of the facility within the center is at one end of the building and is isolated from the main traffic circulation. Excellent pedestrian access is provided. A site plan for the outside play area is attached for your review. We believe it addresses all the issues that surfaced in earlier discussions at the Planning Commission and City Council presentations on the zoning ordinance change. Again we appreciate the City's cooperation in moving this approval process along to facilitate the New Horizon's need to open in early September. We look forward to meeting with the appropriate parties to gain the required approvals. Sincerely, Clement D. Springer As Manager for Humboldt Square Center CDS/vs Enclosures Section 35-220. SPECIAL USE PERMITS 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: (a) The establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health., safety, morals, or comfort. (b) The special use will not be injurious to the use and enjoyment of other property in the immediate ' vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. (c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. (e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ord- inance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connec- tion therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the pro- visions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the sub- , ject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee of $15.00. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the sub- ject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one year, the special use permit re- lated thereto shall expire one year following the date of abandon- ment. i i i 35-322 1. Sauna establishments and massage establishments, provided they do not abut any residential (R1 through R7) district, including abutment at a street line. M. School bus garage facilities provided all storage, including vehicles, and minor servicing and minor repair shall be conducted wholly within an enclosed building and further provided it does not abut any residential (R1 through R7) districts, including abutment at a street line. n. Amusement centers provided the property on which the amusement center is to be located is not within 150 feet of any residentially zoned (R1 through R7) property. o. Automobile and truck rental and leasing. p. Tennis clubs, racket and swim clubs and other athletic clubs, health spas and suntan studios. /q. Group day care facilities provided they are not located on the same property as or adjacent to any use which is not permitted to abut R1, R2, or R3 zoned property and provided they are not located in a retail shopping center; and further 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 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. 35-412 6. Access from a local street intended primarily to serve residential development may only be allowed upon a finding by the City Council that such access will not negatively affect the residential character of that neighborhood. 7. In the case of group day care facilities, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height; or Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35-400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. Section 35-413. SPECIAL REQUIREMENTS IN I-1 AND I-2 DISTRICTS. 1. Buffer and Setback Where a proposed I-1 or I-2 development abuts any residential district (Rl through R7) either at a property line or a public street line, buffer provisions shall be established according to the following: a. Where I-1 or I-2 abuts Rl, R2, or R3 at a property line, the protective strip shall be no less than 100 feet in width. The protective strip shall not be used for parking, driveway, off-street loading or storage and shall be landscaped. Parking may be permitted in the buffer strip where an I-1 or I-2 use abuts an institutional use provided it does not extend to within 15 feet of the property line. The landscaped treatment shall contain an opaque fence or wall which shall not extend within 10 feet of any street right-of-way. The fence or wall design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the industrial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or wall. b. Where I-1 or I-2 abuts R1, R2, or R3 at a public street line, the protective buffer strip shall be no less than 50 feet in width, shall contain no structures other than screening devices, shall not be used for parking, off-street loading, storage, or any other industrial activity, and shall be landscaped. Parking may be permitted in the buffer strip where an I-1 or I-2 use abuts an institutional use provided it does not extend to within 15 feet of the property line. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. C. Where I-1 or I-2 abuts R4, R5, R6, or R7 at a property line, the protective buffer strip shall be no less than 50 feet in width, shall contain no structures other than screening devices, shall not be used for off-street loading, storage or any other industrial activity, and shall be landscaped. Parking may be permitted in the buffer strip provided it does not extend to within 15 feet of the property line. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. 69th AVENUE NORTH 9— 84'1• fi � •t bge�1ro �r SO * • f ` s ,OC1 = i .wT, .wr.,..�,� fir. ^FeA Q I 2 G♦'�' K. ,� pAZ A I Gb-647. 7 Q aG r5 coa4ze¢ i ,�,a• i 84l15g t [ERE_ + b".0 PASffB t t 848,92 12o't j t ® I MIA 2 NEW HORIZON_. 3 CHILD CARE GAS STATION _ 64&42 me47.`to � I P�48.9fo U4bF1 � i i I t 411 i I 69th AVENUE NORTH 1 � 4 1 � f 1 PI,AYGKOUND 4 � O 3 PP i i � Z � GAS STATION 2 I l I I I ' I ■ "� ■111 1 W �■ ■ �� �� ii � �� i �■_ ��ii ���� .- ter:, _ __ __ ■� _m Application No IS ME Is N'nn - - - c.1 _ - 111 _� _� ,���♦� am Mrs _ am 13 �1 am __ ' . ■■ �� _ l ■ r�i• Jam■ � � w „ i, •� LOA rip 1■_ _ r MM 7� MM -.a �s M See am MON M MM MW IN s � �_ _ ■■ 4 1 ■ MEMORANDUM TO: Planning Commission FROM: Planning Staff SUBJECT: Sign Ordinance Amendment DATE: July 13, 1992 Enclosed are two alternate drafts of amendments to the Sign Ordinance relating to real estate signs advertising space for lease. One draft would establish a permit for such signs; the other would not. Both drafts would allow for such signs for multiple family developments. Apartment complexes would be allowed one six sq. ft. sign per street frontage, unless the complex contained more than 36 units or was adjacent to a major thoroughfare, in which case the maximum size sign would be 32 sq. ft. Both drafts would require that such signs be maintained in an appropriate manner so that the message is legible. Sign structures would have to be maintained in accordance with Section 34-140. 1.c of the Sign Ordinance which is a general maintenance provision prohibiting dilapidated signs. Both the permit draft and the nonpermit draft stipulate that commercial or industrial space for lease signs can only be up when a building is less than 95% occupied. Both drafts limit the size of the signs to 32 sq. ft. and 10 ' in height. One freestanding or wall sign would be allowed per street frontage. The permit draft creates new subsections in the section of the Sign Ordinance relating to signs requiring a permit. The permits would be good for one year. After one year, the building owner could renew the permit upon providing evidence to the Building Official that the building is less than 95% occupied. All such signs allowed by permit would have to be marked with the date on which the sign permit was issued. It should also be noted that the permit draft would require a permit for commercial real estate signs advertising a property for sale as well as those advertising space for lease. We would tend to recommend the nonpermit draft of the ordinance because it would be simpler to understand and enforce. We do not know whether space for lease signs and commercial real estate signs are such a high priority for the residents of the community as to require a permit process. We cannot recall receiving a complaint regarding such a sign from a resident. In either case, however, we will do our best to fully enforce the provisions adopted. Both drafts are more workable than the provisions currently or formerly in place. 3 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992 , at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Sign Ordinance relating to real estate signs. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RELATING TO REAL ESTATE SIGNS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances is hereby amended in the following manner: Section 34-140. PERMITTED SIGNS F 2 . Permitted Signs Not Requiring a Permit . 1. Real Estate signs as follows: 3 . [Temporary] Signs for the purpose of leasing or selling portions of commercial or industrial buildings, such as offices or individual tenant areas_, are permitted only when [vacancies exist] buildings are less than 95% occupied and are limited to one freestanding or wall sign per street frontage. The size of signs shall be no greater than 32 sq. ft. and freestanding signs shall be no higher than 10 ' above ground level. [All signs permitted by this section of the ordinance shall be marked with the date on which the sign was erected to be located in the lower right hand corner of the sign. Said sign must be removed no later than one year from said date and may be re-erected only if vacancies exist and the sign is completely rejuvenated or replaced. Any sign not containing the date it was erected is unlawful. ] 4 . Signs for the purpose of leasing or selling dwelling units within a multiple family dwelling are permitted only when vacancies exist and are limited to one freestanding or wall sign per street frontage. The size of sic[ns shall be no greater than six sq. ft. unless the complex contains more than 36 units or is adjacent to a major thoroughfare in which case the sign may be up to 32 sq. ft. in area. The maximum height of freestanding signs shall be 10 ft. above ground level . 5. All signs permitted by this section of the ordinance shall be maintained in an appropriate manner so that the message is clearly legible. Sign structures must be maintained in accordance with Section 34- 140. 1.c of this ordinance. Section 2 . This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1992 Mayor ATTEST: Deputy City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted. ) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992 , at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Sign Ordinance relating to real estate signs. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RELATING TO REAL ESTATE SIGNS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances is hereby amended in the following manner: Section 34-140. PERMITTED SIGNS 2 . Permitted Signs Not Requiring a Permit 1. Real Estate signs as follows: 1. Temporary freestanding or wall signs for the purpose of selling or leasing individual residences or residential lots [or entire buildings] provided that such signs shall not exceed six (6) square feet in area [for residential property and thirty-two (32) square feet for other property] and that there shall be only one freestanding or wall sign permitted for each property. The sign must be removed within ten (10) days following the lease or sale. 3 . [Temporary signs for the purpose of leasing or selling portions of commercial or industrial buildings, such as offices or individual ry tenant areas are permitted only when vacancies exist and are limited to one freestanding or wall sign per street frontage. The size of signs shall be no greater than 32 sq. ft. and freestanding signs shall be no higher than 10 ' above ground level. All signs permitted by this section of the ordinance shall be marked with the date on which the sign was erected to be located in the lower right hand corner of the sign. Said sign must be removed no later than one year from said date and may be re-erected only if vacancies exist and the sign is completely rejuvenated or replaced. Any sign not containing the date it was erected is unlawful. ] Signs for the purpose of leasing or selling dwelling units within a multiple family dwelling are permitted only when vacancies exist and are limited to one freestanding or wall sign per street frontage. The size of signs shall be no greater than six sq. ft. unless the complex contains more than 36 units or is adjacent to a major thoroughfare in which case the sign may be up to 32 sq. ft. in area. The maximum height of freestanding signs shall be 10 feet above ground level. 4 . All signs permitted by this section of the ordinance shall be maintained in an appropriate manner so that the message is clearly legible. Sign structures must be maintained in accordance with Section 34- 140. 1.c of this ordinance. 3 . Permitted Signs Requiring a Permit A. Commercial (C2) and Industrial (I-1 and I-2) Districts 4 . Real Estate Signs Commercial or industrial properties shall be entitled to one freestanding or wall sign per street frontage to sell or lease an entire building or portion of a building or a lot. The size of the sign shall not exceed 32 sg. ft. in area. The maximum height of a freestanding real estate sign shall be 10 feet. Space for lease signs shall only be permitted when occupancy of the building is less than 95%. Permits for real estate signs shall authorize the erection and/or maintenance of such a sign for a period not to exceed one year. After one year, the building owner may renew the permit upon providing to the Building Official evidence that the building is less than 95% occupied. All signs permitted by this section of the ordinance shall be marked with the date on which the sign permit was issued. Said date shall be located in the lower right hand corner of the sign. All signs permitted by this section of the ordinance shall be maintained in an appropriate manner so that the message is clearly legible. Sign structures must be maintained in accordance with Section 34- 140. 1.c of this ordinance. B. Commercial (Cl and C1A) Districts 4 . Real Estate Signs Commercial properties shall be entitled to one freestanding or wall sign per street frontage to sell or lease an entire building or portion of a building or a lot. The size of the sign shall not exceed 32 sq. ft. in area The maximum height of a freestanding real estate sign shall be 10 feet. Space for lease signs shall only be permitted when occupancy of the building is less than 95% . Permits for real estate signs shall authorize the erection and/or maintenance of such a sign for a period not to exceed one year. After one year, the building owner may renew the permit upon providing to the Building Official evidence that the building is less than 95% occupied. All signs permitted by this section of the ordinance shall be marked with the date on which the sign permit was issued Said date shall be located in the lower right hand corner of the sign. All signs permitted by this section of the ordinance shall be maintained in an appropriate manner so that the message is clearly legible. Sign structures must be maintained in accordance with Section 34- 140. 1.c of this ordinance. Section 2 . This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1992 Mayor ATTEST: Deputy City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted. ) MEMORANDUM TO: Planning Commission FROM: Planning Staff SUBJECT: Improvements at Brookdale Unocal DATE: July 13 , 1992 Union 76 has proposed a modification to its pump islands, slightly relocating them, adding a pump to the westerly island, and erecting new, larger canopies over the pump islands. The project will also include the closing of the northerly access on Xerxes Ave. N. , the rounding off of the southerly access to make it a two-way access, and regrading of the approaches on County Road 10. Typically, the erection of canopies at gas stations has not required site and building plan approval. There will be no expansion of the building or change in its use. There will be some cosmetic changes to the exterior of the building. Union 76 has complied with the recommendations of City staff and we, therefore, see no need to process these improvements through a formal site and building plan application. We will be prepared to answer any questions you may have regarding this project at Thursday evening' s meeting.