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HomeMy WebLinkAbout1991 08-15 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER AUGUST 15, 1991 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - July 25, 1991 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. City of Brooklyn Center 91013 Request to demolish existing lift station #2 and replace it with a new lift station at 5450 Lyndale Avenue North. 6. City of Brooklyn Center 91014 Request for setback variances from Lyndale Avenue North (Section 35-400) and from the bluffline of the Mississippi River (Critical Area regulations) . 7. Other Business 8. Discussion Items a) Car wash proposal 9. Adjournment I _ Planning Commission Information Sheet Application No. 91013 Applicant: City of Brooklyn Center Location: 5450 Lyndale Avenue North Request: Site and Building Plan/Special Use Permit Application No. 91013 is submitted by the City of Brooklyn Center to replace the existing lift station at 5450 Lyndale Avenue North with a new lift station on the same parcel. The land in question is zoned R2 and is bounded on the north by a single-family home, on the east by the Mississippi River, on the south by a vacant R2 zoned outlot, and on the west by Lyndale Avenue North. Under Section 35-311 of the Zoning Ordinance, publicly owned structures are a special use in the R2 district. This use could also be considered a noncommercial use required for the public welfare in an R2 district, which is also a special use in that district. Access/Parking Access to the site will be gained via a 16 ' wide driveway at the southwest corner of the site. The existing driveway opening toward the middle of the property will be closed. There will be a double vehicular gate where the driveway meets the main portion of the site where the lift station is to be located. There will be space north of the lift station for three vehicles to park. There will also be a turnaround area to allow large vehicles to back up and then exit the site via the driveway. Landscaping The site is to be generously landscaped with a mixture of all planting types. A Greenspire Linden will be planted on each side of the entrance drive. Three Niobe Weeping Willow are proposed along the river bank to provide some screening of the lift station from the river. Three Japanese Tree Lilacs are to be planted in the green area along Lyndale. Six Spruce and an Austrian Pine are scheduled for the south end of the site and one Spruce on the north end. An extensive quantity of various shrubs is proposed around the lift station and paved area. The total point value of all plantings is 244 points for a site far less than an acre in size. An 8 ' high wood fence will screen the lift station somewhat on the river side. A 5' high chain link fence will secure the building on the other sides and tie in with the gate. Grading/Drainage/Utilities The lift station will be set at an elevation approximately 6' below street level at 818.421 . The 100 year flood elevation in this location is 816.01 . The structure will be located just outside the 100 year flood plain. The site will drain to two catch basins on either side of the entrance drive just inside the gate. These catch basins will be connected by a 12" storm sewer line to a large existing 42" storm sewer line that drains into the Mississippi River. The lift station will, of course, service the sanitary 8-15-91 1 Application No. 91013 continued sewer lines in this area of the City. A 24" sanitary sewer Line will enter an inlet structure north of the lift station, then be conveyed to a large manhole east of the lift station, then into the lift station. Sewage will be pumped out of the lift station through a meter station and then into a 16" force main that heads south along Lyndale Avenue North. Building The proposed above-grade building is about the size of a double garage (20' x 221 ) . The exterior of the building is to be a cedar lap board siding. The roof will be asphalt shingles that resemble cedar shakes. A keystone masonry retaining wall will be constructed north and south of the west wall of the building. Another retaining wall will be constructed along the riverbank in the approximate location of the bluff line. The inlet structure and the meter station will be submerged below grade with accesses flush with grade. The lift station will set back approximately 9 ' from the Lyndale Avenue North right-of-way and approximately 27 ' from the bluff line along the Mississippi River. The standard setback requirements are 35 ' from Lyndale and 40 ' from the Mississippi River bluff line. Applying both requirements results in negative buildable area. In order to make use of the lot, therefore, some variance from both setbacks is required. (See Application No. 91014 for further review of this matter) . Recommendation All things seem 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 F 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 . Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. B612 curb and gutter shall be provided around all parking and driving areas. 8-15-91 2 Application No. 91013 continued 5. Site and building plan and special use permit approval are subject to approval of variance Application No. 91014. 6. The special use permit is granted only for the specific use proposed by the City. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. Submitted by, Gar Shall Y cross Planner Approved by, e'0100218fto� C. Ronald A. Warren Director of Planning and Inspection 8-15-91 3 I I 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. Ln 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. _ _ \S = :. �� �� ICI® �- �� �� ==i I■■ �`�: orw _� _ _ ■ VIL �s �c I ■ J . Mtae.M/w illt N300 N30 p I� Qm Tompomry Essomenl Me N a a o a o { m I S 1�' � Eu�M Llnp I Yp N350 _ N350 1 14 € I - t° N1 F�N400 2 ° IDo g l{ C m m m ..area• m N C FFq ii < pi m m z mr ° ' y l i+ r_ __ 9 a � F N450 N450 Properly LM / •d /�j i eo P f� n vm O m ANsOO — {isoo C K Z e1De'h tyy t ° I. / .4 ENb N. 0 ° n r N550 _ N550 .: D F 11 Tl .) `j m Z 2 M N I • m • an 0 s� i � Q n a N Z C � I I rR t g v lilt �11� m D m z N 0 Z m x m � m D a � i O o z z m c $ $ f 0 N a f G mm S s s s ky3� =6 V 0 � MCrll.K.wO < N300 N30 s m Mc } I I t t3 m u v1 m II ! I ; I „ • I I N350 �+ ►_ N350 I fill �r Y Ni :+ N400 _ N400 it 19 y rn CP ? p .° e f, e c g � — "/ 3 ' I �I .:ii F s t. 1 Z 3 N45 N450 GO I I i X N500 — �I r 500 4 Z �iili�l 11 AV Z i \ l a I ;� i L; _ a I 11• S s ti A I c x IM IY I I I I 1 I MENU ?" — — ��\ III �'� � / i� ,.._" ` _— I� �.�� �'• C A% 30 8 -_. -. N550 __.r.._"" N550 30 z g H s It fA f11 . .. Z3 .S) •1, c� pT� g•P �O of rill 11 d Y t. C� i S f F 1, r 3 i Y , � _ i xia O � 1 _ N Z z I 1� O N e° 8d Planning Commission Information Sheet Application No. 91014 Applicant: City of Brooklyn Center Location: 5450 Lyndale Avenue North Request: Variance Application No. 91014 is a request by the City for a variance from the front setback requirement off Lyndale Avenue North and from the setback requirement from the Mississippi River bluff-line in order to build a new lift station at 5450 Lyndale Avenue North. The property in question is zoned R2 and is located as noted in companion Application No. 91013. The variance from the setback requirement off Lyndale is from Section 35-400 of the City's Zoning Ordinance. The variance relative to the bluff line is from the Critical Area regulations established by executive order of the governor in 1976. The required setback off Lyndale is 35' and off the bluff line is 401 . The proposed plan calls for an approximate 9 ' setback off Lyndale and 27 ' off the bluff line. The plan thus attempts to maximize, within the constraints of the property, the setback from the river bluff line. Both aspects of this variance application are subject to a set of standards. (see variance standards, attached) The following is a brief review of each aspect in light of the relevant standards: 1. Setback off Lyndale a) Hardship: If both setback requirements are applied, the result is negative buildable area. Thus, the property is unbuildable without the granting of a variance. Since this property is a lot of record prior to 1976, it has some buildable status under the Zoning Ordinance. To build, some variance is necessary from both standards. The option of relocating the lift station across the street has been considered 'and rejected on the grounds that the costs would be prohibitive. b) Uniqueness: The circumstances of this property are fairly unique. The combination of river frontage and extremely shallow lot depth are shared by just a few adjacent properties to the north which also received setback variances in the past. C) Cause: The unique circumstances were not caused by the City. The river and bluff line are natural land features. The placement of Lyndale Avenue North was a decision by the Highway Department many years ago when Lyndale was a state highway. The hardship is caused by the regulations within this context, not by City action. • 8-15-91 1 Application No. 91014 continued d) Impact: The effect of the reconstruction of the lift station will be a benefit to the neighborhood from the elimination of the present odor problem. Although the location of the new lift station will be slightly closer to the residences across the street, its presence will be less noticeable. 2. Setback off Mississippi River bluff line a) Hardship: Enforcement of the full 40' setback would render the property unbuildable and would deny reasonable use of the pre-existing lot. b) Uniqueness/Cause: As noted above, the physical circumstances of this property are relatively unique and were not caused by the City since April 25, 1975 (the date established in the Critical Area variance standards) . C) Use: The use of the property is a special use in the land use district (R2) in which the property is located. In light of the plans submitted under Application No. 91013, we believe the standards for a special use permit are met in this case. . d) Character of the Locality: The proposed lift station will not alter the essential character of the locality in which it is to be located. It will replace an existing. lift station; be located further from the river; and will eliminate an odor problem in the area caused by the existing lift station. e) Intent of the Order: The proposed lift station will not be contrary to the intent of the executive order which established the Critical Area Regulations. The proposed plan calls for a fairly innocuous structure to be screened from the river by generous landscaping. The use is a continuation and an improvement of an existing public facility. We believe the proposed plans are consistent with the Critical Area regulations to the maximum extent feasible. Request In light of the above considerations, staff respectfully requests approval of the variance application with acknowledgement of the following findings: 8-15-91 2 Application No. 91014 continued 1. The variance is necessary for the property to continue to be buildable. Relocation of the lift station is not feasible due to prohibitive costs involved in relocating utilities. 2. The physical circumstances of the lot with its river abutment and extremely shallow depth are relatively unique in the City. Similar properties to the north have also been granted setback variances. 3 . The unique physical circumstances have not at any time been caused by the City. 4. The variance will not be detrimental to other property in the neighborhood inasmuchas it will allow for a new and relocated lift station that will eliminate the odor problem associated with the old lift station. 5. The variance is not contrary to the intent of the Critical Area regulations which are aimed at preserving as much as possible the natural scenery along the Mississippi River corridor. The proposed screening and landscape plan appropriately fulfill this objective. Submitted by, Gary Shaticross Planner Approved by, C'• Ronald A. Warren Director of Planning and Inspection 8-15-91 3 N a y H N O n= O o CD ? cy. rn zn m rn ca zn co to to M � m ca Cl) CD m CD m (D CD m (D CD CD w w w r• w r• r• (D w t�D CAD CD CD CDD co N ((D (CD N N (CD cC �C �C �C~ �C C+ (D W C+ O O O (D C O A O O 0 g�g O 0 O W F- 0W W W O W W W W W (D CD, O e+; \In it \In O F-+ �• Js F-i w w r aw h N n O \Wn CR 9~ p jW n M O 0 :3 O :3 � It v CD N N h N (D O CD 9 O O O O O O O CD O r• r- 3 t= H 1 I I N --1 4s N --7 M V1 V1 �D CCDD CD I• � a � � ( + `� r• r• r• w w w w w w r• r• �. ct cF e+ cF et cF e+ ct ef• e+ ct cci- 8 8 8 0 o I 8 8 8 I F CL C `0 1�(CD m CD CD vWi p v n n 0 ~ O lJl 1W31 �WJI IWTI Q1 \.n � N r'(D lctv O (D 4�1' 1bb -Ph- 4�- N N -Ch. 4 A A N '�7 et Vl V1 O O O O O O O O I O I N v1 I V1 CD O o. V1 VI 1p V1 "D d Q. H 0 0 0 0 0 8 23 o I o 0 o e o o C+ `r"•W Ca CD M C6 • CD 4t'-- � (D w n pi V1 N cC K) 0 py ON N N N N N N N N O Cn c+ay v V1 V7 V1 V7 V7 VI V1 .-. .-. .� .-. .-. N (D N O 4h- 4b6 p. w A PIV a• 35-240 d. No less than seven (7) days before the date of the hearing, the Secretary to the Board of Adjustments and Appeals shall mail notice of the hearing to the applicant and to the property owners or occupants within 150 feet (including streets) of the subject property. The failure of any such owner or occupant to receive such notice shall not invalidate the proceedings thereunder. e. The Board of Adjustments and Appeals shall report its recommendations to the City Council not later than sixty (60) days following the date of referral to the Board. f. The application and recommendation of the Board of Adjustments and Appeals shall be placed on the agenda of the City Council within eighteen (18) days following the recommendation of the Board, or in the event the Board has failed to make a recommendation, within seventy-eight (78) days of the date of referral to the Board. g. The City Council shall make a final determination of the application within forty-eight (48) days of the recommendation by the Board of Adjustments and Appeals, or in the event the Board has failed to make any recommendation, within one hundred and eight (108) days of referral to the Board. h. The applicant or his agent shall appear at each meeting of the Board of Adjustments and Appeals and of the City Council during which the application is considered. Furthermore, each applicant shall provide for the Board or the City Council, as the case may be, the maps, drawings, plans, records or other information requested by the Board or the City Council for the purpose of assisting the determination of the application. i. The Secretary of the Board of Adjustments and Appeals following the Board's action upon the application, the City Clerk, following the City Council's action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application. t 2. Standards for Variances 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; 35-240 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. 3. Conditions and Restrictions 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. • 3 . Dimension Variance a. Local units of government may grant a dimension from strict compliance with the setback, or height restrictions, or lot size or line of sight requirement contained in the Interim Development Regulations after an administrative hearing that shall be conducted according to the regulations of the local unit of government. b. A dimension variance may be granted only when the following findings are made: (1) the strict enforcement of the setback or height restrictions, or lot size or line of sight will result in unnecessary hardship. "Hardship" as used in the consideration of a dimension variance means that the property in question cannot be put to a reasonable use under the dimension provisions of these Interim Development Regulations; (2) there are exceptional circumstances unique to the property that were not created by a landowner after April 25, 1975; (3) the dimension variance does not allow any use that is not a compatible use in the land use district in • which the property is located; (4) the dimension variance will not alter the essential character of the locality as established by these Interim Development Regulations; (5) the dimensions variance would not be contrary to the intent of the Order. MEMORANDUM TO: Planning Commission members FROM: Planning Staff RE: PDQ Car Wash proposal DATE: August 8, 1991 PDQ is preparing to submit an application for a gas station/convenience store/car wash on the property at the southeast corner of Highway 252 and 66th Avenue North. The proposal involves a detached car wash building, similar in appearance to the convenience store building with a brick exterior and metal fascia band. Under Section 35-414. 6 of the Zoning Ordinance, facilities for washing must be enclosed within the principal building. In discussions with PDQ and their representatives, four possible methods of resolving the issue of having the car wash in a separate building have surfaced. These include: 1) Planned Unit Development to allow two principal buildings on the same site. 2) Subdivision of the site into two parcels with shared access. 3) Variance from Section 35-414.6 to allow a car wash in a separate building. 4) Ordinance Amendment to clarify that vehicle washing must be conducted indoors in a building of comparable quality and appearance to the principal building. A planned unit development proposal would carry significant risks since the site plan would become subject to a rezoning process and could probably more easily be denied. A subdivision seems contrived and contrary to Section 35-540 of the Zoning Ordinance which requires combination into a single parcel of contiguous parcels that are under common use and ownership. We are initially skeptical that this proposal would meet the standards for a variance. An ordinance amendment is a significant step to take, but may be the most straightforward method of resolving the issue. There is also certainly the possibility that the present ordinance will be found to have merit and that the best direction to PDQ is to redesign their plan. We would ask that the Commission discuss this question at their August 15, 1991 meeting to give direction to staff and PDQ as to how most appropriately to proceed. We will be prepared to discuss this matter further at Thursday night's meeting. Phase I Work Begins on 69th Avenue Project Work will begin shortly on Phase I of the City of Brooklyn Center's 69th Avenue street improvement project. This initial phase of the project will continue through Spring, 1992, when actual street construction will begin. The improvement project, which extends from Brooklyn Boulevard to Shingle Creek Parkway, will widen 69th Avenue, and realign it to the north. Between Shingle Creek Parkway and West Palmer Lake Drive, a new roadway will be built through the southern edge of Palmer Lake Park. The Phase I project will correct soil conditions in the Palmer Lake portion of the project, and will build new, replacement wetlands and compensating flood storage. Soil Correction The soil in the area of the park where the new road will be built is unstable marl and peat. Trees and brush in the area of the new roadway will be removed, and a special geotextile fabric will be laid on the ground. Then, a process called "surcharging" will be used to compact the soil and make it suitable for construction. Over 73,000 tons of sand will over the next several months be placed on top of the fabric. The weight of the sand will compress the soil, making it more solid and less likely to settle after completion of the project. Next spring, the excess sand will be removed, and the roadway constructed. Surcharging is less disruptive to the area around the construction zone and is more economical than is removing the unstable peat and marl and replacing it with better soil. Wetland Mitigation Palmer Lake Park contains protected wetlands under the jurisdiction of the Department of Natural Resources and the US Corp of Engineers. As a condition of their approval of this street project, the City of Brooklyn Center has agreed to mitigate the loss of wetlands by constructing new, replacement wetlands in two separate locations. Permits from these agencies were granted after extensive review of the roadway and mitigation plans by other state and federal agencies. In one location the City will actually recreate a wetland which had previously been filled. This "mitigation site" is located in the Palmer Lake Nature Area in the southern area of the park, between the parking lot and the lake. The trail and the lake overlook will remain. Wetlands will also be created along Shingle Creek between Shingle Creek Parkway and 69th Avenue, between the City Maintenance Garage and the Shingle ' Creek Plaza office building. Bicycle/pedestrian trails in the area will be relocated. At both sites the City will establish wetland vegetation of the same type as the vegetation which is being disturbed by the roadway construction project. Additional trees will be planted in the mitigation areas and along the roadway. These plantings will be made in accordance with the specifications of the DNR and the Corps permit approval conditions. Flood Storage The project will also create what is called "compensating storage" for storm water. Because the area of the park in the construction zone is currently a storm water "holding area," new storage must be created elsewhere. This compensating storage will be provided in the same area (the south end of Palmer Lake) as the wetland mitigation. This design has been approved by the Shingle Creek Watershed Management Organization. Construction Traffic on 69th Avenue should be only minimally affected by construction of Phase I. The bicycle/pedestrian trail in the area of the soil correction will be temporarily relocated througout the duration of Phase I. W Irk JtJU�1 < i t � t t t t lkd N 3Ar NOlA3N = '� K 3AV y:c"�; • t L. ti J CQ'� ' � 11 ♦ W~t— 111111►1��1�1�1 ills{� i11 *_` • . • % 1 111 Q ~ 1, Al ILI t •• ® --- r s3t<cu It •� C�K i ''� :`♦ : '>;'♦X�X' Z i{lIh3Z iv X 36 "�X � =•M'` dyy� 'N '3AV Q�iV30 N d� X`xx`,, z •N V - Sai ' ♦ < If '3Av v AN lu- 'N •3AV z � •3AV 9Ni� M. I I 9NU13 'N '3Av 9NUA3 ~• z • ;.� 'N '3AV 33 1 3:)NVV s • w