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HomeMy WebLinkAbout1991 09-26 PCP • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 26, 1991 STUDY SESSION 1. Call to Order: 7: 30 p.m. 2. Roll Call 3. Approval of Minutes - September 26, 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. PDQ Food Stores, Inc. 91018 Resolution of denial on the grounds that the standards for a special use permit have not been met. This item was considered by the Planning Commission at its September 12, 1991 meeting and was tabled with direction to staff • - to prepare a resolution of denial. 6. Other Business a) Ordinance amendment on detached car washes. 7. Discussion Items a) Maxfield Research Commercial/Industrial Market Study b) Major thoroughfare setbacks in commercial and industrial zones. C) Ordinance prohibiting abutment of gas stations and R1, R2, R3 zones. 8. Adjournment w • Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 91018 SUBMITTED BY PDQ FOOD STORES, INC. WHEREAS, Planning Commission Application No. 91018 was submitted by PDQ Food Stores, Inc. , seeking site and building plan and special use permit approval to build a gas station/convenience store/car wash at the southeast quadrant of Highway 252 and 66th Avenue North; and WHEREAS, Section 35-220, Subdivision 2 of the Zoning Ordinance states that a special use permit may be granted by the City Council after demonstration by evidence that all of the five standards for Special Use Permits listed in said section of the Ordinance are met; and WHEREAS, the application was considered by the Commission at its September 12, 1991 regular meeting during which a public hearing was held and testimony regarding the request was received; and WHEREAS, the Planning Commission believes it is necessary • to revise -the plans submitted by PDQ Foods, Inc. in the following manner as a means of meeting the five standards for Special Use Permits: 1. Provide an access off the frontage road no closer to 66th Avenue North than the existing access serving the Atkins Mechanical site. 2. Provide a site design that clearly leads patrons to exit the site via a shared access leading to the existing median opening on 66th Avenue North. 3. Consideration of site design that might lead to the elimination of some gasoline dispensing pumps which would lead to better circulation on the site. 4. Consideration of only one access point from the frontage road serving this site. 5. Modification to the plans for the canopy to provide recessed lights to avoid light glare to the neighboring property. 6. Elimination of the neon band on the canopy. 7. Modification to the plan to include a minimum 6' high masonry wall to provide appropriate screening • of the site to the residential property to the east; and PLANNING COMMISSION RESOLUTION NO. WHEREAS, the applicant, during the public hearing, indicated it was not willing to revise the site and building plans in accordance with the above recommendations contained; and WHEREAS, testimony taken from neighboring property owners raises concerns that the PDQ plan will not promote and enhance the general welfare and may be detrimental to or endanger the public health safet Y, morals or comfort by citing recent problems experienced at a nearby convenience store/gasoline station; and WHEREAS, testimony taken from neighboring property owners also raises concerns that the PDQ plan will be injurious to the use and enjoyment of other property in the immediate area and may well lead to diminishing property values in the neighborhood and be an ' impediment to the upgrading of residential property in the immediate area; and WHEREAS, the Commission has considered the proposal in light of the staff report, testimony received, and the standards for a special use permit contained in Section 35-220 Subdivision 2 of the City's Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Planning Commission Application No. 91018 be denied on the grounds that the applicant has not demonstrated by evidence that the standards for a special use permit contained in Section 35-220.2 have been met. Specifically, the Commission finds that the standards are not or will not be met on the basis of the following: 1. The arrangement of the access drives on the proposed site plan does not lead motorists to exit the site via the joint driveway to the median opening in 66th Avenue North. The result of this arrangement will be for many cars to exit the site onto the frontage road, and creating traffic congestion at the intersection of the frontage road and 66th Avenue North immediately east of Highway 252 . This is deemed to pose an unacceptable risk of congestion affecting Highway 252. An appropriate access design for this site would have only one access onto the frontage road no closer to 66th Avenue North than the existing access to Atkins Mechanical. 2 . The establishment, maintenance and operation of a gas station/convenience store/car wash will not promote and enhance the general public welfare since there is already a gas station/convenience store at the same intersection across Highway 252. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1991 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance to allow for a detached car wash at a service station site. 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 35 OF THE CITY ORDINANCES TO ALLOW DETACHED CAR WASHES AT SERVICE STATION SITES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 35-414. SPECIAL REQUIREMENTS FOR AUTOMOBILE SERVICE STATIONS. Automobile service stations pose particular problems in achieving compatibility with abutting adjacent land uses because of • potentially detrimental aspects of their operation. The problem is basically both functional and esthetic involving traffic hazards, noise, light glare at night, outdoor storage of merchandise, poor architectural design, indiscriminate advertising, etc. , all of which contribute to less enjoyment and use of the reduction of property values in surrounding properties. It is hereby determined that the general welfare will be better served by minimizing adverse functional and esthetic conditions which may result from operation of automobile service stations and that the use, enjoyment, and improvement of surrounding property will be enhanced by the following requirements: 6. Facilities for chassis and gear lubrication [and for washing] must be enclosed within the principal building. Vehicle washes may be located in a separate building on the site provided that the materials and exterior treatment for the wash building shall be of the same level of quality as for the principal buildings. No merchandise may be displayed for sale outside the principal building except within four feet of the building or in pump islands unless enclosed by a structure comparable with the building. No discarded trash, parts, or tires may be stored outside the • building unless enclosed by a durable structure compatible with the design of the principal building. • ORDINANCE NO. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adoption this day of , 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underlined indicates new matter. ) • • 35-400 c. The setback distance shall be measured from the exterior wall of the building, and no part of any roof cornice or any appendage to the structure shall project more than one (1) foot into the minimum side yard setback. d. Interior side yard setback requirements may be waived in commercial and industrial districts where abutting commercial and industrial property owners wish to abut along a common wall built along the property. 4. When a building of 2-1/2 stories or more in an R5, R6, R7, C1A or C2 zone abuts an R1 or R2 zone, the setback of this building from the Rl or R2 property shall be no less than twice the height of the building. 5. In the case of corner lots, the lot lines not abutting street right-of- way shall, for the purpose of this ordinance, be considered side- interior lot lines, and except as otherwise provided, the use shall adhere to the setback requirements set out for interior side yards. 6. Except as otherwise provided, accessory buildings shall be permitted to be constructed to within five (5) feet of the rear property line. 7. Lot width shall be a function of the width of the townhouse unit. Where a townhouse unit abuts any other use, the interior side yard setback shall be a minimum of ten (10) feet. 8. The following shall not be considered as encroachments on yard setback to requirements. a. In any yards: Off-street open parking spaces; terraces; awnings; canopies; steps not exceeding 10% of the area of the yard; chimneys; flagpoles; air conditioner condensers; opaque fences, hedges, or walls provided they shall not exceed four feet in height in front yards and provided they do not impede vision within the sight triangle described in Section 35-560, or a clear view of the address of the principal building. Fences, hedges, or walls may exceed four feet in height alongside interior property lines. No fence, hedge or wall shall be allowed which constitutes an unsafe sight obstruction for pedestrians or motor vehicle operators.. b. In rear yards: Recreational and laundry drying equipment; arbors and trellises; balconies limited to 15% of the yard area; breezeways, open porches; detached outdoor living rooms (patios) . 9. Interior residential lots shall have a minimum rear yard area of 30% of the total lot area, exclusive of permitted accessory structures. 10. Setbacks along major thoroughfares as designated in Section 35-900 shall in all cases be at least 50 feet, measured from the street right- of-way line, except for accessory structures or where the property abuts a marginal access street or where the property abuts a noise wall or noise berm constructed by MNDOT, or where the City Council finds that excess right-of-way mitigates the effects of traffic noise, dust, and fumes. In such cases, the setback requirements shall be as contained in the Table of Minimum District Requirements. 11. Service/office (Cl, C1A) uses abutting major thoroughfares shall have a minimum lot area of one acre. Y , 35-322 k. Drop-in child care centers licensed by the Minnesota Department of Public Welfare pursuant to a valid license application, provided that a copy of said license and application shall be submitted annually to the City. 2. Special Requirements a. See Section 35-412 of these ordinances. 3. S cial Uses a. Gasoline service stations (see Section 35-414) , motor vehicle repair and auto washes provided they do not abut an R1, R2, or R3 district, including abutment at a street line; trailer rental in conjunction with these uses, provided that there is adequate trailer parking space. b. The sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal building) provided adequate parking is available consistent with the Section 35-704, 2 (b) and 2 (c) . c. Drive-in eating establishments and convenience-food restaurants provided they do not abut an R1, R2, or R3 district including abutment at a street line. (However, convenience food restaurants without drive-up facilities and located within the principal structure of a shopping center of over 250,000 sq. ft.. of gross floor area shall be considered a permitted use.) d. Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas, bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an RI, R2, or R3 district, including abutment at a street line. e. The sale of motor vehicles at retail. f. The out-of-door display and sale of marine craft at retail. g. Transient lodging. h. Animal hospitals. i. Public transportation terminals (excluding truck terminals) . J . Clubrooms and lodges. k. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701.