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HomeMy WebLinkAbout1991 10-10 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER OCTOBER 10, 1991 REGULAR 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. Condura Marketing Corp. 91019 Request for site and building plan and special use permit approval to install and operate a Tires Plus store in the commercial building at 5927 John Martin Drive. 6. Brooklyn Center Baptist Church 91020 Request for preliminary plat approval to subdivide into two lots, the parcel on which the Brooklyn Center Baptist Church and the parsonage presently sit in order to sell off the church building to another congregation. 7. Other Business 8. Discussion Items 9. Adjournment �i Planning Commission Information Sheet Application No. 91019 ' Applicant: Condura Marketing Corp. Location: 5927 John Martin Dr. Request: Site and Building Plan/ Special Use Permit Location/Use The applicant requests site and building plan and special use permit approval to modify the commercial building at 5927 John Martin Drive (the old Burger Bros. building) to install and operate a Tires Plus store. The property in question is zoned C-2 and is bounded on the northeast by John Martin Drive, on the southeast by Perkins Restaurant, on the south by Group Health Dental and U.S. West Communications, and on the northwest by Ethan Allen. Auto repair shops are special uses in the C-2 zoning district. The proposed Tires Plus store is to replace the existing store at 69th and Brooklyn Blvd. which is being removed due to the reconstruction of 69th Ave. North. Access/Parking No access changes are proposed to the site. The applicant proposes a six bay repair shop. The parking requirement for a repair shop is three spaces for each repair bay, plus one space for each employee on the maximum shift, plus two spaces for service vehicles. With six employees, this facility will require 26 parking spaces. The retail parking requirement for the 4950 sq. ft. to be occupied by Tires Plus is 27.5 spaces. The site presently contains 85 parking spaces which exceeds the present retail parking requirement for the entire 10,490 sq. ft. building. The proposed use, therefore, will not impede the retail use of the remainder of the building. Landscaping The proposed site plan indicates the addition of 11 Pfitzer Junipers and 4 Japanese Greenleaf Barberry shrubs in planting beds immediately north and south of the service doors on the west side of the building. Other landscaping in this area is to be removed to allow for the construction of a driveway leading from the joint driveway shared with Ethan Allen to the service doors. The total point value of all existing and proposed landscaping is 224 points. The area of the site is 1. 35 acres and the point requirement for this site under the Landscape Point System is 108 points. The plan, therefore, complies. Grading/Drainage/Utilities The plan proposes no change to the drainage pattern on the site. The new paved area west of the building will drain west into the 10-10-91 1 x common drive and into two catch basins within that drive. Building The main change to the building will be the installation of six overhead doors on the west wall of the building. The northerly five doors will be 10' high and the southerly door will be 12 ' high. The plans also propose a showroom window on the north wall of the Tires Plus tenant space. The interior of the tenant space is to consist of a sales/showroom area on the north (front) , service bays in the middle, and a storage room for inventory on the south (rear) . The storage room will have a capacity of 960 tires. There will also be racks to hold 320 tires in the service area. A loading dock near the southwest corner of the building will serve the storage area with delivery space. Lighting/Trash No lighting changes are proposed. The plan proposes two trash enclosures side by side to the rear of the building. One enclosure will be for recycled tires and one for discarded trash. The enclosures will be constructed of masonry to match the building. They will be 101x10' enclosures, 8 ' high. One concern with this application is that tires not be visible to the public. The existing store at 69th and Brooklyn Blvd. has utilized a trailer for storage since its inception and the City has gone to court to try to limit the outside storage of tires at this location. Special Use Standards The applicant's legal representative, Mr. Phillip Krass has submitted a brief letter addressing the special use standards contained in section 35-220.2 (attached) . In it, he states that the proposed tire store will promote and enhance the general welfare and will not be detrimental to the health, safety, morals or comfort of the public. He also states that there should be no adverse impact on other properties. He notes that they expect no more than 30 to 40 customers daily, with approximately three to four per hour. Mr. Krass points out that the surrounding area is already developed and that, therefore, the tire shop will not impede the normal and orderly development of the area. Finally, Mr. Krass notes that ingress, egress, and parking have been provided and states that the tire store will generate less traffic than the use which it is replacing. Staff generally agree that the proposal can meet the standards for a special use permit. However, the possibility of open service doors and outside display would, we believe, have a detrimental effect on this commercial neighborhood. We would, therefore, recommend conditions of approval aimed at preventing noise and visual pollution from this use. It should also be clear in any • 10-10-91 2 action of approval that the use of trailers for storage is strictly prohibited. Although service stations are allowed to have outside display of merchandise within four feet of the building, we do not believe such display would be compatible with the surrounding commercial area. Such display would, we believe, detract from the value of other properties in the neighborhood and would, therefore, violate the standards for a special use permit. Service of vehicles either outside or even with the overhead doors open would also have a similar detrimental effect. Recommendation Based on the foregoing, it appears that the standards for a special use permit can be met 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 . Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 5. B612 curb and gutter shall be provided around all new parking and driving areas. 6. The special use permit is granted for a tire store providing wheel related services. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 7. The special use permit is subject to all applicable codes, ordinances,and regulations. Any violation thereof shall be grounds for revocation. 8. There shall be no outside display of tires or other merchandise on the site except by the use of an Administrative Land Use Permit. 9. All vehicles serviced at the store shall be serviced inside the building with the doors closed. Vehicles not being serviced must be parked on the site in authorized parking spaces. No parking of vehicles is permitted in 10-10-91 3 front of the service bays. 10. The use of trailers for storage of new or used tires or any other merchandise or materials is strictly prohibited. 11. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. Submitted by, Gary ShaYlcross Planner proved by, 1:5Z- CAJ Ronald A. Warren Director of Planning & Inspections 10-10-91 4 law offices Phillip R.Kra-ti*x ��� James B.Cn)tt L. Dennis Monroe Orlin D Te Slaa K.Meyer Patricia.a.%kegler J MoxnE Patrick J.S�%wri,ey s x �� ROE Murray R.Klane Kathryn E.Keiby chartered *certified Gail 4ial Randy B.Egan, t also Admitted in M.-nsin x Also,Admitted in Gihf-nia Diane M.Carlson +Alxi admitted in Smth C--4a September 23, 1991 City of Brooklyn Center Attention: City Planner 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Tires Plus Special Use Application Our File No. 6916-64 Dear Sir or Madam: Section 35-320(2) of the Brooklyn Center City Ordinances requires an applicant for a Special Use Application to demonstrate that various criteria will be met by the allowance of that use in the Brooklyn Center community. This letter will serve to inform you as to the effect Tires Plus will have as to those important criteria. Our facility will promote and enhance' the general welfare of the community by providing a needed service for residents of the community. There are no health or safety issues related to the general public caused by an operation of a tire facility. Likewise, the morals of the community will not be affected by a tire shop and, if anything, the comfort of the members of the community will be enhanced by having this service available. Clearly the use of the property in question as a tire shop will not cause injury to the use or enjoyment of any other property in the vicinity, nor will it impact at all on other properties . We expect no more than 30 to 40 customers daily, with approximately three to four customers per hour. This type of intensity could not possibly impact adversly on other permitted properties or uses. The area in question has already been developed. We are not proposing to construct a new facility, but simply to make changes to an existing facility. Therefore, our use will not i � t all on development. �L.l�ti�2 c6�j�9� SEP 1991 ell` � .;•/• Southpoint Center,Suite 1100. 1650 West 82nd Street.Bloomington.Minnesota 55431.1447 Telephone:(612)885.5999 F"(612)885-5969 City of Brooklyn Center September 23, 1991 Page -2- Ingress, egress, and parking have been provided; and since the use we are proposing is much less intensive from a traffic- generating standpoint than other commercial uses including the one we are replacing, there will be less traffic caused by our use. The use of this facility as a tire store conforms in all respects to the regulations of the commercial district. Please call me with any questions or concerns with regard to this matter. Very truly ours, & C D h lip Krass Attorney at Law PRK/kek/jed 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 LL NASH RD N :1 'y'' A- R7`� W' '9 � CIA f X. UYII7 DR. ° I CIA HDWIN co W LIBRARY & 6'1 ST' I AVE. I N. �� '/1/�: / 60VT. SSERVItE eMR PL ATIO NQ ; "� 019 oP JI QWDV X i t. ;p r I � 1A R5 02 N. aU� CO. RD. N0.10 2• C 4 TIH A FLOOMY WADED IN MUM --j H. '� j; yf DR. A N. ' ERICON � 02 ' , N. $5(H AVE. y y ;COX �ti 55TH AVE. N. 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Request: Preliminary Plat The applicant requests preliminary plat approval to subdivide into two lots the Brooklyn Center Baptist Church property at the southeast corner of 59th and Humboldt Avenues North. The property in question is zoned R-1 and is bounded on the north by 59th Ave. N. , on the east by a seven unit apartment building and two single family homes, on the south by other single family homes, and on the west by Humboldt. The church parsonage is presently on the same lot as the church building. The purpose of the subdivision is to divide off a separate lot for the parsonage. Upon completion of the subdivision, the church itself will be sold to another congregation. The proposed plat is to be known as Brooklyn Center Baptist Church Addition with two lots. Lot 1 is to be the church lot with an area of 124,999 sq. ft. or 2.87 acres. Lot 2 is to contain the single family home, and will be 801x 131.9 ' for a total of 10,552 sq. ft. or .24 acre. There is a 20 ' wide utility easement which runs to the north and east of the single family lot and along the south side of the church property until it meets the north end of a cul-de-sac of Girard Ave. North. The City Engineer has recommended that 10' wide drainage and utility easements be dedicated along the property lines adjacent to Humboldt and 59th and that 5 ' wide easements be dedicated along interior property lines on the plat. Building locations on the plat are existing. No new construction is proposed at this time. There is, however, some confusion between the new property line location and the existing location of a fence which runs inside the church property along the entrance drive from Humboldt back to the area where the church has a garage. The arrangement of the fence gives the impression that the residence owns more land than it actually will under the proposed subdivision. We would recommend that the Commission discuss this matter with the applicant and ask how this confusion can be eliminated. Altogether, the proposed plat appears to be in order and approval is recommended, subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2 . The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 10-10-91 1 Submitted by, Gary Shallcross Planner roved by, Ronald A. Warren Director of Planning and Inspections 10-10-91 2 I AP mm - - ■ .m __ _■ _ �M -_ / _ ■ _ _ ■ ■■ mfr _ _ ��� �'�■ :. RLA MEIN = ■■ _. LPN ■� �. .. �� ♦ ■■ mm M■ ■■ �� ■III = �1 M�m� •� = v _■ —� rata _ - _ILE _= 11 ■11 11 - � 11 1 1111 ��Ir r. ■_ M■ ■- • ; __ M i i Cal Aft Q9r ti , I I ■ /,/ B. IUivlavL.LJ i , `p t t..,,i ..., i-} ..�ila^."r:.•;'.-�.. "+.��:}.. w -�.•--� •rte ``-.� ♦ . W ,..- W �' J t h ! �fl:. 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