HomeMy WebLinkAbout1990 03-29 PCP y
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PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
MARCH 29, 1990
STUDY SESSION
1. Call to Order: 7:30 p.m.
2 . Roll Call
3. Approval of Minutes - March 15, 1990
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. E and H Properties 90003
Request to rezone from R5 to C2 a sliver of land east of
the Atkins Mechanical site at 6550 West River Road.
Also, a request to rezone from R5 to C1 the rest of the
land eastward to Willow Lane, north of the Ketroser
Apartments.
6. E and H Properties 90004
Request for preliminary plat approval to resubdivide the
four parcels of land south of 66th Avenue North and east
of Highway 252 owned by E and H Properties into two
parcels, one adjacent to the Highway 252 frontage to be
zoned C2 and one adjacent to Willow Lane to be zoned Cl.
7. Fina Oil and Chemical Company 89012
Request for site and building plan and special use permit
approval to construct a service station/convenience
store/car wash at the southeast corner of Highway 252 and
66th Avenue North. This application was considered by
the Commission at its May 25, 1989 and tabled because of
inadequate plans and the imposition of a moratorium. A
new set of plans has been submitted for consideration.
8. Brooklyn Center Economic Development Authority 90005
Request for variance approval for a package of signs to
be used at the Earle Brown Heritage Center, 6105 Earle
Brown Drive, etc.
9. Other Business
10. Discussion Items
11. Adjournment
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Planning Commission Information Sheet
Application No. 90003
Applicant: Howard Atkins
Location: 66th Avenue North and Willow Lane
Request: Rezoning
The applicant requests approval of a two-part rezoning application
for land lying south of 66th Avenue North and west of Willow Lane.
The land in question is presently zoned R5 and is bounded by 66th
Avenue North on the north, by Willow Lane on the east, by an 18
unit apartment complex on the south, and presently by vacant C2
zoned land and the Atkins Mechanical site on the west. The two
parts of the proposed rezoning are: 1) to rezone from R5 to C2 a
sliver of land lying immediately east of the present C2 district
(similar to what was requested approximately a year ago under
Application No. 89006) ; and 2) to rezone the balance of the vacant
R5 property over to Willow Lane to C1 (service/office) . The
purpose of the rezoning, as it was a year ago, is to square out the
C2 district for development as a Fina service station/convenience
store/car wash and to provide an access to 66th Avenue North across
commercial property. (The access proposed by Fina will either
become part of a public street or will ultimately serve an office
development on the proposed C1 parcel. ) Another possible outcome
of the proposed rezoning would be the eventual creation of an
acceptable buffer development, in the form of an office, between
the proposed service station and the residential neighborhood
across Willow Lane. An alternate buffer would be a roadway and
high berm as recommended in the Short-Elliott-Hendrickson Land Use
Study of this area. The City is still investigating that option,
but, in the event it does not come about, the property owner is
proposing the rezoning of the easterly parcel to C1 in order to
provide a buffer development that is more acceptable to the
neighborhood than an apartment development.
Guidelines for Evaluating Rezonings
All rezoning applications are to be evaluated in light of the
Rezoning Evaluation Policy and Review Guidelines contained in
Section 35-208 (attached) . The applicant has submitted a letter
(attached) in which he briefly addresses these guidelines. A
recitation of the applicant's arguments and staff comments are
provided:
(a) Is there a clear and public need or benefit?
Atkins: "Present zoning line between C2 and proposed C1 is
irregular. Straightening out the C2 zone line will make
development of the site more efficient and allow the
proposed building to screen on-site activities. "
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Application No. 90003 continued
Staff: Efficient site design is generally a public benefit.
However, there is always more than one way to design a
site and, as will be pointed out in review of the
proposed Fina site plan, staff feel there is the
possibility of moving the station to another location on
the site with the possible vacation of the frontage road
adjacent to Highway 252 and the installation of a roadway
south of 66th Avenue North and tying in to Willow Lane as
recommended in the SEH Land Use Study. Nevertheless,
even with such a roadway, there would be some zoning of
land from R5 to C2 since any land between the Fina site
and the potential roadway to the east would be
unbuildable by itself.
As to screening on-site activities, the proposed site
plan places the gas pumps west of the building and thus
uses the building to screen the pumps and associated
activity from the residential neighborhood to the east.
To accomplish this reorientation requires that the
station and the C2 district boundary move slightly
eastward. We believe this is a positive change to the
plan. However, in the event that there is no roadway
east of the station, the moving of the zoning line will
leave less land for an office development on the proposed
C1 parcel to the east. This is a concern relating to the
proposed C1 property that should be addressed by the
property owner in a concept plan for that parcel before
action is taken on the rezoning.
(b) Is the proposed zoning consistent with and compatible with
surrounding land use classifications?
Atkins: "Cl zoning of parcel closest to residential neighbors
will provide a buffer to C2 use. "
Staff: We agree. However, it is likely that the C1 development
of the easterly parcel will be some years in coming. The
SEH study recommended a roadway and a high berm to buffer
the residential neighborhood from the service station.
Absent such a buffer and absent an imminent office
development, it is recommended that a condition of the
rezoning and development plans be a high quality
screening treatment along the east side of the service
station site, providing screening comparable to the high
berm recommended by the SEH study.
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Application No. 90003 continued
(c) Can all permitted uses in the proposed zoning district be
contemplated for development of the subject property?
Atkins: "Yes. Proposed use is a service station which is
permitted in a C2 zone. "
Staff: With the proposed C1 district serving as a buffer, most
any commercial use would be permitted on the C2 parcel.
Also, the C1 zoning on the easterly parcel will allow for
a joint access that will line up with the median opening
in 66th Avenue North. Commercial access would not be
allowed across the easterly parcel if it were zoned R5.
The rezoning of the easterly parcel to C1, or alternately
the development of a roadway and berm, is, therefore, a
necessary aspect of the service station development
proposal.
(d) Have there been substantial physical or zoning classification
changes in the area since the subject property was zoned?
Atkins: "There have been no zoning classification changes since
the subject property was originally zoned. The
Comprehensive Plan has recommended that the entire site
should be Commercial-Retail. The upgrading of Highway
252 has made this an even more viable commercial site. "
Staff: We agree. However, the existing residential neighborhood
to the east remains and the challenge for development in
this area is to be compatible with both the heavy traffic
on Highway 252 and with the nearby residential area. The
proposed Cl zoning for the easterly parcel, or a roadway
and buffer, are probably the most reasonable compromises
that can be achieved in this difficult situation.
(e) In the case of City-initiated rezoning proposals, is there a
broad public purpose evident?
Atkins: "The City has indicated a desire to rezone the R5 parcel
to C1. "
Staff: This is correct. We do not believe it would be in the
best interests of the neighborhood or the community for
the R5 zoning to remain or for the C2 district to extend
eastward to Willow Lane. The C1 zoning acts as an
appropriate buffer between the C2 and R1 districts. As
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Application No. 90003 continued
to the minor expansion of the C2 zone, we see no
significant problems with it so long as the remaining
land to the east is viable for a separate development
which can eventually serve to act as a buffer between two
conflicting land uses (service station and single-family
residential) .
(f) Will the subject property bear fully the ordinance development
restrictions for the proposed zoning districts?
Atkins: "The subject property will comply fully with development
restrictions for the C2 zoning district. "
Staff: This is possible only if the access to 66th Avenue North
is across commercial land or a public roadway as
recommended in the SEH study. Commercial access across
R5 zoned land is prohibited. If lot width is calculated
along 66th Avenue North rather than along Willow Lane,
the width of the proposed Cl lot is substandard at
approximately 1001 . The minimum lot width for a C1 lot
is 1501 . The width of the proposed C1 lot along Willow
Lane exceeds the 150 ' minimum. While the 150' width
requirement can probably be applied to either frontage,
the narrowness or shallowness of the easterly parcel is
a concern. For there to be a buffer use east of the
service station, the parcel must be of sufficient size to
support a viable development. The applicant should
submit a concept plan demonstrating that the C1 parcel
can in fact support such a development before favorable
action on this rezoning application.
(g) Is the subject property generally unsuited for uses permitted
in the present zoning district, with th res P ect to size
configuration, topography or location?
Atkins: "The subject property is suited for uses permitted in the
present zoning district; however, straightening out the
zoning line will promote better development of both
sites. "
Staff: The applicant addresses chiefly the change from R5 to C2
of a relatively small area of land. However, the zoning
change for the majority of the area is from R5 to C1. It
is our perception that there is more than enough multi-
family housing not only in this local neighborhood, but
in the larger Northeast Neighborhood of the City as well.
3-29-90 -4-
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Application No. 90003 continued
Also, since any commercial development on the westerly parcel will
likely require a cross-access arrangement with the easterly parcel
in order to properly access onto 66th Avenue North at the median
opening, it is inappropriate to maintain a residential zoning of
the easterly parcel since such a zoning would preclude a rational
access for the commercial site to the west.
(h) Will the rezoning result in the expansion of a zoning district
warranted by: 1) Comprehensive Planning; 2) the lack of
developable land in the proposed zoning district; or 3) the
best interests of the community?
Atkins: "The rezoning will result in a slight increase in the C2
zoning district. We are merely attempting to straighten
out the present zoning line. The Comprehensive Plan
recommends the entire site to be Commercial-Retail."
Staff: This is correct. The proposed rezoning is consistent
with the recommendation of the Land Use Revision Map
(Figure 15, Table 14) of the City's Comprehensive Plan.
More recently, the City commissioned a land use study by
Short-Elliott-Hendrickson which recommended, as the
preferred alternative, the installation of a roadway and
buffer between the service station site and Willow Lane.
It also recommended the vacation of the frontage road
immediately east of Highway 252 and the shifting of the
service station somewhat west. In any case, the
installation of the roadway and berm would be located
such that the easterly boundary of_ the service station
site and thus of the C2 district would be east of its
present location and some rezoning would, therefore, be
necessary.
As to lack of developable land in the C1 and C2 zoning
districts, there is getting to be a lack of developable
land in almost all zoning districts in the City. There
are only a few vacant C1 parcels in the City. The same
could be said of R5 zoned parcels. In terms of land
supply, therefore, this application is basically a wash.
As to the best interests of the community, we feel that
the proposed rezoning scheme is perhaps a second best
solution in this area. Again, the area was studied
extensively by Short-Elliott-Hendrickson and the
preferred alternative recommended by that study was a
land trade that would involve vacating the existing
frontage road adjacent to Highway 252 and installing a
new roadway south of the median opening in 66th Avenue
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Application No. 90003 continued
North and a construction of a berm between that roadway
and Willow Lane. It would also involve eliminating the
direct connection between 66th Avenue North and Willow
Lane. We still believe that such a scenario is in the
best interests of the community. However,, it will take
time for the City to obtain marketable title to the
frontage road right-of-way land and to negotiate
acquisition of the land needed for the buffer/landscape
and roadway area in order to be in a position to carry
out such a land trade. The applicant and Fina Oil,
meanwhile, are pessimistic that the City can obtain title
to the land from MN/DOT in a short period of time.
Having waited a year, they are impatient to develop the
property and have put forward a development plan which
does not assume a land trade and a new roadway. Rather,
it assumes there will be continued private ownership of
the land east of the service station. The rezoning to C1
is a compromise proposal which would eventually place an
acceptable buffer use between the service station and the
residential neighborhood. We agree that the C1 zoning is
a preferable zoning designation for the easterly parcel.
However, the office use may not take place for some
years. In the meantime, we believe that the service
station must provide a screening treatment that is as
effective as the berm and plantings recommended in the
SEH study. The proposed screening treatment will be
reviewed in more detail in the information sheet on the
site and building plan application for the service
station.
In conclusion, we feel that the roadway and berm
recommended in the SEH study are really in the best
interests of the community, but the applicant and Fina
are not willing to wait for that recommendation to be
effectuated and certainly have the right to pursue the
rezoning and plan they propose. In the interim, the
property owner requests a rezoning which will allow the
station to function and will leave open the option of an
acceptable buffer use in the future and also leaves open
the option of a roadway and buffer area. We believe that
with adequate screening of the service station, the
proposed zoning scheme is acceptable, though not
preferable.
(i) Does the proposal demonstrate merit beyond the interests of an
owner or owners of an individual parcel?
Atkins: "Straightening out the zone line as proposed will promote
better development of both sites. "
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Application No. 90003 continued
Staff: The primary merit of the proposal beyond the interests of
the owner is the Cl designation of the easterly parcel.
This is clearly preferable to the current R5 designation,
as witnessed by comments from the neighborhood at
previous public meetings. The other aspect which must be
reviewed in detail is the proposed screening treatment of
the gas station. Such a screening treatment is required
as a benefit to the public in exchange for the benefit to
the private property owner of a rezoning of land.
Process
The matter of land use in the area of 66th Avenue North and Highway
252 has been considered at some length over the past year by the
Planning Commission and the City Council in consultation with
staff, with the Northeast Neighborhood Advisory Group, and with the
assistance of the consulting firm of Short-Elliott-Hendrickson. We
do not believe anything would be served by again referring this
matter to the Northeast Neighborhood Advisory Group. We do
recommend, however, that the Commission be fully satisfied with the
proposed development plan and the proposed screening treatment
before it acts favorably on the rezoning application. The
Commission has 60 days to act on the rezoning application. If the
Commission wishes to act on all applications at this meeting, we
will try to have a draft resolution ready for the Commission's
consideration. Otherwise, the Commission can table the matter and
direct staff to prepare a resolution specifying findings either pro
or con. We recommend that the rezoning, site and building plan and
special use permit, and preliminary plat applications be acted on
together.
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Section 35-208. REZONING EVALUATION POLICY AND REVIEW GUIDELINES.
1. Purpose.
The City Council finds that effective maintenance of the com-
prehensive planning and land use classifications is enhanced through
uniform and equitable evaulation of periodic proposed changes to this
Zoning Ordinance; and for this purpose, by the adoption of Resolution
No. 77-167, the City Council has established a rezoning evaluation
policy and review guidelines.
2. Policy.
It is the policy of the City that: a) zoning classifications
must be consistent with the Comprehensive Plan, and b) rezoning
proposals shall not constitute "spot zoning," defined as a zoning
decision which discriminates in favor of a particular landowner, and
does not relate to the Comprehensive Plan or to accepted planning
principles.
3. Procedure.
Each rezoning proposal will be considered on its merits, measured
against the above policy and against these guidlines which may be
weighed collectively or individually as deemed by the City.
4. Guidelines.
a Is there a clear and public need or benefit?
(b) Is the proposed zoning consistent with and compatible with
surrounding land use classifications?
(c) Can all permitted uses in the proposed zoning district be
comtemplated for development of the subject property?
I (d) Have there been substantial physical or zoning classification
changes in the area since the subject property was zoned?
(e) In the case of City-initiated rezoning proposals, is there a
broad public purpose evident?
(f) Will the subject property bear fully the ordinance development
restrictions for the proposed zoning districts?
(g) Is the subject property generally unsuited for uses permitted
in the present zoning district, with respect to size, con-
figuration, topography or location?
(h) Will the rezoning result in the expansion of a zoning district,
warranted by: 1) Comprehensive Planning; 2) the lack of
developable land in the proposed zoning district; or 3) the
best interests of the community?
(i) Does the proposal demonstrate merit beyond the interests of
an owner or owners of an individual parcel?
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ATKINS MECHANICAL, INC.
MECHANICAL CONTRACTORS
6550 W. RIVER ROAD
MINNEAPOLIS, MINNESOTA 55430
(612) 566-8960
March 7, 1990
City of Brooklyn Center
Planning Department
6301 Shingle Creek Parkway
Brooklyn Center, Minn. 55430
Re: E & H Properties
C2/C1 Land Development
66th Ave. No. & Highway 252
Gentlemen:
Guideline for Rezoning
(a) Clear & Public need: Present zoning line between C2 and Proposed C1
is irregular. Straightening out the C2 zone line will make develop-
s ment of the site more efficient and allow the proposed building to
screen on-site activities.
(b) C-1 Zoning of parcel closest to residential neighbors will provide
a buffer to C2 use.
(c) Yes: Proposed use is a service station which is permitted in a
C2 zone.
(d) There have been no zoning classification changes since the subject
property was originally zoned. The Comprehensive Plan has re-
commended that the entire site should be Commercial-Retail. The
upgrading of Highway 4252 has made this an even more viable
commercial site.
(e) The City has indicated a desire to rezone the R5 parcel to Cl.
(f) The subject property will comply fully with development restric-
tions for the C2 zoning district.
- continued -
City of BC
Letter dated 3-7-90
Page 2
(g) The subject property is suited for uses permitted in the present
zoning district; however straightening out the zoning line will
promote better development of both sites.
(h) The re-zoning will result in a slight increase in the C2 zoning
district. We are merely attempting to straighten out the present
zoning line. The Comprehensive Plan recommends the entire site to
be Commercial-Retail.
(i) Straightening out the zone line as proposed will promote better
development of both sites.
Respectfully submitted,
E & Ii Properties
Howard J Atkins
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Planning Commission Information Sheet
Application No. 90004
Applicant: E and H Properties
Location: 6550 West River Road
Request: Preliminary Plat
The applicant requests preliminary plat approval to resubdivide
into two parcels the four parcels of land at the southeast quadrant
of Highway 252 and 66th Avenue North. The property in question is
zoned C2 approximately on the west half and R5 on the east half.
The R5 portion of the property is the subject of a rezoning request
(Application No. 90003) to C2 and C1. The proposed plat would
subdivide the property along the proposed zoning line, creating a
C2 parcel on the west and a C1 parcel on the east. The entire plat
is bounded on the north by 66th Avenue North, on the east by Willow
Lane, on the south by the Ketroser apartments and the Brookdale
Motel, and on the west by the Highway 252 frontage road.
The plat basically consists of two platted lots from the Olson's
Island View Terrace Addition, one of which contains the Atkins
Mechanical site, and two lots which make up Lot 15 of Auditor's
Subdivision No. 310 between Highway 252 and Willow Lane. It also
includes a strip of land which was formerly the south edge of the
66th Avenue North right-of-way. The proposed legal description for
the plat is Lots 1 and 2, Block 1, E and H Properties Addition.
Lot 1 is the slightly larger westerly parcel at 51,575 sq. ft.
(1.18 acres) which is proposed to be zoned C2 as the site for the
proposed Fina station. Lot 2 is somewhat smaller at 36, 003 sq. ft.
( .83 acres) and is proposed to be zoned C1, the site for a future
office development.
The plat proposes 5 ' wide drainage and utility easements along all
interior property lines. Adjacent to Willow Lane and the frontage
road the easement is proposed at 10 ' in width in accordance with
the Subdivision Ordinance. Adjacent to 66th Avenue North, the
drainage and utility easement expands from west to east and
contains a 6" water main. Storm and sanitary sewer are available
in Willow Lane.
One concern with the proposed plat is the size of the proposed Lot
2. C1 parcels are to be a minimum of 150 ' in width. While the
dimension along Willow Lane is approximately 3001 , the dimension
east-west is much less, reaching a maximum along the southerly
property line of 135.381 . While the lot width could be calculated
along Willow Lane, the shallow east-west dimension raises the
concern that the C1 parcel may not be large enough for an office
development. As we have suggested in the information sheet for
Application No. 90003, the applicant should demonstrate with a
conceptual plan that the C1 parcel is viable before the rezoning or
the plat are approved.
3-29-90 -1-
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Application No. 90004 continued
In other respects the plat appears to be in order. Approval should
be 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.
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Planning Commission Information Sheet
Application No. 89012
Applicant: Fina Oil and Chemical Company
Location: 6550 West River Road
Request: Site and Building Plan/Special Use
The applicant requests site and building plan and special use
permit approval to construct a service station/convenience
store/car wash at the southeast quadrant of Highway 252 and 66th
Avenue North. The property in question is zoned C2 and R5 at
present (Application No. 90003 seeks the rezoning of a sliver of
land east of the present C2 zone to make the entire service station
site C2) and is bounded on the north by 66th Avenue North, on the
east by vacant R5 zoned land (the owner proposes C1 zoning) , on the
south by the Brookdale Motel, and on the west by the Highway 252
frontage road.
This application was considered by the Commission at its May 25,
1989 meeting and was tabled in lieu of the plans being incomplete
and of the City Council 's consideration of a moratorium on all non-
service office development along Highway 252 and Willow Lane, from
just north of 66th Avenue North south to the freeway. A moratorium
was instituted and a land use study of the area was performed by
Short-Elliott-Hendrickson. The Commission was fully involved in
the process of the land use study and it is unnecessary to recite
the entire history of this matter here. The inclusion of the land
use study which was accepted by the City Council was for the zoning
of the block between 65th and 66th to remain essentially the same,
but with the installation of a roadway and landscape buffer in
approximately the northeast quarter of the block (on land that is
presently zoned R5) . To bring about this recommended alternative,
it was suggested by the study that the City acquire the land on
which the present frontage road is located and that the City sell
this land to abutting property owners in order to partially
underwrite the cost of providing the new roadway and landscape
berm. The City is proceeding in an effort to obtain title to the
frontage road land; however, we cannot say with complete certainty
when the City will gain marketable title to the land. The
applicant is pessimistic as to the time frame involved in realizing
the recommendation of the land use study and wishes to construct a
station as soon as possible. They have, therefore, submitted a new
set of plans and the landowner has submitted a new rezoning
application and plat application which assume that the roadway will
not be developed and the land will remain privately owned. With
these facts in mind, a review of the proposal follows.
Access/Parkins
The site plan proposes two accesses off the Highway 252 frontage
road, about 90 ' apart. Both accesses are 30 ' wide. The southerly
access leads to a driveway south of the building which leads to a
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Application No. 89012 continued
stacking lane for the proposed car wash. An exit lane from the car
wash extends north of the building approximately 75 ' and then
merges into the driving lane from the main parking lot. This
driving lane connects to a 24 ' wide access onto 66th Avenue North.
The access onto 66th is actually on the neighboring lot to the east
and lines up directly with the West River Road intersection with
66th Avenue North. (At a minimum, the north leg of this
intersection is to be reconfigured with a large bubble expanding
the median. See the SEH study for a graphic depiction of the new
intersection) .
Parking provided on site comes to 28 spaces. (The northerly space
in the row opposite the car wash exit lane should not be allowed,
however, since it constricts the driving lane to the west to a
width less than 241 . ) The number of spaces required for the
building at the retail parking formula is 28 spaces. No parking at
the pumps has been credited. It should also be noted that the
handicapped spaces north of the building do not meet code. Each
handicapped space should be a minimum of 12 ' wide. The proposed
plan provides two 9 ' wide stalls separated by a 4 ' wide ramp.
There is room to correct this on the plan.
As far as stacking for the car wash, the plan shows stacking for
six cars, though four of these are compact cars. It is difficult
to gauge the need for stacking for the car wash. We have had
inquiries about the possibility of a car wash at another parcel in
the area and the old Quick Six station had a car wash. If stacking
exceeds six cars, the three parking spaces south of the building
are likely to be blocked in. The plan labels these spaces
"employee parking. " There is additional stacking space in the
driving lane along the south side of the site.
Landscaping
The landscape plan erroneously projects a point total of 147.5
points. In reality, the points total 100.5 points. Of note is the
fact that no shade trees are proposed. The plan proposes five
Profusion Crab trees in the large green area in the northwest
corner of the site and four more in the southeast corner of the
site. Four Crabs are also proposed in the island between the two
accesses on the west side of the site. The accesses will be
flanked by planting beds containing Dwarf Mingo Pine and Dragons
Blood Sedum. The plan also proposes three planting islands near
the building to delineate parking. Plantings would include
Seargent Juniper, Wilton Carpet Juniper, and Technes Arborvitae.
The principal concern with the landscape plan is the proposed
screening treatment along the east property line. The plan
proposes a 6 ' high wood fence, five (5) Black Hills Spruce, three
(3) Amur Maple, two (2) Japanese Tree Lilac, and 13 Technes
Arborvitae shrubs. On the east side of the fence, the plan
3-29-90 -2-
Application No. 89012 continued
proposes three clumps of Common Purple Lilac. Staff would
recommend that shade trees be used instead of Black Hills Spruce to
screen the building. We would also recommend that the Commission
consider requiring a masonry wall to match the building rather than
a wood fence. Finally, we would recommend that the wall either be
carried down to the south property line or that Black Hills Spruce
be used in place of Profusion Crab at the southeast corner of the
site to screen the headlights of cars traveling eastward to use the
car wash. As is discussed in the information sheet on the proposed
rezoning, (Application No. 90003) , the SEH land use study has
recommended a land trade, a roadway and landscape buffer to
mitigate the effects of the proposed service station on the single-
family neighborhood to the east. In the absence of this scenario,
we believe the burden is on the service station to provide
comparable effective screening. We do not believe the proposed
plan goes far enough in that direction.
Grading. Drainage Utilities
The grading and utility plan proposes to convey runoff to the
northeast and southeast corners of the site. A catch basin at the
southeast corner of the site will be connected by a 15" storm sewer
line to the storm sewer in Willow Lane. At the northeast corner of
the site, the flow of drainage will actually cross over the
property line to two catch basins in the access drive entering 66th
Avenue North, and be conveyed by a 12" storm sewer line to City
storm sewer in Willow Lane.
No water or sanitary sewer services are indicated on the plan. A
hydrant is proposed in the island between the two access drives off
the Highway 252 frontage road. Three 1" water services are stubbed
to the site from a water main in the frontage road.
Building
The proposed convenience store building is 50 ' x 50' and the
attached car wash is 16' x 341 . The proposed exterior treatment is
stucco with a striped metal band along the top of the north, west,
and south sides. The building is to be 16 ' high and the canopy
over the gas pumps is to be about 21 ' 6" above grade. The striping
treatment is continued on the canopy fascia. The sidewalk west of
the building is only 4 ' wide, and north of the building only 5'
wide. Since most stations store merchandise outside within 4 ' of
the building, these walks will serve little use for pedestrians.
It is recommended that they be widened to 8 ' and that the pumps and
parking be shifted accordingly.
The building setbacks exceed the minimum required from the north,
south, and west property lines. However, the setback from the
proposed east property line is the minimum of 101 . If the roadway
recommended by the SEH study were installed the setback from the
east property ine would have to
Y be at least 251 . The right-of-way
g Y
for the new roadway would be somewhat east of the proposed east lot
3-29-90 -3-
i
Application No. 89012 continued
line, allowing for the necessary 25' setback should the roadway be
installed. If this comes about, Fina will have to buy the
additional land which will have to be rezoned to C2 and platted
into the Fina site.
The proposed plan shows no signery on the canopy as this would
constitute freestanding signery and exceed the limits of the Sign
Ordinance for this site. The plans do show a rendering of a
freestanding sign; however, that sign is too large and too high for
the size building proposed. The maximum size for this site is 128
sq. ft. and the maximum height is 241 . The proposed sign is 147
sq. ft. and 30 ' high. No variance is acknowledged by approval of
the site and building plans. Approval is always exclusive of
signery which is subject to the Sign Ordinance.
Lighting/Trash
The proposed plan calls for nine (9) 16 ' high pole lights around
the site. Two are to be situated at each entrance, two in front of
the car wash, and one at the southeast corner of the site. The
luminaires are to be 400 watt Super Metal Halides, focused
primarily downward. Only one of these lamps should shine eastward
toward the residential neighborhood. The applicant should be
directed to use a different luminaire by the car wash. The
lighting plan indicates light intensity up to 30 foot candles
across the property line near the access onto 66th and 16 foot
candles in the frontage road. The wattage of the luminaires should
be reduced to bring this level down to 10 foot candles in
accordance with Section 35-712 of the Zoning Ordinance (attached) .
Canopy lighting is to be recessed so that there should be no glare
emanating outward from beneath the canopy,
` The dumpster and screen are proposed at the southeast corner of the
building. The dumpster should be placed on a concrete pad.
Materials for the trash enclosure have not been specified. We
would recommend a masonry enclosure consistent with the building
exterior treatment.
Special Use Standards
Service stations and car washes are special uses in the C2 zoning
district. As such, they are subject to the standards contained in
Section 35-220.2 of the Zoning Ordinance (attached) . Standard (a)
of that section is fairly general regarding promoting the general
public welfare. Gas stations do pose potential hazards to public
health and safety. However, so long as the station complies with
all state and local regulations, these hazards should be minimized.
The second standard regarding impact on other developed property in
the neighborhood has been a concern of local residents. In this
regard, the screening treatment along the east side of the proposed
3-29-90 -4-
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Application No. 89012 continued
site is critical. We strongly recommend a quality screening
treatment consisting of a masonry wall in combination with generous
landscaping, including overstory trees. Standard (c) regarding
normal and orderly development of surrounding property relates, in
this case, primarily to the vacant C1 parcel (proposed zoning) to
the east. The development of the service station takes up an
amount of land which will make development of the easterly parcel
somewhat difficult. We have requested a concept plan from the
property owner to verify that an office development on the easterly
parcel, is in fact, possible. We expect such a plan to be
available for Thursday's meeting. The property owner's architect
has also submitted a retrofit plan which assumes the building in
the proposed location, but with the frontage road vacated and a new
access road lying to the east. The retrofit plan shows that the
proposed location of the building and pumps is workable if a land
trade does occur and the recommended roadway and buffer are
installed.
Standard (d) regarding the design of ingress, egress and parking to
minimize traffic congestion in the public streets is always an
important consideration with special uses. The placement of the
pumps at the south end of the site will tend to provide a good
amount of stacking space for cars entering and exiting 66th Avenue
North. Some of this stacking may occur in the Highway 252 frontage
road which is a marginal access public street. As indicated above,
this area may not always be a public street. Another concern
regarding the functioning of the public streets is the possibility
of water draining off cars from the car wash and turning to ice
both on site and in 66th Avenue North. We believe a necessary
condition of approval of this application is to make the applicant
responsible for any sanding or salting in the public street (66th)
which is necessitated as a result of the functioning of the car
wash. Absent such maintenance by Fina, the car wash should be shut
down until the situation is rectified.
Recommendation
Altogether, we believe the application is close to being in order
and approval can be contemplated, given at least the following
conditions:
1. The special use permit is granted only for a gas
station/convenience store/car wash as specified on the
proposed plans. The use may not be altered or expanded
in any way without first securing an amendment to this
special use permit.
2. The special use permit is subject to all applicable
codes, ordinances and regulations. Any violation thereof
shall be grounds for revocation.
3-29-90 -5-
Application No. 89012 continued
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 issuance of permits.
6. Any outside trash disposal facilities and rooftop
mechanical equipment shall be appropriately screened from
view. A masonry trash enclosure is required.
7. The building is to be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be
connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
8. An underground irrigation system shall be installed in
all landscaped areas to facilitate site maintenance.
9. Plan approval is exclusive of all signery which is
subject to Chapter 34 of the City Ordinances.
10. B612 curb and gutter shall be provided around all parking
and driving areas.
11. The applicant shall submit an as-built survey of the
property, improvements and utility service lines, prior
to release of the performance guarantees.
12 . 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.
13 . The applicant shall be responsible for treating the
effects of water draining off cars exiting the car wash,
including sanding and salting the intersection of the
easterly access drive with 66th Avenue North when
necessary. If unsafe conditions exist in driveways or
public streets, the operation of the car wash shall cease
until proper maintenance of paved areas is accomplished.
14. The replat of the property shall receive final approval
and be filed at the County prior to issuance of building
permits.
3-29-90 -6-
Application No. 89012 continued
15. The plans shall be revised prior to consideration by the
City Council to indicate the following:
(a) A minimum 24 ' wide driving lane between rows of
parking stalls north of the proposed building.
(b) Handicapped spaces shall each be a minimum of 12 '
in width and shall be properly signed.
(c) The landscape plan shall be revised to indicate at
least six (6) overstory (shade) trees immediately
east of the building. The point table shall also
be revised.
(d) A masonry wall at least 6' in height rather than a
wood fence, treated to match the building exterior.
(e) The sidewalks north and west of the building shall
be widened to at least 8 ' to accommodate
pedestrians as well as storage of merchandise.
(f) The lighting plan shall be revised to indicate no
more than 250 watt luminaires on the 16' high light
poles and not more than 10 foot candles of light
intensity at the property lines.
(g) The light fixture at the southeast corner of the
site shall be re-oriented to shine toward the west
rather than the south.
16. Traffic control signs shall be installed as required by
the Director of Public Works.
17. Fire hydrants and fire lanes shall be provided as
required by the Fire Chief.
3-29-90 -7-
ti
35-704
C. Hospitals:
One space for every two beds plus one space for every two employees
and one space for each staff doctor.
d. Uses not covered by this list:
Spaces as required for the most similar use as determined by the
City Council.
Section 35-710 SURFACING, DRAINAGE AND CURBING. In all districts, other
than R1 and R2, all open off-street driving and parking areas shall be
improved with a minimum of two inches of hot mixed paver laid bituminous
mat, or a comparable concrete slab, placed over a well compacted subgrade
and gravel base. The base gravel shall conform to the Minnesota Highway
Department specifications for Class 5 gravel.
In other than R1 and R2 districts, drainage plans shall be submitted to and
approved by the City Engineer; drainage shall be discouraged across
sidewalks or driveways. The perimeters of all driving and parking areas
shall be bounded by cast in place concrete curb and gutter which conforms
with the Minnesota Highway Department Type "B-612". Other shapes of
concrete curb and gutter may be permitted providing the design provides an
equal cross-sectional area and is approved in writing by the City Engineer.
The concrete used for curbing shall conform to the current City
specifications.
Section 35-711 PARKING LOT SCREENING. All-open off-street parking areas
having more than six parking spaces and all off-street loading And unloading
spaces shall be effectively screened from any abutting residential lots by a
solid wall or opaque fence six feet high, or by such other device as may be
approved by the City Council. The screening device shall not extend within 10
feet of any street right-of-way. Such off-street parking and loading areas
within any yards which abuts along a street which is residentially zoned on the
side opposite shall be screened from street view by a screening device as
approved by the City Council. See Section 35-400 for limitation on the size of
such screening devices.
Section 35-712- LIGHTING. All exterior lighting shall be provided with
lenses, reflectors, or shades, so as to concentrate illumination on the property
of the owner or operator of said illumination devices. Rays of light shall not
pass beyond the property lines of the premises utilizing such illumination at an
intensity greater than three footcandles measured at property lines abutting
residentially zoned property, or 10 footcandles measured at property lines
abutting street right-of-way or nonresidentially zoned property. No glare shall
emanate from or be visible beyond the boundaries of the illuminated premises.
"String lighting" as defined in Section 35-900 is specifically prohibited.
t _
35-220
0 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 public 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 ordinance. 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 connection 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.
t
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35-220
y
5. Revocation and Extension of Special Use Permits
When a special use permit has been issued ursuant to the
p provisions 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 subject 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 in an amount as
set forth by the City Council resolution.
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 subject
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 related
thereto shall expire one year following the date of abandonment.
Section 35-230, PLAN APPROVAL. It is declared to be the policy of the
City to preserve and promote an attractive, stable residential and business
environment for its citizens through encouraging well conceived, high quality
developments. To this end, imaginative architectural concepts shall be employed
in the design of buildings and in the development of respective sites. In this
regard, every person, before commencing the construction or major alteration of
a structure, except one and two family dwellings and buildings accessory
thereto, shall make application for plan approval from the City Council. Plan
approval may be required in conjunction with special use permit consideration.
The following rules shall govern applications for plan approval.
1. Procedures
a. A "Plan Approval" application shall be initiated by the owner of
subject property or by his authorized agent. The applicant shall
fill out and submit to the Secretary of the Planning Commission a
"Plan Approval" application, copies of which are available at the
municipal offices, together with a fee in an amount as set forth by
City Council resolution. The application shall be filed with the
Secretary of the Planning Commission at least fourteen (14) days
prior to the next regular meeting of the Planning Commission.
b. The Secretary of the Planning Commission shall refer the matter to
the Planning Commission by placing the application upon the agenda
of the Commission's next regular meeting; provided, however, that
the Secretary may, with the approval of the Chairman of the
Commission, place the application on the agenda for a special
meeting of the Planning Commission.
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Planning Commission Information Sheet
Application No. 90005
Applicant. Brooklyn Center EDA
Location: 6105 Earle Brown Drive. etc. (Earle Brown Farm)
Request: Sign variance
The applicant requests approval of a variance from the Sign
Ordinance to erect a number of signs for the Earle Brown Heritage
Center, some of which comply with the ordinance and some of which
will not, without a variance. The property in question is
currently zoned I-1 and is bounded on the north and east by Earle
Brown Drive, on the south by the Earle Brown Commons senior housing
development and on the west by Brookdale Corporate Center III and
vacant I-1 zoned land.
The proposed signs include the following:
- A 6 ' x 16' (96 sq. ft. ) freestanding identification sign for
the Earle Brown Heritage Center to be placed east Hippodrome
near the middle entrance off Earle Brown Drive. This sign
will be placed partially in the right-of-way. Ultimately 10'
of right-of-way will be vacated from each side of Earle Brown
Drive. An interim variance is required to allow the sign
within the right-of-way temporarily.
- A 3 ' x 616" freestanding, off-site directional sign for the
Earle Brown Heritage Center, the Inn of the Farm, and Earle
Brown Commons to be located at the entrance to the Commons and
Brookdale Corporate Center III off Summit Drive. The variance
is for an off-site sign. Also, the sign slightly exceeds the
limit of 16 sq. ft. for a directional sign.
- Five 18" x 18" wall-mounted building identification signs.
These require no variance.
- One 18" x 36" Inn on the Farm identification sign hanging from
the canopy over the drive-up in front of the inn. The
variance here is because the sign hangs below the canopy face
rather than on it.
- One sign reading "Brooklyn Farm" on the entry gate to the
Farm. The only variance here, if there is one, is for a
second freestanding identification sign. The Farm is entitled
to only one freestanding sign. This sign, if it is classified
as an identification sign exceeds that limit.
- Two signs of undetermined size on the water tower with the
logo of the Earle Brown Heritage Center on each side. The
variance here again is that these signs are additional
freestanding identification signs.
- The building information sign for the "D" Barn may also be a
variance since it will amount to tenant identification signery
on a multi-storey office building. However, the fact that it
3-29-90 -1-
Application No. 90005 continued
is a single sign of limited size may allow it to be considered
some sort of collective identification sign.
It should be stressed that the Earle Brown Heritage Center is
registered as a historic site by the Minnesota Historical Society.
In 1981, the City recognized this fact in its approval of
application 81041. Part of that approval was an acknowledgment
that variances would be justifiable in order to bring about the
viable re-use of the Farm site. The signery proposed for the
Heritage Center, while it would involve a number of technical
variances, is not really excessive. The size of the signs is far
below what would be allowed by the Sign Ordinance. The signs are
also quite tasteful and in keeping with the historical character of
the Farm site. While it is impossible to legislate good taste, the
City can achieve quality signery through approval of a total sign
package.
In 1981, the City Council recognized the special status of the
Earle Brown Farm in adopting condition No. 5 of its approval of
application No. 81041 as follows:
115. That the City Council acknowledges through this site plan
approval a special zoning status for the land within the
Minnesota Historic Site (see Condition No. 4) whereby
development and use of the existing Earle Brown Farm
buildings shall be based on City Council approval only.
• The grounds required for variances from City ordinance
requirements shall be City Council acceptance of a
development plan and the preservation of the Earle Brown
Farm structures. "
This condition was adopted some years before the City negotiated a
purchase of the Earle Brown Farm. The motivation behind the
condition was, therefore, not to save money, but to enhance the
prospect or re-use of the Farm buildings and thereby preservation
of the historic site.
There is also precedent for granting variances for off-site
directional signs provides those signs are at accesses which serve
the site of the principal use named on the sign. There is also
precedent for granting an interim variance based on the future
location of right-of-way. The additional identification signery is
not excessive and seems to be reasonable in the form in which it is
proposed. The Brooklyn Farm sign over the gate entry way is really
a historic artifact since it was on the original gate until
recently reconstructed. The sign on the water tower is important
because the water tower is considered a key focal point for the
Farm by people traveling in the area.
Approval of the variance package is recommended in lieu of the
following:
• 1. The Earle Brown Farm site is a unique historic resource
for the community and merits special consideration in
3-29-90 , -2-
Application No. 90005 continued
lieu of the City Council's action on application No.
81041 (condition #5) .
2. The proposed signery conveys necessary visual
communication and is not excessive or distasteful as it
relates to the historic character of the Earle Brown Farm
site.
3. The granting of the variance will not be detrimental to
the public welfare or injurious to other property or
improvements in the neighborhood.
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