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Home My WebLink About1980 11-20 PCP PLANNING COMMISSION AGLENDA STUDY SESSION NOVEMBER 20, 1980 1 . Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes: October 23, 1980 4. Chairman'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. A.F.I.A. Associates 80033 Request for a Variance from the Sign Ordinance to allow a 25 so. ft. real estate sign on the building located at 5901 John Martin Drive, -rather than the 5 sq. ft. presently allowed. 6. Ordinance A,Tiendment An ordinance amendment has been drafted to revise Section 34-140:2 b, 1 and 34-140:3D of the Sign Ordinance. 7. Mletropolitan Salad and Produce 60047 Request for a special use permit to sell produce direc-Itly to the public in an industrial district at 6840 Shingle Creek Parkway. 8. Other Business 9. Discussion Items 10. Adjournment c Y Planning Commission Information Sheet Application No. 80033 Applicant: A.F.I.A. Associates Location: 5901 John Martin Drive Request: Variance The applicant has submitted a request for a variance from Section 34-140:2, 1 (4) of the Sign Ordinance to allow a 25 sq. ft. wall sign for real estate purposes rather than the 5 sq. ft. maximum permitted by the Sign Ordinance. The application was considered and tabled by the Planning Commission at its September 11 and October 23, 1980 meetings . The Commission is referred to the minutes and the staff report for that meeting for a discussion of the merits of the variance. Since the tabling of the application, the staff have developed and the Commission has refined the attached ordinance amendment. RECOMMENDATION It is recommended that the Planning Commission, by motion, recommend denial of Application No. 80033 on the grounds that the Standards for Variances are not met. It is also recommended that the Commission take action to recommend adoption of the proposed ordinance amendment. We will be prepared to review the ordinance in more detail and answer questions at Thursday everti ng's meeting. 11-20-80 c CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 34 REGARDING DIRECTIONAL SIGNS: CERTAIN REAL ESTATE SIGNS: AND IDENTIFICATION SIGNS, FOR CHURCHES, SYNAGOGUES AND TEMPLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 34--140, Subdivision 2. Permitted Signs Not Requiring a Permit. b. Wall and freestanding site, pedestrian, vehicular-traffic, [and] parking [directional signs as appropriate] and other apopriate types of directional signs as roved by the Zoning Official , provided such signs a app re less than [thirty-six 3� ] �i>cteen(16) square feet in area, and have a height no greater than 15 feet or ground floor height, whichever is less. 1 . Real estate signs as follows: (3) Tempor� wall signs for the purpose of leasing or selling dwelling units in buildings containing two (2) or more units provided such signs shall be [limited to] no greater than [five (5)] _ • square fee in area and to one such sign per building. Such signs area permitted o.jy when a vacanc,� exists. (4) Temporary signs for the purpose of leasing or selling portions of commercial or industrial buildings, such as offices or individual tenant areas , shall be limited JO [five (5)] _ square feet in area and to Qhe (1 ) such sign per [walla facing a .major thoroughfare] street abutment. ['Said signs shall be located no_ 'higher than, the ground floor in height.] Such signs are permitted only when a vac ncyexi sts . (5) B� i [di nc s enjLi tl ed to temporary rd wall signs as spec_ i_tied in Subsection 34-1,?( :2,1 T3) and j4 above may utilize up to 110 sc- ft. car d!'! of the area whichever is lesser) R an exisfinq freestanding identification sign in lieu of ail utner_real estate signs . Such sins are permitted only when a vacancy exists. Section 34-140,_-__^__Su[ v i sion 3. Permitted Signs Re ui ri ng a Permit. D. Public and Semi -Public Places (All Districts) (1 ) Churches, synagogues and temples may have the following signs: (a) One freestanding sign with the sign area not to exceed 36 square feet. The sign shall not extend mare than 16 feet above the ground level . There may Le a second such sign if the use abuts two or more streets , i ORDINANCE NO. , ( One wall sign not to exceed 36 square feet. • [b] (c) One wall sign immediately above or beside each public entrance to that part of the building which is used as a school and meets the requirements of the Minnesota Department of Education, or as a day care facility and is licensed by the Minnesota De artment of Public Welfare. The sign area shal not [to] exceed 10 square feet. Section 2, This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of lg Mayor ATTEST: .Date of Publication • Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) 11-20-30 CITY OF BROOKLYN CENTER ORDINANCE N0. A N ORDINANCE AMENDING CHAPTER 34 REGARDING DIRECTIONAL SIGNS: CERTAIN REAL ESTATE SIGNS: AND IDENTIFICATION SIGNS FOR CHURCHES, SYNAGOGUES AND TEMPLES THE CITY COUi`lCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 34-140, Subdivision 2. Permitted Signs Not Requiring a Permit. b. Wall and freestanding site, pedestrian, vehicular-traffic, [and] parking [directional signs as appropriate] and other a kr2p-ri ate types of directional signs as a��rove the Zonis Official , provided such signs are less than [thirty-six T36)] sixteen (16) square feet in area,. and have a height no c�r eater than I ' feet or round floor hci ht, whichever is less . 1 . Real Estate signs as follows: [13) Wall signs for the purpose of leasing or selling dwelling - uhiis in buildings containing two (2) or more units provided such signs shall .be limited.to five (5). square feet in area andto one (1 ) such sign per building.] [(a) Wall signs for the purpose of leasing portions of commercial or industrial buildings , such as offices or individual t:er;ar�t areas, shall be limited to five (5) square feet in area and to_one (1 ) such sign per wall facing a major thoroughfare. Said signs:. shall be .located no higher than the ground floor height.] (� Temporary signs for the purpose of leasing or selling dwelling units in bui l di ngs containing two (2 or more units and m rary signs 1-or tr,e purpose of leasing or sell i ng portions of commercial or ► dus tri a l buildincis , such as offices or i n- a1 vim;dua'[ tenant areas are permitted only when vacancies exist and are limited to .i-4-s-_€acirvq public streets . The size of sii nil l be deterwi red on the basis or wall area and Fstance fromp r:bl c ri '�t-of-way i n- .he fol l owi n , n;arner: (a) For buildings with a wall area of T4W sq. ft. or less acing Ubl is street, the maximuri size sian shall be 1_00 sq . ft. For buildings iith_over sq. ft. or wall---area-tacina a' pab�ac street, the maximum size s-i�cn �Fal1 be i6 sq. (b) Buildin ;s elir,ible for temporary real estate wall signs under Subsection - o steal f be e_nti Ll e� to_a_ s c SQ�°.-c rc,ater i n area i ' the bu i l d i na is over I00 ' fror.. . the r c+i t-of-�i —1 !�e Zn'a�10 area ter i f i he bui l c�i t is over 300 ' from the richt-cif-w,-Y line. 10-23-80 ORDINANCE NO. Buildings entitled to temporar wall signs as specified in Subsection 34-140:2 1 3 above may utilize up to 10 sq . ft. or 50;0 of the area whichever is less of an existing freestardi r g7 i deg ti fi cations nn i n 1 ieu of all other real estate sins . Section 34-140, Subdivision 3. Permitted Signs Requiring a Permit D. Public and Semi-Public Places (All Districts) (1) Churches, synagogues and temples may have the following signs: (a) One freestanding sign with the sign area not to exceed 36 square feet. The sign shall not extend more than 10 feet above the ground level . There may be a second such sign if the use abuts two or more streets. (b} Qne wall lion not to exceed 36 square feet. [b� cj One wall sign immediately above or beside each public entrance to that part of the building which is used as a school and meets the requirements of the Minnesota Department of Education, ar_as a day care facility and is licensed�_the Minnesota Department of Public Welfare . The sign_ shall not(tol exceed 10 square feet. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this � day of _ 19 Mayor FITTEST: Clerk Date of Publication Effective Date (Underline indicates new matter; brackets indicate matter to be deleted.) 10-23-80 PA PROPOSED ROADWAYS Fy PROPOSED BRIDGES GARDEN % CITY PARK j 0 zz S a 3 DRS v W 1-� ck W 4.1 P G G'y�I r r GRAND' PAR APPLICATION NO. -�> 80033 02% 2 ---—I— 58TH s y LT _�-- Ir "OAD 10 AVE . wl ij t �. Planning Commission Information Sheet Application No. 80047 Applicant: Metropolitan Salad and Produce/George Stubbs Location: 6840 Shingle Creek Parkway Request: Special Use Permit The applicant requests a special use permit to sell produce directly to customers on the site at which salads are prepared, the Spec IV Industrial Building at 6840 Shingle Creek Parkway. (We have understood the "produce" to be sold as processed food items rather than raw produce. ) "Retail sale of products manufactured, processed, or wholesaled on the use site" is a special use activity in the I-1 zone. . The site in question is bounded by 69th Avenue on the north, by the City Maintenance garage on the west, by Shingle Creek Parkway on the south, and by the Spec IV Industrial Building on the east. The applicant has submitted a letter (attached) providing certain information requested by staff, but no arguments regarding the Standards for a Special Use Permit (also attached) . However, the Commission may seek from the applicant whatever other information it deems necessary to evaluate the request for a permit. Briefly, the information provided includes: 1 . Hours of operation: 10 a.m. to 7 p.m. Tuesday-Friday 8 a.m. to 5 p.m. Saturday 2. No additional employees. 3. 130 customers (65 cars) per day anticipated. 4. Signery to be placed on walls (no signery visible from 69th Avenue North is permitted, as stipulated in Council Resolutions No. 74-169 and 77-67) . The primary concern of staff regarding this application is the perennial con- sideration: "what if everybody does it?" The site in question was designed primarily as an industrial facility, but with a substantial office component. There are 309 parking spaces provided on the site, 167 more than required by the industrial formula alone. The proposed retail activity would involve ap- proximately 2,600 sq. ft. , the retail parking formula for which is 23 spaces as opposed to 3 spaces under the industrial formula. The 20 stall difference should not crowd the available parking. The proposed use also raises other questions such as exit and S.A.C. require- ments based on a change in occupancy load. The Building Official has inspected the premises and the Sanitarian is expected to do so this week. Significant modifications will have to be made to the tenant space for it to meet code requirements for a permanent operation. The proposed use seems fairly limited in its effects. However, it would also seem unwise to extend a right to one industrial tenant which cannot be extended to all others. It is, therefore, recoirdnended that the Commission give special attention - if it is disposed to approve the application - to the hours and days of operation and to set a definite trial period to monitor the impacts 4k from this use. During the next three weeks, the retail operation will be conducted under the issuance of an Administrative Land Use Permit which alloys for promotions up to 20 days per year. Staff will use this time to assess the impact of retail sales on the site and report back to the Planning Commission if so desired. 11-20-80 -1- Application No. 80047 continued Approval of this application should be subject to at least the following conditions: 1 . The hours of op�tio pplies to sales only) shall be: 2. The permit is issued to the applicant as oporator of the facility and is nontransferable. 3. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 4. The permit is subject to the approval of the City Sanitarian with respect to food storage and handling facilities. W. The permit is subject to approval by the Building Official of all remodeling plans to make the space conform to commercial occupancy standards of the Uniform Building Code. �.� C'. ,^• � r { 11-20-80 -2-- �� i i Metropolitan Salad & Produce 6800 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55429 1-800-842-2637 560-1456 Special Use Request Fors 6840 Shingle Creek Parkway Brooklyn Center, Yinnesota 55430 - The following is a discription of proposed operations: 1. Hours of Operations Tuesday thru Friday 10 AM to 7 PM Saturday 8 AM to 5 PM 2. Additional Employees: At this time we feel that the personnel currently employed at our operations at 6800 Shingle Creek Parkway will be able to handle the total operations. Our current staff is twelve employees. 3. Anticipated Traffic Resulting From Sales: We feel at this time that there would be about 130 individuals visiting our facility each day and that at least two people will be in each car. This would mean a traffic flow of sixty-five cars over a nine hour period for a total of about 7 cars per hour. We feel this should not create a traffic problem. Adequate parking is provided in front of existing building and away fron any residential area. 4. Location and Description of How Sales Will Be Conducted: Sales will be conducted from the warehouse space located in leased spaces in building at 6840 Shingle Creekway. Sales will be primar- ily self service with minimum assistance to each buyer. Single weigh station and checkout facility will be the maximum service provided. Handicap access is through the front entrances. Aisles will be wide enough to accomodate persons with wheel chairs. There will not be any restrictions or safety hazard to the use of the facility to eit h"er l41J ,. handicapped or non-handicapped persons. p'�� Pv, ) g0 � � 5. The Products To Be Solds We will be offering >; g produce to customers at wholesale prices. ,�� , , •�;�� `` 6. Other Miscellaneous Information Pertinent To The Standards. Adherence to Brooklyn Center City codes will be strictly accomplished: = - Signage will be only painted/printed signs on the building. M4_ u.... i 2. Standards for Special Use Permits Y A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: t (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. .V; x Q0)) 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, l . - egress and parking so-designed as to minimize.traffic congestion a - in the public.streets.-.. (e) The special use shall, in all other respects, conform to the appli- cable regulations-of the district in which it.is located. 3. Conditions and Restrictions N 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 pro- tection 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 ^w. 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 #h.e date of i 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. Revocation and Extension of Special Use Permits - - When a special use permit has been issued pursuant.to the 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 ono year of the date the special use permit is 'granted, or unless before the expiration of the • M 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 i Permit" application requesting such extension and paying an additional fee of �..._.. .�_.R�Sts%nn• i �PARK/ . � Z G� cc ` J 70 r AV J 1 J 69 TH AVE CITY — 6840 MAINTENANCE BUILDING k .. ---- SHINGLE CFtE PARKWAY ? Application No. 80047 ak' OPEN SPACE `-6-7-7; IN y Q � X W W TO BE CLOSED co CENTRAL �. /i P'A'R K r` // . � • I I I I