HomeMy WebLinkAbout1984 12-06 PCP Planning Commission Information Sheet
Application No. 84037
Applicant: Thomas P. Ralph
Location: 5331 63rd Avenue North
Request: Preliminary Plat
The applicant requests preliminary plat approval to subdivide and combine
into two lots the lot at the southeast corner of 63rd Avenue North and
Unity Avenue North and an outlot immediately to the east. The property
in question is zoned RI and is bounded by Unity Avenue North on the west,
by 63rd Avenue North on the north, and by single-family homes on the east
and south. The corner lot is an oversized lot and the outlot is substandard
and unbuildable by definition as an outlot. A request for a variance to
build on the outlot under Application No. 77022 was denied by the City
Council . Attempts to combine the outlot with land from the corner lot
have failed until now, following purchase of the outlot by the owner of
the corner lot, Mr. Craig Weitzel .
The existing corner lot at 63rd and Unity (153' x 157' ) has a metes and
bounds legal description. The outlot (45' x 135 ) is described as Outlot
1 , Bergstrom's Lynside Manor 3rd Addition. The proposed legal description
is Lot 1 and Lot 2 of Block 1 , Corner Addition. Lot 1 is to be 112.94'
along 63rd by 157.93' along Unity for a total area of 17,751 sq. ft. Lot
2 is to be 85' along 63rd Avenue North and of varied depth: the easterly
45' being 135' in depth, the westerly 40' being 158' in depth, for a total
lot area of 12,418 sq. ft.
There is presently a 30' wide access easement over the easterly 30' of
the existing corner lot. This is not a City easement and appears to be
unnecesary since all adjacent lots have access via public streets. This
easement now exists on the westerly portion of the proposed Lot 2. The
easement should be vacated for the benefit of Lot 2 although it does not
make the property unbuildable. No utility stubs have been extended to
the new Lot 2. Final plat approval should be subject to the applicant
entering into an agreement for the payment of the utility hookup charges.
In general , the 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.
3. An agreement for the payment of utility hookup charges for water
and sewer shall be entered into prior to final plat approval .
4. The preliminary plat shall be modified to show the location of
a non-public access easement over proposed Lot 2.
5. Building permits for the proposed Lot 2 shall not be issued until
the final plat has been approved by the City Council -and filed with
the County.
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Planning Commission Information Sheet
Application No. 84038
Applicant: Brian Cook
Location: 6806 Brooklyn Boulevard
Request: Site and Building Plan/ Special Use
The applicant requests site and building plan and special use permit approval
to construct a rapid auto lubrication facility south of the Car-X Muffler Shop
at 6806 Brooklyn Boulevard. The property in .question is C2 and is bounded by Brooklyn
Boulevard on the west, by Big Wheel Auto Parts store on the north, and by Northstar
Dodge on the east and south. A rapid Tube facility is a special use in the C2
zoning district which may not abut RI , R2 or R3 zoned property, either at a property
line or a street line. No such abutment exists in this case.
The proposed rapid tube facility would have two service bays and would share a
common access off Brooklyn Boulevard. The proposed plan shows a 32' wide driveway.
However, this should be limited to the maximum allowed by the ordinance, which
is 30' . The combined parking requirement for the muffler shop and the rapid Tube
facility is 33 cars, 22 for the muffler shop and 11 for the rapid lube. This
is based on the ordinance parking formula for repair garages of three spaces per
service bay plus one space per day shift employee, plus two spaces for service
vehicles. The plan provides for 35 stalls on the entire site, an excess of two
stalls. It should be noted that the parking spaces provided would not support
a reuse of the buildings by a retail operation, though an office use of the struc-
tures could be accommodated.
The landscape plan is unchanged from that approved under Application' No. 81023
for the original Car-X Muffler Shop development. The plan notes the existence
of some shrubs and a Russian Olive tree in the front greenstrip adjacent to Brooklyn
Boulevard. It also calls for the removal of two larger existing trees toward
the southeast corner of the site. It is recommended, in light of the slight surplus
of parking that the 14" tree at the southeast corner of the site be retained.
It is also recommended that the landscaped areas immediately adjacent to the building
be provided with shrubs and at least one shade or decorative tree south of the
building. Sod and underground irrigation are to be provided in perimeter green
areas.
The grading and drainage plan calls for runoff to drain toward two existing catch
basins located along the approximate centerline of the site perpendicular to Brooklyn
Boulevard. It is recommended by the City Engineer that the westerly catch basin
be raised since it is rather low. Concrete curb and gutter is indicated around
all parking and driving areas. An agreement to pay utility hookup charges for
utility connections to the rapid Tube facility must be entered into prior to issuance
of building permits.
The building itself is to have two service bays, an office, restroom and waiting
room on ground level . A basement for storage and mechanical equipment will also
be built. The floor area of the building, counting the basement, is 2,494 sq.
ft. A building of this size is to be equipped with an automatic fire extingushing
system. None has been noted on the plans, but staff feel that, especially in light
of the materials involved in this business, that the building should be fire sprink-
lered. The building exterior is to be bonded face brick identical in color to
the Car-X Muffler Shop. A trash container screening device is indicated at the
southeast corner of the building.
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Application No. 84038 continued
Freestanding signery for the Rapid Lube must be incorporated into the single free-
standing sign for the site. The additional building space will entitle the applicar>t
to a larger freestanding sign. Wall signs up to 30% of any wall area, of course,
are also permitted.
With regard to the Standards for a Special Use Permit contained in Section 35-
220(attached) , staff feel that the fire sprinkling of the building is an important
requirement for this development to pose no more than an acceptable safety risk
to the general public or surrounding property. With regard to traffic congestion,
it is felt that the proposed rapid lube operation would not involve an unacceptable
level of traffic onto and off of the site. As the Commission may recall , a
request for a special use permit for a car wash on this property was denied under
Application No. 83006 on the grounds that the peak hour traffic volumes would
pose an unacceptable risk to safety and general traffic congestion. Cars will
enter along the center of the site; turn right at the easterly end of the property
and can stack for a distance of about 90' before reaching the building. It is
not anticipated that traffic associated with this use will cause congestion on
or off the site.
In general , the plans appear to be in order and approval is recommended, subject
to at least the following conditions:
1 . Building plans are subject to review and approval by the Building Official
with respect to applicable codes prior 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. A site performance agreement and supporting financial guarantee (in an
amount to be determined by the City Manager) shall be submitted prior
to the issuance of permits to assure completion of approved site improvements.
4. Any outside trash disposal facilities and rooftop mechanical equipment
shall be appropriately screened from view.
5. 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.
6. An underground irrigation system shall be installed in all landscaped
areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter
34 of the City Ordinances.
8. B612 curb and gutter shall be provided around all parking and driving
areas.
9. The plan shall be modified to show a driveway opening of not more than
30' in width.
10. The landscape plan shall be revised to provide additional landscaping
in the form of shrubs and a decorative or shade tree in the landscaped
area to the north and south of the rapid Tube facility and to retain the
14" diameter tree at the southeast corner of the site.
11. The special use permit is subject to all applicable codes, ordinances
and regulations and any violation thereof shall be grounds for revocation.
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Planning Commission Information Sheet
Application No. 84039
Applicant: New Horizon Day Care Centers
Location: 6000 Earle Brown Drive
Request: Determination
The applicant requests that the City Council determine that day care centers
in the C2 zoning district are a permitted use by virtue of being similar in
nature to other uses specifically listed. as permitted uses in the C2 zoning
district (See Section 35-322 attached) . Section 35-322 Subsection 1j . of the
Zoning Ordinance acknowledges as permitted uses: "Other uses similar in nature
to the aforementioned uses, as determined by the City Council ." Since day care
centers are not expressly listed as a permitted use in the C2 zoning district,
the applicant requests that a determination be made that it is "similar in
nature" to expressly permitted uses. New Horizon wishes to open up a day care
facility in a portion of the Park-Nicollet Med-Center building (formerly Toy
City) at 6000 Earle Brown Drive. The property in question is zoned C2 and
is bounded on the west by Summit Drive, on the north by Earle Brown Drive,
on the east by vacant C2 zoned land, and on the south-southeast by Highway
100.
The applicant's representative, Mr. William Dunkley, has submitted a letter
(attached) in which he argues basically that the day care center is in fact
a school and is, therefore, an educational use which is expressly permitted
in the C2 zoning district under Section 35-322 Subsection 1h. In fact, Mr.
Dunkley refers to the operation as a school throughout hisletter. He points
out on page 2 that Department of Public Welfare Rule 3, page 6(q) states:
"The name 'school ' may be used only by programs having a minimum of one teacher
certified by the Minnesota State Department of Education. One certified nursery
school teacher must be present during the major part of the program for every
20 children. "
Mr. Dunkley explains that the facility at 6000 Earle Brown Drive would consist
of approximately 5,600 sq. ft. of building space and an enclosed outdoor play
area. It would serve 115 children age 6 months to 12 years. Hours would be 6:30
a.m. to 6:30 p.m., Monday through Friday, except legal holidays. But, the letter
nowhere states that there will be six nursery school teachers present during
the "major part" (6 or more hours?) of the program. Mr. Dunkley ,gas submitted same
correspondence with the Cities of Roseville and Mound (attached) , but has not
submitted a letter from the State regarding the status of New Horizon Enterprises
(the company? a location?) as a school . Staff are, therefore, at a loss to
know whether the proposed facility is considered a school by the State or not.
We would also point out that the example provided in Mound is for an operation
to be located in a former prepschool in a residential district. This is certainly
a different situation than the present case in a commercial zoning district.
The letter to the Roseville City Manager is for a commercial location; however,
Roseville had to amend its Zoning Ordinance to accommodate the "child care
facility" in the B2 (General Commerce) district.
Mr. . Dunkley concludes his letter by discussing three important aspects of the
operation: traffic, the playground area , and safety. Regarding traffic,
he notes that the clinic is open from 8:30 a .m. to 5:00 p.m. Most day care
traffic would occur before or after these hours. Regarding the outdoor play-
ground area (a converted area of the parking lot west of the building) , Mr.
Dunkley states that the existing opaque fence on top of the berm adjacent to
Earle Brown ['rivla would remain and that the playground would be fenced off
from the parking lot with chain link fence with or without metal slats. (Staff feel
that a playground area for young children should have as residential an atmosphere
as possible and would prefer an opaque wood fence around the play area rather
than a chain link fence. )
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Application No. 84039 continued
Finally, Mr. Dunkley notes that there will be separate entrances and exits
for both "sick care" and "well care" and an exit to the outside playground.
The fenced playground would have a gate at one end, "away from the structure
and away from all parking facilities. Staff are unable to determine where
this is. A gate on the north side of the playground would lead to an area
between a fence and the building. A gate on the south side of the playground
would lead to the parking lot and immediately to an access drive where cars
enter and leave the site.
Staff are not opposed to the existence of day care facilities in commercial
zones, but are frankly skeptical that such uses should be comprehended under
the rubric of "educational uses. " In this case we feel that the proposed facility
is a day care or child care facility, not a school , and should be listed as
such. The C1 zoning district allows as a permitted use under Section 35-320
Subsection la: "Nursing care homes, maternity care homes, child care homes,
boarding care homes, provided, however, that such institutions shaTT . . . be
licensed by the appropriate state or municipal authority. " (emphasis added)
It seems to us that this category may be more appropriate to comprehend day
care facilities. However, this category of uses was specifically excluded
from the list of Cl uses allowed in the C2 zoning district. The term "day
care" is only used in the City 's Zoning Ordinance in association with home
occupations. New Horizon has two day care centers in Brooklyn Center located
in churches in the R1 zone by special use permit. From this history, we feel
that day care centers are primarily a residential use which should only be
allowed in commercial zoning districts if certain conditions are met; ie. it
should be considered a special use in commercial districts if permitted at
all . This would require an amendment to the Zoning Ordinance.
A further concern, if day care centers were allowed by special use permit,
is over appropriate recreational space. It is our opinion that children, especial-
ly those over age 3, have a definite need to be outside and play periodically.
They should not be warehoused in an office building, but should have ready
access to recreation space that is, in all appearances, residential . The con-
version of a parking area to a playground, if done sensitively, might accomplish
this. The difficulty is in writing such residential requirements into a commerc-
ial classification. This difficulty may be the reason for the absence of child
care centers from the list of permitted or special uses in the C2 zoning district
in the first place.
If the Planning Commission feels that day care centers can be comprehended
in the C2 zoning district, staff recommend that an ordinance amendment be devel-
oped and brought back for eventual adoption. We recommend, in the interim,
that the request for a determination that day care centers are similar in nature
to permitted C2 uses be denied or tabled pending the drafting of an ordinance
amendment. However, if the Commission feels these facilities are truly "similar
in nature" to educational uses, such a determination can be recommended.
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