HomeMy WebLinkAbout2001-013 Inf Sh 6110 Brooklyn Boulevard Application Filed on 5-18-01
City Council Action Should Be
Taken By 7-17-01 (60 Days)
Planning Commission Information Sheet
Application No. 2001-013
Applicant: Steven A. Wacha (American Legion Post 630)
Location: 6110 Brooklyn Boulevard
Request: Site and Building Plan/Special Use Permit
The applicant, Steven A. Wacha on behalf of Duoos Brothers American Legion Post 630, is seeking site and building plan approval and a special use permit to make modifications to and
to occupy the former Burger King building at 6110 Brooklyn Boulevard for an American Legion Club.
The property in question is zoned C-2 (Commerce) and is bounded on the north by C-1 zoned property containing a dental clinic; on the east by R-4 property containing townhomes; on the
south by the Que Viet Restaurant; and on the west by Brooklyn Boulevard with C-1 and PUD/C-2 zoned property on the opposite side of the street. The American Legion is classified in
the zoning ordinance under the category of “club rooms and lodges”. Such uses are special uses per Section 35-322, Subdivision 3j.
BACKGROUND
Duoos Brothers American Legion Post 630 was formerly located at 4307 70th Avenue North. This property was acquired by the City of Brooklyn Center EDA as part of the 69th and Brooklyn
Boulevard redevelopment project, which was approved under Planning Commission Application No. 2001-009. As a result, the Legion was forced to relocate. They have reached agreement
to acquire the former Burger King site and are now seeking a special use permit to occupy that building and site and building plan approval to make various modifications for the purpose
of operating the American Legion Club at this location.
Their plans are to modify the building by eliminating the drive up window and canopy formerly used by Burger King plus making some exterior modifications to the building. The City uses
opportunities such as the need for a special use permit or site and building plan review to assure that a site is in compliance with current requirements of the zoning ordinance. This
is being undertaken with this particular request.
ACCESS/PARKING
Access to the site will remain unchanged and consists of two driveway openings onto Brooklyn Boulevard. The traffic flow around the site is in a counter clockwise manner as it was for
the Burger King operation. The Legion Club has been advised that the south access point can only be used as an entrance with the north access point being used only for exiting the site.
Modifications to the flow of traffic around the building, or the desire to use both of these accesses for full traffic movement would require elimination of one of the access points
to provide an in and out access at a single location. Such modification would have a major impact on parking for the site.
The parking scheme will be that used by Burger King which includes 90 degree parking on either side of a concrete walk to the front of the building. Angled parking and a one-way drive
lane are provided along the south property line as well as the north property line. Elimination of the drive thru canopy and concrete delineator makes it possible for the Legion Club
to provide nine additional parking spaces along the north side of the site. Slight modification to a landscaped area will be made so as to accommodate this parking. The angled parking
shown meets the minimum requirements for stall depth, width and driveway width contained in the zoning ordinance.
Required parking for the building is based on the seating capacity of the bar and the seating capacity for a proposed meeting room used for induction ceremonies, general meetings and
small banquets. The capacity of the meeting room is 38 people. The bar capacity is 52 seats and there will be six employees at the maximum shift.
The parking requirement is based on a ratio of one parking stall for every two seats and employees in the bar area (29 spaces) and one parking space for every three seats in the meeting
room area (13 spaces). The plan shows a total of 50 parking spaces provided, 46 regular spaces and four handicap spaces. Forty-two parking spaces are required to meet the minimum requirements
of the zoning ordinance. There will, therefore, be eight surplus parking spaces on the site.
GRADING/DRAINAGE/UTILITIES
The applicant is proposing to make no changes with respect to grading, drainage and utilities on the site. The site is bound by curb and gutter and water and sanitary sewer services
are located in Brooklyn Boulevard and are connected to the existing building. The applicant will be resurfacing and patching various areas on the site where concrete pylons and the
drive thru canopy area will be removed. Also, a low spot on the easterly side of the building will be filled and repaired. The area of the site is 31,449 sq. ft. or .72 acres. This
plan does not require any Watershed Commission Review or comment. The City Engineer has received a copy of this plan but has indicated that he has few, or no, comments with respect
to the proposal.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This .72 acre site requires 80 landscape points. They have provided
a landscape analysis of existing landscaping on the site which comes to a total of 45.5 landscape points using the point system. They are proposing to add some additional landscaping
to the site to reach the minimum of 80 landscape points. Their plan calls for providing new shrubs in the island area between the two access drives and new decorative trees at the north
and south green strip areas on the site. The decorative trees proposed are Crabapple or Bradford Pear. Three new shade trees, Ginko Bilboa are proposed along the north green strip,
two at the center of the site and the other at the northeast corner. They plan to relocate three decorative trees located by the former drive up window and provide ten additional decorative
trees on the site. They also propose to retain as many shrubs that are located around the boundary of the property as possible and to add some additional shrubs to augment the existing
landscaping and to bring the site into compliance with the landscape point system.
BUILDING
The Legion Club proposes to make some modifications to the exterior of the building and has submitted building elevations indicating the changes to be made. They will retain many of
the store front type windows along the front or west elevation. They are proposing some new roof construction and plan to have a painted stucco on the upper portions of the building
with brick along the lower portion. They will fill in some windows with new stucco exterior to match the other stucco proposed. They plan to have the American Legion crest over the
front entrance to the building which will have a tile background.
The floor plan shows the meeting room and bar area, which will occupy the greatest portion of the building. They will be demolishing existing restrooms and making changes to meet codes
and to upgrade the restroom facilities. The former kitchen area will not be used at the present time and they will demolish or remove unused equipment and cap all utility lines in this
area. There is also an existing walk-in refrigerator cooler at the rear (east end) of the building that they intend to utilize.
LIGHTING/TRASH
The Legion plans to utilize existing lighting on the site, which includes six existing light poles around the perimeter of the property. They also propose to light the north and south
walls with wall sconces. Wall lights will be provided on the front to light up the entrance and sign area and two new, approximately 7 ft. high, light poles will be placed to the rear
of the building in the location of the trash enclosure to light the drive lane going around that portion of the building. They also plan to erect an American flag, which will be lit
with indirect lighting. It does not appear that the proposed lighting will be in conflict with the standards contained in the City’s Zoning Ordinance for lighting. All lighting should
be shaded or directed in such a way as to concentrate illumination on the site and not cause glare to adjoining properties.
The site contains an existing trash enclosure which is a stucco finish to match the existing exterior. It also contains solid opaque gates consistent with the requirements for screening
devices.
A masonry screen wall located along the east property line is in need of some minor repair, which should be done in conjunction with other improvements to the site.
SPECIAL USE PERMIT STANDARDS
The applicant has submitted a written explanation as to how they believe they meet the standards for special use permits contained in Section 35-220 of the City’s Zoning Ordinance (attached).
These standards require that the proposed special use permit will promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public;
not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development
of surrounding property; be designed so as to minmize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located.
Their written comments note the American Legion’s preamble states that as whole it will promote law and order and Americanism. They state that they are an organization dedicated to
serving its countrymen and community and that the Post will maintain the establishment according to the law of the governing parties as required. They also note that their use will
not damage the property but rather enhance the community. They note that the exterior of the building will be remodeled to better present itself, that signs will be tastefully done
and comply with the City’s code and additional landscaping will be added to further enhance the look of the property. They point out that little construction is being done to the existing
building. It will not gain excessive height as to impede the sight lines of neighbors. Additional parking will be added to meet the minimum requirements of the code as well as the
additional landscaping previously mentioned. They add that ingress and egress to the property has remained the same in a one way manner. Finally, the American Legion will conform to
the codes set forth in the district which they are located. They note that the American Legion has gone through the steps necessary with the governing agencies to assure that codes
will be met.
We would concur in general with the comments submitted by the Legion Club and we do believe that their proposal meets the standards for special use permits contained in the City’s Zoning
Ordinance. Their modifications to the building are certainly acceptable and their proposed use appears to be a good reuse of the existing building.
A public hearing has been scheduled with respect to the special use permit and notices have been sent to surrounding property owners.
I have received one call in response to the notices of public hearing sent to surrounding property owners. Bobbie Simons who owns 6109, 11, 13 Beard Avenue North, a multi-residential
building to the east of this site, is vehemently opposed to the location of the Legion Club at this site. She believes it is a totally inappropriate location for this use. She also
stated she would bring a class action suit against the City if this use is allowed. She wanted this information conveyed to the Planning Commission as she might not be able to attend
Thursday evening’s meeting.
RECOMMENDATION
We believe the plans are generally in order and approval is recommended subject to the following conditions:
The building plans are subject to review and approval by the Building Official with respect to applicable codes.
A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the
completion of site improvements.
Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view.
Plan approval is exclusive all signery which is subject to Chapter 34 of the City Ordinances.
The masonry screen wall on the east property line shall be repaired as part of the site improvements for this proposal.
A special use permit is granted for the American Legion to operate a Legion Club at 6110 Brooklyn Boulevard as indicated in this application. Any expansion or alteration of the use
not comprehended by the Zoning Ordinance nor by these approved plans, shall require an amendment to this special use permit.
The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation.
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