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HomeMy WebLinkAboutPC81062 - 10/22/81 - 3600 63rd AveCITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 81062 Please Print Clearly or Type Street Location of Property 3600 - 63rd Avenue North Legal Description of Property Tract A & B, RLS 807 - Tract B, R.L.S.817 Owner K-Mart Corporation (G. J.Jeschke) 3100 W. Big Beaver Road Phone No. Address Troy, Michigan 48084 Applicant Inter -City Oil Company of American Address 9500 Lyndale Avenue South - Bloomington 55420 Phone No. 888-4145 Type of Request: Rezoning Subdivision Approval Variance '_ Special Use Permit Description of Request: _ Site & Bldg. Plan Approval Other: To open and operate the existing gasoline station. The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. . / � I A Fee $ 15n_nn Receipt No. 56491 PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: �� �k Approved_ Denied following conditions: 19 subject to the rman ------------------------------------------- - - - - -- CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this C day of amendment: 19 , with the following P/I Form No. 18 (over please) erk CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. Please Print Clearly or Type Street Location of Property ��ODJ[ 1/J�I �L. Vp • 3�_111- /4V Legal Description of Property Owner -MY YL 4 O /� . Address Phone No. Applicant T - J 4 Coo e 1 C Address Al DA�6K j91AzW111Z7&; Phone No 4 e-fJ Type of Request: Rezoning Subdivision Approval Variance _ Site & Bldg. Plan Approval _ Special Use Permit Other: Description of Request 'Al The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. •l�.Q. �. Fee $ %mil%, G�� ppl i cants Signature Receipt No. ��� J� Date: / O J PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: Approved Denied this day of following conditions: CITY COUNCIL ACTION Dates of Council Consideration: 19 , subject to the Chairman Approved Denied this day of 19 , with the following amendment: Clerk P/I Form No. 18 (over please) 11 Planning Commission Information Sheet Application Nos. 80038, 80039 and 81062 Applicant: K-Mart Corp./Inter City Oil Co. Location: 3600 - 63rd Ave. N. Request: Special Use Permits Application Nos. 80038 and 81062 are combined in this information sheet since both are located at 3600 - 63rd Ave. N. and the site improvements affect both operations: the auto center and the detached gas station facility at the corner of 63rd and Brooklyn Boulevard. These applications were tabled at the September 10, 1981 Planning Commission meeting with direction that the plans be brought into conform- ance with recommendations of MN/DOT and of City staff. These changes relate primarily to the current middle access on Brooklyn Boulevard, the current middle access on 63rd Ave. N. and curbing in and around the parking lot itself. Staff and representatives of MN/DOT met with engineering personnel of K-Mart on October 1, 1981 to discuss a proposed plan. Changes to this plan of 63rd and Brooklyn Boulevard were also recommended and a final revised plan reflecting those recom- mendations has been submitted for review. Briefly, those changes include: 1. Channelization of ingress and egress lanes at the current middle access on Brooklyn Boulevard with a concrete median extending roughly 100' easterly from the Brooklyn Boulevard right-of-way. A traffic island at the west end of this median will direct outbound traffic to turn right onto Brooklyn Boulevard discouraging left turns out. A directional median opening in Brooklyn Boulevard is also proposed to allow left turns into the site while also dis- couraging the left turns out. 2. The current middle access on 63rd Ave. N. will be closed along with the two accesses at the corner of 63rd and Brooklyn Boulevard. A new 28' wide access meeting MN/DOT standards will be installed opposite the common entrance to the liquor store and fire station on the south side of 63rd Avenue North. 3. The removal of concrete islands north of the gas station and leading from the existing middle entrance on 63rd Ave. N. to the building. New concrete islands will be installed to delineate the new entrance drive to the building. Concrete islands will also be installed to delineate parking and driving areas between the gas station and the building. 4. Installation of B-612 curb and gutter along the north edge of the parking lot behind the building. 5. Removal of a concrete island and parking stalls in the vicinity of the proposed garden center. Pavement grades in this area will be altered to provide positive drainage away from the new garden center. 6. Existing conditions at the northwest corner of the site will remain. No development plan for this area is proposed as yet, though the parking available in this area represents an excess for the overall site. Development of this area for a separate use would require platting of a new lot if ownership is not to remain with K-Mart. The applicant has submitted no information 10-22-81 -1- -Application Nos. 80038, 80039 and 81062 continued indicating an intent to revise the proposed plat which places all property at the site into a single parcel. The Planning Commission is referred to a memorandum from the Assistant City Engineer for staff and MN/DOT comments on the proposed site plan. Landscaping for the site is unchanged from previous plans except that a large parking lot island north of the gas station is to be seeded under the proposed plan. Staff would recommend the island be covered with either a rock or wood chip mulch over poly and that at least one decorative tree and perhaps some shrubbery be planted in the island. With the changes outlined in this review, the latest revised plan meets City ordinance requirements and MN/DOT recommendations. Approval is, therefore, recommended subject to the following conditions: Site Plan Conditions (Application No. 80038) 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 to the maximum extent possible. 5. The garden center 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. B-612 curb and gutter shall be provided around all parking and driving areas. 9. Access revisions on Brooklyn Boulevard (State Highway 152) shall be subject to any conditions imposed under permit from MN/DOT. 10. The landscape plan shall be modified to indicate plantings (including at least one decorative tree) in rock or wood chip mulch on the major parking lot island immediately south of the current middle access to Brooklyn Boulevard. 10-22-81 -2- J Application Nos. 80038, 80039 and 81062 continued 11. The applicant acknowledges that if existing foliage screening along the property line with Garden City School should fail, it shall be the responsibility of K-Mart to install some other opaque screening device, not less than 6' in height. 12. The applicant shall provide a water shut-off valve for the water service leading to the gasoline service station. 13. Building permits for the new garden shop will not be issued until the new plat has been finaled and filed with the County. Auto Center Special Use Conditions (Application No. 80038) 1. The special use permit is issued to K-Mart as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof may be grounds for revocation. 3. The hours for providing service to vehicles shall be from 8:00 a.m. to 9:00 p.m., Monday through Friday and 10:00 a.m. to 6:00 p.m. Saturday. No service shall be performed on Sunday. Sales of automotive products shall be during the same hours as the rest of the K-Mart store. 4. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of the Special Use Permit to assure the completion of all site improvements comprehended under Application Nos. 80038, 80039 and 81062. Gasoline Service Station Conditions (Application No. 81062) 1. The special use permit is issued to Inter -City Oil Corporation as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations, and any violation thereof may be grounds for revocation. 3. The Planning Commission and City Council find that the pro- posed building plans for the service station with new canopy do not constitute an expansion of a nonconforming use and that no violation of Section 35-111 will occur with the completion of the project as planned. The Planning Com- mission and City Council also find that the canopy is an accessory structure to the main use, which is the service station. As such the value of the canopy shall not be included in determining substantial destruction of the property for the purpose of phasing out the service station as a nonconforming use. 4. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of the special use permit to assure the completion of all site improvements comprehended by Application Nos. 80038, 80039 and 81062. 10-22-81 -3- S :Application Nos. 80038, 80039 and 81062 continued Preliminary R.L.S. Conditions (Application No. 80039) 1. The final plat is subject to Chapter 15 of the City Ordinances. 2. The final plat is subject to approval by the City Engineer. 3. The plat shall be modified to provide roadway dedication on Beard Avenue prior to final plat approval. 4. The plat shall be modified to provide the necessary roadway dedication for a turn lane as comprehended by site plan approval of Application No. 80038. 10-22-81 -4- CITY OF C= ROOKLYN CENTER T0: Sy Knapp, Director of Public Works 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 '' on Warren, Director of Planning and Inspection F Z04: Jim Grube, Assistant City Engineer 91;__ DATE: October 19, 1981 RE: Proposed Modification to K-Mart Site TELEPHONE 561-5440 EMERGENCY -POLICE -FIRE 561-5720 Pursuant to receipt of the revised proposal for access and parking lot modifica- tions to the K-Mart site at 63rd Avenue North and Brooklyn Boulevard (T.H. 152),. I have met with representatives of MN/DQT, providing them an opportunity to review the proposal. MN/DOT sent the Developer a geometric layout of the proposed access at Brooklyn Boulevard on October 6, 1981, and the revised plan, submitted October 15, 1981, reflected the required changes. MN/DOT representatives are satisfied the recently revised plan is acceptable altt:ough the following points must be met and/or clari- fied: 1) Median within Brooklyn Boulevard shall be 4" thick (minimum) 2) B624 curb and gutter must be installed around the median perimeter within Brooklyn Boulevard 3) It will be the Developer's responsibility to insure proper drainage of Brooklyn Boulevard upon modification of the median installation 4) "Do Not Enter" signs, not shown on the plans, must be installed in the median as directed by MN/DOT 5) All constriction within the Brooklyn Boulevard right-of-way is subject to MN/bOT jurisdiction, and applicable permits must be taken out. The listed points were considered to be minor technicalities by MN/DOT , but the Developer will be required to meet them under the provisions of the MN/DOT con- struction permit. Noted in the in-house review was the fact the main -access relocation on 63rd Avenue provided for removal of a bus turn -out. 1he turn-out,was previously constructed by the City of Brooklyn Center and was utilized by the MTC (a bench still remains). I have contacted a representative of the MTC concerning the present status of bus routes along 63rd Avenue and have been informed that there are no active routes along 63rd Avenue east of Brooklyn Boulevard. Accordingly, the turn -out may be removed as comprehended under the proposal. It is evident the Developer proposes only minor changes in the modification of the parking lot (i.e., minimal overlay to affect drainage). In this case, use of inte- gral curb/,nedian irwy be acceptable as it provides uniformity with existing conditions. Perimeter curb and gutter .installation is required to provide uniformity with exist- ing perimeter conditions. „? e Nau oty •• cb Planning Commission Information Sheet Application Nos. 81062, 80038, 80039 Applicant: Inter City Oil Company, K-Mart Location: 3600-63rd Avenue North Request: Special Use Permit/Site and Building Plan The applicant requests site and building plan and special use permit approval to make various site improvements and to operate the gas station and the auto center at 3600-63rd Avenue North. Application No. 80038 has been tabled by the City Council at the request of K-Mart since November, 1980 and the revised site im- provements amend that application for the Planning Commission's review. Appli- cation No. 80039 was a preliminary R. L. S. to combine all the K-Mart property into a single tract. This application was also tabled by the City Council at the request of K-Mart. The site in question, now owned by K-Mart Corporation, is surrounded by Garden City School and multiple -family dwellings to the north, by Beard Avenue North on the east, 63rd Avenue North on the south and Brooklyn Boulevard to the west. Single-family dwellings are located across all streets surrounding the site. Therefore, the gas station (along with the auto center) is a nonconforming use since gas stations may not abut R1, R2 or R3 property, either at a property line or a street line. (Section 35-322:3 attached). Nonconforming uses may not expand, be moved to a different location on the parcel, or undergo structural alterations, except for those required by ordi- nance or building and fire codes (Section 35-111 attached). Nonstructural re- modeling and maintenance of nonconforming uses is permitted. Inter City Oil Company proposes to replace the existing canopy with an improved Steel King structure which is 18' in height, approximately 8' higher than the existing canopy. The new canopy would have a 4' high mansard treatment consistent around the entire flat roof. The new canopy is to be over 60' in length and over 30' in width. Dimensions for the existing canopy have not been provided. However, the new canopy would be somewhat larger. The Planning Commission must find that the proposed canopy is consistent with the provisions of Section 35-111 in conjunction with any recommendation for approval. The main building itself is not being altered or enlarged, but will be painted and cleaned. The pump islands accessory to the service station will be lengthened from 17' to approximately 28' to improve stacking efficiency. No pumps will be added. Existing gas tanks will be tested for leaks prior to refilling. Gasoline, cigarettes, and oil by the quart will be the only items sold at the station. Site lighting would be provided by lights built into the canopy. Site Revisions K-Mart Corporation proposes to close the two westerly entrances on 63rd Avenue North and the southerly access on Brooklyn Boulevard. A new entrance along 63rd Avenue North is proposed between the two existing driveways which will be removed. The middle access along Brooklyn Boulevard would be shifted to a 900 angle with the street. Staff recommend the access changes proposed, with modification to the middle access on Brooklyn Boulevard. That access should be moved southward by 20' to 30' to eliminate left turns in and out of the access (this is because of the median in Brooklyn Boulevard). Staff also recommend that traffic movements inside the lot be controlled either by providing a median within the driving lane leading to the entrance or by adding concrete delineation along the south side of the entrance drive -up to the building wall line. A right turn deceler- ation lane serving this access is also recommended, but may not be necessary if MNOOT accepts the provision of a median as adequate for traffic control. MNDOT comments have been solicited, but not yet received. 8-27-81 -1- Application No. 81062, 80038, 80039 continued K-Mart also proposes to eliminate a number of concrete islands on the westerly portion of the site and to designate new driving lanes with parking lot striping. The City Engineer finds this arrangement unacceptable and recommends that all main driving lanes be designated by concrete islands. K-Mart also has submitted a letter stating that it will make the improvements proposed on the condition that a 2,675 sq. ft. Rax Restaurant in the west park- ing lot be approved. Staff can, in no way, recommend the approval of site and building plans for the K-Mart site upon any conditions laid down by the applicant. It is, after all, the City's approval which is being sought, not K-Mart's. Furthermore, prior agreement to a Rax Restaurant is unfeasible for two reasons: 1) no plans have been submitted for the restaurant; and 2) the City Council has already given a first reading to an ordinance amendment prohibiting "convenience - food restaurants" from abutting R1, R2 or R3 zoned property either at a property line or a street line, which is consistent with proposed Comprehensive Plan recommendations. If the owner continues to insist on the approval of such a restaurant, staff can only recommend denial of the site plan and special use permits for both the auto center and the gas station. In any case, the plans submitted to the Planning Commission are incomplete and subject to major modification. Approval at this time is not recommended. It is recommended that the plans be tabled with clear direction to.the applicant as to the revisions needed. The Planning Commission should also address the proposed canopy for compliance with the provisions of Section 35-111 in its direction to the applicant. We will be prepared to discuss this application in greater detail at Thursday night's meeting. 8-27-81 -2-