HomeMy WebLinkAboutPC80038 - 10/23/81 - 360 63rd AvePLANNING CC►l f1I5SIUl1 IU1llflc ,11'E'E.Ii,I','f 1Uf1
_ Application fdu. `80038`�._.-._
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'Street Locator of Property 3600 - 63rd avenue North
Legal Description of Property Tract A & B of R.L.S. #807, Tract B of R.L.S. #817
4;ner K Mart Corporation
Address 3100 W. Big Beaver Road' Troy,MI 48084 Phone 1W) 313/643-1000
Applicant Same
Address Phone Plo•
Type of Request: Rezoning Subdivision A.oprcval
Variance Site & Bldg. Plan Appi oval
X Spec-ial Use Permit Other:
Description of Request:: To operate the existing automotive service center and to
construct the new garden shop enclosure and canopy.
Fee $ 25.00
Receipt. N"o. 54182
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PLANNING CO;.1':?SSIO"N RLCuii;,rE;DATi
irate, of P.C. ConSideration:
Approved Dsniod this ;Zr)-"77> day of 19 SUbject ;o the fur loot,:--
r*42i1
CITY COUi;CAL AU t
Dates of Cournc:l Considc:raticn.
Acpr: ve'-f _ Den i ed thi s day of ���1y�E `�'� 1 ?� w th the foil l or; i n
C (TY OF Ui'OOM Yrl CEIN i FR, t',(,NlronTII
6301 Shingle Creek Porkuiay 55430
;1F;C REQUIREMENTS FOR fIt.1N1, APPI.jr I I�N1 FOR SITE. A t► OWLI IN PLAN Arf ;;JVAL
i'ri";;
to S
sSion of an
app' icatioil for, plan rev it2w and
xpl� lrov;l1, pro Spec
tivo applicants
show
;•lrange
an infaiinational
meeting with thO Panning
Staff to diSCUSS
pr,�iimina.y plans
(Jilt!
to
becc;;;r
famiIiarized
with alglicable ordinance alit:{ pol
icy provisions.
Thyan ( copies of the following documents and information shall be submitted, at least .14
`0 Lhe ti.e of the rc<tlirCommission meeting, concurrent with ii1;1,'tn? zrplis
dtla
do' uin.onts mist be consistent ti':ith ordinance and policy provisions before an
(ilay be adopted)
1. A certified site survey drawing by a registered engineer o;' land surveyor showing per•tineni
Wsting condition, accurately din;:;ilsioned.
?..* An aMirately scaled and dimensioned site plan indicating:
a) park ng layouts including access provisions;
b) d,asigna ions and locations of accessory buildings;
c) fences, a:alls or other screening, including heights arrd type of material;
d) cuts -,de lighting provisions, type and location;
e) curbing.
3.1' A 1.irdscape pj,.n stioaing areas to be sodded or seeded; location, size and species of trees
and shrubbery. t
4.x BL.!djr.a floor plan, elevations, sections arid. specifications, including materials proposed
5. • &nd proposed ;and elevations, drainage provisions, and ut'i.'ity provisions.
drawings, plans or information deemed n cessary by the Secretary.
Most be prE.p5red by a regisver-ed architect or person registered with the State Goard of
` Q t'' t, c►'• for Architects, Engineers and land Surveyors, and said drawings; plans shall be so
certified.
WE: tpon approval of clans by the Council and prior to issuance of permits, a Performance
AlreemeK aq to ,p;ar_.•:ed site ingrovr_ments and a supporting financial guarantee, in an amount
to by :.late•,( reed by t a City,'arc required. Acceptable financial instrurents include cash
escral certificate of deDo., t; and -performance bond. .
Cupie of tho Zoning Crdinance way be obtained fror! the Administrative Office.
Qu2s;Ors .;t'.ou!d be directed to the Department of Planning and Inspection-.
/l r,ffl li.). 19
banning Commission Information Sheet
Application Nos. 80038, 80039 and 81062
App,licant: 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.
�t4plication Nos. 80038, 80039 and 81062 continued
w 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 810G2.
10-22-81 -3-
'Application Nos. 80038, 80039 and 81062 continued
`i
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-
: Planning Commission Information Sheet
Application No. 80038
Applicant: K-Mart Corporation
Location: 3600 - 63rd Avenue North
Request: Special Use Permit
This application was before the Planning Commission at its October 9, 1980 meeting
and was tabled at that time until certain revisions in the plan are completed. The
applicant's representative stated then that the gas station on the site will be
owned by K-Mart, but leased to a separate operator. Therefore, the permit to be
issued under this application will only authorize operation of the auto center.
We have not as yet received a complete revised plan. Rather, the applicant is
expected to submit a red -lined plan showing the revisions required by the Planning
Commission. These include the following:
1. Underground irrigation along the north greenstrip area.
2. Closing of at least one entrance to Brooklyn Boulevard and
possibly the westerly entrance to 63rd Avenue North.
3. The planting of a hedgerow 22' to 3' in height in the greenstrip
along Brooklyn Boulevard and along 63rd Avenue North.
4. Opaque fencing 6' high along the property line shared with the
apartments to the north.
5. Installation of B612 curb and gutter along the north side of the
parking lot.
6. The planting of taller growing trees, 2z" to 3" in diameter at
40' intervals along the north greenstrip and along the north
end of the east greenstrip.
7. Repainting of ductwork along the north side of the building.
8. More landscaping around the gas station.
9. Improve the drainage pattern on the site.
10. Make other necessary repairs to the building and barrier walls
on the site.
In addition to these revisions, the applicant has indicated a willingness to close
the south curb opening along Brooklyn Boulevard. Staff have discussed the K-Mart
site with representatives of MN/DOT and a formal written recommendation should
be forthcoming by Thursday nigh V s meeting. Beyond the closing of the south curb
opening, it has been recommended that the middle entrance be redesigned to face
the Boulevard at a 900 angle;and that the City consider the closing of the westerly
curb opening along 63rd Avenue North.
It should also be noted that the restriction on the hours of operation at the auto
center apply to service of vehicles only. Sales may continue during the hours
the K-Mart store is open.
10-23-80 -1-
Application No. 80038 continued
-if the Planning Commission deems the plans to be satisfactory, at least the follow-
ing conditions are recommended:
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 and utility and landscaping plans are subject
to approval by the City Engineer prior to the issuance of permits.
3. A performance agreement and supporting financial guarantee (in
an amount to be determined by the City Manager)-shali be submitted
to assure completion of approved site improvements prior to the
issuance of permits. This guarantee will not be released until
the proposed plat is finaled and filed with the County.
4. All outside trash disposal facilities and mechanical equipment
shall be screened from view to the maximum extent possible.
5. The special use permit for the automotive service center is
issued to K-Mart as the operator of the facility and is non-
transferable.
6. The special use permit is subject to all applicable codes,
ordinances and regulations including special licensing require-
ments and violation thereof shall be grounds for revocation.
7. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
8. An underground irrigation system shall be installed in all
landscaped areas to facilitate site maintenance.
9. B612 curb and gutter shall be provided along the north side of
the parking lot.
10. The plans shall be modified to show handicapped parking stalls
and ramping prior to consideration by the City Council.
11. 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.
12. The middle driveway opening along Brooklyn Boulevard shall be
modified to face the right-of-way at a 900 angle. This modifi-
cation shall be subject to the approval of MN/DOT and the City
Engineer.
13. Building permits for the new garden shop will not be issued
until the new plat has been finaled and filed with the County.
14. The applicant acknowledges that if the existing foliage screening
along the property line with the school should fail, it shall
be the obligation of K-Mart to install some other opaque
screening device, not less than 6' in height.
10-23-80 -2-
Planning Commission Information Sheet
.Applitation No. 80038
Applicant: K-Mart Corporation
Location: 3600 - 63rd Avenue North
Request: Site and Building Plan, Special Use Permit
The applicant seeks approval of a special use permit to operate the auto center
and gas station located at 3600 - 63rd Avenue North (the old Shopper's City
site). He also seeks site and building plan approval for a canopy at the north-
east corner of the building to serve as a cover for a new outdoor garden shop.
The property is zoned C2 and is bounded by single-family residences across
Beard Avenue North on the east, by apartments and Garden City elementary school
on the north, by single-family homes across Brooklyn Boulevard on the west and
by the City Fire Station and Liquor Store and more single family homes on the
south.
Special Use Permit Considerations
Both the gas station and the auto service center, for which the permit is sought,
are nonconforming uses since they each abut an Rl district across a street
(prohibited by Section 35-322:3 (a)). However, since the auto -related uses have
not ceased for a period of over two years (as stipulated in Section 35-11:4),
the operation is allowed to resume provided the Planning Commission and City
Council are satisfied that the proposed uses meet the standards for a special
use permit as far as possible, given the existing circumstances of nonconforming
use abutment.
The applicant has submitted a letter addressing the special use standards
(attached) in which he states the Auto Center would be a benefit to the com-
munity; that the exterior of the building and the grounds would be improved and
maintained; that the proposed use is consistent with what has existed previously;
and that it will conform to the applicable regulations in the future. The appli-
cant has also submitted a letter (attached) describing the services to be
rendered and proposing hours of operation from 8:00 a.m. to 10:00 p.m. Monday
through Saturday, and 11:00 a.m. to 6:00 p.m., Sunday.
Staff have received comments from a property owner across Beard Avenue North
expressing concern over noise and screening of the center from the residential
area. It is our recommendation that the Commission consider restricting the
hours of operation to 8:00 a.m, to 9:00 p.m., Monday through Friday, 10:00 a.m.
to 6:00 p.m. Saturday, and either closed or noon to 5:00 p.m. Sunday. Since
there is another K-Mart Auto Service Center in town, customers arriving after
hours at this location may be referred to the K-Mart on John Martin Drive for
late -hour service. These reduced hours of operation are suggested in line with
Section 35-220:3 of the Zoning Ordinance which states: "The Planning Commission
may recommend and the City Council may impose such conditions and restrictions
upon the ... 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."
As well as the hours, the Commission may wish to pursue the services rendered,
particularly those creating more noise such as tire changes.
10-9-80 -1-
Application No. 80038 continued
`Site and Building Plan
The proposed site and building plan includes a new canopy at the northeast corner
of the existing building to shelter the new outdoor garden shop. The garden shop
measures approximately 38 feet from the existing eastern edge of the building and
extends roughly 103 feet north to a line 40 feet north of the present building,'s
north wall. Total area under the canopy is roughly 4500 sq. ft. A 20' wide fire
lane is proposed between the canopy and the existing curb line along the east edge
of the lot. Staff have some concern that there is no readily availabe nearby
parking which can be used by garden shop customers and that the fire lane or the
area immediately around it may be violated. The activity of the garden shop will
be subject annually to the limits established by Section 35-800:2a of the Zoning
Ordinance which requires Administrative Land Use Permits for out-of-door sale and
display of garden supplies and equipment.
As with all existing uses which do not meet current ordinance standards or com-
munity norms, the site at 3600 - 63rd Avenue North is in need of upgrading. The
applicant proposes to add 22" to 3" Green Ash at roughly 40 feet intervals along
the northern portion of the easterly and westerly greenstrips. Two Austrian Pine
are scheduled for the northeast corner of the site. Numerous Juniper and other
low-lying shrubs are indicated for the greenstrip along Brooklyn Boulevard along
with four Almey Crabapple Trees. The applicant has discovered an existing under-
ground irrigation system serving the west, south, and east greenstrips and intends
to connect it to an automatic timing system to facilitate site maintenance.
The applicant has not proposed to install underground irrigation along the north
greenstrip, nor any new plantings (there is a row of shorter trees along the
property line with the school), nor curb and gutter, nor screening of the mechan-
ical equipment along the north (back) side of the building and on top of the roof
above the auto center. It is staff's judgment that all of these omissions are
significant, especially since they are concentrated in one area of the site. The
screening of mechanical equipment is a longstanding policy of the City. Curb and
gutter is required under Section 35-710 of the Zoning Ordinance and underground
irrigation under Section 35-412:4. The addition of plantings in this area, such
as 22" to 3" tall growi.ilg trees spaced 40' to 50' apart would greatly improve
the image of the site and would serve to screen the rear of the shopping center
from surrounding residential properties and passing motorists.
Regarding the gas station at the southwest corner of the site, no change is
proposed whatever to the site or building. No hours of operation have been
submitted for the gas station. Increased landscaping is recommended.
No alterations are proposed for the large customer parking lot. Required parking
for the existing building and proposed addition is roughly 870 spaces. Approxi-
mately 1,086 spaces exist on the site. There are three driveway openings along
63rd Avenue North and three also along Brooklyn Boulevard. Spacing of the
openings along 63rd is in accordance with ordinance standards and present no
difficulties.
In light of the need for significant modification to the proposed plan, staff
are not prepared to recommend even a conditional approval of the application at
this time. Staff would also point out that there has been a great deal of
confusion, quite unintentional, over whether the new garden shop would be built
and who would operate the gas station.
10-9-80 -2-
Application No. 80038 continued
~Many discussions with the applicant have taken place without the benefit of a
proposed plan and have, therefore, been conceptual in nature, lacking specifics.
Due to this confusion, staff would recommend that the Planning Commission seek a
full and clear understanding of the applicant's intentions and also require a
plan which brings the site up to current ordinance standards and community norms
before taking action on the application.
10-9-80 -3-
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