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HomeMy WebLinkAbout2009-003 Inf Sheet 5710 Xerxes Avenue NorthThe applicant, John Baregi of Holiday Companies on behalf of the owner of the property, Jay Showalter, is seeking site and building plan approval and a special use permit to redevelop a new convenience store/gasoline station at the southeast corner of County Road 10 and Xerxes Avenue North on property addressed 5710 Xerxes Avenue North.The property in question is zoned C-2 (Commerce) and is 37,474 sq. ft. in area or .86 acres and currently contains a gasoline service station/convenience store with two canopy areas over the pump islands. It is bounded on the north by County Road 10; on the east and south by Brookdale Shopping Center (the Midas/Precision Tune building is adjacent to this site); and on the west by Xerxes Avenue North. The property is surrounded by other C-2 zoned property on the opposite sides of the abutting streets (County Road 10 and Xerxes Avenue) and PUD/C-2 zoned property for Brookdale. The site is also located in the CC Central Commerce Overlay District which acknowledges convenience stores and gasoline service stations as allowable uses. The proposed plan is to demolish the existing structures and to build a new 4,350 sq. ft. convenience store on the southerly portion of the site with five pump islands under a 30 ft. by 136 ft. canopy on the northerly portion of the site. ACCESS/PARKINGCurrently access to the site is gained from two access points on County Road 10 and one access point on Xerxes Avenue. The applicant plans to close the westerly access on County Road 10 and continue utilizing the easterly access on that right of way. The Xerxes Avenue access will basically be unchanged. They have reviewed their plan with Hennepin County which is in agreement with the access arrangement on County Road 10 and the applicant is subject to Hennepin County’s permitting process. As mentioned previously, the existing building, canopy and dispensing stations will be demolished. Underground tanks will be removed and new tanks will be provided at the northeast corner of the site. Five new dispensing stations will be provided under a new canopy along the north side of the site. One of the site plans provided shows the ability for a gasoline transport to access, maneuver and exit the site given the location of the proposed structures on the new plan. Parking for the 4,350 sq. ft. convenience store is 24 spaces, not the 19 spaces calculated by the applicant and indicated on the site plan. This parking requirement is based on the retail parking formula of 5.5 parking spaces per 1,000 sq. ft. gross floor area. The plan shows nine parking spaces located in the front of the building and seven parking spaces to the northeast of the building along the southeasterly property line. The applicant is requesting credit for a minimum of five parking spaces at the pump islands which are allowable giving them 21 spaces, three short of the minimum requirement. Additional parking (six 90 degree parking stalls or two parallel parking stalls) can be provided at the northeast corner of the site above the location for the relocated tanks. We don’t believe it is necessary at this time to designate the spaces but the owner of the property should execute a “proof of parking agreement” acknowledging that they will install the necessary parking spaces up to 24 stalls if parking becomes a problem on the site as determined by the city. The building to be located on the south portion of the site will meet, or exceed all building setback requirements for this site. These setback requirements are 35 ft. from the Xerxes Avenue right of way or property line (front), 25 ft. from the County Road 10 right of way or property line (side corner). Ten foot building setbacks from the other property lines, which are interior property lines, are also required. The southeast corner of the building which is set back 3 ft. from the property line is an allowable encroachment into the setback requirement per Section 35-400, Footnote 3d, which allows buildings setbacks for commercial and industrial buildings to be less than 10 ft. but not less than 3 ft. from not more than one interior lot line provided all other setback requirements are met, no accessory buildings are located within the remaining interior yard and the wall of the building that is less than 10 ft., conform with in all respects with the requirements of the State Building Code. Fifteen foot green strips between the property line of abutting streets and the parking and driving lanes are also required and are provided for on the site plan. The city is planning a 10 ft. wide trail along County Road 10 as part of the Streetscape Improvements Plan for this roadway. We have requested, and the owner has agreed, to provide an easement over approximately 7 ft. adjacent to the right of way and within the 15 ft. green strip for this purpose. We have also requested and the owner has agreed, to provide an easement along Xerxes Avenue for the area where bus benches and a shelter are located. Such easements shall be subject to the City Engineer’s approval and should be provided prior to the issuance of building permits for this project. GRADING/DRAINAGE/UTILITIESThe applicant has submitted grading, drainage, utility and erosion control plans which are being reviewed by the Director of Public Works’/City Engineer. His written comments are provided and will be attached as part of the record for this application. The site is to be bound by B-612 curb and gutter and parking and driving areas will be bound by this as well except for a transitional area of B-412 curb and gutter located around a parking protector area at the northwest corner of the building. The City Engineer has agreed to allow this type of curb and gutter so that gasoline transports can negotiate this corner more easily when making deliveries to the site. Storm drainage will be collected in five new catch basins located around the site and connected to storm sewer within the County Road 10 right of way. Existing on site sewer and water connections will be abandoned with a new water line proposed to connect to the south side of the building and tied into the water main within the Xerxes Avenue right of way. Sanitary sewer will be connected along the west side of the building and tied into an existing sanitary sewer at the northeast corner of the site. The site is under five acres in area and no Watershed Management Commission formal approval is required.LANDSCAPINGThe applicant has submitted a landscape plan in response to the Landscape Point System (copy attached) utilized by the Planning Commission to evaluate such plans. This .86 acre site requires 80 landscape points. They propose to provide a total of 106 landscape points, which exceeds the minimum requirement for the site. Five shade trees including two Northern Pin Oak and three Skyline Honey Locusts are planned. The Northern Pin Oak would be located within the green strip along Xerxes Avenue while the Honey Locust will be located in a 10 ft. green area along the easterly property line. Four Swiss Stone Pine (coniferous trees) are provided, three to the south of the new building and one in a parking protector area just to the northeast of the building and separating the two portions of the parking facilities. Four Autumn Brillance Serviceberry (decorative trees), three to the east of the building and one at the southwest corner of the site are shown on the plan. Fifty shrubs including SnowmoundSpirea, Grey Owl Juniper, Marie Bugnet Shrub Rose and Little Blue Stem are provided as foundation plantings to the west of the building and in planting groups within the approximate 7 to 8 ½ ft green strip located along County Road 10.Underground irrigation will be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of the City’s Zoning Ordinance. BUILDINGThe applicant has submitted a floor plan and building elevations for the proposed new building. The building exterior will be primarily brick with rock face CMU along the lower portion of the building with an EIFS finish on the front with a dark bronze anodized display windows also on the front. The brick will be a Tudor blend (brown) with the rock face CMU a Vienna Brown color with the EIFS a white color. The canopy over the pump dispensers will not have an illuminated face but will have a colored white panel with a red and blue stripe. The columns supporting the canopy will be a brick enclosure. The underneath side of the canopy will light the area beneath it. LIGHTING/TRASHThe applicant has also submitted a lighting plan indicating the proposed photometric plan for the site. It appears that they propose to provide six freestanding light standards around the perimeter of the parking lot and decorative wall mounted light fixtures on all four sides of the building. The photometric plan indicates that foot candles at the property line will not exceed one which is less than the minimum allowed by Section 35-712 of the ordinance. Per the ordinance, all fixtures should be shielded and light directed on the site in such a manner as to avoid glare to abutting properties. The lights in the canopy should be flush with the canopy so that this light is concentrated on the site, again not creating glare off site.The trash enclosure area will be southwest of the building and be accessed off Xerxes Avenue. The plans indicate that the enclosure will be a brick/rock face CMU with 1 ft X 6 ft cedar board gates. The exterior material will match the existing building. The plan also indicates roof top mechanical equipment will be screened by texcote panels to match the color and texture of the EIFS on the front of the building.SPECIAL USE STANDARDSGasoline service stations are special uses in the C-2 zoning district and as such must meet the special use permit standards contained in the zoning ordinance. The site has existed as a special use on this corner for many years and to our knowledge has complied with these standards during that time. We do not anticipate, given the plans as submitted, that the proposal will be in conflict with the standards for special use permits. These standards generally require that the proposed special use 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 the property in the immediate neighborhood, nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located. We believe that the applicant has in all cases met these standards with their new proposal. The access along County Road 10 is acceptable to Hennepin County and appears to be a better arrangement than what currently exists. It certainly does not appear that the operation will interfere with the use and development of neighboring property and the design and site layout meet standards required for building, parking and landscaping improvements on the site. The proposal will conform with all applicable regulations of the district in which they are located and no variances or special accommodations are required.In general, we would state that the proposal meets the standards for special use permits contained in the city’s Zoning Ordinance. A public hearing has been scheduled with respect to the special use permit and notices have been sent to surrounding property owners.RECOMMENDATIONWe believe the plans are 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 prior to the issuance of permits. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 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 all site improvements. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 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. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. B-612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may approve a lesser standard in deference to plan considerations. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. All work performed and materials used for construction of the utilities shall conform to the City of Brooklyn Center current standard specifications and details. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. The owner of the property shall enter into an appropriate trail easement within the green strip area along County Road 10 and an easement for the bus bench/shelter area along Xerxes Avenue as approved by the City Engineer prior to the issuance of building permits. The owner of the property shall enter into a proof of parking agreement to provide up to 24 parking spaces on the site upon a determination by the City, to be constructed within one year, that such parking is needed. The applicant shall obtain formal approval of the access arrangement along County Road 10 from Hennepin County Transportation Department and any necessary permits prior to the issuance of building permits by the City.