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HomeMy WebLinkAboutPC77067 - 12/15/77 - 6540 Shingle Creek PkwyPLANNING COMMISSION FILE CHECKLIST File Purge Date: 12lG/9S FILE INFORMATION Planning Commission Application Number: PROPERTY INFORMATION Zoning:�� PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission Minutes: City Council Document Type Resolutions: Planning Commission Resolutions: City Council //�i-7177, '2181-7-7, City Vault 1214s/'77, 1/i21-7B / Z/ 917 7 City Vault Number Location City Vault City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER PLANNING COMMISSION ZONING APPLICATION Application No. %%(��c % Please Print Clearly or Type Street Location of Property L.y� yc;- C cyi-2-c, K_C 4^ Legal Description of Property %tizc� �' 1 Y -J L3 Owner Address Phone No. Applicant N. X. J<C6,C R, `s i7�cS�, Z- _ Address ; 'Z L( }i- T H K L, T 4 C t Phone No. i/Cl Type of Request: Rezoning Subdivision Approval Variance Site & Bldg. Plan Approval X_ Special Use Permit Other: ^� Description of Request:.j,,<« ,_sE, A Alin <A(I ti Fee $ ; W S c Receipt No. -7 Dater of P.C. Consideration: Approved ,' Denied ing cond'�ons: p icant s Signature ��- 4 7'7 Date PLANNING COMMISSION RECOMMENDATION this j5 day of , � ,,, ..� 19 77, subject to the follow - airman ------------------------------------------------ CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this %day of 19 %/, with the following amendment: f P/I Form No. 18 (over please) er _•" Northwestern Bell 224 South 5th Street Minneapolis, Minnesota 55402 Phone (612)344.6565 October 27, 1977 Blair Tremere Director - Planning & Inspection City of Brooklyn Center Mr. Tremere: Northwestern Bell hereby makes application for a special use permit to install a bulk gasoline storage and dispensing facility on the garage site at 6540 Shingle Creek Parkway. We feel the facility is necessary to provide gasoline storage facilities for possible future Federal Energy Agency allocations and to provide sufficient fuel in the event of a crisis to maintain fleet mobility and to allow lead time to secure additional supplies. The proposed facility will meet Bell System and OSHA standards and will be secured by a key activated and remote metering system. Enginee Northwestern Bell 224 South Fifth Street Minneapolis Planning Commission Information Sheet Application No. 77067 \.. Applicant: Northwestern Bell Telephone Company Location: 6540 Shingle Creek, -Parkway Request: Special Use Permit This item was considered at the November 17, 1977 meeting and continued to the December 8 meeting. Since the applicant was not present at that meeting, it has been continued to this agenda and consists of a request for a special use permit to allow a gasoline dispensing facility at the office/service building in the Industrial Park. The item was tabled at that meeting to allow for reevaluation of the location of the proposed facility and to permit the applicant time to revise the plans as necessary to reflect all desired uses. There had been extensive discussion regarding an outside storage area which had been permitted by variance when the applicant first occupied the building. It was also the consensus of the Commission that the proposed location of the facility and of the storage area should be reevaluated in view of the number of parking spaces required against those available to see where the tank area and the storage area would best fit. The Commissioners generally agreed that there was no objection to the gas facility, but that the location and parking require- ments were major concerns. The applicant has submitted a revised plan indicating a relocation of the proposed gasoline pump station and a retention of the original approved outside storage area. �- We will be prepared to comment further on the proposed site plan. Approval would be subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is not transferable. 2. The special use permit is subject to all applicable codes, regulations and ordinances, including special licensing requirements of the City, and violation thereof shall be grounds for revocation. 3. Any outside trash disposal facilities shall be appropriately screened. 4. There shall be no outside storage of equipment or materials other than that permitted by the City Council under Application No. 70039 unless specifically approved by the City through a subsequent variance action allowing such storage in the I-1 zoning district. 12-15-77 Planning Commission Information Sheet Application No. 77067 Applicant: Northwestern Bell Telephone Company Location: 6540 Shingle Creek Parkway Request: Special Use Permit This item was considered at the November 17, 1977 meeting and consists of a requst for a special use permit to allow a gasoline dispensing facility at the office -service building in the Industrial Park. The item was tabled at that meeting to allow for reevaluation of the location of the proposed facility and to permit the applicant time to revise the plans as necessary to reflect all desired uses. There had been extensive discussion regarding an outside storage area which had been permitted by variance when the applicant first occupied the building. It was also the consensus of the Commission that the proposed location of the facility and of the storage area should be reevaluated in view of the number of parking spaces required against those available to see where the tank area and the storage area would best fit. The Commissioners generally agreed that there was no objection to the gas facility, but that the location and parking require- ments were major concerns. The applicant has submitted a revised plan indicating a relocation of the proposed gasoline pump station and a retention of the original approved outside storage area. We will be prepared to comment further on the proposed site plan. Approval would be subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is not transferable. 2. The special use permit is subject to all applicable codes, regulations and ordinances, including special licensing requirements of the City, and violation thereof shall be grounds for revocation. 3. Any outside trash disposal facilities shall be appropriately screened. 4. There shall be no outside storage of equipment or materials other than that permitted by the City Council under Application No. 70039 unless specifically approved by the City through a subsequent variance action allowing such storage in the I-1 zoning district. 12-8-77 Planning Commission Information Sheet Application No. 77067 Applicant: Northwestern Bell Telephone Company Location: 6540 Shingle Creek Parkway Request: Special Use Permit The applicant is seeking a special use permit for the installation of a gasoline storage and dispensing facility at the rear of the building in the 6500 block between Shingle Creek Parkway and James Avenue North. The City Council approved the site and building plans for the office service building under Application No. 70039 on July 13, 1970. The front portion of the building is an office facility and the rear portion is inside garage parking for telephone company utility trucks. The City Council also, in the same action, approved a variance to permit certain outside storage in recognition that large, heavy telephone wire reels would be difficult to store and handle inside a building. The 1970 variance action is significant here because the proposed gasoline storage facility would be in the vicinity of the storage area. The applicant has indicated that the outside storage area is very infrequently used today for large reel storage and our observation indicates that, in fact, it's being used for storage of other equipment items that, in our opinion, could be stored in the building. This matter of outside storage and the prevelance of large reels of cable should be clarified at this time. The recommendation is that the outside storage should not be permitted upon the approval of this special use permit, at least until the applicant can demonstrate a specific need and can demonstrate specifically on a plan where this storage would be. Our concern here stems from the fact that combined with the office employees, the drivers of the vehicles stored on the site virtually maximize the parking capabilities of the site. A review of the plans indicates that once the gasoline facility is installed there are very few areas on the site that could be used for storage even it were necessary without affecting the parking capability. We have discussed this with the applicant and have indicated that our recommendation would be, no outside storage other than what the City Council has already approved will be permitted as part of this special use permit. A public hearing has been scheduled. We will be prepared to comment further on the proposed site plan. Approval would be subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is not transferable. 2. The special use permit is subject to all applicable codes, regulations and ordinances including special licensing require- ments of the City and violation thereof shall be grounds for revocation. Application No. 77067 continued 3. Any outside trash disposal facilities shall be appropriately screened. 4. There shall be no outside storage of equipment or materials other than that permitted by the City Council under Application No. 70039 unless specifically approved by the City through a subsequent variance action allowing such storage in the I-1 zoning district. 11-17-77 CiL Vi Ai CITY OF COOKLYN C ENTER August 1, 1991 Alma Fitzloff U.S. West Business Resources Real Estate Department 2800 Wayzata Boulevard, Room 350 Minneapolis, MN 55405 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 Re: Outside Storage at 6540 Shingle Creek Parkway Dear Ms. Fitzloff, I have briefly reviewed the files pertaining to 6540 Shingle Creek Parkway. In 1970, a variance was granted to allow a limited amount of outside storage at the site. The property in question is zoned I-1 (Industrial Park) and outside storage was and is prohibited in that zoning district by Section 35-413 of the Brooklyn Center Zoning Ordinance (attached). In 1977, the City Council approved a special use permit for a gasoline dispensing facility at the site. At that time, the Council explicitly limited outside storage to the area approved in 1970 - the existing fenced in area behind the building. Outside storage is, therefore, limited to this area. Limited vehicle storage at the site is acceptable as long as it does not result in parking problems for cars coming to the site. I would request that you inform us just exactly how many vehicles would be stored at the site and their size(s). To expand the outside storage area on the site would require the granting of another variance by the City Council. Variances are subject to four standards found in Section 35-240 of the Zoning Ordinance (attached). Also to be considered is the parking requirement for the building and documentation of any excess area that may exist on the site. Our initial reaction to the prospect of such a variance application is that it probably does not meet the standards set forth in Section 35-240. ,s�euiu�c�a,r Alma Fitzloff Page 2 August 1, 1991 If you elect to seek a variance, you must submit a completed application form, a fee of $50.00, a letter explaining details of the proposal and addressing each of the variance standards, and a site plan documenting the existence, if any, of excess space on the site and where the outside storage area would be located. Prior to submittal of these materials, we would appreciate meeting with you to discuss the matter in greater detail and to consider possibilities that would not require the granting of a variance. If you have any questions regarding the variance process or regulations contained in the Zoning Ordinance, please contact either Director of Planning and Inspection Ronald Warren or myself at this office. Sincerely, Gary Shallcross Planner GS:mll cc: Ronald A. Warren, Director of Planning and Inspection File No. 77067 Admin. Correspondence File 35-412 6. Access from a local street intended primarily to serve residential development may only be allowed upon a finding by the City Council that such access will not negatively affect the residential character of that neighborhood. 7. In the case of group day care facilities, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height; or Council approved substitute; shall be located contiguous to the day care facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35-400, Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. Section 35-413. SPECIAL REQUIREMENTS IN I-1 AND I-2 DISTRICTS. 1. Buffer and Setback Where a proposed I-1 or I-2 development abuts any residential district (R1 through R7) either at a property line or a public street line, buffer provisions shall be established according to the following: a. Where I-1 or I-2 abuts R1, R2, or R3 at a property line, the protective strip shall be no less than 100 feet in width. The protective strip shall not be used for parking, driveway, off-street loading or storage and shall be landscaped. Parking may be permitted in the buffer strip where an I-1 or I-2 use abuts an institutional use provided it does not extend to within 15 feet of the property line. The landscaped treatment shall contain an opaque fence or wall which shall not extend within 10 feet of any street right-of-way. The fence or wall design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the industrial area. The fence or wall shall be eight feet in height. The protective strip shall contain no structures other than the approved fence or wall. b. Where I-1 or I-2 abuts R1, R2, or R3 at a public street line, the protective buffer strip shall be no less than 50 feet in width, shall contain no structures other than screening devices, shall not be used for parking, off-street loading, storage, or any other industrial activity, and shall be landscaped. Parking may be permitted in the buffer strip where an I-1 or I-2 use abuts an institutional use provided it does not extend to within 15 feet of the property line. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. c . Where I -1 or 1-2 abuts R4 , R5 , R6 , or R7 at a property line, the protective buffer strip shall be no less than 50 feet in width, shall contain no structures other than screening devices, shall not be used for off-street loading, storage or any other industrial activity, and shall be landscaped. Parking may be permitted in the buffer strip provided it does not extend to within 15 feet of the property line. Activity areas shall be effectively screened from view of the residential district in a manner to be approved by the City Council. 35-413 d. Where I-1 or I-2 abuts R4, R5, R6, or R7 at a public street line, the protective buffer strip shall be no less than 25 feet in width, shall contain no structures other than screening devices, shall not be used for parking, off-street loading, storage, or any other industrial activity, and shall be landscaped. The activity areas shall.be effectively screened from view of the residential district in a manner to be approved by the City Council. 2. Explosives No activities involving the storage, utilization or manufacture of materials or products which could be detonated shall be permitted except such as are specifically licensed by the City Council. Such prohibited materials shall include but not be confined to: all primary explosives, such as lead oxide and lead sulphate; all high explosives and boosters such as TNT and RDS, tetryl and ammonium nitrate; propellants and components thereof such as nitrocellusous, black powder, ammonium perchlorate and nitro glycerin, blasting explosives such as dynamite powder, magnesium, potassium chlorite, potassium permanganate, potassium nitrate, and potassium nitrite and reactive propellant materials. 3. Noise Noise shall not exceed 40 decibels on any octave band frequency measured at any point along the property line of the use and operation. Decibel level shall be measured by equipment meeting the specifications of the American Society for Testing and Materials. 4. Vibration No activity perceptible operation is 5. Incineration or operation shall at any time cause earth vibrations beyond the limits of the immediate site on which the located. The incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the Zoning Official and the Sanitarian. No smoke or other effusive or particulate matter shall be discharged more opaque or dark than the No. 1 classification of the Ringelman Smoke Chart published by the United States Bureau of Mines. Measurements shall be at the point of emission. No solid or liquid particulars of any type shall be emitted in such concentration that they become detectable at the limits of the immediate site. \.1 35-413 6. Odor None of the uses shall at any time cause the discharges of toxic, noxious or odorous matters in such concentrations as to be detectable beyond the limits of the immediate site. 7. Glare and Heat Glare and heat whether directed or reflected shall not be detectable beyond the limits of the immediate industrial site from which it originates. 8. Wastes All solid waste materials, debris, refuse or garbage not disposed of through the public sanitary sewage system shall be kept in a completely enclosed building or properly contained in a closed container designed for such purposes. All wastes shall be treated in compliance with existing legislation. 9. Outdoor Storage and ActivW In the industrial park district (I-1) all production, storage, servicing, or merchandising, except off-street parking and off-street loading shall be conducted within completely enclosed buildings. Semi- trailers may not be used for the outdoor storage of materials, equipment, merchandise, inventory, etc. Fuel storage or storage of materials associated with a noncommercial use required for the public welfare which is not located within a completely enclosed building or buried below grade shall be completely screened from view utilizing earth or opaque structural materials. Said screening device shall be appropriately landscaped and shall be esthetically compatible with other structures and landscaping on the site. Detailed plans for said screening shall be submitted to and approved by the City Council. 10. Lakeshore Setback No industrial activity shall extend within 50 feet of a lakeshore or a natural drainage way. 11. Site Layout No building permit shall be issued until a site and parking layout has been approved as provided in Section 35-230. No parking shall be permitted within 15 feet of the street right-of-way and this 15 foot area shall be maintained as a green strip. The site layout shall include an underground lawn sprinkler system to facilitate maintenance of site landscaping and green areas. 35-413 11. Compliance_ None of the permitted uses in either the general industrial district or the industrial park district, during the period of their operations, shall fail to satisfy any of the standards set forth above. In determining compliance with those standards, the majority vote of the City Council shall be the test of detectability for vibration, particulate matter, and odor, glare and heat. Before making this determination, the Council shall personally observe any alleged noncompliance. For noise, odor, smoke and wastes, determination of compliance shall be by any independent testing organization satisfactory to all parties concerned, or if there is failure to agree, by such testing organizations as may be selected by the City Council after 10. days notice to the alleged violator. 13. Utilities On developments of sufficient magnitude so as to require on -site water main or sewer main construction, plans for such facilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on -site water or sewer main construction is required, the land owner or developer shall enter into a water and sewer main and fire hydrant maintenance and inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. Section 35-414. SPECIAL REQUIREMENTS FOR AUTOMOBILE SERVICE STATIONS. Automobile service stations pose particular problems in achieving compatibility with abutting and adjacent land uses because of potentially detrimental aspects of their operation. The problem is basically both functional and esthetic involving traffic hazards, noise, light glare at night, outdoor storage of merchandise, poor architectural design, indiscriminate advertising, etc., all of which contribute to less enjoyment and use of and reduction of property values in surrounding properties. It is hereby determined that the general welfare will be better served by minimizing adverse functional and esthetic conditions which may result from operation of automobile service stations and that the use, enjoyment, and improvement of surrounding property will be enhanced by the following requirements: 1. Automobile service stations must front, and the primary building face, on a street designated by the City Council as a major thoroughfare. The minimum width of the use site shall be 130 feet and the minimum area shall be 20,000 square feet. 2. No service station shall be constructed on a parcel which abuts an R1, R2, or R3 district including abutment at a street line. For the purpose of this paragraph, a parcel which adjoins another parcel at one corner will be deemed to abut. STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY Anyone contemplating a request for a variance from the Zoning Ordinance should consult with the Planning staff, prior to submitting an Application to the Board of Adjustments and Appeals, for the purposes of familiarization with applicable ordinance standards and evaluation of the particular circumstances. A prospective applicant shall provide documents and information, as requested by the Secretary, to the Board of Adjustments and Appeals or to the City Council. An application must be submitted fourteen (14) days prior to the regular meeting of the Board. In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the City Council shall have the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property must be the proximate cause of the hardship; circumstances caused by the property owner or his predecessor in title shall not constitute sufficient justification to grant a variance. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Board shall not recommend and the City Council shall in no case permit as a variance any use that is not permitted under this ordinance in the district where the affected person's land is located. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: (a) Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to becarried out. (b) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. (c) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. (d) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties. P/I Form No. 20 -OVER- Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Department of Planning and Inspection, telephone (612) 561-5440. P/I Form No. 20