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Home My WebLink About2007-012 - 5810 Xerxes Ave FULL PACKET6, - � �D) Date Received City of Brooklyn Center Planning Commission Application Please Print Clearly or Type Application No. A c / _(" /.!;� Address/Street Location of Property Legal Description of Property PID# 1601,HENNEPIN COUNTY, MINNESOTA 5810 XERXES AVENUE NORTH 02-118-21-23-0022 / TRACT B, REGISTERED LAND SURVEY NO. Owner CONROY OTTO PARTNERSHIP, LLP Address 7750 W. 78th STREET, MINNEAPOLIS, MN 55439 Applicant MICHAEL KAMPMEYER GRIFFIN COS. Address 615 FIRST AVENUE N.E. SUITE Type of Request: ❑ Rezoning ($1050) ❑ Subdivision Approval ($300) ❑ Planned Unit Development ($1800) Phone No. 952-224-4705 FAX No. Phone No. 612-904-7822 FAX No. 612-904-7887 ❑ Special Use Permit ($200) ❑ Site & Building Plan Approval ($750) ❑ Appeal ($200) ❑ Variance ($200) ❑ Other: Description of Request: REQUEST TO OPERATE A CAR AND LIGHT DUTY TRUCK REPAIR BUSINESS Application Fee $ $200.00 Acct No. 10100-4403 Receipt No. 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 statement, 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 will be in addition to the application fee described herein. Withdrawal of the application will not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Applicant (Please Print) Appl cant's Signature City Use Only PLANNING COMMISSION RECOMMENDATION City Use Only Dates of P. C. Consideration cv Action Taken A❑VVC_. I All Approved Denied this 2—kr day of following conditions: JK-1e 20 07, subject to the Chairman ---------------------------------------------------------------------- r1Tv rni inirn ArTinkI Dates of Council Consideration Action Taken Approved ❑Denied this -I day of 20, with the following Clerk Application Filed on 6-14-07 City Council Action Should Be Taken By 8-13-07 (60 Days) Planning Commission Information Sheet Application No. 2007-012 Applicant: Griffin Companies Location: 5810 Xerxes Avenue North Request: Special Use Permit The applicant, Michael Kampmeyer on behalf of Griffin Companies, is seeking a special use permit to operate an automotive repair facility in a portion of the commercial building addressed as 5810 Xerxes Avenue North. The property in question is zoned C-2 (Commerce) and is located at the southeast corner of Xerxes Avenue North and Northway Drive. It is bounded on the north by Northway Drive with the Centerpointe apartment complex on the opposite side of the street; on the east and south by the Metropolitan Council Transit Center and Twin City Federal; and on the west by Xerxes Avenue with vacant land on the opposite side of the street. Motor vehicle repair is listed as a special use in the C-2 district provided it does not abut R-1, R-2 or R-3 zoned property including abutment at a street line. No such abutment exists in this situation. The site is also located in the CC -Central Commerce Overlay District which also acknowledges motor vehicle repair uses as allowable uses. The applicant's proposal is to conduct a car and light truck repair business in approximately 2,500 sq. ft. of space in the southeast corner of the building. The space is served by an existing 12 ft. by 12 ft. overhead door and the plan is to create three service bays within the building for the repair facility. The applicant has provided a site plan and written information regarding the proposed operation. Hours would be 8 a.m. to 6 p.m. Monday through Friday and 9 a.m. to noon on Saturday. He indicates the type of work to be considered light and medium duty repair and includes tune ups, oil changes, tire rotation, tire rods, axels, gaskets, mufflers and any minor transmission and engine repair. They propose to make various improvements and modifications to the tenant space for their operation that are listed in the written material. It should be noted that the modifications are subject to the issuance of a building permit, review by the Building Official and compliance with building codes. A Certificate of Occupancy will be required because of the change of occupancy. Access to the site will be the same as it is now. The plan submitted shows the building to be 14,224 sq. ft. which requires 78 parking spaces. Fourteen parking spaces are required for the proposed three bay repair facility based on the ordinance requirements for auto repair (three spaces per service bay, one space for each employee plus a minimum of two spaces for service 6-28-07 Page 1 vehicles) which is equivalent to the square foot parking requirement for the retail space (5.5 parking spaces per 1,000 sq. ft. gross floor area). A total of 85 parking spaces are shown on the plan. The plan calls for the removal of existing island delineation to allow for more parking. We would recommend that if the islands are removed, they be replaced with new ones at the south ends of the parking rows. LANDSCAPING As part of the special use permit process, the applicant has provided a landscape analysis to determine if the site complies with the landscape point system used by the Planning Commission to evaluate landscape plans. This 1.35 acre site is required to have 108 landscape points. There are a total of 160 landscape points for the site, a large number of which are in shade trees. The site seems to be appropriately landscaped and is considered to be acceptable. SPECIAL USE PERMIT_ STANDARDS Auto repair facilities are special uses in the C-2 zoning district and as such must meet the special use permit standards contained in Section 35-220 of the city ordinances (attached). These standards require that the proposed special use 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 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. Our concerns are primarily with the operation itself and we generally feel that the special use permit standards can be met so that this operation can be conducted on the site. City ordinances require the service/repair work to be conducted wholly within an enclosed building or behind an opaque fence or wall at least 6 ft. high or high enough to screen this activity from view. The outdoor parking of vehicles to be serviced is limited to a period of 48 hours. No body work or painting is to be conducted as part of this operation and the outside storage of parts, equipment, and material is also prohibited. Trash must be screened from public view. The storage of junk vehicles will not be tolerated. Noise associated with the operation could be a problem, also. There is not space available on the site for outside activity and all service and repair must be conducted within the building with the overhead door closed. If these matters can be complied with, we believe the standards for special use permits can be met. We would recommend conditions of approval aimed at preventing noise and visual pollution from this site as well as the containment of trash and junk vehicles. There should be absolutely no outside storage of parts, equipment or trash. The display of merchandise should be limited to that which can be accomplished through the Administrative Permit process also. 6-28-07 Page 2 A public hearing has been scheduled and notices have been sent to surrounding property owners. RECOMMENDATION Approval is recommended subject to at least the following conditions: The Special Use Permit is granted for an auto repair facility providing light and medium duty repair operations such as tune ups, oil changes, tire rotation, tire rod, axles, gaskets, mufflers and minor transmission and engine repairs. No other automotive service/repair work such as body work, painting or collision repair shall be performed on the site. Any change in the use of the operation not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this Special Use Permit. 2. Building plans for tenant remodeling shall be reviewed and approved by the Building Official prior to the issuance of building permits and a Certificate of Occupancy for this operation. There shall be no service, repair or maintenance of vehicles out of doors. All service and maintenance to vehicles shall be done inside the building with the overhead doors closed. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. There shall be no outside display or storage of merchandise on this site other than that which is authorized under Administrative Land Use permits. 6. The Special Use Permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be grounds for revocation. 6-28-07 Page 3 to vo GL ca 541 �` �� •� Sri"""- •' � •��..-. tj •'• •• '� ♦ • • LOC 91 V^ F_ i I— �..' gg. 9E A. Inw °aasaUG NOLLVOO138 h3lsd"n MAI)fo,, dlH 3nN34V s.3 �13X OJLLOAOtJNOx \N11 UJ ox 4 A aid x 1A § ax, 14C GR FFIN CC 4PANIES Mr. Ronald Warren Planning & Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: 5810 Xerxes Ave./Special Use Permit Application Dear Mr. Warren, We have enclosed the application and supporting documents for the project referenced above. The documentation includes a description of the proposed use and a parking and landscape plan per the City's requirements. We would like to be placed on the Planning Commission Agenda for the June 28. Please contact me if you need additional supporting documents as the contingency period for purchase of the building is July 15. Thank you for your assistance in this matter. Regards, Michael Kamp r L arin 615 First Avenue NE, Suite 500 Minneapolis, MN 55413 Phone:612-338-2828 Fax:612-338-3288 www.griffincos.com MISSION STATEMENT To provide a high quality, great service, and an inexpensive auto repair shop that meets the demands of a fast growing diverse demographic. EMPLOYEES There will be a total of (2) two to (3) three employees including the owner HOURS OF OPERATION Monday -Friday: 8 AM — 6 PM Saturday: 9 AM - 12 PM SPACE USAGE Within the space, auto repairs will be made. The type of work are considered `light' and `medium' duty . Light: tune-ups, oil changes, tire rotation, etc. Medium: tire rods, axels, gaskets, mufflers, and any minor transmission and engine repair WORK SPACE IMPROVEMENTS In order to do these types of works, the users plan to improve the space, so it can be up to code. These improvements are: one unisex bathroom, dining (break area), and an office. In addition, there will be a new ventilation system and any additional electrical work that the city requires to operate a three bay shop. WASTE PREVENTION The repairs will be done in a fast manner so the turn -over for these cars will quick. This will prevent any car sitting in the parking lot for a very long time. Any car that needs more then a few days in the lot will be stored inside of the building. A tank or big barrels will be placed inside the space to collect waste so there will not be any oil build up within the space. There will not be any waste (i.e., spare tires, rims, gas cans, oil tanks, old parts, etc.) left outside to sit and make the parking lot to look like a junk yard. City of Brooklyn Center Special Use Permits - Section 35-220 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district d. Adequate measures have been or will be taken to provide ingress, egress pnd parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. I. Conditions and Restrictions The Planning Commis.ion may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and 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. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon. which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the data the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a pvJpr ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, time special use permit related thereto shall expire one year following the date of abandonment COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning S ecialis / DATE: June 29, 2007 SUBJECT: Planning Commission Application No. 2007-012 Recommendation: It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Background: On the July 9, 2007 City Council Agenda is Planning Commission Application No. 2007-012 submitted by Michael Kampmeyer of Griffin Companies requesting Special Use Permit approval. This matter was considered by the Planning Commission at their June 28, 2007 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No.2007-012 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. Budget Issues: There are no budget issues. MTCity of Brooklyn Center A Millennium Community August 1, 2007 Michael Kampmeyer Griffin Companies 615 First Ave NE Suite 500 Dear Mr. Kampmeyer: This letter is to inform you of the action taken regarding Planning Commission Application No. 2007-012. Enclosed is an excerpt from the minutes of the Planning Commission meeting, the City Council meeting and the Planning Commission Information Sheet pertaining to your application for a Special Use Permit. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc Enclosures 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 wwu;.cityofbrookl�,ncciatcr.org June 15, 2007 Griffin Companies Michael Kampmeyer 615 First Ave NE, Suite 500 Minneapolis, MN 55413 Dear Mr. Kampmeyer, Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No. 2007-012, submitted for a Special Use Permit, at its meeting on Thursday, June 28, 2007 at approximately 7:00 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc June 29, 2007 Griffin Companies Michael Kampmeyer 615 First Ave NE, Suite 500 Minneapolis, MN 55413 Dear Mr. Kampmeyer: Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application No. 2007-012, submitted for a Special Use Permit at its meeting on Monday, July 9, 2007 in the City Hall Council Chambers, 6301 Shingle Creek Parkway. This City Council Meeting begins at 7:00 p.m. and this matter will be considered as soon thereafter as the City Council's agenda will permit. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway 763-569-3330 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday June 28, 2007 at approximately 7:00 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: TYPE OF REQUEST: Special Use Permit PETITIONER: Michael Kampmeyer (Griffin Companies) PROPERTY NAMED IN THE PETITION: 5810 Xerxes Ave N Legal Description: Tract B. RLS No. 1601, Hennepin County, Minnesota BRIEF STATEMENT OF CONTENTS OF PETITION: Request to operate a car and light duty truck repair business at 5810 Xerxes Avenue North. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. Respectfully, C- Ronald A. Warren Planning Commission Secretary CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway 763-569-3300 INFORMATIONAL NOTICE TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center at its meeting on Monday, July 9, 2007 will consider the petition described below. The meeting will begin at 7:00 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. A definite time for this petition to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Special Use Permit PETITIONER: Michael Kampmeyer (Griffin Companies) PROPERTY NAMED IN THE PETITION: 5810 Xerxes Ave N Legal Description: Tract B, RLS No. 1601, Hennepin County, Minnesoa BRIEF STATEMENT OF CONTENTS OF PETITION: Request to operate a car and light duty truck repair business at 5810 Xerxes Avenue North Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. Respectfully, i Ronald A. A. Warren Planning Commission Secretary