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Home My WebLink AboutPC86006 - 2/13/86 - 6100 Brooklyn BlvdPLANNING COMMISSION FILE CHECKLIST File Purge Date: -3 FILE INFORMATION Planning Commission Application Number: '9600':�' PROPERTY INFORMATION Zoning: e.A 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 1�3,�� City Vault Minutes: City Council City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Street Location of Property Legal Description of Property Application No.86006 Please Print Clearly or Type 6100 Brooklyn Blvd. Lot 1, Block 1, Arthur Treacher's Addition Owner Standard Oil - 4940 Viking Drive 55435 Address Applicant Wes Reavely - Wes' Amoco Phone No. Address 6044 Brooklyn Blvd. Phone No. Type of Request: Rezoning Variance X Special Use Permit Subdivision Approval 561-4440 X Site & Bldg. Plan Approval Other: Description of Request: Convert existing building into auto repair service. 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 sts incurred prior to withdrawal. -1-1 Ie Fee $ 150.00 / Applicant's Signature Receipt No. 69957 Date: A�(�,c,?FtfH/ �0 , nice ice Dates of P.C. Consideration: 1 Approved Denied following conditions: PLANNING COMMISSION RECOMMENDATION this _� day of �''�'�i 19� L9 , subject to the CITY COUNCIL ACTION 4/6 Dates of Council Consideration: Approved Denied this day of amendment: 19 , with the following P/I Form No. 18 (over please) Clerk Planning Commission Information Sheet Application No. 86006 Applicant: Wes Reavely Location: 6100 Brooklyn Boulevard Request: Site and Building Plan/Special Use Permit The applicant requests site and building plan and special use permit approval to remodel the existing Arthur Treacher's restaurant building at 6100 Brooklyn Boule- vard to a four -bay, automobile repair garage. The property in question is zoned C2 and is bounded by Burger King on the north, by an 18 unit apartment complex on the east and south, and by Brooklyn Boulevard on the west. An automobile repair garage is classified as a special use in the C2 district and is not permitted to abut R1, R2, or R3 zoned property including abutment at a street line. No such abutment exists in this case. The proposed use is, therefore, comprehended under the C2 zoning of the property. The applicant is the owner of Wes' Amoco to the south who will operate both sites. The parking requirement for the repair garage is 3 stalls for each bay, plus 1 stall per employee, plus at least 2 stalls for service vehicles. This works out, in this case, to 19 spaces. There are 32 spaces currently on the site. Relocation of two parking lot islands to allow adequate space for turning movements into the service bays will reduce the available parking to 27 spaces. The site plan proposes to restore existing landscaping. Plantings which could not be restored would either be replaced or a new planting plan would be proposed. No grading changes are proposed. The exterior of the building would only be altered along the west end by framing over most of the existing windows with wood siding. No expansions are proposed. The interior ceiling is low and probably will not allow for service of any vehicles larger than automobiles. The special use permit aspect of this. application raises the issue of the Comprehensive Plan's recommendations for this area of Brooklyn Boulevard. The Com- prehensive Plan recommends service/office (Cl) uses along both sides of Brooklyn Boulevard between 58th Avenue North and 62nd Avenue North. Although the repair garage is comprehendedunder the C2 zoning of the property, the C2 zoning itself is inconsistent with the City's Comprehensive Plan. Either a permitted or special C2 use would, therefore, be inconsistent with the Plan (unless it was a Cl use allowed in the C2 zone). Although the zoning of the property is inconsistent with the Comprehensive Plan, it should be pointed out that, legally, the zoning of a property controls use directly and the Plan recommendation only indirectly. Denial of the special use permit on the grounds that it is inconsistent with the Plan would probably not, therefore, be upheld in court. What should happen to fully effectuate the Plan is a rezoning of the property to Cl. If this were accomplished, the repair garage, the existing restaurant or other purely C2 uses would all be nonconforming uses of the property. We do not believe the application can be denied under existing conditions. However, the applicant should be informed of the fact that the proposed repair garage is inconsistent with the Comprehensive Plan and that the possibility exists that a future rezoning action consistent with the Plan could make the proposed use of the premises nonconforming. 2-13-86 -1- Application No. 86006 continued The policy of effectuating the Plan along Brooklvn Boulevard has, to date, been basically reactive. No rezonings of property have been initiated mart from -a, proposed development plan. In one case, a proposed office -condominium development at the southwest quadrant of I-94 and Brooklyn Boulevard spurred an eventual Compre- hensive Plan amendment to allow office or mid -density residential uses interchange- ably along Brooklyn Boulevard in those locations where either use was recommended. We would recommend strongly against a Plan amendment in this case that would make C2 uses, permitted or special, acceptable between 58th Avenue North and 62nd Avenue North. Such an amendment would seriously undermine the basic philosophy of the Com- prehensive Plan for Brooklyn Boulevard which calls for the more intense C2 uses to be concentrated at three "nodes": at Brookdale, at 63rd Avenue North and between the freeway and 70th Avenue North. The remaining areas of the Boulevard are slated for low and mid -density residential or service/office uses. This approach is geared to preventing long strips of commercial development which bring traffic problems and the visual pollution of large parking lots and excessive signery. The proposed use is not really a step backward from this policy since the previous use was also a C2 special use with even more traffic; but it does put fulfillment of the Plan -that much farther off. Regarding the Standards for Special Permits contained in Section 35-220 (attached), staff do not see any deficiency with respect to standards (a), (d) and (6). Standard (b) respecting impact on property values is also probably met since the proposed use is unlikely to detract from the adjacent apartment complex any more than the con- venience food restaurant did. As to standard (c) regarding the impact on the normal and orderly development of surrounding property, it should be noted that all sur- rounding property is actually developed. (The finger of land that exists along the south side of the site actually belongs to the apartment complex to the east and is required for density purposes). As the preceding discussion of the Comprehensive Plan makes clear, the proposal does not facilitate the redevelopment of this area in fashion conforming with the Plan. One bright note is that two sites will now be under one ownership which may reduce complications of assembly land for a redevelop- ment proposal. On balance, staff must conclude that the special use permit standards are generally met. Approval of this application should be subject to at least the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. Building plans are subject to review and approval by the Building Official with respect to applicable codes 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 sub= mitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equip- ment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 2-13-86 -2- Application No. 86006 continued 6. New Parking delineators shall be surrounded by B612 curb and gutter in accordance with City Ordinance. 7. Site landscaping, including the underground irrigation system, shall be restored to the original Arthur Treacher's site landscape plan prior to release of the performance guarantee or a new landscape plan shall be submitted for review and approval prior to the completion date in the performance agreement. 2-13-86 -3- 77— 'k- . ip -n 0 R SON I heC,*by'co,1l1',,lh this plan a iti, lion :I i1LUP D. JOHN P* port was archftect dPfrj,%�ar'edP0br t supervision v me or under my 37 trook" V0UWvSrM vision and that I red architect under the=1 thestateof �,ta3 Minnesota. . , ran nm