Planning Report

Date:	June 15, 1999

Case:	SP-213 & LP-355

Subject:	Special Use Permit and Site Plan Review

Applicant:	Hollywood Video

Request

Hollywood Video is requesting a Special Use Permit and Site Plan Review for the purpose of constructing a Hollywood Video store at the northeast corner of the intersection of Silver Lake Road and Rice Creek Road. The Special Use Permit is requested for the purpose of reducing the side street setback for the parking lot off of Rice Creek Road to 15-feet.

Findings

Section 8-010, Site Plan

Section 11-010, Parking Standards

Site Characteristics

1.	Location:	The northeast corner of Silver Lake Road and Rice Creek Road (2051 Rice Creek Road)

2.	Lot Size:	30,000 square feet

3.	Topography:	Flat

4.	Vegetation:	None

5.	Sensitive Areas:	None

Site History

1.	Past Uses:	Gas station (currently vacant)

2.	Historical Significance:	None

Departmental Considerations

Community Development

1.	Existing Use:	Vacant

2.	Proposed Use:	Video Rental

3.	Surrounding Land Uses:

North:	Single Family Residential (R-2, Two Family Residential)

South:	Church (R-1, Single Family Residential)

East:	Single Family Residential (R-1, Single Family Residential

West:	Super America (B-3, General Business)

4.	Density/FAR:	Building area: 5,026 square feet

Lot Area: 30,000 square feet

Allowed: 100%

Proposed: 17%

5.	Building Setbacks:	Complies

6.	Structure Setbacks (Front):	Required: 30 feet

(Silver Lake & Rice Creek Road)	Proposed: 30 feet

Structure Setbacks (Side & Rear):	Required: 25 feet

(North and east)	Proposed: 30+feet

7.	Parking Setbacks

(Side yard street-Rice Creek Rd.)	Required: 30 feet or 15 feet by special use	Proposed: 15 feet

(Rear & Side yard)	Required: 25 feet	Proposed: 25 feet

8.	Stall Size:	Required: 9 x 18 feet / Proposed: 9 x 18 feet

9.	Parking Spaces Required:	Required: Stalls / Proposed: Stalls

10.	Aisle Size (Two-way):	Required: 24 feet / Proposed: 24 feet

11.	Total Drives:	Two (2) driveway entrances are proposed to the site. One off of Silver Lake Road, and one off of Rice Creek Road.

12.	Drive Size:	Drive entrance widths are 24 feet. Section 11-020. h)10. Of the City Code requires a maximum curb cut width to be 36 feet, therefore, the proposed entrances meet the City Code requirement.

13.	Concrete Curbing:	Per Section 11-020.b of the Zoning Ordinance, all off-street driving, loading and parking areas must be constructed with a concrete curb. The applicant is proposing perimeter curbing on the site.

14.	Parking Area Surface:	The applicant is proposing to pave the entire parking surface area.

15.	Landscaping/Screening:	The applicant is proposing to screen the property to the north with a staggered row of six foot Scotch Pines. Additionally, there is an existing wood fence that provides some screening to the property to the north. To the east, the applicant is relying on an existing row of trees/bushes with Scotch Pine planted in an area where the existing foliage is sparse.

The applicant is proposing some minor similarities to the landscaping proposed at the adjacent Super America site by planting Mint Julep Junipers around the Pylon Sign located on Rice Creek Road and planting three Snow Drift Crabs in the front of the building. However, staff is recommending that the landscape plan be revised to mirror the landscaping on the Super America sight by including Mint Julep Junipers around the Pylon Sign on Silver Lake Road and constructing a brick and iron picket fence to match the fence at Super America.

16.	Impact on Surrounding Land Uses:	Commercial use adjacent to single family residential uses will have some impacts in terms of noise and light.

17.	Comp Plan Designation:	Commercial (see discussion below regarding current update of Comprehensive Plan).

18.	Zoning:	B-3, General Business

19.	Other Considerations:	None

Public Works

1.	Streets:	None

2.	Utilities:	Sewer & water is available.

3.	Easements:	NA

4.	Grading/Drainage:	Grading and drainage shall be subject to review and approval of the City Engineer.

5.	Rice Creek Watershed District:	No permit required

6.	Environmental Concerns:	None

7.	MPCA:	NA

8.	Other Considerations:	None

Parks

1.	Proximity of Parks:	NA

2.	Proximity to Community Facilities:	NA

3.	Impact on Parks:	None

4.	Impact on Community Facilities:	None

5.	Other Considerations:	None

Forestry

1.	Tree Identification:	None

2.	Diseased Trees:	None

3.	Tree Preservation:	The applicant shall be responsible for replacement of all plant material shown on the landscape plans should they become diseased or die.

4.	Proposed Trees:	None

5.	Other Considerations:	None

Staff Comments

Special Use Permit

As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find:

a.	That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public.

b.	That 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.	That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.	That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e.	That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

Per Section 11-020 of the City's Zoning Ordinance, the City Council may reduce the side street yard setback requirement from 30-feet to 15-feet as part of a site plan, where it is determined no adverse impacts would be created and would be compatible with the planned and existing characteristics of the surrounding streets and land uses. The reduced setback area is adjacent to Rice Creek Road, and should not have a negative or adverse impact on the area. The property to the west (Super America) received a reduced setback off of Rice Creek Road (12 feet) as part of their recent site plan review. Super America was required to install landscaping and fencing within the reduced setback area as a condition of their approval. Hollywood Video is proposing to tie into the landscape plan of Super America by planting Mint Julep Junipers, however, staff is recommending additional planting of Mint Juleps at the pylon sign on Silver Lake Road and tie into the streetscape by constructing a brick and iron picket fence along Silver Lake Road and Rice Creek Road to provide a consistent and esthetically pleasing intersection.

Comprehensive Plan

While the current Comprehensive Plan designates this site for future commercial uses, it should be mentioned that the City is currently working on an amendment to the Comprehensive Plan. In revising the Comprehensive Plan, the City formed a Task Force made up of members of the City's various commissions including the Park Board, Public Safety Commission, Planning Commission etc. The Task Force has considered the future use of this site and recommends that it be designated for Limited Business uses found in the B-1 Zoning District. As such, the proposed Hollywood Video would not be a permitted use, rather it would be a use that may be allowed by Special Use if it were determined that the use was compatible with adjacent land uses. Uses permitted within the B-1, District include Government buildings, Professional and service Occupations (Office), Funeral Homes, Clubs, Schools or Racquet clubs.

Signage

The applicant has not submitted detailed sign plans, however, they will be required to meet all provisions within the Sign Ordinance. The applicant will also be required to obtain a sign permit to construct any proposed signs.

Impact on adjacent property

Concern has been raised by the adjacent residents to the north and east of the proposed site in terms of light and noise from the parking lot negatively impacting on their property. Therefore, consideration may be given to flipping the store and the parking lot so the building is adjacent to the homes to the east and the parking lot faces Silver Lake Road. This could be accomplished without need for a variance. The one concern that would be raised would be that the City Code requires a minimum distance of 50-feet of separation between the right-of-way for an intersection and the curb cut opening. The applicant has some reservations about locating a drive entrance that close to the intersection of Silver Lake Road and Rice Creek Road.

Lighting

Per Section 11-010.f. of the Zoning Ordinance any lighting associated with the off-street parking area (12 spaces or greater) shall not exceed 1 foot candle at ground level over the entire surface of the parking area during nighttime hours. Additionally, Section 8-010 a.6. of the New Brighton Zoning Ordinance requires exterior lighting to be installed so as to prevent direct light from being detectable at the lot line of the site on which the light source is located.

Recommendation

Motion to waive the reading and adopt the attached resolution recommending approval of LP -354 and VN-323 subject to compliance with the following conditions:

1.	Perimeter curbing be installed around the off-street parking area and drive-aisles.

2.	All off-street parking and drive areas be paved with bituminous surface.

3.	Off-street parking stalls must be striped with white or yellow painted lines, not less than four (4) inches wide.

4.	The landscaping plans shall be installed per the submitted plans dated 5-27-99, with the addition of Mint Julep Junipers being planted adjacent to the pylon sign located on Silver Lake Road.

5.	The applicant shall construct a brick and iron picket fence along Silver Lake Road and Rice Creek Road in between the pylon signs to match the brick and iron picket fence to be installed at the Super America site across the street on Silver Lake Road.

6.	The land owner shall be responsible for maintenance of all plant materials shown on the landscape plans dated 5-27-99. Should any of the plant materials become diseased or die, they must be replaced.

7.	Provision of a bond or letter of credit in the amount equal to 100% of the cost to install landscaping, curbing and paving to ensure that these items are installed per the approved plans.

8.	All signage shall be required to meet the provisions of the Sign Ordinance Sections 9-010 through 9-180. The applicant must obtain a Sign Permit for construction of the proposed signs.

9.	The proposed grading plan shall be subject to review and approval of the City Engineer.

10.	Any lighting associated with the off-street parking area (12 spaces or greater) shall not exceed 1 foot candle at ground level over the entire surface of the parking area during nighttime hours. Additionally, exterior lighting must be installed so as to prevent direct light from being detectable at the lot line of the site on which the light source is located.

Cary K. Teague, City Planner