Planning Report

Date:	June 20, 2000

Case:	SP00-8, LP00-8 & NC00-4

Subject:	Special Use Permit, Site Plan & Nonconforming Use Permit

Applicant:	Bob Smith

Request

To hold a public hearing and consider requests for the following:

1.	Site Plan. To reconfigure driving lanes and install new gas pumps.

2.	Special Use Permit. For the sale of gasoline.

3.	Nonconforming Use Permit. The existing front yard setback for green space is not met (30 feet required and the existing setback is 10-15 feet).

The purpose of these requests is to remodel the South China Inn restaurant into a convenience store and car wash, including the installation of new gas pumps on the west side of the existing building. The convenience gasoline station would be open 24 hours and the car wash is proposed to be open from 6:00 am to 11:00 pm.

The applicant had originally requested a variance on the north property line to extend a turning lane into the setback. However, the applicant has withdrawn that request and is in the process of revising the plans to meet the setback, eliminate one of the car wash bays, and eliminate one driveway entrance. The revised plans will be handed out at Tuesday night's meeting.

Findings

Section 3-130, Special Use Standards

Section 8-010, Site Plan

Section 8-410, Nonconforming Use

Section 11-020, Parking Standards

Site Characteristics

1.	Location:	2350 Palmer Drive

2.	Lot Size:	1.7 acres or 74,595 square feet

3.	Topography:	Flat

4.	Vegetation:	None

5.	Sensitive Areas:	None

Site History

1.	Past Uses:	Restaurant

2.	Historical Significance:	Long time New Brighton business

Departmental Considerations

Community Development

1.	Existing Use:	Restaurant

2.	Proposed Use:	Gas station/convenience grocery & car wash

3.	Surrounding Land Uses:

North:	Medium density residential (townhomes)

South:	General Business

East:	Single Family Residential

West:	General Business

4.	Density/FAR:	Building area: 5,987 square feet

Canopy area: 4,340 square feet Allowed: 100% Proposed: 14% including canopy and building

5.	Building Setbacks:	Required: 30 feet	Existing: 33 feet

6.	Canopy Setbacks:	Required: 30 feet	Proposed: 30 feet

7.	Parking Setbacks (Front):	Required: 30 feet	Existing: 10-15 feet

Side Yard	Required: 5 feet	Proposed: 5 feet

Rear Yard	Required: 25 feet	Proposed: 25

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

9.	Parking Spaces Required:	Required: 22 Stalls	Proposed: 45 Stalls

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

11.	Aisle Size (one-way):	Required: 14 feet	Proposed: 14 feet

The one-way aisles are located on the north and south side of the gasoline pumps. These areas should be marked with signage directing traffic in one direction (see attached plan).

12.	Total Drives:	There are currently two (2) driveway entrances to the site off of Palmer Drive. The applicant is proposing to add one additional entrance near the west property line to provide two entrance/exits out of the gasoline service island area. City Code requires no more than 2 curb cuts per lot, unless authorized by the City Council for additional curb cuts. Additionally, a 50-
foot separation is required between curb cuts. The proposed distance between the proposed curb cut and the existing curb cut to the west on the existing Amoco site is just 40-feet. Therefore, staff is recommending that no additional curb cuts be made. Any additional curb cut should match the existing curb cut on the south side of Palmer Drive out of the Champps restaurant site.

13.	Drive Size:	Drive entrance widths are 25-30 feet wide. Section 11-020. h)10. Of the City Code requires a maximum curb cut width to be 36 feet, therefore, each curb cut meets the minimum requirement.

14.	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.

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

16.	Landscaping/Screening:	The forester has reviewed the landscape plan and suggests working with the applicant to "fill in" certain areas with coniferous and deciduous trees along the 25-foot buffer strip to provide screening of the site.

17.	Impact on Surrounding Land Uses:	Noise from the car wash may impact the residential homes to the north. The entrance to the car wash faces the residential homes to the north. As required with other car wash facilities located adjacent to residential areas, the garage doors should remain closed until the complete car wash cycle, including the blower/dryer is finished. This shall be made a condition of approval for the Special Use Permit.

18.	Comp Plan Designation:	Commercial

19.	Zoning:	B-3, General Business

20.	Other Considerations:	None

Public Works

1.	Streets:	None

2.	Utilities:	Sewer connection is existing.

3.	Easements:	NA

4.	Grading/Drainage:	No changes are proposed

5.	Rice Creek Watershed District:	Shall be required as a condition of approval

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:	None

4.	Proposed Trees:	None

5.	Landscape Plans:	The forester has reviewed the landscape plan and suggests working with the applicant to "fill in" certain areas with coniferous and deciduous trees along the 25-foot buffer strip to provide screening of the site.

6.	Other Considerations:	None

Staff Comments

Nonconforming Use Permit

It is recognized that there are uses of land, structures, and combinations which were lawfully established and which do not now comply with all applicable portions of the City Code. The subject site is an example of such a use. While it is recognized that such nonconforming uses may not be summarily terminated, it is the purpose of Section 8-410 to discourage their survival. Further, the Code requires, at a minimum, the reduction of the impact of the nonconforming use.

The nonconformities that exist on the subject site include the following:

a.	The existing setbacks for the parking area and drive aisles do not meet the required thirty (30) foot front yard setback. The existing setback for the front yard is 10-15 feet.

The applicant is not proposing to address the nonconformities on the site. In the area where the pump islands are proposed, the applicant feels that the site is too narrow in its depth to provide additional green space, particularly given the required 25-foot green space requirement on the north side of the lot. However, there is adequate room to the east side of the building along the boulevard to expand the green area to meet the 30-foot green space requirement. Therefore, any condition of approval should require the expansion of green space in this area.

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.

The proposed uses are allowed by special use permit in the B-3 Zoning District. The Zoning Ordinance further requires a 25-foot buffer area to provide landscaping and screening between residential and commercial uses. The applicant is proposing to maintain the 25-foot buffer area, and increase the plantings within it. However, it will take up to 10 years for the landscaping to provide an adequate screen of the gas pump and canopy area. Once the landscaping becomes mature, it may muffle noise from the car wash, and gas pump areas so as not to be detrimental to the public health and safety, and will not negatively effect property values in the area. This site will be served by existing utilities, and as demonstrated above, will comply with all applicable zoning code requirements.

It should be mentioned that in 1983, 1985, and 1995 the City denied applications by Tom Thumb to construct gasoline pumps associated with their store located on Old Highway 8, south of City Hall. Reasons cited included the following:

a.	Proximity of single family homes on three sides of the site, including across Old Highway 8.

b.	Increase in lighting and traffic would be detrimental to the adjacent properties.

c.	On-site traffic patterns were hazardous.

d.	The proposed use would create fumes which would detract from the enjoyment and use of nearby residential uses.

e.	Litter problems that already existed on the site.

f.	Increase in noise.

g.	Did not comply with intent of the B-2, Neighborhood Business Zoning District.

Please note that the above mentioned Tom Thumb site was zoned B-2, Neighborhood Business. The Zoning Ordinance was recently (1998) revised to not allow gasoline sales in the B-2 Zoning District. The subject site is zoned B-3, General Business, in which gasoline sales is a use allowed by special use permit.

Canopy lighting

Section 11-010.f. of the New Brighton Zoning Ordinance requires site illumination to not exceed .4 foot-
candles at ground level when measured at an adjoining residential property. Also, 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. Given the proximity of the canopy to the adjacent residential homes, the canopy lighting must be recessed into the canopy, so as not to be visible from the adjacent property. The applicant, as a conditional of approval must submit a lighting plan to comply with Section 11-010.f of the Zoning Ordinance, in particular the lighting shall not exceed .4 foot candles along the north property line.

Car Wash Doors

The proposed car wash entrance faces the north, which as mentioned is a residential area. The machinery from car washes tend to be very noisy. Therefore, in an effort to prevent the noise from disturbing the adjacent residential landowners, the car wash entrance door must be closed during the operation of the car wash, and may not be opened until all car wash machinery, especially the blowers, are turned off.

Signage

No signage has been proposed at this time. All signage shall be required to meet the provisions of the Sign Ordinance Sections 9-010 through 9-180.

Recommendation - Alternatives

Approval

Motion to waive the reading and adopt the attached resolutions recommending approval of NC00-4 and SP00-8 subject to compliance with the following conditions:

1.	Hours of operation of the car wash shall be from 6:00 am to 11:00 pm.

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

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

4.	The one-way areas on the parking lot should marked with signage to direct traffic.

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

6.	The applicant shall work with the City Forester to "fill in" certain areas with coniferous and deciduous trees along the 25-foot buffer strip to provide screening of the site.

7.	The applicant shall utilize the existing curb cuts on the site to provide access. The proposed new curb cut near the west property line may not be installed.

8.	The boulevard on the east side of the building shall be expanded to meet the 30-foot green space setback requirement.

9.	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.

10.	Canopy lighting for the Convenience Store must be recessed into the canopy so as not to be visible from adjacent properties.

11.	The applicant must submit a lighting plans showing lumen levels over the entire site. Said on-site lighting shall not exceed .4 foot candles along the north property line.

12.	The car wash exit door must be closed during the operation of the car wash, and may not be opened until all car wash machinery, especially the blowers, are turned off.

13.	All signage shall be required to meet the provisions of the Sign Ordinance Sections 9-010 through 9-180.

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

15.	Utility hook ups shall be done per approval of the City Engineer.

Denial

Motion to waive the reading and adopt the attached resolutions recommending denial of NC00-4 and SP00-8.

Staff Recommendation

Staff recommends approval of the request subject to the conditions outlined above.

Cary K. Teague, City Planner