Planning Report

Date:	September 18, 2001

Case:	SP 01 - 14

Subject:	Special Use Permit and Site Plan

Applicant:	Mr. Bob Smith

Request

To hold a public hearing and consider requests for a Special Use Permit to allow an automotive service and repair center at 2350 Palmer Drive (South China Island Inn restaurant). Mr. Bob Smith, the operator of the Amoco at 1201 Silver Lake Road, is proposing to remodel to facilitate traffic through the building from the east side to the west side of the building. All repairs are proposed to be inside the existing structure.

Findings

Section 5-240, Specially Permitted Uses in a B-3 District

Section 8-130, Special Use Standards

Section 5-580, Special Requirements in Business Districts

Section 9-080, Commercial Zoning Districts (signs)

Past Action

On June 27 2000, The City Council considered a request for a gasoline station, car wash and convenience store on the site. The City Council denied the application.

Site Characteristics

1.	Location:	2350 Palmer Drive

2.	Lot Size:	1.71 acres or 74,595 square feet

3.	Topography:	Flat

4.	Vegetation:	None

5.	Sensitive Areas:	None

Site History

1.	Past Uses:	Restaurant

Departmental Considerations

Community Development

1.	Existing Use:	Restaurant

2.	Proposed Use:	Service station (no gasoline sales)

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

Allowed: 100% Proposed: 14%

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

6.	Parking stalls:	Required: 9 x 18 feet	Proposed: 9 x 18 feet

7.	Parking Spaces Required:	Required: 33 Stalls	Proposed: 26 Stalls

There is ample space for additional parking; the applicant has agreed to work with staff to stripe the proper amount of stalls and to remove some of the unneeded paved area.

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

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

The one-way aisle is located on the north side of the building. These areas should be marked with signage directing traffic in one direction (see attached plan).

10.	Total Drives:	There are currently two (2) driveway entrances to the site off of Palmer Drive.

11.	Drive Size:	Drive entrance widths are 25-30 feet wide. The City Code requires a maximum curb cut width to be 36 feet; each curb cut meets the minimum requirement.

12.	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. Perimeter curbing shall be required to the edge of any removed pavement on the site.

13.	Landscaping/Screening:	Staff 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. This includes the area south of the parking areas and to the east so as to screen the use from the single family homes.

14.	Impact on Surrounding Land Uses:	Noise from the automotive repair facility may impact the residential homes to the north.

15.	Comp Plan Designation:	Commercial

16.	Zoning:	B-3, General Business

17.	Other Considerations:	Possible Moratorium on Development in the Brighton Village Shopping Center area. See minutes from September 11, 2001 City Council Meeting.

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:	not applicable

6.	Environmental Concerns:	None

7.	MPCA:	NA

8.	Other Considerations:	None

Parks

1.	Proximity of Parks:	1/4 mile south of Freedom Park

2.	Impact on Parks:	None

3.	Impact on Community Facilities:	None

4.	Other Considerations:	None

Forestry

1.	Tree Identification:	None

2.	Diseased Trees:	None

3.	Tree Preservation:	None

4.	Proposed Trees:	additional screening to be reviewed and approved by City Staff.

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

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 use is 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. This site will be served by existing utilities, and as demonstrated above, will comply with all applicable zoning code requirements.

The subject site is zoned B-3, General Business, in which Automotive Services is a use allowed by special use permit.

Section 5-580. Special Requirements in Business Districts

All business, storage, service, repair or processing, or merchandising display shall be conducted wholly within an enclosed building or behind a solid fence not less than five feet high except for establishments of a drive-in type offering goods or services directly to customers and except for off-street parking and loading. There shall be no outside storage of merchandise of any kind.

Where a business structure or use abuts upon an R-l or R-2 Residential District, there shall be a protective strip of not less than 25 feet in width established as a buffer zone. This buffer zone shall be kept landscaped, contain no structures, and shall not be used as a parking lot, off-street loading, or storage. The residential area to the north of the site is buffered by a small berm, planted vegetation, and a 6-foot fence; see attached photo.

Signage

Sign design plans have not 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 recommend approval to the City Council SP 01-14 subject to compliance with the following conditions:

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

2.	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.

3.	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.

4.	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. Existing and any additional lighting must be submitted for approval by City Staff.

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

6.	Any new utility hook ups shall be done per approval of the City Engineer.

7.	The applicant shall work with City Staff to remove unneeded pavement to decrease impervious surfaces and to assist with buffering adjacent land uses.

Denial

Motion to waive the reading and recommend denial of SP 01-14 to the City Council.

Staff Recommendation

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

Patrick Boylan, Intermediate City Planner