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HomeMy WebLinkAbout2020-061 CCR Memberintroduced the following resolution and adoption: RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2020-006SUBMITTED BY MATT DURAND FOR APPROVAL OF A SITE AND BUILDING PLAN AND ISSUANCE OF A SPECIAL USE PERMIT FOR A STANDALONE CAR WASH ON BUILDING SITE E WITHIN THE SHINGLE CREEK CROSSING PUD (1080 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2020-006, submitted by Matt Durand (“the Applicant”), requests review and consideration for approval of a site and building plan and issuance of a Special Use Permit for an approximately 3,667-square foot standalone car wash onthe 0.92 acre Building Site E within the Shingle Creek Crossing Planned Unit Development located at 1080 Shingle Creek Crossing (“the Subject Property”); and WHEREAS, the Subject Property is situated in the PUD (Planned Unit Development) / C2 (Commerce) District, where car washes are only permitted through issuance of a Special Use Permit under City Code Section 35-322 (C2 Commerce District), and so long as said use does not abut an R1, R2, or R3 District property, including abutment at the street line,and WHEREAS, standalone car washes as permitted within the Central Commerce Overlay District, where the Subject Property is located; and WHEREAS, Planning Commission Application No. 2020-002 was approved by City Council on June 8, 2020, and approved amendments to the Shingle Creek Crossing Planned Unit Development plans and documents to reflect updates to the building and site configuration of Building Site E andtheuses allowed on Building Site E in preparation of the requested car wash use and to facilitate the submittal of Planning Commission Application No. 2020-006; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on July 9, 2020, whereby a planning staff report and Assistant City Engineer’s memorandum were presented and public testimony regarding the site and building plan and Special Use Permit requests were received; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Sections 35-230 (Plan Approval), 35-322 (C2 Commerce District), 35-355 (Planned Unit Development), and 35-2240 (CC Central Commerce Overlay District) of the City’s Zoning Ordinance,along with consideration of the goals and objectives of the City's 2040 Comprehensive Plan, the Planning Commissionofthe City of Brooklyn Center, Minnesota,considers this Site and Building Plan an appropriate and reasonable improvement to the currently vacant Subject Property; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota RESOLUTION NO. consideredthe Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this Special Use Permit contained in Section 35-220 (Special Use Permit)of the City’s Zoning Ordinance, and the request complies with the generalgoals and objectives of the City’s 2040 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Councilof Brooklyn Center, Minnesotathat Planning Commission Application No. 2020-006, submitted by Matt Durand,be approved based upon the following considerations: 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, and 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. BE IT FURTHER RESOLVED bythe City Council ofBrooklyn Center, Minnesota to recommendthat Planning Commission Application No. 2020-006, submitted by Matt Durand for approval of a site and building plan and issuance of a Special Use Permit to construct and operate an approximately 3,667-square foot standalone car wash on Building Site E within the Shingle Creek Crossing PUD, and also known as 1080 Shingle Creek Crossing, be approved subject to the following conditions and considerations: 1.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. a.The Shingle Creek Crossing Master PUD plan set, Declarations, and documents shall be updated to reflect changes approved under Planning Commission Application Nos. 2020-002 and 2020-006. An updated master plan set shall be provided for City records and prior to issuance of any building permits for the proposed car wash. i.Update the civil set to reflect requirements and redline comments from the Assistant City Engineer in his memorandum, dated July 6, 2020, and RESOLUTION NO. requests to narrow the stacking lane median and main drive aisle. ii.Provide updated landscape and photometric plans that are in agreement with the PUD masterplans and per comments addressed in the staff report dated July 9, 2020. iii.An irrigation plan is to be submitted as part of any building permit submittal for the proposed car wash and said system is to be maintained. b.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. 2.Unless otherwise determined, Property Owner/Applicant shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards comprehended under this Site and Building Plan approval. 3.A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 4.The Applicant shall submit an as-built survey of the Subject Property, as well as any improvements and utility service lines, prior to the release of the Performance Agreement financial guarantee. 5.The Applicant agrees to comply with all conditions or provisions noted in the Assistant City Engineer’s Review memorandum, dated July 6, 2020. a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City’s Engineering Division. b.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6.Any outside trash disposal facilities or roof top or on ground mechanical building equipment shall be appropriately screened from view. 7.The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 8.The civil and architectural plans shall meet minimumMinnesota ADA compliance standards. 9.The Applicant shall provide additional documentation as relates to anticipated noise levels for car wash equipment and vacuums, and provide a plan for addressing trash and litter on-site. RESOLUTION NO. i.The Applicant will conform to any applicable noise standards and any additional permitting needs from the Minnesota Pollution Control Agency (MPCA) and adhere to any City ordinance requirements. ii.No outside broadcasting of music or announcements, other than as necessary at pay stations, shall be permitted. 10.All signage is to comply with Shingle Creek Crossing Signage Guidelines and Chapter 34 of the City Code, and any new or relocated signage is to be approved by the City by issuance of a sign permit. July 27, 2020 DateMayor ATTEST: City Clerk Themotionfortheadoption of theforegoing resolution was duly seconded by member and upon vote beingtaken thereon, the followingvoted in favor thereof: and the following voted againstthesame: whereupon said resolution was declared duly passed and adopted.