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.