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Home My WebLink About2024-35 CCRMember Jerzak introduced the following resolution and moved its adoption: RESOLUTION NO. 2024-035 RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO. 2024-001 FOR CONVERSION OF THE FORMER BIG O TIRES TO A STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DIVISION OF DRIVER AND VEHICLE SERVICES INSPECTION STATION (LOCATED AT 5501 XERXES AVENUE NORTH) WHEREAS, Planning Commission Application No. 2024-001, submitted by Totem Foods, Inc (“the Applicant”) and in coordination with proposed tenant, the State of Minnesota Department of Vehicle Safety (DPS), requests review and consideration of an application requesting issuance of a conditional use permit for the former Big O Tires located at 5501 Xerxes Avenue North (“the Subject Property”), as legally described in Exhibit A attached hereto, that would allow for a re- use of the building as a State of Minnesota Driver and Vehicle Services (DVS) inspection station; and WHEREAS, the Subject Property is situated in the City’s MX-C (Commercial Mixed- Use) District, and, as the use is unlisted as outlined under Section 35-4100 (Use Regulations), the use shall be considered “prohibited,” unless the City Council determines that the use is substantially similar in nature and its potential impacts on the surrounding community as an existing use are addressed; and WHEREAS, following a review of Section 35-4103 (Allowed Use Table), the closest use to the proposed vehicle inspection station appeared to be that of an “automobile and truck repair and service station,” which is allowed through approval of a conditional use permit in the MX-C District; and WHEREAS, a concept review was held at the January 8, 2024 City Council meeting where a high-level overview of the proposal was provided and questions posed regarding the use and the determination that the proposed use appeared substantially similar to that of an automobile and truck repair and service station, and the City Council was supportive of the requested re-use of the Subject Property; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on February 8, 2024, whereby a planning staff report was presented and public testimony regarding the conditional use permit were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the conditional use permit request in light of all testimony received, the guidelines and standards for evaluating the conditional use permit contained in Section 35-7700 (Conditional Use Permit), the City’s 2040 Comprehensive Plan, as well as information provided by the Applicant with respect to the proposed use’s operations and any potential impacts, and the request generally satisfies the criteria as outlined within the above Sections; and WHEREAS, the City Council finds as follows regarding Planning Commission RESOLUTION NO. 2024-035 Application No. 2024-001, submitted by Totem Foods, Inc: a) The proposed use is substantially similar in nature and its potential impacts on the surrounding community as an “automobile and truck repair and service station” are addressed as set forth within Section 35-4103 (Allowed Use Table); b) The proposed use is allowed through approval of a conditional use permit in the MX-C District; c) The conditional use, as proposed, will be in accordance with the general objectives of the City’s Comprehensive Plan and the City’s Unified Development Ordinance; d) The establishment, maintenance, or operation of the conditional use will promote or enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort; e) The conditional 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; f) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district; g) Adequate measures have been taken to provide ingress, egress, and parking so designated as to minimize traffic congestion in the public streets; h) Impacts such as noise, hours of activity, and exterior light have been sufficiently addressed to mitigate impacts on nearby uses; and i) The conditional use will conform to the applicable regulations of the district in which it is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that it hereby approves Planning Commission Application No. 2024- 001 for the requested conditional use permit, which would allow for the conversion of the former Big O Tires to a State of Minnesota Department of Public Safety Division of Driver and Vehicle Services inspection station at 5501 Xerxes Avenue North, and conditioned on compliance with all of the following: 1. Any major changes or modifications made to the previously approved site and building plan, and as outlined within the City Code, can only be made by an amendment to the approved site and building plan as approved by the City Council. The Applicant and Property Owner shall work with City staff to address: a. Exterior modifications to the building that meet City Code requirements with respect to building materials in accordance with 35-5203 (Building Materials); b. Exterior site lighting in accordance with Section 35-5400 (Exterior Lighting); and c. The re-striping of the surface parking lot as necessary to provide sufficient parking for the use, clear circulation, and on-site directional signage to RESOLUTION NO. 2024-035 minimize confusion by customers. 2. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits, and as provided for within the Building Official’s memorandum dated February 2, 2024. 3. The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met with respect to the proposed modifications to the building. 4. A SAC Determination shall be submitted by the Applicant to the Metropolitan Council and any associated fees paid at time of any permit issuance. 5. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and a detail sheet provided. 6. The Applicant shall coordinate with the adjacent property owner located at 5515 Xerxes Avenue North to determine necessity of or amendment to a shared access agreement for the driveway access off Xerxes Avenue North. 7. The Applicant and Property Owner shall adhere to the provisions as outlined under Section 35-7700 (Conditional Use Permit), and coordinate with City staff to file a copy of the City Council resolution approving the requested conditional use permit, along with a legal description of the Subject Property for which the permit was issued, and list of any conditions set forth by City Council as a condition of said conditional use permit. A certified copy shall be recorded by the Applicant with the Hennepin County Recorder-Registrar of Titles within 60 days of approval of said resolution. a. Issuance of a conditional use permit for the Subject Property shall be limited to the inspection of passenger type motor vehicles and the operator shall not conduct inspections of larger vehicles (e.g. semis, recreational vehicles, buses). 8. The Applicant shall ensure appointments are scheduled so as to avoid blocking the shared driveway (Xerxes Avenue North), adjacent private road, public sidewalks, or queuing vehicles in the City right-of-way. Should any of the aforementioned issues arise, City staff may request a review of its on-site operations and spacing of appointment windows. 9. The Applicant shall submit a Sign Permit Application for any proposed new or replacement signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall conform to City requirements. EXHIBIT A Legal Description of Subject Property Tract G, Registered Land survey No. 1419, Hennepin County, Minnesota; An undivided 46, 197/336,308ths interest in and to: Tracts F and I, Registered Land Survey No. 1419, Hennepin County, Minnesota. Property ID No.: 03-118 -21-44-0033 Torrens Certificate No. 1559989