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HomeMy WebLinkAbout2024-63 CCRMember Jerzak introduced the following resolution and moved its adoption: RESOLUTION NO. 2024-63 RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO. 2024-003 FOR ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW FOR A TIRE INSTALLATION AND AUTO DETAILING SHOP (5927 JOHN MARTIN DRIVE) WHEREAS, Planning Commission Application No. 2024-003, submitted by Lin Shuang LLC ("the Applicant") requests review and consideration of an application requesting issuance of a conditional use permit for the approximately 3,700-square foot former Tires Plus tenant space located at 5927 John Martin Drive ("the Subject Property"), as legally described in Exhibit A attached hereto, that would allow for the re -use of the space as a tire installation and auto detailing shop; and WHEREAS, the Subject Property is situated in the City's TOD (Transit Oriented Development) District, and following a review of Section 35-4103 (Allowed Use Table), the use is categorized as an "automobile and truck repair and service station," which is allowed through approval of a conditional use permit in the aforementioned district; and WHEREAS, a public hearing notice was published in the Brooklyn Center Sun Post on April 25, 2024, mail notifications were sent to adjacent property owners and physical properties, and notice was provided for on the City's website and email bulletins; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on May 9, 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 permits 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, the Opportunity Site Infrastructure Framework, 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 Application No. 2024-003, submitted by Applicant Lin Shuang LLC: a) The proposed use is substantially similar in nature to the former occupant of the tenant space, Tires Plus, who operated at the Subject Property for approximately 30 years and adjacent to a restaurant and buffet, which occupies the other tenant space to this day, 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); RESOLUTION NO.2024-63 b) The proposed use is allowed through approval of a conditional use permit in the TOD 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, and the Applicant has indicated that all work, will take place within the designated tenant space and not out in the parking lot; 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 or as the Opportunity Site, where the Subject Property is located, develops out in the future; g) Adequate measures have been taken to provide ingress, egress, and parking so designated as to minimize traffic congestion in the public streets, and to ensure no customer or staff parking is permitted on 5939 John Martin Drive, which shares a driveway and access with the Subject Property, but is intended for future redevelopment; h) Impacts such as noise, hours of activity, and exterior light have been either sufficiently addressed to mitigate impacts on nearby uses, or will be addressed as a condition of approval; 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 Plaiming Commission Application No. 2024- 003 for the requested conditional use permit, which would allow for a tire installation and auto detailing shop at 5927 John Martin Drive, and conditioned on compliance with all of the following: 1. The Applicant and Property Owner shall adhere to the provisions as outlined under Section 35-7700 (Conditional Use Pere it), and shall coordinate with City staff to file a copy of the City Council resolution approving the requested conditional use permit for the tire installation and auto detailing shop, 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. No auto repair or detailing work shall take place in the parking lot or drive areas. b. Per Section 35-4303 (Non -Residential Uses), motor vehicles which are being RESOLUTION NO.2024-63 serviced may be parked in an appropriate outdoor location on the Subject Property for a maximum period of 48 hours at any one time. 2. Any major changes or modifications made to the 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. a. Applicant and Property Owner shall work with City staff to provide exterior site lighting in accordance with Section 35-5400 (Exterior Lighting). b. Applicant and Property Owner shall work with City staff to address the filling of any potholes located within the parking lot and shared drive areas, and any re -striping shall comply with Section 35-5504 (Parking Space Standards) and Minnesota Accessibility Code provisions. c. The existing trash enclosure located at the south end of the Subject Property shall be removed as it is in poor condition. Should a replacement enclosure be required, the Applicant and Property Owner shall work with City staff to ensure the enclosure fully screens any dumpsters, meets setback requirements, and utilizes fully opaque screening. 3. 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. A SAC Determination shall be submitted by the Applicant to the Metropolitan Council and any associated fees paid at time of any permit issuance. b. Any outside tire storage shall be screened and in compliance with Minnesota Building and Fire Code standards. 4. The Applicant and proposed tenant shall coordinate with the Minnesota Pollution Control Agency (MPCA) and Hennepin County Hazardous Waste for any requirements relating to the tire installation and auto detailing shop, including, but not limited to: reinstallation of sand and oil interceptor, trench drains, etc. 5. The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall conform to City requirements. RESOLUTION NO. 2024-63 May 28, 2024 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Butler and upon vote being taken thereon, the following voted in favor thereof: Butler, Graves, Jerzak, Kragness, Lawrence -Anderson and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.