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HomeMy WebLinkAbout1993-034 CCR1 1 1 its adoption: Member Kristen Mann introduced the following resolution and moved RESOLUTION NO. 93 -34 RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 92 -267 AND APPROVING PLANNING COMMISSION APPLICATION NO. 92001 AND 92003 SUBMITTED BY PHILLIPS 66 COMPANY WHEREAS, Planning Commission Application No. 92003 was submitted by Phillips 66 Company originally requesting a variance from Section 35 -400 of the Zoning Ordinance at 6901 Brooklyn Boulevard to allow a building setback of 28 feet rather than 50 feet from the Brooklyn Boulevard right -of -way; and WHEREAS, said application was submitted in conjunction with two other applications also submitted by Phillips 66 Company, Application No. 92001 which involved a request for a special use permit and site and building plan approval and Application No. 92002 which involved a request for preliminary plat approval to transfer a triangular shaped portion of the property to a neighboring parcel of land; and WHEREAS, Application No.'s 92001, 92002, 92003 were all tabled by the City Council, with the applicant's consent, on February 10, 1992 to study possible ordinance amendments and to address redevelopment issues on Brooklyn Boulevard; and WHEREAS, In October, 1992 the applicant revised its site plan under Application No. 92001 by re- arranging the building location and revised its variance proposal under Application No. 92003 by abandoning the building setback variance request and instead requesting a variance from Section 35 -700 of the Zoning Ordinance to allow a greenstrip less than 15' from the Brooklyn Boulevard and 69th Avenue rights -of -way; and WHEREAS, after reviewing the revised proposals the City Council on November 23, 1992 adopted Resolution No. 92 -267 which made certain findings and denied the requested variance under Planning Commission Application No. 92003 submitted by Phillips 66 Company on the basis of those findings; and WHEREAS, the City Council has received the Brooklyn Boulevard redevelopment study which was prepared by the consulting firm of Dahlgren, Shardlow, and Uban, Inc. (DSU) which makes certain recommendations that affect the redevelopment of 6901 Brooklyn Boulevard; and WHEREAS, the City Council desires to rescind Council Resolution No. 92 -267 and reconsider the greenstrip variance requested under Planning Commission Application No. 92003. 1 1 1 RESOLUTION NO. 93 -34 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to rescind City Council Resolution No. 92 -267 and grant site and building plan approval and a special use permit to construct a gas station /convenience store /car wash at 6901 Brooklyn Boulevard subject to the following conditions: 1. The recommendations contained in the Brooklyn Boulevard redevelopment study prepared by DSU give cause for the reconsideration of the greenstrip variance comprehended under Planning Commission Application No. 92003. 2. The City Council finds that the standards for variance contained in Section 35- 240, subdivision 2 of the Zoning Ordinance are met in that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that they would not be able to develop the property in a reasonable manner. 3. The granting of the variance is conditional on the applicant providing the following: a) An 8' high brick wall along the west property line; and b) A brick exterior to the proposed building and car wash; and c) A brick wall along Brooklyn Boulevard matching the brick of the building and the wall along the west property line; and d) The three (3) parking spaces located in the southeast corner of the property be treated as proof of parking and further that the same area be included in the landscape plans submitted for the site; and e) A corner landscape node be created to include seating for pedestrians; and f) All building materials and landscape plans to be used in compliance with the terms and conditions of the variance be approved by the Director of Community Development 4. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. RESOLUTION NO. 93 -34 6. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 7. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 8. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 9. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 10. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 11. B612 curb and gutter shall be provided around all parking and driving areas. 12. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 13. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 14. The special use permit is granted to Phillips 66 Company for a gas station /convenience store /car wash at 6901 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require an amendment to this special use permit. 15. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 16. The replat of the property containing the dedication of 18' of right -of -way along 69th Avenue North shall receive final approval and be filed at the County prior to the issuance of permits. 1 1 RESOLUTION NO. 93 -34 17. The plans shall be modified prior to the issuance of building permits to indicate: a. A connection of the two trench drains adjacent to the car wash to the storm sewer system. March 8, 1993 Date b. The canopy shall have no illumination band on the sides. c. The triangle of land to be transferred to the neighboring property to the north shall not be fenced into the Phillips 66 site, though it must be landscaped and maintained by Phillips until a new owner is present. ATTEST: K /Yl Deputy Clerk Mayor The motion for the adopting of the foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.