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HomeMy WebLinkAbout1991-267 CCR1 1 1 Member Philip Cohen resolution and moved its adoption: RESOLUTION NO. 91 -267 introduced the following RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 91018 SUBMITTED BY PDO FOOD STORES. INC. WHEREAS, Planning Commission Application No. 91018 was submitted by PDQ Food Stores, Inc. seeking site and building plan and special use permit approval•to build a gas station /convenience store /car wash at the southwest quadrant of T. H. 252 and 66th Avenue North; and WHEREAS, Section 35 -220, Subdivision 2 of the Zoning Ordinance states that a special use permit may be granted by the City Council after demonstration by evidence that all of the five standards for special use permits listed in said section of the ordinance are met; and WHEREAS, this application was considered by the Planning Commission at its September 12, 1991 regular meeting during which a public hearing was held and testimony regarding the request was received; and WHEREAS, the majority of the Planning Commission believed it was necessary to revise the plans submitted by PDQ Food Stores, Inc. as a means of meeting the standards for special use permits; and WHEREAS, the applicant, during the public hearing, indicated it was not willing to revise the site and building plans in accordance with the Planning Commission's recommendations; and WHEREAS, the Planning Commission directed the City staff to prepare a resolution recommending to the City Council the denial of Planning Commission Application No. 91018 on the grounds that the standards for special use permits were not met; and WHEREAS, the Planning Commission at a duly called meeting held on September 26, 1991 adopted Planning Commission Resolution No. 91 -5 recommending the denial of Planning Commission Application No. 91018 submitted by PDQ Food Stores, Inc.; and WHEREAS, the City Council of the City of Brooklyn Center first considered said application at a duly called City Council meeting on October 7, 1991; and WHEREAS, the City Council reviewed all of the materials submitted, the record of the Planning Commission's review of this matter, and information supplied and testimony presented by the applicants and their representatives, as well as information and testimony presented by other interested parties; and 1 1 1 RESOLUTION NO. 91 -267 WHEREAS, the City received a letter from the Minnesota Department of Transportation reviewing the PDQ plan as it relates to T. H. 252 indicating traffic congestion concerns and the need to keep the first entrance from the frontage road set back from 66th Avenue North as far as possible; and WHEREAS, the City Council on October 7, 1991, determined the applicant's plans that were then being considered could not meet the standards for special use permits without various revisions; and WHEREAS, the City Council on October 7, 1991 directed the staff to prepare a resolution denying this application on the grounds that the standards for special use permits were not met in this situation for their consideration at the next City Council meeting; and WHEREAS, a resolution denying Planning Commission Application No. 91018 was prepared and presented to the City Council for consideration on October 21, 1991; and WHEREAS, the applicant on October 21, 1991 submitted a letter and a sketch of a revised plan indicating some willingness to revise their plan although it still did not meet all of the site plan concerns previously expressed to the applicants; and WHEREAS, at the October 21, 1991 City Council meeting Mr. Shelton, President of PDQ, indicated that they wished the Council to table consideration of the denial of this application for another two weeks so that a revised plan could be pursued; and WHEREAS, the City Council did table further consideration of this application for two weeks and directed the staff to notify neighboring property owners of the Council's reconsideration to be held on November 4, 1991; and WHEREAS, on November 4, a revised sketch plan submitted by a report from the staff regarding zoning ordinance provisions and permits; and 1991 the City Council considered PDQ Food Stores, Inc. along with this plan's compliance with the the standards for special use WHEREAS, the City Council has determined that the plans before them were not consistent with all of the provisions of the City's Zoning Ordinance and, therefore, also not consistent with the standards for special use permits contained in Section 35 -220, Subdivision 2 of the City's Zoning Ordinance. 1 1 RESOLUTION NO. 91 -267 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to deny Planning Commission Application No. 91018 submitted by PDQ Food Stores, Inc. on the grounds that the plans submitted do not demonstrate that the standards for special use permits contained in Section 35 -220, Subdivision 2 of the City Ordinances have been met. Specifically, the City Council finds that standard (e) regarding conformance to applicable regulations of the district in which a use is located is not met on the basis of the following: 1. The northerly driveway accessing the site exceeds 30' in width and has a separation of less than 50' from the southerly access to the site. This is at variance with Section 35 -414, Subdivision 4 of the City Ordinances which states that the maximum right angle width of any driveway shall be 30' at the property line, and that no driveway shall be located within 50' of another driveway at the property line on the same use site and also Section 35 -703 which states that access to off street areas shall be restricted to driveways 30' or less in width, and no two driveways on any single parcel of land in a business or industrial district shall be less than 50' apart. 2. The plans showing dropped lighting in the canopy for the service station are not consistent and are at variance with Section 35 -414, Subdivision 7 and Section 35 -712 of the City Ordinances which states that all exterior lighting shall be provided with lenses, reflectors, or shades, so as to concentrate illumination on the property of the owner or operator of said illumination devices, and that no glare shall emanate from or be visible beyond the boundaries of the illuminated premises. 3. The plans submitted thus far for screening, lighting, land elevations, drainage and landscaping are not complete and consistent with the requirements for site and building plan approval contained in Section 35-230, Subdivision 2 of the City's Zoning Ordinance. 4. The 6" illuminated lexon band proposed on the canopy is inconsistent and at variance with provisions in the City's Sign Ordinance regarding canopy signs and attention attracting devices. 1 1 1 RESOLUTION NO. 91 -267 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that any future revisions or modifications to the proposed plans shall be subject to the resubmission of a new Planning Commission Application consistent with the provisions of Sections 35. -220 and 35 -230 of the City Ordinances regarding Special use Permits and Plan Approval. November 18, 1991 Date todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, and Philip. Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.