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HomeMy WebLinkAbout2002-021 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-21 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002-001 SUBMITTED BY SPEEDWAY SUPERAMERICA, LLC WHEREAS, Planning Commission Application No. 2002-001 submitted by Speedway SuperAmerica, LLC proposes rezoning from C-2 (Commerce) and R-1 (One Family Residence) to PUD/C-2 of a 1.139 acre site located at the southwest quadrant of 57th Avenue North and Logan Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 3,969 sq. ft. convenience store/gas station with six fuel dispensers and a canopy area on the above mentioned site; and WHEREAS, the Planning Commission held a duly called public hearing on January 31, 2002, at the Brooklyn Center West Fire Station when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2002-001 by adopting Planning Commission Resolution No. 2002-01 on January 31, 2002; and WHEREAS, the City Council considered Application No. 2002-001 at its February 11, 2002 meeting; and WHEREAS, the City Council has considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2002-001 submitted by Speedway SuperAmerica, LLC be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. RESOLUTION NO. 2002-21 3. The utilization of the property as proposed under the Planned Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a gasoline station to abut R-1 zoned property; a building encroachment into the 35 ft. buffer area where the property abuts with 5639 Logan Avenue North; and a less than15 ft. greenstrip along the 57th Avenue North right of way line. These modifications from the C-2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2002-001 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. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. B-612 curb and gutter shall be provided around all driving and parking areas. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6. The building shall 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. RESOLUTION NO. 2002-21 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. Specifically, identification signs shall not be allowed on the canopy, nor shall the faces of the canopy be internally or externally lit. Canopy signs may only be allowed in lieu of other permitted freestanding signs. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. 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. 11. All work performed and materials use for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City's Engineering Department. 1 13. No building permit will be issued for construction of the proposed building until the plat comprehended under Planning Commission Application No. 2002-002 has been modified, given final approval by the City Council and filed with Hennepin County. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Approval of the application acknowledges that the south wall of the building shall contain only one emergency exit with lighting consistent with that shown on the development plan. 16. All lighting fixtures, whether freestanding or beneath the canopy, will have the light source completely enclosed and will have flat and flush lenses. 17. The applicant shall use fuel dispenser mounted fueling point specific microphones and speakers for required communications with customers at the pump island areas. 18. No car wash facilities are comprehended as part of this development plan nor will such facilities be allowed in the future. 1 RESOLUTION NO. 2002-21 19. The development plan shall be modified prior to the issuance of building permits in the following manner: a. to include the 8' X 130' conveyance of land to the property at 5639 Logan Avenue North. b. to show the extension of sidewalk between the building and existing sidewalk on Logan Avenue North. February 11, 2002 Date /Mayor ATTEST: ~61aaN- City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Bob Peppe and upon vote being taken thereon, the following voted in favor thereof Myrna Kragness, Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.