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HomeMy WebLinkAbout2002-03 PCR Member 3oeck introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 9002-03 RESOLUTION REGARDING THE RECOMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -012 SUBMITTED BY SPEEDWAY SUPERAMERICA. WHEREAS, City Council Resolution No. 2002 -75 adopted on June 10 2002, approved a rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located at the northeast quadrant of 69th Avenue North and Brooklyn Boulevard; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for a 34,228 sq. ft., four building mixed use commercial/retail development including conceptual approval of a SuperAmerica gas station/convenience store /car wash on the above mentioned site. Said development approval required additional plans be submitted for Planning Commission and City Council review and approval of the SuperAmerica development; and WHEREAS, Planning Commission Application No. 2002 -012 consisting of a PUD amendment to allow construction of a 3,958 sq. ft. SuperAmerica convenience store /gas station/car wash on a 52,768 sq. ft. lot at the southeast corner of 70th Avenue and Brooklyn Boulevard has been submitted by Speedway SuperAmerica; and WHEREAS, the Planning Commission held a duly called public hearing on August 15, 2002, when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development amendment request in light of all testimony received, the guidelines for evaluating rezonings 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 and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2002 -012 submitted by Speedway SuperAmerica be approved in light of the following considerations: 1. The Planned Unit Development amendment 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 amendment 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. 3. The utilization of the property as proposed under the Planned Unit Development amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. green strip along the Brooklyn Boulevard and 70th Avenue North rights of way. This modification from the C -2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is off set or mitigated by factors contained in the approved site plans and City Council Resolution No. 2002 -75. 4. The Planned Unit Development amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The Planned Unit Development amendment appears to be a good long range of the existing land and can be considered an asset to the community in light of its compatibility with the overall Planned Unit Development proposal. 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 Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2002 -012 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 permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6. 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. 7. Underground irrigation 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 and to Condition No. 18 of City Council Resolution No. 2002 -75, which allows a monument type sign not exceeding 12 ft. in height and 145 sq. ft. in area to identify the SuperAmerica site. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance guarantee. 10. The plans shall be modified to provide concrete parking delineators at the ends of the row of parking immediately adjacent to the front of the building. 11. 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 permits. Said agreement shall acknowledge the SuperAmerica Planned Unit Development amendments and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall further assure compliance with the development plans submitted with this application. I /p-7 Date Chair � I I AT ST• Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Newman and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Commissioners Will son, Boeck, Erdmann, Newman, Rahn whereupon said resolution was declared duly passed and adopted. and R e em . i