HomeMy WebLinkAbout2014-14 PCR Commissioner Freedman introduced the following resolution
and moved its adoption
PLANNING COMMISSION RESOLUTION NO. 2014-14
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2014-013 SUBMITTED BY
TWO RIVERS INVESTMENT, INC. FOR A SPECIAL USE PERMIT TO
CONVERT AN EXISTING GASOLINE SERVICE AND AUTOMOBILE
REPAIR STATION INTO A NEW CONVENIENCE RETAIL FOOD STORE
WITH FUEL SERVICES IN THE C2 (COMMERCE) DISTRICT (LOCATED AT
6840 HUMBOLDT AVENUE NORTH)
WHEREAS, Planning Commission Application No. 2014-013 submitted by Two
Rivers Investment, Inc. ("Applicant/Owner") proposes a special use permit allowing an retail
convenience food store with continued fuel services, at the property located at 6840 Humboldt
Avenue North("Subject Property"); and
WHEREAS, the Subject Property is situated in the C2 (Commerce) District and
pursuant to City Code Section 35-320; Subpart 3, the "Sale or Vending at gasoline service stations
of items other than fuels, lubricants or automotive parts and accessories" is only allowed by means
of special use permit in all C2 Districts, and the Applicant has submitted such application to the City
of Brooklyn Center for official consideration under Planning Application No. 2014-013; and
WHEREAS, the Planning Commission held a duly noticed and called public hearing
on July 17, 2014, whereby a planning staff report was presented and public testimony regarding the
special use permit were received; and
WHEREAS, the Planning Commission considered the Special Use Permit request in
light of all testimony received, the guidelines and standards for evaluating this special use permit
contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the
general goals and objectives of the City's 2030 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 Planning Application No.
2014-013 submitted by Two Rivers Investment, Inc. be approved based upon the following
considerations:
A. The establishment, maintenance, or operation of the special use will
promote and enhance the general public welfare and will not be detrimental
to or endanger the public health, safety, morals, or comfort.
B. The special 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.
PC RESOLUTION NO. 2014-14
Page 2 of 3
C. The establishment of the special use will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted in the district.
D. Adequate measures have been or will be taken to provide ingress, egress
and parking so designed as to minimize traffic congestion in the public
streets.
E. The special use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City
of Brooklyn Center to recommend to the City Council that Planning Application No. 2014-013 be
approved subject to the following conditions and considerations:
1. The Applicant/Owner must close off the most northerly access on
Humboldt Avenue North and the most westerly access off 69th Avenue
North.
2. The Applicant/Owner must remove the handicap stall located on the north
side of the building and relocate to the south parking lot with a shortest and
direct route to the front door.
3. The Applicant/Owner agrees to comply with all conditions or provisions
noted in the City Engineer's Review memo, dated July 11, 2014.
4. The building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of permits.
5. Any new exterior improvements must be consistent with the remaining
building materials, and all exterior plans and designs must be reviewed and
approved by the City Planning Staff.
6. Any expansion or alteration of the proposed convenience store building
other than what is illustrated on the submitted site plans comprehended
under this application shall require an amendment to this special use
permit.
7. Any additional grading, drainage, utility, and erosion control plans are
subject to review and approval by the City Engineer prior to the issuance of
permits.
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Page 3 of 3
8. Any outside trash enclosures must be completely screen and doors secured
or closed at all times, and any new ground mechanical equipment shall be
appropriately screened from view.
9. Approval of the special use permit does not authorize additional signage
other than that allowed for under City Code Chapter 34 — SIGNS. No
banners or temporary signs will be allowed, except those allowed or
approved under an Administrative Land Use Permit, per City Code Sect.
35-800.
10. The Applicant/Owner must provide a landscape plan that meets the
required amount and number (80-points min.) of landscaping materials as
specified under the City's Landscape Point System.
11. 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 the completion of all site improvements.
12. The Applicant/Owner shall submit an as built survey of the property,
improvements, and utility service lines prior to release of the performance
guarantee.
July 31,2014 ( , /
Date Chair
i?
ATTEST:
Sec ary
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Schonning
and upon vote being taken thereon,the following voted in favor thereof:
Chair Burfeind, Commissioners Freedman, Harstad, Morgan, Schonning, and Sweeney.
and the following voted against the same: Commissioner Christensen
whereupon said resolution was declared duly passed and adopted.