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HomeMy WebLinkAbout2014-113 CCR Member Tim Willson introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-113 RESOLUTION REGARDING THE 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 a 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 officially noticed a public hearing for this planning related item at the July 17, 2014 regular meeting, which was tabled at the request of the Applicant;and WHEREAS, the Planning Commission reconsidered this planning related item at the July 31, 2014 meeting; a planning report was presented; the public hearing was re-opened, whereby comments 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; and WHEREAS, the Planning Commission recommends to the City Council that Planning Application No. 2014-013, as submitted by Two Rivers Investment, Inc. may 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. RESOLUTION NO- 2014-113 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. 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. AND WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2014-14, which provides a favorable recommendation to the City Council that the 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 as comprehended under Planning Application No. 2014-013,may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the 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 as comprehended under Planning Application No. 2014-013, is hereby approved subject to the following conditions: 1. The Applicant/Owner must close off the most northerly access on Humboldt Avenue North and the most westerly access off 69`h 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. RESOLUTION NO. 2014-113 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. 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. RESOLUTION NO. 2014-113 w August 11, 2014 jj Date Mayor ATTEST: . AVA"jC6k City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon,the following voted in favor thereof- Tim hereofTim Willson, Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski; and the following voted against the same: Dan Ryan; whereupon said resolution was declared duly passed and adopted.