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HomeMy WebLinkAbout2018-136 CCRMember April Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2018-136 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-010 SUBMITTED BY LINDA MCGINTY OF THE LUTHER COMPANY, LLLP, FOR ISSUANCE OF AN INTERIM USE PERMIT FOR THE OFF-SITE STORAGE OF NEW VEHICLES (LOCATED AT 5900 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2018-0 10, submitted by Linda McGinty of the Luther Company, LLLP ("the Applicant") requests issuance of an interim use permit that would allow for the off-site storage of new vehicles for sale or lease at Brooklyn Center Luther auto dealerships on a portion of a City of Brooklyn Center Economic Development Authority-owned property located at 5900 Shingle Creek Parkway ("Subject Property") and as outlined in the provided site plan noted as Exhibit A; and WHEREAS, the Subject Property is situated in the C2 (Commerce) District and pursuant to new City Code Section 35-420, adopted by City Council on June 25, 2018, allows for the off-site storage of vehicles for automobile dealerships as an Interim use in the I-i, 1-2, and C-2 Zoning Districts under certain conditions; and WHEREAS, the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2018-010; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on June 28, 2018, whereby a planning staff report was presented and public testimony regarding the interim use permit were received; and WHEREAS, the Planning Commission considered the interim use permit request in light of all testimony received, the guidelines and standards for evaluating this interim use permit contained in new City Code Section 35-420 of the City's Zoning Ordinance, and subsequently recommended a unanimous recommendation to City Council for approval; and WHEREAS, following the recommendation for approval by the Planning Commission, the City was made aware of an existing parking and access easement located along the north end of the Subject Property and recorded as Document No. 2127956, which is intended for use by the adjacent-to-the-north HealthPartners Dental Clinic located at 5901 John Martin Drive for additional parking; and WHEREAS, following conversations with City staff and the adjacent to the north HealthPartners Dental Clinic, the Applicant will revise the site plan to maintain the parking and access easement and reflect a request by the Applicant to expand the western perimeter of the off-site parking area to account for the loss of parking along the northern perimeter of the parking area and to allow one row of vehicles to be tandem parked. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-010, submitted by Linda McGinty of the Luther Company, LLLP, may be approved based upon the following considerations and as outlined in the Planning Commission Report dated June 28, 2018: A. The proposed use will conform to the regulations of the City's Zoning Ordinance. RESOLUTION NO. 2018-136 B.The date or event that will terminate the use can be identified with certainty as for a period of two years with a potential one year extension and will be clearly outlined in the lease agreements to be agreed upon by the Applicant and the City of Brooklyn Center Economic Development Authority. C.The allowance of off-site storage on the Subject Property will not impose additional costs to the public and the public will not be required to take on the property in the future as it is under ownership by the City of Brooklyn Center Economic Development Authority. D. The Applicant agrees to the conditions the City Council imposes on the use, including the continued access by HealthPartners Dental Clinic, located at 5901 John Martin Drive, to parking along the north property line of the Subject Property as outlined within Document No. 2127956, and will operate in full conformance with the provisions of new Section 35-420 and the lease agreements in place. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2018-010 may be approved subject to the following conditions and considerations: 1. Site Plan Review: The site plans are subject to review and approval by City staff with respect to applicable codes prior to the issuance of any required permits. a.Any major changes or modifications made to the submitted site plan for off-site vehicle storage on the leased portion of the Subject Property (5900 Shingle Creek Parkway) can only be made by an amendment to the approved Interim Use Permit, as approved by the City Council. b.The Applicant shall verify that the proposed site has met City Code requirements relating to fencing, lighting, parking, building and fire code requirements. i.Per the City Fire Inspector, vehicles shall be parked in an orderly fashion to allow for fire truck access, and vehicles shall not be used to create a blockade at the gate. ii.The Applicant shall work with the City Fire and Police Departments to provide necessary security information and/or access to the leased portion of the Subject Property in case of emergency. 2. Agreements: a.The Applicant shall ensure necessary short-term and long-term lease agreements are in place. All conditions and terms of use for the lease agreement are to be followed in conjunction with the approval and issuance of an Interim Use Permit. b.Per Recorded Document No. 2127956, there is an existing parking agreement in place along the north property line for use by adjacent-to-the north HealthPartners Dental Clinic (5901 John Martin Drive) that is to remain undisturbed as part of the approval and whose access is to remain intact from John Martin Drive. c. The Applicant shall provide an Access, Security, and Lighting Plan to the City, subject to the review and approval of the Chief of Police and City Planner. 3. Facilities and Equipment: a.Any lighting will be in accordance with Section 35-712 (Lighting) of the City Zoning Ordinance. Per City staff, a photometric plan, and fixture specifications may be required to confirm compliance of any new and/or replaced lighting. b.Any spills or leaks found on site shall be mitigated immediately. When warranted, the State duty officer shall be notified. RESOLUTION NO. 2018-136 c. Prior to spring melt, inlet protection measures shall be provided to prevent the accumulation of trash in the snow storage pile from reaching the storm sewer system. 4. Signage: Per Section 35-420 (Interim Use Permits), no signage, other than no trespassing and minimal directional signage internal to the site, shall be permitted on the leased area of the Subject Property. 9,2018 Date Mayor ATTEST: 2tLhWtW City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof- Tim Wilson, Marquita Butler, April Graves, Kris Lawrence-Mlderson, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted.