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HomeMy WebLinkAbout2018-141 CCRMember April Graves introduced the following resolution and moved its adoption: RESOLUTION NO.2018-141 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-013 SUBMITTED BY CASEY'S RETAIL COMPANY FOR APPROVAL OF A SITE AND BUILDING PLAN AND ISSUANCE OF A SPECIAL USE PERMIT FOR A GAS STATION AND CONVENIENCE STORE IN THE C2 (COMMERCE) DISTRICT (LOCATED AT 2101 FREEWAY BOULEVARD) WHEREAS, Planning Commission Application No. 2018-013, submitted by Casey's Retail Company ("The Applicant") requests approval of a Site and Building Plan and issuance of a Special Use Permit that would allow for the development of an approximately 4,600-square foot Casey's gas station and convenience store and other associated site improvements on an approximately 2.12 acre site located at 2101 Freeway Boulevard ("Subject Property"); and WHEREAS, the Subject Property is situated in the C2 (Commerce) District and pursuant to City Code Section 35-322; Subpart 3, "Gasoline service stations (see Section 35-414), motor vehicle repair and auto washes, provided they do not abut an RI, R2, or R3 district, including abutment at a street line" and "the sale or vending at gasoline service stations of items other than fuels, lubricants or automotive parts and accessories (and other than the vending of soft drinks, candy, cigarettes and other incidental items for the convenience of customers within the principal building), provided adequate parking is available, consistent with the Section 35-704, 2(b) and 2(c)" are only allowed by means of Special Use Permit in the C2 (Commerce) District, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Commission Application No. 2018-013; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on July 12, 2018, whereby a planning staff report was presented and public testimony regarding the Site and Building Plan and Special Use Permit were received; and WHEREAS, the Planning Commission considered the Site and Building Plan and Special Use Permit requests in light of all testimony received, the guidelines and standards for evaluating the Special Use Permit contained in Section 35-220 (Special Use Permits), Section 35- 222 (C2 Commerce District), and Section 35-414 (Special Requirements for Automobile Service Stations) of the City's Zoning Ordinance, and the requests comply with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to recommend that Planning Commission Application No. 2018-013, submitted by Casey's Retail Company, 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 RESOLUTION NO. 2018-141 endanger the public health, safety, morals, or comfort, and the Applicant has submitted plans that are in substantial conformance with the provisions of Section 35-414 (Special Requirements for Automobile Service Stations), which outlines certain requirements for gas stations relating to esthetics, function, impact on surrounding properties, and overall access and parking for gas stations. B.The special use will not be injurious to the use and enjoyments of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. The Subject Property has been vacant since 2014 when a former restaurant was demolished. It is hoped that the addition of a gas station and convenience store would serve as an amenity to residents, neighboring businesses and workers, and visitors to the Brooklyn Center area. As specified in Section 35-414 (Special Requirements for Automobile Service Stations), "the appearance of the community and landscape is to be disturbed as little as possible. Moreover, the design of buildings and of the canopy, if there is one, shall be in scale with the surroundings. This subsection shall apply to all exterior additions or alterations including accessory structures and signs." Per the conditions of approval as noted below, the Applicant will revise plan sets to address these provisions, and a traffic study shall be provided as part of any Special Use Permit and Site and Building plan approval and subsequent Building Permit issuance. 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 as the area is substantially developed and the surrounding properties consist of numerous hotels, a Hindu temple, and other commercial and industrial properties. The land is bordered to the south by 1-94/1-694. 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. The Applicant is cognizant of the right turn lane access running along the eastern edge of the Subject Property and has instead provided two driveway access points off Freeway Boulevard that are in conformance with the provisions of Section 35-414 (Special Requirements for Automobile Service Stations) and the City's Zoning Code. As a condition of any approval, the Applicant shall submit a traffic study that addresses access to the Subject Property and the intersections adjacent to the site. The Applicant has provided a sidewalk connection from Freeway Boulevard, but will work with staff to reflect interior crosswalk connections to the convenience store and access from the nearby Shingle Creek Trail, just west of the Subject Property. RESOLUTION NO. 2018-141 E. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The submitted plans substantially conform to the City's Codes. Any deficiencies as outlined in the approval conditions and Assistant City Engineer's memorandum shall be revised to reflect conformance and be submitted to City staff for review and approval. The Applicant will need to apply for licensure with the City of Brooklyn Center to obtain a Filling Station license, as well as any other relevant licensure. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to recommend that Planning Commission Application No. 2018-013, submitted by Casey's Retail Company, be approved subject to the following conditions and considerations: 1. Site and Building Plan Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants or other fire-related building code items shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. i.The Applicant shall revise the site plans to reflect the removal of spaces 26, 27, and 28 in front of the proposed trash enclosure. The Applicant shall identify opportunities to relocate parking spaces elsewhere on site. ii.The Applicant shall incorporate internal crosswalk connections to the convenience store from the proposed sidewalk on the plans and the addition of a bike rack for users of the Shingle Creek Trail, which runs just west of the Subject Property and has a direct sidewalk connection to Freeway Boulevard. b. The Applicant shall verify that the proposed Site and Building has met City Code requirements. c.Elevations and detailing of the gas pump canopy structure and footings are to be provided as part of the Building Permit review process. d.A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 2. Agreements: a.The Property Owner/Applicant shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards comprehended under this Site and Building Plan. b.The Developer shall submit an as-built survey of the Subject Property, as well as any improvements and utility service lines, prior to release of the Performance Agreement financial guarantee. RESOLUTION NO. 2018-141 3.Licensure: The Applicant shall work with the City to obtain any relevant licensure, including, but not limited to an annual Filling Station license. 4.Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated July 9, 2018. a.Final grading, drainage, utility, irrigation, erosion control, and as-built plans, and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. b.The Applicant shall provide a traffic study to address the proposed access intersections and intersections adjacent to the site as part of any Site and Building Plan and Special Use Permit approval. 5. Fire Inspector Review: The Applicant agrees to comply with all conditions or provisions required per Fire and Building Code. These include, but are not limited to: a.Installation of a Knox-Box to allow for emergency access to the proposed riser/utility room. b.Verification of minimum turn-radius required for fire truck apparatus as part of parking lot approval and clearance around the gas pump canopy. 6. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 7. Facilities and Equipment: a.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements. b.Any outdoor enclosures shall be constructed with materials that are complementary to the principal building. c.The Applicant shall utilize lighting in accordance with Section 35-712 (Lighting) of the City Zoning Ordinance. Although the surrounding properties are non-residentially zoned, the Applicant shall identify opportunities to reduce lighting along the property lines to 3-foot candles or less given the presence of hotels to the north, east, and west. d.The Applicant shall identify opportunities to reduce the overall intensity of foot-candles under the gas station canopy and minimize light spray. e. The Applicant shall furnish fixture specifications and imagery of proposed light installations as part of the Building Permit application submittal. RESOLUTION NO. 2018-141 8. Landscaping: a.The landscaping plan shall be revised to meet the minimum Landscape Point System Policy requirements. i. Additional plantings are to be included along the east and north east edges of the Subject Property. Opaque plantings (e.g., hedges) shall be located outside the designated sight triangle; however, plantings are to be introduced in locations where headlight glare may impact neighboring properties. b.All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. c. Irrigation shop drawings shall be provided to the City for review and approval prior to installation as noted on submitted Sheet 1,100 (Landscape Plan). 9. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the provisions of Chapter 34 (Sign Ordinance). July 23, 2018 Date Mayor ATTEST: &"V-^ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kris Lawrence-Anderson and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, April Graves, Kris Lawrence-Anderson, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted.