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HomeMy WebLinkAboutPlanning Commission Resolution 100-83MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 100-83 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDATION TO THE CITY COUNCIL REGARDING PLANNING CASE 145-83, BURGER KING WHEREAS, Burger King Corporation has requested approval to construct a restaurant/convenience food establishment at the corner_ of Highway 10 and County Road I; and WHEREAS, approval to construct this convenience food establishment requires the City to approve a rezoning, minor subdivision, conditional use permit, code apeals and development agreement; and WHEREAS, the Mounds View Planning Commission has reviewed the request by the Burger King Corporation and provisions of the Mounds View Municipal Code pertaining to rezonings, minor subdivi- sions, conditional use permits, code appeals and development agreements; and WHEREAS, the Planning Commission has also received and • reviewed reports from both City staff and a traffic consultant regarding the request and its application to the Mounds View Municipal Code; and WHEREAS, the City has received a letter from M & E Realty Company requesting an amendment to the original Planned Unit Development which was approved by the City as a part of the Silver Lake Woods development; and WHEREAS, according to the traffic engineer, traffic gener- ated by a convenience food establishment at the proposed location will not significantly impact the flow of traffic in the immediate area, provided future County Road I configuration is considered; and WHEREAS, the Planning Commission has reviewed the findings of the traffic engineer_ whereby access to the Burger King facility be limited to one curb cut on County Road I until such time as improvements are made to County Road I; and WHEREAS, County Road I improvements, which include a possible center medium and lane improvements are anticipated in the City's MSA program; and WHEREAS, the Planning Commission has reviewed the findings of of the traffic engineer whereby a second curb cut be allowed at such • time when improvements to County Road I have been completed; and WHEREAS, such access points are as shown on the site plan submitted for this development; and RESOLUTION NO. 100-83 PAGE TWO •WHEREAS, the existing zoning for the parcel under_ consider- ation is I-1, Light Industr_ia.l; and WHEREAS, a rezoning of this parcel to B-2, Limited Business District has been approved as part of the Silver Lake Woods development; and WHEREAS, a rezoning to B-3, Highway Business District is an appropriate use for this particular parcel with a convenience food establishment recommended being an allowable conditional use on this particular parcel; and WHEREAS, the conditions for convenience food establishments as outlined in Chapter 40.17, Subdivision D(1) have been met; and WHEREAS, all Code requirements for minor subdivisions of commercially zoned property have been met; and WHEREAS, existing Code requirements for number of parking spaces required for convenience food establishments greatly exceeds what is actually required for this type of business; and WHEREAS, the existing Code requirements for off-street parking space size is 9-1/2 by 20 feet; and •WHEREAS, the Planning Commission, as part of its Zoning Code text review, is recommending revisions to the Zoning Code as it relates to off-street parking requirements, specifically spaces required for convenience food establishments and size of parking spaces; and WHEREAS, the Planning Commission finds the Code appeals for number_ of spaces and the size of the parking space justified as a result of revisions to the Code; and WHEREAS, all other Zoning Code requirements, including setbacks, curb cut dimensions, building heights, etc. have been met; and WHEREAS, City storm water runoff .requirements have been reviewed by the City Engineer and meet current requirements; NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the request by the Burger King Corporation of the following: 1. A rezoning of the Burger King parcel from I-1, Industrial to B-3, Highway Business. 2. A minor subdivision of one lot into two which includes utility easements as shown on the submitted site plan. • 3. A conditional use permit to allow the construction of a convenience .food establishment noting that all condi- tions listed in Chapter 40.17, Subdivision D(1) have been met. RESOLUTION NO. 100-83 PAGE THREE 4. A code appeal to allow the number of off-street parking as required by the City's current restaurant require- ments as opposed to the current requirements for convenience food establishments. 5. To construct the convenience food facility, including drive-thru, with a single curb cut as shown on the site plan until such time that the improvements, including center median, to County Road I have been completed, when a second curb cut on County Road I is opened. This curb cut will be subject to reviewal by the Planning Commission for adverse traffic effects one year after installation. The curb cut nearest Highway 10 shall be used for right turn only into the restaurant property and right turn only leaving the restaurant property. The curb cut furthest from Highway 10 shall be for both right and left turns into and out from the restaurant property. 6. Development agreement be granted to include the following provisions: a) Exhibits: 1) Site Plan 2) Landscape Plan • 3) Surveyor's Certificate 4) Legal Description 5) Structure Performance Bond of $1,000.00 6) Building Plans and Specifications b) Security .for development in an amount to be determined. c) Exhibit 2A to require the following: 1) Payment of all City expenses above and beyond amounts previously submitted. BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends that the original P.U.D. which was approved for the Silver Lake Woods development be amended to reflect this proposed use at the location requested; BE IT FURTHER RESOLVED that approval from Rice Creek Watershed District be obtained prior to approval from the City. Adopted this 7th day of December_, 1983. ATTEST: • Chairpe son (SEAL) ��- Dctor of lic Works/ Community Development