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HomeMy WebLinkAbout1997-009 CCR1 Member Robert Peppe introduced the following resolution and moved its adoption: RESOLUTION NO. 97 09 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96017 SUBMITTED BY BROOKDALE MITSUBISHI WHEREAS, Planning Commission Application No. 96017 submitted by Brookdale Mitsubishi proposes rezoning from C -2 (Commerce) and C -1 (Service /Office) to PUD /C -2 (Planned Unit Development/Commerce) of 7.035 acres of land located at 7223, 7227, 7231 and 7235 Brooklyn Boulevard; and WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for an approximate 18,000 sq. ft. Mitsubishi dealership and the use of an existing 6,081 sq. ft. building for associated uses; and WHEREAS, the Planning Commission held a duly called public hearing on October 17, 1996 when a staff report and public testimony regarding the rezoning and site and building plan were received and reviewed with the Planning Commission continuing the public hearing and referring the application to the Northwest Neighborhood Advisory Group for review and comment; and WHEREAS, the Northwest Neighborhood Advisory Group met to consider this matter on November 7, 1996 and November 26, 1996; and WHEREAS, the Northwest Neighborhood Advisory Group because of a lack of a quorum made no recommendation to the Planning Commission regarding this application but offered instead minutes relating to the comments received from interested persons and the applicant; and WHEREAS, the Planning Commission resumed consideration_ of this matter on December 12, 1996 received an additional staff report and took further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 96017 by adopting Planning Commission Resolution No. 96 -3 on December 12, 1996; and WHEREAS, the City Council_ considered Application No. 96017 at its January 13, 1997 meeting; and WHEREAS, the City Council has considered the rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit RESOLUTION NO. 97 Development ordinance contained in Section 35 -355, the City's Comprehensive Plan, and the Planning Commission's recommendation contained in Planning Commission Resolution No. 96 -3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 96017 submitted by Brookdale Mitsubishi be approved in light of the following considerations: 1. That the City's Comprehensive Plan, which is currently being updated, be revised during this process so that the land use designation map designate the area under consideration as being appropriate for a general commerce use rather than the split commerce and service /office designation that it currently has. 2. The Rezoning and Planned Unit Development proposal are considered to be compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance, given the revision to the Comprehensive Plan. 3. The Rezoning and Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to, and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 4. The utilization of the property as proposed under the Rezoning and Planned Unit Development proposal will, with the exception of allowing automobile repair adjacent to R -3 zoned property, conform with City ordinance standards and is justified on the basis of the development plan submitted containing extraordinary screening of the site including a large earthen berm and coniferous trees which should diminish any impact on surrounding land uses. 5. The Rezoning and Planned Unit Development proposal appear to be a good utilization of the property under consideration in that it allows for a reasonable redevelopment of the property in a unified manner containing appropriate buffering and screening. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 96017 subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits. 2. Grading, drainage and utility plans area subject to review and approval by the City Engineer, prior to the issuance of permits 1 RESOLUTION NO. 97 -09 3. 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 completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet the NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 9. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 10. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. The storm drainage system shall be acceptable to the Shingle Creek Watershed Management Commission and the applicant shall comply with any conditions imposed by the body prior to the issuance of permits. 11. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 12. The plans submitted shall be modified prior to the issuance of building permits to be consistent with the revised plan showing and 8 ft. high earthen berm and landscape treatment. Said plans, which must be modified, include the drainage and utility plan, the site lighting plan, and any other plan showing the site and building proposed with this project. 13. The applicant has agreed to not use any outdoor public address system for paging employees on the site. 14. The property shall be replatted into a single parcel with the triangular piece of property located in Brooklyn Park being dedicated to this site through a legal 1 RESOLUTION NO. 97 -09 encumbrance. Said plat shall receive final approval by the City Council and be filed with Hennepin County prior to the issuance of building permits. 15. Modifications to accesses on Brooklyn Boulevard are subject to approval by Hennepin County and their permit process. 16. The applicant shall enter into a development agreement with the City to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall acknowledge the use of this site as an automobile sales and service dealership as proposed under the development plans and shall acknowledge all previously stated conditions of approval and assure compliance with development plans submitted by the applicant. January 13, 1997 Date ATTEST: j 142tAlt Clerk M or The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, and Robert Peppe; and the following voted against the same: Debra Hilstrom, whereupon said resolution was declared duly passed and adopted.