HomeMy WebLinkAbout2008-02 PCRMember K uyk e n d a l 1 introduced the following resolution and moved its
adoption:
PLANNING COMMISSION RESOLUTION NO. 2008-02
RESOLUTION REGARDING THE RECON54ENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2008-003 SUBMMM BY
THE LUTHER COMPANY LLLP
WHEREAS, Planning Commission Application No. 2008-003 submitted by the
Luther Company LLLP proposes rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit
Development/Commerce) of three contiguous lots located on the west side of Brooklyn Boulevard
between I-94 and 68' Avenue North and addressed as 6701 Brooklyn Boulevard, 430168' Avenue
North and 4315 68th Avenue North; and
WHEREAS, the proposal comprehends the rezoning of the above property and
development plan approval for the redevelopment and expansion of the existing Chevrolet building
and the remodeling and expansion of an existing building for a new Buick, Pontiac, GMC
dealership; and
WHEREAS, the Planning Commission held a duly called public hearing on-July 17,
2008 when a staff report and public testimony regarding the rezoning and development plan were
received; and
WHEREAS, the Planning Commission considered the Planned Unit Development
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 Development
ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application No. 2008-003
submitted by the Luther Company LLLP be approved based upon the following considerations:
1. The Planned Unit Development is compatible with the standards, purposes and
intent of the Planned Unit Development section of the City's Zoning Ordinance.
2. The 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.
3. The utilization of the property as proposed under the Planned Unit Development
Rezoning is considered a reasonable use of the property and will conform with
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ordinance standards except for allowing a waiver of the 40 ft. rear yard setback
requirement for 4301 68th Avenue North and to allow green strip encroachments for
parking along I-94 and display pads with pergolas or railings along Brooklyn
Boulevard, 680' Avenue and I-94 and to allow the three properties under different
ownership to be utilized as a single parcel of land without the benefit of replatting
the property into a single lot. These modifications from the Zoning Ordinance
standards are justified on the basis of the development being an appropriate
redevelopment of this area and that they are offset or mitigated by various factors
contained in the approved development plan.
4. The Planned Unit Development proposal is considered consistent with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development proposal appears to be a good long range use of the
existing land and this redevelopment can be considered an asset to the community.
6. Based upon 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 the proposal is, therefore, in the best interest of the community.
BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City
of Brooklyn Center to recommend to the City Council that Application No. 2008-003 be approved
subject to the following conditions and considerations:
The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of building permits.
2. Grading, drainage, utility and erosion control plans are subject to review and
approval by the City Engineer prior to the issuance of permits.
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
building permits to assure completion of all required site improvements.
4. B-612 curb and gutter shall be provided around all parking and driving areas except
for where the City Engineer may authorize a lesser standard such as B-412 curb and
gutter in non-drainage areas.
5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment
shall be appropriately screened from view.
6. The building and building additions shall be equipped with automatic fire
extinguishing systems to meet NFPA standards and shall be connected to a central
monitoring device in accordance with Chapter 5 of the City Ordinances.
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7. Underground irrigation shall be installed in all landscaped areas to facilitate site
maintenance.
8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
9. The applicant shall submit an as built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
10. The owner of the property shall enter into an easement and agreement for
maintenance and inspection of utility and storm drainage systems as approved by the
City Engineer prior to the issuance of building permits.
11. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center Standard Specifications and Details.
12. The applicant shall provide appropriate erosion control during construction as
approved by the City Engineering Department and obtain an NPDES construction
site erosion control permit from the Minnesota Pollution Control Agency prior to
disturbing the site.
13. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to
be reviewed and approved by the City Attorney prior to the issuance of building
permits. Said agreement shall be filed with the title to the property and shall
acknowledge the specific modifications to the C-2 underlying zoning district as well
as other conditions of approval. The agreement shall further assure compliance with
the development plans submitted with this application.
14. Appropriate cross access and parking agreements, as approved by the City Attorney
shall be executed and filed with the titles to the property allowing access between
6701 Brooklyn Boulevard, 430168' Avenue North and 4315 68" Avenue North
prior to the issuance of building permits for this project.
15. The applicant shall receive approval from the Shingle Creek Watershed
Management Commission for their watershed management plans prior to the
issuance of building permits for this project.
16. Modifications to allow green strip encroachments for decorative display pads,
pergolas and fencing as indicated on the approved plans are considered to be
acceptable provided they are properly maintained, do no cause clear view visibility
impediments and can be modified, changed or eliminated only with the approval of
the City of Brooklyn Center.
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17. The owner shall replat the property in accordance with Section 35-540 once
common ownership of the lots is attained.
7-/7- o k 6
/ 1! 1
Date Chair
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member R o c h e
and upon vote being taken thereon, the following voted in favor thereof:
Chair Rahn, Commissioners Kuykendall, Leino and Roche
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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