HomeMy WebLinkAbout2008-03 PCRMember R oc h e
adoption:
introduced the following resolution and moved its
PLANNING COMMISSION RESOLUTION NO. 2008-03
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2008-005 SUBMITTED BY
THE LUTHER COMPANY LLLP
WHEREAS, Planning Commission Application No. 2008-005 submitted by the
Luther Company LLLP proposes rezoning from C-2 (Commerce) and R-3 (Multiple Family
Residence) to PUD/C-2 (Planned Unit Development/Commerce) of five contiguous lots located on
the easterly side of Brooklyn Boulevard between I-94 and 69t` Avenue North and addressed as 6700
Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 69 h Avenue North and 4101 69th Avenue
North; and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
property and development plan approval of two new automobile dealerships (Honda and Toyota)
on two adjacent lots; 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
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.
received; and
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. 2008-005
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.
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PC App 2008-005
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
ordinance standards except for allowing automobile repair to abut residential
property; not requiring two parcels that are under common ownership and proposed
for common use to be required to be replatted into a single lot; and allow a slight
encroachment at the southwest corner of the Toyota site to allow a main display pad
with a pergola and fence with a "Welcome to Brooklyn Center" ground message.
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. 2008-005 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 for both the
Brookdale Dodge properties and the old Ryan Olds property.
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.
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PC App 2008-005
6. The building and building additions shall be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be connected to a central
monitoring device in accordance with Chapter 5 of the City Ordinances.
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. No building permit will be issued for construction of the proposed buildings until
the plat comprehended under Planning Commission Application No. 2008-004 has
been given final approval by the City Council and filed with Hennepin County.
14. 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.
15. Modifications to allow a slight encroachment into the 15 ft. green strip at the
southwest corner of the Toyota site to allow a main display and "Welcome to
Brooklyn Center" ground message is considered acceptable provided the display is
properly maintained and may be modified or changed only with the approval of the
City of Brooklyn Center.
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PC App 2008-005
16. The owner shall enter into cross access and parking agreements, as approved by the
City Attorney, between the site addressed as 4215 69 Avenue North and 6800
Brooklyn Boulevard. Said easements shall be executed and filed with the titles to
the properties prior to the issuance of building permits.
17. The plans shall be modified to acknowledge extension of underground irrigation to
cover boulevard areas including the area at the northwest corner of the site that was
once Pilgrim Cleaners.
18. The owner shall replat the proposed Honda property in accordance with Section 35-
540 once the environmental issues associated with it have been clarified.
7-i7-v£~ "-~z 46
Date Chair
A T: ~D C.~l •
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
K uyk e n d a l l 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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PC App 2008-005