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HomeMy WebLinkAbout1993-201 CCR1 1 1 Member Dave Rosene resolution and moved its adoption: RESOLUTION NO. 93 -201 introduced the following RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 93011 SUBMITTED BY BROOKDALE CHRYSLER PLYMOUTH WHEREAS, Planning Commission Application No. 93011 submitted by Brookdale Chrysler Plymouth proposes rezoning from C2 (commerce) and C1 (service /office) to PUD /C2 (planned unit development /commerce) of the properties addressed as 6121 Brooklyn Boulevard and 6107 Brooklyn Boulevard; and WHEREAS, the proposal comprehends the combining of these two said properties, the demolition of a single family home on one of the properties and expansion of the Brookdale Chrysler Plymouth dealership all as part of this application; and WHEREAS, the Planning Commission held a duly called public hearing on August 26, 1993, when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the West Central Neighborhood Advisory Group met to consider this matter on September 30, 1993, at the City Hall and unanimously recommended approval of this planned unit development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on October 28, 1993, received a staff report,a draft Comprehensive Plan amendment, revised development plans, and took further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 93011 by adopting Planning Commission Resolution No. 93 -2 on October 28, 1993; and WHEREAS, the City Council considered Application No. 93011 at its November 8, 1993, meeting; and WHEREAS, the City Council has considered this 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 Zoning Ordinance and in light of the provisions of the Planned Unit Development Ordinance contained in Section 35 -355, and in light of the comments relative to this property in the City's Comprehensive Plan; and WHEREAS, the City Council has taken action to amend the City's Comprehensive Plan to create consistency between the Plan and the proposed planned unit development concept presented by Brookdale Chrysler Plymouth. 1 1 Resolution No. 93 7n1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 93011 submitted by Brookdale Chrysler Plymouth be approved in light of the following considerations: 1. The rezoning will allow for appropriate redevelopment along Brooklyn Boulevard which is consistent with the needs and redevelopment policies of the City. 2. The rezoning will allow for the development plan involving the expansion of the Brookdale Chrysler Plymouth dealership which can be considered compatible with surrounding land uses. 3. The development of the property in question will, for the most part, conform with the City Ordinance standards. Variation form the buffer and set back requirements where the use abuts with single family residential uses is acceptable given the landscaping and screening plan submitted. 4. The property at 6107 Brooklyn Boulevard cannot be developed by itself under the current C1 zoning designation given the requirements for a minimum one acre parcel for service /office development on a major thoroughfare and must be combined with other parcels for redevelopment. Furthermore, the likelihood of service /office redevelopment in this area being undertaken in the immediate future is remote given existing and future market considerations. 5. The rezoning of the land and the accompanying development plans allow for expansion of an existing, viable business along Brooklyn Boulevard consistent with recommendations contained in two recent studies for the City of Brooklyn Center. 6. Rezoning is consistent with the amended recommendations contained in the City's Comprehensive Plan. 7. The rezoning proposal demonstrates merit beyond the interest of the owner of the land in that it will provide a substantial upgrading of this site and upgrading of the physical character of Brooklyn Boulevard which is seen as a benefit to the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 93011 be subject to the following conditions and considerations: 1. Building plans are subject to review and approval 1 Resolution No. 93 -201 by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility 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 by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to 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. 6. An underground irrigation system shall be installed in all landscaped areas to facility site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas in the new addition area. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. 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. 11. The applicant is subject to the requirements and regulations of the Shingle Creek Watershed Management Commission with respect to this site. A storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 12. The applicant shall provide an updated landscaping plan within 12 months from the date of approval of this application consistent with the landscape recommendations which are forthcoming from the Brooklyn Boulevard Enhancements Task Force. The City Council may extend this deadline in the event 1 1 Resolution No. 93 201 ATTEST: the Brooklyn Boulevard Enhancement Study is not completed by that time. 13. The plan shall be modified to include the following: a. A minimum six foot high opaque screen fence along the south portion of the property where it abuts with 6101 Brooklyn Boulevard. b. A gate located in the driveway west of the proposed addition. c. Lighting along the south property line that will be a high cut off type so as not to cause light glare on the adjacent properties, particularly 6101 Brooklyn Boulevard. 14. The applicant shall enter into a development agreement with the City, to be reviewed and approved with the City Attorney and executed prior to the issuance of any permits to include provisions relating to the above stated conditions. 15. Building permits for this project shall not be issued until the plat comprehended under Planning Commission Application No. 93014 has been given final approval by the City Council and filed with Hennepin County. 16. Use of the property shall be governed by, and shall comply in all respects with, the requirements of the City's Zoning Ordinance with respect to the C2 zone with the following exceptions: a. A buffer of less than 35' where the property abuts with R1 zoned property is allowed but only in the areas indicated on the approved development plan subject to continuing compliance with the landscaping, buffering and screening indicated on that plan. b. The automobile service and repair operation is allowed to be expanded but only in compliance with the approved development Date November 8, 1993 er kind _Atm., Deputy Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, and Barb Kalligher; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.