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HomeMy WebLinkAbout2009-052 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2009-52 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008-003 SUBMITTED BY THE LUTHER COMPANY LLLP; AMENDING AND SUPERSEDING RESOLUTION NO. 2008-80 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 1-94 and 681h Avenue North and addressed as 6701 Brooklyn Boulevard, 430168 1h Avenue North and 4315 68`h 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 recommended approval of Application No. 2008-003 by adopting Planning Commission Resolution No. 2008-02 on July 17, 2008; and WHEREAS, the City Council considered Application No. 2008-003 at its July 28, 2008 meeting; and WHEREAS, the City Council has considered this 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, the City's Comprehensive Plan and the Planning Commission's recommendations; and WHEREAS, on July 28, 2008 the City Council adopted Resolution 2008-80 approving Application No. 2008-003 with conditions; and WHEREAS, at the request of Luther Company LLLP, and upon due consideration, the City Council has determined that Resolution 2008-80 should be amended as provided herein. 1 RESOLUTION NO. 2009-52 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center 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 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 1-94 and display pads with pergolas or railings along Brooklyn Boulevard, 68t" Avenue and 1-94 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 City Council of the City of Brooklyn Center that Application No. 2008-003 be approved 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 building permits. RESOLUTION NO. 2009-52 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. 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. 1 RESOLUTION NO. 2009-52 13. A portion of the site, addressed as 4315 68th Avenue North (the "Applicant's Parcel"), is owned by the applicant. The remainder of the site, two lots addressed as 6701 Brooklyn Boulevard and 4301 68th Avenue North, (collectively referred to as the "Remainder Parcel"), is under the control of the applicant for purposes of use and development under a lease with the owner, and is subject to an option to purchase by the applicant. Applicant has represented that it will acquire the Remainder Parcel under said option agreement and promptly thereafter will replat the two parcels into a single lot, and that it will subject the entire site (the "Combined Parcel") to a recorded declaration of covenants to be reviewed and approved by the City Attorney. Said declaration shall be filed with the title to the Combined Parcel and shall acknowledge the specific modification to the requirements of the C-2 underlying zoning district as well as other conditions of approval. The declaration shall further assure compliance with the development plan submitted with the application. Until the applicant or its successors in interest acquire ownership of the Remainder Parcel, plat it with the Applicant's Parcel into a single lot, and record the above described declaration of covenants against the Combined Parcel, the applicant shall enter into a PUD Agreement with the City, conforming to all requirements applicable to the Declaration of Covenants other than recording against title to the Combined Parcel, and subjecting the interest of the applicant in both parcels to the terms thereof. No building permits will be issued for buildings that do not meet the requirements for building setbacks between the Applicant's Parcel and the Remainder Parcel until the two are replatted as a single lot. No building permits will be issued for the site if the Applicant's Parcel and the Remainder Parcel are under common ownership and there is not recorded against the entire site a declaration of covenants meeting the requirements of this paragraph. The entire site will not be in compliance with the requirement of the City's zoning code and no building permits will be issued if any part of the site comes into the possession and control of a party that is not subject to either a declaration of covenants or a PUD Agreement meeting the requirements of this paragraph. 14. Appropriate cross access and parking agreements, as approved by the City Attorney shall be executed and filed with the title to the Applicant's Parcel for the benefit of the Remainder Parcel prior to the issuance of building permits or certificates of occupancy 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. 1 1 RESOLUTION NO. 2009-52 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. 17. The owner shall replat the property in accordance with Section 35-540 once common ownership of the lots is attained. Once the entire site is under common ownership, no building permits will be issued for the site until it is replatted as a single lot. 18. There shall be no outdoor paging, announcing, or other amplified voice or music on the site. 1 1 BE IT FURTHER RESOLVED, by the City Council of the City of Brooklyn Center that Resolution is amended and superseded by this Resolution. April 13, 2009 Pate Mayor ATTEST: 's6rmn- City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.