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HomeMy WebLinkAbout2008-081 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2008-81 RESOLUTION REGARDING THE 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 69th Avenue North and addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 69th Avenue North, and 4101 69th Avenue, 4011 69ffi 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 received; and WHEREAS, the Planning Commission recommended approval of Application No. 2008-005 by adopting Planning Commission Resolution No. 2008-03 on July 17, 2008; and WHEREAS, the City Council considered Application No. 2008-005 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2008-005 submitted by the Luther Company LLLP be approved based upon the following considerations: The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. RESOLUTION NO. 2008-81 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 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 City Council of the City of Brooklyn Center 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. RESOLUTION NO. 2008-81 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. 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 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. 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. RESOLUTION NO. 2008-81 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. 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. 19. There shall be no outdoor paging, announcing, or other amplified voice or music on the site. Y'"~~~ JUN 28.2008 Date _ Mayor ATTEST: jf I City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.