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HomeMy WebLinkAbout2006-098 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 20Dh-98 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2006-009 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP WHEREAS, Planning Commission Application No. 2006-009 submitted by the Luther Company Limited Partnership proposes rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) of four contiguous lots located on the easterly side of Brooklyn Boulevard between I-94 and 69 h Avenue North and addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 696 Avenue North and 4101 69t` Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property; and WHEREAS, the Planning Commission held a duly called public hearing on August 17, 2006 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. 2006- 009 by adopting Planning Commission Resolution No. 2006-02 on August 17, 2006; and WHEREAS, the City Council considered Application No. 2006-009 at its August 28, 2006 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2006-009 submitted by the Luther Company Limited Partnership be approved based upon of the following considerations: The Planned Unit Development proposal 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 automobile repair to abut residential property, a less than 15 ft. green strip adjacent to Brooklyn Boulevard right of way and not requiring two parcels that are under common ownership and proposed for common use to be required to be replatted 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. RESOLUTION NO. 2006-98 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. 2006-009 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 or 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. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The buildings 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 issuance of building permits. RESOLUTION NO. 2006-98 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 building additions until the plat comprehended under Planning Commission Application No. 2006-010 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. Approval of this Planned Unit Development acknowledges the expansion of the Brookdale Dodge showroom/service center and the use of the old Ryan Olds property for interim storage and display of vehicles only. Plans for a new dealership at 6700 Brooklyn Boulevard are subject to an amendment to this Planned Unit Development. 16. The owner shall enter into cross access and parking agreements, as approved by the City Attorney, between the sites addressed as 4215 69th 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. Aueust 28.2006 - Date May ATTEST: _ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Lasmanm, Diane Niesen, and Mary O'Connor; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.