HomeMy WebLinkAbout2006-02 PCR Member Grady Boeck introduced the following resolution and moved
its adoption:
PLANNING COMMISSION RESOLUTION NO. 2006 -02
RESOLUTION REGARDING THE RECOMMENDED 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 Avenue
North and addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 69' Avenue
North and 410169" 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 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.
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. 2006 -009
submitted by the Luther Company Limited Partnership 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
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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.
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. 2006 -009 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.
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.
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.
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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 building 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 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 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.
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'F/o C
Date Chair
TEST• / -•-
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
Rachel Lund and upon vote being taken thereon, the following voted in favor
thereof: Chair Willson, Commissioners Boeck, Lund, Parks, Rahn and Roche.
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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