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HomeMy WebLinkAbout2011-079 CCR Councilmember Tim Roche introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 -79 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -010 SUBMITTED BY JEFF KAUERZ FOR AUTOZONE WHEREAS, Planning Commission Application No. 2012 -010 submitted by Jeff Kauerz on behalf of AutoZone Inc. requests Preliminary Plat approval of a subdivision to be titled Rainbows Garden City Second Addition, which is a replat of Lot 2, Block 1, Rainbows Garden City Addition, located at 6300 Brooklyn Boulevard; and WHEREAS, this plat is being requested to create a separate lot for the benefit of a new AutoZone retail store and the reminder lot will be for the benefit of the existing MaxSun retail center; and WHEREAS, the Planning Commission held a duly called public hearing on May 12, 2011, at which time a staff report and public testimony regarding the preliminary plat of Rainbows Garden City Second Addition were received; and WHEREAS, the review of this plat application has determined that the existing retail buildings on the proposed Lot 1 and 2, Block 1 of Rainbow Gardens City Second Addition will continue to meet zoning standards for setbacks in the underlying C -2 (Commerce) Zone; and WHEREAS, the review of this plat application is also being done in conjunction with a separate rezoning consideration under Planning Application No., 2011 -010, of which the same applicant listed herein requests rezoning from C -2 Commerce to PUD /C -2 Planned Unit Development / Commerce, and which PUD /C -2 rezoning will recognize and allow for zero lot line setbacks of shared parking facilities between the existing commercial users of this site, along with shared parking and access easement rights between these properties, and WHEREAS, the creation of this plat will provide the legal descriptions and exhibit for establishing the new zoning previously described herein, and only for those two newly created lots identified on said plat; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommended approval of Application No. 2011 -010 submitted by Jeff Kauerz on behalf of AutoZone Inc. by adopting Planning Commission Resolution No. 2011 -08 on May 12, 2011; and WHEREAS, the City Council considered Application No. 2011 -010 at its May 23, 2011, meeting, considered the Preliminary Plat in light of all testimony received and the Planning Commission's recommendations. RESOLUTION NO. 2011 -79 r NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -010, submitted by Jeff Kauerz on behalf of AutoZone Inc. be approved with the following conditions: 1. The final plat is subject to the provisions of Chapter 15 (Platting) of the City Ordinances (attached hereto). 2. All drainage and utility easements recommended to be vacated by the City Engineer shall be vacated by ordinance amendment prior to final plat approval. 3. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. 4. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 5. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 6. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 7. The plat must include dedicated easements over the following locations and existing or proposed public utility and trail /sidewalk locations, as determined by the City Engineer: a. A two foot (2') minimum sidewalk easement along the east property line along Beard Avenue, from the outside edge of the existing sidewalk. b. A two foot (2') minimum sidewalk easement along the southerly property line along 63rd Avenue, from the outside edge of the sidewalk. 8. Revise the north arrow on the preliminary plat to indicate north correctly. 9. Provide an executed copy of a shared access easement over Lot 2, Block 1 of the proposed plat for a shared driveway access onto CSAH 152 and onto 63 Avenue. A shared access agreement between the properties including Lot 1, Block 1 Rainbows Garden City First Addition must be provided prior to release of the final plat. 10. The boundary and topographic survey must show the sanitary sewer and water service and material. RESOLUTION NO. 2011 -79 May 23, 2011 Date Mayor ATTEST: 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, Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.