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HomeMy WebLinkAbout2011-080 CCR Councilmember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2011-80 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -011 SUBMITTED BY JEFF KAUERZ FOR AUTOZONE WHEREAS, Planning Commission Application No. 2011 -011 submitted by Jeff Kauerz on behalf of AutoZone Inc. proposes rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of a 12.41 acre lot; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property to provide flexibility in the establishment of shared parking and access easement rights across property lines, plus allowance of a zero -lot line setback between parking facilities; and WHEREAS, the Planning Commission held a duly called public hearing on May 12, 2011, when a staff report and public testimony regarding the rezoning, overall development plan and access easement documents with legal descriptions and illustrations demonstrating the shared parking and access easements were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezoning 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; and WHEREAS, the Planning Commission recommended approval of Application No. 2011 -011 by adopting Planning Commission Resolution No. 2011 -09 on May 12, 2011; and WHEREAS, the City Council considered the Planned Unit Development rezoning and in light of all testimony received, the guidelines and standards for evaluating this rezoning 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 complies with the goals and objectives of the City's 2030 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. 2011 -011 submitted by Jeff Kauerz on behalf of AutoZone ' Inc. 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. RESOLUTION NO. 2011 -80 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 to ordinance standards established by the underlying C -2 Zone. These modifications from the C-2 standards are justified on the basis of the development being an appropriate sharing of parking resources and facilities between these properties and the commercial uses for this area. Furthermore, this PUD offsets or mitigates the requirements of installing physical separators or improvements that may impede normal, orderly and seamless transition between properties by customer vehicles and pedestrians. 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 development can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezoning 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 approved Planning Application No. 2011 -011 subject to the following conditions and considerations: 1. Completion of the platting of Rainbows Garden City Second Addition. 2. City Attorney review and approval of the submitted document labeled "Exhibit _" which provides legal descriptions and illustrations of the proposed parking easements, access easements and shared access easements to serve the existing and future owners of proposed Lot 1 and 2, Block 1, Rainbows Garden City Second Addition, and including Lot 1, Block 1 Rainbows Garden City Addition (Walgreen's). 3. Property owners shall provide an executed copy (with all affected property owners signatures) of the shared access easements and parking easements prior to release of the final plat. Said agreement must show or detail which parking stalls are to be shared. RESOLUTION NO. 2011 -80 4. Provide cross utility agreements between the properties. 5. Revise the north arrow on the preliminary plat to indicate north correctly. 6. Execution of a PUD development agreement as prepared by the City Attorney. 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 Layman, Tim Roche, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.