HomeMy WebLinkAbout2011-08 PCR Member Morey introduced the following resolution and moved its
adoption:
PLANNING COMMISSION RESOLUTION NO. 2011 -08
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2011 -010, A REQUEST FOR
PRELIMINARY PLAT APPROVAL OF RAINBOWS GARDEN CITY
SECOND ADDITION
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 and parking facilities 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.
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. 2011 -010
submitted by Jeff Kauerz on behalf of AutoZone Inc. be approved based upon the following
considerations:
1. The final plat is subject to the provisions of Chapter 15 (Platting) of the City Ordinances
(attached hereto).
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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.
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Date Chair
ATTEST:
Secretary
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The motion for the adoption of the foregoing resolution was duly seconded by member Schonning
and upon vote being taken thereon, the following voted in favor thereof:
Chair Pro Tem Kuykendall, Commissioners Morey, Morgan, Parks, and Schonning.
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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