HomeMy WebLinkAbout2011-09 PCR Member Parks introduced the following resolution and moved its
adoption:
PLANNING COMMISSION RESOLUTION NO. 2011 -09
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2011 -011 SUBMITTED BY
JEFF KAUERZ ON BEHALF OF AUTOZONE INC.
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.
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 -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.
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
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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 Planning Advisory Commission of the City
of Brooklyn Center to recommend to the City Council that Application No. 2011 -011 be approved
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.
4. Provide cross utility agreements between the properties.
5. The fifty -six (56) parking stalls (east of AutoZone) should be identified and included
in the shared parking access exhibits.
6. Revise the north arrow on the preliminary plat to indicate north correctly.
7. Execution of a PUD development agreement as prepared by the City Attorney.
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Date Chair
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member Morgan
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:
whereupon said resolution was declared duly passed and adopted.
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