HomeMy WebLinkAbout2002-05 PCR Member Boeck introduced the following resolution and moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 2002 -05
RESOLUTION REGARDING THE RECOMMENDED DISPOSITON OF
PLANNING COMMISSION APPLICATION NOS. 2002 -018 AND 2002 -019
SUBMITTED BY MCDONALD'S CORPORATION.
WHEREAS, City Council Resolution No. 98 -133 adopted on July 27, 1998
approved a rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce)
of the area bounded on the north by 66 Avenue and the SuperAmerica site; on the east by TH 252;
on the south by Interstate 694; and on the west by Camden Avenue North; and
WHEREAS, that Planned Unit Development (PUD) proposal also included
development plan approval for the Regal Theater and certain conditions related to development on
surrounding property; and
WHEREAS, condition No. 16 of that Resolution stated "the applicant has agreed
and the City acknowledges that it will not allow the development of `pad site 2' and `pad site 3' as a
fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn
shop or check cashing operation and the development agreement will acknowledge this restriction
or limitation on the future use of the property"; and
WHEREAS, Planning Commission Application Nos. 2002 -018 and 2002 -019
submitted by McDonald's Corporation requesting a Planned Unit Development to modify the
original Planned Unit Development approval and agreement to allow the construction of an
otherwise non - permitted convenience food restaurant at the southeast corner of 66 and Camden
Avenues North and development plan approval for a 4,300 sq. ft., 90 seat McDonald's restaurant;
and
WHEREAS, the Planning Commission held a duly called public hearing on
December 12, 2002, when a staff report and public testimony regarding the Planned Unit
Development amendment and development plan were received; and
WHEREAS; the Planning Commission considered the Planned Unit Development
Amendment 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, the City's
Comprehensive Plan and recommendations from members of the Northeast Neighborhood
Advisory Group.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application Nos. 2002 -018
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and 2002 -019 submitted by McDonald's Corporation be denied in light of the following
considerations:
1. The proposed PUD amendment is not compatible with the policy and review
guidelines contained in Section 35 -208 of the City Ordinances in the following
ways:
a. No clear and public need or benefit has been shown by their proposal nor is
there a broad public purpose evident.
b. The proposed PUD amendment does not demonstrate merit beyond the
interests of the owner or the applicant.
C. The proposed PUD amendment is not consistent with and compatible with
surrounding land uses.
d. The PUD amendment proposal has not shown that the property is unsuited
for the types of uses contemplated under the original Planned Unit
Development.
2. The proposed PUD amendment is not consistent with Section 35 -355 in the
following ways.
a. The proposed PUD amendment is not considered to be compatible with the
standards, purposes and intent of the Planned Unit Development section of
the Zoning Ordinance.
b. The Planned Unit Development amendment proposal is considered to have a
negative impact on the neighborhood in which it is located.
C. The applicant has not shown that their proposed PUD amendment offers
sufficient mitigating circumstances to modify the original Planned Unit
Development to allow a convenience food restaurant on the site or other
disallowed uses.
3. The proposed Planned Unit Development amendment does not appear to be a good
utilization of the property under consideration and the future potential uses of the
two adjacent properties for commercial restaurant sites, other than convenience food
restaurant sites, is a good long range use of the existing land and can be considered
an asset to the community.
4. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings contained in Section 35 -208 of the City's Zoning Ordinance are not met
and that this proposal is, therefore, not 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 the development plan proposed under
Application No. 2002 -019 be denied on the basis that the use is inconsistent with the provisions of
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the original Planned Unit Development.
12 -12 -02
Date Chair
ATTEST•
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member Reem
and upon vote being taken thereon, the following voted in favor thereof. Chair Willson,
Commissioners Boeck, Erdmann, Newman, Rahn and Reem.
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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