HomeMy WebLinkAbout2012-062 CCR Member Kay Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2012-62
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2012-002 SUBMITTED BY
PAUL HYDE OF REAL ESTATE RECYCLING, LLC, FOR THE REZONING
OF LAND LOCATED AT 4001 LAKEBREEZE AVENUE NORTH FROM C2
(COMMERCE) TO PUD-MIXED C2/1-1 (PLANNED UNIT DEVELOPMENT-
MIXED COMMERCE AND INDUSTRIAL PARK)
WHEREAS, Planning Commission Application No. 2012-002 submitted by Paul
Hyde, on behalf of Real Estate Recycling, LLC proposes rezoning the 7.39 acre site located at
4001 Lakebreeze Avenue North, along with the 1.27 acre MnDOT excess right-of-way parcel
located adjacent to and immediately east of the 7.39 acre site (herein referred to as the "Subject
Site"), from C2 (Commerce) to PUD-Mixed C2/I-1 (Planned Unit Development - Mixed
Commerce and Industrial Park) of; and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
Subject.Site to facilitate the planned and future redevelopment of the site with a proposed 90,000
sq. ft. office/industrial/warehouse facility on said properties; and
WHEREAS, on February 13, 2012, the City Council adopted City Resolution
No. 2012-031 which approved an amendment to the 2030 Comprehensive Plan by changing the
land use designation on the Subject Site from OS-Office/Service Business to a new Mixed-Use
OS/I - Office-Service Business/Industrial; and whereby the City subsequently received official
notice from the Metropolitan Council by means of letter of approval, dated March 13, 2012 in
which said land use amendment was accepted by the Met Council;and
WHEREAS, the Planning Commission held a duly called public hearing on April
12, 2012, whereby a planning staff report was presented and public testimony regarding the
rezoning and development plan (concept only)were received; and
WHEREAS, the Planning Commission considered the rezoning 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 C2 (Commerce) and I-1 (Industrial Park) Zoning
District standards contained in Sections 35-322 and 35-330 of the City's Zoning Ordinance, and
the City's Comprehensive Plan; and
WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center
recommends to the City Council that the rezoning element comprehended under Application No.
2012-02, as submitted by Paul Hyde of Real Estate Recycling, LLC be approved based upon the
following considerations:
RESOLUTION NO. 2012-62
1. The planned rezoning is compatible with the standards, purposes and intent
of the City's Zoning Ordinance;
2. The rezoning, which will facilitate the redevelopment and improvement of
the Subject Site, 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 rezoning and utilization of the Subject Site as proposed under the
planned redevelopment of said site is considered a reasonable use of the
property and will conform with ordinance standards, in particular the
incorporation of the 100 ft. and 50 ft. buffer requirements where industrial
uses abut residential zoned property at a property line and a street line
respectively;
4. The rezoning and land use amendment proposal is considered consistent
with the recommendations of the City's Comprehensive Plan for this area of
the city;
5. The rezoning proposal appears to be a good long range use of the existing
land and this proposed development can be considered an asset to the
community; and
6. Based upon the above considerations, it is believed that the guidelines for
evaluating rezoning's 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.
AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn
Center recommends to the City Council that Application No. 2012-002 be approved subject to the
following conditions memorialized herein.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Brooklyn Center, that Planning Commission Application No. 2012-002 submitted by Paul Hyde,
on behalf of Real Estate Recycling, LLC, which proposes the rezoning the 7.39 acre site located at
4001 Lakebreeze Avenue North, along with the 1.27 acre MnDOT excess right-of-way parcel
located adjacent to and immediately east of the 7.39 acre site (the Subject Site), from C2
(Commerce) to PUD-Mixed C2/I-1 (Planned Unit Development — Mixed Commerce and
Industrial Park), is hereby approved based on the following conditions:
RESOLUTION NO. 2012-62
1) The rezoning is subject to the successful acceptance and approval by the
City Council of the final development/site plan proposed for the subject
site.
2) No part of the land may be used or developed under the site plan labeled
"conceptual" until such time as the Applicant submits a separate site and
building plan application.
3) The submittal and approval of the platting and combining of the former
Northwest Athletic Club (Lifetime Fitness) parcel and the former Denny's
Restaurant (now excess MnDOT right-of-way parcel), to a yet unnamed or
identified subdivision plat.
a
April 23, 2012
Date Mayor
ATTEST: � �G��%1 4��
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, Lin Myszkowski, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.