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HomeMy WebLinkAbout2012-112 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-112 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-017 SUBMITTED BY OMAR ABUISNAINEH TO REZONE PROPERTY LOCATED AT 6901 - 6915 BROOKLYN BOULEVARD FROM Cl (SERVICE/OFFICE) AND C2 (COMMERCE) TO PUD/C2 (PLANNED UNIT DEVELOPMENT/ COMMERCE) DISTRICT AND APPROVE A NEW DEVELOPMENT/SITE PLAN WHEREAS, Planning Commission Application No. 2012-017 submitted by Omar Abuisnaineh proposes a Rezoning from C1 (Service/Office) and C2 (Commerce) to PUD/C2 (Planned Unit Development/Commerce) District and approval of new Development/Site Plan for the properties located at 6901 and 6915 Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property to facilitate the planned and future expansion of a proposed parking lot addition on the subject properties; and WHEREAS, the Planning Commission held a duly called public hearing on August 16, 2012, whereby a planning report was presented and public testimony regarding the rezoning and development plan were received, and WHEREAS, the subject properties are identified and guided in the 2030 Comprehensive Plan as OS/RB (Office-Service and Retail Business) use, and the proposed PUD/C2 Zoning comprehended under this application would be consistent with this underlying land use category; 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, along with the provisions and standards of the C2 (Commerce) district contained in Section 35-322, along with the provisions and standards of the Planned Unit Development district contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does recommend to the City Council that Application No. 2012-017 be approved based upon the following findings: 1 A. The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; RESOLUTION NO. 2012-112 B. The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; subject to the site plan issues being fully resolved by the City and Applicants; C. The rezoning will facilitate the redevelopment plan of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. D. The proposed zoning is consistent and compatible with the surrounding land use classifications; E. The proposed rezoning will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial sector, especially within the Brooklyn Boulevard corridor area, and will help stimulate new investments in the neighborhood and community. F. The proposed rezoning will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: i. helps to increase employment opportunities, tax base and eliminates a vacant commercial building site; ii. provides for the redevelopment of a potentially obsolete and underutilized site into a use(s) that address needs in the marketplace; iii. The proposed rezoning and related development plan will provide an opportunity to create a new zoning district provides for a more flexible use of the commercial site and which encourages good design. G. 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. RESOLUTION NO. 2012-112 AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center further recommends to the City Council that Application No. 2012-017 be approved subject to the following conditions and considerations: 1. All conditions noted in the City Engineer's Review Memorandum (dated 08/06/12) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 2. The Applicant must apply for and receive final plat approval to combine the two parcels under this PUD. No work on the parking area will be permitted unless authorized by the City Engineer. 3. The Applicant shall provide additional opaque screening fence, minimum 6-feet in height, along the entire westerly and northerly boundaries of the subject site. 4. Applicant shall provide additional fencing and/or screening to a minimum of 3 to 3.5 feet in height within the 10-foot green-strip setback area between the new parking area and Brooklyn Boulevard. Landscaping will be installed along this fencing area and be adjusted accordingly to the new fence's opacity, with plant materials and amount to be determined and approved by the City's Business and Development Director. 5. The Applicant shall submit a photometric plan for all new lighting on this site. All new lighting shall meet or exceed those requirements established under Section 35-712 of the City Ordinance. The review and final considerations must be completed under the building permit and/or land disturbance permit review. 6. 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. 7. The Applicant shall enter into and execute a new PUD development agreement as prepared by the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the findings and considerations to comprehend the approval of Planning Application No. 2012-017, as determined by the Planning Commission, are hereby accepted, and the request for the Rezoning from Cl (Service/Office) and C2 (Commerce) to PUD/C2 (Planned Unit Development/Commerce) District and approval of new RESOLUTION NO. 2012-112 Development/Site Plan for the properties located at 6901 and 6915 Brooklyn Boulevard, is also hereby approved and subject to the same conditions memorialized in this resolution. August 27, 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski 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. t