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HomeMy WebLinkAbout2013-11 PCR Commissioner Schonning introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-11 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-010 AND 2013-011 SUBMITTED BY THE LUTHER COMPANY, LLLP TO REZONE PROPERTIES FROM R3 (MULTIPLE FAMILY RESIDENCE) TO PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE) DISTRICT AND PUD AMENDMENT TO THE 2008 LUTHER AUTO TOYOTA-HONDA PLANNED UNIT DEVELOPMENT, BY INCORPORATING THREE PARCELS OF LAND AREA (TOTALING 1.78 ACRES) INTO THE NEW HONDA AUTOMOBILE DEALERSHIP SITE, WHICH IS PART OF THE APPROVED 2008 LUTHER AUTO HONDA-TOYOTA PLANNED UNIT DEVELOPMENT, AND INCLUDES A PROPOSED SITE DEVELOPMENT PLAN TO PROVIDE ADDITIONAL VEHICLE STORAGE AND PARKING AREA FOR THE HONDA DEALERSHIP (ALL FOR THE PROPERTIES LOCATED AT 3 95 5, 4001 & 4007—69"AVENUE NORTH) WHEREAS, Planning Commission Application No. 2013-010 submitted by The Luther Company, LLLP, requesting the rezoning from R3 (Multiple Family Residence) to PUD/C2 (Planned Unit Development/Commerce) District, for the properties located at 3955, 4001 & 4007—69" Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned properties to facilitate the planned and future redevelopment of the three parcels by incorporating the properties into the 2008/2011 Luther Brookdale Honda-Toyota PUD, to create additional vehicle parking and storage area for the Honda dealership site; and WHEREAS, Planning Commission Application No. 2013-011 submitted by The Luther Company, LLLP, requesting PUD Amendment to the 2008 Luther Auto Toyota-Honda Planned Unit Development, by incorporating three parcels of land area (totaling 1.78 Acres) into the New Honda Automobile Dealership Site, which is part of the approved 2008 Luther Auto Honda-Toyota Planned Unit Development, and includes a proposed Site Development Plan to Provide Additional Vehicle Storage and Parking Area for the Honda Dealership, for the properties located at 3955, 4001 & 4007—691h Avenue North); and WHEREAS, the Planning Commission held a duly called public hearing on July 11, 2013, whereby a planning report was presented and public testimony regarding the rezoning and planned unit development amendment and its related proposed site development plan were received, and WHEREAS, the current zoning of R3 (Multiple Family Residence) district and underlying land use of SF-Single Family, as identified in the 2030 Comprehensive Plan would not Res.2013-11 1 of 5 I allow the redevelopment of this site as planned by The Luther Company under such zoning and land use category; and WHEREAS, the City of Brooklyn Center is reviewing under separate application and public hearing process a land use amendment to the current 2030 Comprehensive Plan in order to change the current land use designation from"SF-Single Family"to "RB-Retail Business"; and WHEREAS, subject to a successful outcome of this land use amendment action,the City may allow the recommended rezoning of these properties; 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 Planned Unit Development district contained in Section 35-355 of the City's Zoning Ordinance; and AND WHEREAS, the Planning Commission also considered the planned unit development request in light of all testimony received, the guidelines for evaluating a planned unit development amendment as contained in Section 35-355 of the City's Zoning Ordinance. 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. 2012-010 submitted by The Luther Company, LLLP be approved based upon the following findings: 1. 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; 2. 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; 3. 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. 4. The proposed zoning is consistent and compatible with the surrounding land use classifications; 5. The proposed rezoning will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's commercial sector, especially around the Brooklyn Boulevard and 691h Avennue North corridor areas, and will help stimulate new investments in the neighborhood and community. Res.2013-11 2 of 5 6. The proposed rezoning will enhance and strengthen City Center's economic viability and status in the regional market place by the following supporting statements: a) helps to increase employment opportunities, tax base and eliminates a vacant commercial building site; b) provides for the redevelopment of a potentially obsolete and underutilized site into a use(s) that address needs in the marketplace; C) 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. AND THEREFORE, BE IT ALSO RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2012-011 submitted by The Luther Company, LLLP be approved based upon the following findings: 1. The PUD Amendment as presented appears to be a reasonable request and redevelopment of this land area, and the reduced parking setback and buffer requirements can be allowed due to the mitigation plans by the Developer in providing the screening and landscaping as presented in the proposed site development plans; 2. The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 3. The Planned Unit Development Amendment 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. 4. The utilization of the property as proposed under the Planned Unit Development Amendment is considered a reasonable use of the property and will conform with ordinance standards, except for allowing the reduced parking setbacks from the east and south boundary lines, from 35-feet to 25- feet in both areas. 5. The modifications from the Zoning Ordinance standards as noted in No. 3 above are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development plan. Res.2013-11 3 of 5 6. The Planned Unit Development Amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 7. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 8. Based upon the above considerations, it is believed that the guidelines for evaluating Planned Unit Development as contained in Section 35-355 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, whom hereby recommend to the City Council, that Application No. 2012-010 submitted by The Luther Company, LLLP requesting to rezone from R3 (Multiple Family Residence) to PUD/C2 (Planned Unit Development/Commerce) District, the properties located at 3955, 4001 & 4007—691h Avenue North, may be approved subject to the following conditions and considerations: 1. The Metropolitan Council approval of the land use amendment change of this site from"SF-Single Family" to "RB-Retail Business" designation. 2. The rezoning shall become valid only if the City Council adopts the proposed land use amendment change (under separate consideration), and accepts and approves the final development/site and building plans for this Planned Unit Development. 3. 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. 4. All conditions noted in the City Engineer's Review Memorandum (dated 07/02/2013) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. AND BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center, whom hereby recommend to the City Council, that Application No. 2012-011 submitted by The Luther Company, LLLP requesting Planned Unit Development Amendment to the 2008 Luther Auto Brookdale Honda-Toyota PUD, subject to the following conditions: 1. The Developer shall submit for future Planning Commission review the final site development plan of this vehicle parking/storage area. The plans shall include or acknowledge the extension of underground irrigation Res.2013-11 4 of 5 systems to cover boulevard areas, including all areas inside and outside the new walls and/or fences. 2. No land disturbance or building permit will be issued for construction of the proposed parking area or any improvements in this area, until the Developer combines the three lots subject to this amendment process into one single - use lot with Lot 1, Block 1, Bri Mar Second Addition (Honda Dealership Lot) or steps have been made by the Developer to make application for completing the subdivision plat. 3. All conditions noted in the City Engineer's Review Memorandum (dated 07/02/2013) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 4. The Developer shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. July 11, 2013 Date Chair r ATTEST: ' Secretary The motion for the adoption of the foregoing resolution was duly seconded by Member Christensen and upon vote being taken thereon,the following voted in favor thereof. Chair Burfeind, Commissioners Christensen , and Schonning. and the following voted against the same: Morgan and Parks whereupon said resolution was declared duly passed and adopted. Res.2013-11 5 of 5