Loading...
HomeMy WebLinkAbout2013-083 CCR Member Lin Myszkowski introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-83 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-008 SUBMITTED BY THE LUTHER COMPANY, LLLP REQUESTING SITE AND BUILDING PLAN APPROVAL OF THE NEW LUTHER BROOKDALE VOLKSWAGEN AUTOMOBILE DEALERSHIP FACILITY (6801 & 6837 BROOKLYN BOULEVARD) WHEREAS, Planning Application No. 2013-008, submitted by The Luther Company, LLLP ("Developer"), requesting approval of a new Site and Building`Plan of a proposed Luther Brookdale Volkswagen automobile dealership facility, located at 6801 and 6837 Brooklyn Boulevard(the "Subject Property"), and WHEREAS, the Planning Commission held a public meeting on July 11, 2013,to fully consider Planning Application No. 2013-008, and reviewed and received a planning report on the proposed new Site and Building Plans for the proposed 32,100 sq. ft. Luther Brookdale Volkswagen development and other related site improvements; and WHEREAS, in light of all testimony received, and utilizing the guidelines for evaluating the site and building plans as contained in Section 35-230 of the City's Zoning Ordinance and the Comprehensive Plan,the Planning Commission considered the site and building plans for the new Luther Brookdale Volkswagen facility, and determined it to be an appropriate and reasonable redevelopment of the Subject Site; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that the Site and Building Plan of the proposed Luther Brookdale Volkswagen facility as comprehended under Planning Application No. 2013-008, be approved based upon the following considerations: 1. The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2. The Site and Building Plan on the Subject Site will facilitate the redevelopment and improvement of this site, which allows for the utilization of the land in question in a manner that is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; 3. The improvements and utilization of the property as proposed under the Site Plan of this site is considered a reasonable use of the property and will conform with ordinance standards; 4. The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; RESOLUTION NO. 2013-83 5. The Site and Building Plan 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 and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance are met and the site proposal is,therefore, in the best interest of the community. WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center hereby further recommends the City Council approve Planning Application No. 2013-008 subject to the following conditions: 1. Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated July 2, 2013. 2. The Developer shall provide a detail of the proposed retaining wall and fence along the westerly lot line area. Final placement and approval shall be made under the building permit review. 3. The Developer shall combine for tax purposes the two lots addressed as 6801 and 6837 Brooklyn Boulevard (Lots 1 and 2, Block 1, Northtown Plaza 3rd Addition) owned by Luther 394 Properties, LLC (Luther Company LLLP); the combination of which secures the ability to use these two lots for the single automobile dealership only. No separation of these lots may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. 4. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. 5. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 6. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. The new trash enclosure with same building materials as those used to construct the principal building. 7. All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. RESOLUTION NO. 2013-83 8. Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) signs. New signs are subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 9. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 10. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. 11. The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. 12. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,Minnesota, that Planning Application No. 2013-008 as submitted by The Luther Company, LLLP requesting approval of a new Site and Building Plan of the proposed Luther Brookdale Volkswagen automobile dealership facility, located at 6801 and 6837 Brooklyn Boulevard , is hereby approved subject to the conditions memorialized herein. c , Jul 2� 2, 2013 i Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Carol Kleven and upon vote being taken thereon, the following voted in favor thereof: .Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.