Loading...
HomeMy WebLinkAbout2013-084 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-84 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-011 SUBMITTED BY THE LUTHER COMPANY, LLLP, FOR A 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 (LOCATED AT 3955, 4001 & 4007-69'x'AVENUE NORTH) 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 & 4007-69th 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 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 and rezoning applications, the City would allow the approval of this proposed Planned Unit Development Amendment as comprehended under this Planning Application No. 2013-011;and RESOLUTION NO. 2013-84 WHEREAS, the Planning Commission considered the planned unit development amendment 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. WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that Application No. 2013-011 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 the allowance of reduced parking setbacks from 35-feet to 15-feet along the east boundary line and from 35-feet to 25-feet along the south boundary line. 5. The modifications from the Zoning Ordinance standards as noted in No. 4 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. 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. RESOLUTION NO. 2013-84 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. AND BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center,that Application No. 2013-011 submitted by The Luther Company,LLLP requesting Planned Unit Development Amendment to the 2008 Luther Auto Brookdale Honda- Toyota PUD,be approved subject to the following conditions and additional PUD standards: 1. The Developer shall be allowed reduced setbacks for the vehicle storage/parking area comprehended under this amended PUD Site and Development Plan, from 35-feet to 15-feet along the east boundary line; and from 35-feet to 25-feet along the south boundary line. 2. 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 extensidn of underground irrigation systems to cover boulevard areas, including all areas inside and outside the new walls and/or fences. 3. 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. 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. 5. 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. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Brooklyn Center, 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, be approved subject to the conditions and standards as memorialized herein. RESOLUTION NO. 2013-84 July 22, 2013 ` 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, 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.