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HomeMy WebLinkAbout2013-085 CCR Member Lin Myszkowski introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-85 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-010 SUBMITTED BY THE LUTHER COMPANY, LLLP TO REZONE PROPERTIES FROM R3- MULTIPLE FAMILY RESIDENCE TO PUD/C2-PLANNED UNIT DEVELOPMENT/COMMERCE DISTRICT (LOCATED AT 3955, 4001 & 4007 -691h 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 & 4007-69th Avenue North; and WHEREAS t he p ro posal comprehen ds 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, 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 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 would allow the recommended rezoning of these properties to take place; 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 RESOLUTION NO. 2013-85 WHEREAS, the Planning Commission of the City of Brooklyn Center does hereby 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 69 th A v ennue North corridor areas, and will help stimulate new investments in the neighborhood and community. 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. RESOLUTION NO. 2013-85 NOW THEREFORE BE IT RESOLVED,the City Council of the City of Brooklyn Center, 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 - 69th Avenue North, may be approved subject to the following conditions and considerations: I. 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. July 22,2013 Date Mayor ATTEST: 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, 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.