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HomeMy WebLinkAbout2013-094 CCRMember Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-94 RESOLUTION APPROVING A LAND USE AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FROM "SF-SINGLE FAMILY" TO "RB-RETAIL BUSINESS", RELATIVE TO THE R3-MULTIPLE FAMILY RESIDENTIAL ZONED LAND GENERALLY LOCATED AT 3955, 4001 AND 4007 - 69 TH AVENUE NORTH WHEREAS, on March 22, 2010, the City Council unanimously approved Resolution No. 2010-65, a resolution adopting the 2030 Comprehensive Plan Update; and WHEREAS, Luther Auto Group LLLP ("Luther") owns the three parcels referenced in the heading, consisting of 1.76 total acres of land, all currently zoned R3-Multiple Family Residence (Townhouse/Garden Apartments/Condos), and which the three parcels noted herein shall be known as the "Subject Site"; and WHEREAS, Luther owns the adjacent 16.5 acre Honda and Toyota dealership development located at 6700 and 6800 Brooklyn Boulevard, which is immediately adjacent to the Subject Site and was approved under separate planned unit development in 2008 by the City of Brooklyn Center and is currently zoned PUD/C2 (Planned Unit Development/Commerce) by the City Zoning Ordinance; and WHEREAS, Luther is proposing to expand this new auto dealership development on the Subject Site, which requires rezoning, site and building plan and platting to complete this expanded redevelopment of the Subject Site; and WHEREAS, the current zoning of the Subject Site of R3 (Multiple Family Residence) district and its underlying land use identified as "SF-Single Family" in the 2030 Comprehensive Plan would impede the normal, orderly redevelopment of this site as planned by Luther under such a zoning and land use category; and WHEREAS, the City of Brooldyn Center initiated this land use amendment to the 2030 Comprehensive Plan in order to change the current land use designation of SF-Single Family to RB-Retail Business; and WHEREAS, subject to a successful outcome of this land use amendment action, the City will consider the proposed expansion and consideration of this PUD/C2 District zoning on the Subject Site under separate action; and WHEREAS, the Planning Commission held a duly called public hearing on June 26, 2013, whereby a planning staff report was presented and public testimony regarding the land use change; and RESOLUTION NO. 2013-94 WHEREAS, the Planning Commission considered the land use amendment request utilizing the guidelines for evaluating and determining the land use amendment as contained in the June 26,2013 planning staff report, and the City's 2030 Comprehensive Plan; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did recommend to the City Council that the land use amendment to change the current land use designation from SF-Single Family to RB-Retail Business on the Subject Site may be approved, based upon the following initial findings: There appears to be a justifiable and reasonable case to change this land use, and there appears to be a clear and public need or benefit for this land use amendment. 2.The proposed uses in the proposed land use amendment area can easily be accommodated and contemplated for development of the subject property. 3.The proposed land use amendment will be consistent and compatible with the surrounding land use classifications. 4.There have not been any real significant or substantial physical land use changes in this area since the subject property was amended. 5.The land use amendment will result in an expansion of a zoning district warranted or supported by the City's Comprehensive Plan and can be considered to be in the best interest of the community. The Subject Site is generally unsuited for uses permitted in the present land use category with respect to size, configuration, topography or location, due in part to the size and limited access onto the adjacent roadway system. 7. The land use amendment may be supported and approved due to the evidence of a broad public purpose. WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did further recommend to the City Council that the land use amendment to change the current land use designation from SF-Single Family to RB-Retail Business designation be approved based upon the following findings: 1) The proposed land use amendment will improve the appearance of the city and enhance the quality of life, property values and civic pride in this northwest neighborhood area; RESOLUTION NO. 2013 -94 2)The proposed land use amendment will provide an opportunity to provide an ideal redevelopment of a targeted area in an established residential sector; eliminates an obsolescent or deteriorating land use; and stimulates new investment in the neighborhood and community. 3)The proposed land use amendment 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, rental occupancy and tax base; b)provides for the redevelopment of an obsolete and underutilized site into a use(s) that address needs in the marketplace; c) the new site will use shared parking as a means of potentially increasing density and diversity of uses. The proposed land use amendment will provide an opportunity to create a new zoning district, which provides for a more flexible mix of land uses and to encourage good design. 5) The proposed land use amendment meets the following Land Use, Redevelopment and Physical Image Strategies of the 2030 Comprehensive Plan: a.Protect and enhance the residential neighborhoods. b.Improve the appearance of the city to enhance quality of life, property values and civic pride. c. Improve the image of the City through branding and coordinated theme development in public areas. 6) The proposed land use amendment meets the following Land Use and Redevelopment Objectives of the 2030 Comprehensive Plan: a.Gradually reduce & eliminate incompatible relationships among land uses; b.Continue the selective redevelopment of targeted areas, commercial, industrial and residential, to eliminate obsolescent or deteriorating land uses and stimulate new investment. i. Ensure that redeveloped sites adhere to the planning and design principles contained in this comprehensive plan and special area plans. Assist with spot replacement of housing that becomes deteriorated beyond the point of economic rehabilitation. Ensure that replacement housing fits with its neighbors. c. Use the zoning ordinance to provide for a more flexible mix of land uses and to encourage good design. RESOLUTION NO. 2013-94 WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did thereby recommend to the City Council that the land use amendment to change the current land use designation from SF-Single Family to RB-Retail Business, may be approved subject to certain conditions. AND WHEREAS, by City Council directive granted under City Resolution No. 2013-74, dated July 8, 2013, city staff submitted a formal application to the Metropolitan Council to consider this land use amendment; and on July 31, 2013 the City received written acknowledgement and confirmation from the Metropolitan Council the acceptance and approval of the proposed land use amendment as indicated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center that the proposed land use amendment to change the current land use designation from SF-Single Family to RB-Retail Business is acceptable and approved, subject to the following conditions: 1.The land use shall be become valid only if the City Council accepts the planned (separate) rezoning of the overall site from R3 Multiple Family Residence to PUD/C2 Planned Unit Development/Commerce) District. 2.No part of this subject area or lands may be developed or used as part of the adjacent automobile dealership until such time as all related land use application requests have been accepted and approved by the City. August 12, 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.