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HomeMy WebLinkAbout2013-108 CCR Member Lin Myszkowski introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-108 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO.2013-016 SUBMITTED BY THE LUT14ER COMPANY,LLLP REQUESTING FINAL DEVELOPMENT AND SITE PLAN APPROVAL OF THE VEHICLE PARKING AND STORAGE AREA COMPREHENDED UNDER THE FIRST AMENDMENT TO THE 2008 LUTHER BROOKDALE HONDA- TOYOTA PLANNED UNIT DEVELOPMENT WHEREAS, Planning Application No. 2013-016 was submitted by The Luther Company, LLLP ("Developer"), requesting approval of a Final Development and Site Plan of a proposed vehicle parking and storage area for the Luther Brookdale Honda automobile dealership facility,located at 6800 Brooklyn Boulevard(the"Subject Property"),and which is also considered the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development; and WHEREAS, the Planning Commission held a public meeting on August 29,2013,to fully consider Planning Application No.2013-016,and reviewed and received a planning report on the proposed Final Development Plan/Site Plans for the proposed 1.78 acre addition to the existing Luther Brookdale Honda development and other related site improvements; and WHEREAS, in light of all testimony received, and utilizing the guidelines for evaluating the final development plan of a planned unit development as contained in Section 35-355 (Planned Unit Development)and the site plan as contained in Section 35-230(Plan Approval)of the City's Zoning Ordinance,along with consideration of the goals and objectives of the Comprehensive Plan,the Planning Commission considered this Final Development and Site Plan for the new Luther Brookdale Honda vehicle parking and storage area, and determined it to be an appropriate and reasonable redevelopment of the Subject Property;and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did thereby adopt Planning Commission Resolution No. 2013-17, which provides a favorable recommendation to the City Council that the proposed Final Development and Site Plan ofthe vehicle parking and storage area for the Luther Brookdale Honda automobile dealership facility,should be approved. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Final Development Plan and Site Plan comprehended under Planning Application No. 2013-016,meets or will attain the following considerations: L The Final Development/Site Plan is compatible with the standards,purposes and intent of the City's Zoning Ordinance; RESOLUTION NO. 2013-108 2. The Final Development/Site 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 Final Development/Site Plan of this site is considered a reasonable use of the property and will conform with ordinance standards; 4. The Final Development/Site Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5. The Final Development/Site 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. NOW,THEREFORE,BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center,Minnesota,that Planning Application No.2013-016 as submitted by The Luther Company, LLLP, which comprehends the Final Development Plan and Site Plan of a proposed vehicle parking and storage area for the Luther Brookdale Honda automobile'dealership facility,and which is considered the First Amendment to the 2008 Luther Brookdale Honda-Toyota Planned Unit Development, is hereby approved, subject to the following conditions: 1. The Developer shall submit for future Planning Commission review the final screening wall design. No part of this vehicle parking/storage area will be allowed to be used until such time as the screening wall is in place and accepted by the City. 2. The buffer areas located inside and outside of the screen walls shall be properly maintained by Luther Brookdale Honda,including grass trimming, weed removal, mulch bed maintenance, and tree trimming (when needed). The buffer areas shall include underground irrigation systems,both inside and outside the wall, and within the boulevard area along 69h Avenue North. RESOLUTION NO. 2013-108 3. The Developer must protect the city-owned 25-inch white oak tree and other trees and shrubs located in the city's 69h Avenue North right-of-way. The Developer will be required to protect these trees during construction and must make efforts to ensure these trees are not damaged during construction. Trimming of these trees or shrubs is permitted. If any city-owned material must be removed, the Developer must first receive city approval and the opinion from the City Forester. 4. The Developer will ensure that lighting is maintained or directed downward on their site,and immediate measures will be taken to address or respond to any complaints from neighboring property owners. 5. All conditions noted in the City Engineer's Review Memorandum (dated 08/23/2013) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled. 6. The Developer shall submit an as-built survey of the property,improvements and utility service lines prior to release of any current or updated performance guarantee. 7. 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. n September 9, 2013 �� Date Mayor ATTEST: UU City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kris Lawrence-Anderson 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.