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HomeMy WebLinkAbout2013-22 PCR Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-22 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-022 SUBMITTED BY AVIS BUDGET GROUP, INC. FOR A SPECIAL USE PERMIT TO PARK AND LEASE BUDGET RENTAL TRUCKS AT THE AVIS RENT-A CAR/SEARS AUTOMOTIVE CENTER, LOCATED AT 1299 SHINGLE CREEK CROSSING (FORMERLY 1299 BROOKDALE CENTER) WHEREAS, Sears Holding Corporation is the owner of the Sears department store and Sears Automotive Center located at 1297 and 1299 Shingle Creek Crossing, respectively (the "Subject Property"), with the subject property legally described as Registered Land Survey No. 0936 of Hennepin County, MN; the subject property consists of 15.3 acres in total land area; the subject property is zoned PUD/C-2 (Planned Unit Development/Commerce); and the subject property is situated inside the Central Commerce Overlay District; and WHEREAS, on March 27, 1986, the City Council of the City of Brooklyn Center approved Planning Commission Application 86014, a special use permit to The Sears Center Companies and Budget Rent-a-Car of Minnesota to park and rent a certain amount of passenger vehicles only from the subject property, located within the Sears Auto Center at 1299 Brookdale Center (now Shingle Creek Crossing), and which is now operated and locally known as the Avis Rent-a-Car facility; and WHEREAS, Planning Commission Application No. 2013-022 submitted by Jeff Wagner, acting on behalf of Avis Budget Group, Inc. requested an Amendment to this special use permit in order to allow the parking and leasing of Budget rental trucks as part of the existing Avis Budget Group's Avis/Budget rental business in the Sears Automotive Center, located at 1299 Shingle Creek Crossing; and WHEREAS, pursuant to City Code Section 35-322 C2 (Commerce) District, Subd. 3.0, "Automobile and truck rental and leasing" is allowed only by means of a special use permit; while under City Code Section 35-2240 Central Commerce Overlay District, Subd. 2.gg, this section/subdivision provides for the following allowable uses: "Gasoline service stations, minor vehicle repairs and auto washes, trailer and truck rentals in conjunction with these uses,provided that there is adequate parking space available."; and WHEREAS, it was determined that because automobile rentals are not listed as an allowable use under City Code Section 35-2240 - Central Commerce Overlay District, the previously approved activity allowed by the special use permit approved in 1986 under Planning Application No. 86014, is hereby deemed a legal non-conforming activity and may not be expanded or amended under this specific application and approvals; and WHEREAS, it was further determined that because Sears Holding Corporation currently operates a"minor vehicle repair"use on the Subject Property, truck rental activities may be allowed in conjunction with this use,provided this separate special use permit is approved; and WHEREAS, the Planning Commission held a duly called public hearing on October 17, 2013, whereby a planning staff report and public testimony regarding the special use permit were received; and WHEREAS,the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan; and WHEREAS, upon full consideration by the Planning Commission, it determined the special use permit may be approved based upon the following findings used to evaluate special use permits: a) The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d) Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that Planning Application No. 2013-022, submitted by Avis Budget Group, Inc., requesting a special use permit to park and lease rental trucks in conjunction with the Sears Automotive Center, located at 1299 Shingle Creek Crossing, and operated under the Avis Budget Group, Inc.'s "Avis Rent-a-Car" rental business at this same location, may be approved subject to the following conditions and considerations: 1) The special use permit shall only allow the addition of no more than seven (7) new rental trucks and up to three (3) car towing dollies. No expansion or allowance for additional trucks shall be authorized unless the Owner/Applicants apply for an additional amendment to this special use. 2) Parking of the rental trucks shall be limited to the area illustrated on the aerial map noted in this report. 3) This special use permit to allow truck rentals a the subject site is only valid as long as the Sears Auto Center or any other minor vehicle repair use approved and allowed by City Code Section 35-2240 (Central Commerce Overlay ), Subd. 2.gg is operational or open for regular business. If for any reason the allowed auto repair business ceases operation or closes,the truck rental activity must also cease and all trucks must be removed from the site. 4) This special use permit approval acknowledges rental and leasing only. No sales of automobile , trucks or rental dollies or other vehicles are allowed. 5) The special use permit is subject to all applicable codes, ordnances and regulations and the conditions as noted herein and by the adopted City Council Resolution of approval. Violations thereof shall be grounds for revocation. 6) Applicant shall provide up to eight numbered and striped parking stalls to accommodate the trucks and towing trailers only. October 17, 2013 Date Chair c ATTEST:, Secretary The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Freedman and upon vote being taken thereon,the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Freedman, Morgan and Schonning. and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.