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HomeMy WebLinkAbout2013-135 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-135 RESOLUTION REGARDING THE 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 number of passenger vehicles only from the Subject Property, located within the Sears Auto Center at 1299 Brookdale Center (now Shingle Creek Crossing), which is now operated and locally known as the Avis Rent-a-Car facility; and WHEREAS,pursuant to City Code Section 35-322 C2 (Commerce)District, Subd. 3.0, "Automobile and truck rental and leasing"is allowed by means of a special use permit; City Code Section 35-2240 Central Commerce Overlay District, Subd. 2.gg, 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, Planning Commission Application No. 2013-022 submitted by Avis Budget Group, Inc. requested a special use permit to allow the parking and leasing of Budget rental trucks as part of the existing Avis Budget Group's Avis/Budget rental business at the Subject Property; and WHEREAS, the Planning Commission held a duly noticed public hearing on October 17, 2013, at which a planning staff report and public testimony regarding the special use permit were received; the Planning Commission considered the special use permit request in light of all testimony received,the guidelines and standards for evaluating special use permits contained in Section 35-220 of the City's Zoning Ordinance, determined the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan and recommended approval of the application with conditions;and RESOLUTION NO. 2013-135 WHEREAS the Council has considered the application, staff report,hearing record and Planning Commission recommendation and has determined that the proposed use does not meet the requirements of City Code and should be denied for the reasons stated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-022, as submitted by Avis Budget Group, Inc. requesting a special use permit to park and lease rental trucks at the Subject Property,is hereby denied based on the following findings and considerations: 1. The Subject Property is part of the original Planned Unit Development ("PUD") for the Brookdale Shopping Center. Over time that center became obsolete and deteriorated, with high vacancy rates. As such, it was a detriment to the community and an impediment to development of the City and reinvestment in that commercial area of the City. The Brookdale PUD was amended to allow demolition of most of the structures in the shopping center and development of a major new retail area. With considerable public and private investment, the property adjacent to the Subject Property, which is part of the same overall PUD as amended, is being redeveloped as Shingle Creek Crossings, a new, modern, upscale commercial area designed to provide retail,recreational and entertainment uses. It is expected that the Shingle Creek Crossings Development will increase the tax base of the City, create jobs, encourage reinvestment in the City and enhance the quality of life. 2. The PUD amendment that allowed development of Shingle Creek Crossings did not amend the original PUD for Brookdale Shopping Center as it applied to the Subject Property. Nevertheless, the Subject Property is a part of the PUD, as amended, and shares parking and access and is part of the overall plan for development of the area. Accordingly, use and development of the Subject Property should take into consideration use and development of the adjacent Shingle Creek Crossings development just as use and development of that property should take into account the use and development of the Subject Property. 3. The outdoor storage of large rental trucks and car-dollies as inventory for the proposed business is not consistent with the overall image, intent and use of the redeveloping PUD. Truck leasing is not allowed in the adjacent, integrated Shingle Creek Crossings development, nor is outdoor storage of inventory, overnight parking of trucks, or even the unloading of trucks except at enclosed or screened bays. Rental trucks have large areas used for signage and advertising, and such advertising and signage is inconsistent with the strict regulation of signs in the overall PUD. Outdoor truck and trailer storage is visually unsightly and is more consistent with industrial uses. It is not consistent or harmonious with the current and proposed upscale retail and entertainment development of the area. RESOLUTION NO. 2013-135 The applicant's proposed uses would frustrate the intent and purpose of public and private investment in the area and would impede the continuing development of the adjacent Shingle Creek Crossings development and securing desirable tenants for that development. The Subject Property is visible from Highway 100 and the area proposed for parking the trucks and car-dollies is immediately visible upon entrance into the PUD from the south entrance at 55`" Avenue North and Xerxes. - 4. Accordingly, the Council finds that the outdoor storage of truck and car d ollies as proposed does not meet the requirements for a special use permit. Specifically: a) The establishment,maintenance and operation of the proposed use will not promote and enhance the general public welfare of this area, and will be detrimental to the public health,. safety, morals or comfort of the commercial district's customers and Brooklyn Center citizenry; and b) The proposed special use will be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will substantially diminish and impair property values within the neighborhood; and C) The establishment of the special use will impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. The rental of trailers and trucks can be authorized by special use permit in this district only if the use is "in conjunction with" a gasoline service station, minor vehicle repairs or auto washes. Although the Sears Automotive Center occupies the same building in this parcel, there has been no evidence produced to suggest that the Avis Budget Group rental is operated in conjunction with the Sears Automotive Center in any meaningful sense. As a tenant and a stand-alone business, it does not qualify for a special use permit. November 12, 2013 (_/, Z��� Date Mayor ATTEST: �V ` 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.