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HomeMy WebLinkAbout2017-178 CCRMember Marquita Butler introduced the following resolution and moved its adoption: RESOLUTION NO. 2017-178 RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2017-010 SUBMITTED BY THE LUTHER COMPANY, LLLP, FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE), AND SITE AND BUILDING APPROVAL FOR A NEW LUTHER MAZDA AND MITSUBISHI DEALERSHIP (LOCATED AT 4435 68TH AVENUE NORTH) WHEREAS, Planning Application No. 2017-010, submitted by the Luther Company, LLLP, requests establishment of a new Planned Unit Development with a Zoning Classification of PUD/C2 (Planned Unit Development/Commerce), and approval of a site and building plan for a new Luther Mazda and Mitsubishi dealership, located at 4435 68'1 ' North; and WHEREAS, the proposal comprehends the rezoning of the Subject Property to facilitate the planned and future redevelopment of the site with a proposed two-story, 35,424- square foot Luther Mazda and Mitsubishi dealership with an outdoor surface parking lot, trash and recycling enclosure, and underground stormwater infiltration system; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as RB ("Retail Business"), and the proposed PUD/C2 zoning designation comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on October 26, 2017, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed Planned Unit Development was received and noted for the official record, and the request was duly considered in light of all testimony received; and WHEREAS, the Planning Commission considered the rezoning comprehended under this Planned Unit Development (PUD) 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 C2 (Commerce) District, as contained in Section 35- 322, along with the provisions and standards of the Planned Unit Development District contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, on October 26, 2017, the Planning Commission reviewed and considered the proposed new PUD development plans, which included the new site and building plans for the new 35,424-square foot dealership, elevation plans, and civil plans completed by Landform Professional Services, and found the plans to be in order and approved for the Subject Property. RESOLUTION NO. 2017-178 WHEREAS, the Planning Commission of the City of Brooklyn Center recommends to the City Council that the rezoning element comprehended under the proposed Planned Unit Development submitted under Application No. 2017-010 by the Luther Company, LLLP, may be approved based upon the following findings: a.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; and provide an opportunity to build upon the presence of Luther's automobile dealerships located near the intersections of 68th Avenue North and Brooklyn Boulevard; b.The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; The rezoning will facilitate the redevelopment of this site as an automobile dealership, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan, which designates the Subject Property for use as "Retail Business"; d.The proposed zoning is consistent and compatible with the surrounding land use classifications; e.The proposed rezoning will provide an opportunity for the Subject Property to maintain its underlying C2 (Commerce) District zoning classification with the flexibility of a Planned Unit Development (PUD), allow an obsolete, former bus storage facility to be redeveloped into an auto dealership, and stimulate new investment in the neighborhood and community; f The Development/Site and Building Plan is compatible with the standards, purposes, and intent of the City's Zoning Ordinance; g.The Development/Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Property, will facilitate the redevelopment and improvement of the site, will allow for the utilization of the land in question in a manner which is compatible with, complementary to, and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; h.The improvements and utilization of the Subject Property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards, with the exception of a RESOLUTION NO. 2017-178 request for a reduced parking green strip, and additional freestanding signage; and The Development/Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city, appears to be a good long range use of the existing land, and can be considered an asset to the community. AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Commission formulated a favorable and unanimous recommendation of approval be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to recommend Planning Application No. 2017-010, submitted by the Luther Company, LLLP, which proposes a new Planned Unit Development with a new Zoning Classification of PUD/C2 (Planned Unit Development/Commerce), and site and building approval for a new Luther Mazda and Mitsubishi dealership, located at 4435 68th Avenue North, be approved based on the following conditions: Plat and PUP approval: Establishment of the new Planned Unit Development is contingent upon approval and successful recording of the final plat for Northtown Plaza 4th Addition, and an amendment to the 2008 PUD plans and documents, originally approved under Resolution No. 2008-80. No separation of these lots may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. The five (5) lots proposed for consolidation into three (3) lots are as follows: 1.Lot 1, Block 2, Northtown Plaza 2nd Addition 2.Lot 2, Block 2, Northtown Plaza 2 nd Addition 3.Lot 3, Block 2, Northtown Plaza 2nd Addition (East 83 Feet) 4.Lot 3, Block 2, Northtown Plaza 2 n Addition (That Party Lying West of East 83 Feet) 5. Lot 4, Block 2, Northtown Plaza 2td Addition 2. Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. a. Any major changes or modifications made to this Site and Building RESOLUTION NO. 2017-178 Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. 3. Agreements: a.The Applicant 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. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C2 (Commerce) underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b.Appropriate cross access and parking agreements, as approved by the City Attorney, shall be executed and filed with titles to the property allowing access between 6701 Brooklyn Boulevard (Luther Chevrolet) and 4435 68 th Avenue North (proposed Luther Mazda/Mitsubishi) prior to issuance of building permits for this project. c.The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. d.The Applicant/Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. The guarantee amount is to be determined based on cost estimates, which shall be submitted prior to the issuance of permits to assure completion of all site improvements. e.There shall be no outdoor paging, announcing, or other amplified voice or music on the site. f.The Developer shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. g.Any major changes or modifications made to the PUD Development/Site and Building Plans can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan, if necessary. 4. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 18, 2017 (Exhibit C), including a request from Hennepin County to provide a traffic study and travel demand management plan. RESOLUTION NO. 2017-178 a.Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. b.The total disturbed area exceeds five acres; therefore, the Applicant/Developer must submit plans to the Shingle Creek Watershed Management Commission for review prior to the issuance of any permits. 5. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6. Facilities and Equipment: a.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. b.The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. C. The proposed 18-foot by 50-foot trash and recycling enclosure shall be constructed with building materials that are complementary to the principal building (proposed Luther Mazda/Mitsubishi building). d. Storage of tires in the proposed trash and recycling enclosure will require installation of a roof on the enclosure. 7.Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. 8.Signage: The Applicant shall submit an Administrative Permit Application for any proposed signage (e.g., wall, freestanding) as part of the development proposal. a. The proposed three (3) freestanding signs, with allowances of up to 250-square feet in area and up to 32 feet in height, respectively, are approved, subject to the Applicant/Developer complying with all other provisions of Chapter 34 of the City Code of Ordinances (Sign Ordinance). RESOLUTION NO. 2017-178 b. All other signage not approved otherwise is subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. November 13, 2017 Date ATTEST: 14v; City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member April Graves and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Marguita Butler, April Graves, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted.