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HomeMy WebLinkAbout2019-108 CCRMember Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2019-108 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-010, SUBMITTED BY LORI AND JAMES DEAN OF BOULEVARD HOLDINGS LLC. FOR REZONING, SPECIAL USE PERMIT, AND SITE & BUILDING PLAN APPROVAL (LOCATED AT 5300 DUPONT AVENUE NORTH) WHEREAS, Planning Commission Application No. 2019-010, submitted by Lori and James Dean of Boulevard Holdings, LLC ("the Applicants") requests review and consideration for rezoning, Special Use Permit, and site & building plan approval for 5300 Dupont Avenue North ("the Subject Property"); and WHEREAS, the Subject Property is situated in the R2 (Two Family Residence) District and does not currently comply with the permitted or special uses outlined in City Code Section 35-311 (Tivo Family Residence District); and WHEREAS, a commercial business currently operates on the Subject Property that has been in continuous operation at that location since at least 1944; and WHEREAS, the Subject Property had previously been zoned as a commercial property (133 General Business District), as indicated by the City Zoning Map from 1961; and WHEREAS, sometime between 1961 and 1972, the Subject Property was re -zoned to R2 (Two Family Residence) District; and WHEREAS, City staff was unsuccessful in finding documentation as to the rationale for the zoning change, as the associated motor vehicle repair shop and former gas station has been in operation on the Subject Property since at least 1944, prior to the incorporation of Brooklyn Center as a City in 1966, and continues to operate in a similar fashion to this day, with'the exception of the gas station; and WHEREAS, the requests to re -zone the Subject Property, and issue a Special Use Permit are tied to requests by the Applicants to construct and approximately 975 -square foot addition on the north side of the existing building for the indoor storage of materials, expanded office space, and a new bathroom, which would not otherwise be permitted under the current zoning designation; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on July 11, 2019, whereby a planning staff report was presented and public testimony regarding the rezoning and associated Special Use Permit and Site and Building Plan requests were received; and RESOLUTION NO. 2019-108 WHEREAS, the requests comply with the general goals and objectives of the City's 2040 Comprehensive Plan, outlined in the Land Use & Redevelopment Chapter, which calls for the City to, "enhance and maintain existing neighborhoods through proper land use designations and clear supportive zoning that makes reinvestment and rehabilitation easy for residents"; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the re -zoning request in light of all testimony received, the guidelines and standards for evaluating this re -zoning request contained in Section 35-208 (Rezoning Evaluation Policy and Review Guidelines) of the City's Zoning Ordinance; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered existing stipulations, guidelines, and standards, within the City's Zoning Ordinance for issuance of a Special Use Permit for a C2 -zoned auto repair business adjacent to R2 (Two Family Residence) and R4 (Multiple Family Residence) District properties, as contained in Section 35-220 (Special Use Perinits) of the City's Zoning Ordinance, which does not currently outline a path for which one to exist; and WHEREAS, the 2040 Comprehensive Plan outlines a general desire from residents to offer locally -owned, "neighborhood -based services" within residential neighborhoods and further identified a Future Land Use Designation of "Commercial" for the Subject Property with adjacent "Low -Density Residential;" and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, the Planning Commission considers the related Site and Building plan request to construct an approximately 975 -square foot addition an appropriate and reasonable improvement to the Subject Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to recommend that Planning Commission Application No. 2019-010, submitted by Lori and James Dean of Boulevard Holdings, LLC be approved based upon the following considerations: 1. Rezoning: The Applicant's request to construct an approximately 975 -square foot addition on the north side of the property is contingent upon obtaining approval to re -zone the Subject Property from R2 (Two Family Residence) District to C2 (Commerce) District, and issuance of a Special Use Permit for the motor vehicle repair use. 2. Building and Site Plan 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. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. RESOLUTION NO. 2019-108 i. Architecturally -stamped building plans may be required as part of any building permit submittal. ii. The Applicant shall provide a parking plan as part of a building permit submittal. Upon approval of the parking plan, the Applicant shall stripe the Subject Property in accordance with the submitted plans and per City Code requirements. b. A pre -construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 3. Agreements: a. Unless otherwise determined, Property Owner/Applicant 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. b. The Applicant shall submit an as -built survey of the Subject Property, as well as any improvements and utility service lines, prior to the release of the Performance Agreement financial guarantee. 4. Engineering Review: a. The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated July 1, 2019. 5. Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Division. 6. Facilities and Equipment: a. Any outside trash disposal facilities or ground mechanical equipment shall be appropriately screened from view per City Code requirements. b. Any outdoor enclosures shall be constructed with materials that are complementary to the principal building and new addition. c. Semi -trailers, etc. shall not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. Any trailers on-site of the Subject Property shall be removed. d. Per Code, fire sprinkler systems are required for buildings 2,000 -square feet in size. e. Minnesota ADA compliance as related to parking, public access, etc. is required. RESOLUTION NO. 2019-108 July 22, 2019 Date ATTEST: City C erk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Ryan and upon vote being taken thereon, the following voted in favor thereof. Ryan, Lawrence -Anderson, Graves, Elliott, and Butler and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.