HomeMy WebLinkAbout2005-015 Inf SH 4215 69th Avenue North Application Filed on 9-29-05
City Council Action Should Be
Taken By 11-28-05 (60 Days)
Planning Commission Information Sheet
Application No. 2005-015
Applicant: The Luther Company Limited Partnership
Location: 6700 & 6800 Brooklyn Boulevard and 4215 69th Avenue North
Request: Rezoning/Development Plan Approval/PUD C-2
The applicant, The Luther Company Limited Partnership, is requesting rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) of three contiguous lots located on the
easterly side of Brooklyn Boulevard between I-94 and 69th Avenue North and development plan approval for a two phased redevelopment and expansion of the Brookdale Dodge automobile dealership
and the former Ryan Olds property. Three parcels are involved in the PUD proposal and include 4215 69th Avenue North and 6700 and 6800 Brooklyn Boulevard. The properties under consideration
are all currently zoned C-2 and are bounded on the north by 69th Avenue; on the east by R-3 (Multiple Family Residence) zoned property containing non-conforming single family homes and
a townhouse complex along with R-1 zoned property containing four single family homes; on the south by I-94 right of way; and on the west by Brooklyn Boulevard with C-2 zoned property
on the opposite side of the street.
The Luther Company has acquired all the automobile dealership property in this area. Phase One of their proposal involves the expansion of the existing Brookdale Dodge operation showroom/service
building (6800 Brooklyn Boulevard) and the remodeling of the building at 4215 69th Avenue North to accommodate their proposed Dodge truck center. Also proposed under the first phase
is the demolition of all of the former Ryan Olds buildings (6700 Brooklyn Boulevard) with an interim use of a portion of this site for accessory automobile parking and display. Phase
Two, which would be considered at a later time under a Planned Unit Development Amendment, would be the redevelopment of the vacant site as a new Luther Company automobile dealership.
Planning Commission Application No. 2005-016 for preliminary plat approval proposes to shift the property line between 6700 and 6800 Brooklyn Boulevard to accommodate the proposed development.
Approval of that application is essential for this plan to go forward.
The applicant is seeking the PUD/C-2 rezoning to accomplish the above mentioned redevelopment. Under the current C-2 zoning, automotive repair is not allowed to abut R-1, R-2 or R-3
zoned property at a property line or a street line. Such abutment exists along the east property lines of the two automobile dealership properties and also along the north side of 69th
Avenue North. Expansion or redevelopment of the auto service areas, which are part of the Phase One and Phase Two plans cannot go forward, other than under the PUD process, which can
comprehend such a modification. The applicant believes this modification can be offset by the screening and buffering they provide to these residential properties. It should be noted
that the PUD process was used to allow expansion and redevelopment of the Brookdale Chrysler property at 62nd and Brooklyn Boulevard and the Brookdale Mitsubishi dealership where similar
residential abutment existed. The applicant also propose a less than 15 ft. green strip along Brooklyn Boulevard for the Dodge operation where the existing green strip is approximately
7.5 ft. due to right of way taking to accommodate the expansion of Brooklyn Boulevard. Furthermore, they seek a waiver from the requirement that the lot at 4215 69th Avenue North be
combined into a single lot with the Brookdale Dodge site because the two lots are under common ownership and proposed for common use. The applicant notes that cross access and parking
easements will accomplish the same purpose without the need to formally combine the lots, which they have been advised not to do because of potential environmental issues relative to
the migration of contaminants from the former Pilgrim Cleaner’s site.
As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning
district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district
(in this case C-2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and
redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this
case, the applicant will be seeking modifications to allow automotive repair to abut R-1, R-2 or R-3 zoned property; an encroachment into the required 15 ft. green strip adjacent to
street right of way; and to not be required to combine two parcels of land under common ownership proposed for common use.
Their plan for offsetting the abutment issue is to have an 8 ft. high fence contained within a 35 ft. buffer strip, which has been in existence for many years and has proved to be sufficient
and adequate screening and buffering from the automotive repair uses which have been conducted on these sites for over 40 years. No offsetting or mitigating factors have been provided
for the reduced green strip along the street right of way line. A cross access and parking arrangement for free flow between the two sites under common ownership are proposed to offset
concerns regarding this matter.
The Planning Commission’s attention is directed to Section 35-355 of the City’s Zoning Ordinance, which addresses Planned Unit Developments (attached).
REZONING
The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlines in Section 35-210 of the zoning ordinance as well as being consistent with
the City’s Rezoning Evaluation and Review Guidelines contained in Section 35-208. The Policy and Review Guidelines are attached for the Commission’s review. The applicant has submitted
a written narrative describing their proposal and has made some written comments relative to what they believe to be the positive impacts of their development (attached).
As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The
policy states that rezoning classifications must be consistent with the City’s Comprehensive Plan and must not constitute “spot zoning”, which is defined as a zoning decision which discriminates
in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured
against the City’s policy and against the various guidelines, which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the
zoning ordinance as we believe they relate to the applicant’s proposal. The applicant has not specifically addressed each of these guidelines in their written submittal.
Is there a clear and public need or benefit?
It is the staff’s opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by
the city and is also consistent with the City’s Comprehensive Plan. The proposal should balance the business needs of the community with that of surrounding properties. It is not anticipated
that this proposal will be a detriment, but on the other hand, should have a positive factor in providing a positive effect on the community. The City’s Comprehensive Plan acknowledges
this area to be devoted to retail business. Certainly an automobile dealership fits within that recommended land use.
The Brooklyn Boulevard Study which is cited in the Comprehensive Plan refers to the regional significance of the automobile dealerships on Brooklyn Boulevard as an important attribute
to the community. Automobile dealerships with service operations have existed in this area for many, many years and have not proven to be detrimental to surrounding property, particularly
the abutting residential property because of the significant screening and buffering that has existed in this area.
Is the proposed zoning consistent and compatible with the surrounding land use classifications?
The applicant seeks the C-2 underlying zoning district under this PUD proposal, which is the same zoning district that currently exists. No new uses would be introduced with the proposal
at hand nor would incompatible uses be considered under the Planned Unit Development. It is believed that the proposal made by The Luther Companies can be considered consistent and
compatible with surrounding land use classifications given the fact that no changes or encroachments into the buffer, setback and screening that currently exists will be done. A 35
ft. buffer will be maintained where the Dodge dealership abuts with the R-3 zoned property and the 8 ft. high screening will also continue. When the old Ryan site is developed, additional
buffer will need to be provided to meet the 35 ft. requirement and 8 ft. of screening will continue in this area as well. With respect to the across the street abutment along 69th Avenue
with R-1 zoned property, it should be noted that between 150 and 200 feet of street right of way exists between the north and south sides of 69th Avenue North. We are not aware of any
conflicts with the automobile use, particularly the automotive service and repair operation with the abutting properties on the north side of 69th Avenue. No change in use will exist
and, therefore, we would conclude that the proposed Planned Unit Development can be considered consistent and compatible with surrounding land uses.
Can all proposed uses in the proposed zoning district be contemplated for development of the subject property?
The current zoning of the property is C-2 and all general commerce permitted and most special uses can be comprehended on the property. Currently the ordinance does not allow automobile
service and repair to abut residential property, thus the applicant’s request for the Planned Unit Development proposal. At this point in the Planned Unit Development only automotive
sales, leasing, service and repair would be conducted within the Planned Unit Development. Modification or changes to these uses would require an amendment to the Planned Unit Development.
The underlying zone would allow uses that are currently allowed in the existing C-2 zone.
Have there been substantial physical or zoning classification changes in this area since the subject property was zoned?
The most significant zoning classification change in the immediate area affected the property at the northeast corner of 69th Avenue and Brooklyn Boulevard. That was a PUD/C-2 rezoning
of that property to accommodate the redevelopment, which included a Culver’s restaurant, the SuperAmerica gasoline service station and a strip center commercial development. Various
modifications to the underlying C-2 zone were authorized through that Planned Unit Development allowing some minor buffer encroachments into the 35 ft. buffer where R-1 abuts C-2 and
some reduced green strips along the public right of way where decorative fencing was utilized to offset the reduced green strip. The current PUD/C-2 proposal can certainly be considered
consistent with the rezoning at 69th and Brooklyn Boulevard.
There have not been any other significant changes in zoning since this property was originally zoned for commercial development in the late 1960’s. Physical changes in the area such
as the widening of 69th Avenue North and the upgrading of Brooklyn Boulevard have only solidified the commercial zoning in this area and the desirability of this property for automobile
sales and service.
In the case of City initiated rezoning proposals, is there a broad public purpose evident?
This evaluation criteria is not applicable in this case because it is not a City initiated rezoning proposal, but rather a developer initiated proposal.
Will the subject property bear fully the ordinance development restrictions for the proposed zoning district?
We believe that for the most part, the proposal will bear fully the development restrictions for this Planned Unit Development with some deviations from the standard ordinance requirements
requested. The property line abutment with the automotive repair use seems to be offset quite well by the existing and proposed buffer, screening, and setback requirements. The cross
access arrangements proposed and deed restrictions can offset the requirement at this time to combine 4215 69th Avenue North with 6800 Brooklyn Boulevard. At some point in the future,
however, when environmental issues are no longer a factor, these properties should be combined through a platting or Registered Land Survey. The applicant’s proposal for the reduced
green strip because of the highway taking and widening is not offset or mitigated by any plan considerations. The applicant points out that circulation on the site would be affected
negatively if the 15 ft. green strip were imposed. In cases where the city, under Planned Unit Developments, has allowed less than 15 ft. green strips, they have been offset by decorative
fencing in the area. These were the cases for the PUD’s at 69th & Brooklyn Boulevard, the SuperAmerica station at 57th and Logan and the hotel water park on Earle Brown Drive. It would
seem appropriate that a similar treatment should be implemented in this case or the 15 ft. green strip be established in its entirety.
Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location?
The underlying zone is the same as the existing zone and the C-2 uses certainly are appropriate for this area. It can’t be said that the existing uses are unsuited for the particular
area, as the same type of uses will be conducted under the Planned Unit Development. It certainly seems appropriate to continue with the automotive uses in this area of the city.
Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best
interest of the community?
It appears that the proposal has merit beyond just the particular interests of the developer and should be a redevelopment that can be considered compatible with surrounding land uses.
The proposal is also consistent with the City’s Comprehensive Plan for this area which calls for retail business. The automobile dealerships in the area north of I-94 and south of
69th Avenue North have been a stable commercial use in this part of Brooklyn Center for over 40 years and there is no direction to attempt to change these land uses only to upgrade them.
The applicant’s proposal can be considered to be in the best interest of the community. As far as developable land in Brooklyn Center, there is none to speak of. All progress and
development in the future will be basically as expansion and redevelopment.
Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel?
We believe the proposal to have merit beyond just the particular interest of the developer. It will lead to a development that, we believe, can be consistent and compatible with surrounding
land uses. The proposal, with some possible modifications, will provide a quality development that is consistent with the City’s Comprehensive Plan and be in the general best interest
of the community.
SITE AND BUILDING PLAN PROPOSAL
As mentioned previously, the applicant is proposing a two phase redevelopment and expansion of the automobile dealerships on the easterly side of Brooklyn Boulevard between I-94 and
69th Avenue North. The Luther Company owns the properties at 4215 69th Avenue North (old Taystee building); 6800 Brooklyn Boulevard (Brookdale Dodge) and 6700 Brooklyn Boulevard (former
Ryan Olds property). These properties are being replatted under Planning Commission Application No. 2005-016. Phase One of the proposal is to demolish the northerly portion of the
building at 4215 69th Avenue North that at one time served as a retail space, leaving the former distribution center, which will be converted into a showroom with a retail entrance along
the west wall. The grade in this area will be altered and paving provided to provide full access between this new truck center and the existing Dodge dealership. Phase One includes
two additions to the existing Dodge building. A 4,640 sq. ft. two story addition will be made at the southwesterly corner of the building to include administrative offices and parts
storage. A 1,920 sq. ft. addition will be made to the east end of the service garage for a four bay vehicle prep area. Also as part of Phase One, all of the buildings at the former
Ryan dealership, 6700 Brooklyn Boulevard, will be demolished. Minimum site work will be accomplished for interim vehicle storage and display in this area. They note that site fencing
and security lighting will be replaced. It should be pointed out that fencing on the former Ryan site should be a minimum 8 ft. high screen fence because of the abutment with residential
(R-3 and R-1) property to the east.
Phase Two of their proposal, which will require a PUD amendment, will be the redevelopment of the entire former Ryan property for a new, full service automobile dealership.
We have also previously mentioned the modifications to ordinance standards the applicant is proposing through the PUD process. These include allowing an expansion to the automobile
repair facility abutting R-1, R-2 or R-3 zoned property; a less than 15 ft. green strip along portions of the Brooklyn Boulevard right of way; and the requirement to combine 4215 69th
Avenue North into a single parcel with 6800 Brooklyn Boulevard because of common ownership and common use. Recommendations regarding these items will be offered as we review applicable
parts of the plan.
ACCESS/PARKING/GREEN STRIPS
The four access points to the sites remain unchanged. A right in, right out access to the former Ryan site off Brooklyn Boulevard; a shared access between the Brookdale Dodge and former
Ryan site at 68th Avenue North and Brooklyn Boulevard; an access with a median break off 69th Avenue North serving the proposed truck center; and a right in, right out access currently
serving the Brookdale Dodge service/storage area. No new access to the site is proposed nor recommended. As mentioned, internal access between the truck center and the Dodge dealership
will be provided ultimately allowing access to the former Ryan site as well. Cross access easements between the properties as approved by the City Attorney will need to be developed,
executed and filed with the titles to the properties.
Parking for the site is based on a combination of parking formulas. The retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of
the buildings; the office parking formula of one space for every 200 sq. ft. gross floor area for the office portions of the buildings; one space for every service bay and one space
for every service bay employee for the service garage area; one space for every 800 sq. ft. gross floor area for strictly storage areas; and two parking spaces for service vehicles.
Required parking is 105 spaces for the 35 service bays (3 X 35); 40 spaces for day shift service garage employees; two spaces for service vehicles; 33 spaces for 6,501 sq. ft. of office
area (6,500 sq. ft. ÷ 200); 25 spaces for the 4,422 sq. ft. of retail showroom (5.5 X 4.422); 16 spaces for 12,255 sq. ft. of warehouse storage space (12,255 sq. ft. ÷ 800); for a total
parking requirement of 221 spaces.
Two hundred ninety nine parking spaces are provided for the truck center and Dodge dealership property which exceeds the amount required. In addition, there are 270 display and storage
spaces, some on the Dodge properties and some on the former Ryan property, which will be available to the applicant. It should be noted that all parking of vehicles whether for customers,
employees or storage and display must be on a bituminous or concrete surface. No parking, whatsoever, may be done on unimproved or landscaped surfaces anywhere on the sites.
As mentioned previously, the applicant is requesting modification to the city ordinances to be allowed to have a 270 lineal foot strip in front of the Dodge building to be less than
the minimum 15 ft. green strip. They are really asking for an additional 235 lineal foot strip as the area adjacent to the truck center is also proposed to be less than 15 ft. This
area is adjacent to Brooklyn Boulevard right of way (the former Pilgrim Cleaner’s site). As the Commission is aware, the City uses building and site expansion opportunities as the time
to bring sites into conformance with minimum requirements of the zoning ordinance. When the Brookdale Dodge site was reconfigured and a new retail showroom was built in 2001, a 15 ft.
green strip along Brooklyn Boulevard was required as part of the then plan approval and was shown on the development plans. This was prior to the time of the widening of Brooklyn Boulevard.
Additional right of way apparently was taken at the time which caused the green strip to be less than the 15 ft. planned. The applicant notes this is a pre-existing condition caused
by the roadway taking and they want to continue it as is. They also want to leave the curb line on the truck center to be less than 15 ft. (an additional 235 lineal feet). The applicant
has been advised that the City has allowed less than 15 ft. green strips in other PUD developments only where the developer has provided offsetting or mitigating techniques. In these
cases, developers have provided 3 ½ ft. high decorative fences (in all cases masonry piers with wrought iron fencing) where green strips have been allowed to be less than 15 ft. Examples
are the Westbrook development (SA and Culver’s) at the northeast corner of Brooklyn Boulevard and 69th Avenue North; the SuperAmerica development at 57th and Logan Avenues North; the
hotel/waterpark on Earle Brown Drive. Brookdale was also allowed to provide a decorative wall along Xerxes where the green strip was reduced (Note: They are committed to making this
a decorative wall). It is recommended that in this case, as part of the approval process, the applicant either provide a 15 ft. green strip or a comparable decorative fence of masonry
and wrought iron in the areas where the green strip is less than 15 ft. They argue that the 15 ft. green strip will adversely affect site circulation and create significant inefficiencies
resulting in loss of customer and display parking. It appears that they have a significant surplus in parking and space that would allow the mentioned inefficiencies to be overcome.
Again, plan approval is recommended only with a 15 ft. green strip or an offsetting decorative fence.
The site plan shows what appears to be display pads in what are green strip areas adjacent to the truck center. The ordinance provides that there shall be no off street parking, storage
of vehicles nor perimeter parking lot driveways within 15 ft. of any street right of way. These proposed display areas should be removed from the plan.
GRADING/DRAINAGE/UTILITIES
The applicant has provided preliminary grading, drainage, utility and erosion control plans, which are being reviewed by the Director of Public Works/City Engineer. His comments relative
to these items are attached for the Commission’s review. Utilities for the truck center and Dodge operation already exist and no plans for alterations are proposed. Site grading will
need to be accomplished around the Dodge truck center to tie that site in with the Dodge dealership.
B612 curb and gutter is shown around the perimeter of the site and the off site storage and display lots. The plan calls for B412 curb and gutter in certain areas where automobile display
will in all likelihood take place. The City Engineer has indicated that the B412 curb and gutter (which is a 4 inch high curb and a 12 inch wide gutter) may be appropriate in these
areas where water will not have to be conveyed. Approval of the curb and gutter plan is subject to approval by the City Engineer.
Drainage from these sites will be directed to a regional storm water pond that is located in the Palmer Lake Basin. The overall drainage plan had been reviewed and approved by the Shingle
Creek Watershed Commission at the time the regional pond was developed. It is assumed that calculations will have to be submitted to the City Engineer in order to determine the adequacy
of the ponding area to handle drainage from this site.
Again, it is pointed out that all parking and storage of vehicles must be on an improved hard surface area of bituminous or concrete. No vehicle parking or storage may be in landscaped
or unimproved areas on the sites or within the green strips adjacent to street right of way.
LANDSCAPING/SCREENING
The applicant has submitted a landscape plan in response to the landscape point system utilized by the Commission to evaluate such plans. The applicant’s are providing landscaping for
the 5.74 acres of disturbed land within the site. It should be noted that landscaping exists on the properties particularly along the north and west sides and also around the existing
Brookdale Dodge buildings. Streetscaping was provided in the boulevard right of way portions of Brooklyn Boulevard during the widening of that facility a number of years ago. The proposed
landscaping is to compliment the existing streetscaping and existing landscaping on the sites. The 5.74 acres of disturbed area requires a total of 425 landscape points. The applicant
proposes to provide 428 landscape points in new landscaping including 21 deciduous trees such as Kentucky Coffee Tree, Magyar Ginko, Autumn Spirea Maple and Heritage Birch. These deciduous
trees are proposed to be located on the 69th Avenue North green strip adjacent to the Dodge truck center and on the Brooklyn Boulevard green strip adjacent to the display storage parking
on the old Ryan properties. Such trees are also proposed between the existing Dodge building and the Ryan properties and an in island areas in the display/storage lot on the Ryan property.
Nine coniferous trees (Black Hills Spruce) will be located in a landscape strip between the Dodge building and the old Ryan property. Thirty Nine decorative or ornamental trees are
proposed such as Euonymus trees and His Majesty Cork Tree. These too will be located in the landscape strip between the Dodge building and the old Ryan property, on the green strip
on the south side of the display lot and in island areas by the truck center. Two hundred forty four shrubs such as Endora Compact Juniper, Tauton Yew, Little Princess Spirea, Wintergreen
Little Leaf Boxwood, Bush Honeysuckle, and Dwarf Burning Bush are to be planted in island areas surrounding the monitoring building adjacent to the Dodge truck center and also in island
landscaped areas around the truck center. Additional landscaping will be required during Phase Two approval of a new automobile dealership on the old Ryan property and will be a subject
of that Planned Unit Development amendment.
With respect to screening, the ordinance requires a minimum 35 ft. buffer area where C-2 property abuts R-1, R-2 or R-3 zoned property at a property line. Such a buffer strip exists
between the existing Dodge property and the abutting residential properties to the east. The 35 ft. buffer area contains an 8 ft. high combination masonry and opaque wood screening.
This fence also extends along the 69th Avenue North right of way providing screening of the parking and storage lot from the residential property on the opposite side of 69th Avenue
North. It is recommended that this same style screening fence be extended to the west between the two existing driveway openings servicing the Dodge truck center and Dodge operation.
An existing screen fence which screened the parking of vehicles on the old Taystee site will be removed. The recommended fencing should provide sufficient screening for the residential
properties on the opposite side of 69th Avenue North.
The applicant has proposed that this screening be sufficient to allow the expansion of the automotive repair facility. We concur with this comment and feel that the screening is appropriate,
as it has existed for a number of years in this area without significant problems. It has also been noted that the applicant’s intend to provide screening and lighting adjacent to the
residential property where it abuts with the former Ryan properties. This screening too should be a minimum of 8 ft. high and should be comparable to the screening around the Dodge
property. The 35 ft. buffer requirement will be applied at the time the plans for the new dealership are taken under consideration.
Underground irrigation is required to be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances. Such irrigation was
provided to the Dodge operation when it was expanded and such irrigation should be extended to the Dodge truck center operation if it is not already provided.
BUILDING
The applicant has submitted building elevations for their proposed building additions. The building exterior to the addition to the Brookdale Dodge showroom and service building will
be new EIFS to match the existing and new rockface concrete masonry units to also match the existing. The service center addition is a concrete masonry unit painted to match the existing
as well. Modifications to the old Taystee building for the Dodge truck center include EIFS and rockface concrete masonry units also to match the Dodge showroom.
LIGHTING/TRASH
The applicant has submitted a lighting plan indicating proposed foot candles that are consistent with Section 35-712 of the city ordinances. They have shown new lighting standards and
relocated lighting standards on the site. City ordinances require that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the property.
Illumination is not permitted at an intensity level greater than 3 ft. candles measured at property lines abutting residentially zoned property. A review of the foot candles proposed
indicates that they are within this standard. Our main concern is that all lighting be shielded and directed on the site to avoid glare to abutting properties and abutting street right
of way and that it be consistent with the standards noted above.
A 16 ft. x 44 ft. trash enclosure is provided to the east of the Brookdale Dodge showroom. It will be a rockfaced concrete masonry unit of about 7 ½ ft. in height. Two by six inch
vertical cedar panels will be attached to a steel frame gate to provide total screening of the trash enclosure area.
PLATTING
A preliminary plat has been submitted under application 2005-016, which will replat the two lots at 6700 and 6800 Brooklyn Boulevard to accommodate the proposed expansion to the Dodge
showroom/service center. As indicated previously, the applicant is requesting that it not be required to combine the Dodge truck center building with the Dodge dealership building due
to environmental concerns related to the clean up of the former Pilgrim site lying to the west. Given the requirement for cross access and parking agreements, we do not feel that it
is necessary to require that the Dodge truck center site be combined even though the sites are under common ownership and have a common use. At some point in the future, when there
are not environmental concerns related to this property, the applicant should combine these two sites into a single lot consistent with the requirements of the zoning ordinance. However,
the appropriate easement agreements should suffice to meet the spirit of the zoning ordinance and such a modification is recommended.
PROCEDURE
Rezoning applications in the past that have been considered by the Planning Commission were typically referred to the respective Neighborhood Advisory Group for review and comment.
In this case, that would be the Northwest Neighborhood Advisory Group. However, State Statutes require the City to respond to zoning applications within a 60 day time limit from the
day a properly submitted application has been filed with the City. This application was filed on September 29, 2005. Due to zoning requirements for notice and publication, the application
needs to be submitted approximately four weeks prior to the Planning Commission’s public hearing. The clock, however, begins on the date the application is accepted. Therefore, the
zoning decision must be made by the City Council no later than November 28, 2005. Almost 30 days of the required 60 day time frame will have expired before the Planning Commission can
hold its public hearing. This requirement makes it difficult for the City to hold the Neighborhood Advisory Group meetings we normally have. The Planning Commission instituted a new
procedure some time ago because it still wishes to receive Neighborhood Advisory Group input with respect to these rezoning applications. We have invited the Northwest Neighborhood
Advisory Group members to the meeting and are encouraging their comments and participation at this evening’s meeting. A staff report will be delivered to the Neighborhood Advisory Group
members at the same time that it is delivered to the Planning Commission members. Hopefully, they will have time to review the matter and make comment to the Commission.
A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post and notices have been sent to neighboring property owners. The Planning Commission, following
the public hearing, may wish to consider a draft resolution which has been prepared for consideration. The draft resolution outlines various possible findings with respect to the Planned
Unit Development and minimum conditions related to the development plan approval.
10-27-05
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