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HomeMy WebLinkAbout2019-006 PCRadoption: Commissioner MacMillan introduced the following resolution and moved its PLANNING COMMISSION RESOLUTION NO. 2019-006 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO, 2019-006 FOR A PLANNED UNIT DEVELOPMENT AND ZONING MAP AMENDMENT FOR A PROPOSED TWO BUILDING RESIDENTIAL DEVELOPMENT ON 5801 XERXES AVENUE N. WHEREAS, Planning Commission Application No. 2019-006 submitted by Real Estate Equities ("the Applicant") requests review and consideration for a planned unit development and zoning map amendment for the a proposed two building development project on 5801 Xerxes Avenue N("the Subject Property"); and WHEREAS, the Subject Property is situated in the Central Commerce Overlay District and pursuant to a determination by City staff, this district does not permit residential uses within the District; and WHEREAS, on May 16, 2019, the Planning Commission of the City of Brooklyn Center, Minnesota reviewed and received a planning report on the proposed Planned Unit Development and Zoning Map Amendment for the proposed new construction on the approximately 5 acre site. WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on May 16th, 2019, whereby a planning staff report was presented and public testimony regarding the proposal were received. Notice of such public hearing was published in the official newspaper and actual notice was mailed to the applicant and adjacent property owners as required by Section 35-210 of the City Code; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the Planned Unit Development request in light of all testimony received, the guidelines and standards for evaluating this Planned Unit Development contained in Section 35-355 (Planned Unit Development) of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Brooklyn Center, Minnesota to recommend to the City Council that Planning Commission Application No. 2019-006, submitted by Real Estate Equities be approved based upon the findings of fact in the May 16, 2019, planning staff report, and submitted plans as amended by the following conditions of approval: 1. All requested alterations will need to be approved by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief. PC RESOLUTION NO. 2019-006 a. Any significant changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development plans and documents as approved by the City Council. i. The site plan shall be revised to include a main entry, or a more prominent entry on the south side of the south building. A sidewalk connection shall be provided to the sidewalk along Bass Lake Road. b. The Applicant must revise the site and building plans to include a resident exit/entrance along the south side of the south building and a pedestrian access to the sidewalk along Bass Lake Road. c. The Applicant must submit separate applications for any sign permits to the City for review and permits. 2. Agreements; a, The Applicant must enter into a PUD agreement with the City of Brooklyn Center. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. The agreement shall further assure compliance with the development plans submitted with this application. b. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to -be submitted building permit for site improvements, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards. c. The Developer shall submit an as -built survey of the property, improvements, and utility service lines prior to release of any Performance Agreement financial guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer' s Review memorandums, dated May 10, 2019(Exhibit D). 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 for City site and building plan approval and prior to the issuance of permits. b. Provide a corner clip dedication of ROW at the intersection with Xerxes to preserve adequate sight distance for approaching vehicles at this intersection, c. Provide dedication of sidewalk easement along bass Lake Road 3' from existing sidewalk edge. d. Utility Facilities Easement Agreement is required. 4. Fire Inspector/ Building Official Review: The Applicant shall work to ensure all applicable 2015 Minnesota Fire Code requirements have been met as part of any site plan approval. 5. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 6. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 7. Landscaping: All landscaped areas shall include approved irrigation systems to facilitate PC RESOLUTION NO. 2019-006 site maintenance. a. The contractor shall submit irrigation shop drawings for review and approval prior to installation. b. The Applicant shall work with the City's public art consultant, or similar, to provide a plan for creative placemaking to enhance the pedestrian access to transit. 8. Lighting: The Applicant shall provide a lighting plan that identifies all existing and proposed lighting for the parking lots and building. The lighting plan shall include a site wide photometric plan that is in conformance with the lighting provisions as noted under the City Zoning Ordinance and in consideration of the City' s Architectural Design Guidelines. Fixture specifications shall be provided prior to issuance of any building permits. 9. Signage: The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding). a. All signage is subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 411, `" May 1611, 2019 Date Randall Christensen, Chair J,/ & I ATTEST: Joe Hartmann, Interim Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners, MacMillan, Schonning, and Sweeney and the following voted against the same: Commissioners Koenig and Tade whereupon said resolution was declared duly passed and adopted.