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,
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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.