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HomeMy WebLinkAbout1998-133 CCRMember Debra Hilstrom introduced the following resolution and moved its adoption: CITY COUNCIL RESOLUTION NO. 98-133 RESOLUTION REGARDING RECOMMENDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. WHEREAS, Planning Commission Application No. 98015 submitted by Centres Group Brooklyn Center, LTD. proposes rezoning from C-2 (Commerce) to PUD/C-2 of 730,192 sq. ft. (16.76 acres) area of land that is bounded on the north by 66th Avenue and the Super America site; on the east by T-252; on the south by Interstate 694; and on the west by Camden Avenue; and WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for an 85,240 sq. ft., 4,592 seat, 20 screen theater on a proposed 13.09 acre site and the creation of two other sites, one that is 71,693 sq. ft. in area and the other 88,186 sq. ft. in area for future commercial development, most likely restaurant uses; and WHEREAS, the Planning Commission held a duly called public hearing on June 25, 1998, when a staff report and public testimony regarding the rezoning and site and building plan were received and the Planning Commission continued the public hearing and referred the application to the Northeast Neighborhood Advisory Group for review and comment; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on July 7, 1998, at the City Hall and recommended approval of this planned unit development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on July 16, 1998, received an additional staff report and took further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 98015 by adopting Planning Commission Resolution No. 98-3 on July 16, 1998; and WHEREAS, the City Council considered Application No. 98015 at its July 27, 1998 meeting; and WHEREAS, the City Council considered the rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development 1 City Council Resolution No. 98-133 ordinance contained in Section 35-355, the City's Comprehensive Plan, and the Planning Commission's recommendation contained in Planning Commission Resolution No. 98-3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 98015 submitted by Centres Group Brooklyn Center, LTD. be approved in light of the following considerations: 1. The rezoning and planned unit development proposal are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The rezoning and planned unit development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on 'surrounding land. 3. The utilization of the property as proposed under the rezoning and planned unit development proposal will conform with City ordinance standards with the exception of the parking requirement for theaters which requires one parking space for every three seats within the theater complex. Variation from the Zoning Ordinance to allow a parking formula of one parking space for every four theater seats is justified on the basis of the development plan submitted and the operational differences on parking demand that a multiplex theater of this size has which allows the ability to stagger starting times within the theater complex to lessen or spread out the demand for parking over a greater period of time. The applicants have also provided a parking analysis that indicates national norms, local norms, parking generation, and local parking studies all conclude that the standard of one parking space for every four seats is a reasonable standard to apply to this proposed theater complex. 4. The rezoning and planned unit development proposal are considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The rezoning and planned unit development appear to be a good utilization of the property under consideration and the future potential uses of two adjacent properties for commercial restaurant sites is also a good long range use of the existing land and can be considered an asset to the community. 2 City Council Resolution No. 98-133 6. In light of the above considerations, it is believed that the guidelines for Evaluating rezonings and contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 98015 subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 1 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 3 City Council Resolution No. 98-133 12. Approval of this application is subject to the applicant complying with all of the requirements and regulations of the West Mississippi Watershed Management Commission with respect to this site. The storm drainage system shall be acceptable to the Watershed Management Commission and the applicant shall comply with any conditions imposed by that body prior to the issuance of building permits for this project. 13. Ponding areas required as part of the storm drainage plan shall be protected by approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of building permits. 14. The applicant shall enter into a development 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 acknowledge a parking ratio of one parking space for every four seats in the multiplex theater and shall acknowledge all conditions of approval and assure compliance with development plans submitted by the applicant. 15. The area identified on the site plan as "pad site 2" and "pad site 3" shall be seeded in a manner to allow appropriate maintenance of this property pending future development. Future development of this area is subject to amendment to this planned unit development. 16. The applicant has agreed and the City acknowledges that it will not allow the development of "pad site 2" and "pad site 3" as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property. 17. The construction and cost of all traffic control improvements related to 66th and Camden Avenues due to the project shall be the responsibility of the applicant including, but not limited to, traffic signal, median extension, traffic control structures, and any necessary right-of-way. This shall be acknowledged in the development agreement. 18. Vehicle access between the theater parcel and the proposed Lot 3, Block 1, Regal Road Development Addition and between the theater parcel and the Super America property is prohibited. The applicant shall provide a physical barrier, acceptable to the City, to prevent such cross access. 4 City Council Resolution No. 98-133 Julv 27. 1938 Date Moor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmodynd upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1