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HomeMy WebLinkAbout1996-155 CCR1 1 adoption: Member Debra Hilstrom introduced the following resolution and moved its RESOLUTION NO. 96 -155 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96012 SUBMITTED BY T.G.I. FRIDAY'S. INC. WHEREAS, Planning Commission Application No. 96012 submitted by T.G.I. Friday's, Inc. proposes rezoning from I -1 (Industrial Park) to PUD /I -1 of a 13.09 acre parcel of land legally described as Tract C, RLS 1377, located north of Freeway Boulevard between the properties addressed as 2400 and 2700 Freeway Boulevard; and WHEREAS, this proposal comprehends the Rezoning of the above mentioned parcel and Site and Building Plan approval for a hotel and two restaurants on the aforementioned site; and WHEREAS, the Planning Commission held a duly called public hearing on July 25, 1996 when a staff report and public testimony regarding the Rezoning and Site and Building Plan were received; and WHEREAS, the Planning Commission recommended approval of Application No. 96012 by adopting Planning Commission Resolution No. 96 -2; and WHEREAS, the City Council considered Application No. 96012 at its August 12, 1996 meeting; and WHEREAS, the City Council has 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 Zoning Ordinance, provisions of the Planned Unit Development ordinance contained in Section 35 -355 and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 96012 submitted by T. G. I. Friday's, Inc. 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. RESOLUTION NO.96 -155 3. The utilization of the property as proposed under this Rezoning and Site and Building Plan will conform with city ordinance standards and is considered a reasonable use of the property. 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 Site and Building Plan appear to be a good long range use of the existing land and an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 96012 be 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 permits. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 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 on 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. B -612 curb and gutter shall be provided around all parking and driving areas. 1 1 RESOLUTION NO. 96 -155 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 and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. The plans shall be modified to provide the following: 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 13. 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. 14. Stop signs shall be installed at the entrances /exits to the site as prescribed in the Uniform Manual for Traffic Control Signs. BE :IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and the City Manager to execute said development agreement on behalf of the City. August 12, 1996 Date a. The installation of ten additional Black Hills Spruce Trees on the landscape plan. b. A detailed plan indicating the screening for the trash facilities including materials to be utilized. ATTEST: Clerk Mayor o The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles Nichols; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.