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HomeMy WebLinkAbout2008-01 PCRits adoption: Member Roche introduced the following resolution and moved PLANNING COMMISSION RESOLUTION NO. 2008-01 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008-001 SUBMITTED BY REAL ESTATE RECYCLING ACQUISITIONS, LLC WHEREAS, Planning Commission Application No. 2008-001 submitted by Real Estate Recycling Acquisitions, LLC proposes rezoning from I-2 (General Industry) to PUD/I-1 (Planned Unit Development/Industrial Park) of a 5.03 acre site located at the southwest comer of 49`' Avenue North and Brooklyn Boulevard and currently addressed as 4821 Xerxes Avenue North; and WHEREAS, the proposal comprehends the rezoning of the, above mentioned property and development plan approval for a 51,000 sq. ft. office/industrial/warehouse facility on that lot; and WHEREAS, the Planning Commission held a duly called public hearing on February 14, 2008 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development 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 ordinance contained in Section 35-355 of the City' s Zoning Ordinance and the City' s Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2008-001 submitted by Real Estate Recycling Acquisitions, LLC. be approved based upon the following considerations: The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City' s Zoning Ordinance. 2. The 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 Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing drive lane encroachments into the 100 ft. and 50 ft. buffer requirements where industrial uses abut R-1 zoned property at a property line and a street line respectively. These modifications from the I-1 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City' s Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 6. Based upon 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 the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2008-001 be approved 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, utility and erosion control 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 required site improvements. 4. B-612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The buildings shall 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. 2 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 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 owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. 11. The existing water and sanitary sewer services shall be properly disconnected from city systems in a manner approved by the City Engineer prior to the demolition of existing buildings on the site. 12. Driveway entrance construction is subject to the issuance of permits from the City Engineering Department and compliance with city standards and specifications. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 14. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 15. Storm water drainage systems and the detention pond plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 16. Approval of this Planned Unit Development acknowledges the I-1 underlying zoning district as authorizing allowable used generally within this development site. This site, however, may not be used as an " adult establishment' as indicated in Section 35-330, Subdivision la, 13. Such uses are specifically prohibited within this Planned Unit Development. 17. The owner shall enter into a PUD 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 be filed with the title to the property and shall acknowledge the specific modifications to the I-1 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 3 18. The owner of the property shall execute a deed restriction, as approved by the City Attorney, requiring a small parcel of land lying easterly of this site in the City of Minneapolis and identified as Parcel 2 on the land survey submitted with this proposal binding it to Lot 1, Block 1, Howe, Inc. 2' Addition so that it shall not be used, sold or conveyed as a separate parcel. Said deed restriction shall be filed with the titles to the properties prior to the issuance of building permits for this project. 19. The applicant shall provide the City with assurance that their plan to remediate hazardous substances and petroleum products that present a threat to public health or the environment is acceptable with Minnesota Department of Agriculture and/or Minnesota Pollution Control Agency standards prior to the issuance of building permits. 2-14-08 Date ATTEST: (it_i ' Secretary 'ezl Chair The motion for the adoption of the foregoing resolution was duly seconded by member Lund and upon vote being taken thereon, the following voted in favor thereof. Chair Rahn, Commissioners Kuykendall,leino , Lund, Roche and Young. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4