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HomeMy WebLinkAbout1994-253 CCR1 1 its adoption: Member Dave Rosene introduced the following resolution and moved RESOLUTION NO. 94 253 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 94014 SUBMITTED BY COUNTRY HARVEST BUFFET MANAGEMENT. INC. WHEREAS, Planning Commission Application No. 94014 submitted by Country Harvest Management, Inc. proposes rezoning from I -1 (Industrial Park) to PUD /C2 (Planned Unit Development/Commerce) of the property located at the northwest quadrant of Freeway Boulevard and Shingle Creek Parkway; and WHEREAS, this proposal comprehends the rezoning of the above mentioned parcel and site and building plan approval for a commerce planned unit development involving a 10,000 square foot, 400 seat restaurant at that location; and WHEREAS, the Planning Commission held a duly called public hearing on November 17, 1994, when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the Planning Commission recommended approval of Application No. 94014 by adopting Planning Commission Resolution No. 94 -2 on November 17, 1994: and WHEREAS, the City Council considered Application No. 94014 at its November 28, 1994 meeting; and WHEREAS, the City Council has considered this 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 Ordinance contained in Section 35 -355, and in light of the City's Comprehensive Plan; and WHEREAS, the City Council has determined that the specific development proposed for the property is appropriate, but that the most appropriate underlying zoning classification for the property is I -1 (Industrial Park). NOW THEREFORE BE IT RESOLVED BY the City Council of the City of Brooklyn Center that Application No. 94014 submitted by Country Harvest Buffet Management, Inc. be approved as a rezoning to PUD /I -1 in light of the following considerations: 1. The rezoning and site and building plans are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 1 1 Resolution No. 94 -253 2. The rezoning and site and building plans will allow for the utilization of the land in question in a manner which is considered compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those uses permitted on surrounding land. 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 site and building plans are considered compatible with recommendations in the City's Comprehensive Plan for this area of the City. 5. The rezoning and site and building plans appear to be a good long range use of the existing land and can be considered to be in the best interests of the community. BE IF FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 94014 as a rezoning to PUD /I -1 be subject to the following conditions and consideration: 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 Engineering Department prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to issuance of permits. 4. Any outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing sysiem 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 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. 1 1 Resolution No. 94 253 ATTEST: November 28, 1994 Date Deputy City Clerk 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 issuance of permits. 11. The plan shall be modified to indicate parking lot screening along the green strip areas. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's 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. The area identified on the site plan as "undeveloped" shall be seeded in a manner to allow appropriate maintenance. If, after three years from the date of the issuance of building permits for this project, this area is not developed or improved additional landscaping, underground irrigation and B612 curb and gutter shall be installed in accordance with City Ordinances. The performance guarantee for this project shall not be released in its entirety until this area is developed or said required improvements have been completed. 15. Further development of the area identified as "undeveloped" is subject to amendment to this planned unit development. The City will not allow this area to be developed as a fast food or convenience food restaurant. The development agreement mentioned above shall acknowledge this restriction or limitation. Alfit Aktv. Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Kristen Mann and upon voting being taken thereon, the following voted in favor thereof: Todd Paulson, Dave Rosene, Celia Scott, and Kristen Mann; and the following voted against the same: none, where upon said resolution was declared duly passed and adopted.