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HomeMy WebLinkAbout1992-234 CCR1 Member Philip Cohen resolution and moved its adoption: RESOLUTION NO. 92 -234 introduced the following RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 92013 SUBMITTED BY EVERGREEN DEVELOPMENT GROUP WHEREAS, Application No. 92013 submitted by Evergreen Development Group proposes rezoning from R7 (Multiple Family) to Planned Unit Development /MIXED the two R7 parcels totalling 7.135 acres at the intersection of Summit Drive and the east leg of Earle Brown Drive; and WHEREAS, the Planning Commission held a duly called public hearing on September 17, 1992 when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the Planning Commission adopted resolution 92 -2 recommending approval of Application No. 92013; and WHEREAS, the City Council held a public hearing regarding the matter at its September 28, 1992 regular meeting when the Planning Commission's recommendation and further testimony regarding the application were received; and WHEREAS, the Council has considered the rezoning and site and building plan request in light of all testimony received, the Planning Commission recommendation, the Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208 of the City's Zoning Ordinance and in light of the provisions of the Planned Unit Development Ordinance contained in Section 35 -355, and in light of the recommendations of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that Application No. 92013, submitted by Evergreen Development Group, is hereby approved in light of the following considerations: 1. The proposed residential care facility will meet a need in an aging community for less mobile, but ambulatory older residents to have the option of assisted living housing in the community. 2. The proposed zoning and use are compatible with surrounding land use classifications and existing development. 3. The proposed residential care facility will meet the ordinance development restrictions for the proposed zoning district. The existing Earle Brown Commons will be brought into compliance with the Building Code relative to its substandard setback from the side 1 RESOLUTION NO. 92 -234 interior property line. 4. The proposed zoning is consistent with the recommendations of the Comprehensive Plan for Mixed Use Development in this area. 5. The proposed residential care use is consistent, both functionally and visually with the adjacent elderly housing development and with the Earle Brown Heritage Center. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35 -208 of the Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED, by the Brooklyn Center City Council that approval of Application No. 92013, be subject to the following conditions: 1. 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 berming 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 by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is 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. 1 1 RESOLUTION NO. 92 -234 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 owner of the Earle Brown Commons shall enter into a restrictive covenant covering that property to stipulate that additional ramp and /or surface parking shall be provided up to two stalls per unit upon a finding by the City that all required parking is necessary for the proper functioning of the site. A separate restrictive covenant covering the Earle Brown Commons shall be executed requiring the elimination of all unprotected openings on the south and west sides of the congregate dining area in accordance with the provisions of the State Building Code. These restrictive covenants shall be executed and filed at the County prior to the issuance of permits for the residential care facility. 12. The owner of the vacant parcel shall enter into a development agreement with the City stipulating the type of facility to be constructed, aesthetics,timing, and assessments, prior to the issuance of permits. 13. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 14. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of permits. 15. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 16. The development plans shall be modified prior to the issuance of permits to indicate: a) One additional 6" diameter shade tree. b) Proper separation of the inlets and outlet of the holding pond as approved by the City Engineer. 17. Appproval of Application No. 92013 is subject to adoption of two ordinance amendments relating to general standards for planned unit developments and regarding the zoning classification of certain land. RESOLUTION NO. 92 -234 September 28, 1992 Date 1 1 ATTEST: Deputy City Clerk Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.