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HomeMy WebLinkAbout2007-01 PCRMember Tim Roche introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2007-01 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2007-006 SUBMITTED BY MANLEY COMMERCIAL, INC. WHEREAS, Planning Commission Application No. 2007-006 submitted by Manley Commercial, Inc. proposes rezoning from C-2 (Commerce), R-3 (Multiple Family Residence - Townhouse) and R-1 (One Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) of three contiguous parcels of land and adjoining surplus or excess right of way located northwest of T.H. 252 and 66h Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval of a three building, 25,500 sq. ft. commercial retail/service center on the proposed 3.76 acre site; and WHEREAS, the Planning Commission held a duly called public hearing on April 12, 2007 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. 2007-006 submitted by Manley Commercial, Inc. be approved based upon the following considerations: 1. 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. 1 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. 2007-006 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 building 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. 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 the release of the performance guarantee. 2 1 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. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12. 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. 13. No building permit will be issued for construction of any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2007-005 has been given final approval by the City Council and filed with Hennepin County. 14. The applicant 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 C-2 underlying zoning district as well as all other considerations and conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Approval of this Planned Unit Development acknowledges the C-2 underlying zoning district as authorizing C-2 uses generally. No part of the property being considered for development under this proposal shall at any time be used as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop, check cashing operation or as any C-2 special use prohibited from abutting R-1, R-2 or R-3 zoned propriety including abutment. at a street line. The development agreement shall acknowledge this restriction and limitation on the future use of this property. 16. The development plan shall be modified prior to the issuance of building permits in the following manner: a. Realign the north building so that it complies with the 35 ft. building setback required from the 67' Avenue North right of way. b. To provide a 60 ft. wide drainage and utility easement adjusted for relocated utilities, as approved by the City Engineer or to realign the proposed north building so that it will not encroach into the existing drainage and utility easement. 3 c. To provide a pedestrian break in the screen fence along the north side of the site to be connected by a walkway to the proposed walkway adjacent to the north building. d. To shift the driveway entrance to the site from the south approximately 16 ft. to the west and reconfigure the site and parking plan accordingly as recommended by the City Engineer. e. To show the proper location of the driveway entrance for the property located on the south side of W Avenue North. 17. No vehicle access to this site shall be gained via 67' Avenue North. 18. Approval of this plan acknowledges the screening plan along the west side of the site to be sufficient to meet the requirements of the zoning ordinance provided the applicant supplies additional coniferous trees and retains as many existing viable trees in this area as possible. //-/7-07 Date A EST: Secretary Chair The motion for the adoption of the foregoing resolution was duly seconded by member Graydon B o e c k and upon vote being taken thereon, the following voted in favor thereof: Chair Sean Rahn, Commissioners Graydon Boeck, Gary Ford, Tim Roche and Della Youn4, and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 4