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HomeMy WebLinkAbout1991-063 CCR1 Member Jerry Pedlar resolution and moved its adoption: RESOLUTION NO. 91 -63 introduced the following RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 90028 SUBMITTED BY TWIN VIEW DEVELOPMENT, INC. WHEREAS, Application No. 90028 submitted by Twin View Development, Inc. proposes rezoning from I -2 (General Industry) to Planned Unit Development /Rl (One Family Residential) and 0 -1 (Public Open Space) of 17.5 acres of land west of France Avenue North and south of the existing 51st Avenue North right -of -way; and WHEREAS, the Planning Commission held a duly called public hearing on December 6, 1990 when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the Southwest Neighborhood Advisory Group met to consider the matter on January 9, 1991 at the City Hall and recommended approval of the PUD application with some revisions to the development plans and plat; and WHEREAS, the Planning Commission resumed consideration of the matter on January 31, 1991, received a staff report, a draft Comprehensive Plan amendment, revised development plans, and further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 90028 at its January 31, 1991 meeting by Planning Commission Resolution 91 -1; and WHEREAS, the City Council held a duly called public hearing at its February 11, 1991 and February 25, 1991 regular meetings at which testimony regarding the proposal was taken; and WHEREAS, the 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 Zoning Ordinance in light of the provisions of the City's Planned Unit Development ordinance, contained in Section 35 -355 and in light of a Comprehensive Plan amendment relating to the I -2 zoned land in the city and other comments relative to this property in the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that Application No. 90028, submitted by Twin View Development, Inc., be approved in light of the following considerations: 1 1 RESOLUTION NO. 91 -63 1. The rezoning will allow for the addition of single family homes to the Southwest Neighborhood and to the City generally. This will benefit the City by offsetting the trend of a declining population and will add stability to a neighborhood which has substantial areas devoted to less permanent uses. 2. The rezoning will provide a land use which is consistent with the adjacent single family neighborhood. The proposed open space is also consistent with the adjacent lakes and is appropriate given the land's topography. 3. The industrial uses in the area for the most part no longer meet community standards and it, therefore, seems inappropriate to add more industrial use to an area that is in need of redevelopment. 4. The development of the property will, for the most part, conform with City ordinance standards except for the following: a) Variation from the front setback requirement permitting a 25' front yard setback along the north side of the proposed 51st Avenue North is acceptable given the location of garages and available off street parking, and in light of the benefit of preserving as many existing trees as possible, and such variance is hereby approved. b) All approved platted lots shall be deemed to meet minimum lot size requirements. 5. The subject property cannot be efficiently used for industrial purposes because of its location, configuration and topography. Although usable for industrial purposes, such use carries with it the potential for negative impacts on the adjacent residential neighborhood. 6. The rezoning will result in expansion of the R1 district which presently has little vacant and developable land. 7. The rezoning of the land in question to PUD /R1 and Open Space will benefit the surrounding single family neighborhood and provide the community with land that can be put to recreational use to benefit the neighborhood and the community. 1 RESOLUTION NO. 91 -63 8. In light of the above considerations it is believed that the guidelines for evaluating rezonings contained in Section 35 -208 are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED, by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that approval of Application No. 90028 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. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission and proposed grading and filling must be approved by the U. S. Corps of Engineers prior to the issuance of permits. 4. Curb and gutter of a type approved by the Director of Public Works shall be provided along 51st Avenue North. 5. Sod shall be installed in all yards abutting a public street. Rear yards shall be seeded. 6. The landscape plan shall be revised to indicate at least three coniferous or shade trees per lot along the south sides of Lots 1 through 13 of the southerly block to provide effective screening of the Murphy Warehouse property. Coniferous trees shall be not less than 5' in height and shade trees shall be not less than 2" in diameter, at time of planting. 7. The applicant shall construct a buffer treatment in the south 40' of Lots 1 through 13 of the southerly block to consist of not less than a 2' high berm (as measured from the north edge of the Murphy Warehouse property) and not less than a 6' high wood, vertical board, opaque fence. 8. The applicant shall enter into a development agreement with the City, to be reviewed and approved by the City Attorney and executed prior to the issuance of any permits to include, but not limited to, provisions relating to the following: 1 1 1 RESOLUTION NO. 91 -63 a) Allowable setbacks within the subdivision. b) The range of building plans approved for use in the subdivision. No building plan shall provide for less than 960 sq. ft. on the main level. c) Landscape improvements within the subdivision. d) Buffer improvements adjacent to the Murphy Warehouse property. f) Financial guarantees to insure the completion of approved site improvements on each lot within the subdivision. h) Donation of the outlots to the City for public purposes. 9. Building permits for this project shall not be issued until the plat contained in Application No. 90029 has been given final approval by the City Council and filed with Hennepin County. Date Provision of paved driveways prior to final inspections. Requirement of a landscape package to be provided to each dwelling .unit within the subdivision. eP6-4.4::1 Todd Paulson, Mayor ATTEST: 0- k k ri Palf Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott 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.