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HomeMy WebLinkAbout2008-078 CCRMember Kay Lasman introduced the following resolution and moves its adoption: RESOLUTION NO. 2008-78 RESOLUTION REGARDING ENVIRONMENTAL REMEDIATION AND REDEVELOPMENT OF PLANNED UNIT DEVELOPMENT/INDUSTRIAL PARK SITE AT 4821 XERXES AVENUE NORTH, CITY OF BROOKLYN CENTER, MINNESOTA WHEREAS, the City of Brooklyn Center has long desired to redevelop an abandoned and contaminated 5.3-acre parcel located at the southwest corner of 49th Avenue North and Brooklyn Boulevard (hereinafter referred to as the "Site"); and WHEREAS, the Site was originally a potato farm until approximately 1940 when the owners, the Howe family, began the manufacture and sale of fertilizers and other agricultural products on the Site; and WHEREAS, on January 6, 1979, an explosion and fire occurred in the northernmost warehouse building used for the storage of fertilizer and pesticide products on the Site; and WHEREAS, the fire water runoff mixed with stored herbicides, pesticides, and fertilizers drained to low areas on the Site and then, via gravity flow, to the east along Ryan Creek onto the property known as the Humboldt Yards with the result that both the Site and Humboldt Yards were contaminated by various identical hazardous substances; and WHEREAS, after contaminated soils, debris, and fire runoff water were properly disposed of at hazardous waste and landfill facilities, the City of Brooklyn Center entered into a settlement with the State of Minnesota in 1986 wherein the State released the City and other involved parties from any and all claims related to the environmental contamination of the Site; and WHEREAS, the Humboldt Yards, which lies within the City of Minneapolis, has already been redeveloped for use as an office/industrial warehouse facility and is now operating as such to the benefit of the City of Minneapolis; and WHEREAS, the redevelopment of the Humboldt Yards was done in conjunction with a Voluntary Response Action Plan approved exclusively by the Minnesota Pollution Control Agency (MPCA) that addressed the residual contamination on the property; and WHEREAS, the remediation plan for planned industrial use of the property, as required by clean-up of contaminated properties, thereby making economically feasible; and Humboldt Yards took into account the both federal and state law governing the the redevelopment of Humboldt Yards RESOLUTION NO. 2008-78 WHEREAS, to facilitate a similar redevelopment of the Site, the City Council of the City of Brooklyn Center unanimously adopted Resolution No. 2008-23 on February 25, 2008, rezoning the Site for a Planned Unit Development/Industrial Park; and WHEREAS, the City Council's action was preceded by a City of Brooklyn Center Planning Commission public hearing on February 14, 2008, which resulted in the Planning Commission recommending approval of the proposed rezoning to allow redevelopment of the 5.3-acre parcel with a 51,000 sq. ft. office/industrial/warehouse facility ("Redevelopment Project") identical to that recently constructed at Humboldt Yards; and WHEREAS, the City Council adopted the proposed rezoning in the 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, the City's Comprehensive Plan, and the Planning Commission's recommendations; and WHEREAS, a true and correct copy of the City of Brooklyn Center Resolution No. 2008-23 is attached as Exhibit A to this Resolution; and WHEREAS, Resolution No. 2008-23 requires the applicant for the proposed Redevelopment Project to secure State of Minnesota approval of a plan to remediate the Site as follows: 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 the Minnesota Department of Agriculture and/or Minnesota Pollution Control Agency standards prior to the issuance of building permits. ; and WHEREAS, the City of Brooklyn Center has further provided that the "planned use" of the Site is an office/industrial/warehouse use within the meaning of Minnesota Statutes § 115B.17 Subd. 2a which provides: In determining the appropriate standards to be achieved by response actions taken or requested under this section to protect public health and welfare and the environment from a release or threatened release, the commissioner shall consider the planned use of the property where the release or threatened is located. ; and WHEREAS, the applicant has obtained the verbal approval of the MPCA for the investigation and development of a clean-up plan for the petroleum and certain hazardous chemical contaminants consistent with the planned industrial use for the Site; and RESOLUTION NO. 2008-78 WHEREAS, the applicant has also obtained approval from the Minnesota Department of Agriculture ("DOA") for the investigation and development of a clean-up plan for various agricultural chemical contaminants which are identical to the contaminants for which the MPCA gave clean-up approval at the Humboldt Yards; and WHEREAS, unlike the MPCA's approval for the Humboldt Yards, the DOA's approval for the Site does not consider the planned industrial use in determining the appropriate investigation, clean-up standards, or response action, instead requiring that the remediation must meet unrestricted/residential standards even though the proposed Redevelopment Project is for an industrial use as required by the City's recent re-zoning of the Site; and WHEREAS, the DOA's refusal to consider the proposed Redevelopment Project as the planned use for the Site renders the Project economically infeasible; and WHEREAS, the City of Brooklyn Center believes that it is in the urgent interest of the City that any residual contamination at the Site be remediated and that the Site be restored as a place of employment and public revenue generation in the manner provided by the proposed Redevelopment Project; and WHEREAS, it is proposed that the Site be remediated under a Voluntary Response Action Plan approved by the Minnesota Pollution Control Agency in a manner similar to the Humboldt Yards. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brooklyn Center, in order to most efficiently carry out the objective and intent of Resolution No. 2008-23, that the City Manager is hereby directed to advance the City's interest in protecting the public health and environment and securing the public welfare by taking the appropriate actions to obtain the remediation and restoration of the Site under the direction of the Minnesota Pollution Control Agency. Julv 14, 2008 Date ATTEST: 1 `~i/1'lVuw_ City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Dan Ryan, and Mark Yelich and the following voted against the same: Mary O'Connor; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2008-7R EXHIBIT A Member Kay Tasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2008-23 RESOLUTION REGARDING THE 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 corner 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 recommended approval of Application No. 2008-001 by adopting Planning Commission Resolution No. 2008-01 on February 14, 2008; and WHEREAS, the City Council considered Application No. 2008-001 at its February 25, 2008 meeting; and WHEREAS, the City Council considered this 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, the City's Comprehensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center 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. RESOLUTION NO. 2008-78 EXHIBIT A RESOLUTION NO. 2008-23 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 City Council of the City of Brooklyn Center 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. 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. RESOLUTION NO. 2nnR-7R EXHIBIT A RESOLUTION NO. 2008-23 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. 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 thiss RESOLUTION NO. 200R_7R RESOLUTION NO. 2008-23 EXHIBIT A proposal binding it to Lot 1, Block 1, Howe, Inc. 2°d 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. Februarv 25. 2008 Date 1? ATTEST: r~~ll,~ Yl Y~~~GJ aVl City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Tasman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.