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HomeMy WebLinkAbout2006-025 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2006-25 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2006-001 SUBMITTED BY SP BROOKLYN CENTER, LLC. 1 WHEREAS, City Council Resolution No. 98-133 adopted on July 27, 1998 approved a rezoning from C-2 (Commerce) to PUD/C-2 of a 16.76 acre site bounded on the north by 66th Avenue and the SuperAmerica property; on the east by T. H. 252; on the south by Interstate 694; and on the west by Camden Avenue North; and WHEREAS, said Planned Unit Development (PUD) included approval for developing an 85,240 sq. ft., 4,592 seat, 20 screen theatre on a proposed 13.09 acre site and the creation of two other sites, referred to as "pad site 2" and "pad site 3" for future commercial development; and WHEREAS, Condition No. 15 of City Council Resolution No. 98-133 requires the future development of pad site 2 and pad site 3 to be subject to an amendment to the Planned Unit Development and Condition No. 16 of said resolution prohibits the development of pad site 2 and pad site 3 as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation; and WHEREAS, Planning Commission Application No. 2006-001 consisting of a PUD amendment to allow construction of a 10,000 sq. ft. multi tenant retail building at the southeast corner of 66th and Camden Avenues North (pad site 2) has been submitted by S P Brooklyn Center, LLC; and WHEREAS, the Planning Commission held a duly called public hearing on February 16, 2006, when a staff report and public testimony regarding the Planned Unit Development were received; WHEREAS, the Planning Commission recommended approval of Planning Commission Application No. 2006-001 by adopting Planning Commission Resolution No. 2006- 01 on February 16, 2006; and WHEREAS, the City Council considered Planning Commission Application No. 2006-01 at their February 27, 2006 meeting; and RESOLUTION NO. 2006-25 WHEREAS, the City Council has considered this Planned Unit Development Amendment 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 in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan, City Council Resolution No. 98-133 and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2006-001 submitted by S P Brooklyn Center, LLC be approved based upon the following considerations: 1. The Planned Unit Development Amendment 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 Amendment 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 is considered a reasonable use of the property and will conform with City Ordinance standards for the C-2 underlying zoning district. 4. The Planned Unit development proposal is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The Planned Unit Development appears to be a good long range use of the existing land and can be considered an asset to the community. 6. In light of 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 that 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. 2006-001 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. RESOLUTION NO. 2006-25 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance or 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 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 building 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. 1 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to the release of the performance guarantee. 10. The landscape plan shall be modified prior to the issuance of building permits for this project to comply with the landscape point system used for evaluating landscape plans. The landscape plan shall provide a minimum of 102 landscape points. 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 obtain an NPDES permit from the Minnesota Pollution Control Agency and provide adequate erosion control as approved by the City Engineering Department and prior to disturbing the site. RESOLUTION NO. 2006-25 13. 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 agreements shall acknowledge the Planned Unit Development Amendment and be filed with the title to the property prior to the issuance of building permits for this development. This agreement shall further assure compliance with the development plans submitted with this application. 14. 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 or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property. 15. The applicant shall provide an appropriate directional sign, or signs, to prohibit south bound traffic between the building and the easterly angled parking area. 16. The applicant shall provide a street and sidewalk easement in a form and manner approved by the City Engineer for portions of Camden and 66th Avenues that currently encroach into the proposed site. Februarv 27. 2006 Date Mayir ' ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. 1