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HomeMy WebLinkAbout2005-097 CCRadoption: Member Diane Niesen introduced the following resolution and moved its RESOLUTION NO. 2005-97 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005-010 SUBMITTED BY LHB ARCHITECTURE WHEREAS, Planning Commission Application No. 2005-010 submitted by LHB Architecture proposes rezoning from C1A (Service-Office, no height limit) to PUD/ClA (Planned Unit Development/Service-Office, no height limit) of a 6.2 acre site located on the east side of the west leg of Earle Brown Drive (to be addressed as 6300 Earle Brown Drive); and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 250 room hotel containing a 100 seat restaurant and a 32,000 sq. ft. water park facility on the above mentioned site; and WHEREAS, the Planning Commission held a duly called public hearing on June 16, 2005 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. 2005-010 by adopting Planning Commission Resolution No. 2005-02 on June 16, 2005; and WHEREAS, the City Council considered Application No. 2005-010 at its June 27, 2005 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 Compre- hensive 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. 2005-010 submitted by LHB Architecture be approved in light of 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. RESOLUTION NO. 2005-97 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 a green strip along the Earl Brown Drive right of way that is less than 15 ft. This modification from the C1A ordinance standard is justified on the basis of the development plan being an appropriate plan for this area and that it is off set 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. 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 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. 2005-010 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. 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. A minimum 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. RESOLUTION NO. 2005-97 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. 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. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 11. 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. 12. The applicant's storm water management plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of building permits for this project. 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 agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C 1 A underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 14. The development plans shall be modified in the following manner. a. To provide a 3 'h to 4 ft. high decorative fence along the edge of the property line abutting the Earle Brown Drive right of way to off set or mitigate the negative aspects of a reduced green strip. The decorative fence shall consist of concrete piers and wrought iron similar to that provided at the 69' and Brooklyn Boulevard project. RESOLUTION NO. 2005-97 b. A modified landscape plan to be consistent with the landscape point system requiring 412 landscape points and a proper distribution of plantings on the site. c. Modification to the parking plan to provide a minimum parking space width of 8 ft. 8 in. June 27. 2005 yh4lm~ 40C-e~~ F ate Mayor ATTEST: ~City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Tasman, and Diane Niesen; and the following voted against the same: Mary O'Connor, whereupon said resolution was declared duly passed and adopted.