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HomeMy WebLinkAbout2005-049 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2005-49 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005-003 SUBMITTED BY BEAR CREEK CAPITAL, LLC WHEREAS, Planning Commission Application No. 2005-003 submitted by Bear Creek Capital, LLC, proposes rezoning from R-1 (One Family Residence) and C-1 (Service Office) to PUD/C-2 (Planned Unit Development/Commerce) of five contiguous lots totaling 66,517 sq. ft. or 1.53 acres in area located at the northwest corner of County Road 10 (58t` Avenue North) and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 13,000 sq. ft. CVS Pharmacy on the proposed Lot 1, Block 1, CVS Brooklyn Boulevard Addition; and WHEREAS, the Planning Commission held a duly called public hearing on February 17, 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. 2005-003 by adopting Planning Commission Resolution No. 2005-01 on February 17, 2005; and WHEREAS, the City Council considered Application No. 2005-003 at its February 28, 2005 meeting; and WHEREAS, the City Council has 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 to recommend that Application No. 2005-003 submitted by Bear Creek Capital, LLC 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. 2005-49 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 portion of a drive lane to encroach in a 35 ft. buffer area located along the west side of the site. This modification from the C- 2 standard is justified on the basis of the development being an appropriate redevelopment of this area and that it is 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 redevelopment 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. 2005-003 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 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 building permits to assure completion of all required site improvements for both the CVS Pharmacy site and the adjacent dental center site. 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. RESOLUTION NO. 2005-49 7. Underground irrigation shall be installed in all landscaped areas on the CVS Pharmacy and dental center sites to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. An off site directional sign shall be provided at the shared access on Brooklyn Boulevard indicating that it is an entrance for the CVS Pharmacy site. 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. The owners of the CVS Pharmacy site and the dental center site 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 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. 1 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 the proposed building until the plat comprehended under Planning Commission Application No. 2005-002 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 other 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. This site, however, may not be used for any land uses not authorized in the Central Commerce Overlay District (CC) per Section 35-2240 of the City Ordinances. 16. The owners of the CVS Pharmacy site and the dental center site shall execute a deed restriction to be filed with the titles to the respective properties encumbering ten parking spaces on the dental center site for the sole use of the CVS Pharmacy. RESOLUTION NO. 2005-49 17. Cross access and parking agreements, as approved by the City Attorney, shall be executed by the owners of the two respective sites. 18. The development plan shall be modified in the following manner. a. To provide additional landscaping in the reduced buffer areas such as coniferous trees to provide additional screening from the abutting R-1. b. To add a minimum 6' high opaque screen wall along the west property line of the dental center site where it abuts with the R-1 zoning district. c. Modification to the lighting plan so that allowed foot candle levels are consistent with Section 35-712 of the City Ordinances. 19. Access to County Road 10 and Brooklyn Boulevard are subject to approval by Hennepin County through its permitting process. March 14, 2005 44-1 Date Mayor" ATTEST: yU 1~~ 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 Krapess, Kathleen Carmody, and Kay Lasman; and the following voted against the same: Diane Wiesen and Mary O'Connor; whereupon said resolution was declared duly passed and adopted.