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HomeMy WebLinkAbout2004-097 CCRMember Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION NO 2004-97 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004-009 SUBMITTED BY FRAUENSHUH COMPANIES. WHEREAS, City Council Resolution No. 99-37 adopted on March 8, 1999, approved a rezoning from C-2 (Commerce) to PUD/C-2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and south by T. H. 100 and on the west by Xerxes Avenue North; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center including conceptual approval for additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center. Said development approval required additional plans to be submitted for Planning Commission and City Council review and approval in the form of a Planned Unit Development Amendment prior to obtaining building permits for these buildings; and WHEREAS, Planning Commission Application No. 2004-009 consisting of a PUD Amendment to allow construction of a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center has been submitted by Frauenshuh Companies: and WHEREAS, the Planning Commission held a duly called public hearing on July 15, 2004, when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2004-009 by adopting Planning Commission Resolution No. 2004-02 on July 15, 2004; and WHEREAS, the City Council considered Application No. 2004-009 at its July 26 24, 2004 meeting; and 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 contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2004-009 submitted by Frauenshuh Companies be approved in light of the following considerations: RESOLUTION NO 2004-97 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 Amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. green strip along the County Road 10 right of way. This modification from the C-2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by factors contained in the approved site plans and City Council Resolution No. 99-37. 4. The Planned Unit Development Amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development Amendment appears to be a good utilization of the property under consideration and the redevelopment and rejuvenation of the Brookdale Regional Mall are an important long range use for existing property and are considered to be an asset to the community. 6. In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings 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 to recommend that Application No. 2004-009 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 permits to assure completion of all required site improvements. RESOLUTION NO 2004-97 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 is to 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. Only wall identification signs consistent with ordinance requirements are allowed for this development. 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 applicant and 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 permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall further assure compliance with the development plans submitted with this application. 11. The landscape/screening treatment provided in the area where a 5 ft. rather than 15 ft. green strip is proposed is appropriate to offset or mitigate the effects of the reduced green strip. 12. The plan shall be modified to provide a 35 ft. building setback. TUIVY to Mar 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 Lasman, Diane Niesen, and Bob Peppe; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.