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HomeMy WebLinkAbout2003-171 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-171 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003-019 SUBMITTED BY DLR GROUP WHEREAS, City Council Resolution No. 94-253 adopted on November 28, 1994 and City Council Resolution No. 95-157 adopted on July 10, 1995, approved a PUD/I-1 rezoning of the general area located northwesterly of the intersections of Freeway Boulevard and Shingle Creek Parkway; and WHEREAS, the City Council of the City of Brooklyn Center approved Planning Commission Application 96020 on November 25, 1996, which was an amendment to the Planned Unit Development allowing the development of an AmericInn on Tract A, RLS 1690 and acknowledging future development of Tract B, RLS 1690 to be other than a fast food/convenience food restaurant or gasoline service station; and WHEREAS, Planning Commission Application No. 2003-019 has been submitted by DLR Group as an amendment to the Planned Unit Development for this area to allow construction of an approximate 27,000 sq. ft. office/industrial complex on Tract B, RLS 1690; and WHEREAS, the Planning Commission held a duly called public hearing on October 30, 2003 when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission recommended approval of Planning Commission Application No. 2003-019 by adopting Planning Commission Resolution No. 2003-03 on October 30, 2003; and WHEREAS, the City Council considered Planning Commission Application No. 2003-019 at their November 10, 2003 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, 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. 2003-019 submitted by DLR Group be approved in light of the following considerations: RESOLUTION NO. 2003-171 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 this Planned Unit Development Amendment is considered a reasonable use of the property and will conform with City Ordinance standards for the I-1 underlying zoning district. 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 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 interests of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 2003-019 be 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 and utility 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 permits. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. RESOLUTION NO 2003-171 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all parking and driving areas as approved by the City Engineer. 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 property owner shall enter into an easement and agreement with the City for the maintenance and inspection of utility and storm drainage systems as recommended by the City Engineer prior to the issuance of permits. 11. The plans shall be modified prior to the issuance of building permits to show: a. A masonry screen wall along the north side of the proposed loading dock area. b. Modification to the landscape plan to provide 201 landscape points c. Exterior building treatment that is in accordance with building elevations submitted and dated October 30, 2003. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standards specifications and details. 13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 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 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. November 10, 2003 ,t a~ Pate Mayor ATTEST: ,~&wm- City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Diane Niesen 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.