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HomeMy WebLinkAbout2003-146 CCRMember Bob Peppe introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-146 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003-017 SUBMITTED BY 1501 FREEWAY, LLC WHEREAS, Planning Commission Application No. 2003-017 submitted by 1501 Freeway, LLC proposes rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) of the Best Western Hotel site at 1501 Freeway Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for the conversion of the existing 227 unit Best Western Hotel into an 80 to 110 unit upscale, revitalized senior market rate multi-residential housing condominium; and WHEREAS, the Planning Commission held a duly called public hearing on September 11, 2003, 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. 2003-017 by adopting Planning Commission Resolution No. 2003-02 on September 11, 2003; and WHEREAS, the City Council considered Application No. 2003-017 at its September 22, 2003 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 recommendation. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center that Application No. 2003-017 submitted by 1501 Freeway, 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 considered to be compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. RESOLUTION NO. 2003-146 3. The utilization of the property as proposed under this Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for: a. Allowing a multiple residential senior condominium development in the C-2 underlying zoning district. This modification is justified on the basis of this proposal being considered an appropriate redevelopment of this area and is offset or mitigated by the fact that this is the only non-commercial use that will be allowed on the site. Any changes or modifications to this proposed use must be consistent with the C-2 underlying zone. b. Allowing a less than 15 ft. green strip along the James Circle right of way where a decorative fence containing masonry piers and wrought iron will be provided, which is consistent with other PUD approvals. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City given the limitation on uses acknowledged in No. 3 above. 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 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. 2003-017 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. Any modified 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 site improvements. RESOLUTION NO. 2003-146 4. B-612 curb and gutter shall be provided in the area where the current easterly access is modified and other areas where blacktop is to be removed. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6. The plans shall be modified to provide: a. A proper 25 ft. side corner building setback for the bank of garages located adjacent to James Circle. b. A 25 ft. side corner building setback for the garages located adjacent to Humboldt Avenue North. c. The elimination of up to 80 parking spaces to provide additional landscaped areas on the site. d. The submission of building elevations to show the proposed exterior design and materials for the building. e. Additional landscaping on the site to provide 150 more landscape points consistent with the landscape point system utilized for evaluating landscape plans. f. A decorative fence along the James Circle right of way containing a combination of masonry piers and wrought iron. 7. Approval of the development plans acknowledges a density requirement of 2,700 sq. ft. of land per dwelling unit. This density may not be exceeded. 8. 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 for the conversion of the hotel into the senior condominium. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district authorizing the multi-residential senior condominium use of the property. This agreement shall further assure compliance with the development plan submitted with this application. 9. Signs identifying this senior condominium shall be consistent with the provisions of Chapter 34 of the City Ordinances regarding multi-residential developments. All signs and sign structures associated with the hotel shall be removed from the property prior to the release of the performance guarantee. 10. The applicant shall file a Condominium Declaration consistent with the Minnesota Common Interest Ownership Act (M.S. 515B). Said declaration shall be filed prior to the issuance of building permits for this project. 1 RESOLUTION NO. 2003-146 11. The dwelling units shall not be leased/rented by the owner/developer or any subsequent dwelling unit owner. 12. There shall not be a continuation of the existing restaurant as a commercial or retail operation open to the general public. September 22, 2003 Date ~2 ATTEST: City Clerk (-Mayor e 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, Diane Niesen, and Bob Peppe; and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.