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HomeMy WebLinkAbout2003-124 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-124 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2003-012 SUBMITTED BY SPM CONSTRUCTION CO. AND HOLIDAY STATIONSTORES WHEREAS, Planning Commission Application No. 2003-012 submitted by SPM Construction Co. and Holiday Stationstores proposes rezoning from I-1 (Industrial Park) to PUD/I-1 (Planned Unit Development/Industrial Park) of two proposed lots of 838,892 sq. ft. (14.67 acres) located at the southeast comer of Shingle Creek Parkway and 69' Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 43,761 sq. ft. Holiday Stationstore Commissary building on the proposed Lot 2, Block 1, of the Wirth Addition and parking lot modifications to the proposed Lot 1, Block 1, Wirth Addition at the above mentioned sites; and WHEREAS, the Planning Commission held a duly called public hearing on August 14, 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. 2003-012 by adopting Planning Commission Resolution No. 2003-01 on August 14, 2003; and WHEREAS, the City Council considered Application No. 2003-012 at its August 25, 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. 2003-012 submitted by SPM Construction Co. and Holiday Stationstores be approved in light of the following considerations: RESOLUTION NO. 2003-124 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. 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 City Ordinance standards except for allowing a 20 ft. to 30 ft. encroachment into a required 50 ft. buffer and setback area along 69' Avenue North and a 10 ft. parking and building comer encroachment into the required 50 ft. buffer and setback along Shingle Creek Parkway as depicted on the site plan submitted with this PUD application. Also comprehended is a modification to the City's access restriction policy along 69' Avenue North adjacent to the Industrial Park to allow an access to the Holiday Commissary building site as per the plans submitted with this PUD. These modifications are justified on the basis of the development plan being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved development 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/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 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. 2003-012 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 site improvements. RESOLUTION NO. 2003-124 4. B-612 curb and gutter shall be provided around all driving and parking 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. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance on the Holiday Commissary site. 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 release of the performance guarantee. 10. The applicant 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 the issuance of permits. 11. The plans shall be modified to provide: 1 a. A masonry wall of comparable material to the building fagade of sufficient height to screen the truck parking and loading area from 69' Avenue North. b. Additional coniferous trees along the east end of the loading/parking facility to further screen that area from public view. c. Additional landscape plantings on the berms along Shingle Creek Parkway to provide additional screening of the loading/parking area on the east and the parking area on the west. d. Berming or a decorative screen wall between the parking facility and 69`' Avenue North. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's Standard 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. No building permits will be issued for construction of any proposed buildings until the plat comprehended under Planning Commission Application No. 2003- 010 has been given final approval by the City Council and filed with Hennepin County. RESOLUTION NO. 2003-124 15. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the I-1 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plan submitted with this application. 16. Approval of this PUD acknowledges only one access to the Holiday Commissary site from 69' Avenue North as designated on the approved plan. This approval shall not be construed as precedent for any other access points into the Industrial Park from 69' Avenue North. 1 August 25, 2003 Date Al ATTEST: I"& City Clerk May & 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 Kragness, Kathleen Carmody, Kay Lasman, and Diane Niesen; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.