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HomeMy WebLinkAbout1968-07 02-26 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 68 - 7 AN EMERGENCY ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: PREAMBLE. WHEREAS, prior to August 16, 1965, Section 35 -707 of the City Ordinances provided for site and building plan review of apartment house developments; and WHEREAS, on August 16, 1965, Chapter 35 was amended in such a manner as to create R3, R5 and R7 Multiple Family Residential Zoning Districts with the result that said zoning districts are not covered by the provisions of Section 35 -707; and WHEREAS, the resulting absence of review provisions of site and building plans for multiple dwelling developments in said zoning districts is • deemed to endanger the public welfare, it is therefore necessary for the public welfare of the citizens of Brooklyn Center to declare this ordinance an emergency ordinance and adopt it under the procedures set forth in Section 3.06 of the City Charter. Section 2: Chapter 35 of the City Ordinances is hereby amended by the repeal of the following section: (Section 35 -707. SPECIAL REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS. Prior to any construction, the owner or developer shall submit the following to the Planning Commission:) ( 1. Survey drawing by a registered surveyor showing all existing conditions accurately dimensioned.) (2. A complete set of preliminary architectural drawings by a registered architect showing: Site plan(parking layout, landscaping, including trees and planting size, location, species, fences, walls, lighting standards, street furniture and curbs), floor plans, elevations, sections, outline specifications (including materials proposed) and any additional information that is applicable.) Ordinance No. 68 -7 (Section 35 -707. Continued) ( 3. A performance agreement by a land owner or developer that within a reasonable time to be fixed in the agreement the site improvements will be completed and providing that if such improvements are not completed within the time specified the Village may construct or complete such improvements and assess the cost thereof against the owner. Such agreement may further provide for standards of maintenance of the site improvements and authorizing the Village to provide such maintenance and assess the cost thereof against the owner if the owner fails to provide such maintenance after notice by the Village that he is in violation of such agreement. ) ( 4. A performance bond by the land owner or developer will be required to insure that the improvements set out in the site plan will be con- structed but such bond shall not be required with respect to provisions of the agreement relating only to the maintenance of such improvements. ) ( 5. The above items shall be submitted at least 10 days prior to the meeting at which the application will be considered by the Planning Commission. ) Section 3: Chapter 35 of the City Ordinances is hereby amended by the addition of the following: Section 35 -707. PLAN APPROVAL. Every person, before commencing the construction or mai or alteration of a structure. except one and two family dwellings and buildings accessory thereto, shall make application for plan approval from the City Council. Plan app_ roval may be required in conjunction with special use Permit consideration. The following rules shall govern application for plan approval: 1. Procedures (a) A "Plan Approval" application shall be initiated by the affected Property owner or his authorized aaent. The applicant shall fill out and submit to the Secretary of the Planning Com mission Cm mission a "Plan A pproval" application, copies of which are available at the municipal offices. together with a fee of $5.00. The application shall be filed with the Secretary of the Planning Commission at least fourteen (14) days prior to the next regular meeting of the Planning Commission. (b) The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission's next reaular meeting_; provided, however, that the Secretary may, with the approval of the Chairman of the Commission, place the application on the agenda for a special meeting of the Planning Commission. (c) The Planning Commission shall report its recommendations to the City Council not later than sixty (60) days following_ the date of referral to the Commission. The date of referral is defined as the date upon which the application 1s first considered by the Plannina Commission. Ordinance No. 68 -7 ( Section 35 -707. Continued) (d) The application and recommendation of the Commission shall be placed on the agenda of the City Council within eighteen (18) days following the recommendation of the planning Commission, or in the event the Commission has failed to make a recommendation. within seventy -eight (78) days of the date of referral to the Commission. (e) The City Council shall make a final determination of the application within fortv -eiaht (48) days of the recommendation by the Planning Commission, or in the event the Commission has failed to make any recommenda- tion, within one hundred and eight (_108) days of the date of referral to the Commis sion . (f) The applicant or his agent shall appear at each meeting of the Commission and the City Council to answer auestions regarding the maps, drawings, plans and to furnish such information as may be reauired. (g) The Secretary of the Planning Commission, following the Commission's action upon the application, and the City Clerk, following the City Council's action upon the application. shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application. 2. Required Documents Concurrent with filing application for plan approval. the applicant shall submit, as reauired, to the Secretary of the Planning Commission the following documents and information: (a) A survev drawing by a registered land surveyor showing pertinent existing conditions. accurately dimensioned. (b) A complete set of preliminary architectural drawings prepared by a registered architect showing: (i) A scaled and dimensioned site plan indicating parking layout including access provisions, designation of Possible locations of accessory buildings, landscaping„ including trees and shrubbery with indication of species, planting. size and location. (ii) Fences or walls or other screening including height and type of material. (iii) Lighting standards, type and location. (iv) Curbs Ordinance No. 68 -7 (Section 35 -707. Continued) (v) Buildina floor Plans. elevations, sections and outline specifications, including materials proposed. (vi) Proposed land elevations, drainage provisions, and utility provisions as may be re 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions as deemed necessary to protect the Public interest and to secure compliance with the reauirements of the ordinance. The conditions may include the execution and submission of a Performance Aaree- ihent with a supporting financial Guarantee that the subject property will be con- structed and developed in conformance with the plans, specifications and standards. Section 4: This ordinance shall become effective February 27, 1968. Adopted this 26th day of February 968. ATTEST: f > /erk:'�'Mayor Effective Date February 27, 1968 ,i