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HomeMy WebLinkAbout2001-049 CCRMember Bob Peppe introduced the following resolution and moved its adoption: RESOLUTION NO. 2001-49 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001-005 SUBMITTED BY EAGLE CREST NORTHWEST WHEREAS, Planning Commission Application No. 2001-005 submitted by Eagle Crest Northwest, proposes rezoning from C-1 (Service/Office) to PUD/R-3 of a 5.25 acre site located at the southeast quadrant T. H. 252 and 6e Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and site and building plan approval for 21 single family detached townhomes; and WHEREAS, the Planning Commission held a duly called public hearing on March 29, 2001, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission recommended approval of Application NO. 2001-005 by adopting Planning Commission Resolution No. 2001-01 on March 29, 2001; and WHEREAS, the City Council considered Application No. 2001-005 at its April 9, 2001 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, 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. 2001-005 submitted by Eagle Crest Northwest 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 compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. RESOLUTION NO. 2001-49 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 front yard building setback of 25 ft. rather than 35 ft.; a side corner setback of 20 ft. rather than 25 ft.; and a street right of way width of 50 ft. rather than 60 ft. which are justified on the basis of this development being an appropriate development and transition between adjacent properties. 4. This 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 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 Application No. 2001-005 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 subject to the issuance of permits. 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 approved site improvements. 4. B-618 curb and gutter shall be provided along streets in a manner approved by the City Engineer. 5. The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 6. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 7. The applicant shall obtain and NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. RESOLUTION NO. 2001-49 8. The applicant shall enter into a development agreement with the City of Brooklyn Center to be 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 R-3 underlying zoning district as well as all conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 9. The storm drainage plan shall be revised in accordance with the recommendations of the City Engineer prior to the issuance of building permits. 10. All driveways in the development shall be either blacktop or concrete. 11. The applicant shall be responsible for installing street lighting within the development in accordance with City standards. April 9, 2001 Date ATTEST: ~ZLAM Wmm~- City Clerk &14~ 'I 4 214." 0 Ma or 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, Kay Lasman, Ed Nelson, and Bob Peppe; and the following voted against the same: none ; whereupon said resolution was declared duly passed and adopted.