Loading...
HomeMy WebLinkAbout2010-080 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2010 -80 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010-007 SUBMITTED BY VANGUARD CONSTRUCTION FOR THE DEVELOPMENT OF LOT 2, BLOCK 1, JOHNCO ADDITION. WHEREAS, City Council Resolution No. 2002 -75 adopted on June 10 2002, approved a rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located at the northeast quadrant of 69th Avenue North and Brooklyn Boulevard; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for a 34,228 sq. ft., four building mixed use commercial /retail development including conceptual approval of a Super America gas station/convenience store /car wash on the above mentioned site. Said development approval required additional plans be submitted for Planning Commission and City Council review and approval of the Super America development; and WHEREAS, City Council Resolution No. 2002 -111, adopted on August 26, 2002, accepted the Planning Commission's recommendation on a PUD amendment to allow construction of a revised layout providing for a 3,958 sq. ft. Super America convenience store /gas station/car wash on Lot 1, Block 1, Johnco Addition; and WHEREAS, Vanguard Construction has made application for site and building plan approval for the development of Lot 2, Block 1, Johnco Addition providing for a five bay multi -tenant commercial building having a floor area of 6,757; and WHEREAS, the proposed development increases the total commercial sq. ft. of this PUD by 7.4 percent which requires the processing of a major plan amendment to the approved PUD; and WHEREAS, the Planning Commission held a duly called public hearing on April 29, 2010, when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission considered the 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 of the City's Zoning Ordinance and the City's Comprehensive Plan. WHEREAS, the Planning Commission recommended approval of Application No. 2010 -007 by adopting Planning Commission Resolution No. 2010 -004 on April 29, 2010; and RESOLUTION NO. 2010 -80 WHEREAS, the City Council considered Application No. 2010 -007 at its May 10, 2010, meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 2010 -007 submitted by Vanguard Construction in light of the following: 1. The Planned Unit Development amendment, providing for the re- orientation and enlargement of the building from 4,230 sq. ft. to 6,757 sq. ft. is generally consistent with the multi -tenant commercial /retail planned use for this lot, 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 the Planned Unit Development amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 10 ft. green/parking strip from interior property lines. This modification from the C -2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is off set or mitigated by factors contained in the approved site plans and City Council Resolution No. 2002 -75. 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 amendment is complimentary to the existing commercial buildings, will cause the completion of this redevelopment project, and result in a finished project that is corner stone within the Brooklyn Boulevard Corridor and an asset to the community at large. 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. 2010 -007 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. RESOLUTION NO. 2010 -80 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 permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6. 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. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance guarantee. 10. The plans shall be modified as recommended by the City Engineer to relocate the northern driveway and include vehicular turning movements to assure the proper functioning of the drive thru lane. 11. 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 and further assure compliance with the development plans submitted with this application. 12. Approval is subject to conditions and recommendations as outlined in the City Engineering Department's memo dated 4- 29 -10. RESOLUTION NO. 2010 -80 May 10, 2010 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the � same: n one ; g g , whereupon said resolution was declared duly passed and adopted.