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HomeMy WebLinkAbout2011-060 CCR Member Tim Roche introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 -60 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -007 SUBMITTED BY JON VAN EYLL OF WIRTH COMPANIES AND ON BEHALF OF PALMER LAKE PLAZA WHEREAS, Planning Commission Application No. 2011 -007 submitted by Jon Van Eyll with Wirth Companies proposes a Planned Unit Development (PUD) Amendment to an existing PUD /I -1 (Planned Unit Development/Industrial Park) district, along with Special Use Permit approval for Palmer Lake Plaza, located at 6850- 6860 -6870 Shingle Creek Parkway; and WHEREAS, the proposal comprehends the amendment to the original PUD /I -1 zone to allow the creation of an "master" special use permit allowing the applicant/owners to provide educational and religious uses /churches in the above - referenced property, along with a child daycare operation in conjunction with an educational use; and WHEREAS, the master special use permit provides the flexibility and opportunity to the owners of said Palmer Lake Plaza facility, by allowing certain educational and religious uses within this PUD /I -1 district without the need for separate special use permit considerations for each existing or future use, provided that certain site conditions, such as parking and building safety code conditions are all met; and WHEREAS, the Planning Commission held a duly called public hearing on March 31, 2011 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development Amendment and Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this amendment and special use permit provided the use can meet the general standards for special use permits contained in Section 35 -220 and the special criteria outlined in Section 35 -330, Subdivision 3e. of the City's Zoning Ordinance and complies with the goals and objectives of the City's 2030 Comprehensive Plan. WHEREAS, the Planning Commission recommended approval of Application No. 2011 -007 by adopting Planning Commission Resolution No. 2011 -05 on March 31, 2011; and WHEREAS, the City Council considered Application No. 2011 -007 at its April 11, 2011 meeting; and RESOLUTION NO. 2011 -60 WHEREAS, the City Council considered the Planned Unit Development Amendment and Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this amendment and special use permit provided the use can meet the general standards for special use permits contained in Section 35 -220 and the special criteria outlined in Section 35 -330, Subdivision 3e. of the City's Zoning Ordinance and complies with the goals and objectives of the City's 2030 Comprehensive Plan and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -007 submitted by Jon Van Eyll with Wirth Companies be approved based upon the following considerations: 1. The Planned Unit Development Amendment 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 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 the Planned Unit Development ble use of the property considered a reasonable Amendment is c p p Y and will conform with underlying I -1 Zone standards 4. The Planned Unit Development Amendment 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 development can be considered an asset to the community. Furthermore the City Council finds: 1. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will no t be detrimental to or endanger the public health safety, pub c y, m orals or comfort. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially Yp diminish and impair property values within the neighborhood. RESOLUTION NO. 2011 -60 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. 5. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -007 be approved subject to the following conditions and considerations: 1. The master special use permit is issued to the subject site, which acknowledges the three existing places of religious assembly and associated uses at this location. If other religious uses apply to occupy this site, the Applicant /Owners may allow by means of this master special use permit, subject to meeting parking requirements. 2. The master special use permit is issued to the subject site, which acknowledges the three educational spaces and associated uses of this location. If other educational uses apply to occupy this site, the Applicant /Owners may allow by means of this master special use permit, subject to meeting parking requirements. 3. The child care center and the 33' x 47' outdoor - enclosed play area is allowed in conjunction with an approved educational use, subject to receiving State of Minnesota licenses and inspection of said premises. No other play area or child care uses not identified by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the site to accommodate this child care use shall be subject to an amendment to this special use permit. 4. The Applicant will need to submit to city staff specifications on the outdoor child care play area, including fencing type and height, playground equipment (if any) and access points. The final location of this area may be subject to building and/or fire code regulations. 5. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 6. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. RESOLUTION NO. 2011-60 7. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. 8. The Applicants will execute a PUD Amendment development agreement with the City of Brooklyn Center, as prepared by the City Attorney, which agreement shall memorialize the conditions noted herein and other conditions as recommended by the Planning Commission and adopted by the City Council. April 11, 2011 Date Mayor ATTEST: W9 kUA City Clerk 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: Tim Willson, Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.