HomeMy WebLinkAbout2003-01 PCR Member Newman introduced the following resolution and moved its
adoption:
PLANNING COMMISSION RESOLUTION NO. 2003 -01
RESOLUTION REGARDING THE RECOMMENDED 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 corner 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. fl. 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 considered the 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, and the City's
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application No. 2003 -012
submitted by SPM Construction Co. and Holiday Stationstores 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.
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
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required 50 ft. buffer and setback area along 69 Avenue North 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 Planning Advisory Commission of the City
of Brooklyn Center to recommend to the City Council 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.
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.
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11. The plans shall be modified to provide:
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.
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.
S//
Date Chair
A EST•�R
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member Rahn
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and upon vote being taken thereon, the following voted in favor thereof:
Chair Willson, Commissioners Erdmann, Newman, Rahn and Reem.
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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