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HomeMy WebLinkAbout2002-02 PCR Member Stephen Erdmann introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2002 -02 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -006 SUBMITTED BY WESTBROOK DEVELOPMENT INC. WHEREAS, Planning Commission Application No. 2002 -006 submitted by Westbrook Development, Inc. proposes rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located to the northeast quadrant of 69 Avenue North and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 34,228 sq. ft., four building mixed use commercial/retail development on the above mentioned site. Said development proposal includes a 3,960 sq. ft. Super America convenience store /gas station/car wash on the proposed Lot 1; a 4,230 sq. ft. restaurant, retail or office building on the proposed Lot 2; a 21,500 sq. ft. multi -tenant commercial building on the proposed Lot 3; and a 4,538 sq. ft. Culver's Restaurant on the proposed Lot 4; and WHEREAS, the Planning Commission held a duly called public hearing on May 30, 2002, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating re- zonings 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. 2002 -006 submitted by Westbrook Development Inc. 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 1 rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. greenstrip along the Brooklyn Boulevard and 70 Avenue North rights of way in the location of a proposed convenience store /gas station/car wash; and to allow parking and a portion of a drive lane to encroach in a 35 ft. buffer area located along the east side of the site. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved site 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 can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating re- zonings 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. 2002 -006 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. All buildings 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 2 facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances with the exception of freestanding signs authorized by Condition No. 18. 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 property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The plans shall be modified to provide: a. Concrete parking delineators at the end of parking rows north of the 21,500 sq. ft. multi -tenant building and south of the 4,230 sq. ft. restaurant/retail building. b. A continuation of the decorative iron fence with masonry piers in the Brooklyn Boulevard greenstrip adjacent to the Culver's Restaurant. c. A lighting plan consistent with the requirements of Section 35 -712 of the Zoning Ordinance. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center 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. Trash pick up and truck deliveries on the east side of the multi -tenant building located adjacent to the residential properties to the east shall be confined to the hours of 8:00 a.m. through 5:00 p.m. 15. No building permit will be issued for construction of any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2002 -007 has been given final approval by the City Council and filed with Hennepin County. 16. 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 building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 3 17. Approval of the PUD comprehends only conceptual approval of the Super America gas station/convenience store /car wash. Plans shall be submitted for Planning Commission and City Council review and approval. The layout shall be such that the car wash is not located adjacent to Brooklyn Boulevard. 18. PUD approval authorizes two freestanding development signs to be incorporated in the corner landscape nodes at 69th and 70th Avenues and Brooklyn Boulevard and a freestanding monument type identification sign for Culver's and SuperAmerica to be located on their respective sides of the Brooklyn Boulevard entrance. The monument signs shall not exceed 12 ft. in height and 145 sq. ft. in area. No other freestanding identification signs shall be permitted with the PUD. 19. The applicant shall provide on site traffic control signs as deemed appropriate by the City Engineer. r Date Chair ATTEST- Secretary The motion for the adoption of the foregoing resolution was duly seconded by member John Whitehead and upon vote being taken thereon, the following voted in favor thereof. Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, Dianne Reem, and John Whitehead and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 4