HomeMy WebLinkAbout2001-02 PCR Member Stephen Erdmann introduced the following resolution and moved
its adoption:
PLANNING COMMISSION RESOLUTION NO. 2001 -02
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2001 -009 SUBMITTED BY
BKV GROUP ...
WHEREAS, Planning Commission Application No. 2001 -009 submitted by BKV
Group 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 h Avenue North and Brooklyn Boulevard;
and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
property and site and building plan approval for a 45,029 sq. ft., four building mixed use
commercial /retail development on the above mentioned site; and
WHEREAS, the Planning Commission held a duly called public hearing on May
17, 2001, 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 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. 2001 -009
submitted by BKV Group 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 building setback of 15 ft. rather than 35
ft. from the Brooklyn Boulevard right of way for a proposed 7,000 sq. ft. retail
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building; a 10 ft. rather than 15 ft. greenstrip along the Brooklyn Boulevard right
of way in the location of a proposed convenience store /gas station/car wash; a
slight building encroachment from the 35 ft. building setback from 70 Avenue
North for the proposed 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 are 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
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. 2001 -009 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.
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7. An underground irrigation system 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. 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 sloping roof or mansurd -type
treatment around all four sides of the McDonald's building.
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 storm water drainage plan shall be subject to review and approval by
the Shingle Creek Watershed Management Commission prior to the
issuance of building permits.
14. 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.
15. 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.
16. No building permit will be issued for construction of any of the proposed
buildings until the plat comprehended under Planning Commission
Application No. 2001 -010 has been given final approval by the City
Council and filed with Hennepin County.
17. 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.
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18. Approval of the PUD includes granting a Special use Permit for the
McDonald's restaurant and the BP gas station/convenience store /car wash.
5 -17 -01
Date Chair Pro Tem
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member Rex
Newman and upon vote being taken thereon, the following voted in favor thereof: Grady Boeck,
Stephen Erdmann, Rex Newman and John Whitehead
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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