HomeMy WebLinkAbout2001-01 PCR Member Graydon Boeck introduced the following resolution and
moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 2001 -01
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2001 -005 SUBMITTED BY
EAGLE CREST NORTHWEST.
WHEREAS, Planning Commission Application No. 2001 -005 submitted by Eagle
Crest Northwest, proposes rezoning from C -1 (Service /Office) to PUD /R -3 of a 5.25 acre site
located at the southeast quadrant T. H. 252 and 66' Avenue North; and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
property and site and building plan approval for 21 single family detached townhomes; and
WHEREAS, the Planning Commission held a duly called public hearing on March
29, 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 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 -005
submitted by Eagle Crest Northwest 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 front yard building setback of 25
ft. rather than 35 ft.; a side corner setback of 20 ft. rather than 25 ft.; and a street
right of way width of 50 ft. rather than 60 ft. which are justified on the basis of
this development being an appropriate development and transition between
adjacent properties.
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4. This 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 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 interests 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 approval of Application No.
2001 -005 be approved subject to the following conditions and considerations:
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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 subject 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 approved site improvements.
4. B -618 curb and gutter shall be provided along streets in a manner approved by the
City Engineer.
5. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
6. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center's standard specifications and details.
7. The applicant shall obtain and NPDES permit from the Minnesota Pollution
Control Agency and shall also provide adequate erosion control as approved by
the City's Engineering Department.
8. The applicant shall enter into a development 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 R -3 underlying
zoning district as well as all conditions of approval. The agreement shall further
assure compliance with the development plans submitted with this application.
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9. The storm drainage plan shall be revised in accordance with the recommendations
of the City Engineer prior to the issuance of building permits.
10. All driveways in the development shall be either blacktop or concrete.
11. The applicant shall be responsible for installing street lighting within the
development in accordance with City standards.
Date Chair
ATT ST 4 o ---- -� 6-
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: Tim Willson, John Whitehead, Dianne Reem, Graydon Boeck and Stephen Erdmann
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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