HomeMy WebLinkAbout2012-08 PCRr
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Commissioner Burfeind introduced the following resolution
and moved its adoption
PLANNING COMMISSION RESOLUTION NO. 2012-08
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2012-002 SUBMITTED BY
PAUL HYDE OF REAL ESTATE RECYCLING, LLC, FOR APPROVAL OF
THE DEVELOPMENT/SITE AND BUILDING PLAN IN RELATION TO THE
NEW PLANNED UNIT DEVELOPMENT ON THE SUBJECT SITE
IDENTIFIED AS 4001 LAKEBREEZE AVENUE NORTH
WHEREAS, Planning Commission Application No. 2012-002 submitted by Paul
Hyde, on behalf of Real Estate Recycling, LLC proposes rezoning a 7.39 acre site located at 4001
Lakebreeze Avenue North, along with the 1.27 acre MnDOT excess right-of-way parcel adjacent
to and immediately east of the subject property (collectively identified as the "Subject Site"), from
C2 (Commerce) to a new PUD-Mixed C2/I-1 (Planned Unit Development — Mixed Commerce
and Industrial Park), and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
property to facilitate the planned and future redevelopment of the Subject Site with a new 90,000
sq. ft. office/industrial/warehouse facility on said site; and
WHEREAS, the Planning Commission held a duly called public hearing on April
12, 2012, whereby a planning staff report was presented and public testimony regarding the PUD-
Mixed rezoning and a preliminary or concept development plan were received and reviewed, and
WHEREAS, the Planning Commission considered the rezoning request in light of
all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the
City's Zoning Ordinance, the provisions of the C2 (Commerce) and 1-1 (Industrial Park) Zoning
District standards contained in Sections 35-322 and 35-330 of the City's Zoning Ordinance, and
the City's Comprehensive Plan, and subsequently adopted Planning Commission Resolution No.
2012-04 which provided a favorable recommendation to this PUD rezoning only, and elected to
table consideration of the final Development/Site and Building Plan to the April 26, 2012 meeting;
and
WHEREAS, on April 26, 2012, the Planning Commission reconsidered the same
Application No. 2012-002, and reviewed and received a planning report on the proposed new
Development/Site and Building Plans, in conjunction with the proposed new Planned Unit
Development of the Subject Site, which plan provides for the construction of a new 90,000 sq. ft.
office/manufacturing/warehouse facility, parking lot and truck court loading area, along with site
lighting, landscaping and screening measures; and
WHEREAS, the Planning Commission finds that the Development/Site and
Building plans are consistent with the General Development Plans of the overall France Avenue
PC RESOLUTION NO. 2012-08
Business Center 4 Planned Unit Development.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that the Development/Site and
Building Plan element of the proposed Planned Unit Development submitted under Application
No. 2012-02 by Paul Hyde of Real Estate Recycling, LLC, be approved based upon the following
considerations:
1. The Development/Site and Building Plan is compatible with the standards,
purposes and intent of the City's Zoning Ordinance;
2. The Development/Site and Building Plan, in relation to the Planned Unit
Development proposed on the Subject Site, will facilitate the redevelopment and
improvement of this site, 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 improvements and utilization of the property as proposed under the planned
redevelopment of this site is considered a reasonable use of the property and will
conform with ordinance standards, in particular the incorporation of the 100 ft. and
50 ft. buffer requirements where commercial/industrial uses abut residential zoned
property at a property line and a street line respectively;
4. The Development/Site and Building Plan proposal is considered consistent with the
recommendations of the City's Comprehensive Plan for this area of the city;
5. The Development/Site and Building Plan proposal appears to be a good long range
use of the existing land and this proposed development can be considered an asset
to the community; and
6. Based upon the above considerations, it is believed that the guidelines for
evaluating and approving a Site and Building Plan as contained in Section 35-230
(Plan Approval) and a Development Plan as contained in Section 35-355 (Planned
Unit Development) of the City's Zoning Ordinance are met and the site 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. 2012-002 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. The buildings are to be equipped with an automatic fire extinguishing systems to meet
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PC RESOLUTION NO. 2012-08
NFPA standards and connected to a central monitoring device in accordance with
Chapter 5 of the city ordinances.
3. The location or placement of all fire hydrants and other fire related building code items
shall be reviewed and approved by the Fire Chief.
4. Final grading, drainage, utility and erosion control plans and any other site engineering
elated issues are subject to review and approval by the City Engineer prior to the
issuance of permits.
5. The Developer shall submit 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 permits to assure the completion of all site improvements.
6. Any outside trash disposal facilities and roof top or on ground mechanical equipment
shall be appropriately screened from view.
7. An underground irrigation system shall be installed in all landscaped areas to facilitate
site maintenance.
8. Plan approval is exclusive of all final signs on this site, including any new freestanding,
wall (building) signs and directional signs, which all shall remain subject to Chapter 34
of the city ordinances, and subject to separate sign permit submittals and approval.
9. B-612 curb and gutter shall be provided around all parking and driving areas.
10. The Developer shall submit an as built survey of the property, improvements and utility
service lines prior to release of the performance guarantee.
11. All work performed and materials used for construction of utilities shall conform to the
City of Brooklyn Center current Standard Specifications and Details.
12. Appropriate erosion and sediment control devices shall be provided on site during
construction as approved by the City's Engineering Department and applicant shall
obtain an NPDES construction site erosion permit from the Minnesota Pollution
Control Agency prior to disturbing the site.
13. Upon the transfer of the adjacent State of Minnesota/MnDOT parcel from the City to
the Developer, he shall at his earliest convenience apply for separate and full
subdivision applications consideration (preliminary plat and final plat approvals) to
combine the two parcels under this PUD into one single platted lot of record.
14. The Developer shall provide and dedicate all necessary easements as required by the
City Engineer, including the trail easement along the westerly boundary line, either on
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PC RESOLUTION NO. 2012-08
the new plat or by separate recordable document/agreements.
15. The Developer shall replace any existing significant trees noted to be saved on the
Landscape Plans (Sheet L1.01) that may become damaged or removed as a direct result
of construction on this site.
16. The Developer shall provide an identifiable, central walkway corridor in the east
parking lot to accommodate pedestrians to maneuver safely through the parking lot.
17. The 8-foot high screening fence along the westerly buffer strip shall be revised to a
maintenance free type material (unless recommended otherwise by the Planning
Commission), and final style and located approved by the City Business and
Development Director.
18. The owner of the property shall enter into an utilities and facilities maintenance
agreement for maintenance and inspection of utility and storm drainage systems prior to
the issuance of permits.
19. Storm water drainage systems shall be approved by the Shingle Creek Watershed
Management Commission prior to the issuance of any permits.
20. The Developer shall provide the City with assurances that a future remediation and
clean-up plan to remove hazardous substances (such as the asbestos) and semi-volatile
pollutants that present a threat to public health or the environment, is acceptable with
Minnesota Pollution Control Agency standards and all other Federal, State, and/or
County agency standards prior to the issuance of building permits.
21. Approval of this Planned Unit Development acknowledges the PUD-MIXED C2/I-1
underlying zoning district as authorizing allowable used generally within this
development site. This site, however, may not be used as an "adult establishment" as
indicated in Section 35-330, Subdivision la, 13 of the City Code. Such uses are
specifically prohibited within this Planned Unit Development.
22. The owner shall enter into a PUD Agreement and/or Declaration of Covenants and
Restrictions Agreement with the City of Brooklyn Center to be prepared and approved
by the City Attorney prior to the issuance of building permits. Said agreement shall be
filed with the title to the property and shall acknowledge the specific standards and
regulations provided by the underlying PUD-MIXED C2/I-1 zoning district, as well as
all other conditions of approval. This agreement shall further assure compliance with
the development/site plans submitted with this application.
23. Any major changes or modifications made to this PUD Development/Site and Building
Plan can only be made by an amendment to this PUD, which shall include an updated
Development/Site Plan if necessary.
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PC RESOLUTION NO. 2012-08
April 26, 2012 1
Date hair
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member
Schonning
and upon vote being taken thereon,the following voted in favor thereof:
Chair Pro Tern Kuykendall, Commissioners Burfeind, Leino and Schonning
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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