Loading...
HomeMy WebLinkAbout2012-068 CCR Member Carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-68 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-002 SUBMITTED BY PAUL HYDE OF REAL ESTATE RECYCLING, LLC, APPROVING THE DEVELOPMENT/SITE AND BUILDING PLAN IN CONJUNCTION WITH THE NEW PLANNED UNIT DEVELOPMENT LOCATED AT 4001 LAKEBREEZE AVENUE NORTH WHEREAS, Planning Commission Application No. 2012-002 submitted by Paul Hyde, on behalf of Real Estate Recycling, LLC proposes rezoning the 7.39 acre site located at 4001 Lakebreeze Avenue North, along with the 1.27 acre MnDOT excess right-of-way parcel located adjacent to and immediately east of the 7.39 acre site (herein referred to as the "Subject Site"), from C2 (Commerce) to PUD-Mixed C2/I-1 (Planned Unit Development - Mixed Commerce and Industrial Park) of; and WHEREAS, the proposal comprehends the rezoning of the above mentioned Subject Site to facilitate the planned and future redevelopment of the site with a proposed 90,000 sq. ft. office/industrial/warehouse facility on said properties; and WHEREAS, on February 13, 2012, the City Council adopted City Resolution No. 2012-031 which approved an amendment to the 2030 Comprehensive Plan by changing the land use designation on the Subject Site from OS-Office/Service Business to a new Mixed-Use OS/I - Office-Service Business/Industrial; and whereby the City subsequently received official notice from the Metropolitan Council by means of letter of approval, dated March 13, 2012 in which said land use amendment was accepted by the Met Council; and WHEREAS, on April 23, 2012, the City Council adopted City Resolution No. 2012-62, which partially approved the rezoning element of this Planned Unit Development comprehended under Planning Commission Application No. 2012-002;and WHEREAS, on April 23, 2012, the City Council considered under First Reading an Ordinance amending Chapter 35 of the City Code of Ordinances, regarding the zoning classification of certain land generally 1 ocated in the most southerly section of the City of Brooklyn Center, situated between Azelia Avenue North to the West, Lakebreeze Avenue North to the north, and Highway 100 to the East and South (addressed as 4001 Lakebreeze Avenue North), from C2 (Commerce) to PUD-Mixed C2/I-1 (Planned Unit Development- Mixed Commerce and Industrial Park), and set a public hearing and second reading of said Ordinance for May 14, 2012; and RESOLUTION NO. 2012-68 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, site lighting, landscaping and screening measures, sidewalks and trails, and other improvements; and WHEREAS, the Planning Commission determined the Development/Site and Building plans are consistent with the General Development Plans of the overall France Avenue Business Center 4 Planned Unit Development, as comprehended under Planning Application No. 2012-002, and may be approved subject to the conditions memorialized herein. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, that Planning Commission Application No. 2012-002 submitted by Paul Hyde, on behalf of Real Estate Recycling, LLC, which proposes the 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, site lighting, landscaping and screening measures, sidewalks and trails, and other improvements, is hereby approved based on the following conditions: 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 NAPA 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. RESOLUTION NO. 2012-68 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 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. RESOLUTION NO. 2012-68 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. May 14, 2012 ��� _�=1 ' �rti Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.