HomeMy WebLinkAbout2012-10 PCR Commissioner Kuykenbdall introduced the following resolution and moved its
adoption
PLANNING COMMISSION RESOLUTION NO. 2012-10
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2012-003 SUBMITTED BY
MARANATHA CONSERVATIVE BAPTIST HOME, INC., FOR APPROVAL
OF THE DEVELOPMENT/SITE AND BUILDING PLAN IN RELATION TO
THE NEW PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATED AT
5401-5415—69TH AVENUE NORTH
WHEREAS, Planning Commission Application No. 2012-003 submitted by
Maranatha Conservative Baptist Home, Inc. (Maranatha) proposes a rezoning from R1 (One
Family Residence) and R6 (Multiple Family Residence) to a new PUD-MIXED R5/R6 (Planned
Unit Development-Mixed Multiple Family Residence) district, for properties generally located in
the northwest quadrant of the City and addressed as 5401 and 5415 - 69th Avenue North (Subject
Site); and
WHEREAS, the proposal comprehends the rezoning of the Subject Site to facilitate
the planned and future redevelopment of the site with a proposed three-story, 97 bed skilled
nursing care facility and a future 38-unit senior independent living apartment facility on said
properties; and
WHEREAS, the Planning Commission held a duly called public hearing on April
12, 2012, whereby a planning report was presented and public testimony regarding the PUD
rezoning and development plan were received, and the action item was tabled; and
WHEREAS, on May 17, 2012,the Planning Commission reconsidered the rezoning
request, whereby an updated planning staff report was presented; the guidelines for evaluating
rezoning contained in Section 35-208 of the City's Zoning Ordinance were presented, along with
the provisions and standards of the R5 (Multiple Family Residence) district contained in Section
35-314, along with the provisions and standards of the R6 (Multiple Family Residence) district
contained in Section 35-314, and the provisions and standards of the Planned Unit Development
district contained in Section 35-355 of the City's Zoning Ordinance; a public hearing was re-
opened, public testimony was received, and the request was duly considered in light of all
testimony received; and
WHEREAS, on May 17, 2012, the Planning Commission adopted PC Resolution
No. 2012-08 which provided a unanimous recommendation to approve this PUD rezoning only,
and elected to table consideration of the final Development/Site and Building Plan to the May 31,
2012 meeting; and
WHEREAS, on May 31, 2012, the Planning Commission reconsidered Application
No. 2012-003, and reviewed and received an updated planning report on the proposed new
PC RESOLUTION NO. 2012-10
Development/Site and Building Plans, which included the new site and building plans, elevation
plans, civil plans, and a traffic and parking study performed by Westwood Engineering, all in
conjunction with a new Planned Unit Development of the Subject Site, which plan comprehends
the construction of a new three-story, 97-bed skilled nursing care facility and a future 2.5 story, 38-
unit senior independent living facility, along with surface parking lots, fire lane/ring road, site
lighting, landscaping and screening measures.
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 component of the proposed Planned Unit Development submitted under Application
No. Application No. 2012-003, as submitted by Maranatha Conservative Baptist Home, Inc. be
approved based upon the following findings:
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 enhanced
setbacks provided under the proposed land use amendment and approved
Development/Site Plan;
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. 2012-003 be approved
PC RESOLUTION NO. 2012-10
subject to the following conditions and considerations:
1. The Developer/Applicant agrees to comply with all conditions or
provisions noted in the City Engineer's Review memos, dated April 9,
2012 and May 25, 2012.
2. The building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of permits.
3. The buildings are to be equipped with an automatic fire extinguishing
systems to meet NFPA standards and connected to a central monitoring
device in accordance with Chapter 5 of the city ordinances.
4. The location or placement of all fire hydrants and other fire related
building code items shall be reviewed and approved by the Fire Chief.
5. 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.
6. 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.
7. Any outside trash disposal facilities and roof top or on ground mechanical
equipment shall be appropriately screened from view.
8. An underground irrigation system shall be installed in all landscaped areas
to facilitate site maintenance.
9. Plan approval is exclusive of all final signs on this site, including any new
freestanding, wall (building) signs and directional signs, which shall
remain subject to Chapter 34 of the city ordinances, and subject to
separate sign permit submittals and approval.
10. B6-12 curb and gutter shall be provided around all parking and driving
areas.
11. All work performed and materials used for construction of utilities shall
conform to the City of Brooklyn Center current Standard Specifications
and Details.
PC RESOLUTION NO. 2012-10
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. The Developer shall provide and dedicate all necessary easements as
required by the City Engineer, either on the new plat or by separate
recordable document/agreements.
14. The Developer shall install the 14 proof of parking spaces on the
northwest area of the assisted living facility, and the 16 spaces on the
north end of the fire lane/ring road in the northeast corner of the site.
15. The Developer shall provide connecting walkways between the sidewalk
along 69`h Avenue North to the parking lot areas, and walkways from
interior parking areas to other main door access points or other connecting
walkways.
16. The Developer shall install a 6 to 8-foot high screening fence along the
easterly and southerly property lines or buffer areas. Said fence/screening
device shall be constructed with either cedar wood or composite/vinyl
materials, with final style and locations approved by the City Business and
Development Director.
17. The Developer shall modify the Landscape Plan to include a clustering of
four to five evergreen/coniferous trees between the six bi-color oak trees
along the east buffer area, and the southeast corner of the pond area; the
Plan should also be modified to provide a small number of ornamental
trees into the plan; and Developer agrees to replace any existing
significant trees noted to be saved on the Landscape Plans (Sheet L1-1)
that may become damaged or removed as a direct result of construction on
this site.
18. The Developer agrees to submit for additional review revised plans and
work with City Staff in making reasonable efforts and means in providing
a suitable lighting plan, ring road, landscaping, and appropriate screening
to adjacent property owners.
19. The owner of the property shall enter into a utilities and facilities
maintenance agreement for maintenance and inspection of utility and
storm drainage systems prior to the issuance of permits.
PC RESOLUTION NO. 2012-10
20. Storm water drainage systems shall be approved by the Shingle Creek
Watershed Management Commission prior to the issuance of any permits.
21. The Developer shall submit an as built survey of the property,
improvements and utility service lines prior to release of the performance
guarantee.
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 R5/R6 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 ' necessary.
May 31,2012
Date Chair
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member Burfeind
and upon vote being taken thereon,the following voted in favor thereof:
Chair Rahn, Commissioners Burfeind, Kuykendall,Parks and Schonning.
and the following voted against the same: None.
Whereupon said resolution was declared duly passed and adopted.