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HomeMy WebLinkAbout2012-090 CCR Member Tim Willson introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-90 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 4 69TH 5 -541 O1 5 -69 AVENUE NORTH WHEREAS, Planning Commission Application No. 2012-003 submitted by Maranatha Conservative Baptist Home, Inc. (Maranatha) proposes a new Planned Unit Development (PUD) 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 PUD Application comprehends the rezoning of the Subject Site 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, and includes a development/site and building plan consisting of a new three-story, 97 bed skilled nursing care facility and a future 3 8-unit senior independent living apartment facility; 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, Residence) district contained along with the provisions and standards of the RS (Multiple Family Reside c ) 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, whereupon 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 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 Jl- RESOLUTION NO. 2012-90 2.5 story, 38-unit senior independent living facility, along with surface parking lots, fire lane, site lighting, landscaping and screening measures; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did thereby 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, and as submitted by Maranatha Conservative Baptist Home, Inc. be approvedbased 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 I' 6. Based upon the above considerations it is believed that the guidelines for p t� 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. j RESOLUTION NO. 2012-90 AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did further recommend to the City Council that Application No. 2012-003, which comprehends the final Development/Site and Building Plan in conjunction with the proposed new Planned Unit Development of the Subject Site, be approved subject to the same conditions and considerations memorialized herein. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, that Planning Commission Application No. 2012-003 submitted by Maranatha Conservative Baptist Home, Inc., which proposes a new Development/Site and Building Plan in conjunction with the proposed new Planned Unit Development of the Subject Site, of 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, site lighting, landscaping and screening measures, is hereby approved based on the following conditions: 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 p Y 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. I� 7. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. it RESOLUTION NO. 2012-90 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. 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 provide connecting walkways between the sidewalk along 69th Avenue North to the parking lot areas, and walkways from interior parking areas to other main door access points or other connecting walkways. 15. 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, fire lane, landscaping, and appropriate screening to adjacent property owners. The screening must meet City Code Section 35-410, in which an opaque fence or substitute is approved by the City Council. Any opaque fence or screening device shall be constructed with either cedar wood or composite/vinyl materials, with final style and locations approved by the City's Business and Development Director. 16. The 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. RESOLUTION NO. 2012=�90 17. 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. 18. Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of any permits. 19. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 20. 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. 21. Any new (future) building comprehended under the Phase II portion of this approved PUD Development/Site and Building Plan shall be subject to full review and consideration under separate Site and Building Plan application a r v -2 and 35-355 of City Code. o als as per Sections 35 30 Pp p Y 22. 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. n June 25 2012 A `� Date Mayor ATTEST: City Clerk jThe motion for the adoption of the foregoing resolution was duly seconded by member >'L 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.