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HomeMy WebLinkAbout2013-065 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-65 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2013-003 SUBMITTED BY MBC II, LLC / PAUL HYDE FOR AN AMENDMENT TO THE 2008 MINNEAPOLIS BUILDING CENTER II PLANNED UNIT DEVELOPMENT PROJECT (FORMER HOWE FERTILIZER SITE-4821 XERXES AVENUE N) WHEREAS, the City Council for the City of Brooklyn Center previously considered Planning Commission Application No. 2008-001 submitted by Real Estate Recycling Acquisitions, LLC, which approved the rezoning from I-2 (General Industry) to PUD/I-1 (Planned Unit Development/Industrial Park) of a 5.03 acre site located at the southwest corner of 49th Avenue North and Brooklyn Boulevard, commonly known as the former Howe Fertilizer Site and addressed as 4821 Xerxes Avenue North("Subject Property"); and WHEREAS, the 2008 Planned Unit Development rezoning also considered the acceptance and approval of a new PUD development plan for a 51,000 sq. ft. office/industrial/warehouse facility on the subject property; and WHEREAS, the City Council, upon favorable recommendation from the Planning Commission, did adopt City Resolution No. 2008-23, which in effect approved the original 2008 Planned Unit Development of the Minneapolis Business Center II Project for the for the Subject Property; and WHEREAS, on May 30, 2013, the Planning Commission also considered Planning Application No. 2013-003, submitted by MBC II, LLC (the successors and assigns of Real Estate Recycling Acquisitions, LLC of the Subject Property),which application comprehends the approval of an Amendment to the 2008 Planned Unit Development,whereby requesting certain and additional modifications and allowances from the 2008 PUD approvals, including: 1. enlarging a pre-approved office/warehouse building from 51,000 sq. ft. to 60,000 sq. ft.; 2. allowing a minor relocation of the new building on the subject parcel; 3. reducing certain boundary setbacks; and 4. allowing a small expansion of new driveway/parking areas, which would impact the required buffer areas required under the established PUD/I-1 District. WHEREAS, the Planning Commission held a duly called public hearing on May 30, 2013, whereby this item was given due consideration, a staff report was presented, and a public hearing was opened to allow for public testimony regarding this planning application, all of which were received and noted for the record. RESOLUTION NO. 2013-65 AND WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance and the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan, the Planning Advisory Commission did formulate a recommendation to be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED ,the Planning Advisory Commission of the City of Brooklyn Center, does hereby recommend to the City Council that Planning Application No. 2013-003 as submitted by MBC II, LLC, requesting approval of an Amendment to a Planned Unit Development, specifically the 2008 Minneapolis Building Center II Project, be approved based upon the following considerations: 1. The Amendment to the 2008 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 Amendment to the 2008 Planned Unit Development proposal keeps and maintains 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 the 2008 Planned Unit Development Rezoning remains a reasonable use of the property and will conform with ordinance standards, including those allowed under City Resolution No. 2008-23, which remain in effect or modified herein by this approval. These modifications and standards are contained in the updated 2013 Minneapolis Business Center II Project development/site plans. 4. The Amendment to the 2008 Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Amendment to the 2008 Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. BE IT FURTHER RESOLVED the Planning Advisory Commission of the City of Brooklyn Center, recommends to the City Council that Planning Application No. 2013-003 as submitted by MBC II, LLC, requesting approval of an Amendment to a Planned Unit Development, specifically the 2008 Minneapolis Building Center II Project, be approved based upon the following additional allowances and conditions: RESOLUTION NO. 2013-65 1. All previous conditions memorialized in City Resolution No. 2008-23, including those not affected by these new allowances, shall remain in effect and complied with as part of this 2013 PUD Amendment approvals, which are noted as follows: a) The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. b) Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. C) 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 required site improvements. d) B-612 curb and gutter shall be provided around all parking and driving areas. e) Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. f) The buildings shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. g) Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. h) Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. i) The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. D The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. RESOLUTION NO. 2013-65 k) The existing water and sanitary sewer services shall be properly disconnected from city systems in a manner approved by the City Engineer prior to the demolition of existing buildings on the site. 1) Driveway entrance construction is subject to the issuance of permits from the City Engineering Department and compliance with city standards and specifications. m) All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. n) The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. o) Storm water drainage systems and the detention pond plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. P) Approval of this Planned Unit Development acknowledges the 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 I a, 13. Such uses are specifically prohibited within this Planned Unit Development. q) The owner shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed 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 modifications to the I-1 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. r) The owner of the property shall execute a deed restriction, as approved by the City Attorney, requiring a small parcel of land lying easterly of this site in the City of Minneapolis and identified as Parcel 2 on the land survey submitted with this proposal binding it to Lot 1, Block 1, Howe, Inc. 2nd Addition so that it shall not be used, sold or conveyed as a separate parcel. Said deed restriction shall be filed with the titles to the properties prior to the issuance of building permits for this project. RESOLUTION NO. 2013-65 S) The applicant shall provide the City with assurance that their plan to remediate hazardous substances and petroleum products that present a threat to public health or the environment is acceptable with Minnesota Department of Agriculture and/or Minnesota Pollution Control Agency standards prior to the issuance of building permits. 2. Allow a revision from the 2008 MBC II PUD Plans to increase the proposed office/warehouse building from 51,000 sq. ft. to 60,000 sq. ft.; 3. Allow the minor relocation of the new building on the subject parcel as shown or indicated on the 2013 MBC II PUD Plan set; 4. Allowing the reduced boundary setbacks of the parking area from 15-feet to 10-feet in certain locations; 5. Allowing a small expansion of new driveway/parking areas, which would impact the required buffer areas required under the established PUD/I-1 District. 6. The Applicant shall provide a paved pedestrian/bicycle connection between the parking lot area near the front entryway leading out to the existing sidewalk along Osseo Road. 7. All conditions or requirements as noted in the City Engineer's Review Memorandum, dated May 23, 2013 and referenced herein shall be complied with as part of this 2013 PUD Amendment approvals 8. Execution of a PUD Amendment agreement as prepared by the City Attorney. 9. A final landscape and screening plan must be approved by the Planning Commission prior to the issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-003 as submitted by MBC II, LLC,requesting approval of an Amendment to a Planned Unit Development, specifically the 2008 Minneapolis Building Center II Project, is hereby approved subject to the conditions memorialized herein. RESOLUTION NO. 2013-65 June 10 2013 Date Mayor ATTEST: City Clerk LUi2nrr The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Rieven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.