HomeMy WebLinkAbout2014-148 CCR Member Dan Ryan introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2014-148
RESOLUTION REGARDING THE DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2014-015 SUBMITTED BY THE CITY OF
BROOKLYN CENTER, MINNESOTA FOR SPECIAL USE PERMIT TO
ALLOW THE GRADING AND PLACEMENT OF FILL MATERIAL IN THE
FLOODWAY DISTRICT, LOCATED IN CENTENNIAL PARK AT 6301
SHINGLE CREEK PARKWAY
WHEREAS, the City of Brooklyn Center, Minnesota ("City") and pursuant to
City Code Section City Code Section 35-2140, Subpart 3.f, has submitted Planning Commission
Application No. 2014-015, requesting a Special Use Permit to allow the grading and placement of
fill material in the Floodway District of Centennial Park at 6301 Shingle Creek Parkway; and
WHEREAS, this area of Centennial Park where the City intends to place this fill
material is located in the established Floodway District boundaries identified in the City's own
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, Map No.
27053CO204-E, dated September 2, 2004, and which area and land uses are subject to City Code
Section 35-2140 and all related ordinances under Floodplain Management Section 35-2100; and
WHEREAS, this special use permit would authorize the City to place fill material
necessary for the installation of a low-lying, 3-foot wide earthen berm within the open space area
between the Shingle Creek waterway channel and the Centennial Park softball fields, for the
expressed purposes of a low-level flood protection berm system, to help reduce or alleviate flood
water damage to these public recreational ball fields and area; and
WHEREAS, as required by City Code Section 35-2190; Subpart 4.b, the City has
officially notified the Commissioner of the Department of Natural Resources of this proposed berm
project, and no comments or objections have been received by the Commissioner or his
representatives; and
WHEREAS, on October 16, 2014, the Planning Commission held a duly called
public hearing, whereby a staff report and public testimony regarding the special use permit were
received and noted for the record; and
WHEREAS, the Planning Commission considered the Special Use Permit
request, and in light of all testimony received, and reviewing and considering the guidelines and
standards for evaluating this special use permit as contained in City Code Section 35-2190;
Subpart 4.d, that this special use permit meets the general standards and factors for issuing or
approving said special use permit, and generally complies with the goals and objectives of the
City's 2030 Comprehensive Plan; and
RESOLUTION NO. 2014-148
WHEREAS, the Planning Commission adopted Planning Commission Resolution
No. 2014-16, which provides a favorable and unanimous recommendation to the City Council that
Planning Application No. 2014-015, the special use permit submitted by the City of Brooklyn
Center, Minnesota, is approved with certain conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the Special Use Permit to allow the grading and placement of
fill material for a flood-protection berm in the Floodway District of Centennial Park, located at
6301 Shingle Creek Parkway,is hereby approved subject to the following conditions:
1. Grading, drainage, utility and erosion control plans are subject to review
and approval by the City Engineer prior to the issuance of permits.
2. The areas of disturbance in and around the berm area shall be restored to
its pre-existing natural environment, and the berm shall be provided with
approved vegetative cover to ensure stability and prevent erosion of fill
material into Shingle Creek.
3. Appropriate erosion and sediment control devices shall be provided on site
during construction as approved by the Engineering Department.
4. An as-built survey must be completed upon installation of the new berm,
and the Special Use Permit must be title registered with the property in the
Office of the County Recorder.
October 27, 2014 f
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Carol Kleven
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Carol Kleven, 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.