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HomeMy WebLinkAbout2015-103 CCR Member April Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2015-103 RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2015-004 SUBMITTED BY CS PROPERTY NMA, LLC (NEW MILLENNIUM ACADEMY) FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD- MIXED R-2/R-3 (PLANNED UNIT DEVELOPMENT - TWO FAMILY RESIDENCE AND MULTIPLE FAMILY RESIDENCE) & DEVELOPMENT SITE PLAN OF A NEW K-8 PUBLIC CHARTER SCHOOL FACILITY (PROPERTY LOCATED AT 5120 LILAC DRIVE NORTH) WHEREAS, Planning Application No. 2015-004 submitted by CS Property NMA, LLC (New Millennium Academy) proposes a new Planned Unit Development with new Zoning Classification of PUD-Mixed R-2/R-3 (Planned Unit Development Two Family Residence and Multiple Family Residence) and a Development Site Plan of a new K-8 Public Charter School Facility,located at 5120 Lilac Drive North; 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, 82,000 sq. ft.public charter school facility with outdoor surface parking areas, and playground; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as TH/MF/OS/RB/PS (Townhome-Med. Density/Multi-Family High Density/Office-Service Business/Retail Business/Public & Semi-Public, and the proposed PUD- MIXED R2/R3 Zoning comprehended under this application would be consistent with this underlying land use category;and WHEREAS, on June 11, 2015, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed planned unit development were received and noted for the official record, and the request was duly considered in light of all testimony received; and )WHEREAS, the Planning Commission considered the rezoning comprehended under this planned unit development request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35-208 of the City's Zoning Ordinance, along with the provisions and standards of the R2 (Two Family Residence) and R3 (Multiple Family Residence) districts, as contained in Section 35-311 and Section 35-312, respectively, along with the provisions and standards of the Planned Unit Development district contained in Section 35-355 of the City's Zoning Ordinance; and RESOLUTION NO. 2015-103 WHEREAS, on June 11, 2015, the Planning Commission reviewed and considered the proposed new PUD Development Plans,which included the new site and building plans of the new 82,000 sq. ft. K-8 public charter school,elevation plans,and civil plans completed by DSGW Architects and their consultants, and found the plans to be in order and approved for the Subject Site; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center recommends to the City Council that the rezoning element comprehended under the proposed Planned Unit Development submitted under Application No. 2015-004 by CS Property NMA, LLC (New Millennium Academy),may be approved based upon the following findings: A. The proposed rezoning appears to demonstrate a clear and public need or benefit to the community and regional area, as it will improve the appearance of the city and enhance the quality of life, property values and civic pride in this neighborhood area; and provide an excellent educational opportunity for the children of our growing and diversified population groups. B. The rezoning and its related development proposal will not be a detriment to the neighborhood, and should provide a positive effect on the community; C. The rezoning will facilitate the redevelopment plan of this site, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan. D. The proposed zoning is consistent and compatible with the surrounding land use classifications; E. The proposed rezoning will provide an opportunity to provide an ideal redevelopment of a targeted area for the community's education needs, eliminates an obsolescent or deteriorating nursery garden center; and will stimulate new investment in the neighborhood and community. F. The Development/Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; G. 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; RESOLUTION NO. 2015-103 H. 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; I. 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;and J. 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 WHEREAS, upon due and proper consideration of this matter, and in light of all testimony received, utilizing the guidelines for evaluating rezoning 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 favorable and unanimous recommendation of approval be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, Planning Application No. 2015-004 submitted by CS Property NMA, LLC (New Millennium Academy) proposes a new Planned Unit Development with new Zoning Classification of PUD-Mixed R-2/R-3 (Planned Unit Development - Two Family Residence and Multiple Family Residence) and a Development Site Plan of a new K-8 Public Charter School Facility,located at 5120 Lilac Drive North; is hereby approved based on the following conditions: 1. All conditions noted in the City Engineer's Review Memorandum (dated 06/03/15) and all other subsequent or updated conditions required by the City Engineer are submitted and/or fulfilled, including approval by the City Engineer and Hennepin County officials of a final traffic study and traffic management plan. 2. The Developer (CS Property NMA, LLC / New Millennium Academy) agrees to dedicate to the city (with no compensation) the added right-of- way necessary to complete the`Lilac Drive roadway extension along the westerly project boundary line, which will be made part of the overall Brooklyn Boulevard roadway improvements in this area. 3. Developer shall plant additional coniferous (evergreen) trees in a staggered row along the south edge of the easterly parking lot to effectively screen the adjacent single family home to the south. RESOLUTION NO. 2015-103 4. Developer shall provide a clearly marked and striped pedestrian walkway across the main drive aisle, from the north parking lot to the front door entry. 5. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of any building permits. 6. 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. 7. The location or placement of any proposed or future fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Chief. 8. 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. 9. 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. 10. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 11. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 12. 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. 13. All workp erformed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 14. 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. RESOLUTION NO. 2015-103 15. 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. 16. Storm water drainage systems shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of any permits.. 17. The Developer shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 18. 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 R2/R3 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. 19. 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. 20. The Developer shall provide the Planning Commission an opportunity to approve the final architectural treatments, finishes and materials prior to building permit submittals; and satisfactorily address the screening issues between the neighboring residents and project site. June 22 2015 Date n Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kris Lawrence-Anderson and upon vote being taken thereon,the following voted in favor thereof: April Graves, 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.