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HomeMy WebLinkAbout2000-121 CCR1 Member Ed Nelson introduced the following resolution and moved its adoption: RESOLUTION NO. 2000-121 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2000-014 SUBMITTED BY FRANZ ENGINEERING REPRODUCTIONS, INC. 1 WHEREAS, City Council Resolution No. 98-47 adopted on March 23, 1998, approved a rezoning from I-1 (Industrial Park) to PUD/I-1 of a 7.28 acre parcel of land located at the southwest quadrant of Xerxes Avenue North and Freeway Boulevard; and WHEREAS, that Planned Unit Development (PUD) proposal also included site and building plan approval for the first phase development on a portion of the property for a 104 unit Extended Stay America Motel and deferred approval for the remaining two lots pending submission of Planned Unit Development amendments for subsequent development; and WHEREAS, Planning Commission Application No. 99009 consisting of a PUD amendment submitted by Progressive Consulting Engineers, Inc. on behalf of Motel 6 Operating LP calling for development of a three story, 122 unit motel on Lot 2, Block 1, Shingle Creek 5th Addition, was approved by the City Council under Resolution No. 99-159 on October 25, 1999; and WHEREAS, Planning Commission Application No. 2000-014 has been submitted by Franz Engineering Reproductions, Inc. as an amendment to the Planned Unit Development for this area to allow construction of a 20,670 sq. ft. service/office commercial complex on the remaining 2.28 acre parcel of land known as Lot 1, Block 1, Shingle Creek 5th Addition; and WHEREAS, the Planning Commission held a duly called public hearing on June 29, 2000, when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission recommended approval of Planning Commission Application No. 2000-014 by adopting Planning Commission Resolution No. 2000-03 on June 29, 2000; and WHEREAS, the City Council considered Planning Commission Application No. 2000-014 at their July 10, 2000 meeting; and WHEREAS, the City Council has considered this Planned Unit Development Amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's zoning ordinance, the provisions of the Planned Unit RESOLUTION NO. 2000-121 Development ordinance contained in Section 35-355, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2000-014 submitted by Franz Engineering Reproductions, Inc. be approved in light of the following considerations: 1. The Planned Unit Development Amendment is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's zoning ordinance. 2. The Planned Unit Development proposal 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 utilization of the property as proposed under the Planned Unit Development Amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a 15 ft. rather than 50 ft. buffer strip along the Xerxes Avenue right of way area which is justified on the basis of providing heavy landscaping and utilizing a dense, staggered planting scheme of coniferous trees to screen and buffer the area. 4. The Planned Unit Development proposal is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development Amendment appears to be a good long range use of the existing land and can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the city's zoning ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 2000-014 be subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. RESOLUTION NO. 2000-121 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. 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. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 8. B-612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement with the City for maintenance and inspection of utility and storm drainage systems as recommended by the City Engineer prior to the issuance of permits. 11. The plans shall be modified prior to the issuance of building permits to indicate: a. Parking deliniators on each end of a line of parking located on the east side of the building. b. Solid wood or metal screening on the trash enclosure gate rather than the vinyl filler strips shown on the plan. c. That the 21 parking spaces on the west side of the property do not need to be striped to discourage parking in this area. RESOLUTION NO. 2000-121 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 14. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property. 15. Utilization of the building shall be limited to service/office commercial uses with limited incidental sales. General commercial and retail uses such as convenience stores, video rental, restaurants, recreation and amusement places shall not be allowed to occupy this building. 1 July 10, 2000 Date ) - gj \)4 ~ ATTEST. City Clerk Ma or The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.