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HomeMy WebLinkAbout2018-002 PCRCommissioner Koenig introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2018-002 RESOLUTION REGARDING THE DISPOSITION OF PLANNING APPLICATION NO. 2018-001 SUBMITTED BY GREG 1 AYES OF EBERT CONSTRUCTION FOR APPROVAL OF A NEW PLANNED UNIT DEVELOPMENT WITH NEW ZONING CLASSIFICATION OF PUD -C2 (PLANNED UNIT DEVELOPMENT - COMMERCE) & DEVELOPMENT SITE PLAN FOR AN INDOOR COMMERCIAL STORAGE BUILDING (LOCATED AT 1950 57TH AVENUE NORTH) WHEREAS, Planning Application No. 2018-001, submitted by the Greg Hayes of Ebert Construction, requests establishment of a new Planned Unit Development with a Zoning Classification of PUD -C2 (Planned Unit Development - Commerce), and approval of a Development Site Plan for a new indoor commercial storage building, to be located at 1950 57th Avenue North; and WHEREAS, the proposal comprehends the rezoning of the Subject Property to facilitate the planned and future redevelopment of the site with a proposed four-story, 112,000 - square foot indoor commercial storage building, along with other associated improvements including, but not limited to parking and drive areas, stormwater management, and landscaping; and WHEREAS, the subject property is identified and guided in the 2030 Comprehensive Plan as TH/MF/OS/RB/PS ("Townhome,", "Multi -Family,", "Office/Service Business," "Retail Business", "Public and Semi -Public"), and the proposed PUD -C2 zoning designation comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on March 15, 2018, the Planning Commission held a duly called public hearing, whereby a planning report was presented and public testimony regarding this proposed planned unit development was 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 (PUD) 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 C2 (Commerce) District, as contained in Section 35- 322, along with the provisions and standards of the Planned Unit Development District contained in Section 35-355 of the City's Zoning Ordinance; and WHEREAS, on March 15, 2018, the Planning Commission reviewed and considered the proposed new PUD development plans, which included the new site and building plans for the new four story, 112,000 -square foot indoor commercial storage building, elevation plans, and civil plans completed by Mohagen Hansen and Otto Associates, and found the plans to be in order and approved for the Subject Property. PC RESOLUTION NO. 2018-002 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 and submitted under Application No. 2018-001 by Greg Hayes of Ebert Construction, 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 opportunity for the currently vacant 57th and Logan site to be invested in; 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; The rezoning will facilitate the redevelopment of this site as an indoor commercial storage building, which will be compatible with the goals and policies of the City's Comprehensive Plan and underlying land use plan, which designates the Subject Property for a mixed range of uses, including OS ("Office/Service Business,") and RB ("Retail Business"); d. The proposed zoning is consistent and compatible with the surrounding land use classifications; The proposed rezoning will provide an opportunity for the Subject Property to maintain its underlying C2 (Commerce) District zoning classification with the flexibility of a Planned Unit Development (PUD), allow an approximately 2.6 acre portion of vacant land to be redeveloped into an indoor commercial storage building, and stimulate new investment in the neighborhood and community; 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 Property, will facilitate the redevelopment and improvement of the site, will allow for the utilization of the land in question in a manner which is compatible with, complementary to, and of comparable intensity to adjacent land uses as well as those permitted on surrounding land; h. The improvements and utilization of the Subject Property as proposed under the planned redevelopment of this site is considered a reasonable use of the PC RESOLUTION NO. 2018-002 property and will conform with ordinance standards; and 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, appears to be a good long range use of the existing land, and 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 formulated a favorable and unanimous recommendation of approval be forwarded to the City Council. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Planning Application No. 2018-001, submitted by Greg Hayes of Ebert Construction, which proposes a new Planned Unit Development with a Zoning Classification of PUD -C2 (Planned Unit Development - Commerce) and a Development Site Plan for a new indoor commercial storage building, located at 1950 57th Avenue North, be approved based on the following conditions: 1. Plat and PUD approval: Approval of the plat and establishment of the new Planned Unit Development are contingent upon final plat approval and successful recording of said plat. No separation of Lot 1, Block 1, Northbrook Center 2nd Addition, may occur without separate approval of a subdivision as provided under Chapter 15 of the City Code of Ordinances. a. The proposed subdivision is as follows: Lot 1, Block 1, Northbrook Center 3d Addition (Ebert Construction) —approximately 2.6 acres Lot 2, Block 1, Northbrook Center 3rd Addition (City of Brooklyn Center) —approximately 4.72 acres b. All recommendations and conditions as noted in the Assistant City Engineer's review memorandum, dated March 6, 2018, shall be complied with or completed as part of any final plat approvals. c. The final plat shall be subject to the provisions of Chapter 15 (Platting Ordinance). Building and Site Plan and Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants and other fire related building code items shall be reviewed and approved by the Fire Inspector. a. Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b. A pre -construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. PC RESOLUTION NO. 2018-002 Agreements: a. The Property Owner/Developer 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 C-2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. b. The owner of the property shall enter into a utility, facilities, and easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. a. A 10 -foot drainage and utility easement must be dedicated on the plat around the entire perimeter of the site and over the storm water BMPS treatment areas up to the 100 -year event. C. The Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications and standards comprehended under this Site and Building Plan. d. The Developer shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 4. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated March 6, 2018 (Exhibit D). a. A land disturbance (alteration) permit is required. b. Final grading, drainage, utility and erosion control plans and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. C. Applicant shall meet all requirements as identified by the Minnesota Pollution Control Agency (MPCA). d. The Applicant shall meet all applicable requirements as identified by Hennepin County in the review dated March 7, 2018 (Exhibit Q. e. The Applicant shall meet all applicable requirements as identified in the review by MnDOT dated March 14, 2018 (Exhibit E). f. The Applicant shall meet all applicable requirements identified as part of the review by the West Mississippi Watershed Commission. 5. Construction Standards: a. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b. The Applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. C. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. PC RESOLUTION NO, 2018-002 Facilities and Equipment: a. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. b. The building shall be equipped with automatic fire extinguishing systems meeting NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. C. The proposed 12 -foot by 12 -foot trash enclosure shall be constructed with building materials that are complementary to the principal building (proposed indoor commercial storage building). Landscaping: All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. a. Per City requirements, an irrigation system is required. b. The contractor shall submit irrigation shop drawings for review and approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the Chapter 34 (Sign Ordinance). March 15 2018 Date Randall Christensen, Chair ATTEST: Ginny McIntosh, ecretary The motion for the adoption of the foregoing resolution was duly seconded by member Tade and upon vote being taken thereon, the following voted in favor thereof: Alexander Koenig, Susan Tade, John MacMillan, Rochelle Sweeney, and Randall Christensen and the following voted against the same: Stephen Schonning and Abraham Rizvi whereupon said resolution was declared duly passed and adopted.