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HomeMy WebLinkAbout2019-081 CCRMember Graves moved its adoption: introduced the following resolution and RESOLUTION NO. 2019-081 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-006 FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT WITH ZONING CLASSIFICATION OF PUD-TOD AND DEVELOPMENT SITE PLAN AT 5801 XERXES AVENUE N. WHEREAS, Planning Commission Application No. 2019-006 was submitted by Real Estate Equities ("the Applicant") who requests review and consideration for a planned unit development, with zoning classification of PUD-TOD, development site plan, and zoning map amendment for a proposed development project on 5801 Xerxes Avenue N ("the Subject Property"); and WHEREAS, the Subject Property is situated in the Central Commerce Overlay District and pursuant to a determination by City staff, this district does not permit residential uses within the District; and WHEREAS, the proposal comprehends the rezoning of the Subject Property to facilitate the planned and future redevelopment of the site with a proposed 270 units of multi- family housing in two buildings, along with associated site improvements, and a Zoning Code amendment to remove the Subject Property from the Central Commerce Overlay District; and WHEREAS, the Subject Property has an identified and guided future land use designation in the 2040 Comprehensive Plan as Transit Oriented Development (TOD), and the proposed PUD-TOD zoning designation comprehended under this application would be consistent with this underlying land use category; and WHEREAS, on May 16, 2019, the Planning Commission of the City of Brooklyn Center, Minnesota reviewed the application and received a planning report on the proposed Planned Unit Development and Zoning Map Amendment for the proposed new construction on the approximately 5 acre site; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on May 16th, 2019, whereby public testimony regarding the proposal was received. Notice of such public hearing was published in the official newspaper and actual notice was mailed to the applicant and adjacent property owners as required by Section 35-210 of the City Code; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the Planned Unit Development, site development, and rezoning request in light of the application presented, all testimony received, the guidelines and standards for evaluating the requests per City's Zoning Ordinance, along with the general goals and objectives of the City's RESOLUTION NO. 2019-081 2040 Comprehensive Plan; and WHEREAS, based on the findings of fact presented in the May 16, 2019, Staff Report and the submitted plans, as amended by the conditions of approval, the Planning Commission considered this application an appropriate and reasonable improvement to the Subject property, and voted (4-2) to recommend that the City Council approve this application; and WHEREAS, on May 28, 2019, the City Council of the City of Brooklyn Center, Minnesota reviewed the application, and received the Planning Commission's recommendation and staff reports, and considered the request in light of all testimony received, the guidelines and standards for evaluating this site and building plan review contained in the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota does hereby approve Planning Commission Application No. 2019- 006, as submitted by Real Estate Equities, for a planned unit development with a zoning classification of PUD-TOD, a development site plan, and zoning map amendment, based on the findings of fact and submitted plans, as amended by the following conditions of approval: 1. All requested alterations will need to be approved by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief. 2. Any significant changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development plans and documents as approved by the City Council. 3. The Applicant must submit separate applications for any sign permits to the City for review and permits. 4. Agreements: a. The Applicant must enter into a PUD agreement with the City of Brooklyn Center. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. The agreement shall further assure compliance with the development plans submitted with this application. b. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to -be submitted building permit for site improvements, which ensures the Subject Property will be constructed, developed, and maintained in ' conformance with the plans, specifications, and standards. c. The Developer shall submit an as -built survey of the property, improvements, and utility service lines prior to release of any Performance Agreement financial guarantee. 5. Engineering Review: The Applicant agrees to comply with all conditions or provisions RESOLUTION NO. 2019-081 noted in the City Engineer' s Review memorandums, dated May 10, 2019(Exhibit D). a. 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 for City site and building plan approval and prior to the issuance of permits. b. Provide a corner clip dedication of ROW at the intersection with Xerxes to preserve adequate sight distance for approaching vehicles at this intersection. c. Provide dedication of sidewalk easement along bass Lake Road 3' from existing sidewalk edge. d. Utility Facilities Easement Agreement is required. 6. Fire Inspector/ Building Official Review: The Applicant shall work to ensure all applicable 2015 Minnesota Fire Code requirements have been met as part of any site plan approval. 7. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 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. Landscaping: All landscaped areas shall include approved irrigation systems to facilitate site maintenance. a. The contractor shall submit irrigation shop drawings for review and approval prior to installation. 10. The Applicant shall work with the City's public art consultant, or similar, to provide a plan for creative placemaking to enhance the pedestrian access to transit. 11. Lighting: The Applicant shall provide a lighting plan that identifies all existing and proposed lighting for the parking lots and building. The lighting plan shall include a site wide photometric plan that is in conformance with the lighting provisions as noted under the City Zoning Ordinance and in consideration of the City' s Architectural Design Guidelines. Fixture specifications shall be provided prior to issuance of any building permits. 12. Signage: The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding). a. All signage is subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. RESOLUTION NO. 2019-081 May_ 28, 2019 Date f Mayor ATTEST: bAltva, "ZA City Cleric The motion for the adoption of the foregoing resolution was duly seconded by member Ryan and upon vote being taken thereon, the following voted in favor thereof. Butler, Graves, and Ryan and the following voted against the same: Elliott whereupon said resolution was declared duly passed and adopted.