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HomeMy WebLinkAbout2003-002 - 5000 France Ave. N FULL PACKETCity of Brooklyn Center Planning Commission Application Date Received Application No. Please Print Clearly or Tvne Address/Street Location of Property 6Drl� Frame 4vP_ Z Legal Description of Property Sew p %Q h /1ccu� 1 ' v VA4.-kae �, �+Jq o (05-/. Z�lS-�l�BZ Owner D4P-CAh 610LA rloh Phone No. //11 Address S821 D'It,►±5. Ave S �rhkeLLgo't5 Mti Applicant Phone No. Address Type of Request: Rezoning Variance Special Use Permit F1Subdivision Approval Site & Building Plan Approval 1-1 Other: Description of Request: I�� -& -&u� f �a� �,pp�ov -Ear Q yyhr4 7DW4 ` e- Application Fee I n 0 C Acct No. 10100-4403 Receipt No. `.) The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing statement, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessari y required by the City for the processing of the application. Such costs will be in addition to the application fee described herein. Withdrawal of the application will not relieve the applicant of the Joligation to pay costs incurred prior to withdrawal. De-0-11 n Applicant (Please Print) Applicant's Signature PLANNING COMMISSION RECOMMENDATION Dates of P. C. Consideration: Approved Denied this day of S - 20 C', subject to the following conditions: 7, Chairman ------------------------------------------------------------------------- r_ITY CO UNcu nr.TlnN Dates of Council Consideration: Approved Denied this . 10— day of 20 , with the following amendment: Clerk CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval, prospective applicants should arrange an informational meeting with the Planning Staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Four (4) copies of the following documents and information will be submitted, at least 14 days prior to the date of the regular Commission meeting, concurrent with filing the application (required documents must be consistent with ordinance and policy provisions before an application may be accepted): 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2. *An accurately scaled and dimensioned site plan indicating: a) parking layouts and access provisions, including calculation of ordinance parking requirements; b) designations and locations of all proposed buildings and required setback lines; c) fences, walls or other screening, including heights and type of material; d) outside lighting provisions, type and location (foot candle strength at property line must be calculated); e) curbing (13612 curb and gutter is required). Indicate radius measurements; f) building information, including: gross floor area, type of construction and occupancy classification. 3. *A landscape plan showing areas to be sodded or seeded, quantity, location, size and species of trees and shrubbery. (Note: Underground irrigation is required in all landscaped areas in commercial and industrial districts. Plans must be so noted.) 4. *Building floor plans, elevations, sections and specifications, including materials proposed. *Existing and proposed land elevations, drainage provisions, and utility provisions, including the diameters of utility lines. 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State Board of Registration for Architects, Engineers, Landscape Architects and Land Surveyors, and said drawings/plans will be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Planning and Zoning Specialist at 763-569-3330. Procedures & Requirements for Filing Application for Site & Bldg Plan Approval Revised 3-01 City of Brooklyn Center A Millennium Community February 28, 2003 Dean Gannon 5821 Irving Ave S Minneapolis, MN 55419 Dear Dean: This letter is to inform you of the action taken regarding Planning Commission Application No. 2003-003. Enclosed is an excerpt from the minutes of the Planning Commission meeting, the City Council meeting and the Planning Commission Information Sheet pertaining to your application for Site and Building Plan Approval. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc Enclosures CC: File No. 2003-002 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 30, 2003 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Graydon Boeck and John Whitehead were absent and excused. APPROVAL OF MINUTES — JANUARY 16, 2003 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the January 16, 2003, meeting as submitted. The motion passed. Commissioner Erdmann abstained as he was not at the meeting. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2003-002 — DEAN GANNON Chair Willson introduced Application No. 2003-002, a request for site and building plan approval for a four -unit townhome complex at the northeast corner of 50ch Avenue North and France Avenue (5000 France Avenue North). Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 1-30-03 for Application No. 2003-002 attached.) He advised the property is zoned R-4 (Multiple Family Residence) and allows as a permitted use multiple family dwellings of 1 %s to 2 stories in height with a density requirement of 3,600 sq. ft. of land per dwelling unit. This district also allows R-3 uses (Townhomes) as permitted uses provided they adhere to the district requirements, such as 5,400 sq. ft. of land per dwelling unit. The site is 19,955 sq. ft. in area. There was discussion by the Commission regarding the driveway size and placement on the site as well as requirements for green strips. Mr. Warren explained that the City Engineer's comments were related to safety issues with the driveway access on France Avenue which is a collector street and he and the City Engineer plan to meet with the applicant next week to discuss this further. 1-30-03 Page 1 Commissioner Reem inquired about garbage pickup and storage on the site. Mr. Warren responded that this property must comply with City Ordinances for garbage pickup as it relates to any residential property. He noted that garbage pick up would be the ame as a single family home, there will be no common area trash container area. Commissioner Erdmann asked how maintenance needs would be addressed in the future if the units were sold as individual units. Mr. Warren explained that in order f6r the units to be sold individually, the property would need to be replatted and a Condominium Declaration filed with the County. Such documents would address common area ownership and maintenance. The applicant, Mr. Dean Gannon, introduced himself. Commissioner Reem asked the applicant if he knew how the neighbors would feel about this being rental property. It was noted that since no public hearing is required for site and building approval, neighbors were not notified of tonight's meeting. Commissioner Newman asked for a history on the property. Mr. Warred responded that the parcel was previously occupied by a single family home, which was der6lished. The property was rezoned from R-1 to R-4 when all of the properties along 50th Avenue were rezoned several years ago. The property was owned by the owner of the industrial building on the opposite side of 50th for a number of years. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003-002 — DEAN GANNON There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2003-002, submitted by Dean Gannon for Site and Building Plan approval to construct a four -unit townhome complex on the 19,955 sq. ft. (.46 acres) site located at the northeast corner of 50`h and France Avenues North (5000 France Avenue North) subject to the following conditions: 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. 2. Grading, drainage, utility and erosion control 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 building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 1-30-03 Page 2 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. 8. All driveways in this development shall be either blacktop or concrete in accordance with the requirements of the Zoning Ordinance. 9. The landscape plan shall be modified prior to the issuance of building permits to include additional shrubbery around the foundation of the building and in the green strip areas between the driveways. 10. The proposed landscaping along the north side of the site is considered to be an acceptable substitute for meeting the screening requirements of the Zoning Ordinance. 11. The property owner shall execute an appropriate sidewalk easement, as approved by the City Engineer, for the portion of bituminous sidewalk at the southwest corner of the site. Said easement shall be executed prior to the issuance of building permits for this project. 12. The owner shall obtain a rental dwelling license from the City of Brooklyn Center if the townhome units are to be rented. 13. The owner shall replat the property or file a condominium declaration per the Minnesota Condominium Act if the units are to be sold separately. Voting in favor: Chair Willson, Commissioners, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its February 10, 2003 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN Chair Willson introduced the Critical Area and Mississippi River Recreation Area Plan Update, noting that a public hearing would be held following staffs presentation. Mr. Warren advised that a legal notice was published to advertise the public hearing as required by City Ordinances. 1-30-03 Page 3 RESOLUTION NO.2003-24 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7j. RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID RULES, IMPROVEMENT PROJECT 2002-05, XERXES AVENUE NORTH RECONSTRUCTION (NORTHWAY DRIVE TO I-94) RESOLUTION NO.2003-25 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION REQUESTING A VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION STATE AID RULES, IMPROVEMENT PROJECT 2002-05, XERXES AVENUE NORTH RECONSTRUCTION (NORTHWAY DRIVE TO I-94) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO.2003-002 SUBMITTED BY DEAN GANNON. REQUEST FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 4-UNIT TOWNHOME COMPLEX AT THE NORTHEAST CORNER OF 50TH AVENUE NORTH AND FRANCE AVENUE NORTH (5000 FRANCE AVENUE NORTH). THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT IT JANUARY 30, 2003, MEETING. City Manager Michael McCauley discussed that Planning Commission Application No. 2003-002 submitted by Dean Gannon requesting for site and building plan approval to construct a 4-unit townhome complex at the northeast corner of 50`h Avenue North and France Avenue North (5000 France Avenue North) had been approved by the Planning Commission at its January 30, 2003, meeting and is recommended for approval by the City Council. 02/10/03 -5- Councilmember Niesen informed the Council that she had a few questions and inquired if Planning and Zoning Specialist Ron Warren was going to do a presentation on the issue. Mr. Warren outlined the application submitted and noted that on the eighth condition approved by the Planning Commission, the application would need to replace the curb and gutter. He informed the Council that the Planning Commission recommended approval of Application 2003-002 subject to the following conditions: 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. 2. Grading, drainage, utility and erosion control 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 building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. 8. All driveways in this development shall be either blacktop or concrete in accordance with the requirements of the Zoning Ordinance. 9. The landscape plan shall be modified prior to the issuance of building permits to include additional shrubbery around the foundation of the building and in the green strip areas between the driveways. 10. The proposed landscaping along the north side of the site is considered to be an acceptable substitute for meeting the screening requirements of the Zoning Ordinance. 02/ 10/03 -6- 11. The property owner shall execute an appropriate sidewalk easement, as approved by the City Engineer, for the portion of bituminous sidewalk at the southwest corner of the site. Said easement shall be executed prior to the issuaice of building permits for this project. 12. The owner shall obtain a rental dwelling license from the City of Brooklyn Center if the townhome units are to be rented. 13. The owner shall replat the property or file a condominium declaration per the Minnesota Condominium Act if the units are to be sold separately. Councilmember Niesen asked if there would be two or four driveways. Mr. Warren responded that there will be four driveways and that they will comply with the standard width of the City's Ordinance. Councilmember Peppe questioned if the properties will be market value. Applicant Dean Gannon addressed the Council and informed that the properties will be market value. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003-002 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESCHEDULE FEBRUARY 18, 2003, CITY COUNCIL WORK SESSION TO FEBRUARY 24, 2003, IMMEDIATELY FOLLOWING THE REGULAR CITY COUNCIL MEETING Mr. McCauley suggested that the Council reschedule the February 18, 2003, City Council Work Session to February 24, 2003, immediately following the Regular City Council meeting so that all Council Members would be able to attend the Work Session. A motion by Councilmember Carmody, seconded by Councilmember. Peppe to reschedule the February 18, 2003, City Council Work Session to February 24, 2003, immediately following the Regular City Council meeting. Motion passed unanimously. 9b. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER Mr. McCauley discussed that the Charter Commission recommended an ordinance amendment to Chapter 4, Section 4.05 in order to comply with State Law. Councilmember Peppe questioned Section 3.01 that had been previously discussed with the Charter Commission. Mr. McCauley informed that the approval for this ordinance amendment is for Chapter 4, Section 4.05, and that the public hearing will be to only move forward with Section 4.05. 02/10/03 -7- Application Filed on 01-15-03 City Council Action Should Be Tak$n By 03-16-03 (60 Days) Planning Commission Information Sheet Application No. 2003-002 Applicant: Dean Gannon Location: Northeast Corner of 50th and France Avenues North (5000 France Avenue North) Request: Site and Building Plan Approval The applicant, Dean Gannon, is seeking site and building plan approval to construct a four unit townhome complex on the 19,955 sq. ft. (.46 acres) site located at the northeast corner of 50th & France Avenues North (5000 France Avenue North). The property in question is zoned R-4 (Multiple Family Residence) and is surrounded on the north by R-1 zoned property containing a single family home; on the east by R-4 zoned property containing a multiple family dwelling; on the south by 50th Avenue with I-2 (General Industry) zoned property housing various industrial uses on the opposite side of the street; and on the west by France Avenue also with I-2 zoned property and uses on the opposite side of the street. The R-4 zone allows as a permitted use multiple family dwellings of 1 %2 to 2 stories in height at a density requiring 3,600 sq. ft. of land per dwelling unit. This district also allows R-3 uses (Townhomes) as permitted uses provided they adhere to the R-3 district requirements. The R-3 district, among other things, requires 5,400 sq. ft. of land per dwelling unit. The site in question is 19,955 sq. ft. in area. At 5,400 sq. ft. of land per dwelling unit, this four unit proposal would require 21,600 sq. ft. of land. The applicant proposes to meet the zoning ordinance density requirements by utilizing the provision contained in Section 35-400 Subdivision lb, which allows the total minimum land area to be reduced by 500 sq. ft. for each required parking stall in or under a multiple residence. He proposes two tuck under garages per dwelling unit, which allows the minimum land area for this development to be reduced by 4,000 sq. ft. requiring a total land area of 17,600 sq. ft. This proposal, therefore, meets the zoning ordinance density requirements. It should be noted that if the applicant were proposing to have a 1 %Z to 2 story apartment building (also a permitted use), he could have at least a six unit complex given the density requirements for such a use. The applicant proposes 18 ft. double wide driveways along France Avenue leading to the garages for each of the units. The driveways will be served by an 18 ft. wide curb cut and will be separated by 9 ft. 4 in. landscaped areas. The driveway closest to the 50th and France intersection is about 34 ft. away from the 50th Avenue North right of way line and about 53 ft. from the edge of the 50th Avenue pavement. Both the 25 ft. sight triangle and 55 ft. clear view triangle can be 1-30-03 Page 1 maintained even if there is a vehicle parked in the driveway closest to the intersection. No access to the site is proposed from 50th Avenue North. The Zoning Ordinance requires a minimum of two off street (or on site) parking spaces per dwelling unit in a residential zone. As mentioned previously, there will be two garage spaces and at least two additional driveway spaces meeting the ordinance requirements for parking. The driveway depths are 35 ft. to 46 ft. measured from the property line to the building setbacks. An additional 13 ft. exists from the property line to the edge of the street. It appears that each driveway will be able to accommodate parking for four vehicles in addition to the two garage spaces. Adequate off street parking is available. The applicant has submitted preliminary grading, drainage and utility information that is being reviewed by the City's Consulting Engineer. The site is too small to require review by the Shingle Creek Watershed Management Commission. The survey submitted shows sanitary sewer and water main existing in both France and 50th Avenues. Each of the proposed townhome units will have a separate sewer and water connection. The manner and location of these connections is being reviewed by Mr. Brink and the Building Official. There is concern regarding the location and timing of connections to the utilities in France Avenue because France Avenue was reconstructed last year. (Note: 50th Avenue west of France connecting with Azelia Avenue at the railroad tracks was also completed recently.) A final wear course for France Avenue will be done during the next construction season. Mr. Brink wants to see utility connections made before the final wear course is completed, otherwise the street may have to be redone at the applicant's expense or another plan devised. The applicant's planned construction schedule appears to be such that the utility connections can be made before completion of France Avenue. The applicant will be responsible for constructing concrete driveway aprons and reconstructing curb and gutter within the France Avenue right of way according to city specifications. No curb and gutter, other than at the street line, is required on the site as driveways in this case are considered the same as single family driveways in R-1 and R-2 zoning districts. Either concrete or bituminous driveways, however, are required between the concrete driveway apron and the garages. Drainage from the driveways will be to France Avenue then north along the gutter line to existing storm sewer. There is a bituminous walk located within the 50th Avenue North right of way that clips a corner of the proposed site. If there is no existing public easement for this walkway, one will have to be provided. 1-30-03 Page 2 The applicant has submitted a landscape plan combined with the site plan. His landscape proposal is to make use of existing landscaping as much as possible and to infill with some new landscaping to meet the point system and screening requirements where a multiple residence use abuts R-1 zoned property. Attached for the Commission's review are photos of the site showing existing growth. The site is wooded with relatively heavy growth along the north and east sides. The planting schedule provided shows 150 existing landscape points with cedar and elm trees. The applicant plans to add, or infill, 12 Techny Arborvitae shrubs along the north property line to provide required screening for the abutment with the R-1 property to the north. This area already has wooded growth along with the cedar and elm trees. The Zoning Ordinance requires a 15 ft. buffer area where this site abuts R-1 zoned property. This buffer area cannot be used for structures, other than fences. Parking, driveway areas, garages and storage are also not allowed in this buffer area and the area is to be landscaped. A minimum 4 ft. high opaque screen fence, or City Council approved substitute such as landscaped screening, is required. The applicant is requesting that the City acknowledge the heavily wooded area on the north side of the site along with the additional arborvitae shrubs and the existing trees to be appropriate screening meeting the intent of the Zoning Ordinance screening requirements. The site is .46 acres and requires a minimum of 90 landscape points based on the landscape point system utilized by the Planning Commission for evaluating landscape plans. As noted previously, the applicant indicates that they have 150 points in existing trees (cedar and elm) shown on the plan and plan to add 12 Techny Arborvitae for six additional points to total 150 landscape points. They meet the Zoning Ordinance requirements for at least one 6 in. tree by preserving existing trees on the site. The distribution of landscaping in the point system gives them a total of 87 landscape points (50 percent shade trees, 40 percent decorative trees, 25 percent shrubs). We would recommend that applicant be required to provide additional shrubs particularly foundation plantings by the front of the units and in the green areas between the driveways. It should also be noted that one of the existing cedar trees is located within the site and clear view triangles at the corner of 50th and France. It appears that this tree will not create a site obstruction between 2 %Z ft. and 10 ft. above the center line grade of the intersecting streets, however, some trimming of the cedar may be necessary. As previously mentioned, four townhome units are proposed. The building setbacks will be stepped back from 35 ft. for the southerly most unit to approximately 46 ft. for the unit on the north. Each unit will have a tuck under double stall garage. Living room, dining and kitchen areas are on the first floor with three bedrooms, bathrooms and a laundry room on the second floor. A gas fireplace is indicated in the living room and a 12 ft. by 16 ft. concrete patio to the 1-30-03 Page 3 rear of the units is served by a sliding glass door. The exterior treatment will be a gray vinyl lap siding with white vinyl trim and black asphalt shingles. The applicant plans to rent these units, which will require the need fora rental dwelling license from the City. He has also indicated a desire to possibly sell the units individually in the future. This will require the applicant to either replat the property or file a condominium declaration with Hennepin County under the Minnesota Condominium Act. Trash and outside lighting will be the same as that for a single family home. The proposed use is a permitted use requiring site and building plan approval only. No public. hearing is required, therefore, no notices of the Planning Commission's consideration were sent. The plans appear to be in order and approval is recommended subject to at least the following conditions: 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. 2. Grading, drainage, utility and erosion control 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 building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. 1-30-03 Page 4 8. All driveways in this development shall be either blacktop or concrete in accordance with the requirements of the Zoning Ordinance. 9. The landscape plan shall be modified prior to the issuance of building permits to include additional shrubbery around the foundation of the building and in the green strip areas between the driveways. 10. The proposed landscaping along the north side of the site is considered to be an acceptable substitute for meeting the screening requirements of the Zoning Ordinance. 11. The property owner shall execute an appropriate sidewalk easement, as approved by the City Engineer, for the portion of bituminous sidewalk at the southwest corner of the site. Said easement shall be executed prior to the issuance of building permits for this project. 12. The owner shall obtain a rental dwelling license from the City of Brooklyn Center if the townhome units are to be rented. 13. The owner shall replat the property or file a condominium declaration per the Minnesota Condominium Act if the units are to be sold separately. 1-30-03 Page 5