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HomeMy WebLinkAboutPC96020• MEMO ,To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist /?4' Subject: City Council Consideration Item - Planning Commission Applicant No. 96020 Date: November 18, 1996 On the November 25, 1996 City Council Agenda is Planning Commission Application No. 96020 submitted by Dakota Hospitality requesting a Planned Unit Development (PUD) Amendment to build a 42,244 sq. ft., four story AmericInn at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 96020 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other • supporting documents. This matter was considered by the.Planning Commission at their November 14, 1996 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions of the Planning Commission. There are four different hotel market segments at the present time in Brooklyn Center: . -1 Super 8, Budgetel Inn; Comfort Inn -limited 'service 2. Minneapolis North Hilton -upper full service 3. Days Inn Minneapolis North (renovated to a Holiday Inn?) -mid full service 4: Country Inn Suites; Americinn Motels &Suites-upper.limite'd service. We do,not at the presentlimeany upper limited service hotels. 'When;Holiday Inn converted to a Hilton, we lost the upper,limited service customer that patronized the Holiday Inn. to other communities outside North Metro that could fill this segment.Using the Earle Brown Heritage Center as our primary amenity to sell.hotel rooms;, I believe we can recapture this market with .the addition of the Americinn Motel & Suites rooms. The cluster effect of similar businesses has generated many benefits in terms of business success because the various market segments present in the area are unequal to any other area, I spent twelve Years on theBloomington strip in the early operational .year§. of the . Sheraton Hotel. I saw similar growth occur and. was heavily involved in `advising the city official's, concerns regarding the oversaturation, issue. We may not have an , airport or, mega mall in North Metro Minneapolis; but,we have the"quiet side oitown yet are convenient, to all the Twin Cities amenities. This is our hospitality market and I recommend we study future hospitality development as it relates to the saturation issue. I think this is healthy for all parties concerned: Please count on me to be part of the process. I believe we have the momentum going in the right direction. I: not only recommend but will be excited to seethe Americinn Motel & Suites as part'of ourNorth"Metro Minneapolis room inventory: PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER NOVEMBER 14, 1996 REGULAR SESSION Call to Order 2. Roll Call 3. Approval of Minutes - October 17, 1996 4. Chairperson's Explanation The Planning Commission is 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. 5. Dakota Hospitality Company 96020 Planned Unit Development (PUD) Amendment to build a 42,244 sq. ft., four story Americlnn at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. 6. Discussion Item: A. Modifications to Tax Increment Financing District No. 3 Two modifications to Tax Increment Financing District No. 3 are being considered by the Economic Development Authority (EDA) and are set for consideration on November 25, 1996. The Planning Commission, by law, is given the opportunity to review the proposal and offer comments if it desires. 'Attached is a copy of the proposal as prepared by Springsted, Public Financial Advisors and a memo from Brad Hoffman, Community Development Director regarding this matter. 7. Other Business 0 8. Adjournment • Planning Commission Information Sheet Application No. 96020 Applicant: Dakota Hospitality Company Location: Northwest Corner of Freeway Boulevard and Shingle Creek Parkway Request: Planned Unit Development Amendment The applicant, Dakota Hospitality Company, is seeking an amendment to the Planned Unit Development approval for this area in order to build a 42,244 sq. ft., four story AmericInn. The property in question is legally described as Tract B, RLS 1619 and is a 4.12 acre parcel of land located at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. This specific site is the same site for which the City Council approved a PUD/I-1 rezoning and development plan for a 10,000 sq. ft. Country Harvest Buffet Restaurant under Planning Commission Application 94014 on November 28, 1994 (see City Council Resolution No. 94-253 attached). This site, with the Country Harvest Buffet development plan, was also acknowledged in a City initiated PUD/I-1 rezoning of a larger area including this property and surrounding property in 1995. The property under consideration is bounded on the north by Parkway Circle (a private access drive serving various businesses in the area) with the Parkway Place office/industrial building on the opposite side; on the east by Shingle Creek Parkway with a building containing various . industrial uses and the Spiritual Life Ministries on the opposite side; on the south by Freeway Boulevard with Chi Chi's Restaurant on the opposite side•, and on the west by the Minnesota State High School League building. The current applicant has submitted a new plan for development of this area. Their proposal calls for a four story, 80 unit motel that would be located on approximately 1.65 acres of this 4.12 acre site. The building will lie on the westerly portion of the property with parking located to the east and north of the building. The remaining 2.47 acres on the easterly portion of the site are proposed for a future development, possibly a restaurant, and contains an existing ponding area servicing this site and surrounding sites that provides for storm water retention and water quality purposes. Clarification from the applicant needs to be provided as to the total number of motel units comprehended. Their site plan indicates 80 units, the application indicates 88 units and the floor plans show a total of 83 units. For purposes of our review we will utilize an 88 unit motel complex. ACCESS/PARKING Access to the property is to be gained via Freeway Boulevard and from Parkway Circle. Two accesses are comprehended from Parkway Circle and a 40 ft. wide access is proposed along Freeway Boulevard, opposite of the access serving Chi Chi's Restaurant. This access exceeds 11-14-96 Page 1 4' the maximum permitted under the zoning ordinance for commercial or industrial developments. This has been pointed out to the applicant and will need to be revised either by reducing the access width to less than 30 ft. or providing a concrete delineator separating entrance and exit traffic. (Note: This has been corrected by a plan received on 11-12-96.) Another correction that needs to be made to the site plan involves meeting the 50 ft. building setback requirement from Freeway Boulevard. The site plan shows the front of the AmericInn to be 29 ft. 6 in. from the property line. Moving this building back from the property line will allow the access to shift somewhat more to the west, better aligning it with the Chi Chi's access on the south side of Freeway Boulevard. Moving the building to the north may eliminate some parking on the north end of the building. (Note: This has been corrected by a plan received on 11-12-96.) With respect to parking, an 88 unit motel with 12 employees would require 100 on -site parking spaces. The plan provided shows 113 parking spaces including six handicap spaces. Seven spaces are shown at the very north end of the building and may have to be eliminated with the shifting of the building to meet setback requirements. If these seven parking spaces are eliminated, there still would be 106 parking spaces on site which would exceed the parking requirement for an 88 unit motel building. Again, the applicant should clarify the total number of units that will be constructed. B-612 curb and gutter will be required around all driving and parking areas. It should be noted that no curb and gutter is indicated along the east side of the development plan where a future development may take place. I would only recommend the deferral of curb and gutter in this area for a short period of time pending development of the remaining 2.47 acres. The same is true with landscaping for this portion of the site, it should only be deferred for a specific period of time. The plans should be modified to provide a concrete parking delineator at the north end of the row of parking closest to the building. It is possible that the applicants may choose to seek a replatting of the property to create two lots on the site. This would have to be done under a separate application. Any future building development would be subject to the same Planned Unit Development Amendment process that the applicant is going through currently. DRAINAGE/GRADING/UTILITIES The drainage plan is proposed to drain the parking lot into five catch basins located at various points around the site. One catch basin is located in a greenstrip area west of the building, two catch basins are located at the north end of the parking lot, a fourth catch basin about midway along the east side of the parking lot and the fifth catch basin at the southeast corner of the site. Water will be conveyed via these catch basins and storm sewer to a 12 inch storm sewer located in an easement area at the south end of the site. Water will then be conveyed to the existing pond located at the corner of Freeway Boulevard and Shingle Creek Parkway. This pond serves as an area wide drainage pond and has been reviewed and approved by the Shingle Creek Watershed Management Commission to service this entire area. Sanitary sewer will be connected at the 11-14-96 Page 2 southwest corner of the building to tie into existing sewer located also in an easement area along the south side of the building. Water will be connected to the building at the southeast corner with the water line running under the parking lot to the north and then traversing the undeveloped area to tie into existing water main in Shingle Creek Parkway. This plan will not have to be reviewed by the Shingle Creek Watershed Management Commission as an area drainage plan has been prepared for this site and surrounding sites at the time this property was subdivided. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. They are only proposing to landscape the approximate 1.65 acre portion of the site that will be utilized by the AmericInn. The point requirement for this portion of the site is 80 landscape points. Their plan indicates a variety of plantings including 15 Greenspire Linden, 5 Colorado Blue Spruce, 24 Fragrant Sumac and various shrubs including 10 Andorra Juniper, 15 Blue Chip Juniper and 10 Goldflame Spirea. The planting size for Greenspire Linden should be 2 %2 inch diameter rather than 1 inch, and for the Fragrant Sumac, the diameter for these decorative trees should be one inch. The total allowable points for this landscape plan, based on the point system,. is 117.5 points. Giving credit for all plantings provided would run this total to 235.5 landscape points. The plantings appear to be well dispersed with two Lindens located along the Parkway Circle greenstrip, five located on parking lot protector areas, four along the west side of the building, and four in the greenstrip areas adjacent to Freeway Boulevard. Fragrant Sumac are also located along the Parkway Circle greenstrip and in an island area in the parking lot as well as on the east and west sides of the building. The remaining shrubs are also well dispersed around the building and the Colorado Spruce are located on the Parkway Circle and the Freeway Boulevard greenstrip areas. Sidewalks are provided around the north and east sides of the building and connect to sidewalk along Freeway Boulevard. BUILDING The building elevations show three levels to the building stepping away from Freeway Boulevard. The main entrance to the building is along the east side where an entrance canopy is to be located. The building exterior includes face brick on the lower levels and stained cedar siding on the balance of the building. My understanding is that the color of the building is to be gray. Peaked roofs with shingles will highlight the roof treatments and decks along portions of the east and west elevations will be provided for specific rooms in the hotel. The floor plans indicate a pool area, lobby and hospitality areas on the main floor as well as the various floor plans for specific units. 11-14-96 Page 3 LIGHTINGITRASH The applicant has submitted a lighting plan indicating the location for ten parking lot lights, two in the north parking lot and the balance along the east side of the building and in the island area dividing the parking lot. The type of fixture for the parking lot lights will be a rectangular cut- off luminaire, which will direct lighting downward and should not create glare off of the site. The lighting plan indicates the foot candles at various locations on the site from the lighting provided. The plan indicates there will not be any spill over onto adjacent property. The height of the parking lot lighting is not indicated. The site plan indicates that the trash enclosure will be located at the northwest corner of the building adjacent to the westerly access onto Parkway Circle. No detail of the enclosure is provided. It should be pointed out that the trash enclosure should be of the same material a9the exterior of the building and the gates should be of an opaque material. Plastic slats, however, are not acceptable for gate screening. The plans as a whole, and with some modifications and adjustments, appear to be in order. The applicant will be informed of the comments contained in this report and hopefully adjustments will be made to the plans prior to the Planning Commission meeting. PROCEDURE As pointed out previously, this proposal is an amendment to the Planned Unit Development proposal for this area. As such, it is required to follow the procedures contained in Section 35 355 regarding Planned Unit Development (attached). This requires a public hearing which has been scheduled. Notices have been sent and a notice has been published in the Brooklyn Center Sun/Post. Normally with rezonings or planned unit developments, these matters are referred to neighborhood advisory groups for review and comment. The Planning Commission serves as the neighborhood advisory group for the industrial park area and, therefore, no referral is necessary. Reference should be made as well with the recommendation as to the compatibility and consistency of this development plan with the standards for Planned Unit Development proposals. Some questions have been raised about the marketability on new units given the already existing units in the area. Dakota Hospitality Company has provided a brief explanation and I believe may have additional information for the Commission at Thursday's meeting. RECOMMENDATION With some adjustments and modifications to the plan, which is anticipated to be made by the applicant, the plans should be in order and approval is recommended subject to at least the following considerations and conditions. It is recommended that the Planned Unit Development amendment proposed under Planning Commission Application No. 96020 submitted by Dakota 11-14-96 Page 4 Hospitality Company be approved in light of the following considerations: • l . The development plans are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The development plans will allow for the utilization of the land in question in a manner which is considered compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those uses permitted on surrounding land. 3. The utilization of the property as proposed under the development plan will conform with City ordinance standards and is considered to be a reasonable use of the property. 4. The development plans are considered compatible with recommendations in the City's Comprehensive Plan for this area of the City. 5. The development plan appears to be a good, long range use of the existing land and can be considered to be consistent with other motel developments in the area and is in the best interest of the community. It is further recommended that approval of Application No. 96020 be 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 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 11-14-96 Page 5 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 the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility storm drainage systems, prior to issuance of permits. 11. The plan shall be modified in the following manner. A. To meet the 50 ft. building setback requirement from the Freeway Boulevard right-of-way line. B. To clarify the total number of units proposed for the development. C. Modification to the driveway access on Freeway Boulevard to be consistent with City Ordinance requirements. D. To provide a concrete parking delineator/protector at the north end of the row of parking closest to the building. E. To provide details of the trash enclosure area showing material to be used to provide proper screening. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 13. 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. 14. The area identified on the site plan as "future development" shall be seeded in a manner to allow appropriate maintenance. If, after three years from the date of issuance of the building permits for this.project, this area is not developed or improved, additional landscaping, underground irrigation and B-612 curb and gutter shall be installed in accordance with City Ordinances. The performance guarantee for 11-14-96 Page 6 this project shall not be released in its entirety until this area is developed or said required improvements have been completed. 15. Further development of the area identified as "future development" is subject to amendment to this Planned Unit Development. The City will not allow this area to be developed as a fast food/convenience food restaurant or a gasoline service station. The development agreement mentioned above will acknowledge this restriction or limitation. 0 ' r r s1 I IA 1-I PLANNING COMMISSION APPLICATION NO.96020 ' I AC SLIM. r � mom T puu Wwn� : • ..� m 6v 0 �",W mv oIC/A C/AW#ODIcx ---.. uatw c mvT. sEtvTcE h / cf'Ti / \ 02 IA ' !mil ri.~• va. la RS 02 02 rwo ��/ • � � ..It.ctr �I � 1 I AVC 1• In 11 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION N0. 94-253 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 94014 SUBMITTED BY COUNTRY HARVEST BUFFET MANAGEMENT INC WHEREAS, Planning Commission Application No. 94014 submitted by Country Harvest Management, Inc. proposes rezoning from I -I (Industrial Park) to PUD/C2 (Planned Unit Development/Commerce) of the property located at the northwest quadrant of Freeway Boulevard and Shingle Creek Parkway; and WHEREAS, this proposal comprehends the rezoning of the above mentioned parcel and site and building plan approval for a commerce planned unit development involving a 10,000 square foot, 400 seat restaurant at that location; and WHEREAS, the Planning Commission held a duly called public hearing on November 17, 1994, when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the Planning Commission recommended approval of -Application No. 94014 by adopting Planning Commission Resolution No. 94-2 on November 17, 1994: and WHEREAS, the City Council considered Application No. 94014 at its November 28, 1994 meeting; and WHEREAS, the City Council has considered this rezoning and site and building plan 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 Development Ordinance contained in Section 35-355, and in light of the City's Comprehensive Plan; and WHEREAS, the City Council has determined that the specific development proposed for the property is appropriate, but that the most appropriate underlying zoning classification for the property is I-1 (Industrial Park). NOW THEREFORE BE IT RESOLVED BY the City Council of the City of Brooklyn Center that Application No.. 94014 submitted by Country Harvest Buffet Management, Inc. be approved as a rezoning to PUD/I-1 in light of the following considerations: 1. The rezoning and site and building plans are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. Resolution No. 94-253 2. The rezoning and site and building plans will allow for the utilization of the land in question in a manner which is considered compatible with, complimentary to and of comparable intensity. to adjacent land uses as well as those uses permitted on surrounding land. 3. The utilization of the property as proposed under this rezoning. and site and building plan will conform with City Ordinance standards and is considered a reasonable use of the property. 4. The rezoning and site and building plans are considered compatible with recommendations in the City's Comprehensive Plan for this area of the City. 5. The rezoning and site and building plans appear to be a good long range use of the existing land and can be considered to be in the best interests of the community. J BE IF FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 94014 as a rezoning to PUD/I-1.be subject to the following conditions and consideration: 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 and utility plans are subject to review and approval by, the Engineering Department prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to issuance of permits. 4. Any outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view. 5. The building is to be -equipped with an automatic fire extinguishing sysiem 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 maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. • Resolution No. 94-253 9. The applicant shall submit an "as -built survey" of y 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 for maintenance and inspection of utility and storm drainage systems, prior to issuance of permits. 11. The plan shall be modified to indicate parking lot screening along the green strip areas. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and. details. 13. 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. 14. . The area identified on the site plan as "undeveloped" shall be seeded in a manner to allow appropriate maintenance. If, after three years from the date of the issuance of building permits for this project, this area is not developed or improved additional landscaping, underground irrigation and B612 curb and gutter shall be installed in accordance with City Ordinances. The performance guarantee for this project shall not be released in its entirety until this area is developed or said required improvements have been completed. 15. Further development of the area identified as "undeveloped" is subject to amendment to this planned unit development. The City will not allow this area to be developed as a fast food or convenience food restaurant. The development agreement mentioned above shall acknowledge. this restriction or limitation. November 28, 1994 Date Todd Paulson, Mayor ATTEST: Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded .by Kristen Mann and upon voting being taken thereon, the following voted in favor thereof. - Todd Paulson, Dave Rosene, Celia Scott, and Kristen Mann; and the following voted against the same: none, where upon said resolution was declared duly passed and adopted. ....r,;;r.... c+w-9011aU Ha wlr-«a Itou muv'aM'.e,.e ^���_ .L'"" NNIV9 IN NNI r'a.� eu�rr�aa�wyru�r�ai�Wa�iocr�r y(( 3 t� 7M �ppi jL•in•N �... �!3 Ci0�9 Q.Y.1 eSJ..J�.a.1rl.Ja Y �1jj w W W LL W a ^I m� N O 00 m a� In N � za J a O O W (C n z� W W C F• S N Ln I— w a Boa U) mccN W F r. 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I ...................... .............. ...... ........ . ......... ............. L .. ........ ........ .. .. ........ .. .............. ........... . .. . ........... .......... .......... mo-ow Ow -4 w p (Sul 30twe va %KWA modulf 'a '11 "IS a ommalyu 0 SEU=Uxw - *Mmm MUM Mobool:lm —AA 42cmd HOULS —r.L b—,,-N- --Zz" -twitz 01 a.' AUW d Y tit N'iJ6Fl/r7d r ia36VWAQ"l �+tw aottraR� tu-vrooaio - m S.Iadim- mly 'i=taw truce+ HOUIS 'T.L 19 f a C � � 0 I 4j4 o4 M. . mi M, OR F— L Landscape Point System 1. Landscape Plantings shall be provided on the site based on the point system indicated below: Maximum °'a Planting Type Minimum Size Points/Planting of Points Shade trees (Deciduous, Maple, 2 1 /2" diameter 10 50 Linden, Ash, Oak, Locust, etc) Coniferous Trees (Pine, Spruce, 5' height 6 40 Cedar) Decorative Trees (Russian Olives, 1 " diameter 1.5 35 Radiant Crab, Canada Red Cherry, etc) Shrubs (Dogwood, Spirea, 12" diameter .5 25 Mockorange, Juniper, Arborvitae, etc) Points Reauired Per Acre The following schedule shall be used to determine the required number of points for a given site. The schedule is cumulative so that the first two acres of any site will require points on the basis of the column headed "0-2"; the next eight acres shall be computed on the basis of the column headed "2-10"; and, area over ten acres shall be computed on the basis of the column headed "10 + ". Type of Development Land Area of Site (Acres) 0-2 2-10 10+ Office 100 80 60 Restaurant/Retail/Service/Entertainment/Hotels 80 60 40 Light Industrial 75 60 50 Heavy Industrial 60 50 40 Office/Industrial (Over 25% office) 90 70 50 Multi -Family Residential 90 75 60 Examples Six acre office site = 2 acres @ 100 plus 4 acres @ 80 = 520 points Fifteen acre retail/restaurant = 2 acres @ 80 plus 8 acres @ 60 plus 5 acres @ 40 = 840 points 2. The above point system in no way substitutes for the screening and buffer requirements set forth in the Zoning Ordinance. Plantings used for screening purposes shall be accorded points, but fulfilling the point requirements shall not obviate the requirements for screening. 3. Mature existing trees shall be accorded points on the basis of the above point schedule. A bonus equal up to the full value of a given planting may be granted by the Commission for the preservation of large existing plantings. 4. All green areas on a site shall be sodded except in areas where viable turf exists and is totally undisturbed by construction. The burden shall be on the developer to prove at the time of a site inspection that such viable turf, in fact, exists and has been properly maintained. All greenstrips adjacent to an interior property line shall be a minimum of 5 ft. in width except in cases where special buffer provisions apply. Landscape Point System Revised 2.95 • c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses, Such accessory uses to include but not be restricted to the following: 9 l . Off-street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35-355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD-. MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD-MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. 35-45 c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD-MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: l . There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right-of-way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or . 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses.. b. Within a PUD, overall density for residential developments shall be consistent with Section 35-400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35-700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. 35-46 . Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land, subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. • Subdivision 5. Application and Review. 0 a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; A grading plan; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 35-47 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35-210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35-210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City. Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35-210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35-208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant. to Section 35-230 of this ordinance. In addition to the information specifically required by Section 35-230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. 0 35-48 • The plan submitted for approval pursuant to Section 35-230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory to the City. f. Applicants- may combine development plan approval with the plan approval required by Section 35-230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35-230, nothing shall be constructed on the site and no building permits shall, be issued except in conformity with the approved plans. h. if within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commis. -,inn after c„nh nnt;rP and banAnn no maw �,