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HomeMy WebLinkAbout2021-119 CCR Member Graves introduced the following resolutionand moved its adoption: RESOLUTION NO. 2021-119 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2021-004 SUBMITTED BY KYLE THOMPSON OF HOYT PROPERTIES ON BEHALF OF FRASER FOR A USE DETERMINATION AND ISSUANCE OF A SPECIAL USE PERMIT TO OPERATE A CHILDREN'S DAY TREATMENT CENTER FOR THE PROPERTY LOCATED AT 6701 PARKWAY CIRCLE WHEREAS, on October 15, 1984 the City Council of Brooklyn Center, Minnesota approved Planning Commission Application No. 84033 for both site and building plan approval of a 74,850-square foot "Spec 10 Office and Warehouse Building" at what is now known as 6701 Parkway Circle ("the Subject Property"); and WHEREAS, on July 10, 1995, the City Council of Brooklyn Center, Minnesota, adopted City Council Resolution No. 95-157, which approved the rezoning of certain properties, including the Subject Property, from various I1 (Industrial Park) and C2 (Commerce) zoning district designations to PUD/I1 (Planned Unit Development/Industrial Park) and the establishment of a Planned Unit Development to accommodate common parking areas for the properties located northwesterly of the intersection of Shingle Creek Parkway and Freeway Boulevard; and WHEREAS, the approval also contemplated agreements for the purpose of creating certain parking, driveway, and access rights for the above-noted properties; and WHEREAS, the approval of the aforementioned resolution outlined conditions and considerations, of which included the execution of the Sixth Amendment to an existing Easement Agreement and Modification of Declaration of Parking that was to be filed with titles to the property with the Registrar of Titles at Hennepin County, and acknowledged specific percentage use allowances for each building located within the Planned Unit Development; and WHEREAS, said Sixth Amendment to the Easement Agreement eliminated the previous requirement for a parking ramp, as outlined in the adoption of City Council Resolution No. 84-112; and WHEREAS, in 2019, certain amendments to the Planned Unit Development were approved by City Council under City Council Resolution No. 2019-017 to remove the specific percentage use allowances in place for those buildings falling within the existing PUD and given on-going issues in meeting those percentage use allowances when filling vacancies; and WHEREAS, an Amended and Restated Planned Unit Development Agreement was subsequently executed on June 20, 2019; however, the Agreement maintained that the Subject Property located at 6701 Parkway Circle, "shall be limited to the following uses: uses that are permitted uses in the City's I-1 zoning district;" and RESOLUTION NO. 2021-119 WHEREAS, City staff was made aware of a City building permit application submitted for renovation of approximately 8,248-square feet of space within the one-story building located on the Subj ect Property in August 2021; and WHEREAS, following review of the proposed remodel and intended use as a "children's day treatment center," City staff contacted the Property Owner (Hoyt Properties) for clarification on the use; and WHEREAS, following discussions with the Property Owner and a tour of a similar facility operated by proposed tenant, Fraser, City staff determined that the only path forward for the use would be for the Applicant to apply for consideration of a Special Use Permit under Section 35-330.3.e, which allows for issuance of said Special Use Permit by City Council to certain commercial developments that demonstrate on a case-by-case basis to meet certain standards; and WHEREAS, it was determined that a "medical clinic" would be of most similar use to the proposed children's day treatment center, and the existing PUD currently allows for "clinic" use within a building located at 6601 Shingle Creek Parkway, which is of similar build and layout and located within the same light industrial park off Parkway Circle; and WHEREAS, all proposed improvements are limited to the interior of the tenant space with the exception of a proposed bus drop-off and pick-up area and sidewalk extension in front of the building, and the reserving of certain parking in front of the building for clients of the children's day treatment center; and WHEREAS, staff parking would be provided for via on-site and common parking available to the south of the Subject Property; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on September 9, 2021, whereby a planning staff report was presented and public testimony regarding the Special Use Permit were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the Special Use Permit and use determination requests in light of all testimony received,the guidelines and standards for evaluating this Special Use Permit contained in Section 35-220 (Special Use Permit) and Section 35-330.3.e of the City's Zoning Code, and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan, which identifies the Subject Property with a future land use designation of"Business Mixed-Use;"and WHEREAS, in light of all testimony received, the Planning Commission of the City of Brooklyn Center, Minnesota did determine that Planning Commission Application No. 2021-004, submitted by Kyle Thompson of Hoyt Properties on behalf of Fraser, may be approved based upon the following standards as outlined under Section 35-330.3.e for certain commercial developments which, in each specific case, are demonstrated by City Council to be: RESOLUTION NO. 2021-119 l. Compatible with existing adjacent land uses as well as with those uses permitted in the I-1 District generally; 2. Complementary to existing adjacent land uses as well as to those uses permitted in the I-1 District generally; 3. Of comparable intensity to permitted I-1 District land uses with respect to activity levels; and 4. Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon the industrial park or the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2021-004, submitted by Kyle Thompson of Hoyt Properties on behalf of Fraser for the issuance of a Special Use Permit to operate a children's day treatment center within an approximately 8,248-square foot space at 6701 Parkway Circle, may be approved subject to the following conditions: 1. Any major changes or modifications made to the Subject Property can only be made either through the City's Building Permit process or through formal site and building plan review by the City. a. The Applicant shall obtain all necessary permitting from the City in advance of any proposed improvements and address any comments provided by City staff. 2. Issuance of a Special Use Permit for the outlined children's day treatment center is for the property located at 6701 Parkway Circle only and does not contemplate the construction of any outdoor playground or exterior improvements, with the exception of the proposed bus drop-off and pick-up zone, sidewalk extension, and identified parking spaces for the outlined use. a. The existing crosswalk located between the Subject Property located at 6701 Parkway Circle and the common parking area located to the south, which is intended to provide additional parking for staff, shall be re-striped. 3. Approval from the Hennepin County Health Department shall be obtained for any proposed kitchen facilities. 4. Any and all registrations and licensures for the proposed use (children's day treatment center) are to be maintained. 5. The Property Owner shall ensure the fire sprinkler system is maintained and monitored. September 27, 2021 Date Mayor ATTEST: ���-'� �' ' �C� City Clerk • 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 thereo£ Butler, Elliott, Graves, Lawrence-Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.