Loading...
HomeMy WebLinkAbout2021-165 CCRMember Elliott introduced the following resolution and moved its adoption: RESOLUTION NO.2021-165 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO, 2021-006 FOR THE REZONING AND ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT TO ALLOW FOR CONSTRUCTION OF AN APPROXIMATELY 64,000- SQUARE FOOT MIXED OFFICE/LIGHT INDUSTRIAL BUILDING AND RELATED SITE IMPROVEMENTS (6440 JAMES CIRCLE NORTH) WHEREAS, Planning Commission Application No. 2021-006, submitted by McGlynn Partners LLC ("the Applicant") requests review and consideration to re -develop the former Earle Brown Bowl property, located at 6440 James Circle North ("the Subject Property"), to an approximately 64,000-square foot mixed office and light industrial building with related site improvements on an approximately 4.03-acre site; and WHEREAS, the Subject Property is the site of the former Earle Brown Bowl bowling alley, which was originally issued a special use permit to allow live entertainment and the bowling alley use in 1978 under Planning Commission Application Nos. 78023 and 78024; and WHEREAS, prior to the 1978 approvals, the City's 1975 official Zoning Map indicated that the Subject Property had been zoned I (Industrial Park) District; and WHEREAS, the Earle Brown Bowl subsequently closed in 2015 and the approximately 35,462-square foot building and property has remained vacant since; and WHEREAS, Tashitaa Tufaa/ODAA Center LLC ("the Property Owner") purchased the now C2 (Commerce) District -zoned Subject Property in 2017 and initially pursued a request for issuance of a special use permit under Planning Commission Application No. 2018-002 in 2018 to operate an event center and ancillary restaurant and bar out of the existing building, which was approved by City Council under City Council Resolution No. 2018-64; and WHEREAS, as special use permits require work to commence within one (1) year following City Council approval of the special use, the Property Owner was required to apply for re -issuance of said special use permit when no work was undertaken and the permit approved under Planning Commission Application No. 2018-002 expired; and WHEREAS, the Property Owner subsequently filed for re -issuance of the special use pei7nit under Planning Commission Application No. 2019-018 and received approval by City Council under Resolution No. 2020-12; however it subsequently expired again on January 13, 2021 after it was determined that work. has still not commenced on the event center use; and WHEREAS, the Property Owner ultimately partnered with Applicant McGlynn Partners LLC to redevelop the Subject Property into a mixed office and light industrial product; and RESOLUTION NO. 2021-165 WHEREAS, the request contemplated under Planning Commission Application No. 2021-006 would require site and building plan approval, as well as a re -zoning, and establishment of a Planned Unit Development; and WHEREAS, the 2040 Comprehensive Plan identifies the Subject Property and surrounding area with a future land use designation of "Business Mixed -Use," which is a new land use designation that guides land for a mix of business, light industrial, and supporting retail/service uses that encourages the redevelopment or development of commercial, office, general business, and light industrial uses in coordination with supporting retail/commercial uses to encourage a more dynamic and connected experience for workers; and WHEREAS, the 2040 Comprehensive Plan notes the Subject Property and immediate surrounding areas as a potential area of change and redevelopment within the next 20 years under Chapter 3 (Land Use & Redevelopment) of the Comprehensive Plan; and WHEREAS, on November 18, 2021, the Planning Commission of the City of Brooklyn Center, Minnesota received and reviewed a planning report on the requested site and building plan and establishment of a Planned Unit Development, which would ultimately re -zone the Subject Property from C2 (Commerce) District to Planned Unit Development/Business Mixed - Use (PUD/BM-U) for the proposed construction of the approximately 64,000-square foot mixed office and light industrial building and related site improvements on the approximately 4.03-acre Subject Property; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on November 18, 2021, and public testimony regarding the proposal was received; and WHEREAS, notice of the public heaz7ng was published in the official newspaper and mailed to the Applicant and properties falling within the notification area as required by the City and Minnesota State Statute, and signage was placed on the Subject Property indicating that a development proposal was under review; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the application requests in light of all testimony received, and the guidelines and standards as outlined under Sections 35-202 (Comprehensive Planning) 35-208 (Rezoning Evaluation Policy and Review Guidelines), 35-210 (Rezoning Application Procedures and Reconsideration), 35-230 (Plan Approval), and 35-355 (Planned Unit Development) of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookyn Center, Minnesota to recommend that Planning Commission Application No. 2021-006, submitted by McGlynn Partners LLC, be approved based upon the findings of fact in the November RESOLUTION NO.2021-165 185 2021, planning report, and submitted documents and plans as amended by the following conditions of approval; 1. The building plans are subject to review and approval by the Bung Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants or 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. Per City staff comment, the following shall be revised: i. Update the submitted civil set to remove the proposed new curb cut along Freeway Boulevard; ii. Provide and maintain sidewalk access from Freeway Boulevard and , identify opportunities to provide pedestrian level lighting along this connection; iii. Provide space for installation of a bike rack/bike facilities given Subject Property proximity to the Shingle Creek Regional Trail as well as bus stops located off -site along Freeway Boulevard; iv. Provide clear, internal crosswalk connections for those parking spaces indicated along the east portion of the Subject Property; v. Provide four-sided architecture, with articulation and architectural consideration on all four sides and in consideration of the City's Architectural Design Guidelines; vi. Provide additional glazing, and enhanced design elements, particularly focused around entrances and the building front, including, but not limited to: metal canopies, and architectural ornamentation attached to exterior panels; mi. Provide enlarged glazing along rear (east) portion of property, in the upper area over the loading bays; and viii. Install fencing along rear (east) property line between loading area and adjacent properties using enhanced materials such as cedar, ornamental metal, or other product as approved by the City. 2. Compliance with all conditions or provisions noted in the City Building Official's Building Review dated November 12, 2021. 3. Compliance with all conditions or provisions noted in the City Engineer's Review memorandum and redlined plan set dated November 10, 2021. 4. Verification that the proposed building and site has met all City Code requirements and specifications. 5. Apre-construction conference shall be held with City staff and other entities designated RESOLUTION NO. 2021-165 by the City prior to issuance of a Building Permit. 6. Distribution facilities are not a permitted use. For the purposes of this Planned Unit Development (PUD), a distribution facility is defined as a business that receives packages, sorts, and delivers them without product storage. Distribution as an accessory use is permitted only when it occurs from a manufacturing facility or a warehouse where a product is made or packaged on -site. 7. No outdoor storage or display of materials, equipment, or products accessory and necessary to a principal and permitted use is permitted. 8. The Applicant shall 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. 9. The Property Owner/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 the submitted site and building plan. 10. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and with materials complementary to the principal building, and an updated details sheet provided. 11. Provide a revised photometric plan that reduces the maximum foot candles along the east portion of the property to three (3) foot candles or less, and furnish fixture specifications of proposed light installations as part of the Building Permit submittal and in compliance with the City's Architectural Design Guidelines and Chapter 35-712 (Lighting) of the City Code. 12. An irrigation system shall be installed and maintained on -site and irrigation shop drawings shall be provided to the City for review and approval prior to installation. 13. A sign permit application shall be submitted for any proposed signage as part of the development proposal. Signage is subject to the provisions of the City Code. RESOLUTION NO.2021-165 December 13a 2021 Date ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Butler and upon vote being taken thereon, the following voted in favor thereof: Butler, Elliott, Lawrence -Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.