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HomeMy WebLinkAbout2022-076 CCR Member Elliott introduced the following resolution and moved its adoption: RESOLUTION NO.2022-76 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2022-004 FOR A RE-PLAT, REZONING, AND ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT AND AMENDMENTS TO THE ZONING CODE AND 2040 COMPREHENSIVE PLAN TO ALLOW FOR REDEVELOPMENT OF THE FORMER SEARS SITE AND CONSTRUCTION OF TWO BUSINESS PARK BUILDINGS OF APPROXIMATELY 230,000-SQUARE FEET COMBINED AND RELATED SITE IMPROVEMENTS (1297 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2022-004, submitted by Scannell Properties, Inc. and on behalf of Transformco ("the Applicant") requests review and consideration for the re-plat, re-zoning, and establishment of a Planned Unit Development and an amendment to the City's Zoning Code that would allow for redevelopment of the former Sears site located at 1297 Shingle Creek Crossing ("the Subject Property") and subsequent construction of two business park buildings of approximately 110,000 and 120,000-square feet, respectively (230,000-square feet combined), and related site improvements; and WHEREAS, the Subject Property is situated in the Central Commerce Overlay District and pursuant to a determination by City staff,the proposed use is not clearly defined as a use within the District; and WHEREAS, on June 23, 2022, the Planning Commission of the City of Brooklyn Center, Minnesota received and reviewed a planning report on the requested re-plat, site and building plan, re-zoning, and establishment of a Planned Unit Development, which would re-zone the Subject Property from PUD/C2 (Planned Unit Development/Commerce) District to a new Planned Unit Development with an underlying Business Mixed-Use District designation(PUD/MX- B), and an amendment to the Zoning Code to remove the Subject Property from the Central Commerce Overlay District for the proposed new construction and related site improvements on the approximately 15-acre Subject Property; and WHEREAS, said Planning Commission Application No. 2022-004 also addresses a request to re-designate the Subject Property under the City's 2040 Comprehensive Plan future land use designation from "Transit-Oriented Development (TOD)," which the Subject Property is currently designated as,to"Business-Mixed Use(B-MU),"which guides for a mix of business,light industrial,and supporting retail/service uses, and is intended to create a more dynamic and connected experience for potential workers in these areas; and WHEREAS,this request is made in light of the fact that the Subject Property was still in operation as a department store and auto center when the 2040 Comprehensive Plan process was initiated, had been in continuous operation since around 1962, and upon closure of the aforementioned businesses, the City of Brooklyn Center was nearing completion of its RESOLUTION NO. 2022-76 Comprehensive Plan update with no clear direction on a potential re-use of the Subject Property,nor guidance in the form of a market study; and WHEREAS, given these uncertainties, the City of Brooklyn Center designated the Subject Property to its current TOD future land use designation provided its proximity to Bus Rapid Transit, and its ability to offer a broader mix of land use options; and WHEREAS, the Applicant conducted a market analysis for a feasible re-use of the Subject Property,held concept reviews with the City Council in May and November 2021,as well as a virtual community meeting to gauge interest in the potential re-development of the Subject Property to accommodate an office/warehouse(business park)use; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on June 23, 2022, whereby a planning report was presented and public testimony regarding the proposal were received, and notice of such public hearing was published in the official newspaper and mailed to the Applicant and adjacent property owners as required by the City and Minnesota State Statutes,and development proposal signage was installed on the Subject Property by the City; 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 15 (Platting), 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 draft provisions of the Business-Mixed Use (MX-B) District, as contemplated in the City's draft Zoning Code update and forthcoming Unified Development Ordinance, and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan,with exception to the requested amendment to the Comprehensive Plan to re- designate the Subject Property to move the project forward, and of which requires final determination by the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2022-004, submitted by Scannell Properties, LLC, and on behalf of Transformco,be approved based upon the findings of fact in the June 23, 2022, 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 Building Official as noted in the memorandum dated June 21, 2022, and 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 RESOLUTION NO. 2022-76 the City Council. b. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. c. The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met as part of any site plan approval. d. A fire sprinkler system is required to be installed and shall be maintained on a consistent basis per City Code requirements. e. A SAC Determination shall be submitted by the Applicant to the Metropolitan Council and any associated feeds paid at time of any permit issuance. f. The Applicant shall provide any final site and building plans to City staff for a CPTED review and make alterations as necessary prior to permit release. g. The submitted landscape plans shall be revised to meet City's minimum Landscape Point System policy requirements and an identified"office/industrial"use. h. The Applicant shall install irrigation systems where necessary to facilitate maintenance of site landscaping and green areas, and irrigation shop drawings shall be provided for review and approval prior to installation. i. The Applicant shall revise the submitted photometric plan to reflect minimum, maximum, and average foot-candles per fixture, and clearly identify all property lines. i. The Applicant shall work with the adjacent Shingle Creek Crossing property owner to ensure consistency in lighting and landscaping along the north drive between the Subject Property and Shingle Creek Crossing. ii. Photometric plans shall be revised as needed to incorporate additional pedestrian-level lighting for main building entrance points and sidewalk connections. j. 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. k. The Applicant shall submit a Sign Permit Application for any proposed signage and receive issuance of a permit prior to any installation. All signage shall conform to City requirements. 2. The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's review memorandum, dated June 17, 2022. 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. Any requirements as outlined in reviews conducted by Hennepin County, the Minnesota Department of Transportation (MnDOT), and the Watershed Commission. RESOLUTION NO.2022-76 3. Agreements: a. 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. i. No outdoor storage or display of materials, equipment, or products accessory and necessary to a principal and permitted use is permitted; ii. Warehousing and wholesaling shall not exceed 80-percent of the total floor area. The remaining 20-percent of the total floor area shall be non- warehouse uses, such as a combination of uses including, but not limited to: office, manufacturing, production, research and development, and lab and/or showroom; and iii. 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. 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. d. A Utility Facilities Easement Agreement is required for submittal to the City prior to issuance of any permits. e. A Construction Management Plan and Agreement and associated escrow are required for submittal prior to the City prior to issuance of any permits. f. The Applicant shall coordinate with adjacent property owners and the City to execute any cross access and parking agreements for the proposed site improvements. No building permits shall be issued until such determination is made and any agreements are recorded with Hennepin County. g. The Applicant shall work with the City for dedication of the proposed trail easement and provision of trail profile and plans. 4. Platting: a. Approval of the preliminary and final plat for NORTH 100 BUSINESS PARK ADDITION are contingent upon the addressing of comments by City Engineer Mike Albers in the memorandum dated June 17, 2022. i. A 10-foot drainage and utility easement shall be dedicated on the plat around the entire perimeter of the Subject Property and centered on other RESOLUTION NO.2022-76 lot lines. ii. All utilities and storm water management facilities to be located within said drainage and utility easement. iii. Additional dedication of a utility easement is requested on the plat for the private water main and sanitary to allow for maintenance access per the Utility Facilities Easement Agreement. b. Final plat and mylar shall be subject to the provisions of Chapter 15 of the City Code of Ordinances (Platting). c. Any final plat comments and/or requirements as provided by Hennepin County. d. Any final plat comments and/or requirements from the City Attorney's office, and specifically regarding an updated certified abstract of title. e. The successful recording of said plat(mylar //AteAugust 8, 2022 Date Mayor ATTEST: bAk,?iittu City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Graves and upon vote being taken thereon, the following voted in favor thereof: Butler, Elliott, Graves, Lawrence-Anderson, Ryan and the following voted against the same:None whereupon said resolution was declared duly passed and adopted.