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HomeMy WebLinkAbout2025-029 CCRMember Moore introduced the following resolution and moved its adoption: RESOLUTION NO.2025-029 RESOLUTION REGARDING THE RECOMMENDED APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2025-001 FOR AN APPROXIMATELY 8,910-SQUARE FOOT EXPANSION OF CAPI' S IMNIIGRANT OPPORTUNITY CENTER, PRELIMINARY AND FINAL PLAT FOR CAPI USA ADDITION, AND ASSOCIATED VARIANCES (5930 AND 5950 BROOKLYN BOULEVARD) WHEREAS, Planning Commission Application No. 2025-001, submitted by CAPI USA ("the Applicant") requests review and consideration of an application requesting site and building plan approval for an approximately 8,910-square foot expansion of the existing approximately 10,688-square foot office building for an approximately 19,598-square foot building; and WHEREAS, Section 35-7605 (Amendments) of the City Code stipulates that a major amendment to an approved site and building plan is triggered in situations where there is a 25-percent (%) or greater change to the floor area of any one structure, and the proposal, as contemplated under the submitted application, exceeds this threshold; and WHEREAS, the proposed building expansion will exceed the maximum allowable size of an individual non-residential use in the MX-N2 (Neighborhood Mixed -Use) District where the Subject Property is located; and WHEREAS, the Applicant and Property Owner requested an amendment to Chapter 35 of the City Code of Ordinances to amend the language outlined under Sections 35-2302 (MX-N2 — Neighborhood Mixed -Use) and 35-5100 (Dimensional Standards Summary) to place maximum individual size restrictions on retail uses rather than all non-residential uses; and WHEREAS, following a review by City staff, and in an effort to remain consistent, the proposed language in the Ordinance would also amend the maximum size of an individual non- residential use to the maximum size of an individual retail use in the MX-NI (Neighborhood Mixed - Use) District; and WHEREAS, the proposed building expansion will encroach into the adjacent parcel to the north, addressed as 5950 Brooklyn Boulevard, which is also owned by the Applicant; and WHEREAS, Section 35-8105 (Combination of Land Parcels) outlines that parcels of land shall be combined into a single parcel through platting or registered land survey in instances where multiple parcels of land, which are contiguous, adjacent, and under common ownership, are proposed to serve a single development use; and WHEREAS, in accordance with this requirement, the Applicant submitted preliminary and final plat documents for CAPI USA ADDITION, which will consolidate three RESOLUTION NO. 2025-029 parcels into one parcel, and require the vacation of certain drainage and utility easements, and dedication of certain right-of-way to meet requirements provided for under Chapter 35 of the City Code of Ordinances regarding maximum build -to setbacks in the MX-N2 (Neighborhood Mixed- Use) District; and WHEREAS, given circumstances unique to the Subject Property, including a triple frontage lot, an existing building situated at the southern extent of the Subject Property, the consolidation of land to an approximately 1.62-acre lot, and site constraints, including but not limited to existing drainage and utility easements and public sidewalk running along Brooklyn Boulevard, the Applicant requires variances from Sections 35-2302 (MX-N2 — Neighborhood Mixed Use) and 35-5100 (Dimensional Standards Summary), which require a minimum -maximum setback for secondary frontages of between 5 and 20 feet, and the Applicant requests an approximately 100-foot variance; and WHEREAS, the Applicant further requests a variance from a requirement where at least 50 percent of the first floor of the front facade of each primary building shall be located not more than 10 feet from the front lot line, and the Applicant requires an approximately 6-foot variance from this maximum setback due to existing easements and sidewalk; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on February 13, 2025, whereby a planning staff report was presented and public testimony regarding Planning Commission Application No. 2025-001 were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the major amendment to the site and building plan, preliminary and final plat, ordinance amendment, and variance requests in light of all testimony received, the guidelines and standards for evaluating the requested major amendment to the site and building plan under Section 35-7604 (Site and Building Plan Approval Criteria), preliminary and final plat under Section 35-8000 (Subdivisions and Planned Unit Developments), ordinance amendment under Section 35-71304 (Amendment Criteria), and variances contained in Section 35-7100 (Variance) of the City's Unified Development Ordinance, the City's 2040 Comprehensive Plan, as well as information provided by the Applicant with respect to the proposed use's operations, and the request generally satisfies the criteria as outlined within the above Sections; and WHEREAS, the City Council of the City of Brooklyn Center, Minnesota finds as follows regarding Planning Commission Application No. 2025-001, as submitted by CAPI USA: a) The proposed building expansion and site improvements fully comply with all applicable requirements of the City's Unified Development Ordinance, with exception of the requested ordinance amendment to allow for the building expansion and maximum build -to setback variances; b) The proposed building expansion and site improvements adequately protect RESOLUTION NO.2025-029 residential uses from the potential adverse effects of a non-residential use; c) It is consistent with the use and character of surrounding properties along Brooklyn Boulevard; d) It provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways; and WHEREAS, pursuant to Minnesota Statutes Section 462.357, subdivision 6, the City Council further finds as follows: a) The requested variances are in harmony with the general purposes and intent of the City's Unified Development Ordinance; b) The variances are consistent with the City's 2040 Comprehensive Plan; c) The Applicant proposes to use the Subject Property in a reasonable manner not permitted by the City's Unified Development Ordinance; d) The plight of the Applicant is due to circumstances unique to the Subject Property and not created by the landowner; and e) The variances would not alter the essential character of the locality in which the Subject Property is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that it hereby approves Planning Commission Application No. 2025- 001 for the requested major amendment to the site and building plan, preliminary and final plat for CAPI USA Addition, and certain variances to the front and secondary build -to setbacks that would allow for the approximately 8,910-square foot expansion of the CAPI Immigrant Opportunity Center and related site improvements at the Subject Property addressed as 5930 and 5950 Brooklyn Boulevard, conditioned on compliance with all of the following: 1. Any major changes or modifications to this site and building plan, and as outlined within the City Code, can only be made by an amendment to the approved site and building plan and approval by City Council. 2. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3. The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met as part of any site and building plan approval and any proposed modifications. a. A fire sprinkler and monitoring system is required to be installed and shall be maintained on a consistent basis per City Code requirements. 4. A SAC determination shall be submitted by the Applicant to the Metropolitan Council and any associated fees paid at time of any building permit issuance. 5. An application to and approval from the Hennepin County Health Department or any other required agencies for the expanded food shelf and kitchen areas. 6. The Applicant shall revise the submitted photometric plan to provide a sitewide lighting plan for the existing and proposed building, parking lot, and landscaped areas, and with lighting in compliance with Section 35-5400 (Exterior Lighting). RESOLUTION NO. 2025-029 7. The Applicant shall comply with Section 35-5600 (Landscaping, Screening, and Fences) and revise provided landscape plan as necessary to identify any preserved plantings, and ensure planting locations are not within identified utility easements or over utility lines. a. The Applicant shall ensure an irrigation system is in place or install a new system where necessary to facilitate maintenance of site landscaping and green areas, and an irrigation shop drawing shall be provided for review and approval prior to installation. 8. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and a detail sheet provided. 9. The Applicant shall comply with all conditions or provisions noted in the Principal Engineer's review memorandum, dated February 7, 2025. 10. The Applicant shall submit a sign permit application for any proposed signage (e.g. wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall conform to Section 35-6000 (Signs) of the City Code. 11. Platting: a. Approval of the preliminary and final plat for CAPI USA ADDITION are contingent upon the addressing of comments provided in a memorandum dated February 7, 2025, and the following additional revisions: i. Clearly denote area intended for right-of-way dedication and new property lines; ii. Any new or existing utility lines to be noted on preliminary plat per Section 35-8106.b.2; and iii. Updating of zoning information on preliminary plat to reflect the MX-N2 District. b. Final plat and mylar shall be subject to the provisions of Chapter 35 of the City Code of Ordinances. c. Addressing of final plat comments and/or requirements as provided by Hennepin County and the City Engineer with respect to right-of-way/easement dedication on the plat. d. Addressing of final plat comments and/or requirements from the City Attorney's office, and specifically regarding an updated certified abstract of title. e. Vacation of existing drainage and utility easement. L The successful recording of said plat (mylar) with Hennepin County in advance of building permit issuance. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City Council's approval of the preliminary and final plat for CAPI USA ADDITION, site and building plan, and associated variances shall be conditioned upon the adoption of Ordinance No. 2025-06, An Ordinance Amending Sections 35-2301, 35-2302, and 35-5100 of the City Code of Ordinances Regarding the Maximum Size of an Individual Non -Residential Use in the Neighborhood Mixed -Use Districts to place maximum individual size restrictions on retail uses rather than all non-residential uses. Said approvals shall be effective on April 19, 2025 or 30 days of the date RESOLUTION NO.2025-029 of publication of the adopted Ordinance, whichever occurs later. FebruarX 24, 2025 lv % , �ii'-a k�'1 Date Mayor Pro Tern j ATTEST:frf� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member: Lawrence -Anderson and upon vote being taken thereon, the following voted in favor thereof: Jerzak, Kragness, Lawrence -Anderson, Moore and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.