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HomeMy WebLinkAbout2014-094 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-94 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-011 SUBMITTED BY FARMERS MARKET, LLC (IN CONJUNCTION WITH BCK ENTERPRISES, LLC) FOR A MINOR AMENDMENT TO THE MAXSUN/SUN FOODS PLANNED UNIT DEVELOPMENT(6300-6350 BROOKLYN BOULEVARD) WHEREAS, on May 23, 2011, the City Council of Brooklyn Center adopted Resolution No. 2011-80, which approved a new planned unit development to be titled "The MaxSun/Sun Foods Planned Unit Development(PUD), for the properties located at 6300 and 6350 Brooklyn Boulevard("Subject Property");and WHEREAS, the MaxSun/Sun Foods PUD was approved with a development plan and PUD agreement to allow certain allowances and development standards that would govern the Subject Property, and also included the establishment of a new PUD/C2 (Planned Unit Development/Commerce)District on the Subject Property;and WHEREAS Farmers Market LLC in conjunction with BCK Enterprises, LLC ("Owners") submitted for consideration Planning Application No. 2014-011, a Minor Amendment to the MaxSun/Sun Foods Planned Unit Development, by allowing certain changes to the previously approved PUD; and WHEREAS, the proposal comprehends additional adjustments not approved under the MaxSun/Sun Foods FUD and the related PUD Agreement, specifically the proposed minor amendment to be comprehended under this application includes the allowance to conduct a seasonal and temporary farmer's market on the Subject Property, with certain provisions and standards; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on June 25, 2014, whereby a planning report and public testimony regarding the Minor Amendment to the Planned Unit Development were received and considered by the Planning Commission; the Planning Commission considered the minor amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan;and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2014-011, submitted by Farmers Market, LLC, may be approved based upon the following considerations: A. The Minor Amendment to the MaxSun/Sun Foods Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. RESOLUTION NO. 2014-94 B. The Minor Amendment to the PUD proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. C. The utilization of the property as proposed under the Minor Amendment to the PUD is considered a reasonable use of the property and will conform to the ordinance standards, except for the overall parking requirements as provide under City Code Sect. 35-700 Off-Street Parking Requirements. However, the limitations and implementation of this farmer market on this site, and the reduction of parking on a temporary basis is justified and should have little, if any impact upon the parking needs and overall utilization and functionality of this commercial site. D. The Minor Amendment to the PUD to allow this farmers market use is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; and is supported by the City's Active Living Policies and Livable Communities Act. E. The Minor Amendment to the PUD proposal appears to be a good long range use of the existing land and this farmers market development can be considered an asset to the community. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2014-011 may be approved based on the acknowledgment that the guidelines for evaluating a Minor Amendment to an approved Planned Unit Development, as contained in Section 35-355 of the City's Zoning Ordinance have been met and the proposal is therefore, in the best interest of the community; and adopted Planning Commission Resolution No. 2014-12,which provides a favorable and unanimous recommendation to the City Council that the Minor Amendment to the MaxSun/Sun Foods Planned Unit Development be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2014-011, submitted by Farmers Market, LLC (in conjunction with BCK Enterprises, LLC) requesting approval of a Minor Amendment to the MaxSun/Sun Foods Planned Unit Development, is hereby approved, subject to the following conditions: 1. The farmers market can only be held within the northerly area of the parking area as illustrated on the plan labeled "MaxSun/Sun Foods Farmers Market Site Plan-2014." RESOLUTION NO. 2014-94 2. The Owners may conduct a farmers market from May 1 to October 31 of each calendar year, and only on days starting Friday morning at 7:00 AM and concluding Sunday afternoon by 5:00 PM. 3. No part of the farmers market area will encroach into the 24- parking space area reserved to Walgreen's. 4. The farmers market is to be used only for the display and sale of farm or garden grown produce, fruits, flowers, plants, herbs and similar plantings. No other displays or sale of materials, including household goods, lawn/garden equipment,or second-hand goods will be permitted. 5. No live music or entertainment, flashing or traveling lights, outdoor loud speakers, sound systems making announcements or playing of music will be allowed. Small radios o g may r similar listening devices be allowed in each farmer's booth, with sound limited to the enjoyment of the booth operators and customers only. 6. The Owners and operators of the farmers market must ensure all drive aisles are open for traffic and public safety vehicles and equipment; and the owner must ensure that parking areas butting up to the farmers market area are well protected or barricaded to prevent any vehicles from driving into the booths/tents or market area. 7. No part of the grassy boulevard area to the north of the market area (between the north drive-aisle and north lot line) will be used to park vehicles or trucks, or store and display products outside the designated farmer's market area. Produce boxes, equipment and other displays of product will be prohibited in the mall's parking lot, except the area inside the designated market space. 8. The farmer's market area must be swept; trash, boxes and refuse picked- up and removed daily; and the area kept neat and clean during and after operations of the market. 9. Outdoor cooking/grilling or serving of food products for sale and consumption by the general public will be prohibited, either inside or outside the farmers market area, unless the vendor or provider serving and preparing food has obtained a Hennepin County Health Department food server or handlers license, and provides evidence of such permit/license to the city. RESOLUTION NO. 2014-94 10. No temporary signs, banners, balloons, flashing lights or similar attention- attracting devices will be used or allowed along the Brooklyn Boulevard right-of-way or entrances into the subject site. Small identification signs or food product identifier signs may be allowed at each farmer's booth, but only on the inside of the market area. 11. Any violations of these conditions or agreement allowing this farmers market under this PUD Amendment, including neighbor complaints, unruly or excessive noises,police calls or public disturbances registered to this site and attributed to this farmers market activity, may result in the City revoking this farmers market activity at any time. July 14, 2014 W. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kris Lawrence-Anderson and upon vote being taken thereon,the following voted in favor thereof. Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.