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HomeMy WebLinkAbout2015-10 PCR Commissioner MacMillan introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2015-10 SOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-009 SUBMITTED BY BUHL INVESTORS FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 2) TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998 (LOCATED 6330 CAMDEN AVENUE NORTH) WHEREAS, on July 27, 1998, the City Council of Brooklyn Center adopted Resolution No. 98-133, which approved and accepted the Regal Road Development Addition Planned Unit Development (PUD) of 1998, which comprehended the rezoning approval of 16.76 acre area of land bounded on the north by 66th Avenue, TH252 on the east, Interstate 694 to the south, and Camden Avenue to the west, from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) District; and WHEREAS, the PUD proposal comprehended the development of a new site and building plan approval of an 85,240 sq. ft., 4,592 seat, 20 screen theater on 13.09 acres of the rezoned subject PUD site, along with the creation of two future development pad sites consisting of 88,186 sq. ft. (Pad Site No. 2 —to the north) and 71,693 sq. ft. (Pad Site No. 3 —to the south), respectively, for future commercial development, with each pad site identified as potential restaurant uses; and WHEREAS, on September 28, 1998, the City Council approved Planning Application No. 98-19, which comprehended the First Amendment to the approved Regal Road Development Addition Planned Unit Development, which would provide alternative storm water detention in the event the original designed and proposed storm systems were not accepted by the local watershed, which in any event led to watershed approvals and the need for these storm water alternatives were not necessary; and WHEREAS, Buhl Investors (the "Developer") on behalf of Crown Brawley, LLC (the "Owners") have submitted Planning Application No. 2015-009, which is considered the Second Amendment to the Regal Road Development Addition Planned Unit Development of 1998, by allowing certain changes to the approved PUD for this development area; and WHEREAS, Planning Application 2015-009 presents an official request by the Developer to allow a specific commercial use not identified under City Zoning Code Section 35- 322, C2 (Commerce) District standards, and allow the development of Pad Site No. 3 under the original Regal Road Development Addition PUD, with a new 4-story, 80,000 sq. ft. commercial self-storage facility at this location; and allow for reduced setbacks and parking spaces for this commercial use; and WHEREAS, on October 29, 2015, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the Amendment to this PC RESOLUTION NO. 2015-10 Planned Unit Development were received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development 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; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2015- 009, submitted by Buhl Investors, may be approved based upon the following considerations: a) The allowance of this non-specified commercial use in this underlying C2 (Commerce) District will help promote and enhance the general welfare of this overall PUD, as it maintains and keeps the redevelopment of this site active and ongoing; and reflects a reasonable need or benefit to the PUD Site as requested by the Developer, b) The allowance of the reduced setbacks from the front and rear yards will not be detrimental to the adjacent uses; nor pose any threats or danger to the general public, public safety personnel and vehicles; nor injurious to the use and enjoyment of other uses in this PUD; nor impedes the normal orderly development and proposed improvements of this overall PUD; C) This development site and overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. d) The development plans of this Brooklyn Center Storage facility appears to be a reasonable and effective means of adding additional commercial tax base to the community; and will be a good fit to the overall Regal Road Development Planned Unit Development project area, and is supported and approved by the Planning Commission. e) City will require execution of a restrictive covenant limiting future use of the subject property to only the proposed commercial self-storage use, which will also provide for allowances for the building encroachments and reduced parking arrangement to continue or be approved. Should this approved commercial storage use increase or change over to a different commercial use(s), the Developer/Owners of this site will need to make proper arrangements have all changes approved by the City. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2015-009, submitted by Buhl Investors, may be approved based on the belief that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35-355 of the City's Zoning PC RESOLUTION NO, 2015-10 Ordinance have been met, and the proposal is, therefore, in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission for the City of Brooklyn Center, Minnesota, that Planning Application No. 2015-009 submitted by Buhl Investors, requesting approval of a 2nd Amendment to the Regal Road Development Addition Planned Unit Development of 1998, may be approved subject to the following conditions: 1) Developer is allowed to develop this Pad Site No. 3, identified under the original Regal Road (Regal Theatre) Addition Planned Unit Development of 1998, with a new 4 story, 80,000 sf. commercial self-storage building, with reduced setbacks as shown on the approved Site/Development Plan for the subject site. 2) The commercial self-storage site shall not allow outdoor storage of vehicles, recreational vehicles (all forms), boats and/or trailers, miscellaneous equipment and other personal property items. 3) Developer is granted a reduction to the amount of parking normally required on this commercial site, due to the acceptable limited nature of this self-storage use, and the lower levels of expected (estimated) vehicle traffic and trip generations to and from the subject site, as accepted by city staff. 4) City will require execution of a restrictive covenant limiting future use of the subject property to only this commercial self-storage use, which will allow the reduced parking arrangement to be approved for the subject site. Should this approved use increase or change over, the Developer/Owners of this site will need to make proper arrangements and must have all changes approved by the City. 5) The commercial development plan submitted for approval under Planning Application No. 2015-010 (pursuant to City Zoning Code Section 3)5-230), shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. PC RESOLUTION NO. 2015-10 6) If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD area, the City Council reserves the right to recall or cancel this development plan proposed for the subject property. 7) Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 8) After approval of the development plan and the plan approval required by Section 35-230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. 9) Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the Regal Road Development Planned Unit Development of 1998, and any subsequent amendments, shall remain in effect. October 29, 2015 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Schonning; and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Koenig, Tade, Morgan, Sweeney, Schonning and MacMillan; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted.