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HomeMy WebLinkAbout2015-169 CCR Member April Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2015-169 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-009 AND 2015-010, SUBMITTED BY BUHL INVESTORS, REQUESTING APPROVAL OF A PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 2) TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998, ALONG WITH APPROVAL OF SITE AND BUILDING (DEVELOPMENT) PLAN OF PROPOSED BROOKLYN CENTER COMMERCIAL STORAGE BUILDING(LOCATED AT 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") 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 RESOLUTION NO. 2015- 169 WHEREAS, Planning Commission Application No. 2015-010, was also submitted by Buhl Investors, and on behalf of Crown Brawley, LLC, requesting approval of a new Site and Building Plan of a proposed 4 story, 80,000 sf. commercial self-storage facility, titled the "Brooklyn Center Self-Storage" facility, for the subject property located at 6330 Camden Avenue North; and WHEREAS, this proposed Site and Building Plan comprehended under Planning Application No. 2015-010 shall serve as the new Development Plan in conjunction with the ro osed Second Amendment to the Regal Road Development ment Addition Planned Unit p g p Development of 1998, noted and described herein, and WHEREAS on October29 2015 the he Planning Y Commission held a duly called public hearing, whereby a stafftestimony regarding the Amendment to this 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 en Jo ment of other uses in this PUD; nor impedes the normal Y � p orderly development and proposed improvements of this overall PUD; C) This development site and overall PUD site will have adequate measures p q 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. RESOLUTION NO. 2015- 169 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 Ordinance have been met, and the proposal is,therefore, in the best interest of the community. AND WHEREAS, on October 29, 2015, the Planning Commission simultaneously heard under the same public hearing for the PUD Amendment noted herein, and reviewed and received a planning report on the proposed new Site and Building (Development) Plans for the proposed Brooklyn Center Self-Storage facility development, and other related improvements in conjunction with this specific development within the established PUD area; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval) of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan,the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission finds that the Site and Building plans for this Brooklyn Center Self-Storage facility is consistent with the general Development Plans of the original Regal Road Development Addition Planned Unit Development of 1998. AND WHEREAS, upon acceptance of all public comments and discussion of these two related Planning Application items,the Planning Commission adopted separate Resolution No. 2015-10 and 2015-11, both of which provides favorable and unanimous recommendations to the City Council that PUD Amendment comprehended under Planning Application No. 2015-009, by allowing certain changes to the approved PUD for this development area; and the Site and Building (Development) Plan of the proposed Brooklyn Center Self-Storage facility, as comprehended under Planning Application No. 2015-010, may be approved with certain conditions. RESOLUTION NO. 2015- 169 , NOW, THEREFORE, BE IT RESOLVED by the City Council 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, is hereby 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 g Developer is ranted a reduction to the amount of parking normally P 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 35-230), 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. 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 RESOLUTION NO. 2015- 169 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. AND BE IT FURTHER RESOLVED, by the City Council for the City of Brooklyn Center, Minnesota, that the Site and Building (Development) Plan of the proposed 4- story, 80,000 sq. ft. commercial storage Brooklyn Center Self-Storage facility, as comprehended under Planning Application No. 2015-010,is hereby approved subject to the following conditions: 1) Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 22, 2015. 2) Final drainage and utility plans and specifications need to be received and approved by the City Engineer. 3) Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. A Storm water Pollution Prevention Plan(SWPPP)must be provided for review and approval. 4) The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5) All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. RESOLUTION NO. 2015- 169 6) Site Plan approval is exclusive of all signs scheduled to be installed on this site, including new wall (building) signs. New signs are subject to Chapter 34 of the City Code of Ordinances and shall be approved under separate sign permits. 7) Any major changes or modifications made to this Site and Building Plan can only be made by amendment to the approved Site and Building Plan as approved by the City. 8) Developer must submit an as-built survey of the property, improvements and utility service lines and structures; and provide certified record drawings of all project plan sheets depicting any associated private and/or P p J public improvements, revisions and adjustments prior to issuance of the certificate of occupancy. The as-built survey must verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. November 9, 2015 Date Mayor ATTEST: Lo City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, April Graves, Kris Lawrence-Anderson, Lin Myszkowski, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted.