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HomeMy WebLinkAbout2017-100 CCRMember April Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2017-100 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-003 SUBMITTED BY TOPGOLF USA BROOKLYN CENTER, LLC. FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 3) TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998 (LOCATED 6330 AND 6420 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 included an alternate storm water management system including a ponding area and a reduction in the lot size of Pad Site No.3 from 2.02 acres to 0.96 acres, in the event the original designed storm systems were not accepted by the local watershed; and . WHEREAS, on February 27, 2006, the City Council adopted Resolution No. 2006-25 approving a PUD amendment and site plan approval to allow the construction of a 10,000 sf. multi -tenant building on Pad Site 3; and WHEREAS, on November 9, 2015, the City Council approved a PUD amendment relating to the development of Pad Site 2 for a 4 story 80,000 sf. commercial self -storage facility; however, the PUD agreement was not revised or amended when the developer decided not to proceed with the project; and WHEREAS, the recorded Declaration of Covenants and Restrictions for the Regal Road Development (PUD Agreement) restricts the use of Lot 1, Block 1 (Pad Site No. 1) for only a twenty screen movie theater of approximately 85,240 sf. with approximately 4592 seats; unless the owner first secures approval by City Council of an amendment to the planned unit RESOLUTION NO. 2017-100 development plan or a rezoning to a classification which permits such other development and use and allows the owners of Lots 2 and 3 (Pad Sites No. 2 & 3) to apply for an amendment to the planned unit development for said lots to allow another use which is compatible with surrounding and nearby properties; consistent with the City's comprehensive plan; and in the interests of public health, safety and welfare; and WHEREAS, TOPGOLF USA Brooklyn Center, LLC have submitted Planning Application No. 201-003, which is considered the Third 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 2017-003 presents an official request to allow a specific commercial use not identified under City Zoning Code Section 35-322, C2 (Commerce) District standards under the original Regal Road Development Addition PUD, to facilitate the redevelopment of Pad Site No. 1 and its consolidation with Pad Site No. 2 for the Topgolf commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets; and WHEREAS, on June 15, 2017, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony 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 confirmed that Planning Application No. 2017-003, submitted by TOPGOLF USA Brooklyn Center was consistent with the finding and consideration which supported the 1998 PUD rezoning and may be approved based upon the following additional considerations: a) This regional commercial recreational ztse will continue to promote and enhance the identify and location of Brooklyn Center and keeps the redevelopment of this site active and ongoing; b) This development site and overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. c) The development plans by Topgolf appears to be a reasonable and effective means of adding additional commercial tax base to the community; and will be a good fit overall Regal Road Development Planned Unit Development project area, and is supported and approved by the Planning Commission. RESOLUTION NO. 2017-100 d) City will require an amended declaration of covenants and restrictions for this commercial PUD that will include the interim use of the northern parking area as Metropolitan Transit Park and Ride site and address the fixture use / redevelopment of this Outlot to complement the Hwy 252 freeway conversion improvements. WHEREAS, the Planning Commission unanimous approved the adoption of Resolution No. 2017-005 recommending approval of a 3rd Amendment to the Regal Road Development Addition Planned Unit Development based on the belief that the guidelines for evaluating Planned Unit Development Amendment o f 19 9 8 w i t h c e r t a i n c o n d i t i o n s. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Brooklyn Center, Minnesota, that Planning Application No. 201-003 submitted by TOPGOLF USA Brooklyn Center, LLC. requesting approval of a 3rd 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. 1 and 3, as identified under the original Regal Road (Regal Theatre) Planned Unit Development of 1998, to allow the demolition of the existing 85,240 s£ Regal Theater and the redevelopment of a commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets. 2) Developer is allowed to consolidate Pad Sites No. 1 and 3 into a new plat to create a lot for the Topgolf Facility and a 1.62 acre commercial outlot for the interim use as a park and ride site. 3) City will require execution of an amended PUD agreement/Declaration of Easements and Covenants consistent with the approved site development plans submitted by Topgolf, USA Brooklyn Center LLC. 4) The commercial development plan submitted for approval under Planning Application No. 2017-004 (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. 5) 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 RESOLUTION NO. 2017-100 this development plan proposed for the subject property. 6) 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. 7) 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. 8) 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. June 26 2017 d Date JA4aor Pro tem ATTEST: �" *111V�_ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Marquita Butler and upon vote being taken thereon, the following voted in favor thereof: Dan Ryan, Marquita Butler, April Graves, Kris Lawrence -Anderson and the following voted against the same: whereupon said resolution was declared duly passed and adopted.