HomeMy WebLinkAbout2017 08-31 PCPCin of
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CENTER
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
August 31, 2017
1. Call to Order: 7:00 PM
2. Roll Call
3. APPROVAL OF AGENDA
Motion to Approve Planning Commission Meeting Agenda for August 31, 2017
4. Approval of Minutes
Motion to approve the meeting minutes of August 17, 2017
5. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's ficnctions is to hold
public hearings. In the matters concerned in these hearings, the Commission makes
recommendations to the City Council. The City Council makes all final decisions in these
matters.
6. Planning Items
a) Planning Application No. 2017-008, a request by Mike Seery, on behalf
of SP Brooklyn Center, LLC
Property Address: 615 66th Avenue North
This PUD Amendment is for the expressed purpose of amending the original Planned Unit
Development of the Regal Theater Development Plans of 1998 by removing from the list of
restricted or prohibited uses the following: "fast food restaurants", "convenience food
restaurant" and "convenience store". The amendment will allow the present business uses in
this multi -tenant commercial building to comply with the provision.
Requested Planning Commission Action;
• Direct Staff to present Planning Report
• Motion to Open Public Hearing; take public input
• Commission discuss requested item with City Staff and Applicant
• Motion to adopt Planning Commission Resolutions No. 2017-
7. Discussion Items
a) Humboldt Shopping Center and Current Sign Regulations
8. Other Business
a) September 15th Local Comprehensive Planning Forum, Roseville Skating Center
9. Adjournment
MrCITY OF
BROOKLYN CENTER
A GREAT PLACE TO START, A GREAT PLACE TO STAY
MEMORANDUM
TO: Chair Randy Christensen and City Planning Commissioners
FROM: Gary Eitel, Director of Business and Development
Angel Smith, Interim Planning Specialist
DATE: August 25, 2017
RE: August 31, 2017 Planning Commission Agenda
Item 4. Planning Commission Minutes:
A copy of the draft minutes will be emailed to you next week.
www,cityofbrooklyncenter.org
Item 6 Public Hearing on an Amendment to the Regal Shops — Regal Road
Development PUD.
Attached is the staff memo and background information on the previous PUD
actions and the 2006 Site & Building Plan Approval.
I have discussed this zoning issue with the City Attorney and anticipate having a
recommendation (Resolution and PUD revision) available at the meeting.
Item 7 DISCUSSION ITEMS:
A brief review of the Humboldt Shopping Center and current sign regulations
Item 8 OTHER BUSINESS:
September 15th Local Comprehensive Planning Forum
- See attached agenda
AMTr Acaaemy
mefroPCS
Maytag Laundromat
African Foods
Humboldt Barber
i
House of Hui's
—1 Hander On Barber
Metro Cities Forum: Local Comprehensive Plans
Friday, September 15, 2017
8:00 am to 12:00 noon
Roseville Skating Center, Rose Room, 2661 Civic Center
Drive, Roseville
AGENDA
8:00-9:30 am: Foundations of Comprehensive Planning
Presentation by Metropolitan Council staff Regional and Local
Nexits, Frequently Asked Questions, Tools & Resources for
Local Officials, New Requirements for 2018 Plans
9:30-9:45 am BREAK (Light refreshments)
9:45 — 11:00 am Case Studies: Presentation and discussion with city officials
from Brooklyn Park, Burnsville, Saint Louis Park, Shoreview
Local approaches to comprehensive planning, visioning, and
community engagement.
1 1:00 — 11:45 am Breakout Sessions by Community Designation (urban core,
suburban, rural, etc.)
Facilitated Q/A; sharing of experiences and approaches,
addressing opportunities and challenges, .
11:45 — noon Reports from Breakout Sessions/Closing Comments
Please RSVP with Sarah Fredericks at 651-215-4000, or at
sarah@metrocitiesmn.org. Questions? Call 651-215-4000.
Sincerely,
Your Metro Cities Staff
Citro/
LtXOOKL7 IV
CEA'7ER
Planning Commission Deport
Meeting ]Date: August 31, 2017 • Application Filed: 07/26/17
• Application Deemed Complete: 07/28/17
• Review Period (60 -day) Deadline: 09/27/17
• Extended Review Period Deadline: N/A
Application No. 2017-008
Applicant: Mike Seery, on behalf of SP Brooklyn Center, LLC
Location: 615 66th Avenue North
Request: Planned Unit Development Amendment (No. 4) to the Regal Road Development
Addition Planned Unit Development of 1998
INTRODUCTION
SP Brooklyn Center, LLC is requesting a Planned Unit Development (PUD) Amendment to the
previously approved Regal Road (Regal Theatre) Development Addition PUD development
plans. This 4th amendment addresses the business use restriction of the Regal Road Development
PUD and the site plan approval of Pad Site 3, as approved by the City Council on February 27,
2006 with the adoption of Resolution No. 2006-25.
BRIEF STATEMENT OR INTENT OF APPLICATION:
This PUD Amendment is for the expressed purpose of amending the original Planned Unit
Development of the Regal Theater Development Plans of 1998 by removing from the list of
restricted or prohibited uses the following: "fast food restaurants", "convenience food restaurant"
and "convenience store". The amendment will allow the present business uses in this multi -
tenant commercial building to comply with the provision.
This matter is being presented as a public hearing item; and notices have been mailed to all
surrounding property owners within 350 -feet of the affected site.
COMPREHENSIVE PIAN AND ZONING STANDARDS
Land Use Plan: RB — Retail Business
Current Zoning: PUD/C2 (Planned Unit Development/Commerce)
Surrounding Zoning: North: R-3 Residential (Riverwood Townhome Association) and
C2 (Dental Office and Holiday Gas -Convenience)
East: C2 (Super America Gas - Convenience)
South: C2/PUD Regal Theater (future site of Top Golf)
West: R-5 Multiple Family Residence — Melrose Gates
Neighborhood.- Firehouse
Site Area: 0.96 acres
Setback Standards: Building: Front Yard (corner lot) = 35ft.
Side Yard (Interior) =10 ft.; and Corner Side -Yard = 25 -ft.
Parking: 15 -ft. from any street right-of-way line.
Conformity to:
Land Use Plan: Yes
Zoning Ord.: Yes — subject toPUD
the adoption Amendment mlution 2006 0251an approval
granted withp
Subdivision Ord.: Yes
Sign Ord.: Yes — site plan illustrates signage consistent with the C-2 standards
Variance Needed for Request: N/A (previous site plan approval - Res. No. 2006-025)
BACKGROUND
The subject site is currently zoned PUD/C2 (Planned Unit Development/Commerce). The
original Regal Road Development PUD plan was approved on July 27, 1998; and the new zoning
for this area, from C2 (Commerce) to PUD/C2, was approved by Ordinance No. 98-10, adopted
September 14, 1998.
The 1998 PUD provides an approved development plan of three parcels:
Pad Site No. 1 a 13.09 acre lot for the proposed Regal Theatre, an 85,250 sq. ft., 20 -screen movie
theatre with 4,592 seats and 1,148 parking stalls.
Pad Sites No. 2 and 3 have lot areas of 1.65 and 2.02 respectively and were identified as future
"restaurant uses". Pad Site 3, was reconfigured to 0.96 acres to facilitate surface ponding and
theater parking with the Final Plat of Regal Road Addition.
Resolution 98-133, adopted by the City Council on July 27, 1998 provided for the disposition of
the Planning Commission Application No. 98015 Submitted by Centres Group Brooklyn Center,
LTD. Attached is a copy of the resolution, condition no. 16 prohibited the following uses:
The applicant has agreed and the City acknowledges that it will not allow the
development of "pad site 2" and "pad site 3" as a fast food/convenience food restaurant, a
gasoline service station/convenience store, car wash, pawn shop, or check cashing
operation and the development agreement will acknowledge this restriction or limitation
on the future use of the property.
On April 30, 1999, the Declaration of Covenants and Restrictions for this PUD was recorded
with Hennepin County. This PUD agreement identified the following option for future
amendment and restricted uses:
Owners of Lots 2 and 3, Block 1, Regal Road Development Addition may apply for
amendment of the planned unit development for said lots to allow another use which is
compatible with surrounding and nearby properties and consistent with the City's
Comprehensive Plan and the public health, safety, and welfare; provided, however, that said lots
may not be developed or used as a fast food or convenience food restaurant, gasoline service
station, convenience store, car wash, pawn shop, or check cashing operation.
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. The planning review on this application included the following:
- The site plan included an architectural elevation illustrating 7 tenant bays, one which was
specifically identified as a coffee shop with a drive up window that had less than 40 seats.
- The parking analysis applied the parking criteria that allows 15% of a multi -tenant
commercial building to meet the standard commercial ratio of 5.5 per 1,000 sf. and
referenced that 9 additional parking stalls were being developed.
- The site review referenced the restriction of fast food / convenience restaurants to R-1, R-
2, R-3 zoned property, and that a R-3 District was on the opposite side of the 66th Ave.
North.
- The staff memorandum referenced the purpose and intent of the PUD district, noting that
regulations governing uses and structures may be modified by conditions ultimately
imposed by the City Council on the development plans.
- Additionally, the memorandum indicated that the amendment was in keeping with the
findings and considerations associated with the original PUD approval; that the
amendment was considered consistent and compatible with -the surrounding uses in the
area, and that no modifications from the underlying zoning requirements were being
sought.
- The findings that the proposed application for PUD amendment and Site & Building Plan
approval appears to be a good use of the property in the context of overall development in
this area and will be a good long range use and can be considered in the best interest of
the community.
Condition # 14 reaffirmed the restricted uses:
• No part of the property being considered for development under this proposal shall at
any time be used as a fast food/convenience food restaurant, a gasoline service
station/convenience store, car wash, pawn shop, or check cashing operation and the
development agreement will acknowledge this restriction or limitation on the future
use of the property.
Attached is a copy of the Amendment to Declaration of Covenants and Restrictions (PUD
amendment) which was recorded with Hennepin County on August 10, 2006 included a copy of
Resolution 2006-25 and the site plan exhibits. The PUD amendment included Condition # 3:
• The use of the Subject property shall conform to the zoning regulations of the City of
Brooklyn Center applicable to the C-2 District; provided, however, that no part of the
Subject Property may be developed or used for a fast food restaurant, convenience
food restaurants, gasoline service station, gasoline station/convenience store, car
wash, pawn ship, or checking cashing operation.
Business Uses with the Reeal Retail Center
It is my understanding that the initial business uses that occupied this multi -tenant commercial
building were anchored by Starbuck's Coffee Shop on the east end which included a drive up
window and Jimmy John's Sandwich shop on the west end. Within the central portion was
Regal Foods, a convenience food store.
It is staff s opinion that the Planning report prepared for the site plan and PUD amendment (use
other than a restaurant) recognized these potential businesses as an appropriate use within the
PUD and compatible with adjacent properties.
Additionally, the Planning report describes the restricted uses different than the declaration of
covenants and referenced the definition for convenience food restaurant an operation of 40 -or
more seats, with comment on operations with less than 40 seats or any interpretation of fast food
restaurants.
While it is not clear on the rationale of maintaining a condition on these restrictive restaurant
uses in the 2006 planning recommendation and resolution; I believe it was the intent of the site
plan approval to allow these types of business allowed in the underlying C-2 District to occur
within this multi -tenant retail building.
I also understand that the rezoning process and preparation of the Declaration of Covenants and
Restrictions is prepared by the City Attorney's office which would account for the difference in
the wordings and punctuations in the restrictive language.
The Starbuck's Coffee shop is now Checkers Restaurant and Jimmy Johns sandwich shop is now
Pappy's restaurant and the Regal Foods is a small neighborhood convenience store.
The corrective zoning action to address the 2006 PUD amendment which approved the site and
building plans would be to amend the PUD by removing from the list of restricted or prohibited
uses the following: "fast food restaurants", "convenience food restaurant", and "convenience
store".
Recommendation:
I will be working with the City Attorney on the language to process this PUD amendment for
City Council's consideration.
I plan to have a resolution for your consideration at the meeting.
ell
ell
9
IISCOUNT TOBACCO -
NAILS
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-AFRICAN FOODS
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ROBERT M. MCCLAY
BRIAN D. ALTON *
*Also Licensed in Wisconsin
M :CLAY • ALTON, P.L.L.P
ATTORNEYS
July 26, 2017
HAND DELIVERED
City of Brooklyn Center
Department of Business & Development
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
RE: 61566 th Avenue North
Dear Madam or Sir:
951 GRAND AVENUE
ST. PAUL, MN 55105
FAX: 651-290-2502
651-290-0301
On behalf of SP Brooklyn Center, LLC, please find enclosed a Planning Application for
minor amendment to PUD to clarify restrictions related to use of the above referenced
property, along with attachment. Also enclosed please find a check in the amount of
$200.00 for the filing fee.
Please contact me if you need anything further to process this Application. Thank you.
Very truly yours,
YA' . Iton
brianCa�mcclay-alton.com
BDA:mm
Enc.
cc: Mike Seery, SP Brooklyn Center, LLC
www.mcclayalton.com
ATTACHMENT TO PLANNING APPLICATION
Applicant: SP BROOKLYN CENTER, LLC
Property address: 615 66TH AVE NORTH
INTRODUCTION:
This PUD Amendment is for the purpose of making a minor amendment to the Planned Unit
Development of SP Brooklyn Center, LLC to clarify the commercial uses that are permitted. The
property owner is not planning on any changes to the property or the existing uses. The
property is part of the PUD which includes the new Top Golf re -development of the Regal
Theaters site.
If amended, the PUD will allow the present uses of the property to continue.
BACKGROUND:
The Property is currently zoned PUD/C2 (Planned Unit Development/ Commerce).
Council Resolution No. 2006-25 (dated Feb. 27, 2006) approved a PUD amendment application
by SP Brooklyn Center, LLC for a 10,000 s.f. multi tenant retail building at the Southeast corner
of 66th and Camden Ave. North (pad site 2).
Condition 14 of the Resolution provided that: "No part of the property... shall at any time be used
as a fast food/convenience food restaurant, a gasoline service station/convenience store, car
wash, pawn shop or check cashing operation..."
Two of the original tenants approved for the property were a Jimmy John's restaurant and a
Starbucks restaurant/coffee shop (with a drive through window). These uses, originally
approved in 2006, would arguably be "fast food". The zoning code defines a Convenience -Food
Restaurant as one with over 40 seats. Neither of the restaurants at the 66th and Camden
development has over 40 seats.
SP Brooklyn Center, LLC is requesting that certain use restrictions be deleted to make it clear
that the existing uses are permitted and may continue. Specifically the request is to delete "fast
food" or "convenience food restaurant" and "convenience store" from the list of restricted uses.
The deletion of these restrictions would clarify that current tenants, including Checkers
restaurant, Pappy's restaurant and Regal Foods, and any successors, are permitted uses. It
would eliminate confusion over the allowed uses. It would also ensure that the uses are in
compliance with the zoning if the definition of fast food or convenience food restaurant was to
be amended in the future.
Any different uses of the property in the future would be controlled by the underlying C2
(Commerce) District zoning. The proposed PUD amendment will help promote and enhance the
general welfare of the overall PUD, including the new Top Golf, and help to maintain and keep
the redevelopment of this site active and ongoing; and reflects a reasonable need or benefit to
the PUD site.
If the PUD Amendment is approved, the Amendment to Declaration of Covenants and
Restrictions dated May 18, 2006 should be further amended to provide that "fast food
restaurant", "convenience food restaurant" and "convenience store" are removed from the list of
restricted or prohibited uses for the SP Brooklyn Center, LLC PUD.
its adoption:
Member Debra Hilstrom introduced the following resolution and moved
CITY COUNCIL RESOLUTION NO. 98-133
RESOLUTION REGARDING RECOMMENDING DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY
CENTRES GROUP BROOKLYN CENTER, LTD.
WHEREAS, Planning Commission Application No. 98015 submitted by Centres
Group Brooklyn Center, LTD. proposes rezoning from C-2 (Commerce) to PUDIC -2 of 730,192
sq. ft. (16.76 acres) area of land that is bounded on the north by 66th Avenue and the Super
America site; on the east by TH252; on the south by Interstate 694; and on the west by Camden
Avenue; and
WHEREAS, this proposal comprehends the rezoning of the above mentioned
property and site and building plan approval for an 85,240 sq. ft., 4,592 seat, 20 screen theater
on a proposed 13.09 acre site and the creation of two other sites, one that is 71,693 sq. ft. in area
and the other 88,186 sq. ft. in area for future commercial development, most likely restaurant
uses; and
WHEREAS, the Planning Commission held a duly called public hearing on June
25, 1998, when a staff report and public testimony regarding the rezoning and site and building
plan were received and the Planning Commission continued the public hearing and referred the
application to the Northeast Neighborhood Advisory Group for review and comment; and
WHEREAS, the Northeast Neighborhood Advisory Group met to consider this
matter on July 7, 1998, at the City Hall and recommended approval of this planned unit
development proposal; and
WHEREAS, the Planning Commission resumed consideration of this matter on July
16, 1998, received an additional staff report and took further testimony during a continued public
hearing; and
WHEREAS, the Planning Commission recommended approval_ of Application No.
98015 by adopting Planning Commission Resolution No. 98-3 on July 16,1998; and
WHEREAS, the City Council considered Application No. 98015 at its July 27,
1998 meeting; and
WHEREAS, the City Council considered the rezoning and site and building plan
request in light of all testimony received, the guidelines for evaluating rezonings contained in
Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development
1
City Council Resolution No. 98-133
ordinance contained in Section 35-355, the City's Comprehensive Plan, and the Planning
Commission's recommendation contained in Planning Commission Resolution No. 98-3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 98015 submitted by Centres Group Brooklyn Center, LTD.
be approved in light of the following considerations:
1. The rezoning and planned unit development proposal are compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's zoning
Ordinance.
2. The rezoning and planned unit development 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.
3. The utilization of the property as proposed under the rezoning and planned unit
development proposal will conform with City ordinance standards with the
exception of the parking requirement for theaters which requires one parking space
for every three seats within the theater complex. Variation from the zoning
Ordinance to allow a parking formula of one parking space for every four theater
seats is justified on the basis of the development plan submitted and the operational
differences on parking demand that a multiplex theater of this size bas which
allows the ability to stagger starting times within the theater complex to 'lessen or
spread out the demand for parking over a greater period of time. The applicants
have also provided a parking analysis that indicates national norms, local norms,
parking generation, and local parking studies all conclude that the standard of one
parking space for every four seats is a reasonable standard to apply to this
proposed theater complex.
4. The rezoning and planned unit development proposal are considered compatible
with the recommendations of the City's Comprehensive Plan for this area of the
City.
5. The rezoning and planned unit development appear to be a good utilization of the
property under consideration and the future potential uses of two adjacent
properties for commercial restaurant sites is also a good long range use of the
existing land and can be considered an asset to the community.
City Council Resolution No. 98-133
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings and contained in Section 35-208 of the City's Zoning Ordinance are met
and that the proposal is, therefore, in the best interests of the community.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
to approve Application No. 98015 subject to the following conditions and considerations:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to
be determined based on cost estimates shall be submitted prior to the issuance of
building permits to assure completion of all approved site improvements.
4. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
5. The buildings are to be equipped with an automatic fire extinguishing system to
meet NFPA standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
8. B612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
10. The property owner shall enter into an easement agreement for maintenance and
inspection of utility and storm drainage systems, prior to the issuance of permits.
11. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center standard specifications and details.
3
City Council Resolution No. 98-133
12. Approval of this application is subject to the applicant complying with all of the
requirements and regulations of the Nest Mississippi Watershed Management
Commission with respect to this site. The storm drainage system shall be
acceptable to the Watershed Management Commission and the applicant shall
comply with any conditions imposed by that body prior to the issuance of building
Permits for this project.
13. Ponding areas required as part of the storm drainage plan shall be protected by
approved easement. The easement document shall be executed and filed with
Hennepin County prior to the issuance of building permits.
14. The applicant shall enter into a development agreement with. the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
building permits. Said agreement shall acknowledge a parking ratio of one parking
space for every four seats in the multiplex theater and shall acknowledge all
conditions of approval and assure compliance with development plans submitted
by the applicant.
15 • The area identified on the site plan as "pad site 2" and "pad site 3" shall be seeded
in a manner to allow appropriate maintenance of this property pending future
development. Future development of this area is subject to amendment to this
planned unit development.
16. The applicant has agreed and the City acknowledges that it will not allow the
development of "pad site 2" and "pad site 3" as a fast food/convenience food
restaurant, a gasoline service station/convenience store, car wash, pawn shop or
check cashing operation and the development agreement will acknowledge this
restriction or limitation on the future use of the property.
17. The construction and cost of all traffic control improvements related to 66th and
Camden Avenues due to the project shall be the responsibility of the applicant
including, but not Iimited to, traffic signal, median extension, traffic control
structures, and any necessary right-of-way. This shall be acknowledged in the
development agreement.
18. Vehicle access between the theater parcel and the proposed Lot 3, Block 1, Regal
Road Development Addition and between the theater parcel and the Super America
property is prohibited. The applicant shall provide a physical barrier, acceptable
to the City, to prevent such cross access.
4
1
1-1
City Council Resolution No, 98-133
Julv.27, 1998
Date
ATTEST:
City Clerk
M or
The motion for the adoption of the foregoing resolution was duly seconded by member
Kathleen Carmodgmd upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
: 31u2-242
;• A�1A'PAIOATAXESPAjD
'TAXPAYER SERVICES
TRANSFER ENTERED
Am SO 69
DECLARATION OF COVENANTS
N. AND RESTRICTIONS
Q- l
DtEPLiTY
ECLARATION made this
/,:� day of , 1999, by
Centres Group Brooklyn Center Limited Partnership, a Florida limited partnership the
general partner of which is Centres Group Brooklyn Center GP, Inc., a Florida corporation
(hereinafter "Centres") and Crown Brawley L.L.C., a Minnesota limited liability company
(hereinafter "Crown Brawley") (hereinafter collectively referred to as the `Declarants");
WHEREAS, Declarant Centres is the owner of the real property described as Lot 1,
Block 1, Regal Road Development Addition, according to the recorded plat thereof on rile or
of record in Hennepin County, Minnesota, and Declarant Crown Brawley is the owner of real
property described as Loq 2 and 3, Block 1, Regal Road Development Addition, according
to the recorded plat thereof on file and of record in Hennepin County, Minnesota,
(hereinafter collectively referred to as the "Subject Properties"); and
WHEREAS, the Subject Properties are subject to certain zoning and land use
restdcfions imposed by the city of Brooklyn Center, Minnesota (the "City") in connection
with the rezoning of the Subject Properties from the zoning classification C-2 (Commerce)
to PUDIC -2 as provided in City Resolution No. 98-133 adopted on July 27, 1998 to permit
construction of a multiscreen movie theater with a parking ratio' of one parking space for
every four seats; and
WHEREAS, the City has approved such rezoning on the basis of the determination
of the City Council of the City that such rezoning is acceptable only by reason of the details
of the development proposed and the unique land use characteristics of the proposed use of
CLL -160492
11R291.183
the Subject Properties; and that but for the details of the development proposed and the
unique land use characteristics of such proposed use, the rezoning would not have been
approved; and
WHEREAS, as a condition of approval of the rezoning, the City has required the
execution and filing of this Declaration of Covenants,' Conditions and Restrictions
(hereinafter the "Declaration"); and
WHEREAS, to. secure the benefits and advantages of such rezoning, Declarants
desire to subject the Subject Properties to the terms hereof.
NOW, THEREFORE, the Declarants declare that the Subject Properties are, and
shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions,
and restrictions, hereinafter set forth.
1. The use and development of the Subject Properties: shall conform to the
Site/Signage Plan attached as Attachment One, Grading Plan attached as Attachment Two,
Utility Plan attached as Attachment Three, Landscape Plan attached as Attachment Four,
Lighting Plan attached as Attachment Five and Building Elevations attached as.Attachment
Six, all of which are made a part hereof. No buildings or structures other than those shown
on Attachments One through Six may be erected or maintained on the Subject Properties.
2. The Subject Properties shall be limited to the following uses:
a. The property legally described as Lot 1, Block 1, REGAL ROAD
DEVELOPMENT ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, shall be used only for a twenty
screen movie theater of approximately 85,240 square feet with
CLL -160492 2
BR291.183
approximately 4592 seats. .
b, The property Iegally described as Lots 2 and 3,. Bloch ,1, REGAL
ROAD DEVELOPMENT ADDITION shall be. cleared of all
buildings and graded in accordance with Attachment Two; a grass
turf shall be established and maintained on such Lots 2 and 3; and
said lots shall be put to no other use without first securing Approval
thereforin accordance with paragraph 3.
3. The Subject Properties may only be developed and used in accordance with
Paragraphs I and 2 of this Declaration unless the owner first secures approval by the City
Council of an amendment to the planned unit development plan or a rezoning to a zoning
classification which permits such other development and use. Owners of Lots 2 and 3, Block
1, REGAL, ROAD DEVELOPMENT ADDITION may apply for amendment of the planned
unit development for said lots to allow. another use which is compatible with surrounding
and nearby properties and consistent with the City's comprehensive plan and the' public
health, safety, and welfare; provided, however, that said lots may not be developed or used as
a fast food or convenience food restaurant, gasoline service'statioti, convenience store, car
wash, pawn shop or check cashing operation.
4. Except as provided herein, use of the Subject Properties shall conform to the
o
regulations of the City applicable to the C-2 (Commerce) District.
5. The Declarants acknowledge that it is a condition of the zoning and land use
approvals that all buildings on the Subject Properties which are not permitted by the
approved planned unit development plats as shown on Attachments One through Six be
CLL -160452 3.
BR291-193
razed and removed. With respect to the building presently located at 6351 Lilac Drive North
on Lot 2, (the "Lot 2 Building', it is agreed that the building must be razed and removed by
Crown Brawley on or before September 15, 1999 (the "Outside Removal Date"). For
purposes of this paragraph S, the Lot 2 Bulding shall be deemed razed and removed at such
time as the structure and its foundation located within the boundaries of Lot 2 and all of the
Paved surface of Lot 2 except for the area of the emergency` drive Iane for access to the
Melrose Gates Apartments have been demolished and removed from the Subject Properties,
Lot z has been graded and grass seed or other suitable ground cover has been installed on Lot
2. In order to secure the obligation of Crown Brawley to raze and remove such building on
or before the Outside Removal Date, Crown. Brawley herewith posts cash security with the
City in the amount of $50,000 (the "Cash Security) which shall be held by City without
interest to Crown Brawley to secure performance of Crown Brawley's obligations under this
paragraph and to pay all liquidated damages and costs of the city in connection therewith.
Crown Brawley grants to Centres and to the Cit their
. y, agents, contractors and
subcontractors, an irrevocable license and right to go onto Lot 2 at any time following the
,Outside Removal Date without further notice to Crown Brawley, for the purpose of razing
and removing the Lot 2 Building should Crown Brawley have failed to do so by the Outside
Removal Date, provided that the City and/or Centres shall proceed with due diligence to'
perform said work. Crown Brawley specifically agrees that Centres and/or its subcontractors
may act as the agents, contractors or subcontractors of the City for the* purpose of razing and
removing the Lot 2 Building should the City elect to engage Centres for such purpose or
Centres may act independently to raze and remove the Lot 2 Budding. Centras specifically .
CLL -160492 4
139241-183
agrees with the City that it wM cause the razing and removal of the Lot 2 Building to be
accomplished at a cost of $45,000 should the City request that it do so or if the City receives
notice from Centres aftei the Outside Removal Date and fails to notify Centres within ten
(10) days thereafter that the City will independently cause the Lot 2 Building to be razed and
removed. Further, in the event the City is required to effect the removal of the Lot 2
Building as a result of Crown Brawley's failure to do so on or before the Outside Removal
Date or if Centres effects the removal as aforesaid, then the Cash Security shall inure to the
benefit of the City to defray all costs related in any way to the removal of the Lot 2 Building
and all costs associated with enforcement of this agreement and if Centres has effected the
removal the City shall pay Centres $45,000. In .addition the Cash Security shall be used to
pay liquidated damages to the City in the amount of Five Hundred Dollars ($500) per day for
each day the Lot 2 Building is not. razed and removed as required in this paragraph
commencing on the day after the Outside Removal Date until the Lot 2 Building is razed and
removed. Any unused- portion of the Cash Security shall be returned to Crown Brawley
within thirty (30) days after the Lot 2 Building is razed and removed. The irrevocable
license granted the City and Centres by Crown Brawley shall terminate and be of no further
force or effect following the razing and removal of the Lot 2 Building: Centres agrees that
no certificate of occupancy will be issued for buDdings on Lot 1 until the buildings on the
Subject Property are razed and removed, .except that the removal of the Lot 2 Building will
not be a condition if the City has advised Centres not to remove same and has failed to .
timely remove same independent of Centres.
6. A physical barrier, the design of which shall first be approved by the City
CEJA 60492 5
BIU91.183
Engineer, shall be created and maintained by Centres to prevent vehicular access from Lot 1
to Lot 3, all of Block 1, REGAL ROAD DEVELOPMENT ADDITION and from Lot 1,
REGAL ROAD DEVELOPMENT ADDMON to the property located north of Lot 1 and
east of Lot 3, being the property occupied by a SuperAmerica store.
7. Access shall be preserved and maintained over Lot 2, Block 1, REGAL
ROAD DEVELOPMENT ADDITION between Camden Avenue North and Lot 1, Block l.,
NORDLING WELTER ADDITION, according to the recorded plat thereof on file or of
record in Hennepin County, Minnesota.
S. The obligations and restrictions of this Declaration run with the land of the
Subject Properties and shall be enforceable against the Declarants, their successors and
assigns, by the City acting through. its City Council. This Declaration may be amended from j
time to time by a written amendment executed by the City and the owner or owners of the lot
or lots to be affected by said amendment.
IN WITNESS WHEREOF, the. undersigned as duly authorized agents, officers or
representatives of Declarants have hereunto set their -hands and seals as of the day and year
first above written.
CENTRES GROUP BROOKLYN CENTER
L.RVMD PARTNERSHIP, A Florida limited
partnership the general partner of which is
CENTRES GROUP BROOKLYN CENTER
GP, XVVJ16�J�l
By:
is s
(SEAL)
cLTA60492 6
BR291-183
9
STATE OF
.fie.' -5R Vd •.bibs) ss.
COUNTY OFHENT&� )
The foregoing ins ent was acknowledged before me this/..day of
2�� I999, by jAse-wtrW i�14R-L the.�'sry�d�,
'- for and on behalf of
Centres Group Brooklyn Center Limited Partnership, a Florida limited partnership `the
general partner of which' is CENTRES GROUP BROOKLYN CENTER GP, INC., A
Florida corporation.
CLL -160492
$322.91.193
VA
Public
�V -
�yi( p� tiFi'taA IDTARYRJII.
p OHIVA GAMEY
00Yi U M NIR!
00305523
a�E�
0� MAR. 10 2009
CROWN 33RAWLEY L.L.C., a Minnesota
limited liability company
(SEAL)
STATE OF MINmoTA )
) ss.
COUNTY OF HENNEPIN )
AThe foregoing instrument,, wa`s acknowledged before me this � day of
p"—, 1999, by Terry -D1T. 3 . the _ G+�i ' �Cttr�drr
for and oY behalf of
Crown Brawley L.L.C., a Minnesota limited liability compan .
-
c '
MARC L KA{lGER
�}
NOTARY PUBLIC -MINNESOTA Notary blic
MY Comm. Edea dam. $1.2caa
THIS INSTRUMENT DRAFIED BY:
Kennedy & Graven, Chartered
470 Pillsbury Center -
200 South Sixth Street
Minneapolis MN 55402
(612) 337-9300
CLG16492 8
BRZ91-183
I��IIYIIIIIIIIIIIIIIII91�1111111� �
Doc No 8843712 0811012006 01:33 PM
Certified filed and or recorded on above date;
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 245472
Deputy 3
Fees
$35.50 DOC
$10.50 SUR
$2.00 COPY
$46.00 Total
M4
AMENDMENT TO
DECLARATION OF COVENANTS
AND RESTRICTIONS
THIS AMENDMENT is made as of this I M day of. 2006, by SP
Brooklyn Center, LLC, a Michigan limited liability company ( "Declarant");
WHEREAS, Declarant is the owner of the real property located in the City of Brooklyn
Center, Minnesota, legally described as Lot 2, Block 1, Regal Road Development 2"d Addition
("Subject Property"); and
WHEREAS, the Subject Property is subject to that certain Declaration of Covenants and
Restrictions dated April 13, 1999, filed for record on April 30, 1999, as Document No, 7103844 in
the office of the Hennepin County Recorder, as amended by that certain Amendment to Declaration
of Covenants and Restrictions dated December 17, 1999, filed for record on December 20, 1999, as
Document No. 7231144 in the office of the Hennepin County Recorder (collectively referred to as
the "Amended Declaration"); and
WHEREAS, the Declaration provides that use and development of the Subject Property
requires site plan approval and amendment to the planned unit development for the Subject
Property; and
WHEREAS, Declarant has applied to the City for an amendment to the Planned Unit
Development (PUD) for the Subject Property to allow construction and maintenance of a 10,000
square foot, multi -tenant retail building on the Subject Property, and
WHEREAS, approval of the planned unit development for the Subject Property included as
a condition of approval that Declarant enter into a PUD Agreement that would acknowledge
amendments to the planned unit development and be filed with the title to the Subject Property; and
284870vl CLLBR291-272 ]
WHEREAS, the City has approved such PUD amendment on the basis of the determination
of the City Council of the City that such amendment is acceptable only by reason of the details of
the development proposed and the unique land use characteristics of the proposed use of the Subject
Property, and that but for the details of the development proposed and the unique land use
characteristics of such proposed use, the PUD amendment would not have been approved; and
WffEREAS, as a condition of approval of the PUD amendment, the City has required the
execution and filing of this Amendment to Declaration of Covenants and Restrictions (hereinafter
the "This Declaration"); and
WHEREAS, to secure the benefits and advantages of such PUD amendment, Declarant
desires to subject the Subject Property to the terms hereof.
NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held,
transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions,
hereinafter set forth.
1. The use and development of the Subject Property shall conform to all of the
following:
B. All conditions of approval specified by the City Council in Resolution No. 2006-25
adopted on February 27, 2006, attached hereto as Attachment One;
b. Proposed Site Plan and Site Details, attached as Attachment Two;
C. Grading Plan, attached as Attachment Three;
d. SWPP Plan, attached as Attachment Four,
e. Utility Plan and Detail Sheet, attached as Attachment Five;
f. Preliminary Landscape Plan, attached as Attachment Six;
g. Site Lighting Photometrics Plan, attached as Attachment Seven;
h. Proposed Exterior Elevations, attached as Attachment Eight.
2. No buildings or structures other than those shown on Attachments One through
Eight may be erected or maintained on the Subject Property.
3. The use of the Subject Property shall conform to the zoning regulations of the City
284870vl CLL M91-272 2
'J ,. �. .._.. .. .. .. ... .
of Brooklyn Center applicable to C-2 Districts; provided, however, that no part of the Subject
Property may be developed or used for a fast food restaurant, convenience food restaurant, gasoline
service station, gasoline station/convenience store, car wash, pawn shop or check cashing operation;
provided further that the parties agree that the granting of the easement at the request of the City in
connection with obtaining the above referenced approval shall not cause the Property to be in
violation of the City's zoning regulations.
4, The Subject Property may be developed and used only in accordance with
paragraphs 1 through 3 of this Declaration unless the owner first secures approval by the Brooklyn
Center City Council of an amendment to the Planned Unit Development Plan for the Subject
Property and to this Declaration or a rezoning to a zoning classification that permits such other
development and use.
5. This Declaration supersedes the Amended Declaration as it relates to the Subject
Property.
6. This Declaration run with the land of the Subject Property and shall be enforceable
against the Declarant, its successors and assigns, by the City acting through its City Council. This
Declaration may be amended from time to time by a written amendment executed by the City and
the owner or owners of the lot or lots to be affected by said amendment.
IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or
representatives of Declarant have hereunto set their hands and seals as of the day and year fust
above written.
284870v1 CLLSIU91.272 3
DECLARANT
SP BROOKLYN CENTER, LLC
By:
Its: M ic�aGP Secry , Ca- Mrs r;�
STATE OF MICHIGAN )
) ss
COUNTY OFV-[-A � )
The foregoing instrument was executed this jf 41 day of 2001fi by
a, chief manager of SP Brooklyn Center, LLC, a Michigan limited liability
cbmpany, on behalf o th lihn ted b ifity company.
ANM.EESRH K.D. SZOM -
Notary Pupb4c, ^s111and County, MI of lie
My Commisslon Expims OS/D7/20aT
2V8700 CLL BR291.272 4
APPROVED BY THE CITY OF BROOKLYN CENTER
STATE OF MINNESOTA
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _edayafae��i ofthe a or and Manager, respeceiy, City . .
by Myrna Kragness and Michael McCauley, mayor
Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the
City.
Notary Public
1
a
REBECCA S. CRAS8
NOTARY PUBLIC -HMS=
Mt�ratx,e�w�. n,aato I
WMIN AIR 9 ---------- �AVAAAAAAMov
284870v1 CLLBR291-272
Attachment One
Member Kay Lasman introduced the following resolution
and moved its adoption:
RESOLUTION NO. 2006-25
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO, 2006-001 SUBMITTED BY SP BROOKLYN CENTER,
LLC.
WHEREAS, City Council Resolution No. 98-133 adopted on July 27, 1998
approved a rezoning from C-2 (Commerce) to PUDIC -2 of a 16.76 acre site bounded on the
north by 66th Avenue and the SuperAmerica property; on the east by T. H. 252; on the south by
Interstate 694; and on the west by Camden Avenue North; and
WHEREAS, said Planned Unit Development (PUD) included approval for
developing an 85,240 sq, ft., 4,592 seat. 20 screen theatre on a proposed 13.09 acre site and the
creation of two other sites, referred to as "pad site 2" and "pad site 3" for future commercial
development; and
WHEREAS, Condition No. 15 of City Council Resolution No. 98-133 requires
the future development of pad site 2 and pad site 3 to be subject to an amendment to the Planned
Unit Development and Condition No. 16 of said resolution prohibits the development of pad site
2 and pad site 3 as a fast food/convenience food restaurant, a gasoline service
station/convenience store, car wash, pawn shop or check cashing operation; and
WHEREAS, Planning Commission Application No. 2006-001 consisting of a
PUD amendment to allow construction of a 10,000 sq. ft. multi tenant retail building at the
southeast comer of 66th and Camden Avenues North (pad site 2) has been submitted by S P
Brooklyn Center, LLC; and
WHEREAS, the Planning Commission held a duly called public hearing on
February 16, 2006, when a staff report and public testimony regarding the Planned Unit
Development were reccived;
WHEREAS, the Planning Commission recommended approval of Planning
Commission Application No. 2006-001 by adopting Planning Commission Resolution No. 2006-
01 on February 16, 2006; and
WHEREAS, the City Council considered Planning Commission Application No.
2006-01 at their February 27, 2006 meeting; and
RESOLUTION NO. 2006-25
Attachment One
WHEREAS, the City Council has considered this Planned Unit Development
Amendment request in light of all testimony received, the guidelines for evaluating rezonings —
contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit
Development Ordinance in Section 35-355 of the City's Zoning Ordinance, the City's
Comprehensive Plan, City Council Resolution No. 98-133 and the Planning Commission's
recommendation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 2006-001 submitted by S P Brooklyn Center, LLC be
approved based upon the following considerations;
1. The Planned Unit Development Amendment is compatible with the
standards, purposes and intent of the Planned Unit Development section of ;
the City's Zoning Ordinance.
2, The Planned Unit Development Amendment 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.
3. The utilization of the property as proposed under the Planned Unit
Development is considered a reasonable use of the property and will
conform with City Ordinance standards for the C-2 underlying zoning —
district.
i
4. The Planned Unit development proposal is considered compatible with the
recommendations of the City's Comprehensive Plan for this area of the f
City.
5, The Planned Unit Development appears to be a good long range use of the
existing land and can be considered an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for
evaluating rezonings as contained in Section 35-208 of the City's Zoning
Ordinance are met and that the proposal is, therefore, in the best interest of
the community.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn
Center that Application No. 2006-001 be approved subject to the following conditions and
considerations:
1. The E uilding plans are subject to review.and approval by the Building
Official with respect to applicable codes prior to the issuance of permits.
RESOLUTION NO. 2006-25
Attachment One
2. Grading, drainage, utility and erosion control plans are subject to review
and approval by the City Engineer prior to the issuance or permits.
3, A site performance agreement and supporting financial guarantee in an
amount to be determined based on cost estimates shall be submitted prior
to the issuance of permits to assure completion of all required site
improvements.
4, B-612 curb and gutter shall be provided around all parking and driving
areas.
5. Any outside trash disposal facilities and rooftop or on ground mecbanical
equipment shall be appropriately screened from view.
6. The building shall be equipped with an automatic Fire extinguishing
system to meet NFPA standards and shall be connected to a central
monitoring device in accordance with Chapter 5 of the City Ordinances.
7. Underground irrigation shall be installed in all landscaped areas to
facilitate site maintenance.
8. Plan approval is exclusive of all signery which is subject to Chapter 34 of
the City Ordinances,
9. An as built survey of the property, improvements and utility service lines
shall be submitted to the City Engineer prior to the release of the
performance guarantee.
10. The landscape plan sball be modified prior to the issuance of building
permits for this project to comply with the landscape point system used for
evaluating landscape plans. The landscape plan shall provide a minimum
of 102 landscape points.
11. All work performed and materials used for construction of utilities shall
conform to the City of Brooklyn Center Standard Specifications and
Details.
12. The applicant shall obtain an NPDES permit from the Minnesota Pollution
Control Agency and provide adequate erosion control as approved by the
City Engineering Department and prior to disturbing the site.
RESOLUTION NO. 2006-25
Attachment One
13. The applicant shall enter into a PUD agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the
issuance of building permits. Said agreements shall acknowledge the
Planned Unit Development Amendment and be filed with the title to the
property prior to the issuance of building,pennits for this development.
This agreement shall further assure compliance with the deYelopmcnt
plans submitted with this application.
14. No part of the property being considered for development under this
proposal shall at any time be used as a fast food/convenience food
restaurant, a gasoline service station/convenience store, car wash, pawn
shop or check cashing operation and the development agreement will
acknowledge this restriction or limitation on the future use of the property.
15. The applicant shall provide an appropriate directional sign, or signs, to
prohibit south bound traffic between the building and the easterly angled
parking area.
16. The applicant shall provide a street and sidewalk easement in a form and
manner approved by the City Engineer for portions of Camden and 66th
Avenues that currently encroach into the proposed site.
February 27. 2006
Datc
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kathleen Cdrmbdy
and upon vote being taken.theredn, the following voted in favor thereof:
Myrna Kragness, Kathleen Carmody, Kay Tasman, .Diane Nieseh, and Mary O'Connor;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
r Attachment Two
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