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HomeMy WebLinkAbout2017 08-31 PCPCin of ERODKLf iV 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 ®odsj4 -AFRICAN FOODS U-1 ILI 6r' 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 'til b N3dW d� 't Ap y -r�l 1 tt 1 • 1\ . ' Fr�g N r w P E9 i tIIP m r_ 'l Pil'--'-► t Wei cn1 0 I. 1 0{r I � gl�� I i N r w Q t. • 11� }}r i r t 1 � � I � gl�� I i . 1C,1-• NP o [,'..a :rte.... V Attachment Three �� �4l4 ��f �`�1 tltir ►11(r !�r i �•� hisli f; �I ���'�jt({t ��� � !i r� { Eje ��it illjj� 1 f F i fit ;It 1 1 Iljtt ff F!I �I =ail t j ff tit{�l;litftt t' E t,+t i !I 1 4 ! i' t , l tt �" if [�+ },� 5 :�r . jf fd.►• 1f' ��{ f E�IJili t' HIM I� i Attachment Four - \\ � + I ,,`•, }V. , Vwi • 1 4+ S ` I it t 1 i ��11 r�. i r4• r I kl`hFI��Ftl�I�t� F bl�� I ► roe' HIM I� i Attachment Four - \\ � + I ,,`•, }V. , Vwi • 1 4+ S ` I it t 1 i ��11 r�. i r4• r I kl`hFI��Ftl�I�t� F bl�� I ► ih i(i Ij.1 i I I I I I{ I I lil' I�ill,•�„,1 d�ll�ll i;fj 9� ij I,�- ;i H e` `o � �� ji s C) Mf 1� Z e� � � I Pi �IIIy�llilll Z N P �., Attachment Five �''' rit =.t� � � — � - • �1 as • I �t l��ll r (c 4 .1��. �i,•,� (rt s i.jl�, t.I G i ��� i� • t E�il S 1 f Lip �t l��ll r (c 4 .1��. �i,•,� (rt s i.jl�, t.I G i ��� i� • t E�il S 1 f x cn l� - Au:.� yma <lir fir_ d — — � A Q 1 ( Il�.gti nliM I IFAHrI IITR y��k u ds''a Hit WRNFFLIER OM AOiE fRETNLAFp11SED Lffi4� _. uli �i Q 1 Il�.gti nliM IFAHrI IITR y��k FA11Df GE►f tEQUTA W Rrtf WRNFFLIER OM AOiE fRETNLAFp11SED I.ElAU[S W R[TNL REWIAFS IaT.A IOIFl6 RA>ils FVOipsF6 •OE ■ora R)ms roA %FK F.miS FTI= IIANFE VFMNSs AE(111LL(M(M WED" ImAI SIIW(TAEE S COMIEADISS TREE J S. 1A SE 16 Jsi 17} M[UCAN OECORATM TR[E R12 SYALT6 FTS f]3 Il IM I]L ]s'i. 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