HomeMy WebLinkAbout2017-143 CCRMember April Graves introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2017-143
RESOLUTION REGARDING THE DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2017-008 SUBMITTED BY SP
BROOKLYN CENTER, LLC FOR AMENDMENT NO. 4 TO THE REGAL
ROAD DEVELOPMENT 2ND ADDITION PLANNED UNIT DEVELOPMENT
WHEREAS, Planning Commission Application No. 2017-008 submitted by SP
Brooklyn Center, LLC ("Applicant") proposed to amend the Regal Road Development PUD
with respect to the property located at the intersection of 66th Avenue North and Camden
Avenue North, and legally described as Lot 2, Block 1, Regal Road Development 2'' Addition,
Hennepin County, Minnesota ("Subject Property"); and
WHEREAS, on July 27, 1998, the City Council of Brooklyn Center adopted
Resolution No. 98-133, which approved and accepted the Regal Road Development Addition
Planned Unit Development of 1998 ("PUD"), which comprehended the rezoning approval of
16.76 acre area of land bounded on the north by 66th Avenue, TH252 on the east, Interstate
694 to the south, and Camden Avenue to the west, which includes the Subject Property, from
C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) District; and
WHEREAS, the original Declaration of Covenants and Restrictions developed
for the PUD are dated April 13, 1999 and were recorded in the office of the Hennepin County
Recorder on April 30, 1999 as document number 7103844 ("1999 Declaration");
WHEREAS, the 1999 Declaration includes a restriction on the uses allowed on
the Subject Property which indicates "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."; and
WHEREAS, Section 8 of the 1999 Declaration indicates that it "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; and
WHEREAS, the 1999 Declaration was amended by an 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
and amended again by an Amendment Declaration of Covenants and Restrictions dated May
18, 2006, filed for record on August 10, 2006, as Document No. 8843712 in the office of the
Hennepin County Recorder (collectively referred to as the "Amended Declaration"); and
WHEREAS, the amendment recorded in 2006 included a restatement of the
same restriction on uses applicable to the Subject Property; and
RESOLUTION NO. 2017-143
WHEREAS, the Subject Property has been developed as a multi-use facility and
has housed a number of business uses; and
WHEREAS, the Applicant is requesting the City amend the PUD to remove fast
food restaurant, convenience food restaurant, and convenience store (collectively, the "Identified
Uses") from the list of prohibited uses applicable to the PUD; and
WHEREAS, the Planning Commission held a duly called public hearing on
August 31, 2017, when a staff report and public testimony regarding the requested amendment
to the PUD were received; and
WHEREAS, the Planning Commission recommended approval of Application
No. 2017-008 by adopting Planning Commission Resolution No. 2017-009 on August 31,
2017; and
WHEREAS, the City Council considered Application No. 2017-008 at its
September 11, 2017 meeting; and
WHEREAS, the City Council has considered the Applicant's PUD amendment
request in light of all testimony received, the guidelines for evaluating planned unit
developments in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive
Plan and the Planning Commission's recommendations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 2017-008 submitted by the SP Brooklyn Center, LLC be
approved based upon the following considerations:
1.The concerns that resulted in prohibiting the Identified Uses are no longer
present.
2.Some of the Identified Uses have already occurred on the Subject Property
without creating any concerns for the neighboring owners or the City.
3.The Identified Uses, as current and potential businesses on the Subject
Property, are reasonable uses within the PUD and are compatible with the
adjacent properties.
4.Removing the Identified Uses from the list of prohibited uses within the
PUD and the Amended Declaration is appropriate under the facts of this
situation.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn
Center that Application No. 2017-008 be approved subject to the following conditions and
considerations:
1. The amendment applies only to Lot 2, Block 1, Regal Road Development 2
RESOLUTION NO. 2017-143
Addition.
2.The Applicant must execute an amendment to the Amended Declaration to
remove the Identified Uses, said amendment must be in a form acceptable to
the City.
3.Unless amended otherwise or under separate agreement, all existing
provisions, standards and variations provided under the Regal Road
Development Planned Unit Development of 1998 and the Amended
Declaration shall remain in effect and are binding on the Subject Property.
BE IT FINALLY RESOLVED that the attached form of the proposed
amendment to the Amended Declaration is hereby approved and the Mayor and the City
Manager are authorized to execute the amendment on behalf of the City once it is in final form.
September 11, 2017
Date Mayor
ATTEST: \^Z&w 6X[&&
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Marcjuita Butler
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Marquita Butler, April Graves, and Dan Ryanand the following voted against the same: none
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2017.443
-- •I Ij i':' )'i
011 MIN MJ El EN
II]
THIS THIRD AMENDMENT is made as of this day of , 2017,
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 21x1 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, and further amended by
that certain Amendment to Declaration of Covenants and Restrictions dated May 18, 2006 filed for
record on August 10, 2006, as Document No. 8843712 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
RESOLUTION NO. 2017-143
Property; and
WHEREAS, Declarant has applied to the City for an amendment to the Planned Unit
Development ("PUD") for the Subject Property to remove the prohibition placed in the City's PUD
approvals and the Amended Declaration as to certain uses; 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
WHEREAS, the City has approved the requested amendment to the PUD on the basis of
the determination of the City Council of the City as being consistent with the purpose of the PUD
and not interfering with the surrounding uses; and
WHEREAS, as a condition of approval of the PUD amendment, the City has required the
execution and filing of this Third 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 Subject Property shall remain subject to, and may only be developed and used
in accordance with, the requirements and restrictions of the Amended Declaration, except that the
following uses are allowed to occur on the Subject Property in addition to all other uses allowed to
occur on the Subject Property tinder the PUD and the Amended Declaration: fast food restaurants,
convenience food restaurants, and convenience stores.
RESOLUTION NO. 2017-143
2.The use of the Subject Property shall conform to the zoning regulations of the City
of Brooklyn Center applicable to C-2 Districts and to all other applicable federal, state, and local
laws, rules, regulations, and ordinances.
3.This Declaration supersedes the Amended Declaration as it relates to the Subject
Property.
4. 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 first
above written.
(Signature pages follow)
DECLARANT
SP BROOKLYN CENTER, LLC
By:
RESOLUTION NO. 2017-143
Its:
STATE OF MICHIGAN )
) ss
COUNTY OF__________ )
The foregoing instrument was executed this day of , 2017, by
a chief manager of SP Brooklyn Center, LLC, a Michigan limited
liability company, on behalf of the limited liability company.
Notary Public
RESOLUTION NO. 2017-143
APPROVED BY THE CITY OF BROOKLYN CENTER
By
Its Mayor
By
Its City Manager
STATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2017, by Tim Willson and Cornelius L. Boganey, the Mayor and Manager, respectively, of the
City of Brooklyn Center, a municipal corporation under the laws of Minnesota, on behalf of the
City.
Notary Public