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Home My WebLink About2017-09 PCRCommissioner Schonning introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2017-009 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-005 SUBMITTED BY SP BROOKLYN CENTER, LLC FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 4) TO THE REGAL ROAD DEVELOPMENT ADDITION PLANNED UNIT DEVELOPMENT OF 1998 (LOCATED 615 66TH AVENUE NORTH) WHEREAS, on July 27, 1998, the City Council of Brooklyn Center adopted Resolution No. 98-133, which approved and accepted the Regal Road Development Addition Planned Unit Development 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, from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) District; and WHEREAS, the PUD proposal comprehended the development of a new site and building plan approval of an 85,240 sq. ft., 4,592 seat, 20 screen theater on 13.09 acres of the rezoned subject PUD site, along with the creation of two future development pad sites consisting of 88,186 sq. ft. (Pad Site No. 2 — to the north) and 71,693 sq. ft. (Pad Site No. 3 — to the south), respectively, for future commercial development, with each pad site identified as potential restaurant uses; and WHEREAS, the approved PUD applies to Lots 1, 2, & 3, Block 1, Regal Road Development Addition, Hennepin County, Minnesota ("Property"); and WHEREAS, on September 28, 1998, the City Council approved Planning Application No. 98-19, which comprehended the First Amendment to the PUD, which included an alternate storm water management system including a ponding area and a reduction in the lot size of Pad Site No.3 from 2.02 acres to 0.96 acres, in the event the original designed storm systems were not accepted by the local watershed; and WHEREAS, a Declaration of Covenants and Restrictions dated April 13, 1999 that applies to the lots within the PUD was recorded in the office of the Hennepin County Recorder on April 30, 1999 as document number 7103844 ("1999 Declaration"); WHEREAS, on February 27, 2006, the City Council adopted Resolution No. 2006-25 approving a PUD amendment and site plan approval to allow the construction of a 10,000 sf. multi -tenant building on Pad Site 3 on the Property, and said amendment was memorialized in an amendment dated May 18, 2006 to the 1999 Declaration ("2006 Declaration Amendment"); and WHEREAS, on November 9, 2015, the City Council approved a PUD amendment relating to the development of Pad Site 2 for a 4 story 80,000 sf. commercial self -storage facility; 506748v1 TJG BR291-272 PC RESOLUTION NO. 2017- 009 however, the 1999 Declaration was not revised or amended when the developer decided not to proceed with the project; and WHEREAS, on June 26, 2017, the City Council adopted Resolution No. 2017- 100 approving a PUD amendment (Amendment No. 3) for Lot 1, Block 1 (Pad Site No. 1) and Lot 2, Block 1 (Pad Site No. 2) with several conditions to allow the redevelopment of the site from a twenty screen movie theater of approximately 85,240 sf. with approximately 4592 seats to a Topgolf commercial recreational/entertainment use consisting of a 65,000 square foot, three level facility with 102 hitting bays, a 50 table restaurant & lounge, a 3,000 square foot roof terrace, a 3,000 square foot event area and a 220 yard driving range with 11 outfield targets; and WHEREAS, the 1999 Declaration restricts the use of Lots 2 and 3, Block 1 (Pad Sites No. 2 & 3), including Paragraph 3 which states "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, SP Brooklyn Center, LLC has applied to the City of Brooklyn Center to amend the PUD and the 1999 Declaration to remove fast food restaurant, convenience food restaurant, and convenience store (collectively, the "Identified Uses") from among the prohibited uses within the PUD; and WHERAS, the prohibition on the Identified Uses was restated in the 2006 Declaration Amendment; and WHEREAS, on August 31, 2017, the Planning Commission held a duly called public hearing, whereby a staff report and public testimony regarding the requested amendment to the PUD Agreement were received and considered by the Planning Commission; the Planning Commission considered the requested amendment to the PUD in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center confirmed that determine that Planning Application No. 2017-005, submitted by SP Brooklyn Center, LLC was consistent with the findings and considerations which supported the 1998 PUD rezoning and may be approved based upon the following additional considerations: a) The concerns that resulted in prohibiting the Identified Uses are no longer present,- b) resent; b) Some of the Identified Uses have already occurred on the property without creating any concerns for the neighboring owners or the City. c) The Identified Uses, as current and potential businesses on Pad Site No. 3, are appropriate uses within the PUD and are compatible with the adjacent properties. 2 PC RESOLUTION NO. 2017- 009 d) Approving the requested amendment will not be contrary to the goals of the City or the purpose in establishing the PUD. e) The proposed amendment to the PUD, and the additional uses it would allow to occur on the property, is supported and approved by the Planning Commission. 0 City will require an amendment to the 1999 Declaration and 2006 Declaration Amendment be developed and executed. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2017-005, submitted by SP Brooklyn Center, LLC, may be approved based on the belief that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35-355 of the City's Zoning Ordinance have been met, and the proposal is, therefore, in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission for the City of Brooklyn Center, Minnesota, that Planning Application No. 2017-005 submitted by SP Brooklyn Center, LLC requesting approval of an amendment (No. 4) to the Regal Road Development Addition Planned Unit Development of 1998 and the 2006 Declaration Amendment to remove the prohibition on fast food restaurants, convenience food restaurants, and convenience stores may be approved subject to the following conditions: 1) The Identified Uses are only allowed on Lot 3, Block 1 (Pad Site No. 3) of the Property. 2) SP Brooklyn Center, LLC must execute an amendment to the 1999 Declaration and the 2006 Declaration Amendment 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 any subsequent amendments, shall remain in effect. -- August 31 2017 Date hair ATTEST:_g�,.,,,,,w L t .CL Secretary 3 The motion for the adoption of the foregoing resolution was duly seconded by member Koenig; and upon vote being taken thereon, the following voted in favor thereof: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Sweeney, and Tade; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. 0