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HomeMy WebLinkAbout2018-064 CCRMember introduced the following resolution and moved its adoption: RESOLUTION NO. 2018-64 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-002 SUBMITTED BY TASHITAA TUFAA OF MISSISSIPPI VALLEY PROPERTIES, LLC, FOR APPROVAL OF A SITE AND BUILDING PLAN AND ISSUANCE OF A SPECIAL USE PERMIT TO CONVERT A FORMER BOWLING ALLEY AND RESTAURANT INTO AN EVENT CENTER IN THE C2 (COMMERCE) DISTRICT (LOCATED AT 6440 JAMES CIRCLE NORTH) WHEREAS, Planning Commission Application No. 2018-002, submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC ("Applicant/Owner") requests approval of a site and building plan and issuance of a special use permit allowing a former bowling alley and restaurant to be converted into an event center, with ancillary restaurant and bar, and other associated exterior improvements, in an existing 35,462- square foot building located at 6440 James Circle North ("Subject Property"); and WHEREAS, the Subject Property is situated in the C2 (Commerce) District and pursuant to City Code Section 35-322; Subpart 3, "Eating establishments offering live entertainment; recreation and amusement places such as motion picture theaters and legitimate theater; sports arenas; bowling alleys, skating rinks, and gymnasiums, all provided they do not abut an RI, R2, or R3 district, including abutment at the street line" are only allowed by means of special use permit in the C2 District, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration tinder Planning Application No. 2018-002; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on March 15, 2018, whereby a planning staff report was presented and public testimony regarding the site and building plan and special use permit were received; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-222 (2 Commerce District) of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2018-002, submitted by Tashitaa Tufaa of Mississippi Valley Properties, LLC, be approved based upon the following considerations: A.The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. B.The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. RESOLUTION NO. 2018-64 D. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. B. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2018-002 be approved subject to the following conditions and considerations: 1. Building and Site Plan Review: The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits; and the final location or placement of any fire hydrants or other fire-related building code items shall be reviewed and approved by the Fire Inspector. a.Any major changes or modifications made to this Site and Building Plan can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. b.The Applicant should evaluate whether angled parking along the north end of the parking lot (west of proposed porte-cochère) would allow for more intuitive traffic circulation. i. The driving aisle west of the porte-cochère shall maintain the same direction as traffic under porte-cochère. Directional signage is to be installed as part of this condition. c.The Applicant shall work with the City/Fire Department to address installation of fire hydrants where necessary and maximum distance requirements so as to meet code requirements. d.The Applicant shall verify that the proposed building and site has met City Code requirements. e. A pre-construction conference shall be held with City staff and other entities designated by the City prior to issuance of a Building Permit. 2. Agreements: a.The Property Owner/Developer shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards comprehended under this Site and Building Plan. b.The Applicant shall adhere to the maximum occupancies outlined in the submitted plans in order to conform with maximum allowable parking on site of the Subject Property. Should issues arise concerning clientele parking on City streets or adjacent parking lots, staff may request the Applicant complete a Travel Demand Management Plan. c. The Developer shall submit an as-built survey of the Subject Property, as well as any improvements and utility service lines, prior to release of the performance guarantee. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated March 5, 2018 (Exhibit E): a. Final grading, drainage, utility, irrigation, erosion control, and as-built plans, and any other site engineering related issues are subject to review and approval by the City Engineer prior to the issuance of permits. 4. Fire Inspector Review: The Applicant agrees to comply with all conditions or provisions required RESOLUTION NO. 2018-64 per Fire and Building Code. These include, but are not limited to: a.Installation of a Knox-Box on the north end of the building to allow for emergency access to the proposed riser/utility room. b.Removal of existing conifers along the north end of the building as specified by the Fire Inspector upon visit to the site in January 2018. This is to allow for emergency access to the proposed riser/utility room. c.Compliance with minimum height and width requirements for the as proposed porte- cochère. d.Verification of minimum turn-radius required for fire truck apparatus as part of parking lot approval. 5. Construction Standards: a.Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department. b.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 6. Facilities and Equipment: a.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements. b.Any outdoor enclosures shall be constructed with materials that are complementary to the principal building. c.The maximum level of 10-foot candles or less will be maintained at the property line for lighting in accordance with Section 35-712 (Lighting) of the City Zoning Ordinance. d.The Applicant shall furnish fixture specifications and imagery of proposed light installations as part of the Building Permit submittal. Landscaping: a.All landscaped areas, including street boulevards, shall include approved irrigation systems to facilitate site maintenance. Per Sheet LI .0 (Landscape Plan), the "entire site shall be fully irrigated. The contractor shall submit irrigation shop drawings for review and approval by the landscape architect prior to installation." b.Irrigation shop drawings shall be provided to the City for review and approval prior to installation. 8. Signage: The Applicant shall submit a Building Permit application for any proposed signage as part of the development proposal. Signage is subject to the provisions of Chapter 34 (Sign Ordinance). RESOLUTION NO. 2018-64 March 26, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Thn WiJ]sn, MVquita Rider, Prfl Gra, Kris t -?rxersn, Can Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted.