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HomeMy WebLinkAbout2019-017 CCRMember Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2019-017 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2019-003 SUBMITTED BY MIKE HARRER OF CBRE FOR AN AMENDMENT TO THE 1995 PLANNED UNIT DEVELOPMENT FOR CERTAIN PUD/Il (PLANNED UNIT DEVELOPMENT/INDUSTRIAL PARK) DISTRICT PARCELS LOCATED NORTHWESTERLY OF THE INTERSECTION OF SHINGLE CREEK PARKWAY AND FREEWAY BOULEVARD AND ALLOWANCES FOR AN INDOOR SHOWROOM AND OUTDOOR STORAGE FOR THE PROPERTY LOCATED AT 6601 SHINGLE CREEK PARKWAY WHEREAS, on June 11, 1984, the City Council of Brooklyn Center, Minnesota approved Planning Commission Application Nos. 84009 and 84010, which granted approval for construction of an approximately 70,000 -square foot office -industrial building at 6601 Shingle Creek Parkway and allowed for office tenants and off-site parking through the issuance of a Special Use Permit; and WHEREAS, on July 23, 1984, the City Council of Brooklyn Center, Minnesota adopted City Council Resolution No. 84-112, which approved and authorized the execution of a Declaration of Covenants for the construction of a parking facility on Tract C, R.L.S. 1564 and just to the west of 6601 Shingle Creek Parkway; and WHEREAS, on July 10, 1995, the City Council of Brooklyn Center, Minnesota, adopted City Council Resolution No. 95-157, which approved the rezoning of certain properties from I1 (Industrial Park) and C2 (Commerce) to PUD/I1 (Planned Unit Development/Industrial Park) and the establishment of a Planned Unit Development to accommodate common parking areas for the properties located northwesterly of the intersection of Shingle Creek Parkway and Freeway Boulevard; and WHEREAS, the approval also contemplated agreements for the purpose of creating certain parking, driveway, and access rights for the above -noted properties located northwesterly of the intersection of Shingle Creek Parkway and Freeway Boulevard; and WHEREAS, the approval of the aforementioned resolution outlined conditions and considerations, of which included the execution of the Sixth Amendment to an existing Easement Agreement and Modification of Declaration of Parking that was to be filed with titles to the property with the Registrar of Titles at Hennepin County, and acknowledged specific percentage use allowances for each building located within the Planned Unit Development; and WHEREAS, said Sixth Amendment to the Easement Agreement eliminated the previous requirement for a ramp, as outlined in the adoption of City Council Resolution No. 84- 112; and RESOLUTION NO. 2019-017 WHEREAS, Mike Harrer of CBRE ("the Applicant") has submitted Planning Commission Application No. 2019-003 for an amendment to the 1995 Planned Unit Development plans and documents that would remove the existing percentage use allowance language for each building located within the Planned Unit Development and as identified within City Council Resolution 95-157 to minimize occurrences where amendments to the Planned Unit Development plans and documents would be necessary, and create less hurdles in filling vacancies within these buildings; and WHEREAS, the existing Easement Agreement and Declaration of Parking would remain in effect and serve as the responsible document for regulating parking allocations within the Planned Unit Development; and WHEREAS, as part of Planning Commission Application No. 2019-003, the Applicant also made additional requests to allow for an approximately 12 foot by 20 foot outdoor storage area to store PVC piping supplies and an approximately 8,148 -square foot indoor retail office/showroom to display plumbing fixtures and supplies as part of the intended leasing of approximately 36,000 -square feet of the building located at 6601 Shingle Creek Parkway by the adjacent Hamilton-Hajoca Company, who seeks to expand into the aforementioned space at 6601 Shingle Creek Parkway; and WHEREAS, on January 17, 2019, the Planning Commission of Brooklyn Center, Minnesota held a duly called public hearing, whereby a staff report and public testimony regarding the Amendment to this Planned Unit Development were received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 (Planned Unit Development) of the City's Zoning Ordinance and the City's 2030 Comprehensive Plan; and WHEREAS, in light of all testimony received, the Planning Commission of the City of Brooklyn Center, Minnesota did determine that Planning Application No. 2019-003, submitted by Mike Harrer of CBRE, may be approved based upon the following considerations: 1. The request to amend the 1995 Planned Unit Development plans and documents is compatible with the standards, purposes, and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The amendment to the 1995 Planned Unit Development plans and documents will allow for the continued utilization of the land in question in a manner that is considered compatible with, complementary to, and of comparable intensity to adjacent land uses, as well as those permitted on surrounding land so long as the existing Easement Agreement and Declaration of Parking are maintained and the allowable uses within buildings located in the Planned Unit Development complement the parking allocations provided for each property. The requests to allow for an approximately 12 foot by 20 foot outdoor storage area and RESOLUTION NO. 2019-017 indoor retail showroom should have no negative impacts on the adjacent land uses as the intended space has a current allocation of 177 parking stalls and a projected new employment of four to five full-time employees between the intended tenant space at 6601 Shingle Creek Parkway and the existing Hamilton-Hajoca Company located at 6601 Parkway Circle. The outdoor storage area would be located within an existing mechanical area by the loading docks and would result in no loss to existing parking. 3. The Amendment to the Planned Unit Development proposes no changes to the existing accessibility and circulation to properties located within the underlying Planned Unit Development. 4. The request to remove certain percentage use allowance language from the Planned Unit Development plans and documents appear to be a reasonable and effective means of minimizing amendments to the Planned Unit Development and removing barriers to filling vacancies so long as the uses permitted within the development follow those allowances outlined within the Planned Unit Development and as addressed in the City Zoning Ordinance. 5. The City will require a revised/restated PUD agreement with the City of Brooklyn Center to reflect these and any future approvals, and the Applicant shall work with City staff and the City Attorney to determine whether the existing Easement Agreement and Declaration of Parking (last revised March 27, 1996) requires further amendment to reflect changes to parking allocations, ownership, etc. These documents are to be amended as necessary to keep up-to-date with future changes within the designated central parking area, driveway areas, etc. AND WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota did determine that Planning Application No. 2019-003, submitted by Mike Harrer of CBRE, may be approved based on the belief that the guidelines for evaluating Planned Unit Development Amendments as contained in Section 35-355 (Planned Unit Development) 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 City Council of Brooklyn Center, Minnesota, that Planning Commission Application No. 2019-003, submitted by Mike Harrer of CBRE and requesting approval of an amendment to the 1995 Planned Unit Development plans and documents to reflect the removal of certain percentage use allowance language, the incorporation of an indoor retail showroom, and outside storage area, may be approved subject to the following conditions: 1. PUD Amendment Review: All requested alterations will need to be approved by City staff with respect to applicable codes prior to the issuance of permits, and fire related building code items shall be reviewed and approved by the Fire Chief/Fire Inspector. RESOLUTION NO. 2019-017 a. Any major changes or modifications made to this request can only be made by an amendment to the approved Planned Unit Development plans and documents as approved by the City Council. b. The Applicant/Tenant shall provide sufficient detailing on the proposed outdoor storage enclosure and obtain any necessary building/electrical permits prior to removal of the above ground fuel tank and generator, and construction of the storage area. i. The Applicant/Tenant shall verify with City staff whether additional approvals are needed from the Minnesota Pollution Control Agency for the above ground fuel tank. C. The Applicant shall provide trash enclosures in compliance with City Code requirements as they relate to screening for the trash enclosures located within the loading dock area. Plans detailing proposed construction materials, dimensions, and location shall be provided to City staff. d. The approved amendment to the PUD would supersede and replace the special use permit previously issued for the property. 2. Agreements: a. A revised/restated PUD agreement with the City of Brooklyn Center shall be prepared to reflect these and any future approvals. This agreement is to be reviewed and approved by the City Attorney prior to the issuance of building permits. b. The Applicant shall work with City staff and the City Attorney to determine whether the existing Easement Agreement and Declaration of Parking (last revised March 27, 1996) requires further amendment to reflect changes to parking allocations, ownership, etc. These documents are to be amended as necessary to address the current revisions and to keep up-to-date with future changes within the designated central parking area, driveway areas, etc. 3. City Staff Reviews: The Applicant agrees to comply with all conditions or provisions noted in the Assistant City Engineer's review memorandum, dated January 7, 2019, and Building Official's review memorandum, dated January 10, 2019. RESOLUTION NO. 2019-017 January 28, 2019 Date ATTEST: ftkWk 6A" City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Lawrence -Anderson and upon vote being taken thereon, the following voted in favor thereof- Butler, hereofButler, Elliott, Graves, Lawrence -Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.