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HomeMy WebLinkAbout2020-071 CCRMember Elliott introduced the following resolution and moved its adoption: RESOLUTION NO.2020-071 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO.2020-007 FOR SITE AND BUILDING PLAN AND PLANNED UNIT DEVELOPMENT AMENDMENT APPROVALS FOR THE SUBJECT PROPERTY LOCATED AT 2590 FREEWAY BOULEVARD AND KNOWN COMMONLY AS JAMNIIN' WINGS RESTAURANT WHEREAS, Planning Commission Application No. 2020-007, submitted by Wayne Brown of W K Brown, LLC ("the Applicant"), requests review and consideration for approval of a'site and building plan and amendments to the Planned Unit Development (PUD) for the property located at 2590 Freeway Boulevard and known commonly as Jammin' Wings Restaurant ("the Subject Property"); and WHEREAS, the Subject Property is currently . zoned PUD/I1 (Planned Unit Development/Industrial Park) District; and WHEREAS, the submittal contemplates the expansion and re -branding of an existing restaurant space to accommodate a new three story, approximately 14,000 square foot restaurant with event center and related site improvements; and WHEREAS, the Subject Property was originally developed under Planning Commission Application No. 96012, which approved the re -zoning of a 13.09 acre site from I1 (Industrial Park) District to PUD/I1, and approved a site and building plan to develop an 85-room Country Inn and Suites Hotel (2550 Freeway Boulevard), a TGI Friday's restaurant ("the Subject Property"), and a second restaurant on the east side of the Country Inn and Suites that was never constructed (2500 Freeway Boulevard), and which currently serves as an overflow lot for BAPS, located to the east at 2300 Freeway Boulevard; and WHEREAS, the original approvals noted that, up until 1990, restaurants and hotels were acknowledged as special uses in the I1 zoning district; however, due to concerns relating to the Special Use Permit process and its ability to protect the interest and concerns of the City, the Planned Unit Development process, which was established during this time, was determined to be the appropriate process for considering any uses other than light industrial and/or service and office land uses within the I1 zoning district; and WHEREAS, it was acknowledged in the original approval process for the Subject Property and two adjacent PUD properties that, while the aforementioned properties were not necessarily unsuited for light industrial use, it was long believed that these properties would be better suited for a more intense development due to its visibility and access off the freeway; and WHEREAS, the Subject Property has functioned as a TGI Friday's (restaurant), Oak City Sports Tavern (restaurant), and since 2013 as Jammin' Wings (restaurant); and WHEREAS, on August 13, 2020, the Planning Commission of the City of Brooklyn Center, Minnesota received and reviewed a planning report for the proposed expansion and re -branding of the existing restaurant space into a new restaurant concept and event center with related site improvements on the approximately 3.96 acre Subject Property; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a RESOLUTION NO.2020-071 duly noticed and called public hearing on August 13, 2020, whereby a planning staff report was presented and public testimony regarding the proposal were received. Notice of such public hearing was published in the official newspaper and notices were mailed to adjacent property owners as required by City Code, and notification signage was installed on the Subject Property; and WHEREAS, City staff reviewed the existing Joint Access and Parking Easement Agreement between the Subject Property and adjacent Country Inn and Suites to determine whether sufficient parking was available under the agreement, which allows for reciprocal use of parking and access facilities between properties, but does not include the third property under the PUD (2500 Freeway Boulevard), and found that the Applicant will need to either reduce the overall seating occupancy, or provide an operational plan to ensure minimum parking needs are met for the Subject Property and adjacent Country Inn and Suites (2550 Freeway Boulevard); and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the requests in light of all testimony received, the guidelines and standards for evaluating site and building plans under Chapter 35 (Zoning) and specifically Section 35-230 (Plan Approval), and Planned Unit Developments as contained in Section 35-355 (Planned Unit Development) of the City's Zoning Code, including compliance with the guidelines for PUDs, and the request generally complies with the general goals and objectives of the City's 2040 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2020-007, submitted by Wayne Brown of W K Brown LLC, be approved based upon the findings of fact in the August 13, 2020 planning report and submitted plans, as amended by the following conditions of approval: 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 Planned Unit Development and Site and Building Plan as approved by the City Council. i. The site plan shall be updated to reflect building setbacks, the inclusion of the property line for the BAPS overflow lot located at 2500 Freeway Boulevard, a revised parking count, and the removal of spaces from the BAPS overflow lot for clarity, as the property is not included in the Joint Access and Parking Easement Agreement. b. The Applicant shall comply with any and all conditions as outlined by Building Official in the memorandum dated August 5, 2020. c. Applicant shall revise architectural renderings to reflect breakdown of Class I and Class II building materials per each elevation. d. All conditions of approval as addressed under City Council Resolution No. 96-155 (Resolution Regarding Disposition of Planning Commission Application No. 96012 Submitted by T. G.I. Fridays, Inc.), and approved on August 12, 1996, are to remain in effect. 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/Applicant shall execute a separate Performance Agreement with supporting financial guarantee approved by the City, which ensures the Subject Property RESOLUTION NO.2020-071 will be constructed, developed, and maintained in conformance with the plans, specifications, and standards comprehended under this site and building plan approval. b. The Applicant shall work with the City and City Attorney's office to amend any PUD/development agreements on file for the Subject Property. Any required amendments shall be addressed and recorded prior to the release of any buildingpermits. c. The Property Owner/Applicant 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 Agreement financial guarantee. d. The Applicant shall apply for and maintain a second City liquor license for the separate uses. e. The Applicant and City shall determine necessity of a separate Entertainment License as outlined under Chapter 23 of the City Code. Irrespective of the necessity for said license, the Applicant shall provide documentation as required for issuance of an Entertainment License as part of any building permit submittal and as a stipulation of approval of the amendment to the Planned Unit Development, and operate subject to the same standards and regulations. f. The Applicant shall work with the Brooklyn Center Police Department to address comments and recommendations outlined in the safety and security assessment memorandum prepared by Becky Boie, Crime Prevention Specialist, on September 3, 2020. 3. Engineering Review: The Applicant agrees to comply with all conditions or provisions noted in the City Engineer's Review memorandum, dated July 31, 2020, including: 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. b. Provide a traffic memo highlighting and documenting anticipated traffic generated by the proposed site and discussion of the parking needs on a daily use and parking for events. Said plan should also outline operational strategies to ensure maximum available parking is not exceeded and does not negatively impact adjacent uses and properties. c. A construction management plan and agreement is required with a separate deposit required to address any non-compliance. d. No work shall be conducted on the proposed pond overlook until the Applicant provides sufficient documentation to the City and Shingle Creek Watershed Commission to ensure said improvements will not impact existing wetlands and meet all requirements under the Wetland Conservation Act for work within a pond. 4. 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 Applicant shall furnish fixture specifications and a photometric plan as part of the Building Permit submittal and comply with all City Code provisions as addressed under Section 35-712 (Lighting). Applicant shall ensure adequate lighting is present throughout the parking lot and in proximity to all points of entrance and exit, and ensure any lighting is not in conflict with the adjacent hotel use. 5. Landscaping: a. The Applicant shall furnish an updated copy of the landscape plan approved under Planning Commission Application No. 96012. Said plan shall address any missing, RESOLUTION NO.2020-071 required plantings and proposals for replacement. All new plantings shall meet the minimum caliper and height requirements as outlined in the City's Landscape Point System Policy. 6. Signage: The Applicant shall submit a Building Permit application for any proposed signage, including, but not limited to the dynamic messaging sign, wall, and canopy signage. Signage is subject to the provisions of Chapter 34 (Sign Ordinance); however, the Applicant shall be allotted up to 200 square feet for a dynamic messaging sign subject to providing a certain percentage of screen time for public messaging and alerts. No off -site advertising is permitted. September 14, 2020 Date ATTEST:humazw&( City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Graves and upon vote being taken thereon, the following voted in favor thereof: Butler, Elliott, Graves, Lawrence -Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.