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HomeMy WebLinkAbout2023-066 CCRMember Jerzak introduced the following resolution and moved its adoption: RESOLUTION NO. 2023-66 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO.2023-002 SUBMITTED BY LA PALMA PROPERTIES II LLC FOR APPROVAL OF AN AMENDMENT TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT AND APPROVAL OF A SITE AND BUILDING PLAN FOR AN APPROXIMATELY 2,678-SQUARE FOOT RESTAURANT AND DRIVE- THRU ON BUILDING SITE R WITHIN THE SHINGLE CREEK CROSSING PUD (1340 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2023-002, submitted by La Palma Properties II LLC ("the Applicant") requests review and consideration for approval of an amendment to the 2011 Shingle Creek Crossing Planned Unit Development plans and documents to allow for construction of an approximately 2,678-square foot restaurant and drive-thru on the approximately 1.03-acre Building Site R located within the Shingle Creels Crossing Planned Unit Development and commonly addressed as 1340 Shingle Creek Crossing ("the Subject Property"); and WHEREAS, the Subject Property is situated in the PUD/C2 (Planned Unit Development/Commerce) District, and the underlying C2 (Commerce) District was effectively removed from the City's new Unified Development Ordinance, which became effective in January 2023; and WHEREAS, the City's new Unified Development Ordinance contains provisions under Section 35-2103.e (General Use Regulations) for those Planned Unit Developments established prior to adoption of the new code in that, "Planned Unit Developments, and parcels zoned as a Planned Unit Development, in accordance with prior zoning regulations, shall remain subject to any and all agreements, conditions, and standards applicable to the Planned Unit Development," and "amendments shall be processed in accordance with the procedures identified for Planned Unit Developments in this UDO;" and WHEREAS, City staff discussed the necessity of a separate use permit for the proposed drive-thru use, as was stipulated in the prior zoning regulations for the underlying C2 District, and as a proactive measure a public hearing notice was published in the Brooklyn Center Sun Post on April 27, 2023, mail notifications were sent to surrounding properties, and development proposal signage was installed on the Subject Property; and WHEREAS, it was ultimately determined that the request to amend the 2011 Shingle Creek Crossing Planned Unit Development plans and documents sufficiently addressed the request RESOLUTION NO.2023-66 for deviation from the approvals outlined under City Council Resolution Nos. 2014-075, 2014-076, and 2014-077 for Building Site R, which outlined an approximately 5,400-square foot restaurant pad site; and WHEREAS, similar amendments to the 2011 Shingle Creek Crossing Planned Unit Development for restaurant and drive-thru uses include Building Site B (1480 Shingle Creek Crossing), Building Site C (1520 Shingle Creek Crossing), and an earlier site and building plan approval for Building Site T (1330 Shingle Creek Crossing); and WHEREAS, the City Council of the City of Brooklyn Center has amended the Shingle Creek Crossing Planned Unit Development numerous times since the adoption of City Council Resolution No. 2011-85, which was the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development and established the new Shingle Creek Crossing Planned Unit Development, Master Plan, and certain allowances and development standards that would govern over the PUD; and WHEREAS, the proposal as contemplated under Planning Commission Application No. 2023-002 comprehends additional adjustments to the 2011 Shingle Creek Crossing Planned Unit Development Master Plan and Agreements that are considered a major amendment to the 2011 Shingle Creek Crossing Planned Unit Development as outlined under Section 35-8306 (PUD Amendments), including a ten (10) percent or greater change in the floor area in any one (1) structure; and WHEREAS, the additional modifications to the Subject Property's parking spaces, provision for a drive-thru, and request to adhere to the underlying C2 (Commerce) District signage provisions as opposed to the adopted 2011 Shingle Creek Crossing Signage Guidelines, all require approval of an amendment to the 2011 Shingle Creek Crossing Planned Unit Development plans and documents; and WHEREAS, the Planning Commission of the City of Brooklyn Center held a duly called public hearing on May 11, 2023, whereby a staff report and Assistant City Engineer's memorandum were presented, and public testimony regarding the requested amendments to the 2011 Shingle Creels Crossing Planned Unit Development and site and building plan for the approximately 2,678-square foot restaurant and drive-thru for the Subject Property known as Building Site R within the Shingle Creek Crossing Planned Unit Development and commonly addressed as 1340 Shingle Creek Crossing were received and considered by the Planning Commission; and WHEREAS, the Planning Commission of the City of Brooklyn Center considered the aforementioned requests in light of all testimony received, including the guidelines for evaluating the aforementioned requests as contained in Section 35 of the City's Code, and more specifically Sections 35-2103.e (General District Regulations -Existing Planned Unit Developments), 35-7600 (Site & Building Plan Approval), 35-8306 (PUD Amendments), the 2011 RESOLUTION NO. 2023-66 Shingle Creek Crossing Architectural and Signage Guidelines, and in consideration of the goals and objectives of the City's 2040 Comprehensive Plan; and WHEREAS, the Planning Commission of the City of Brooklyn Center considers the amendment to the 2011 Shingle Creek Crossing Planned Unit Development and site and building plan requests to be an appropriate and reasonable request to the currently vacant Subject Property; and WHEREAS, the Planning Commission of the City of Brooklyn Center finds the submitted plans for the Subject Property to be consistent with the General Development Plans for the overall Shingle Creek Crossing Planned Unit Development and intended use of the Subject Property, as it remains in general alignment with the plans last approved for Building Site R in 2014, which relocated the building from the middle of the parking lot and instead oriented the building to run parallel with Xerxes Avenue North, which at the time was supported by City staff for its greater walkability. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that the requested amendment to the 2011 Shingle Creek Crossing Planned Unit Development plans and documents and site and building plan, as contemplated under Planning Commission Application No. 2023-002, be approved based subject to the considerations as outlined under Sections 3 5-7604 (Site and Building Plan Approval Criteria) and 35-8304 (PUD Criteria), and subject to the following conditions: 1. Any major changes or modifications made to the approved Planned Unit Development and site and building plan can only be made by an amendment, and as approved by the City Council. 2. The Applicant agrees to comply with all conditions or provisions noted in the Assistant City Engineer's review memorandum, dated April 26, 2023, and revise plan sets as necessary. Final grading, drainage, utility, and erosion control plans and any other site engineering related issues are subject to review and approval by the Assistant City Engineer, and prior to issuance of permits. 3. Building plans are subject to review and approval by the Building Official, and with respect to all applicable codes prior to the issuance of permits; and the final location or placement of any fire access or fire -related building code items shall be reviewed and approved by the Fire Inspector. a. A fire sprinkler system is required to be installed and shall be maintained and monitored on a consistent basis per City Code requirements. b. A SAC Determination shall be submitted by the Applicant to the Metropolitan Council and any associated fees paid at time of any permit issuance. c. Any reviews and approvals by the Hennepin County Health Department for the restaurant use. RESOLUTION NO. 2023-66 4. The photometric plan, last updated April 25, 2023, shall be revised to comply with the illumination standards as detailed within Section 35-5400 (Exterior Lighting) of the City Code. 5. The Applicant shall install irrigation systems where necessary to facilitate maintenance of site landscaping and green areas, and irrigation shop drawings shall be submitted for review and approval prior to installation. 6. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per the 2011 Shingle Creek Crossing Architectural Guidelines and City Code requirements, and a detail sheet provided. 7. Unless amended otherwise or under separate agreement, all existing provisions, standards, and variations provided under the 2011 Shingle Creels Crossing Development and any subsequent amendments shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. i. The Shingle Creek Crossing Planned Unit Development master plans and agreements shall be amended in advance of permit issuance to reflect the approximately 2,678-square foot restaurant and drive-thru on what is known as Building Site R within the Shingle Creek Crossing shopping center. ii. An allowance for Building Site R to comply with the wall and monument/freestanding signage provisions outlined within the City Code for the underlying C2 (Commerce) District, as opposed to the approved 2011 Shingle Creek Crossing Signage Guidelines. 8. A Performance Agreement with supporting financial guarantee approved by the City shall be executed upon any approval of the to -be submitted building permit for site improvements, which ensures the Subject Property will be constructed, developed, and maintained in conformance with the plans, specifications, and standards. May 22, 2023 Date Mayor ATTEST: City Clerk 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, Graves, Kragness and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.