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HomeMy WebLinkAbout2024-41 CCRMember Jerzak introduced the following resolution and moved its adoption: RESOLUTION NO. 2024-41 RESOLUTION REGARDING THE RECOMMENDED APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2024-002 SUBMITTED BY ICON LLC FOR AN AMENDMENT TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT AND A MAJOR SITE AND BUILDING PLAN AMENDMENT FOR AN APPROXIMATELY 7,322- SQUARE FOOT FORMER DISCOUNT TIRE ON BUILDING SITE A TO AN ICON BEAUTY RETAIL STORE WITHIN THE SHINGLE CREEK CROSSING SHOPPING CENTER (1450 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2024-002, submitted by Icon 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 the conversion of the approximately 7,322-square foot former Discount Tire on Building Site A located within the Shingle Creels Crossing Planned Unit Development and commonly addressed as 1450 Shingle Creek Crossing ("the Subject Property") to a beauty and cosmetics retail store; 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, retail uses were identified as a permitted use within the underlying C2 (Commerce) District; and WHEREAS, the City Council of the City of Brooklyn Center has amended the Shingle Creels 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. 2024-002 comprehends additional adjustments to the 2011 Shingle Creek Crossing Planned RESOLUTION NO. 2024-41 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 proposal further contemplates interior modifications to the overall floor area of the existing building in excess of 25-percent, which triggers a major amendment to the approved site and building plan as outlined under Section 35-7605 (Amendments); and WHEREAS, a public hearing notice was published in the Brooklyn Center Sun Post on February 29, 2024, and mail notifications were sent to surrounding properties; and WHEREAS, the Planning Commission of the. City of Brooklyn Center held a duly called public hearing on March 14, 2024, whereby a staff report, and Building Official and Assistant City Engineer's memorandums were presented, and public testimony regarding the requested amendments to the 2011 Shingle Creek Crossing Planned Unit Development and site and building plan for the conversion of the approximately 7,322-square foot former Discount Tire, which closed in August 2022, to a beauty and cosmetics retail store, for the Subject Property known as Building Site A within the Shingle Creek Crossing Planned Unit Development and commonly addressed as 1450 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 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 Creels Crossing Planned Unit Development and major site and building plan requests to be an appropriate and reasonable request to the currently vacant building and 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 Creels 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 A in 2013 under Planning Commission Application No. 2013-017 and City Council Resolution No. 2013-130, as there are no plans for exterior modification to the site with the exception of the removal of the existing three (3) automotive bay doors to accommodate the retail use, and proposed modifications to extend existing curbing and sidewalk. RESOLUTION NO. 2024-41 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 Creels Crossing Planned Unit Development plans and documents and site and building plan, as contemplated under Planning Commission Application No. 2024-002, be approved based subject to the considerations as outlined under Sections 35-7604 (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 site and building plan, and as outlined within the City Code, can only be made by an amendment, as approved by the City Council. The Applicant and Property Owner shall: a. Provide a detail sheet for any proposed new or expanded curbing and private sidewalk areas along the east and south elevations of the building. b. Revise internal pedestrian crossings to provide clearer connections to the building's entrance, where needed. c. Submit a revised site plan or landscape plan with inventory in accordance with the approved 2013 landscape plan and review options for introducing foundational plantings along the east and south elevations of the building. Any missing plantings shall be reviewed for replacements in coordination with City staff. d. Review the existing landscaping located along the west side of the existing trash enclosure to determine the condition of plantings and possible landscaping alternatives to screen the enclosure. e. Irrigation systems shall be maintained regularly where necessary to facilitate the maintenance of existing and any proposed site landscaping and green areas. 2. Unless amended otherwise or under separate agreement, all existing provisions, standards, and variations provided for under the 2011 Shingle Creels Crossing Development and any subsequent amendments shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits, and with respect to the cursory review comments provided in the Building Official's memorandum dated March 4, 2024. 4. The Applicant and Property Owner shall comply with all conditions and provisions as noted in the Assistant City Engineer's memorandum, dated February 27, 2024. 5. Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per Shingle Creels Crossing Architectural Guidelines and City Code requirements. 6. Signage is subject to the provisions outlined within the Shingle Creels Crossing Signage Guidelines and City signage requirements. a. Any proposed signage shall require approval and issuance of a permit in advance of installation. RESOLUTION NO. 2024-41 March 25 2024 Date r ATTEST: City Clerk Mayor Pro Tern The motion for the adoption of the foregoing resolution was duly seconded by member Kragness and upon vote being taken thereon, the following voted in favor thereof: Butler, Jerzak, Kragness, Lawrence -Anderson and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.