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HomeMy WebLinkAbout2007-112 CCRMember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2007-112 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2007-015 SUBMITTED BY BROOKDALE CENTER WHEREAS, City Council Resolution No. 99-37 adopted on March 8, 1999, approved a rezoning from C-2 (Commerce) to PUD/C-2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and southeast by T. H. 100 and on the west and southwest by Xerxes Avenue North; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the for the expansion, redevelopment and rejuvenation of the Brookdale Shopping Center to include the following; 1. The reconfiguration of the west end of the mall including an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat theater; 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for two restaurant sites; 3. An approximate 13,000 sq. ft. addition for general retail use and revised mall entry way along the southerly side of the complex adjacent to the then Dayton's store; 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes Avenue North, northerly of the 56th Avenue entrance to the Brookdale Center; 5. Conceptual approval, subject to further Planning Commission and City Council review and approval, of four additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center; and WHEREAS, most of the above mentioned improvements have been completed with the exception of the above mentioned theater and conceptual approval of the additional buildings to be located around the perimeter of the shopping center; and WHEREAS, Planning Commission Application No. 2007-015 submitted by Brookdale Center seeking a Planned Unit Development Amendment to allow construction of an approximate 184,600 sq. ft. Wal- Mart Supercenter along the northerly side of the Brookdale Shopping Center following the demolition of the existing vacant two story retail building that formerly housed Mervyn's Department Store has been submitted; and WHEREAS, the Planning Commission held a duly called public hearing on August 16, 2007 when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2007-015 by adopting Planning Commission Resolution No. 2007-03 on August 16, 2007; and WHEREAS, the City Council considered Application No. 2007-015 at its August 27, 2007 meeting; and RESOLUTION NO. 2007-112 WHEREAS, the City Council considered this Planned Unit Development Amendment request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35- 355 of the City's Zoning Ordinance, the City's Comprehensive Plan, City Council Resolution No. 99-37 and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Brooklyn Center that Application No. 2007-015 submitted by Brookdale Center be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development Amendment will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Amendment is a reasonable use of the property and will conform with City Ordinance standards and factors contained in City Council Resolution No. 99-37. 4. The Planned Unit Development Amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the city. The Planned Unit Development Amendment appears to be a good utilization of the property under consideration and the redevelopment and rejuvenation of Brookdale Mall are an important long range use for the existing property and are considered to be an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to recommend that Application No. 2007-015 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. All conditions listed in the Public Works Director's memo of August 13, 2007, shall be complied with. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all required site improvements. RESOLUTION NO. 2007-112 4. B618 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment shall be appropriately screened from view. 6. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. An underground irrigation system shall be installed in all new landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance guarantee. 10. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall further assure compliance with the development plans submitted with this application. 11. The plans shall be modified prior to the issuance of building permits to include: a. A combination wrought iron and masonry pier fence along the County Road 10 green strip to direct pedestrian traffic onto the site at appropriate locations. b. An appropriate erosion and sediment control plan to be approved by the City Engineer. C. A photometric plan showing proposed lighting locations and foot candles consistent with Section 35-712 of the City Ordinances. d. Modifications to the site plan to provide appropriate screening of loading facilities and trash containment areas. e. Site plan modifications consistent with the Public Works Director's recommendations in his 8/13/07 memorandum. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 13. The applicant shall provide appropriate erosion control during construction as approved by the City Engineer and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. RESOLUTION NO. 2007-112 14. The applicant shall obtain approval of a Storm Water Management Plan and Erosion Control Plan from the Shingle Creek Watershed Management on the site. The applicant shall submit the application materials to the City Engineering Department to be forwarded to the Watershed Commission. 15. The owners of all parcels being subdivided under Planning Commission Application No. 2007-014 shall enter into a standard agreement for maintenance and inspection of private water main, sanitary sewer and storm drainage systems located with the plat boundary. 16. There shall be no transient overnight parking and/or overnight RV parking anywhere on the Brookdale Mall site. 17. The preliminary plat comprehended under Planning Commission Application No. 2007-014 shall be given final approval by the City Council and filed with Hennepin County prior to the issuance of building permits for this project. 18. No building permits will be issued until the applicant has provided proof, deemed sufficient by the City Attorney, demonstrating sufficient legal restrictions or covenants to assure that future development of the Brookdale Shopping Center properties will not result in a parking lot ratio of under 4.5 spaces per 1,000 square feet of gross leasable space. August 27. 2007 71 Date i 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: Tim Willson, Kay Lasman;. Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.