HomeMy WebLinkAbout2010 11-10 PCP PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
NOVEMBER 10, 2010
REGULAR SESSION
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Minutes — October 28, 2010
4. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is to
hold public hearings. In the matters concerned in these hearings, the Commission makes
recommendatio n s to t Y Y he City Council. The City Council makes all final decisions in
these matters.
5. Items related to the redevelopment of the Brookdale Mall properties:
a. Review of Section 35 -355, Planned Unit Development
b. Review of the PUD amendment application and discussion on scheduling the
preliminary plat and 1 St phase site plan reviews.
6. Commissioner Term Expiration /Reappointments
- Sean Rahn
- Kara Kuykendall
- Stan Leino
7. Other Business
8. Ad j ournment
To: Members of the Planning Commission
From: Gary Eitel, Planning Commission Secretary
Date: November 9, 2010
Subject: Discussion Items for November 10, 2010 Planning Commission Meeting
Item No. 5a — Review of the PUD Ordinance
The fallowing identifies the sections of the PUD provisions of the Zoning Ordinance related
to commercial developments and highlights the relative information that will be considered
with the proposed amendment to the Brookdale PUD /Shingle Creek Crossing Development
plans.
(I believe this review will also be a helpful exercise and assist in processing a future
application by Max Sun Foods to divide off the former Hollywood Video store at 63 rd
Avenue and Brooklyn Boulevard.)
Section 35 -355. PLANNED UNIT DEVELOPMENT.
Subdivision 1. Purpose.
The purpose of the Planned Unit Development (PUD) district is to promote flexibility in
land development and redevelopment, preserve aesthetically significant and
environmentally sensitive site features, conserve energy and ensure a high quality of
design.
Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations.
a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD"
followed by the alphanumeric designation of the underlying zoning district
which may be either the prior zoning classification or a new classification. In
cases of mixed use PUDs, the City Council shall, whenever reasonably
practicable, specify underlying zoning classifications for the various parts of
the PUD.
In 195 the City Council adopted Resolution No. 99 -37 which changed the C -2 commercially
zoned properties ( Brookdale) to PUDIC -2.
b. Regulations governing uses and structures in PUDs shall be the same as those
governing the underlying zoning district subject to the following:
1. Regulations may be modified expressly by conditions imposed by the
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Page 1
Council at the time of rezoning to PUD.
2. Regulations are modified by implication only to the extent necessary to
comply with the development plan of the PUD.
The Resolution establishing this PUD modified the following regulations for this PUD:
- Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 % ft.
decorative masonry waA
- Allowed 4.5 parking spaces per 1,000 sq. ft. of gross leasable area.
- Allowed 60 ft. wide parking dimensions for standard 90 degrees parking and aisle
width.
- Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100.
- Allowed an increase of 15 percent to 20 percent restaurant use without requiring
additional parking.
Subdi 3. Development Standards.
a. A PUD shall have a minimum area of one acre, excluding land included
within the floodway or flood fringe overlay districts and excluding existing
rights -of -way, unless the City finds that at least one of the following
conditions exists:
The property size /area included in the amendment is 68.65 acres.
c. Setbacks, buffers and greenstrips within a PUD shall be consistent with
Section 35 -400 to 35 -414 and Section 35 -700 of this ordinance unless the
developer can demonstrate to the City's satisfaction that a lesser standard
should be permitted with the addition of a screening treatment or other
mitigative measures.
The building and parking setbacks for a C -2 zoning district are
Building Front 35 ft/25 ft corner lot
Building Side ]Oft.
Building Rear 40 ft.
Parking 15 ft.
d. Parking provided for uses within a PUD shall be consistent with the parking
requirements contained in Section 35 -704 of this ordinance unless the
developer can demonstrate to the City's satisfaction that a lesser standard
should be permitted on the grounds of the complementarity of peak parking
demands by the uses within the PUD. The City may require execution of a
restrictive covenant limiting future use of the property to those uses which
will continue this parking complementarity, or which are otherwise approved
11 -10 -10 Planning Commission Memo
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by the City.
Parking setbacks along Xerxes Avenue and a portion of Bass Lake Road were reduced to S ft.
with the provision of a screening wall. The parking standards for this PUD were established
at 4.5per 1,000 sq. ft. vs. the 5.5 per 1,000 sq. ft. of gross floor area of the zoning ordinance.
Subdi 4. General Standards.
a. The City may allow more than one principal building to be constructed on
each platted lot within a PUD.
c. A PUD may only contain uses consistent with the City's Comprehensive Plan.
d. All property to be included within a PUD shall be under unified ownership or
control or subject to such legal restrictions or covenants as may be necessary
to ensure compliance with the approved development plan and site plan.
The property included in the amendment is under control of Gatlin Development Company
and the balance of the 1999 PUD properties are under the legal restrictions (covenants and
declarations) of the 1999 PUD.
e. The uniqueness of each PUD requires that specifications and standards for
streets, utilities, public facilities and the approval of land subdivision may be
subject to modifications from the City ordinances generally governing them.
The City Council may, therefore, approve streets, utilities, public facilities and
land subdivisions which are not in compliance with usual specifications or
ordinance requirements where it is found that such are not required in the
interests of the residents or of the City, except that these subdivisions and
plans must be in conformance with all watershed, state, and federal storm
water, erosion control, and wetlands requirements.
Subdi 5. Application and Review.
a. Implementation of a PUD shall be controlled by the development plan. The
development plan may be approved or disapproved by the City Council after
evaluation by the Planning Commission.
Submission of the development plan shall be made to the Director of Planning
and Inspection on such forms and accompanied by such information and
documentation as the City may deem necessary or convenient, but shall
include at a minimum the following:
1. Street and utility locations and sizes;
2. A drainage plan, including location and size of pipes and water storage
areas;
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3. A grading plan, including temporary and permanent erosion control
provisions;
4. A landscape plan;
5. A lighting plan;
6. A plan for timing and phasing of the development;
7. Covenants or other restrictions proposed for the regulation of the
development;
8. A site plan showing the location of all structures and parking areas;
9. Building renderings or elevation drawings of all sides of all buildings to be
constructed in at least the first phase of development; and
10. Proposed underlying zoning classification or classifications.
Such information may be in a preliminary form, but shall be sufficiently
complete and accurate to allow an evaluation of the development by the City.
b. The Planning Commission shall hold a public hearing on the development
plan. Notice of such public hearing shall be published in the official
newspaper and actual notice shall be mailed to the applicant and adjacent
property owners as required by Section 35 -210 of this ordinance. The
Planning Commission shall review the development plan and make such
recommendations as it deems appropriate regarding the plan within the time
limits established by Section 35 -210 of this ordinance.
A public hearing is scheduled for December 2, 2010 and notices will be sent to property
owners within 350 ft. of the development.
The zoning ordinance provides the Planning Commission up to 60 days from the submittal
date to complete their review and forward a recommendation to the City Council (15.99, 2010
MN Statutes). Note: The State law has established a time limit deadline of 60 days and
includes the provision for an extension of this period providing a written notice, with reasons
for the extension and anticipated length, is provided to the applicant. This extension may not
exceed 60 days unless approved by the applicant.
c. Following receipt of the recommendations of the Planning Commission, the
City Council shall hold such hearing as it deems appropriate regarding the
matter. The City Council shall act upon the development plan within the time
limits established by Section 35 -210 of this ordinance.
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The zoning ordinance provides the City Council 48 days from the date of the Planning
Commission recommendation to make a final decision. The total time period from the date of
referral to the Planning Commission is a maximum of 108 days.
Approval of the development plan shall constitute rezoning of the property to
PUD and conceptual approval of the elements of the plan. In addition to the
guidelines provided in Section 35 -208 of this ordinance, the City Council shall
base its actions on the rezoning upon the following criteria:
1. Compatibility of the plan with the standards, purposes and intent of
this section;
2. Consistency of the plan with the goals and policies of the
Comprehensive Plan;
3. The impact of the plan on the neighborhood in which it is to be
located; and
4. The adequacy of internal site organization, uses, densities, circulation,
parking facilities, public facilities, recreational areas, open spaces, and
buffering and landscaping.
The findings will be included in both Planning Commission and City Council resolutions in
addition to special conditions of approval for the general development plan.
The City Council may attach such conditions to its approval as it may
determine to be necessary to better accomplish the purposes of the PUD
district.
d. Prior to construction on any site zoned PUD, the developer shall seek plan
approval pursuant to Section 35 -230 of this ordinance. In addition to the
information specifically required by Section 35 -230, the developer shall
submit such information as may be deemed necessary or convenient by the
City to review the consistency of the proposed development with the
approved development plan.
The plan submitted for approval pursuant to Section 35 -230 shall be in
substantial compliance with the approved development plan. Substantial
compliance shall mean that buildings, parking areas and roads are in
essentially the same location as previously approved; the number of
dwelling units, if any, has not increased or decreased by more than 5
percent; the floor area of nonresidential areas has not been increased or
decreased by more than 5 percent; no building has been increased in the
number of floors; open space has not been decreased or altered from its
original design or use, and lot coverage of any individual building has not
been increased or decreased by more than 10 percent.
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e. Prior to construction on any site zoned PUD, the developer shall execute a
development agreement in a form satisfactory to the City.
The City has used the recording of a Declaration of Covenants and Restrictions, which
includes the Council approval resolution, the general development plan, and when available,
the site plan drawings and exhibits, as the PUD development agreement.
f. Applicants may combine development plan approval with the plan
approval required by Section 35 -230 by submitting all information
required for both simultaneously.
This arplication is being processed in the following manner:
I s ` — PUD — general development plan
2nd — Preliminary Plat
3rd — Site Plan review
g. After approval of the development plan and the plan approval required by
Section 35 -230, nothing shall be constructed on the site and no building
permits shall be issued except in conformity with the approved plans.
h. If within 12 months following approval by the City Council of the
development plan, no building permits have been obtained or, if within 12
months after the issuance of building permits no construction has
commenced on the area approved for the PUD district, the City Council
may initiate rezoning of the property.
i. Any major amendment to the development plan may be approved by the
City Council following the same notice and hearing procedures specified
in this section. An amendment shall be considered major if it involves any
change greater than that permitted by Subdivision 5d of this section.
Changes which are determined by the City Council to be minor may be
made if approved by the Planning Commission after such notice and
hearing as may be deemed appropriate by the Planning Commission.
The removal of 750,000 sq. ft. of the mall and replacement with approximately 3 70, 000 sq. ft.
of a multiple building /open air community shopping center is a major plan amendment to the
1999 A?'UD.
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Item No. 5 b. — Review of the PUD amendment application and discussion on scheduling
the preliminary plat and 1 St phase site plan review.
I would like to discuss the attached schedule with the Planning Commission, which includes a
second Planning Commission meeting in December (December 16, 2010) to hold a public
hearing, for the Preliminary Plat and approve a resolution forwarding your recommendations on
the PUD to the City Council for their January 10, 2011 meeting.
The review of the site plans for first phase development would occur on January 13, 2011 after
the City Council's acceptance of the PUD and Preliminary Plat.
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010 ® Cit Brooklyn Center (Brookdale PUD)
S M T W T F S �' y
1 2 3 4 5 6 Planning Commission And City Council
7 8 9 1 11 12 13 Proposed Meeting Dates
November 10, 2010
14 15 16 17 18 19 20 PUD Review
Planning Commis�n
21 22 23 24 25 26 27 November 22, 2010
Review economic assistance options /Tax Increment Financing
28 29 30 City Council
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S M T W T F S December 2, 2010 public Hearing on PUD amendment
1 2 3 4 Planning Commission
December 13, 2010 1 Schedule public hearing on TIF & Vacation of Easements
5 6 7 8 9 10 11 City Council (30 da notice) _
12 13 ` 14 15 16 17 18 December 16; 2010 PUD — Adapt P unning Commission Resolution
19 20 21 22 23 24 25 Planning Commission Preliminary Plat Public Hearing
26 27 28 29 30 31
JANUARY 2011
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S M T W T F S - - - - -- -- — — - -- - - - - --
1 January 10, 2011 j Public Hearing on Easement Vacation, review Planning
City Council Commission recommend on PUD and Preliminary Plat.
2 3 4 5 6 7 8 January 13, 2011 Site and Building Plan Review & TIF /Comptehensive Plan
9 1 n 11 1? 11, 14 1 , Plannine Commission Resolution
16 17 18 19 20 21 22 January 24, 2011 TIF Public Hearing
City Council Adopt Resolution for PUD & Site Plan approvals
23 24 25 26 27 28 29 Jan y 27, 2 1
30 31 Planning Coission
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M E E T I N G D E T A I L S
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12 February 14, 2011 Final Plat Review and Approval
13 14 15 16 17 18 19 City Council
20 21 22 23 24 25 26
27 28
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