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HomeMy WebLinkAbout2011-02 PCR Member Kuykendall introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2011 -02 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -003 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOMPENT COMPANY) WHEREAS, Planning Commission Application No. 2011 -003 submitted by Loren Van Der Slik (For Gatlin Development Company) proposes a Planned Unit Development Amendment to allow the following changes to the Brookdale redevelopment plan: 1. The demolition of approximately 750,000 sq. ft. of the mall including the former J C Penney's, Mervyn's and Macy's stores. 2. The renovation of approximately 122,000 sq. ft. of the mall located north of Sears with architectural changes to provide exterior identity and access while maintaining an indoor mall component. 3. The planned development of a 398,794 sq. ft. of new retail space laid out in a Town Center theme that includes a major anchor retailer with groceries, three junior box retailers, four restaurant pad sites, and six smaller retail sites for retail /service multi - tenant buildings. 4. The day- lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting; and WHEREAS, Resolution No. 99 -37, established a PUD /C -2 zoning classification for the Brookdale properties on March 8, 1999 and included the following modifications to the development standards for the redevelopment of the Brookdale Planned Unit Development: - Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 ' / 2 ft. decorative masonry wall. - 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; and, WHEREAS, Exhibit A, attached to this resolution identifies the commercial uses and intensity of development included in the 1999 PUD application and references the 2004 PUD amendment for a Dairy Queen Chill & Grill, and the 2007 PUD amendment involving the demolition of the Mervyn's site and construction of a 184,000 sq. ft. Super Walmart; and 1 i WHEREAS, the applicant has provided the following PUD plans and exhibits which provide the framework for this Town Center redevelopment to be known as Shingle Creek Crossing: Master Plan, Site Plan, Phasing Plan, Existing Grading Exhibit, Proposed Grading Plan, Storm Sewer Plan, Water Utility Plan, Sanitary Sewer Plan, Lighting Plan, Landscaping Plan, Circulation Exhibit, Shared Parking Exhibit, Exterior Elevations, Shingle Creek Exhibits for DayLighting / Water Features / Bridge Elevation, rendering of the development, Roadway Cross Sections, and Signage Program; and WHEREAS, the proposed Planned Unit Development has been reviewed and found to meet the following PUD criteria for approval of a PUD amendment: 1. The plan is compatible with the standards, purposes and intent of the PUD ordinance; 2. The plan is consistent of the plan with the goals and policies of the Comprehensive Plan; 3. The plan will positively influence /impact the neighborhood in which it is to be located; and 4. The plans and exhibits demonstrates the adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. WHEREAS, the Planning Commission held a duly called public hearing on February 17, 2011, when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received and the provisions of the Planned Unit Development ordinance contained in Section 35 -355 and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2011 -003 submitted by Loren Van Der Slik (for Gatlin Development Company) be approved in light of the following considerations: 1. The Planned Unit Development Amendment proposal is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance and will allow for the redevelopment of a significant portion of the Brookdale Regional Mall site which is considered to be vital to the stabilization of other commercial properties within the community. 2. The Planned Unit Development Amendment proposal will allow for the utilization of the land in question in a manner which is compatible with, 2 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 proposal will conform with city ordinance standards for the most part with the exception of the following allowed variations from the zoning ordinance which are considered reasonable standards to apply to this proposal: • Allow 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3 '/2 ft. high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. • Allows a reduction in the 15 foot parking setback and 35 foot building setback along Bass Lake Road to offset the dedication of additional right of way for the trail improvements to replace the current trail easements. • Allow 4.5 parking spaces per 1,000 sq. ft. of gross leasable retail area and 10 per 1,000 sq.ft. of restaurant area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area and one per two seats and employee on a major shift for restaurants. • Allow the 60 ft. wide parking dimension standard for 90 degree parking rather than the 63 ft. and a 52.5 ft wide parking dimension for 60 degree parking rather than the 57 ft. • Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 and two Town Center identification signs (one additional) along Bass Lake Road and one Town Center identification sign on Xerxes Avenue. • Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. 4. The Planned Unit Development Amendment proposal is considered compatible with the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development Amendment appears to be a good utilization of the property under consideration and the Shingle Creek Crossing redevelopment and is considered to be an asset to the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that approval of Application No. 2011 -003 be subject to the following conditions and considerations: 3 1. Final site plan review by the Planning Commission and approval by the City Council in accordance with Section 35 -230 Plan Approval of the Zoning Ordinance to include but not necessarily limited to parking, building placement, access, internal circulation, pedestrian walkways, site lighting, landscaping, utility connections, architectural treatment, and building signage. 2. Final review and approval of architectural review guidelines and standards of the Planned Unit Development Plans and Exhibits. 3. The removal of the Kohl's site from this PUD application with understanding that the site remains under the provisions of the 1999 PUD standards until such time as a PUD amendment is processed to include the site into the overall Shingle Creek Crossing PUD. 4. Review and approval of storm water management and drainage conceptual improvements by Shingle Creek Watershed Management Commission with final approval before the issuance of demolition and building permits. 5. Review and approval of the proposed intersection improvements at Shingle Creek Parkway and Bass Lake Road by Hennepin County. 6. Review and approval of the necessary grading plans, water and sanitary sewer utility plans, storm water management and erosion control plans, and intersection designs by the City Engineer as a condition to the issuance of permits for construction, grading, or demolition. 7. The applicant shall enter into a PUD development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney. Said agreement shall acknowledge the various modifications to City ordinances, the PUD requirements for site plan review, the framework of the PUD (Development Plans and Exhibits), cross parking and access agreements, responsibilities for private infrastructure and roadways, and conditions of approval to assure compliance with the approved development plans. 3-10-11 d-,e4,z Date Chair ATTEST: Secr ry The motion for the adoption of the foregoing resolution was duly seconded by member Morey and upon vote being taken thereon, the following voted in favor thereof: I Chair Sean Rahn, Commissioners Kuykendall, Leino, Morey, Parks and Schonning. i and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 4 Planning Commission Resolution No. 2011 -02 Exhibit A On March 8, 1999, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 99 -37 which approved the Planned Unit Development/Rezoning application to change the zoning of the Brookdale Mall properties from C -2 (Commerce) District to PUD /C -2. The 1999 PUD development plans provided for the expansion, redevelopment and rejuvenation of Brookdale Center and included the following components: - the reconfiguration of the west end of the mall to include an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat movie theater; - a 13, 200 sq. ft. addition to the north entrance to the mall for two restaurant sites and a new food court; - 13,000 sq. ft. addition for general retail use and revised entry way along the southerly side of the complex; - a 4,650 sq. ft. freestanding Applebee's restaurant; and - conceptual approval for three other buildings shown on the plan as buildings No. 3 (west of the Northway entrance onto Bass Lake Road) and 4 and 5 ( adjacent to the eastern entrance service road), subject to review and approval in the form of a PUD amendment by the Planning Commission and City Council; and - the following PUD adjustments to the C -2 development standards were part of the 1999 PUD Development Plan: - Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 '/2 ft. decorative masonry wall. - 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. On July 26, 2004 the City Council accepted the Planning Commission recommendation on a PUD amendment for a 4,195 sq. ft. Dairy Queen Grill and Chill restaurant on the site referenced as Building 3 (west of the Northway entrance onto Bass Lake Road.) That proposed development did not proceed and site remained an overflow parking area. On August 27, 2007, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 2007- 112, which approved an amendment to the PUD involving the demolition of the former Mervyn's (Donaldson's) Department Store to facilitate the construction of an 184,600 sq. ft. Walmart Super Center. The proposal involved the creation of a 14.27 acre lot and involved the closure of the Northway intersection (Mall entrance). 5 Planning Commission Resolution No. 2011 -02 Exhibit A On August 27, 2007, the City Council accepted the Planning Commission recommendation and adopted Resolution No. 2007- 112, which approved an amendment to the PUD involving the demolition of the former Mervyn's (Donaldson's) Department Store to facilitate the construction of an 184,600 sq. ft. Walmart Super Center. The proposal involved the creation of a 14.27 acre lot and involved the closure of the Northway intersection (Mall entrance). The proposed development was legally challenged by Sears under the terms and conditions of the Master Operating Agreement for the Brookdale Center and subsequently the application was withdrawn. In 2008 -09, the Brookdale Mall properties were turned back to the lender, formal foreclosure proceedings occurred, the General Operations Agreement for the Mall expired, and the new property owner, Capmark Financial, retained a commercial real estate company to market the property. In 2010, Gatlin Development Company acquired the Macy's Site (former Dayton's lot) and entered into agreements with Capmark Financial to acquire the balance of the Mall, excluding the Sear's and Midas lots. i 6