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HomeMy WebLinkAbout2011-077 CCR Councilmember Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 - RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -009 SUBMITTED BY LOREN VAN DER SLIK FOR GATLIN DEVELOPMENT CO. WHEREAS, Planning Commission Application No. 2011 -009 submitted by Loren Van Der Slik (For Gatlin Development Company), proposes a Planned Unit Development (PUD) 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 JC Penney's, Mervyn's, Macy's and Midas stores. 2. The renovation of approximately 123,242 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 402,489 sq. ft. community shopping center /town center that includes a major anchor retailer with groceries, three junior box retailers, six restaurant pad sites, and four multi -tenant retail /service buildings. 4. The day - lighting of Shingle Creek and enhancements to on -site storm water management, landscaping and lighting. 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: a) Allowed a 5 ft. rather than 15 ft. green strip at certain locations with a 3 to 3 % ft. decorative masonry wall. b) Allowed 4.5 parking spaces per 1,000 sq. ft. of gross leasable area. c) Allowed 60 ft. wide parking dimensions for standard 90 degrees parking and aisle width. d) Allowed two freestanding signs up to 320 sq. ft. in area along Hwy 100. e) 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 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: RESOLUTION NO. 2011 -77 Master Plan, Site Plan, Phasing Plan, Existing Grading Exhibit, Proposed Grading Plan, Storm Sewer Plan, Water Utility Plan, Sanitary Sewer Plan, Lighting (Photometric) Plan, Landscaping Plan, Circulation Exhibit, Major Access Routes, Exterior Building Elevations, Shingle Creek Exhibits for Day - Lighting / Water Features / Bridge Elevation, rendering of the development, Roadway Cross Sections, Signage Program, and Daylighting Shingle Creek Framework Plan (excerpts); and WHEREAS, the proposed Planned Unit Development has been reviewed and found to meet the following PUD criteria for approval: 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 April 28, 2011, whereby a staff report and public testimony regarding the Planned Unit Development 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; and WHEREAS, the Planning Commission recommended approval of Application No. 2011 -009 by adopting Planning Commission Resolution No. 2011 -07 on April 28, 2011; and WHEREAS, the City Council considered the Planned Unit Development rezoning and in light of all testimony received, the guidelines and standards for evaluating this rezoning 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 and complies with the goals and objectives of the City's 2030 Comprehensive Plan and the Planning Commission's recommendations. RESOLUTION NO. 2011 -77 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -009 referencing the Shingle Creek Crossing Planned Unit Development proposal and application submitted by Loren Van Der Slik (for Gatlin Development Company), be approved based upon the following considerations: 1. The Planned Unit Development 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 proposal 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 Planned Unit Development proposal is considered compatible with the City's Comprehensive Plan for this area of the city. 4. The Planned Unit Development 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. 5. The utilization of the property as proposed under the Planned Unit Development 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: A. 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. B. 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. C. 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. RESOLUTION NO-2011-77 D. 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. E. 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. F. 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. BE IT FURTHER RESOLVED by the City Council that approval of the proposed Shingle Creek Crossing Planned Unit Development referenced under Application No. 2011 -009 be approved and subject to the following conditions and considerations: 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. The approvals of these architectural guidelines shall include building materials identified as either Class I and Class II materials, as noted in the April 28, 2011, Planning Information Report, and may include an architectural panel acceptable to both City Staff and the Developer. 3. Any and all new building(s) illustrated on the PUD conceptual plans shall be subject to review and approval under separate Site and Building Plan application consideration, except for the Walmart facility which is subject to separate approvals and conditions under Application No. 2011 -009 and referenced herein. 4. Since specific users with the PUD other than Walmart, Applebees and Kohl's have not yet been identified, it can be anticipated that some restaurant and retail building pads will be different from the submitted PUD conceptual plans. Modifications to the conceptual PUD plan shall be allowed as long as 4.5 parking spaces per 1,000 sq. ft. of gross leasable RESOLUTION NO. 2011 -77 5. retail area and 10 per 1,000 sq. ft. of restaurant area is provided. Drive- thru's that are currently not identified on the PUD conceptual plans shall require a PUD Amendment. 6, The applicants shall revise the walkways leading into this site from 5 -ft. widths to 6 -foot walkways. 7. The applicant shall install additional bollard/pedestal style lights along the walkway edges, or wall mount, downcast style lighting along the front edges of those buildings that abut internal sidewalks. 8. A walkway from the Xerxes Ave. entry be installed along the northerly portion of this east/west access roadway to complete the connection over to the main north/south roadway. 9. The walkway to be installed in front of Buildings P and Q shall be included in the Phase I plans. 10. Any outside trash disposal facilities shall match the building materials of the new buildings and appropriately screened from view. All facilities shall be subject to final City review and approvals as part of any future Site/Building Plan consideration. 11. 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. 12. eview and approval of the proposed intersection improvements at Shingle Creek Parkway and Bass Lake Road by Hennepin County. 13. 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. 14. The applicant shall show and dedicate easements for all existing and proposed trails and streetscape improvements illustrated on the PUD Plans. Easements shall be subject to final City review and approval conditions of the Preliminary Plan (Plat) and Final Plat. 15. Updated plans and amendments will be subject to final City review and approval conditions of the Preliminary Plan. RESOLUTION NO. 2011 -77 16. A building permit shall not be issued for the building to be constructed on Lot 2, Block 1, identified as Building N, until either: a. Applicant and Sears execute and record an agreement creating a cross- access easement over and across Lot 2, Block 1 and the Sears Property to accommodate commercial truck loading areas; or b. The Applicant submits an application for and the City approves an amendment to the site plan reconfiguring said Building N in the manner that eliminates the need for a cross - access easement with Sears. 17. The final placement and installation of any sign shall be subject to final City review and approvals consistent with the approved Shingle Creek Crossing PUD Sign Program (plans). 18. Any updates or major (significant) changes to the proposed Shingle Creek Daylighting Plan and/or its related water features and amenities shall be subject to separate consideration and final City review and approvals in conjunction with a PUD Amendment and Preliminary/Final Plat application. 19. The following uses are not allowed either as permitted uses or special uses on the Subject Property: (a) Hospitals, medical and dental laboratories, and nursing care homes listed in Brooklyn Center City Code, Section 35 -322. Lf. (b) Contractor /construction uses listed in Brooklyn Center City Code, Section 35- 322.1.g. (c) Educational uses listed in Brooklyn Center City Code, Section 35- 322. l .h. (d) Places for religious assemblies such as chapels, churches, temples, mosques, and synagogues. (e) Funeral and crematory services. (f) Drop -in child care centers listed in Brooklyn Center City Code, Section 35- 322.1.k. (g) Gasoline service stations. (h) The sale of motor vehicles. (i) The out -of -door display on or sale of marine craft. 0) Transient lodging. (k) Animal hospitals. (1) Clubrooms and lodges. (m) School bus garage facilities. RESOLUTION NO. 2011 -77 (n) Automobile and truck rental and leasing (o) Group day care facilities 20. 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. WHEREAS, Planning Commission Application No. 2011 -009 submitted by Loren Van Der Slik (for Gatlin Development Company) also proposes a Site and Building Plan approval allowing the construction of a new 181,943 sq. ft. Walmart retail store with outdoor parking facilities, garden center, drive -thru pharmacy and related site improvements, along with the Phase I improvements as indicated in the Shingle Creek Crossing Conceptual Development Plans; and WHEREAS, the applicant has provided the Site and Building Plans for the new 181,943 sq. ft. Walmart retail store with outdoor parking facilities, garden center, drive -thru pharmacy and related site improvements, which include the following: Cover Sheet; Preliminary Plat; Erosion Control Plans; Demolition Plans; Utility Sequence Plans; Site Plans and Site Details; Grading and Drainage Plans and Details; Trail Plan and Profiles; Utility Plans; Lift Station Details; Public Utility Plans and Profiles; Photometric Plans; Typical Sections; Landscape Plans and Details; and WHEREAS, the Planning Commission finds that the Site and Building plans for the proposed Walmart facility and property are consistent with the General Development Plans of the proposed Shingle Creek Crossing Planned Unit Development noted herein. WHEREAS, the Planning Commission recommended approval of Application No. 2011 -009 by adopting Planning Commission Resolution No. 2011 -07 on April 28, 2011; and WHEREAS, the City Council considered the proposed Site and Building Plan and Phase I improvements as indicated in the Shingle Creek Crossing Conceptual Development Plans and as referenced under Application No. 2011 -009, and in light of all testimony received, the guidelines and standards for evaluating this Site and Building Plan contained in Section 35 -230 of the City's Zoning Ordinance, and that said Site and Building Plan complies with the general goals and objectives of the City's 2030 Comprehensive Plan and the Planning Commission's recommendations. RESOLUTION NO. 2011 -77 NOW THEREFORE BE IT RESOLVED b the City Council of the City of Y tY tY Brooklyn Center, that Application No. 2011 -009 referencing the proposed Site and Building Plan and Phase I improvements as indicated in the Shingle Creek Crossing Conceptual Development Plans and as referenced under Application No. 2011 -009 be approved subject to the following conditions and considerations: 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. Landscape islands or similar breaks in the mid - points or various points throughout the Walmart dedicated parking lot shall be installed. 3. The applicant shall provide details for the proposed "recycling area" to the rear of the Walmart facility as part of the final site plan approvals. 4. The proposed dual drive -thru window layout with criss -cross access for the Walmart store shall be further reviewed to ensure adequate, safe operation. This drive -thru layout will be subject to final City review and approvals as a condition of the site plan approval. May 23, 2011 C SC Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Tim Roche and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2011 -77 Planning Commission Resolution No. 2011 -06 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 % 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). RESOLUTION NO. 2011 -77 Planning Commission Resolution No. 2011 -06 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 Northwa intersection Mall entrance). Y ( ) 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. In March 2011 Gatlin Development acquired the rights to he Midas parcel property, thereb p q e g is t M p y securing its right to add said parcel into the PUD Amendment application.