Loading...
HomeMy WebLinkAbout2011-127 CCR Member Carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 -127 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -016 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) WHEREAS, Loren Van Der Slik, on behalf of Gatlin Development Company (Applicant) submitted Planning Commission Application No. 2011 -016, which proposes a Planned Unit Development (PUD) Amendment to allow the following changes to the 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, on June 13, 2011, the City adopted Resolution No. 2011 -85, which approved Planning Commission Application No. 2011 -009 and which approved and established the 2011 Shingle Creek Crossing Planned Unit Development plan for the redevelopment of Brookdale Mall and included the following variations from the zoning ordinance: A. Allow a 5 ft. rather than 15 ft. green strips at certain locations where an appropriate 3 to 3 -% ft. high decorative masonry wall shall be installed to offset negative effects along Xerxes Avenue. B. Allow 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. 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 freestandin g � P signs u 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. RESOLUTION NO. 2011 -127 WHEREAS, the proposal under this consideration comprehends additional adjustments not approved under the 2011 PUD Agreement, which are noted as follows: 1. The physical separation of the existing retail mall/food court building from the existing Sears retail store building; 2. The renovation/conversion of the interior mall (common area) into retail space, which expands the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft.; 3. The elimination of proposed Building N from the 2011 Shingle Creek Crossing PUD plan; 4. The expansion of the central parking area on Lot 2, Block 1 (Building N lot) which adds 103 parking stalls to serve the additional retail of the Food Court building; 5. The addition of a 6,000 sq. ft. commercial pad site with 30 parking stalls labeled as Building R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance, along with a new 0.71 acre lot. WHEREAS, the Planning Commission held a duly called public hearing on July 14, 2011, where a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in fight of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35 -355 of the City's Zoning Ordinance and the City's Comprehensive Plan; the public hearing was closed; and the matter was tabled to a later date; and WHEREAS, the City's Planning Commission tabled this matter to the August 25, 2011 regular meeting, where a follow -up staff report was presented regarding this Planned Unit Development Amendment; the variations requested by Applicant were revised and presented; and this matter was given further consideration by the Planning Commission. WHEREAS, the Planning Commission recommended approval of Application No. 2011 -016 by adopting Planning Commission Resolution No. 2011 -12 on August 25, 2011; and WHEREAS, the City Council considered Application No. 2011 -015 at its September 12, 2011, regular meeting and in light of all testimony received the Planning Commission' s recommendations. RESOLUTION NO. 2011 -127 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -016 submitted by Gatlin Development Company is approved based upon the following considerations: 1. The Planned Unit Development Amendment 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 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 Amendment proposal is considered consistent with the recommendations of the City' s Comprehensive Plan for this area of the city. 4. The Planned Unit Development Amendment proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 5. Based upon the above considerations, it is believed that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35 -355 of the City' s Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council that approval of the proposed planned unit development amendment referenced under Application No. 2011 -016 be approved and subject to the following conditions and considerations: 1. Allow the physical separation of the existing retail mall /food court building from the existing Sears retail store building as shown on the August 2011 Shingle Creek Crossing Master Plan (labeled with "Existing Dock "). 2. The Applicant shall submit detailed design elements of this separation area, including (but not limited to) roadway and pedestrian walkway materials and standards, decorative (architectural) fencing, lighting, landscaping, and other amenities under separate site plan review. RESOLUTION NO. 2011-127 3. The City supports Applicant's desire and proposal in allowing two -way traffic for vehicles in the separated roadway segment between both buildings. 4. Architectural building elevation plans must show both walls between the separated buildings and must be equally designed and match the external wall architectural standards throughout the development, including the Sears wall. 5. Applicant shall provide a signed, executed easement agreement, license agreement or similar between Gatlin Development and Sears which provides for the construction, access and maintenance rights of the new 16' x 50' Sears entryway near the no corner of Sears' building. Said agreement must be reviewed by the City Attorney. 6. Allow a zero -lot line setback only to the entryway described herein and as shown on the amendment plans. 7. Allow the renovation/conversion of the Food Court interior mall (common area) into retail space, and the expansion of the net leasable retail area from 123,242 sq. ft. to 150,591 sq. ft. Final building design changes, both interior and exterior, and which may be different from those originally submitted in the 2011 SCC -PUD plan sets, including the relocation of the loading area, utility and trash enclosure areas, shall be approved under separate and future site plan consideration. 8. Allow the elimination of proposed Building N from the approved 2011 Shingle Creek Crossing PUD plan; 9. Provide an updated major access routes exhibit for the entire development that includes defined truck routes to Site R, elimination of Site N, and for any new loading dock proposed with the existing Food Court building. 10. Truck turning and access movements must be provided to demonstrate adequacy. Final access routes and turning movements for all loading dock areas will be subject to City review and approval under final site plan consideration. 11. Allow the expansion of the central parking area on Lot 2, Block 1 (Building N lot) which adds 103 parking stalls to serve the additional retail area of the Food Court building; RESOLUTION NO. 2011 -127 12. Allow the addition of a 6,000 sq. ft. commercial pad site with 30 parking stalls labeled as Building R, located at the southeast corner of Xerxes Avenue /56 Avenue entrance, along with a new 0.71 acre lot, subject to these related conditions: a) The creation and approval of this lot shall be made under separate plat application, with final plat approval by the City Engineer and City Council; and b) The proposed Building R is located within the previously approved SCC -PUD perimeters and shall be subject to the 2011 Shingle Creek Crossing PUD standards, including architectural and design material standards. 13. All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall remain in effect. 14. Execution of a PUD Amendment agreement as prepared by the City Attorney. September 12 2011 Date 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, Carol Kleven, Kay Lasman, and Dan Ryan; and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.