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HomeMy WebLinkAbout2011-128 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 -128 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -015 SUBMITTED BY SEARS, ROEBUCK AND CO. WHEREAS, the City of Brooklyn Center, Minnesota (City) received and considered Planning Commission Application No. 2011 -015 submitted by Sears, Roebuck and Co. (Sears), which proposes a Planned Unit Development (PUD) Amendment to the existing 1999 Brookdale Regional Shopping Center Mall redevelopment plan; and WHEREAS, Sears is the owner of the property generally located at the northeast corner of Xerxes Avenue North and T.H. 100 in Brooklyn Center; addressed as 1297 Brookdale Center; PID No. 03- 118 -21 -44 -0026, and legally described as follows: Registered Land Survey No. 0936, Hennepin County, Minnesota, EX HWY TRACT A (the Subject Property); and WHEREAS, on March 8, 1999, the City adopted Resolution No. 99 -37, which approved Planning Commission Application No. 99001, submitted by Talisman Brookdale, LLC, and which comprehended and approved the rezoning from C -2 (Commerce) to PUDIC -2 (Planned Unit Development/Commerce) of the Brookdale Regional Shopping Center property, which is bounded on the north by County Road 10, on the east and south by T. H. 100 and on the west by Xerxes Avenue North (the Brookdale Property); and WHEREAS, on March 8, 1999, the City also considered and approved a new planned unit development proposal and plan of the Brookdale Properties (1999 PUD Plan), which comprehended new site and building plan approvals for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center, and which included the following improvements: 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 Dayton's; RESOLUTION NO. 2011 -128 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; and 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. WHEREAS, the City considered and approved the following variations from the underlying zoning, which were considered reasonable standards to apply to the 1999 PUD Plan proposal: A. Allow 5 ft. rather than 15 ft. green -strips at certain locations where an appropriate 3 to 3 -'/z ft. high decorative masonry wall shall be installed to offset negative effects (this standard has been allowed in other areas within the city). B. Allow a 35 ft., or non -major thoroughfare setback for certain out building locations based on variances that have been allowed for other commercial buildings along major thoroughfares and seem appropriate in this location as well. C. Allow a 4.5 parking spaces per 1,000 sq. ft. of gross leasable area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area required based on the shared parking analysis provided and on Urban Land Institute Methodology indicating a maximum of 5,133 parking spaces as being needed for the Brookdale Mall given the mix of uses and square footages proposed in order to meet the maximum weekday and weekend hourly demand, which is also in keeping with at least two major regional malls in the area. D. Allow the 60 ft. wide parking dimension standard for 90 degree parking rather than the 63 ft. required separation based on the fact that Brookdale has previously been allowed to have the 60 ft. parking standard and it appears that it would work in this situation. E. Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 based on the uniqueness of the size, diversity of uses and significance of Brookdale Mall. 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 -128 WHEREAS, on December 9, 1999, the City approved and entered into a Declaration of Covenants and Restrictions agreement (1999 PUD Agreement) with Talisman Brookdale LLC, which established the new 1999 Brookdale Regional Shopping Center Planned Unit Development and redevelopment plan on the Brookdale Property, and included the Subject Property; and WHEREAS, on June 13, 2011, the City adopted Resolution No. 2 -85, which approved Planning Commission Application No. 2011 -009, submitted by Gatlin Development Company, and which approved the 2011 Shingle Creek Crossing Planned Unit Development plan for the redevelopment of Brookdale Mall, and which approval comprehended additional adjustments not approved under the 1999 PUD Agreement 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 -%2 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 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. RESOLUTION NO. 2011 -128 WHEREAS, Sears also requested additional adjustments not approved under the 1999 PUD Agreement, and furthermore requested and desires to have extended to their own separate property the same or similar adjustments approved to Gatlin Development Company under their approved Shingle Creek Crossing Planned Unit Development, and which variations were adjusted or re- worded accordingly by city staff to match Sears' own property; and WHEREAS, the City's Planning Commission held a duly called public hearing on July 14, 2011, whereby 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 light 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 Sears 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 -015 by adopting Planning Commission Resolution No. 2011 -11 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2011 -015 submitted by Sears Roebuck and Co. is approved 4 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. RESOLUTION NO. 2011 -128 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. 4. 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. 5. The Planned Unit Development Amendment as comprehended by Sears, and the allowance of certain variations to the underlying zoning, will create a unified and harmonious development between the existing and future development site of Sears with the new and future development plans of the adjacent Shingle Creek Crossing development site. BE IT FURTHER RESOLVED by the City Council that approval of the proposed planned unit development amendment referenced under Application No. 2011 -015 be approved and subject to the following conditions and considerations: 1. The utilization of the Subject Property shall receive the benefit of and conform to the approved 1999 Planned Unit Development plan, with the exception of the additional variations from the 1999 PUD Agreement noted in the 2011 Sears Declaration of Covenants and Restrictions Agreement contained herein: A. Required parking for a retail use is reduced from 5.5 spaces per 1000 square feet of gross floor area to 4.5 spaces per 1000 square feet of gross leasable retail area. B. Required parking for a restaurant use is reduced from one space per two seats and one space for each employee on a major shift to 10 parking stalls per 1,000 sq. ft. of restaurant area. C. The space between rows of 90 degree parking stalls is reduced from 63 feet to 60 feet; and the space between rows of 60 degree parking is reduced from 57 feet to 52.5 feet. D. The zero foot (0') lot line setback at the northeast corner of the Sears store building (measured as 163.6 feet) and which exists today shall remain, and the zero -lot line for the 140+ feet of the existing screening wall for the loading dock area shall also remain. Applicant shall have the right to rebuild, extend or install a similar screening wall with zero -lot line setbacks along the property line in certain areas. RESOLUTION NO. 2011 -128 2. The Applicant shall execute and deliver a Declaration of Covenants and Restrictions Agreement in the form submitted to the Council, subject to such changes, not affecting the substance of the Declaration, as are approved by the City Attorney and the City Manager. v a 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 Kleuen, Kay Lasman, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.