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HomeMy WebLinkAbout99-02 PCR Member Graydon Boeck introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 99 -02 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 99001 SUBMITTED BY TALISMAN BROOKDALE, LLC. WHEREAS, Planning Commission Application No. 99001 submitted by Talisman Brookdale, LLC proposes a rezoning from C -2 (Commerce) to PUD /C -2 of the Brookdale Regional Shopping Center 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; and WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center to include the following; 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;, 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; 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; and WHEREAS, the Planning Commission held a duly called public hearing on February 25, 1999, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission considered the rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings 1 contained in Section 35 -208 of the City's Zoning Ordinance, 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. 99001 submitted by Talisman Brookdale, LLC be approved in light of the following considerations: 1. The rezoning and Planned Unit Development proposal are 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 and rejuvenation of the Brookdale Regional Mall which is a unique development within the City of Brooklyn Center and whose viability is considered to be vital to the stabilization of other commercial properties within the community. 2. The rezoning and 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 utilization of the property as proposed under the rezoning and 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: • Allow 5 ft. rather than 15 ft. greeenstrips at certain locations where an appropriate 3 to 3 1 /2 ft. high decorative masonry wall shall be installed to offset negative effects (this standard has been allowed in other areas within the city). • 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. • 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 2 maximum weekday and weekend hourly demand, which is also in keeping with at least two major regional malls in the area. • 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. • 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. • 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 rezoning and Planned Unit Development proposal are considered compatible with the City's Comprehensive Plan for this area of the city. 5. The rezoning and Planned Unit Development appear to be a good utilization of the property under consideration and the redevelopment and rejuvenation of Brookdale Regional Mall are an important long range use for the existing property and are considered to be an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of 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. 99001 be subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior 3 to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment shall be appropriately screened from view. 5. The buildings and building additions are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all new landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances with the exception of allowing two freestanding signs up to 320 sq. ft. in area along T. H. 100. 8. Plan approval acknowledges a proof of parking for the Brookdale Shopping Center based on providing 5,700 parking spaces on site. The applicants are allowed to retain the existing parking configuration except where required modifications are to be made based on building expansions or additions. New parking lot construction or reconfiguration shall require concrete parking delineators as approved by the City Engineer. 9. The applicant shall submit as built surveys of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter in an easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 12. Approval of the application is subject to the review and approval of the Shingle Creek Watershed Management Commission with respect to storm drainage systems. Effective compensating storage shall be approved prior to the construction and filling for the proposed building No. 5 on the site plan. 4 13. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall acknowledge the various modifications to city ordinances and the rationale for allowing such deviations by the City Council and the conditions of approval to assure compliance with the approved development plans. 14. Plan approval is granted for the Applebee's Restaurant building as presented (Building No. 2 on the site plan). 15. Conceptual approval only is granted for three other out buildings shown on the site plan as Building No. 3, Building No. 4 and Building No. 5. Planning Commission review and City Council approval in the form of a Planned Unit Development amendment shall be obtained prior to the issuance of building permits for these buildings. 16. The costs for traffic signals at the 55th Avenue and 56th Avenue intersections with Xerxes Avenue shall be the responsibility of the applicant. 17. The plans shall be modified to show: a. A 3 ft. to 3 '/z ft. high decorative masonry wall in locations other than along T. H. 100 where greenstrips are less than 15 ft. b. The elimination of the access from the perimeter road to the parking lot east of Building No. 3. C. The location of the Shingle Creek Regional Corridor Trail through the Brookdale parking lot. d. The removal of Building No. 1 which is not part of the conceptual approval granted at this time. Date Chair AT EST: Secretary 5 The motion for the adoption of the foregoing resolution was duly seconded by member Dianne Reem and upon vote being taken thereon, the following voted in favor thereof: Chair Tim Willson, Commissioners Boeck, Erdmann, Newman, Rahn and Reem. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I 6