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HomeMy WebLinkAbout2012-106 CCR Member carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-106 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-010 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO THE 2011 SHINGLE CREEK CROSSING PUD, WHEREAS, the City of Brooklyn Center adopted City Resolution No. 2011-85, dated June 13, 2011, which approved the establishment of the original Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, Loren Van Der Slik, on behalf of Gatlin Development Company (Applicant) submitted Planning Application No. 2012-010, which proposes a second amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement,which are noted as follows: 1) Revise Building B (Lot 8, Block 1, SCC) from an original proposed bank/financial use to a new convenience food restaurant with drive-thru service use, as new labeled Building C; and 2) Reconfiguration of original labeled Building C (Lot 11, Block 1, SCC) from a retail use to a new mixed-use of convenience food with drive thru service and retail uses, as new labeled Building G. WHEREAS, the Planning Commission held a duly called public hearing on August 2, 2012, 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; and RESOLUTION NO. 2012-106 WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2012-010, as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, may be approved based upon the following findings and considerations: A. 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. B. 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. C. The Planned Unit Development Amendment proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. _ D. 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. E. 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. WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center adopted Planning Commission Resolution No. 2012-16, which provides a favorable recommendation to the City Council that Planning Application No. 2012-010, as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting an Amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, be approved based upon the following conditions: L Allow the revision of original Building B (Lot 8, Block 1 Shingle Creek Crossing), from the original proposed bank/financial use to a new convenience food restaurant with drive-thru service use, to be relabeled as Building C. RESOLUTION NO. 2012-106 2. Allow the reconfiguring original Building C (Lot 11, Block 1, SCC) from a retail use to a new mixed-use of convenience food restaurant with drive thru service and retail use, to be relabeled as Building G. 3. Allowances for these new Building C and G layouts are conditioned on the Applicant/Developer submitting a new plat (replat) of the new lot and block configurations, as illustrated on the June 28, 2012 PUD plan sets, and shall reflect in general conformance with the updated Shingle Creek Crossing Master Plan No. 3, dated June 2012. 4. The overall approval of the Shingle Creek Crossing Master Plan No. 3, dated June 2012, is not being recognized as an approved or final updated master plan at this time. The Applicant/Developer will be required to submit under a future PUD Amendment application request the acceptance and adoption of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 5. The approval of these lot reconfigurations shall be made under separate plat application, with final plat approval by the City Engineer and City Council; 6. All existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD shall apply to these sites comprehended under this planning application (No. 2012-010) and all shall remain in effect for the entire Shingle Creek Crossing PUD project site. 7. Execution of a PUD Amendment agreement as prepared by the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the findings and considerations to comprehend the approval of Planning Application No. 2012-010 as determined by the Planning Commission are hereby accepted, and the request for an Amendment to the Shingle Creek Crossing Planned Unit Development by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, is also hereby approved and subject to the same conditions memorialized in this resolution. RESOLUTION NO. 2012-106 g Au ust 13, 2012 Date Mayor ATTEST: City derk 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, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.