The URL can be used to link to this page

Home My WebLink About2012-129 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-129 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-019 SUBMITTED BY LOREN VAN DER SLIK (FOR GATLIN DEVELOPMENT COMPANY) FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (NUMBER 3) 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, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second 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. 2012-019, which proposes a third 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. re platting of Lots 2 and 1 into two new lots Lots 1 and 2 Block 1 p g 1 3 ( , Shingle Creek Crossing 2"d Addition) and which includes the revising original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail services and restaurant use with a drive thru service window and lane; and 2. replatting of Lots 15, 16 and 17 into four reconfigured lots (Outlot B, Lots 1, 2 and 3, Block 2, Shingle Creek Crossing 2"d Addition) and which includes replacing original Building Site Q (35,660 sq. ft.junior box retail store) with two new mixed retail/restaurant pad sites (new O and Q pad sites); and RESOLUTION NO. 2012-129 3. the creation of a new Outlot B for future.Shingle Creek day lighting features. WHEREAS, the Planning Commission held a duly called public hearing on September 13, 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 WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2012-019, as submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, may be approved based upon the following 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. AND WHEREAS the Planning Advisory Commission of the City of Brooklyn Center does hereby recommend to the City Council that Application No. 2012-019 be approved subject to the following conditions and considerations: RESOLUTION NO. 2012-129 1. Allow the revision of original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail services and restaurant use. 2. Allow the replacing of original Building Site Q (35,660 sq. ft. junior box retail store) with two new mixed retail/restaurant pad sites of 7,500 sq. ft. and 6,000 sq. ft. (new O and Q pads, respectively). 3. Deny the creation of new Outlot B under proposed Shingle Creek Crossing 2nd Addition, but instead allow the same area to be replatted or incorporated into the proposed abutting lots (Lot 1 and 2, Block 2 of Shingle Creek Crossing 2nd Addition) and further allow for the future additional day-lighting of Shingle Creek in this same area. 4. The approval of these lot reconfigurations shall be made under separate plat application, with final plat approval by the City Engineer and City Council. 5. Unless amended otherwise or under separate, new agreement, 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. 2012-019) and all shall remain in effect for the entire Shingle Creek Crossing PUD project site. 6. The overall approval of the Shingle Creek Crossing Master Plan,labeled as "Amendment No. 3" and dated August 2012, shall be recognized as an approved and updated master plan of this Shingle Creek Crossing Planned Unit Development. Any future PUD amendments or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. 7. Execution of a PUD Amendment agreement as prepared by the City Attorney. 8. Improve pedestrian access from Bass Lake Road (County Road 10)to be reviewed as part of the final site plan process. RESOLUTION NO. 2012-129 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2012-019, submitted by Loren Van Der Slik and on behalf of Gatlin Development Company, which application proposes a third amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, is approved subject to the same conditions memorialized herein. September 24, 2012 Date Mayor ATTEST: lt.J�� Aul T� a ul City Clerk F f 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.