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HomeMy WebLinkAbout2013-06 PCR Member Schonning introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2013-06 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-005 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 4) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT WHEREAS, the City of Brooklyn Center adopted City Resolution No. 2011-85, dated June 13, 2011, which was considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new 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, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third 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, Gatlin Development Company submitted for consideration Planning Application No. 2013-005, which proposes a fourth 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, specifically to allow the following considerations: 1) The removal (demolition) of the 169,555 sf. former Brookdale Mall "Food Court"building; 2) Approve the concept of redeveloping this same area with six (6) new Res.2013-06 1 of 3 individual retail buildings; and 3) Allow the reduction of the previously approved net leasable retail area of this Food Court building from 150,591 sq. ft. to 132,200 sq. ft. of new retail space. WHEREAS, the Planning Commission held a duly called public hearing on June 26, 2013, 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. 2013-005, submitted by Gatlin Development Company, may be partially approved,based upon the following considerations: A. The removal of this un-leasable "Food-Court" building will promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing; B. The removal reflects a current need or benefit to the Site as requested by the Developer, C. The removal will not be a detriment or danger to the public. D. The removal will not be injurious to the use and enjoyment of other uses in this PUD; E. The removal will not impede the normal orderly development and proposed improvements of this PUD; and F. Even with the removal and clearing of this building, the overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. G. 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. 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. 2013-005 be partially approved, subject to the following conditions and considerations: Res.2013-06 2 of 3 1. Developer is allowed to remove the old Food Court building from the Shingle Creek Crossing PUD. No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing Master Plan - May 2013" shall be comprehended or permitted under this limited approval. 2. Developer must obtain a building permit and adhere to all requirements prior to beginning any removal or demolition work. 3. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and its subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing PUD. 4. Any future PUD amendment 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. 5. Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo - dated June 24, 2013. June 26, 2013 ` - Date Chair ATTEST Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Christensen. and upon vote being taken thereon,the following voted in favor thereof: Chair Burfeind, Commissioners Christensen, Freedman, Parks and Schonning. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. Res.2013-06 3 of 3