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HomeMy WebLinkAbout2013-124 CCR Member Carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-124 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-018 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 Planning Application No. 2013-018, which is a reconsideration of the originally proposed 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 the proposed amendments to be comprehended under this application include the four components: 1. Component No. 1: allow the removal of the former Brookdale Mall's 169,555 s£ "Food Court" building and replacing and redeveloping the 14.60 acre site with ten (10) new individual retail store buildings RESOLUTION NO. 2013-124 consisting of 108,901 sq. ft. of new building area; along with the addition of two (2) new stand-alone restaurant pad sites labeled Building Pad Sites R and T, consisting of 5,400 sf. and 2,800 sf., respectively (address: 1300 Shingle Creek Crossing); 2. Component No. 2: allow the replatting of lot lines between Building Pad Sites A and B and the reconfiguration of parking and driveway areas between both sites (addresses: 1450 and 1480 Shingle Creek Crossing); 3. Component No. 3: allow an increase to the planned building size on the original Building Pad Site D (1090 Shingle Creek Crossing) from a planned 8,400 sf. building to a new 11,200 sf. multi-tenant retail/commercial building, along with the reconfiguration of parking and driveway areas between Building Pads G and D; and 4. Component No. 4: a proposed text amendment to the approved Shingle Creek Crossing PUD Agreement to grant flexibility to the Developer in the placement of outdoor screened trash enclosures throughout the site. WHEREAS, the Planning Commission held a duly called public hearing on September 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. 2013-018, submitted by Gatlin Development Company, may be approved based upon the following considerations: A. The removal of the old Food Court building will help promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment of this site active and ongoing; and reflects a reasonable need or benefit to the PUD Site as requested by the Developer, B. The removal of the old Food Court building will not be a detriment or danger to the public; nor injurious to the use and enjoyment of other uses in this PUD; nor impedes the normal orderly development and proposed improvements of this overall PUD; and C. With the removal and clearing of the old Food Court building, the overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. RESOLUTION NO. 2013-124 D. The replatting of the two lots under Building A and Building B pad sites appears to be a reasonable realignment of lot boundaries and lot area between both lots, and the reconfiguration of parking and drive aisles as proposed on the PUD Plan appears to be adequate and reasonable and an effective means to provide suitable truck and vehicle movements in and around this site; E. The allowance for the larger 11,200 sf. Building-D as opposed to the approved 8,400 s£ building with drive-thru, appears to be a reasonable and more effective replacement plan for this lot, and is supported further by the elimination of the drive-thru service lane originally proposed and planned for this site; and F. The proposed text amendment that would grant flexibility to the Developer in the placement of future trash enclosures appears to be a reasonable amendment that continues to provide and encourage the City and Developer to cooperate and foster a continued successful working relationship between both parties; and G. The redevelopment plans of this Food Court area its underlying lot, along with the area around Building Sites A and B, and the development of the Building D site with a larger multi-tenant commercial building, with said revisions comprehended and illustrated on the PUD Amendment No. 4 plan set, all appear to be a reasonable and effective replacement plan of this overall Shingle Creek Crossing Planned Unit Development project area, and is therefore supported by the Planning Commission. AND WHEREAS, upon full review and consideration of this item, the Planning Advisory Commission of the City of Brooklyn Center did adopt Planning Commission Resolution No. 2013-18, which provides a favorable recommendation of approval to the City Council, that Planning Application No. 2013-019 may be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2013-018 submitted by Loren Van Der Slik, on behalf of Gatlin Development Company, requesting approval of a fourth amendment to the Shingle Creek Crossing Planned Unit Development, is approved subject to the following conditions: 1. Developer is allowed to remove the old Food Court building from the Shingle Creek Crossing PUD; no other allowances other than those illustrated or indicated on the submitted "Shingle Creek Crossing - PUD Amendment 4 Conceptual Plans" dated September 11, 2013 shall be comprehended or permitted under this amendment process. RESOLUTION NO. 2013-124 2. Developer must obtain a land disturbance permit and building permit prior to the demolition or removal of any parts of the Food Court building. 3. No reconstruction may take place on any revised areas until a complete and Final Site and Building Plan application has been submitted and given full consideration by the City for those affected or revised areas inside this Shingle Creek Crossing PUD. 4. The Developer must apply for and receive subdivision plat approval for the lot line realignment proposed between Building Sites A (legal: Lot 5, Block 1, Shingle Creek Crossing Addition and Building Site B (legal: Lot 2, Block 1, Shingle Creek Crossing 3`d Addition) prior to the approval of any Final Site and Building Plan proposed for the future Discount Tire store on Bldg. Site A. 5. 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. 6. 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. 7. An effective screen of the loading and service areas must be approved as part of the planned improvements of the overall Food Court lot. October 14, 2013 Date Mayor a 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 Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.