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HomeMy WebLinkAbout2013-139 CCR Member Lin Myszkowski introduced the following resolution and moved its adoption: RESOLUTION NO. 2013-139 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-020 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING THE APPROVAL OF SITE AND BUILDING PLAN FOR REDEVELOPMENT OF THE FORMER BROOKDALE MALL FOOD COURT AREA, WHICH IS PART OF THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT, (1300 SHINGLE CREEK CROSSING) WHEREAS, Planning Commission Application No. 2013-020, submitted by Gatlin Development Company, requesting approval of a Site and Building Plan for the redevelopment of the former Brookdale Mall's Food Court area, which is part of the Shingle Creek Crossing Planned Unit Development, located at 1300 Shingle Creek Crossing, which approval is also conjunction with the ongoing improvements constructed under the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, the Planning Commission held a public meeting on November 14, 2013, to fully consider Planning Commission Application No. 2013-020, and reviewed and received a planning report on the proposed new Site and Building Plans for the development of 108,208 sf. of new building space and other related improvements, all in conjunction with the Shingle Creek Crossing Planned Unit Development Project; and WHEREAS, in light of all testimony received, and utilizing the guidelines and standards for evaluating site and building plans, as contained in Section 35-230 (Plan Approval)of the City's Zoning Ordinance, along with consideration of the goals and objectives of the City's Comprehensive Plan,the Planning Commission considers this site and building plan an appropriate and reasonable development of the subject property; and WHEREAS, the Planning Commission finds that the site and building plans are consistent with the General Development Plans of the overall Shingle Creek Crossing Planned Unit Development; and that the Site and Building Plan for the redevelopment of the former Brookdale Mall's Food Court area, as comprehended under Planning Application No. 2013-020, may be approved based upon the following considerations: 1. The Site and Building Plan is compatible with the standards, purposes and intent of the City's Zoning Ordinance; 2. The Site and Building Plan, in relation to the Planned Unit Development proposed on the Subject Site, will facilitate the redevelopment and improvement of this site,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; RESOLUTION NO. 2013-139 3. The improvements and utilization of the property as proposed under the planned redevelopment of this site is considered a reasonable use of the property and will conform with ordinance standards; 4. The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; 5. The Site and Building Plan proposal appears to be a good long range use of the existing land and this proposed development can be considered an asset to the community;and 6. Based upon the above considerations, it is believed that the guidelines for evaluating and approving a Site and Building Plan as contained in Section 35-230 (Plan Approval)of the City's Zoning Ordinance are met and the site proposal is,therefore,in the best interest of the community. 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. 2013-23, which provides a favorable recommendation of approval to the City Council, that Planning Application No. 2013-020 may be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Site and Building Plan of for the redevelopment of the former Brookdale Mall's Food Court area, consisting of ten (10) new buildings and related improvements as comprehended under Planning Application No. 2013-020, and which is part of the overall Single Creek Crossing Plann e d U nit Development, may be approved based upon the following conditions: 1. Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo, dated October 25,2013. 2. The two new stand-alone building sites labeled "R" and "T" respectively, which were illustrated and made part of the overall approvals given under the Shingle Creek Crossing 4t" Amendment, are not approved under this site plan consideration. These two building must be approved under separate site and building plan reviews at a later date. 3. Developer is allowed to initially construct Buildings labeled 1 through 7 as identified on the plans, while Bldgs. 8, 9 and 10 may be delayed until future development date. Buildings 8, 9, and 10 will be required to undergo separate site plan review if there are any major changes made to their layouts as indicated on said plans. These three buildings will comply with all similar conditions noted herein. RESOLUTION NO. 2013-139 4. All new buildings proposed under this new Site Plan must incorporate 4- sided architectural and the Class 1 and 2 building materials specified under the Shingle Creek Crossing PUD Agreement. The exposed southerly wall of Building No. 7 must also be improved with the same Class 1 and/or Class 2 materials. 5. Should the Developer receive permission to install the large landscape berm to serve as the screening measures for the loading areas, the Developer shall ensure this area is well maintained and irrigated for the duration of this berm. If the berm and landscaping is removed to accommodate the build-out of Bldgs. 8, 9 and 10, the Developer agrees to transplant the trees (if possible) or provide new trees of similar or equal value inside the PUD Project site. 6. Developer should adjust the walkway leading from the central driveway corridor to the Xerxes Avenue trial area with a gentler, serpentine type walkway imilar to the walkway installed to the north of this Food Court y y area. 7. Developer shall adjust the landscaping plan to provide a mixture or randomness of trees along the central pedestrian/driveway corridor. 8. Final grading, drainage, utility and erosion control plans and any other site engineering elated issues are subject to review and approval by the City Engineer prior to the issuance of permits. 9. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. The new trash enclosure with same building materials as those used to construct the principal building. 10. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 11. Site Plan approval is exclusive of all final signs on this site, including new wall (building) signs, which shall remain subject to Chapter 34 of the city ordinances, and subject to the approved Signage Plan of the Shingle Creek Crossing PUD Agreements. RESOLUTION NO. 2013-139 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. The Developer shall submit an as built survey or record drawing of the subject property, identifying all underground and above ground improvements, including but not limited to all utilities and service lines. 14. Any major changes or modifications made to this PUD Development/Site and Building Plan can only be made by an amendment to this PUD, which shall include an updated Development/Site Plan if necessary. 15. All other provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments to this PUD shall remain binding and in effect. R November 25 2013 Date Mayor 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.