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HomeMy WebLinkAbout2014-075 CCR Member Lin Myszkowski introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-75 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-006 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 6) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT WHEREAS, the City Council of Brooklyn Center adopted Resolution No. 2011- 85, dated June 13, 2011, which is 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 Council 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 Council subsequently adopted City Resolution No. 2012 106, dated August 13,2012,which approved the second amendment to the 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 Council subsequently adopted City Resolution No. 20.12- 129, dated September 24, 2012, which approved the third amendment to the 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 Council subsequently adopted City Resolution No. 2013- 124,dated October 14,2013,which approved the fourth amendment to the 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 Council subsequently adopted City Resolution No. 2013- 72, dated July 8, 2013, which approved the fifth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and RESOLUTION NO. 2014-75 WHEREAS, Gatlin Development Company submitted Planning Application No. 2014-006, which is considered the sixth 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 includes four components as described below, and illustrated in the Shingle Creek Crossing Master Plan(dated May 2014) and the PUD Amendment No. 6 Conceptual Plans (dated May 19, 2014): Component No. 1: approval of the revised layout of Bldgs. 9 and 10 within the former Brookdale Mall Food Court replacement plans, and allowing the building sizes to be revised to 8,352 sq. ft. and 10,800 sq. ft., respectively, and provide a set-time deferral to the Developer in installing a temporary physical screen for the loading dock areas behind said buildings; Component No. 2: approval of the revised layout of Buildings R, a new 5,400 sq. ft. restaurant pad site; and Building T, a new 5,500 sq. ft. restaurant pad site; Component No. 3: approval of the revised size and layout of Building B from 8,500 sq. ft. to 6,673 sq. ft.; and allowing a new (and yet to be determined)drive- thru service lane for a proposed end-cap user; Component No. 4: approval of the replatting of land surrounding the Food Court area, which is identified under separate Preliminary Plat and proposed Final Plat of Shingle Creek Crossing 5h Addition; and WHEREAS, the Planning Commission held a duly called public hearing on May 29, 2014, whereby a staff report and public testimony regarding the Planned Unit Development Amendments 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. 2014-006, submitted by Gatlin Development Company,may be approved based upon the following considerations: RESOLUTION NO. 2014-75 a) The the revised layout of Bldgs. 9 and 10, along with the revised size of Bldg. 9 to 13,332 sq. ft. and Bldg. 10 reduced to 6,000 sq. ft., can all be considered a reasonable request made under this PUD Amendment application; and said changes do not negatively affect the overall redevelopment plans of the Food Court redevelopment area; and b) the revised layouts of Buildings R and T,proposed as a new restaurant pad site and multi-tenant/restaurant pad site (respectively) appear to be a more reasonable and acceptable layout than illustrated in PUD Amendment No. 4, as this eliminates the planned drive-thru for Bldg. T; and the new building locations increase the walkability and lends support to the active living principles adopted by the City; and C) the revised size and layout of Bldg. B from 8,500 sq. ft. to 6,673 sq. ft.; and the new drive-thru service lane for a proposed end-cap user, can be considered a reasonable and supportable improvement on this pad site, contingent upon the full acceptance by city staff of the new drive-thru service lane; and d) the new buildings will promote and enhance the general welfare and continued success 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; and e) the replatting of the lots comprehended under Shingle Creek Crossing 5 I Addition, and as noted on these updated PUD Plans appear to be a reasonable realignment of lot boundaries and building pad sites. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2014-006, submitted by Gatlin Development Company, may be approved based on the belief 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, upon full review and consideration of this item, the Planning Advisory Commission of the City of Brooklyn Center did adopt Planning Commission Resolution No. 2014-06, which provides a favorable and unanimous recommendation of approval to the City Council that Planning Application No. 2014-006 may be approved subject to certain conditions. RESOLUTION NO. 2014-75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Application No. 2014-006 submitted by Gatlin Development Company, requesting approval of a sixth amendment to the Shingle Creek Crossing Planned Unit Development, is approved subject to the following conditions: 1. Staff requests the Developer work with the City to avoid future "gerrymandering"or unique and unusual lot configurations. 2. 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. 3. 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. June 9, 2014 Lam/ Date Mayor ATTEST: x9m ity Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kris Lawrence-Anderson 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.