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HomeMy WebLinkAbout2014-076 CCR Member Carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-76 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-007 SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING THE APPROVAL OF AN AMENDMENT TO THE APPROVED SITE AND BUILDING PLAN TO ALLOW THE RECONFIGURATION OF PROPOSED BUILDINGS 9 AND 10 WITHIN THE BROOKDALE MALL FOOD COURT RECONSTRUCTION AREA AND WHICH IS PART OF THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT(1300 SHINGLE CREEK CROSSING) WHEREAS, on November 25, 2013, the City Council adopted Resolution No. 2013-139,which approved Planning Application No. 2013-020, submitted by Gatlin Development Company, of a new comprehensive Site and Building Plan for the redevelopment of the former Brookdale Mall's Food Court area, and which is part of the Shingle Creek Crossing Planned Unit Development, and is located at 1300 Shingle Creek Crossing,and; WHEREAS, Planning Commission Application No. 2014-007, also submitted by Gatlin Development Company, is requesting approval of an Amendment to this previously approved Site and Building Plan of the former Brookdale Mall's Food Court area, which includes the reconfiguration of Buildings 9 and 10 in said plans; and WHEREAS, the Planning Commission held a public meeting on May 29, 2014, to fully consider Planning Commission Application No. 2014-007, and reviewed and received a planning report on the proposed new Site and Building Plans for the reconfiguration and layout of new Buildings 9 and 10, 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 fmds 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 Plans for Buildings 9 and 10, as comprehended under the Planning Application No. 2014-007, may be approved based upon the following considerations: A. The Site and Building Plan is compatible with the standards,purposes and intent of the City's Zoning Ordinance; RESOLUTION NO. 2014-76 B. 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; C. 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; D. The Site and Building Plan proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city; E. 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 F. 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, the Planning Commission did adopt Planning Commission Resolution No. 2014-07, which provides a favorable and unanimous recommendation to the City Council that the Amendment to the Site and Building Plan allowing the reconfiguration of future Buildings 9 and 10, and which changes were officially submitted under Planning Application No. 2014-007, and said plans are made part of the planned redevelopment and reconstruction of the former Brookdale Mall's Food Court area,may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2014-007, submitted by Gatlin Development Company, requesting approval of an Amendment to the Site and Building Plan,allowing the reconfiguration of future Buildings 9 and 10, and which changes were officially submitted under Planning Application No. 2014-007, with said plans being part of the planned redevelopment and reconstruction of the former Brookdale Mall's Food Court area and is made part of the Shingle Creek Crossing Planned Unit Development Project, is hereby approved, subject to the following conditions: 1. Developer agrees to comply with all conditions or provisions noted in the City Engineer's Review memo,dated May 22,2014. RESOLUTION NO.-2014-7 6 2. Developer is allowed to forgo the installation of the landscape berm as a temporary screening measure approved under the previous Planned Unit rear walls to Building .Development Amendment No. 4, nor the partial (rear) g Nos. 9 and 10 as proposed. The Developer shall have until October 1, 2015 to either complete the build-out of Buildings 9 and 10, or submit a new PUD Amendment that must include an alternative screen for this loading area. 3. The two new stand-alone building sites labeled "R" and "T" respectively, which were included in the overall Site Plan Amendment plans labeled "Site Improvement Plans Buildings 9, 10, R, T for Shingle Creek Crossing" and those made part of any approvals granted under separate consideration of Shingle Creek Crossing 6 Amendment, are not approved under this site plan amendment consideration. These two building are subject to separate site and building plan considerations. 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. 5. 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. 6. 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. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. 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. 9. 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. g YP g RESOLUTION NO. 2014-76 10. 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. 11. 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. 12. All other provisions and conditions approved under Planning Application No. 2013-020 (dated November 25, 2013) shall remain binding and in effect. 13. 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. 14. Developer shall work with city staff to provide an effective transitional screening for the loading areas behind Buildings 1 -8 in this area. June 9 2014 Date Mayor ATTEST 4 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.