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HomeMy WebLinkAbout2015-12 PCR Commissioner Morgan introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2015-12 SOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO, 2015-011 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 7) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (LOCATED AT 2510 COUNT' RD. 10) 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. 2012-129, 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 WHEREAS, the City Council subsequently adopted City Resolution No. 2014-75, dated June 9, 2014, which approved the sixth amendment to the Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided PC RESOLUTION NO. 201.5-12 additional allowances and development standards; and WHEREAS, Gatlin Development Company submitted Planning Application No. 2015-011, which is considered the seventh 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 an updated PUD plan that provides for the subdivision or platting of the former Kohl's store property (located at 2510 County Road 10) into two separate lots, and includes the planned development of a new multi-tenant commercial building in one of these two lots; and allows for certain setback allowances for the new building; and WHEREAS, the Planning Commission held a duly called public hearing on October 29, 2015, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; and the Planning Commission gave proper consideration of this Planned Unit Development Amendment request by utilizing 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; in light of all testimony received, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2015- 011, submitted by Gatlin Development Company, may be approved based upon the following considerations: a) The additional buildable lot and maintaining the existing development site of the former Kohl's site 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 additional lot and building site reflects a current need or benefit to the overall Shingle Creek Crossing PUD Plan as requested by the Developer, C) The additional lot and future building site, along with the acknowledgement by the City that both lots will meet the required parking standards established by the Shingle Creek Crossing PUD Agreement, will not be detrimental or pose any threat or danger to the public. d) The additional lot and future building site will not be injurious to the use and enjoyment of other uses in this Shingle Creek Crossing PUD; PC RESOLUTION NO. 2015-12 e) The additional lot and future building site will not impede the normal orderly development and proposed improvements of this Shingle Creek Crossing PUD; and f) Even with the additional lot and future building site, the overall Shingle Creek Crossing PUD site will have adequate measures in place to maintain and provide suitable access and parking to the site. g) The proposed layout of all new development lots and all new buildings, including reduced setbacks and any other related flexibility or reductions identified on said Shingle Creek Crossing Master Plan —September 2015, are hereby acceptable and approved. AND WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that the guidelines for evaluating Planned Unit Development Amendment, as contained in Section 35-355 of the City's Zoning Ordinance, have been met, and the proposal is therefore, in the best interest of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission for the City of Brooklyn Center, Minnesota, that Planning Application No. 2015-011 submitted by Gatlin Development Company, requesting approval of a seventh amendment to the Shingle Creek Crossing Planned Unit Development, may be approved subject to the following conditions: 1. Developer is allowed to amend the 2011 Shingle Creek Crossing Planned Unit Development by replatting the former Kohl's site, located at 2501 County Road 10, into the proposed Shingle Creek Crossing 6th Addition, which will create two separate lots for the former Kohl's building site and proposed Building X pad site. 2. No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing Master Plan — September 2015 (and recognized as the Shingle Creek Crossing Planned Unit Development Amendment No. 7) shall be comprehended or permitted under this specific approval. 3. Developer shall revise the site plan to eliminate the need for the rear service doors to swing-out or open directly onto the rear walkway area. 4._ Developer must obtain a building permit and adhere to all requirements prior to beginning any removals, demolition, land disturbance work, or new construction of parking, utilities or buildings. PC RESOLUTION NO. 2015-12 5. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing Planned Unit Development. 6. Any future PUD amendments 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. October 29, 2015 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Sweeney and upon vote being taken thereon,the following voted in favor thereof: Chair Christensen, Commissioners Koenig, Tade, Schonning, MacMillan, Sweeney, and Morgan; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted.