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HomeMy WebLinkAbout2007-014 Inf Sheet Brookdale Center Application Filed on 7-19-07 City Council Action Should Be Taken By 9-17-07 (60 Days) Planning Commission Information Sheet Application No. 2007-014 Applicant: Hanson Thorpe Pellinen Olson, Inc. Location: Brookdale Center Request: Preliminary Plat The applicant, Hanson, Thorpe Pellinen Olson, Inc. (HTPO) on behalf of Brookdale Center, is seeking Preliminary Plat approval to combine six existing tracts of land within Brookdale Center and proposed vacated right of way to create three new parcels of land. The primary purpose of this proposal is to create a 14.27 acre parcel for development of an approximate 184,600 sq. ft. Wal-Mart Supercenter (a Planned Unit Development Amendment for development plan approval for the Wal-Mart Supercenter is the subject of Planning Commission Application Number 2007-015). Brookdale Center is zoned PUD/C-2 (Planned Unit Development/Commerce) and is also located in the Central Commerce (CC) Overlay district. It is bounded on the north by County Road 10; on the east and southeast by T. H. 100; and on the west and southwest by Xerxes Avenue North. The Brookdale Shopping Center is subject to the PUD agreement comprehended and approved under City Council Resolution No. 99-37 on March 8, 1999. For development purposes, the city considers Brookdale Shopping Center to be a single development parcel, however, it is made up of several parcels or tracts of land which generally reflect ownership interest. Brooks Mall Properties, LLC (or Brookdale Center) owns the majority of parcels, however, Sears, Macy’s, Midas and Boulevard’s Bar and Grill are parcels owned separately from Brookdale Center. The parcels of land included in the proposed Preliminary Plat with the exception of the proposed vacated right of way are all owned by Brookdale Center and are currently described as Tract A, RLS No. 1469 (313 sq. ft.); Tract D, RLS No. 1469 (16,328 sq. ft.); Tract A, RLS No. 1614 (283,277 sq. ft.); Tract B, RLS No. 1710 (423,657 sq. ft.); Tract C, RLS 1710 (46,172 sq. ft.); and Tract A, RLS 1766 (1,611,616 sq. ft.). The total land area of the proposed plat including the proposed vacated right of way is 2,407,232 sq. ft. or 55.26 acres. As will be reviewed in the PUD amendment application (Application No. 2007-015), Brookdale Center is seeking the closing of the south leg of the County Road 10/Northway Drive intersection that serves as one of the entrances to Brookdale. They hope to acquire this and incorporate it into Brookdale Center. Hennepin County, who has jurisdiction over County Road 10, has been approached about this possibility and seems receptive provided the necessary physical improvements needed to close this leg of the intersection are made. The County cannot convey this right of way directly to Brookdale and it would have to involve the City of Brooklyn Center. Also proposed is the dedication of a comparable amount of land at the south leg of the County Road 10/Shingle Creek Parkway intersection for right of way purposes and is shown on the preliminary plat as dedicated right of way. The details of this exchange will have to be negotiated and concluded as well as a formal vacation of right of way for this plat to proceed in the manner proposed. The new proposed legal description is Lot 1, Lot 2 and Lot 3, Brookdale Mall addition. Lot 1 is proposed to be 621,485 sq. ft. and is the site of the proposed Wal-Mart Supercenter and would be sold to Wal-Mart. Lot 2 is 1,502,471 sq. ft. and is the majority of the property owned by Brookdale Center and includes parking lot and the mall property. The old J C Penney’s automotive center site would be incorporated into this lot. Lot 3 is 259,180 sq. ft. and is the balance of the parking area and portions of the perimeter road lying east of the section line separating the property and is a separate parcel because of that section line. Macy’s, Steve and Barry’s (the old J. C. Penney’s store which is owned by Brookdale Center), Midas, Sears, Kohl’s (owned by Brookdale Center), Applebee’s (owned by Brookdale Center); and Boulevard’s Bar and Grill are all parts of Brookdale that are not included in this plat. Again, the primary purpose of the plat is to create a parcel for Wal-Mart. It also clears up a few matters and provides for the dedication and vacation of right of way within this plat. The Commission’s attention is directed to the Director of Public Works’ memo dated 8/13/07 relating to the Preliminary Plat for his comments and recommendations relating to this plat. He is requesting the dedication of a 30 ft. wide trail and sidewalk easement through the proposed Lot 3 from the regional trail along Shingle Creek Parkway to the existing pedestrian bridge over T. H. 100. He has also listed a number of public drainage and utility easements that should be included in the Final Plat. Costs for modifications to the County Road 10/Northway Drive intersection will be the responsibility of the applicant. A public hearing has been scheduled for this Preliminary Plat and notice of the Planning Commission’s consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION The proposed Preliminary Plat appears to be in order although there are a number of details that will need to be resolved prior to final plat approval. Approval of this application is recommended subject to at least the following conditions: The final plat is subject review and approval by the City Engineer. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. The area indicated as County Road 10 right of way shall formally be vacated prior to final plat approval. Building permits for the construction of the Wal-Mart Supercenter comprehended under Planning Commission Application No. 2007-015 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. The applicant shall dedicate a 30 ft. wide trail and sidewalk easement through the proposed Lot 3 from the regional trail along Shingle Creek Parkway to the existing pedestrian bridge over T.H. 100 as part of the Final Plat. The Final Plat shall include the dedication of public drainage and utility easements in the manner and location approved by the City Engineer. The applicant shall provide an updated and executed copy of cross access agreements with various property owners within Brookdale in a manner acceptable to the City Attorney prior to Final Plat approval. 8-16-07 Page 1 8-16-07 Page 3