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HomeMy WebLinkAbout2008 07-17 PCPPLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JULY 17, 2008 REGULAR SESSION 1. Call to Order : 7:00 p.m. 2. Roll Call 3. Approval of Minutes - May 15, 2008 4. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5. The Luther Company LLLP 2008-003 Request for rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit Development /Commerce) and development plan approval through the PUD process of three contiguous lots located on the west side of Brooklyn Boulevard between I-94 and 680, Avenue for the redevelopment and expansion of the existing Chevrolet site and a new Buick, Pontiac, GMC Dealership. y 6. The Luther Company LLLP 2008-004 Request for Preliminary Plat approval to combine and divide four existing lots into two lots on the east side of Brooklyn Boulevard between I-94 and 69`, Avenue for the creation of two new automobile dealerships. 7. The Luther Company LLLP 2008-005 Request for rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) and development plan approval through the PUD process for two new automobile dealerships (Honda and Toyota) on the east side of Brooklyn Boulevard between I-94 and 69 h Avenue. 8. Discussion Items: a. Flashing Signs 9. Other Business 10. Adjournment Application Filed on 6-19-08 City Council Action Should Be Taken By 8-18-08 (60 Days) Planning Commission Information Sheet Application No. 2008-003 Applicant: The Luther Company, LLLP Location: 6701 Brooklyn Boulevard,4301 68th Avenue North and 4315 68th Avenue North Request: Planned Unit Development Rezoning/Development Plan Approval - PUD/C-2 The applicant, The Luther Company Limited Partnership, is requesting rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) and development plan approval of three contiguous lots located on the west side of Brooklyn Boulevard between I-94 and 68th Avenue North addressed as 6701 Brooklyn Boulevard and 4301 and 4315 68,' Avenue North. The purpose of the proposal is for the redevelopment and expansion of the existing Chevrolet site (formerly Iten Chev) and the remodeling and expansion of an existing building (formerly Iten Leasing) for a new Buick, Pontiac, GMC (BPG) dealership. These properties are all currently zoned C-2 and are bounded on the north by 68'' Avenue; on the east by east by Brooklyn Boulevard; on the south by I-94; and on the west by the former Osseo Brooklyn School Bus Garage (owned by Luther) and Atlantis Pools. This proposal represents the first step in a major redevelopment by the Luther Company for both sides of Brooklyn Boulevard between I-94 and 69`" Avenue. See companion Planning Commission Application Nos. 2008-004 (Preliminary Plat) and 2008-005 (Planned Unit Development). BACKGROUND The Luther Company has acquired all of the land or the automobile dealership businesses in this area and is now prepared to do a major redevelopment which will include two new dealership buildings on the east side of Brooklyn Boulevard (Honda and Toyota) and the expansion and redevelopment of the existing Chevrolet dealership to accommodate an expanded Chevrolet dealership and a new Buick, Pontiac, GMC (BPG) dealership on the west side of Brooklyn Boulevard between the freeway and 680' Avenue North (note the existing Honda dealership at the northwest corner of Brooklyn Boulevard and 68t` Avenue will be redeveloped at a future date by the Luther Company). Their plan indicates first expanding the existing Chevrolet operation to accommodate their acquisitions of the Iten Chevrolet business and the Walser Chevrolet (Plymouth) business. Luther has an agreement to acquire the Iten property at a future date but has acquired their business only, so separate ownership of the land and business will continue for some time. They plan at this time to expand and remodel the old Iten Leasiu building (4301 68`" Avenue North) and consolidate the former Porter Cable property (4315 68 Avenue North) after that building is demolished to accommodate the new BPG business. BPG will be relocated from its current location at 6800 Brooklyn Boulevard and that building will then be demolished to make way for 7-17-08 Page 1 a new Honda dealership on the expanded site along the east side of Brooklyn Boulevard. Another new automobile dealership building (Toyota City) will be constructed on the east side of Brooklyn Boulevard on a reconfigured site that at one time had primarily housed Ryan Oldsmobile (6700 Brooklyn Boulevard). On two previous occasions (October 2005 and August 2006) the Luther Company had sought and received PUD rezoning and development plan approval for a two phased ex~ansion and redevelopment of the east side of Brooklyn Boulevard between I-94 and 69 Avenue. The then proposed expansion and redevelopment was for the Brookdale Dodge operation which currently houses Buick, Pontiac, GMC (6800 Brooklyn Boulevard and 4215 W, Avenue North). The second phase was the demolition of the old Ryan Olds building (6700 Brooklyn Boulevard) with a temporary car storage facility and a future new automobile dealership. Luther accomplished parts of this plan when the building at 4215 69th Avenue North was demolished as was the old Ryan Olds Building and the storage facility was established. Other opportunities availed themselves to Luther and they have settled on the current plan represented by Planning Commission Application Nos. 2008-003, 004 and 005. The finalization of the Planned Unit Development proposals will be needed to accomplish their redevelop plans (see the June 19, 2008 Letter of Application and PUD justification from Linda McGinty, Director or Real Estate and Development on behalf of the Luther Company, attached). The applicant is seeking the PUD/C-2 rezoning to accomplish the above mentioned redevelopment of the west side under Planning Commission Application No. 2008-003. The PUD is needed to allow for the flexibility of common access and use over multiple parcels of land without the replatting of the property. As mentioned above, the Luther Company owns the property at 4315 68`h Avenue North (the former Porter Cable property) and has acquired the Chevrolet dealership business from Iten Chevrolet (formerly operated out of 4301 68th Avenue North and 6701 Brooklyn Boulevard). The ownership of the Iten property is still Iten Chevrolet with Luther having an agreement to acquire the property in the future. City ordinances require that property under common ownership and common use be combined through platting or registered land survey into a single parcel. They propose common use but ownership of all the property will not be conveyed to Luther until sometime in the future. A PUD rezoning and redevelopment plan approval will be necessary to accommodate the plans proposed by Luther. When ownership of the property is obtained, Luther will be required to replat the property to conform with city ordinances. In the meantime, they can function with appropriately approved and executed agreements that for all practical purposes negate property line divisions. They also need to proceed under a Planned Unit Development to waive the 40 ft. rear yard setback requirement for 4301 68 h Avenue North and to allow green strip encroachments for parkin along I-94 and display pads with pergolas or railing features along Brooklyn Boulevard, 68 Avenue and 1-94. The rear yard setback requirement for 430168 Avenue North would disappear if the property were replatted into a single lot which would then be considered a corner lot with no rear yard setback at all. This is how it will function and under the Planned Unit Development is an acceptable situation. 7-17-08 Page 2 As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (C-2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems and issues. Regulations and uses governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant will be seeking modifications to allow the waiving of the rear yard setback for the PBG building as well as various encroachments on the 15 ft. green strips along 68th Avenue, Brooklyn Boulevard and the I-94 right of way. Also, potential waivers from the platting requirements that should require the-multiple parcels to be combined into a single parcel of land. Their plan for offsetting these aspects of the plan include the fact that with replatting a single lot would be created which would be a corner lot, not requiring any rear yard setback for buildings. As the plans will indicate, the encroachments allowed into the 15 ft. green strip requirements appear to be offset by the decorative nature of the display pads with pergolas or railings highlighting these features. With respect to parking encroachment along the I-94 right of way, the lack of a 15 ft. green strip will hardly be noticeable given the amount of excess right of way, a fence in this area and the elevation of the on ramp from Brooklyn Boulevard to I-94. The Planning Commission's attention is directed to Section 35-355 of the City's Zoning Ordinance which addresses Planned Unit Developments (attached). REZONING The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlines in Section 35-210 of the zoning ordinance as well as being consistent with the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208. The Policy and Review Guidelines are attached for the Commission's review. The applicant has submitted a written narrative describing their proposal and has made some general comments relative to how they believe their proposal has a positive impact and can be considered consistent with the policy and review guidelines. As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The policy states that rezoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for rezoning review. As noted previously, the Luther Company has submitted previously two proposals for Planned Unit Developments in this area which have been considered and approved by the City Council based on a review and evaluation of the Policy and Review Guidelines contained in Section 35-208. We do not believe it is necessary to go point by point through this 7-17-08 Page 3 evaluation process again as we believe this proposal to be consistent with the past Planned Unit Development requests and is consistent with the Policy and Review Guidelines. The current zoning of the property is C-2 (Commerce) which allows automobile dealerships as special uses in this zoning district. Special Use Permits have been granted for both the east and west sides of Brooklyn Boulevard in this area for automobile dealerships and automobile dealerships involving service and repair, retail sales and associated parking and storage of new and used motor vehicles have been a use of the property for well over 40 years. Expansion and redevelopment of these types of uses certainly appears to be appropriate given the nature of the zoning districts in this area. The Comprehensive Plan acknowledges commercial retail uses in this area and the proposed redevelopment by Luther can be considered to be consistent with the City's Comprehensive Plan for this area. The guidelines generally ask if there is a clear and public need or benefit; is the proposed rezoning zoning consistent and compatible with surrounding land use classifications; can all permitted uses in the district be contemplated for development; will the subject property bear fully the ordinance development restrictions for the proposed district; is the proposal in the best interest of the community; and does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel. The applicant notes that their proposal will be a complete overhaul and addition to the west side of Brooklyn Boulevard and will contain various upgrades to the property which they believe will allow for a safer, logical flow of traffic on the site and bring it into compliance with current city and code requirements. We would concur that the proposal does indeed meet the Evaluation Policy and Review Guidelines in that it is compatible with the standards, purposes and intent of the Planned Unit Development section of the zoning ordinance. The proposal allows for the utilization of land in a manner that is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those that are permitted on surrounding property. It is considered a reasonable use of the property and it will conform with ordinance requirements except for the appropriate waivers to the various requirements as outlined in the development plan. It can be considered consistent with the recommendations of the City's Comprehensive Plan and it appears to be a good long range use of the existing land and that development can be considered an asset to the community and further can be considered to be in the best interest of the City. SITE AND BUILDING PLAN PROPOSAL As mentioned previously, the applicant is proposing under this PUD application to expand the Chevrolet dealership at well as to modify the building at 4301 68`h Avenue North to accommodate a new BPG showroom and service center. All barriers between these sites will be removed and there will be a free flow of traffic between the two buildings and parking will be such to accommodate each of the buildings needs as well as common access throughout the site. The site will be completely upgraded to include new paving, curb and gutter, site utilities, lighting, landscaping, and removal of overhead utility lines where possible. Once the BPG facility has been relocated from its current location at 6800 Brooklyn Boulevard, the second phase or the east side Planned Unit Development will proceed. ACCESS/PARKING There will be three access points to this consolidated site. One along Brooklyn Boulevard will be 7-17-08 Page 4 relocated approximately 50 ft. to the north. The applicant has reviewed this plan with Hennepin County, the road authority. The proposal is acceptable to Hennepin County and they note that the greater distance from the I-94 ramp is a benefit and they also believe the closing of the existing access on 68th Avenue near Brooklyn Boulevard will enhance traffic operations in the area. There will be two access points along 68`h Avenue, an existing access just westerly of the existing building and a shared access with the Atlantis Pool site at the westerly portion of the property. As mentioned, an existing access close the intersection of 68th Avenue and Brooklyn Boulevard will be closed which is considered an improvement to the existing situation. Access and circulation throughout the site will not be hindered by physical barriers. The site will act as a single site as if it were platted that way. Appropriate cross access agreements will be necessary to allow for the free flow of traffic that is planned. Parking for the site is based on a combination of parking formulas. The retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of the building; the office parking formula of one space for every 200 sq. ft. gross floor area for the office/service portions of the building; one space for every service bay and one space for every service bay employee for the service garage areas; one space for every 800 sq. ft. gross floor area for strictly storage areas; and two parking spaces for service vehicles for each of the two buildings. Required parking for the BPG site based on these formulas is 88 parking stalls, a total of 123 parking spaces is provided on what is considered the site for the BPG operation which includes the old Iten Leasing building and the Porter Cable site. The parking requirement for the Chevrolet building which includes display, service, and service bays is 398 stalls, a total of 636 parking spaces are provided on the Chevrolet site. A significant amount of display parking will be available above and beyond the required parking for both the BPG operation and the Chevrolet operation. As mentioned previously, the applicant is requesting modification to the City Ordinances to be allowed to provide decorative display areas at certain locations along Brooklyn Boulevard, 68th Avenue North and one along the I-94 right of way. In addition, they are requesting to be allowed to park closer to the I-94 right of way than the 15 ft. typically required. This would establish an approximate 5 ft. green strip where none currently exists. This appears to be appropriate given the distance between the property line and the I-94 ramp and the elevation in this area. The display areas as shown on the plans are decorative display pads containing in some cases a pergola and fence area and in others a fenced or railing area for display purposes. The display with railings would be on either side of the entrance off Brooklyn Boulevard and either side of the entrance off 68th Avenue and a similar display area would be along I-94. The display pad with pergola and fencing would be at the southwest corner of Brooklyn Boulevard and 68th Avenue North. Given the attractiveness of these display areas and the fact that new 15 ft. green strips are being established along Brooklyn Boulevard and in a larger landscape area at the southeast corner of the site, the applicant's plans appear to be appropriate and should be considered acceptable. Continuation of these display areas should be dependent on proper maintenance and should only be allowed to be modified or eliminated with the concurrence of the City of Brooklyn Center. 7-17-08 Page 5 GRADING/DRAINAGE/UTILITIES The applicant has provided preliminary grading, drainage, utility and erosion control plans, which are being reviewed by the Director of Public Works/City Engineer. His comments relative to these items are attached for the Commission's review. The Porter Cable building at 4315 68ffi Avenue North will be demolished and a note on the demolition plan indicates that existing sanitary sewer and water lines will be capped at the property line. In situations such as this where buildings are being removed, normally service lines are disconnected at the main. It is anticipated that this will be a recommendation of the City Engineer in this case as well. The preliminary grading and drainage plan indicates B-412 curb and gutter throughout the site. The ordinance requires B-612 curb and gutter or an approved alternate by the City Engineer. When reviewing past Planned Unit Developments for the Luther proposals, the City Engineer had indicated that the B-412 curb and gutter might be acceptable in certain areas where no water would be conveyed. It is not anticipated that the City Engineer would approve the B-412 curb and gutter (which is a 4 inch high curb and 12 inch gutter) throughout the entire site as is being proposed. Approval of the curb and gutter plan is subject to approval by the City Engineer. The existing buildings are currently served by sewer and water and an evaluation of the drainage plan is being undertaken by the City Engineer as well. A bio infiltration facility is planned to the west of the BPG facility. The drainage and water run-off plans are subject to the Shingle Creek Watershed Management Commission review and approval. It should be pointed out that all parking and storage of vehicles must be on improved hard surface areas of bituminous or concrete. No vehicle parking or storage may be in landscaped areas other than the approved display areas and improved surfaces in areas must be provided. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Commission to evaluate such plans. They have divided the site into two lots which they label as Lot D which is 2.15 acres in area and is the BPG site essentially. The other lot is labeled as Lot C and is 8.55 acres in area and is essentially the Chevrolet site. The BPG site requires 172 landscape points and the applicants propose to provide 205 points with a variety of shade trees, coniferous trees, decorative trees and shrubs. Five of the shade trees will be found along the 68th Avenue North green strip and are Red Mound Linden. An additional Red Mount Linden and two Cut Leave Weeping Birch will be found by the Bio Infiltration facility. Five Austrian Pine and two Prairie Fire Crabapple will also be found in the green strip area along 68`'' Avenue. Six coniferous trees including five Colorado Spruce and one Austrian Pine will be around the Bio Infiltration facility. Shrubs such as Dwarf Arctic Blue Willow, Isanti Dogwood and Yellow Twig Dogwood will be in this rain garden area. Foundation shrubs including Russian Cypress, Niagara Yew, and Blue Chip Juniper are included and Cardinal Red Dogwood, Dwarf European Cranberry Bush and Neon Flash Spirea are included around the perimeter of the display areas. Nineteen Redmond Linden are to be found around the green strips along 68`h, Brooklyn Boulevard and in an island planting area west of the Chevrolet building. Thirty-seven Austrian Pine and Colorado Spruce are provided primarily in the western portion of the Chevrolet site in 7-17-08 Page 6 green strips and in the planting area west of the building. An island planting area containing Austrian Pine, Colorado Spruce as well as shrubs are in a planting area to the south of the building between the building and I-94. The landscape plan exceeds the point system for both of these lots and is considered acceptable. BUILIDNG The applicant has submitted building elevations and floor plans for the proposed building additions. The Chevrolet building will be primarily 4 ft. precast panels and EFTS reveals along the four sides of the building. Storefront windows will be provided along the east elevation (Brooklyn Boulevard) and the easterly portion of the south elevation and the northeast corner of the building where a building addition is being made. Service doors will be provided along the Brooklyn Boulevard portion of the site as well as at the west end of the building. The BPG building will be of similar building material with the east elevation facing Brooklyn Boulevard being considered the front of the building. The north elevation and west elevation will contain storefront windows as well. Service doors will be found on the east and west elevations for the service write up area and service doors for service bays will be located along the south wall of the building as well. LIGHTING/TRASH The applicant has submitted a lighting plan indicating proposed foot candles for lighting on the site that appear to be consistent with Section 35-712 of the city ordinances. Twenty four foot high light poles are provided around the entire site and in island areas and curb protected areas throughout the two sites. City ordinances require that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the property. Our main concern is that all lighting be shielded and directed on the site to avoid glare to abutting properties and abutting street right of way and that it be consistent with the standards that are noted above. The site will be well lit and the applicant will be responsible to avoid glare off the site. A trash enclosure is provided in the center of the site, apparently to provide for both buildings. No details are provided; however, the structure should be a masonry unit with sides high enough to screen any trash containers from view and should include solid opaque gates to completely screen the trash containers on the site. PROCEDURE State Statutes require the City to respond to zoning applications within a 60 day time limit from the day a properly submitted application has been filed with the City. This application was filed on June 19, 2008 and City Council action should be taken by August 18, 2008. Due to zoning requirements for notice and publication, the application needs to be submitted approximately four weeks prior to the Planning Commission's public hearing. The clock, however, begins on the date the application is accepted. Therefore, the zoning decision must be made by the City Council no later than August 18, 2008. 7-17-08 Page 7 A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post and have been sent to surrounding property owners. The Planning Commission, following the public hearing, may wish to consider a draft resolution which has been prepared for consideration. The draft resolution outlines various possible findings with respect to the Planned Unit Development and minimum conditions related to the development plan approval. 7-17-08 Page 8 1 ~ A, W ERx ut w _ t +yJv = z 1, 1 y 7 (AV EN• 1 4 ni R3 , Z ~ W 70ZH AVE. N. a Q w a EN Q ► PLANNING COMMISSION APPLICATION NO. 2008-003 Ii spwr ICE iC2 6M. Avt, r4. am 7 -tf r Pl.. R3 gym. AVE w~ 7 a ' w 0 4 u, w GAROF-N - CITY SCHOOL LOGISMap Output Page Syr. c a~ f m'w7~ 7 V-,%, I~ Uay ^ncat •.+~RiM A15 CcY~»~{C`, ~tK~FY527a5 Page 1 of 1 14 http://gislogis.org/LOGIS_ArcIMS/ims?ServiceName=bc_LOGISMap_OV &ClientVersio... 6/27/2008 0*,o June 19, 2008 Mr. Ron Warren Planning Department City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: PUD Application- The Luther Company, LLLP Brooklyn Boulevard Developments Dear Mr. Warren: The Luther Company, LLLP is submitting its PUD application for the redevelopment of two major Rarcels located at Brooklyn Boulevard and Hwy. 694. The properties located at 4215 69t Ave. N. (former Taystee site), 6700 Brooklyn Blvd. (former Ryan property), 6800 Brooklyn Blvd. (Brookdale Buick, Pontiac, GMC property), 4101 69th Ave. N. (former Gruenke property) and 4011 69th Ave. N. (former Dawson property) will collectively be referred to as "Luther East Side Development." The properties at 6701 Brooklyn Blvd. (current Brookdale Chevrolet), 4301 68th Ave N. (current Luther Credit Solutions), and 4315 68th Ave. N. (former Porter Cable property) will collectively be referred to as "Luther West Side Development." In September, 2005, Luther had submitted a PUD application and was approved for the Luther East Side Development site (not including 4101 and 4011 69th Ave. N.). At that time, the plan had two phases. The first was to demolish the former Taystee building and the buildings on the Ryan properties at 6700 Brooklyn Boulevard and locate all Chrysler Jeep Dodge operations in the 6800 Brooklyn Boulevard store (was previously just a Dodge facility). Facility modifications incorporating the Daimler Chrysler design elements and changes to accommodate operation needs were also planned for the 6800 building. Phase II was to develop a future dealership site on the south side of the property at 6700 Brooklyn Boulevard (former Ryan properties). At that time, it was not known what dealership entity would occupy that space. The Ryan buildings were demolished in February, 2006 and the Taystee building demolished in December, 2006. A new opportunity occurred when The Luther Company, LLLP purchased the Iten Chevrolet franchise in September, 2006. This acquisition prompted a re-evaluation of the plans for the PUD approved in late 2005. In 2006, vehicle manufacturers were actively consolidating franchises. These actions created further evaluation for the plans of the PUD. Numerous discussions were held regarding the future of Luther Dealerships in Brooklyn Center. It was decided that the 3701 ALABAMA AVENUE SOUTH • ST. LOUIS PARK, MN 55416 tel: 952.258.8800 • fax: 952.258.8900 • web: www.lutherauto.com • email: info@lutherauto.com two growing franchises, Toyota and Honda, would be best located on the east side of Brooklyn Boulevard and that the two domestics, Chevrolet and Buick, Pontiac, GMC (BPG) would occupy the west side maintaining the current location of Chevrolet. Two additional properties (4101 and 4011 69th Ave. N.) were purchased on the east side to accommodate the spatial needs for Honda and Toyota. Both developments require a rezoning to a PUD. First addressed is the Luther West Side Development. The Luther Company has combined the Chevrolet operations from the former Iten and Walser Chevrolet businesses. A major remodel and minor building addition to the current Brookdale Chevrolet building is planned as a result. The remodel is necessary to bring the building up to current codes, address customer and workflow conveniences and to meet new manufacturer design element standards. The site will be completely upgraded to include new paving, grading, curb & gutter, site utilities, lighting, landscaping, signage, removal of overhead utility lines (where feasible), and relocation of a curb cut and removal of another. The second project is the creation of a new BPG facility in the building on the 4301 68th Ave. N. site. This will be a complete overhaul and addition to that building. This site will undergo the same upgrades as listed for the Brookdale Chevrolet project. We believe the proposed changes will allow for a safer, logical flow of traffic on the site and bring it into compliance of current city zoning requirements. The PUD is necessary for a couple reasons. The first is to allow for a variance of the set- back requirement of the property that aligns with Hwy. 694. To off-set this requirement and in collaboration with City Staff, we will provide additional landscaping within the site. The second reason for the PUD is the variance needed for yard set-back requirements between the Chevrolet and proposed BPG parcels to accommodate the inability to combine parcels due to different owner entities. The 6701 Brooklyn Blvd. and 4301 68th Ave. N. properties are owned by Automotive Sales & Service and not The Luther Company, LLLP. But, the 4315 68th Ave. N. property is owned by The Luther Company, LLLP. The expansion and remodel of the proposed BPG building on the 4301 68t Ave. N. parcel places the set-back close to the 6701 Brooklyn Blvd. property line. These variances would not create a substantial physical or zoning classification change and the property remains suited for its use as a vehicle dealership. The set-backs would be consistent with its current configuration and are compatible with surrounding uses. This re-zoning will not result in the expansion of a zoning district and is consistent with the Comprehensive Plan. The property is suited for these uses permitted in the district relative to size, configuration, topography and location. We believe the proposal demonstrates merit beyond the interests of the owners. For the Luther East Side Development, rezoning to a PUD is also necessary for a couple reasons. First, we would like to incorporate what were previously two residential properties (4101 and 4011 69th Ave. N.) into this site. The remainder property is zoned appropriately for automotive sales and service. Secondly, the service use will abut residential property which also requires the rezoning. The vast majority of this property has historically been used as an automotive site, so the proposed rezoning is consistent and compatible with surrounding land use classifications. The rezoning does not propose a major change in use and is consistent with the Comprehensive Plan. This property will bear fully the ordinance development restrictions for this proposed zoning district with the exception of the service area which abuts residential property. To accommodate this situation, the portion of the property that abuts the residential zoning is fully screened by an eight-foot high privacy fence and new areas affected will be likewise. This rezoning will result in the expansion of the PUD, but, as previously mentioned, is consistent with surrounding land use and demonstrates a solid interest in this community. Development plans for the Luther East Side Development first includes the demolition of the current BPG building at 6800 Brooklyn Boulevard. This will not occur until its new facility across the street is completed. A new Brookdale Honda facility will be built on that northern portion of the site and a new Toyota City facility will be built on the southern portion (closest to Hwy. 694). These will be state of the art facilities each with 50,000 sq. ft. plus footprints showcasing the latest manufacturer design requirements and customer accommodations. The Luther Company had recently built similar facilities in Hopkins (Hopkins Honda) and Golden Valley (Rudy Luther Toyota). The customer contact locations will face Brooklyn Boulevard. The showfloors and service drive aisles will be visible from the Boulevard making it easy for customers to see their destinations. Vehicle service and car wash operations will occur in the back portions of the buildings. Significant site work including new curb and gutter, paving, lot lights, signage and landscaping will upgrade the site considerably. Yard and landscaping will be in conformance with current City requirements on the entire perimeter of the property. This is a complex project with timely sequential elements. It represents a significant investment from the Luther Company to the City of Brooklyn Center. We have been a part of this community for many decades and are excited about continuing our positive working relationship with your city. Thank you for your consideration of this request. Respectfully submitted, Linda McGinty The Luther Company, LLLP Director of Real Estate & Development City of Brooklyn Center A Millennium Community MEMORANDUM DATE: July 9, 2008 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works -0,17.7 SUBJECT: Luther Brookdale Chevrolet, Honda and Toyota BRI MAR 2ND ADDITION Planning Commission Applications 2008-003, 2008-004 and 2008-005 Public Works Department staff reviewed the following preliminary documents submitted for review under Planning Commission Applications 2008-003, 2008-004 and 2008-005. • Plan Set Titled: Luther Brookdale Chevrolet and Brookdale Buick Pontiac GMC, dated June 19, 2008 ■ Plan Set Titled: Luther Brookdale Honda and Toyota City & Scion, dated June 19, 2008 • Preliminary Plat Titled: BRI MAR 2ND ADDITION, dated June 19, 2008 Preliminarv Plat (Application 2008-004) The preliminary plat includes Lots 1 and 2, Block 1, Bri Mar Addition and a portion of Lot 3, Auditor's Subdivision No. 25. Lot 1, Block 1, Chrysler Realty Addition is also shown on the preliminary plat. However, the land within the Chrysler Realty Addition boundary is not included in the proposed plat at this time due to environmental remediation work being conducted within the parcel. This remediation work is associated with a former land use. The final plat for BRI MAR 2ND ADDITION shall incorporate the following modifications and conditions. 1. The proposed development site is adjacent to County State Aid Highway (CSAH) 152. A copy of the preliminary plat was submitted to Hennepin County Transportation Planning Division for review. The final plat must conform to requirements as set forth by Hennepin County. 2. The applicant shall provide the City with an executed copy of a shared access easement over Lot 1 of the proposed plat for a shared driveway access onto CSAH 152 at 68th Avenue North. The shared access easement must be provided prior to release of the final plat. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 Page I of 5 www.cityofbrooklyncenter.org City of Brooklyn Center A Millennium Community 3. The final plat shall include 10-ft wide drainage and utility easements along the perimeter of the plat and along internal property lines. The final plat shall also include a drainage and utility easement extending over the boundary of the existing signal and utility easement per Document Nos. 3457153 and Document No. 3457154. 4. The applicant shall be responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. Easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 5. The property owner of Lots 1 and 2, Block 1 of the proposed plat shall enter into a utility maintenance agreement with the City to provide for the long term maintenance of private utilities and storm water facilities that will serve a joint or common use between lots within the proposed plat. The utility maintenance agreement must be executed by the owner and the City prior to release of the final plat. Water and Sanitarv Sewer Utility Service The Utility Plans shall incorporate the following modifications for water and sanitary sewer service to the two development sites. 1. All water and sewer services for the existing building scheduled for removal shall be properly disconnected in conformance with City specifications prior to building demolition. The applicant's contractor shall have all service disconnections inspected and approved by City utility staff prior to backfill. This requirement shall apply to all building removals, including the buildings located at 6800 Brooklyn Boulevard and 4315 68`h Avenue. 2. The utility plans for the proposed Toyota Building (Application 2008-005, Lot 2, Bri Mar 2nd Addition) shall be modified in accordance with the following items. A. The utility plan shows an 8-inch diameter and 12-inch diameter water main extending along the south property line adjacent to the highway exit ramp. City records indicate the presence of an 8-inch diameter water main only. The plans shall be amended to remove the reference to a 12-inch diameter water main along the south property line. B. The applicant is proposing to remove the existing water main loop extending through Lot 2. The utility plan shall be amended to show the existing water main extending from the east property line to the water main located within Grimes Avenue. The plans shall show the disconnection of this water main on the west side of the hydrant located on the west side of Grimes Avenue and installation of a MJ plug. C. The utility plan shall be amended to show the installation of a MJ plug on the existing 8x6 Tee along the south property line. Alternatively, staff recommends that the new fl- inch diameter water main for the Toyota site connect to the existing 8x6 Tee with an 8x6 reducer. This arrangement would likely provide similar or improved flow capacity as compared to the proposed 8-inch wet tap shown on the plans. 6301 Shingle Creek rle~~v utility plan shall be amended to ti~pncgl} bpn~, qa ity~ a gr -fIigft&dT& tuber Brooklyn Center, M 55 0 21 s lead near the PIV outsi 763 - 40 Toyota building. City Hall & TDD Numb N g6 ~7~ & ~$~TA FAX (763) 569-3494 Page 2 of 5 www.cityolbrooklyncenter.org E. The applicant shall provide inspection documentation to utility staff for the private sanitary sewer extending between the west property line and Grimes Avenue. This line shall be inspected and video recorded with televising equipment to document pipe condition, leaks, or infiltration of the service pipe. 3. The utility plans for the proposed Honda Building (Application 2008-005, Lot 1, Bri Mar 2nd Addition) shall be modified in accordance with the following items. A. The utility plan shows a sanitary sewer manhole near the north property boundary at the connection point to the existing sewer service. This structure will be a new manhole installed by the developer. B. The applicant shall consider starting the new water main installation upstream of the proposed building service connections for the Honda building due to the age and unknown condition of this service. The location of the proposed 8x6 reducer should be shifted upstream of the proposed water main bend. All water main bends shall include mega-lug restraints and proper thrust blocking. C. The utility plan shall be amended to show a control valve on the 3-inch diameter domestic service lead near the PIV outside of the proposed Honda building. 4. The utility plans for the proposed Chevrolet, Buick, Pontiac, GMC site (application 2008-003) shall be modified in accordance with the following items. A. The utility plan shall be amended to label the location and size of the existing water and sanitary sewer services to the proposed Buick, Pontiac, GMC building. The water service shown on the utility plan within 68th Avenue is an existing 6-inch diameter fire line to the building. A separate domestic water service for the BPG building extends from the main in the street along the east side of the building and enters the structure in the southeast corner of the building. This water service includes a curb stop located near the north property line. B. The utility plan shall be amended to label the location and size of the existing water and sanitary sewer services to the Chevrolet building. The water service leading to the southeast corner of the building is an existing 8-inch diameter fire service line. The water service currently labeled "Possible Watermain" is the domestic water service leading to the water meter on the north side of the building. The applicant shall locate and document the location of the existing sanitary sewer leading to the building. C. The applicant shall contact the City's Fire Chief to discuss the need for additional fire hydrants within the site. 5. The site plans shall be subject to the approval of the City Fire Chief and Building Official, including hydrant spacing requirements and any other requirements of the Fire Department. Page 3 of 5 Site Lavout and Traffic Traffic access to Lots 1 and 2 of the proposed plat (Toyota and Honda Site) includes a signalized intersection at 68th Avenue North along the west boundary of Lot 1 (Honda) and a right-in / right-out access point along the west boundary of Lot 2 (Toyota). The signalized intersection at 68`h Avenue North is intended to serve both Lots 1 and 2 through a driveway access agreement that must be amended prior to release of the final plat. The site plans include two driveway access points along 690' Avenue, including the existing access near Brooklyn Boulevard and the relocation of the east access to align with the intersection of Halifax Avenue. Traffic access to the existing Chevrolet site includes one right-in / right-out access point along Brooklyn Boulevard that is proposed to be relocated approximately 50 feet north. The site plans indicate the proposed removal of one driveway access along 68th Avenue that is currently located near the intersection with Brooklyn Boulevard and the reconstruction of the two remaining access driveways along 68th Avenue. 1. Hennepin County Transportation Department issued a letter dated June 12, 2008 indicating that the proposed relocation of the driveway entrance along Brooklyn Boulevard for the Chevrolet site is acceptable, based on the proposed closure of the above referenced driveway along 68th Avenue. The applicant shall obtain a right-of-way permit from Hennepin County prior to initiating relocation of the driveway entrance. 2. The site plans for the Honda/Toyota sites on the east side of Brooklyn Boulevard include the installation of a turn lane within the median of 69th Avenue to allow westbound left turns into the site at Halifax Avenue. The proposed turn lane will improve safety conditions along 69th Avenue. The applicant's engineer shall meet with City staff to further discuss final design issues for the turn lane, including the extension of the median nose to the west and reduction in the overall length of the turn bay. 3. The applicant shall take appropriate measures to protect and preserve all trees, landscaping items, street lights and sidewalk within the public right-of-way and highway easements extending along Brooklyn Boulevard (CSAH 152) and 69th Avenue North during site construction. 4. All curb replacement adjacent to the perimeter of the site boundaries (Honda/Toyota and Chevrolet sites) shall be Type B612 or B618 in accordance with City Ordinance Section 35-710. The use of Type B412 curb is acceptable in locations not adjacent to the outer perimeter of the redevelopment sites. 5. The site plans for the Honda/Toyota site and the Chevrolet site shall be amended to identify specific locations that are reserved for the loading and unloading. of vehicle transport trucks. Loading and unloading of vehicle transport trucks will not be allowed on public streets. Page 4 of 5 Storm Water Management The applicant has provided data showing that the proposed site improvements on the west side of Brooklyn Boulevard (Chevrolet site) will result in a net decrease in impervious surface. The site plans include a biofiltration facility and two underground storm water management vaults as part of the site improvements on the Chevrolet site. The site plans for the east side of Brooklyn Boulevard (Honda/Toyota site) indicate that proposed improvements will result in a net increase in impervious surface of 0.84 acres. The site plans include the installation of two underground storm water vaults to manage runoff from the site. 1. Further details regarding the design of the underground storm water vaults shall be prepared and submitted to City staff for review and approval. The design of the underground vaults shall include a section of the vault with a solid bottom, access hatch and floatable, skimmer capability to assist in long-term maintenance of the structure. 2. The applicant shall apply directly to Mn/DOT for authorization to install the proposed storm sewer outfalls within the Mn/DOT right-of-way. 3. The site plans are subject to review by the Shingle Creek Watershed Management Commission. The applicant shall submit the proper watershed forms, plans and fees to City staff. The City will forward the application materials to the Watershed Commission for review. 4. Erosion control measures shall be installed prior to initiating construction work within the project sites. 5. An NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency prior to disturbing the site. The above comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final plat and site plans may require additional modifications or easement dedications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, gas and electric service, final grading and geometric design as established by public officials having jurisdiction over approval of the final site plans. Page 5 of 5 City of Bx-ooklyn Center Section 35-208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77- 167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policv It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City-initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? 1. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? 2) Public recreational buildings and parks, playgrounds and athletic fields. 3) Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35-355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Puroose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts: Permitted Uses-, Annlicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD-MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD-MINCED, the Council shall specify regulations applicable to uses and structures in various parts of the district. City of Brooklyn Center 35-47 City Ordinance C. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD-MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights-of-way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right-of-way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35-400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. C. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35-700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. City of Brooklyn Center 35-48 City Ordinance d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. C. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City, except that these subdivisions and plans must be in conformance with all watershed, state, and federal storm water, erosion control, and wetlands requirements. Subdivision 5. Annlication and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: City of Brooklyn Center 35-49 City Ordinance 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan, including temporary and permanent erosion control provisions; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35-210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35-210 of this ordinance. C. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35-210 of this ordinance. Approval of the development plan shall constitute rezoning ofthe property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35-208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: City of Brooklyn Center 35-50 City Ordinance 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35-230 of this ordinance. In addition to the information specifically required by Section 35-230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. The plan submitted for approval pursuant to Section 35-230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35-230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35-230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. City of Brooklyn Center 35-51 City Ordinance h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any maj or amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. City of Brooklyn Center 35-52 City Ordinance r„ r5 SITE Luther Brookdale Chevrolet and Brookdale Buick Pontiac GMC Brooklyn Center, Minnesota w°~ o n. - t.' U ro ~ vwi rNr .m,.n. oE~LLrxx ~I &eLx EV~ (t~ 4 - ~E _ rcr.v. G't6CTU LFI` CN ® n w x Y`-~ ..xaur~ xc.'~ i[ues> .cnrrn_,r ARCIR'I'ECPUkRL~nUM P NUK GYC: ♦ mr v.ru, vecnone xs >.r.. o. tz_ R f°" - d :r. cvx.a r w. xx.... a veo . 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De )w Lo Bw n„ bo b ba r. y o ; L*OtL LIGHTING R AFFILIATES °i E-201 Reoe.,n~r.8abw, . = Cdle+ue rmae. o ^ ^oo - ..M J ~ ~ J L anew j eaaw xxr j avunrc wn .wnxc wor :wns _ l-- L. . eec oUOUS 'r ' r- e as aaou~ _ "yam x 14 I I I _ oan.wenT.~ ~ O ~jo v HONDA p r fit' stmaF FaotvnlNr p0r+-- ° ~on~rexow _ wnuu ~ P aD fix, . , > ~ _..y - n qI U• eeaz+eFFaoTmmwr I~IIIII!IIII?~III II III 't _ ~ ~I I I I I ~ I I I I I I I I I~ y ~ 5 I 4 I l .V1 . ~P 1 [ I`y~~I~~ ~l 1Ldl~I` 1 1}}~I~ }}i it ry ~ ~ I~ Heti ~ C DISPLAY PAD WITH RAILING C DISPLAY PAD WITH PERGOLA ' I 0 anoe.norrltNow. Colaa.y.a ft 0 ED 120 BA rte, L`l 0 Luther Brooklyn C eater Dealerships Luther Brookdale Honda Luther Toyota City & Scion Luther Brookdale Che lell Luther Brookdale Buick Pontiac GMC CITY 5U6MITTAL JUNE 19. 2008 F O a M w w ur PRELMINART Ov£RALL LN109CAFe PLAN a L-200 „ro. i•..,. ~ Fem. 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The properties under consideration are currently zoned C-2 (Commerce) and R-3 (Multiple Family Residence and are located along the easterly side of BrooklyndBoulevard between I-94 and 69th Avenue North. They are bounded on the north by 69th Avenue; on the east by R-3 zoned property containing a non-conforming single family home and a townhouse compelx along with four R-1 zoned properties abutting Grimes Avenue North; on the south by I-94 right of way; and on the west by Brooklyn Boulevard and the lot addressed as 4215 69th Avenue North. The two proposed lots along with the lot addressed 4215 69th Avenue North (Lot 1, Block 1, Chrysler Realty Addition) will make up what the applicant refers to as the "Luther East Side Development" (see Planning Commission Application No. 2008-005 for the PUD proposal). The East Side Development along with the "Luther West Side Development" (see Planning Commission Application No. 2008-003 for the PUD proposal) will make up a major redevelopment by the Luther Companies for the east and west sides of Brooklyn Boulevard between I-94 and 69th Avenue. A similar preliminary plat application and Planned Unit Development proposal were submitted and approved in 2005 and 2006 by the City Council. The Luther Company, however, has recently acquired the property at 401169th Avenue North and wishes to incorporate this into their east side development. This property is zoned R-3 (like 4101 69th Avenue) and contains a non- conforming single family home which will be demolished or relocated. They also plan to demolish the existing Brookdale Buick, Pontiac, GMC building at 6800 Brooklyn Boulevard once the remodeled facility on the west side of Brooklyn Boulevard is completed. This will make way for a new Honda dealership to be built on the expanded site. Plans are also to incorporate the lot at 4215 69th Avenue North owned by Luther in to the Honda dealership lot. Page 1 7-17-08 Generally, city ordinances require separate propreties that are contiguous and under common ownership and common use to be combined into a single parcel through a plat or registered land survey. This would normally be the appropriate time to accomplish such a combination but the applicant, on the advice of their legal representative, is requesting they not be required to do so at the present time because of potential environmental issues relating to the former Pilgrim Cleaner site and potential groundwater and soils impact on the property in question. Appropriate cross access and parking agreements along with a declaration approved by the City Attorney binding this lot to the proposed Lot 1, Block 1, Bri Mar 2nd Addition should be filed with the titles to the property. The waiver of the platting requirement is part of the Planned Unit Development consideration under Application No. 2008-005. The proposed new plat is to be known as Bri Mar 2nd Addition and will contain two new lots. Lot 1 (the Brookdale Honda site - 6800 Brooklyn Boulevard) is proposed to be 301,016 sq. ft. (6.9 acres) and Lot 2 (the Toyota City site - 6700 Brooklyn Boulevard) is proposed to be 361,109 sq. ft. (8.23 acres). The lot at 4215 69th Avenue North is 54,860 sq. ft. (1.26 acres) and when incoroporated with the Honda site will make an approximate 8.17 acre site for that use. The two newly created lots will exceed the minimum requirements for lots in the C-2 (Commerce) underlying zoning district. Access to the proposed Lot 2 will be essentially the same with a right in, right out access midway along Brooklyn Boulevard and a shared access wih the proposed Lot 1 at the signalized intersection of 68th Avenue North and Brooklyn Boulevard. Access to Lot 1 will be at the shared access at 68th/Brooklyn Boulevard and a reconfigured. access on 69th Avenue North across from the intersection of Halifax and 69th Avenue. The existing access to the lot addressed 4215 69th Avenue North, will be in the same location providing access to the proposed Honda dealership on Lot 1. An existing access to the proosed Lot 1 from 69th Avenue North will be closed as will the access currently serving 4011 69T Avenue North. Removal of and modifications to accesses along 69th Avenue will require to restoration of sidewalk and curb and gutter in these areas. This will be the applicant's responsibility and will be part of the plan considered under the Planned Unit Development in the companion application (Application No. 2008-005). The Director of Public Works/City Engineer is reivewing the preliminary plat and will make written commnets which will be attached for the Commission's review. Copies of the preliminary plat have been forwarded to Hennepin County for review because Brooklyn Boulevard is a county road. It should be noted that the County has preliminarily reviewed accesses along Brooklyn Boulevard and is in agreement with the applicant's proposals. This plat is more than five acres in area and is subject to Shingle Creek Watershed Management Commission review. No on site water detention is planned for this development as storm water will be sent to a regional facility located in the Palmer Lake basin area, which has been designed to accommodate such a discharge. Page 2 7-17-08 The properly line separating the new Lot 1 and Lot 2 has shifted to the north which may cause the need for the access agreement between the two sites which has previously been established, to be modified to allow cross access for the proposed Lot 2 over Lot 1. An appropriate agreement should be executed and filed at the time of the filing of the plat, if necessary. Building permits for the proposed Honda and Toyota dealerships will not be issued until the final plat comprehended under this application has been given final approval by the City Council and filed with Hennepin County. 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 This preliminary plat is dependent upon the approval of the Planned Unit Development under Planning Commission Application No. 2008-005. We believe the preliminary plat is in order and approval is recommended subject to at least the following conditions: 1. The-final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2008-005. 4. Appropriate cross access and cross parking agreements and a dedication binding Lot 1, Block 1, Chrysler Realty Addition to the proposed Lot 1, Block 1, Bri Mar 2nd Addition, as approved by the City Atttorney shall be developed and filed with the titles to the property. 5. The applicant shall provide the city with an executed copy of shared access easement between the proposed Lots 1 and 2, Bri Mar 2nd Addition prior to final plat approval to be filed with the titles to the properties. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along with the final plat. Page 3 7-17-08 8. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2008-005 shall not be issued until the plat has been given final approval by the City Council and filed with Hennepin County. 9. The existing house at 4011 69`h Avenue North shall be demolished or removed from the property and all utilities appropriately disconnected prior to final plat approval. Page 4 7-17-08 1 t - 4 N ~ ~ A W w w z ti IN: . 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DwnaY a ~ ,a.~ ,ecaf s Is.o a ur a w.aa Ms,au w n ~ JUNE HM~ ~F.AMS XY yM,M 0 ' yM PRELMiNiIQ/- R4t NORTH I~r Cw~ c~o~ Application Filed on 6-19-08 City Council Action Should Be Taken By 8-18-08 (60 Days) Planning Commission Information Sheet Application No. 2008-005 Applicant: The Luther Company LLLP Location: 6700 and 6800 Brooklyn Boulevard anad 4011, 4101 and 4215 69th Avenue North Request: Planned Unit Development Rezoning/Development Plan Approval - PUD/C-2 The applicant, the Luther Company LLLP, is requesting rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) and development plan approval for five contiguous lots located on the easterly side of Brooklyn Boulevard between I-94 and 69th Avenue North currently addressed as 6700 and 6800 Brooklyn Boulevard and 4011, 4101 and 4215 69th Avenue North. The purpose of the proposal is for the development of two new automobile dealerships (Honda and Toyota) on two adjacent lots to be created under Planning Commission Application No. 2008-004 (Preliminary Plat). The properties are all currently zoned C-2 and/or R-3 and are bounded on the north by 69th Avenue; on the east by R-3 zoned property containing a non-conforming single family home and a townhouse complex along with four R-1 zoned properties abutting Grimes Avenue North; on the south by I-94 right of way; and on the west by Brooklyn Boulevard. The two new lots proposed to be created under Planning Commission Application No. 2008-004 and the lot addressed as 4215 69th Avenue North (Lot 1, Block 1, Chrysler Realty Addition) will make up what the applicant refers to as the "Luther East Side Development", part of a major redevelopment and expansion of the entire area (see also Planning Commission No. 2008-003). BACKGROUND The Luther Company has acquired all of the land for automobile dealership businesses in the area on either side of Brooklyn Boulevard between I-94 and 69`h Avenue as well as two non- conforming single family homes on 69th Avenue. The major redevelopment includes the remodeling and expansion of the Chevrolet dealership at 6700 Brooklyn Boulevard and the remodeling and expansion of 4301 and 4315 68th Avenue North for a new location for the Buick, Pontiac, GMC (BPG) dealership and will be what the applicant refers to as the "Luther West Side Development" (Planning Commission Application No. 2008-003). Two new automobile dealerships will be developed on the east side of Brooklyn Boulevard on reconfigured lots including the two above mentioned residential lots which are proposed to be rezoned also to PUD/C-2. The existing building at 6800 Brooklyn Boulevard which is currently occupied by Brookdale Buick, Pontiac, GMC will be demolished after the business is moved to the remodeled and expanded building on the west side of Brooklyn Boulevard. A Honda dealership and a Toyota dealership, the subject of this PUD application, will then be developed on the east side of Brooklyn Boulevard on the newly created sites. A similar Planned Unit Development Rezoning and development plan were submitted and approved in 2005 and 2006 by the City Council. The Luther Company, however, has recently Page 1 acquired the property at 4011 69th Avenue North and also wishes to incorporate this into their east side redevelopment. This property contains a non-conforming single family home which is slated to be demolished. As mentioned, they also plan to demolished the existing BPG building at 6800 Brooklyn Boulevard after moving the business to the Luther West Side Development and build a new Honda dealership on the expanded site and the Toyota dealership on the site to the south that at one time had been primarily the site of Ryan Oldsmobile. The Luther Companies have settled on the current plans represented in Planning Commission Application Nos. 2008- 003, 2008-004 and 2008-005 for the redevelopment. It is anticipated that future modifications will be made to the current Brookdale Honda dealership located at 6801 Brooklyn Boulevard (the northwest corner of 68th and Brooklyn Boulevard). The applicant has submitted a letter of application outlining the history of their involvement with the properties in question, presenting their development proposal and their rational and justification for their PUD and preliminary plat requests. (See June 19, 2008 letter from Linda McGinty, Director of Real Estate and Development for the Luther Company, LLLP - attached.) The applicant is seeking the PUD/C-2 rezoning to accomplish the development proposal under this application for a number of reasons. Under the current C-2 zoning, automotive repair is not allowed to abut R-1, R-2 or R-3 zoned property at a property line or at a street line. Such abutment exists and will continue to exist along the east property lines of the two new automobile dealerships and also along the north side of 69th Avenue North. Redevelopment of new automobile service areas, cannot go forward, other than under the PUD process, which can comprehend such a modification. The applicant believes this modification can be offset by the screening and buffering they will provide to these residential properties as part of their plan. It should be noted that this same essential plan was approved by the City Council through two previous PUD proposals submitted by Luther Companies in 2005 and 2006. The PUD process was never totally completed and technically has not yet been approved necessitating their need to proceed again through this process. It should be further noted that the PUD process was used to allow expansion and redevelopment of the automobile service operation at Brookdale Chrysler property at 62nd and Brooklyn Boulevard and also the development of the Brookdale Mitsubishi dealership with a service operation in the 7200 block of Brooklyn Boulevard where similar residential abutment existed. The applicant is also seeking the PUD rezoning for a waiver from the requirement that the lot at 4215 69`h Avenue North (which is owned by Luther Companies) be required to be combined into a single lot with the lot proposed for Brookdale Honda because they are under common ownership and proposed for a common use. They note that they will provide the ncessary cross access and parking easements to accomplish the flow of traffic through the sites and will agree to not convey the lots separately but have been advised by their legal representative not to combine the lots because of potential environmental issues relative to the migration of contaminants from the former Pilgrim Cleaner site which was at one time to the west of this property. They also request to be allowed a slight encroachment into the 15 green strip at the southwest corner of the Toyota site to allow a main display pad with a pergola and fence with a "Welcome to Brooklyn Center" ground message at that location. This appears to be appropriate provided it is properly maintained and only modified with the concurrence of the City of Brooklyn Center. 7-17-08 Page 2 As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case C-2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant will be seeking modifications to allow automotive repair to abut R-1, R-2 or R-3 zoned property; to not be required to combine two parcels of land under common ownership proposed for a common use; and a slight encroachment to the 15 ft. green strip at the southwest corner of the proposed Toyota site for the purpose of a main display pad. Their plan for offsetting the abutment issue is to have an 8 ft. high fence contained within an established 35 ft. buffer strip, which will be all along the east sides of the two properties and has proved to be sufficient and adequate screening and buffering for automotive repair uses which have been conducted on these sites for over 40 years. They propose to provide an eight foot high combination masonry and wood decorative fence along 69th Avenue North in the green strip area across the street from residentially zoned property. This for all practical purposes will be an extension of the existing brick and wood screening fence that exists in this area and has provided sufficient screening of the parking and storage areas on these automobile dealership lots. A cross access and parking arrangement for free flow of traffic between the site at 4215 69th Avenue North and the proposed Brookdale Honda operation appears to offset concerns regarding the waiving of the platting requirement to combine this lot into a single lot at this time because of common ownership and common use. At some point in the future, when there are no longer environmental issues related to the old Pilgrim Cleaner site, the applicant should comply with ordinance requirements and combine the lots into a single parcel through platting or registered land survey. In the meantime, the applicant should also agree to only convey these lots together. The slight encroachment into the 15 ft. green strip at the southwest corner of the Toyota dealership appears to be appropriate and will convey a Welcome to Brooklyn Center ground message at that location. The applicant should agree to properly maintain this display area and only modify it with the concurrence with the City of Brooklyn Center. The Planning Commission's attention is directed to Section 35-355 of the City's Zoning Ordinance, which addresses Planned Unit Developments (attached). REZONING The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlines in Section 35-210 of the zoning ordinance as well as being consistent with the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208. The Policy and Review Guidelines are attached for the Commission's review. The applicant has submitted written comments describing their proposal and has made written comments relative to how they believe their proposal meets the guidelines. 7-17-08 Page 3 As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The policy states that rezoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for rezoning review. The evaluation of this zoning proposal is very similar and almost identical to that which was considered for the development of the east side of Brooklyn Boulevard in 2005 and 2006. Compliance with the guidelines was also re-evaluated under Planning Commission Application No. 2008-003 which comprehends the Planned Unit Development proposal for the west side of Brooklyn Boulevard between I-94 and 68`h Avenue North. It is not believed to be necessary to go point by point through the Rezoning Evaluation Guidelines, however, the Commission should evaluate the proposal based on those guidelines. The applicant notes in their written comments, that the proposal is consistent with the City's Comprehensive Plan, that the property is suited for these uses in the district relative to size, configuration, topography and location. They also believe the proposal demonstrates merit beyond the interests of the owners. They point out that the vast majority of the property has historically been used as an automobile sale, service and repair use so the proposed rezoning can be considered consistent and compatible with surrounding land use classifications. They add that the rezoning does not propose a major change in use and is consistent with the Comprehensive Plan. The property will bear fully the ordinance development restrictions for the proposed zoning district with the exception of the modifications they are proposing which can be offset or mitigated by various factors contained in the plan. They comment on other physical features of the plan which they feel are consistent with the Rezoning Evaluation Policy and Review Guidelines. We would concur with the comments made by the applicant and believe that this major redevelopment of the automobile dealerships in the area on Brooklyn Boulevard between I-94 and 69`" Avenue are an appropriate and much anticipated redevelopment of this area. It is consistent with the City's Comprehensive Plan and we believe the proposal does balance the business needs of the community with that of surrounding properties. It is not anticipated that the proposal will be a detriment, but, on the other hand, it should be a positive factor in providing a positive effect on the community. It is also believed that the proposal can be considered consistent and compatible with surrounding land use classifications. The modifications requested can be appropriately offset or modified by the plan submitted and it appears that the proposal does have merit beyond just the particular interests of the developer and should be considered a redevelopment that can be considered compatible with the surrounding land uses and the City's Comprehensive Plan. It should be noted that the automobile dealerships in the area have been a stable commercial use in this part of Brooklyn Center for well over 40 years and there is no direction to attempt to change these land uses but only to upgrade them. The applicant's proposal can be considered in the best interest of the community given the plans that are being submitted. 7-17-08 Page 4 SITE AND BUILDING PROPOSAL As mentioned previously, the applicant is proposing the development of two new automobile dealerships on the easterly side of Brooklyn Boulevard between I-94 and 69th Avenue North. Two new lots are proposed to be created under Planning Commission Application No. 2008-004 (Preliminary Plat). The northerly lot, the proposed Lot 1, Block 1, Bri Mar 2nd Addition along with 4215 69"' Avenue North will make up an 8.17 acre site for the development of the new Honda Dealership to be addressed as 6800 Brooklyn Boulevard. The proposed Lot 2, Block 1, Bri Mar 2nd Addition is an 8.23 acre site for the development of a new Toyota dealership to be addressed as 6700 Brooklyn Boulevard. An existing single family home along 69th Avenue will be demolished and the building currently housing Brookdale BPG will also be demolished following the relocation of that business to the west side of Brooklyn Boulevard once those improvements are completed. The new dealerships will be located roughly in the middle of the newly created sites with the Honda Building being a 53,277 sq. ft. showroom, office, service operation and storage facility with a second floor over a portion of the building. The Toyota building will be 56,521 sq. ft. containing showroom, office, service operation and storage facilities also with a second floor over a portion of the building. We have previously mentioned the modifications to ordinance standards the applicant. is proposing through the PUD process. These include allowing an automobile repair facility abutting R-1, R-2 or R-3 zoned property; waiving the requirement to combine 4215 69th Avenue North into a single parcel with 6800 Brooklyn Boulevard because of common ownership and common use; and a slight encroachment into the 15 ft. green strip at the southwest corner of the Toyota site to allow a decorative main display pad with a pergola and a fence and a "Welcome to Brooklyn Center" ground message. Recommendations will be offered as we review applicable parts of the plan. ACCESS/PARKING/GREEN STRIPS There will be four access points to the two sites. A right in, right out access to the Toyota property about midway between I-94 and the 686i Avenue intersection with Brooklyn Boulevard. A shared access between the Honda and Toyota sites at the 68th Avenue signalized intersection. The location of an existing access on 69 h Avenue at the median break and across from the access to the commercial center on the north side of 69 h and a new access on 696' Avenue at the median break at Halifax Avenue North. An existing access on 69th serving the home at 4011 696i Avenue will be closed, necessitating the need to make permanent improvements of curb, gutter, sidewalk and turf by the developer. Internal access between the two dealerships will be established necessitating the need for cross access agreements between the two sites. Minimum 15 ft. green strips will be established along all street right of way for the two sites. This is different from the 2005 and 2006 plans. which anticipated some encroachments on the 15 ft. green strips. A 35 ft. buffer strip bound by curb and gutter will be established all along the east property lines of the sites where the dealerships abut with R-3 zoned properties. Parking for the site is based on a combination of parking formulas. The retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of the building; the office parking formula of one space for every 200 sq. ft. gross floor area for the service/office 7-17-08 Page 5 portions of the buildings; three spaces for every service bay and one space for every service bay employee for the service garage area; one space for every 800 sq. ft. of gross floor area for strictly storage area; and two parking spaces for service vehicles. Required parking for the Honda site is 300 parking spaces based on 34 service bays (102 spaces); 40 service employees (40 spaces); 11,590 sq. ft. of service/office space (58 spaces); 14,400 sq. ft. showroom/retail space (79 spaces); 15,510 sq. ft. of strictly storage space (19 spaces); and two service vehicles. There are 587 parking spaces provided on the Honda site. Required parking for the Toyota property is 354 parking spaces based on 38 service bays (114 spaces); 45 service employees (45 spaces); 12,730 sq. ft. service/office space (64 spaces); 20,379 sq. ft. showroom/retail (112 spaces): 13,785 sq. ft. strictly storage space (17 spaces); and two service vehicles. There are 624 spaces provided on the Toyota site. Modification to the green strip requirement is being requested to allow an encroachment at the southwest corner of the Toyota site to allow for a decorative main display pad containing a pergola and fence along with a "Welcome to Brooklyn Center" ground message. This appears to be an appropriate decorative display even highlighting Brooklyn Center, provided the display is properly maintained, and if it is to be modified or changed, only with the concurrence of the City. GRADING/DRAINAGE/UTILITIES The applicant has provided preliminary grading, drainage, utility and erosion control plans which are being reviewed by the Director of Public Works/City Engineer. His comments relative to these items are attached for the Commission's review. B-612 curb and gutter is required around all parking and driving areas per city ordinance. The applicant has indicated a desire to provide B-412 curb and gutter in certain areas on the site. The City Engineer has previously indicated that B-412 curb and gutter (which is a 4 in. high curb and a 12 in. wide gutter) may be appropriate in some areas where water will not be conveyed. Generally, it is my understanding, that B-612 curb and gutter should be provided around the perimeter of the site and B-412 curb and gutter might be used in other locations depending upon the recommendations of the City Engineer. Drainage from these sites will be directed to a, regional storm water pond that is located in the Palmer Lake Basin. The overall drainage plan had been reviewed and approved by the Shingle Creek Watershed Management Commission at the time the regional pond was developed. It is assumed that calculations will have to be submitted to the City Engineer in order to determine the adequacy of the ponding area to handle drainage from the site. It should be noted that all parking and storage of vehicles must be on an approved hard surface area of bituminous or concrete. No vehicle parking or storage may be in landscaped or unimproved areas on the sites or within the green strips adjacent to street right of way other than in the locations designated on the plan and approved as part of this Planned Unit Development. 7-17-08 Page 6 LANDSCAPING/SCREENING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. The 8.17 acre Honda site requires 530 landscape points. They plan to retain up to 22 existing shade trees, five coniferous trees and four decorative trees on the site and provide 351 more points for a total of 607 landscape points. Ten new Red Mount Linden will be planted in island areas north and west of the building; four Prairie Fire Crabapple trees are to be planted in the 690, Avenue green strip on both sides of the westerly access. Conifers including Austrian Pine and Colorado Spruce are to be planted in the easterly buffer area. Foundation, island and display area shrubs including Dwarf European Cranberry bush, Neon Splash Spirea, Russian Cypress, Bluechip Juniper and Niagara Yew. The Toyota site is required to have 538 landscape points. They propose to provide 554 points by retaining four existing shade trees and adding 17 more shade trees (Red Mound Linden) in the 35 ft. buffer area on the east side of the property; the I-94 and Brooklyn Boulevard green strips and in islands in the front of the building. Four Prairie Fire Crabapple will be planted in the Brooklyn Boulevard green strip, two on each side of the right in, right out access; 34 conifers (Austrian Pine and Colorado Spruce) will be planted in the 35 ft. buffer area on the east side of the property. Over 268 shrubs are to be planted around the perimeter of the building in island areas on the north, west and south sides of the building and by the display areas at various locations. The landscape plan exceeds the minimum points required. Underground irrigation is required in all landscaped areas to facilitate site maintenance. It is recommended that the irrigation system cover the Boulevard areas in Brooklyn Boulevard and 690i Avenue including the remaining portion of the old Pilgrim Cleaner site which is labeled "no irrigation". With respect to screening, the ordinance requires a minimum 35 ft. buffer area where C-2 property abuts R-1, R-2 or R-3 zoned property at a property line. Such a buffer will be established along the west sides of the site where abutment with R-3 and R-1 property will exist. An 8 ft. high wood fence will be established and/or continued along the east side of the two properties. Along the north green strip there is an existing wood fence with brick piers which will be continued and expanded along the north property line of the Honda site to screen the parking areas from the R-1 residential area on the opposite side of 690i Avenue. BUILDING The applicant has submitted building elevations and floor plans for the two proposed buildings additions. The building exterior for the Honda building contains insulated precast concrete panels and EIFS to match these concrete panels and a silver and Honda Blue aluminum composite panels. A painted steel canopy will be provided on the front elevation. Display windows are on the front (west elevation) and parts of the north and south elevations. Service doors will be to the back (east elevation) with the service write up area on the south side of the building and car wash bays will be located at the northeast corner of that building. The Toyota building will be precast concrete panels with EIFS to match along with aluminum composite panels and metal cap flashing. Display windows are to be on the front (west) and portions of the north and south elevations. Service doors will be the rear (east elevations) of the 7-17-08 Page 7 site. The service write up area for this building is to be on the north end with service doors entering and exiting the area. Car wash bays are to be at the southeast corner of the building. Both buildings have a second story floor over a portion of the buildings. LIGHTING/TRASH The applicant has submitted a lighting plan indicating proposed foot candles that are consistent with Section 35-712 of the city ordinances. They propose the same light fixtures that are to be provided on the Chevrolet and Buick, Pontiac, GMC buildings on the west side of Brooklyn Boulevard. The light standards shown will be twenty four feet in height and of different varieties all are to be a cut off type light to direct illumination down onto the site. City ordinances require that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than 3 foot candles measured at property lines abutting residentially zoned property. A review of the plan shows that this foot candle level will not be exceeded where the sites abut with the R-3 and R-1 properties to the east. Our main concern is that all lighting be shielded and directed on the site to avoid glare to abutting properties and abutting street right of way and that it be consistent with the standards that are noted above in city ordinances. Their lighting plan indicates that they will comply with ordinance standards on the two new developed sites. Trash container areas are shown on each of the two lots. In the case of the Honda building, it will be the east of the building and to the southeast of the Toyota building. No details as to materials are provided. We would recommend a masonry structure sufficient in height to completely screen trash containers from view and contain solid opaque gates. PLATTING A preliminary plat has been submitted under Planning Commission Application No. 2008-004 which will replat into two new lots at 6700 and 6800 Brooklyn Boulevard. As indicated previously, the applicant is requesting that it not be required to combine the property addressed as 4215 69th Avenue with the 6800 Brooklyn Boulevard lot to be created. We have requested that appropriate cross access and parking agreements be established between this site and the 6800 Brooklyn Boulevard site to accommodate the site flow as indicated in the plans submitted. The reason the applicant is requesting that it not be required to combine the lot with the main lot is based on legal representation that has been made to them that they not be required to combine this lot at the present time because of potential environmental issues relating to the former Pilgrim Cleaner site and potential groundwater or soils impacts on the property in question. Given appropriate cross access and parking agreements being executed in a manner recommended by the City Attorney, we believe that this requirement can be waived at this time. Once the environmental issues have been clarified, it would be appropriate for the applicants to replat the property into a single lot and this should be a condition of approval. PROCEDURE State Statutes require the City to respond to zoning applications within a 60 day time limit from the day a properly submitted application has been filed with the City. This application was filed 7-17-08 Page 8 on June 19, 2008 and City Council action should be taken by August 18, 2008. Due to zoning requirements for notice and publication, the application needs to be submitted approximately four weeks prior to the Planning Commission's public hearing. The clock, however, begins on the date the application is accepted. Therefore, the zoning decision must be made by the City Council no later than August 18, 2008. Almost 30 days of the 60 day time frame will have expired before the Planning Commission can hold its public hearing. This requirement makes it difficult for the City to hold Neighborhood Advisory Group meetings as they have in the past. The Council, because of this, decided that the neighborhood Advisory Group process should not be pursued. A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post. The Planning Commission, following the public hearing, may wish to consider a draft resolution which has been prepared for consideration. The draft resolution outlines various possible findings with respect to the Planned Unit Development and minimum conditions related to the development plan approval. 7-17-08 Page 9 t ~L P ut ui w - 4 7 ! AVE 1 t Z t a PLANNING COMMISSION o APPLICATION NO. 2008-005 t a c GARDEN CITY SCHOOL. 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Kt ••1•I ' ~«.R .wm c..cu.aw «uors~ w~ 1°'O'0 wao iw I nn w nw aw.e twa w w r.la) .o.yxp of 4o.4v ~ r MACK _ ®IIIIIIIITT~ ®d jqmmmnmmo RAILING WITH PIERS ~J I j Z DISPLAY PAD WITH PERGOLA :f. . ~QOAAi GY.t'•c FK'~6 C MAIN DISPLAY PAD 13A 0 L~ 4*1 armwacw" Dealership ~.ryparr,aln Lu1Mr k Lutbw Toyab City k Scion Luther BroehdW ChwrNet k Lud w Broohdob Hulett Pontine GMC it CITY SUBMITTAL JUNE 19.20045 r O It M ~wwww r wr.~~ ® f'RELII'IINARY OVERALL LAr,oxArE PLAN HDItIl1 L-200 .a..~1B►.SwBB. ~l 2D I i I ..r rr..l a~ ra I sa v.a I i I r I e I CBS' . 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Fn M-a : 1378.F O RµIbV RY1Plw TalaL)2.1315F _ =r-1' A-701 ' 2 S I s a BA E I I I I I I E~ 1 I I I I I I o Bmoklyn Center D V., Brookdale Honda _ - , I - - M -------o f- ~~o--- - , - 1 , 1 1 i---------; II i i i I ~ I 1 yi b b b b b b b b b Ss Floor 17.M SY ~"a F,ea nnn M--: 1,177 S.F C r w =!A 02 E ~C D 11~ ~1t~a S pl yyy.r4 S llA ~t~~y tNC. S eanffi sJ~~ ~qµm~` 4 s ss 3 E 2 i ~f roc a yrw~ ei ~r.r-e S lI ~qy y~ rr .tom pr 1 pw20 ' s e BA - - I'llik ml o Im t 10 1:11 - Brooklyn Center r--_, •y - 1+ Dealers Np ~.aimc~. nw ~k !rookdale Honda El "1 -4 D7 yy..r.P n r 8 r le. Q. l r vp•.r-e ~~,A301 w_ 0 ()i, ~a Q Q Q Q n n o __Q I I I~1 ~ , I ~ .v I I I , I~ - - I r____ II I I I~ I 1 II ail I ' , I I Irtl . 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T - - -0 } t~_1_J L•_1 _J L-1_J e_1_J e_1_J [_1_J t_1_J t_1_p [_J I I I I 1 I I I I I III I I I I III I I I I I I~ I ~va I a l v .`.I I r` a C as Q~ PP> ¢E m o g¢¢w gy p ~NH o S gel ~ v arar.r~ 3 3 , IL I ~ I I I I I I 1 I s I I ~ I I iI I I I O1 i I I I I ~ I I I I ~ _ I I I i 1y e 1 1 I I 7 I d _I j I I I I I I 1 I, - -11 I 2 1 it I 1 I I I I I I J I I I I I I 11 ~ I I I I I w~ I 1 I I 1 I I I I I t I I I k ~ I I 1 o- a } 11 I I I. M , b ~ b b n I t I i I I I I r ' I 9 I I r_-- I 1 L I I I r : I I I I ern I L___ 1 I r-- 1 r-----1 L-_ s I I I b a d Fl . 1I~Z0 s.F 1,137s.F BA ..N . Brooklyn Center Dcalcrship Toyota C'ty ,,..••a.~ae F~, ti. --;A-102 1 I b~ b HI Eq~p EYwtlaee C un'.r.s yp•.re d y# r-r oo.d Ewna. al yp..r.I A C? BA E ~ B n~CemeT Dea]cnYnp Toyota City D s.+le1~~> EINe~Ia+ A-201 5 ~ i Wli ~ 3a ~ Vn ~ h s m< ~ w o ~ F n m o f O- I Hid I ~ I o- - on Tai ~ ~O g; 6s Q q'i If r