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HomeMy WebLinkAbout2007 04-12 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER APRIL 12, 2007 REGULAR SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes March 15, 2007 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. Manley Commercial, Inc. 2007 -005 Request for Preliminary Plat approval to combine and redivide three lots and surplus right of way into three new lots and a common area for a development under a Planned Unti Development (PUD). 6. Manley Commercial, Inc. 2007 -006 Request for Rezoning from C -2 (Commerce), R -3 (Multiple Family Residence Townhouses) and R -1 (One Family Residence) to PUD /C -2 (Planned Unit Development/Commerce) and Development Plan approval through the PUD process of a three building, 25,500 sq. ft. commecial retail/service center. 7. Global Construction Investment Co., Inc. 2007 -007 Request for Preliminary Plat approval to subdivide the proposed townhouse development at 4821 Twin Lake Avenue into two lots and a common area. 8. Other Business 9. Adjournment Application Filed on 3/15/07 City Council Action Should Be Taken By 5/14/07 (60 Days) Planning Commission Information Sheet Application No. 2007 -005 Applicant: Manley Commercial, Inc. Location: Northwest of T.H. 252 and 66th Avenue North Request: Preliminary Plat The applicant, Manley Commercial, Inc., is seeking preliminary plat approval to combine and redivide three lots and surplus or excess right of way into three new lots and a common area for development under a Planned Unit Development of a three building, 25,500 sq. ft. commercial retail/service center (see Planning Commission Application No. 2007 -006 for a proposed PUD rezoning and development plan approval). The properties under consideration are located northwesterly of T.H. 252 and 66 Avenue North and lay between the Holiday Station Store (420 66 Avenue North), a dental office (512 66 Avenue North) and 67 Avenue North. The south parcel adjacent to the Holiday Station and dental office is 1.24 acres, is currently zoned C -2 (Commerce) and is described as Lot 3, Block 1, Holiday Brooklyn Center Addition. The parcel to the north of this is 1.85 acres, is currently zoned R -3 (Multiple Family Residence Townhouse) and is described as Outlot A, Riverwood Townhomes, except for MnDOT right of way. The third parcel is at 419 67 Avenue North, is .22 acres, is currently zoned R -1 (One Family Residence), contains an existing single family home and garage and is described as Tract M, RLS No. 80. The balance of the property is approximately .45 acres of surplus or excess right of way including an unimproved portion of 5th Street North and property acquired by MnDOT for the T.H. 252 widening that was turned over to the City of Brooklyn Center after the completion of that project. The properties in question are bounded on the north by 67 Avenue with R -1 zoned property on the opposite side of the street; on the east by T.H. 252; on the south by the Holiday Station and a dental office zoned C -2; and on the west by R -3 zoned property containing the Riverwood Townhomes. The applicant's plan is to combine and rezone the property to PUD /C -2 (Planned Unit Development/Commerce) to create a development site for the previously mentioned development proposal. The proposed plat, which is to be known as Lincoln Crossing, would create four parcels, three of which (Lots 2, 3 and 4) would be slightly larger than the rectangular buildings they propose on their development and the 4 (Lot 1) would be the common area containing the parking lot, green strips and buffer areas. It is recommended that the lot designations be changed to Lots 1 through 3 for the building areas and Outlot A for the common area. The use of the outlot designation is more common in Brooklyn Center for designating the common area and is prevalent in townhouse plats. This arrangement of lots will make it possible for individual ownership for each of the proposed buildings and a common ownership interest in the common area. It will be 4 -12 -07 Page 1 necessary to establish a Declaration of Covenants and Restrictions regarding the ownership and maintenance of the common area (recommended Outlot A). This declaration should be subject to the City Attorney's review and should be filed with the final plat. Given the applicant's plan, it will be necessary for the city to vacate the approximate 60 ft. by 99 ft. area labeled as 5 Street North right of way which will have to replace with an appropriate drainage and utility easement. Also, various areas within the plat designated as drainage and utility easements, generally bounding the old property lines, will have to be vacated as well. This will require an ordinance amendment which will have to be formally pursued by the applicant through the City Engineer. The land area south of what is needed for 67 Avenue North right of way for the existing cul -de -sac is proposed to be conveyed to the applicant for inclusion in this development. This property acquired by MnDOT for the T.H. 252 project was turned over to the City of Brooklyn Center as excess highway right of way and for the needed right of way for 67 Avenue North. Agreement as to this conveyance will need to be completed between the applicant and the City's Economic Development Authority (EDA). Sanitary sewer and a water main are utilities that exist in a 60 ft. wide easement running through the approximate center of the site and in the 5 th Street Avenue North right of way that is proposed for vacation. For the proposed development to be accomplished, an easement of 40 ft. wide rather than 60 ft. is being requested. The Public Works Director /City Engineer is reviewing the preliminary plat along with the proposed development plan and will be offering his written comments for the Commission's review. To accomplish what is the applicant's intention will require a new 40 ft. wide drainage and utility easement to be developed and filed with the plat. I believe the City Engineer will want to retain the 60 ft. easement, however, it may be possible to relocate the utilities and easement to the east to accommodate the development. It should be noted that no vehicle access to this site from anywhere on 67 Avenue North is recommended and should be a condition of preliminary plat approval. The applicant is well aware of this recommendation and their development plans reflect this. Access to the development will be from 66 Avenue North through a driveway serving the existing Holiday Station and dental office. A cross access agreement was provided to the south end of this development to serve as future access and will continue with this development. The access agreement should be continued and filed with the final plat if necessary to continue this access arrangement. The single family home and garage at 419 67 Avenue are to be removed. It would be inappropriate for a single family home to exist on the property once it is rezoned as proposed under the Planned Unit Development rezoning. Therefore, it is recommended that the home and garage be removed from the site prior to final plat approval and the approval of the necessary ordinance amendment describing the property to be rezoned. 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 Page 2 For the most part, this preliminary plat is dependent upon the approval of the Planned Unit Development comprehended under Planning Commission Application No. 2007 -006. If that application is not approved, it is highly unlikely that this preliminary plat would be pursued. The following conditions are recommended if the Planning Commission wishes to move this application along favorably: 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. 2007 -006. 4. The preliminary plat shall be modified by relabeling the building parcels as Lots 1, 2 and 3 and the common area as Outlot A. 5. The owner association documents and declarations shall be reviewed and approved by the City Attorney and filed with the final plat. 6. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use, as approved by the City Engineer, prior to final plat approval. 7. Water and sanitary sewer services to the existing home at 419 67 Avenue North shall be disconnected at the mains prior to building removal or demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the City Engineering department office. 8. The home and accessory building at 419 67 Avenue North shall be demolished and/or removed from the property prior to final plat approval. 9. No vehicle access to the proposed site shall be gained from anywhere along 67 Avenue North. 10. Building permits for construction of any building comprehended under Planning Commission Application No. 2007 -006 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 11. All necessary easement and right of way vacations shall be accomplished by ordinance amendment and formally requested by the applicant prior to final plat approval. 12. The access agreement granting access to this site from 66 Avenue North shall be re- reviewed by the City Attorney for appropriateness prior to final plat approval. 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T ­R1 NN T SCALE IN FEET C-3.031 —A FMI City of Brooklyn Center A Millennium Community MEMORANDUM DATE: April 9, 2007 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works✓ SUBJECT: Preliminary Plat and Site Plan Review Planning Commission Applications 2007 -005 Lincoln Crossing Public Works Department staff reviewed the following preliminary documents submitted for review under Planning Commission Application 2007 -005 for the proposed Lincoln Crossing Commercial /Retail Development Site. Sheet C2.01: Existing Conditions, dated March 9, 2007 Sheet C3.01: Site Plan, dated March 9, 2007 Sheet C3.02: Overall Site Plan, dated March 9, 2007 Sheet C3.03: Preliminary Plat, dated March 9, 2007 Sheet C4.01: Grading Plan, dated March 9, 2007 Sheet C5.01: Erosion Plan Phase I, dated March 9, 2007 Sheet C5.02: Erosion Plan Phase Il, dated March 9, 2007 Sheet C5.03: Erosion Details, dated March 9, 2007 Sheet C6.01: Utility Plan, dated March 9, 2007 The applicant is proposing to develop property consisting of: Track L and M, Registered Land Survey 80; Lot 3, Block 1, Holiday Brooklyn Center Addition; and Outlot A, Riverwood Townhomes Addition. 1. Preliminary Plat The proposed subdivision plat encompasses vacant land located north of the existing Holiday Station Store. The site layout provided on the preliminary plat would require the vacation of the existing public right -of -way for 5 th Street North. The preliminary plat also designates that approximately 6,100 square feet of City owned land, Track L of RLS 80, as being incorporated into the commercial site for use as parking lot for the retail center. Public Works staff recommends the following modifications to the preliminary plat for Lincoln Crossing as conditions of the preliminary plat approval. 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 Page 1 of 7 FAX (763) 569 -3494 www.cityofbrooklyncenter.org A. The applicant has requested that the City of Brooklyn Center vacate a portion of the existing public right -of -way for 5th Street North located south of 67 Avenue North to allow this portion of land to be incorporated into the proposed lots. Approval of the final plat will be conditioned upon the City Council approving the vacation of the public right -of -way. B. Approval of the final plat is conditioned upon City Council approval to convey a portion of City owned property within Track L, RLS 80 to the applicant. C. The plat shall be revised to show dedication of an additional six (6) feet of public right -of- way along the south side of 67 Avenue North between the existing centerline of 5 Street North and the cul -de -sac at the terminus of 67 Avenue North. D. Existing fencing along 67 Avenue North shall be removed from the public right -of -way by the applicant upon approval and recording of the proposed plat. E. The property owner shall dedicate a sidewalk easement, six (6) feet in width, to the City of Brooklyn Center along the south side of 67 Avenue between the existing centerline of 5th Street North and the west property boundary of the plat. F. The plat shall be revised to show the dedication of drainage and utility easement, ten (10) feet in width, along the northern and eastern plat boundaries and a drainage and utility easement, five (5) feet in width, along the southern and western plat boundaries. G. The plat shall be revised to show the dedication of a 60 -ft wide drainage and utility easement along the existing public water main and sanitary sewer alignments traversing the site. The alignment of this easement shall be adjusted to reflect any relocation of the public water main as described in Section 2.A. of this memorandum. H. The applicant shall provide legal descriptions of existing lot line easements that must be vacated to allow for the platting of the proposed lots and building construction within the site. Vacation of the existing lot line easements are subject to the approval of the City Council. I. The applicant shall provide an updated (within the past 30 days) certified abstract of title or registered property report to the City Attorney for review at the time of the final plat application. J. The applicant shall provide the City with an executed copy of a cross access driveway agreement with the property owners of the Holiday Station Store and the Dental Clinic property to allow for vehicle access to 66 Avenue North. K. The plat shall designate drainage and utility easements over the storm water storage devices. Page 2 of 7 i 2. Public Utility Services Public water distribution and wastewater collection mains currently extend through the central portion of the site within an existing 60 -ft wide utility easement. City records indicate that the existing water main is a 6 -inch diameter ductile iron pipe. The existing sanitary sewer main is an 8- inch diameter VCP pipe that was installed in 1961. The existing water and sanitary sewer mains have sufficient capacity to provide service to smaller, single -story type retail /commercial land use. The preliminary plat, Site Plan and Utility Plan indicate that the applicant proposes to construct a building within Lot 2 of the preliminary plat. The proposed building would be located within 15 feet of the existing water main extending through the site. The applicant is proposing that the City vacate a portion of the existing 60 -ft wide easement to allow for the construction of the proposed building within Lot 2. After reviewing the plan submittals, Public Works staff has determined that the separation between the proposed building and the existing water main would not be sufficient to allow maintenance of the water main or repair of future water main breaks without substantial disruption to building access and potential concerns with undermining the building foundations. Public Works staff recommends the following modifications to the Utility plan as conditions of City approval. A. The applicant shall modify the Site Plan and Utility Plan based on one of two available options: Option 1 The applicant shall relocate the proposed building within Lot 2 or reduce the size of the proposed building to maintain a minimum separation of 20 feet between the existing water main and the exterior face of the proposed building within Lot 2. This change would provide the minimum space necessary for excavation of the water main to perform future repair work. Option 2 The applicant shall relocate the existing water main to the east side of the existing sanitary sewer along the length of the proposed building. A minimum separation of 10 feet is required between sanitary sewer and water main. The City would need to vacate the existing easement by ordinance action, conditioned upon a new 60 -ft wide drainage and utility easement being dedicated to the City on the final plat. A portion of the new 60 -ft wide easement along the segment of relocated water main could be shifted east to avoid an encroachment into the easement by the proposed building within Lot 2. B. Fire and domestic water services shall be separated prior to entering the building. Domestic and fire services shall have separate exterior curb stops, gate valves or PIVs to allow isolation of individual water service lines. C. Prior to demolition of the existing residential structure, water and sewer services shall be disconnected from the water distribution and wastewater collection systems in accordance with the City of Brooklyn Center Standard Specifications for Water and Sewer Disconnects. Page 3 of 7 I D. The Utility Plan shall be revised to show the installation of a precast concrete manhole at the connection point between the existing sanitary sewer main and proposed sewer service for all building structures that may contain tenants that prepare food products, including restaurants, deli businesses and catering services. E. Tracer wire and tracer wire access boxes shall be installed along the proposed sanitary sewer services in accordance with City standards. F. Utility service extensions shall meet City of Brooklyn Center design standards. The location and method of connection to the existing water and sanitary sewer mains shall be subject to approval by the City Engineer and Supervisor of Public Utilities. G. New service connections to the existing sanitary sewer main shall be completed with the installation of a Romac Industries, Inc. Style "CB" Sewer Saddle with 3 t /2 stainless steel band, or approved equal. H. The proposed hydrant locations are subject to the approval of the City Fire Chief and Building Official_ I. The Applicant shall be responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. J. The applicant shall pay City and Metropolitan Council sanitary sewer connection charges and City water connection charges for the proposed building units. K. The applicant shall provide the City with a televised (video tape) inspection of the existing sanitary sewer main to document the condition of the pipe prior to site construction. 3. Traffic and Site Access The proposed commercial /retail development would have vehicular access to the public street system from the existing driveway access onto 66 Avenue North at the Holiday Station Store location. A median opening along 66 Avenue North is provided to allow left and right turning movements at the existing Holiday Station driveway. The applicant has provided the City with a report titled Traffic Impact Study for Manley Commercial /Retail, dated February 8, 2007. The traffic study investigated potential traffic issues at the intersection of Highway 252 and 66 Avenue as well as the existing Holiday Station driveway along 66 Avenue based on the proposed development plan. The traffic study indicates that there will be significant delays for vehicles trying to exit the site onto eastbound 66 Avenue, with average delays up to 103 seconds for vehicle exiting the site during peak hours. The traffic study provided two recommended changes for the traffic signal at Highway 252 and 66 Avenue North to mitigate the increased traffic flow from the proposed development: Page 4 of 7 1) Change the p.m. peak hour cycle length from 180 to 185 seconds; and 2) Change the east and west bound 66 Avenue left turn phasing from protected to protected/permitted signalization. Public Works staff recommends the following modifications to the site plans and the following conditions of City approval for the proposed development. A. The driveway entrance into the development site north of the Holiday Station Store is offset from the current driveway alignment. This offset would result in the drive lanes conflicting with vehicles exiting the existing car wash and the Holiday Store loading zone. The site plans shall be amended to shift the driveway entrance approximately 16 feet west to avoid traffic conflicts. This change will require a reconfiguration of parking spaces within the southern portion of the site. B. City Staff has requested comments from Mn/DOT regarding the recommended changes in traffic signal timing at the intersection of 66 Avenue and Highway 252. Any information or comments provided to City staff by Mn /DOT will be shared with the applicant. C. A future traffic signal for the Holiday Station driveway is not feasible due to the spacing of adjacent traffic signals located at Highway 252 and at Camden Avenue. D. The applicant shall provide copies of the Traffic Impact Study to the property owners of 512 66 Avenue North and 420 66 Avenue North prior to executing a cross access driveway agreement for the proposed development as further described in Section 1.J of this memorandum. E. Driveway access onto 67 Avenue North will not be allowed for the proposed development. F. The Site Plans shall be amended to show the proper location of the driveway entrance for the property located on the south side of 66 Avenue North (S.A. Gas Station). The site drawings do not correctly depict the location of this driveway entrance. G. The proposed subdivision plat is located adjacent to Minnesota Department of Transportation (Mn/DOT) highway right -of -way. Minnesota Statutes requires that the City submit the plat to the Department of Transportation for written comments and recommendations. Copies of the proposed subdivision plat have been forwarded to Mn /DOT for review. The final plat may require modifications to address comments from Mn/DOT. Page 5 of 7 i 4. Grading, Drainage and Erosion Control The applicant is proposing a combination of storm drainage pipes, drainage swales and underground storm water treatment devices to manage surface water runoff for the site. Drainage is directed to the existing 12 -inch diameter storm sewer that is available at the southern boundary of the site. The Grading, Utility, and Erosion Control plan sheets shall be amended as noted below. A. Grading limits shall remain within the property boundary unless formal arrangements have been made with adjacent property owners. B. An emergency overflow route shall be provided along the entrance drive leading to 66 Avenue. The applicant shall provide field verification that emergency overflow surcharges will not result in flooding of adjacent property. C. Grading and berming shall be provided along the southwest corner of the property to a minimum elevation of 841.0 to prevent emergency overflow surcharges from flowing onto the adjacent property located west of the site. D. The "angular rock" used for construction of the underground storm water storage devices shall be clean material and free from small particles that could potentially be washed into downstream storm drainage lines. E. The proposed development site is located within the 10 -year capture zone and Drinking Water Supply Management Area for the City's water supply wells. Infiltration is not appropriate at this location. The underground storm water storage units shall be lined with impervious material to minimize the amount of infiltration from this site into the aquifer that supplies water to the City's water distribution system. F. The South Underground Storm Water Storage Unit shall be relocated to provide a minimum of 15 feet of separation from the existing water main. Alternatively, the water main may be relocated as further described in Section 2.A. of this memorandum. G. Phase I Erosion and Sediment Control measures as shown on plan sheet C5.01 shall be installed prior to initiating site grading. The applicant shall be responsible for maintaining erosion control measures throughout the site construction process. H. Storm water runoff rate control shall be provided in compliance with the City of Brooklyn Center Storm Water Management Criteria. The applicant shall provide a memo summarizing the peak discharge rates for existing and proposed land use conditions based on the Hydrocad calculations previously submitted for review. The memo shall provide a table explaining the assumed Curve Numbers and discarded water loss assumptions used in the HydroCad calculations. The memo shall include a drainage map showing the boundaries of the drainage areas and labels corresponding to the items included in the HydroCad Calculations. Page 6 of 7 I. The property owner of the proposed development shall enter into an Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems with the City of Brooklyn Center to insure the continued maintenance of on -site utilities and storm water facilities. J. The Final Plat shall include a drainage and utility easement over the proposed underground storm water storage units. 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 based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. Page 7 of 7 Application Filed on 3 -15 -07 City Council Action Should Be Taken By 5 -14 -07 (60 Days) Planning Commission Information Sheet Application No. 2007 -006 Applicant: Manley Commercial, Inc. Location: Northwest of T.H. 252 and 66th Avenue North Request: Rezoning/ Development Plan Approval PUD /C -2 The applicant, Manley Commercial, Inc., is requesting rezoning from C -2 (Commerce), R -3 (Multiple Family Residence Townhouse) and R -1 (One Family Residence) to PUD /C -2 (Planned Unit Development/Commerce) of three contiguous parcels of land and adjoining surplus or excess right of way located northwest of T.H. 252 and 66` Avenue North and development plan approval through the Planned Unit Development (PUD) process of a three building, 25, 500 sq. ft. commercial retail/service center. The properties under consideration total 3.76 acres in area and lay north of and between a Holiday Station Store (420 66` Avenue North), a dental office (512 66` Avenue North) and 67` Avenue North. The applicant has proposed to replat these properties into three lots slightly exceeding the proposed building footprints of the buildings and a common area under Planning Commission Application No. 2007 -005. The property is bounded on the north by 67` Avenue with R -1 zoned property on the opposite side of the street; on the east by T.H. 252; on the south by the Holiday Station and dental office zoned C -2; and on the west by R -3 zoned property containing the Riverwood townhomes. Manley Commercial, Inc. has indicated that they have options on the property in question and are seeking the excess right of way from the city. Their plan, following consolidation of the property and approval of the PUD rezoning, is to develop the previously mentioned three building, 25,500 sq. ft. commercial retail/service center. Potential tenants would be various retail and convenience uses such as coffee, banking, drycleaning and hair salons. Allowable uses in the C- 2 underlying zoning district would include a number of other commercial retail and service office uses. Certain special uses, normally allowed in a C -2 zone will not be allowed in this development because of its abutment with the R -3 and R -1 properties surrounding the development. Such excluded uses would include gasoline service stations, automotive repair, car washes, drive -in eating establishments, convenience food restaurants, establishments offering live entertainment, recreation and amusement places, bowling alleys, theaters, sports arenas, skating rinks, gymnasiums, and sauna establishments and massage establishments. In addition, the PUD authorizing the Regal Theater and neighboring uses also prohibited pawn shops and check cashing operations that are not part of a bank or retail establishment. It is recommended that these uses also be prohibited through this development as well. The applicant has requested no modifications from the requirements of the C -2 zoning district. 4 -12 -07 Page 1 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 issues. 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 is not seeking modifications to the C -2 district requirements. The Planning Commission's attention is directed to Section 35 -355 of the city's zoning ordinance, which addresses Planned Unit Developments (copy 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 along with written comments relating to Rezoning Evaluation Policy and Review Guidelines (attached). 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 following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's comments and their proposal: a. Is there a clear and public need or benefit? It is the staff's opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the city and also consistent with the City's Comprehensive Plan. The proposal should balance the business needs of the community with that of surrounding properties. It is not anticipated that this proposal will be a detriment, but on the other hand, it should be a positive factor in providing a positive effect on the community. The City's Comprehensive Plan calls for commercial uses and mixed uses in this area. This site is on the fringe of what was called the Gateway Area around Hwy 252 and 66` Avenue. The Regal Theater development and neighboring commercial uses were part of a Planned Unit Development approved in 1998 and was considered a focal point of this Gateway Area. Other possible 4 -12 -07 Page 2 uses for this area were mixed use or multi use developments that could combine office service uses and neighborhood scale retail businesses. The uses proposed by Manley in their introductory narrative certainly are consistent with what is acknowledged in the Comprehensive Plan. As the applicant notes, the property contains three separate zoning classifications, R -1, R -3 and C -2. They also note that given the size and configuration of the individual parcels, three separate zoning districts make the ability to develop these properties very difficult. They believe a combination of the parcels into a Planned Unit Development designation rather than using the standard zoning, gives the city more input on allowed uses within the development as well as insuring that the plan is compatible with the goals and policies of the City's Comprehensive Plan. We would agree with this conclusion also. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The applicant seeks the C -2 underlying zoning district under this PUD proposal, which is the same zoning district that currently exists on a portion of the property (the area to the south). They note that this zoning will be consistent with the zoning to the south and would provide a buffer from the R -3 area to the west and Hwy 252. They note that the R -1 area to the north is buffered by 67` Avenue and add that access to the proposed site would be only from one location to the south through an existing driveway access serving the Holiday Station and dental office. This access arrangement would eliminate any commercial traffic from the residential district to the north. The applicant's plan will provide appropriate setbacks and buffer areas from the residential property to the west. Where such property abuts with a C -2 type development a 35 ft. buffer strip with landscaping and a screening device of at least 8 ft. in height is required. The applicant will be providing opaque screening along 67 Avenue to screen its development from the residential property to the north. The zoning ordinance only requires screening of the parking lot area from residential abutting across a public street. What is proposed is more than normally what is required. It seems that, as will be reviewed during the site plan process, the proposal can be considered consistent and compatible with surrounding land use classifications. C. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The proposed C -2 underlying zone would allow commercial and retail uses authorized in the zoning district. There are some exceptions as have been previously noted that are special uses not allowed to abut R -1, R -2 or R -3 zoning 4 -12 -07 Page 3 districts including abutment at a street line. These uses have been outlined previously. In addition, it is recommended that uses such as a pawn shop, second hand goods dealer, and check cashing operation, also be excluded. No other modifications are proposed to the plan. d. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? The applicant notes that there have been previous modifications to the zoning of other properties in close proximity to the site that they are interested in. They note that parcels on the south side of 66` Avenue North were rezoned to PUD /C -2 during their approval process. They also note, more recently, property to the east on the opposite side of T.H. 252 was rezoned from a commercial designation to PUD /R -3. The most significant zoning classification change in the immediate area affected the properties mentioned by the applicant. The PUD process is a way for the city to deal with development and redevelopment issues rather than through the standard zoning process. In effect, this process is a type of contract zoning based on a plan and a development agreement and only those uses and the plan proposed along with the PUD zoning can be effectuated. Utilizing the PUD process is a consistent way of dealing with the expanded development proposal as in this case. It is believed it is an appropriate way of dealing with these development issues. e. In the case of City initiated rezoning proposals, is there a broad public purpose evident? This evaluation criteria is not applicable in this case because it is not a City initiated rezoning proposal, but rather a developer initiated proposal. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? We believe that, the proposal will bear fully the development restrictions for this Planned Unit Development without any deviations or modifications from the standard ordinance requirements. The property line abutment will have sufficient buffer, setback and screening as called for in the ordinance. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? As noted previously, there are three different zoning classifications within the area proposed by the developer for development. The C -2 zone basically would be expanded into the areas currently zoned R -3 and R -1. It has been anticipated for a 4 -12 -07 Page 4 i number of years that a unified development of this area would be in the best interest of the city. Speculation has run as to what would be the best land use. It has, for the most part, been established that a commercial use of this land, if compatible with surrounding land uses, would be the best utilization provided vehicle access from 67` is not gained to the site and proper buffer and screening were provided. It seems appropriate to move ahead with the development proposal at hand. h. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? It appears that the proposal has merit beyond just the particular interests of the developer and should be a development that can be considered compatible with surrounding land uses. As far as developable land in Brooklyn Center, there is none to speak of All progress and development in the future will basically be as expansion and redevelopment such as proposed by this applicant. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? We believe the proposal does have merit beyond just the particular interest of the developer. We believe that it will be a development that can be consistent and compatible with surrounding land uses. The proposal should provide a quality development that is consistent with the City's Comprehensive Plan and be considered in the general best interest of the community. SITE AND BUILDING PLAN PROPOSAL As previously mentioned, the applicant is proposing a three building commercial retail/service center of approximately 25,500 sq. ft. The largest of the buildings would be located at the northwesterly corner of the property and would be 12,000 sq. ft. To the south of this building would be another building of 7,500 sq. ft. and to the east somewhat close to the T.H. 252 right of way would be a third building of 6,000 sq. ft. in area. This building would be utilized primarily by a bank and have drive up lanes along the south side of the building. As was pointed out under Planning Commission Application No. 2007 -005, the applicants are planning to establish property lines just beyond the foot prints of the building in order to have the ability, if they desire, to have separate ownership and an equal ownership in a common area which would include the parking lots, buffer areas and required green strips. It should be noted that the 12,000 sq. ft. building encroaches on the required 35 ft. building setback from the 67` Avenue North right of way. The plan shows a setback.of approximately 27 ft. This should be modified so that the minimum setback is met. All other setbacks on the property meet minimum requirements including a 35 ft. buffer area along the west side of the site 4 -12 -07 Page 5 where the property abuts with the Riverwood Townhomes. Minimum 15 ft. green strips from street right of way are provided and in the case of the green strips along the 67` Avenue North right of way, they are exceeded. ACCESS /PARKING Access to the site is from 66` Avenue North through a shared drive way serving the Holiday Station and the dental office. This arrangement came about when Holiday acquired the property, relocated the dental office and built a new Holiday Station in 1997 1998. At that time Holiday created three lots and granted access to the third lot from 66` Avenue. As mentioned in the report for the current preliminary plat (Application No. 2007 -005), no vehicle access from 67` Avenue North is recommended for this newly combined site and the applicant has designed the site accordingly. It will be necessary to review access agreements to assure they are appropriate for the newly arranged property. One hundred forty four parking spaces are provided for the three building complex. The total building square footage is 25,500 sq. ft. of gross floor area. At 5.5 parking spaces per 1,000 sq. ft. gfa the parking requirement for this complex is 140 parking spaces. The plan shows a drive up area with five lanes and a canopy extending out over four of the lanes for a bank building which is located at the southeast corner of the site. Circulation through the drive up area is in a counter clockwise manner around the south and east sides of the bank building. Another drive up area is proposed along the south side of the northerly, 12,000 sq. ft. building. A concrete delineator channels the drive lane to a pick up window in a clockwise direction. Up to 15 percent of the area of the buildings (3,825 sq. ft.) can be used for restaurant uses without providing parking based on restaurant seats and employees. As was mentioned previously, convenience food restaurants and restaurants offering live entertainment are not allowed to abut R -1, R -2 or R -3 zoned property either at a property line or a street line. A convenience food restaurant is defined as "an establishment with over 40 dining seats or in a separate building, whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready to eat state for consumption either within the premises or for carry out with consumption either on or off the premises, and whose design and principal method of operation includes both of the following characteristics: 1. Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers. 2. The customer is not served at his/her able by an employee but receives it at a counter, window or similar facility for carrying to another location on or off the premises for consumption. A 35 ft. buffer and setback area is provided along the west property line where the site abuts with R -3 zoned property. A minimum 15 ft. green strip is required where the site abuts public right of way (67` Avenue North and T. H. 252). The plan calls for such green strips and in most cases exceed this minimum. As mentioned, the north building does not meet the 35 ft. building setback from 67` Avenue North. The plan shows the northeast corner of this building to be setback approximately 27 ft. The plans should be modified to meet the setback requirement. 4 -12 -07 Page 6 GRADING /DRAINAGE/UTILITIES The applicant has provided preliminary grading, drainage, utility and erosion control plans which 1�' g g Y P are being reviewed by the Director of Public Works /City Engineer. His written comments will be attached for the Commission's review. Sanitary sewer and water main are located within a 60 ft. wide drainage and utility easement running north/south through the approximate center of the site and within the 60 ft. wide 5` Street North right of way located at the north end of the site. The applicant has requested that the street right of way be vacated to be replaced by an appropriate easement protecting the utilities in this area. They are also requesting the easement to be reduced to 40 ft. in width. The Director of Public Works /City Engineer is not inclined to reduce the size of the easement. If not reduced, the proposed north building would encroach on the easement. The City Engineer is suggesting that the utilities be relocated to the east, thus allowing the 60 ft. easement to be shifted also to the east accordingly. Absent such a change, the applicant would have to further modify the plans to eliminate the building encroachment. Utility connections between the mains and the buildings would be at the north end of the north building, the north end of the south building and at the south end of the bank building. The applicant proposes to provide two underground water storage areas rather than the typical ponding area required. Storm water would be conveyed to these facilities before being discharged into the storm sewer system. The north underground storm water storage facility will be located under the parking lot north of the bank building while the south underground storm water storage facility will be located under the parking lot east of the south building on the site. The Director of Public Works /City Engineer is reviewing the plan and the Commission's attention is directed to his comments. B -612 curb and gutter is to be provided around all driving and parking areas in accordance with city ordinances. LANDS CAPING /SCREENING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. This 3.76 acre site requires a total of 266 landscape points. They plan to provide 728 landscape points in total on the site. The total allowable points, however, based on the point system is 399 points, which is still well in excess of the minimum points required. One of the reasons for the large number of landscape points is that the applicant is providing a large amount of landscaping to supplement screening on the site and to meet the screening requirements. They propose to provide 500 points in shade trees such as Autumn Blaze Maple, Common Hackberry, Quaking Aspen, Northern Pin Oak, and Redmond Linden. A total of 24 Black Hills Spruce are to be provided primarily on the west and north sides of the site. Ten ornamental trees, Autumn Brilliance Serviceberry, are interspersed in these areas. Finally, 69 points in shrubs including Muskingum Dogwood, Grey Owl Juniper, Grow Low Fragrant Sumac, Flowering Choice Spirea and Fritschiana Spirea are to be provided in island areas throughout the site. The Commission's attention is directed to the landscaping to be 4 -12 -07 Page 7 provided along the west property line where an existing 6 ft. high opaque wood fence has already been constructed and appears to meander on both sides of the property line. This appears to be a fence belonging to the Riverwood Townhome Association. A 35 ft. buffer area is required in this area and may not be used for parking, loading, or storage and must be landscaped. It is to also contain an 8 ft. high screened fence. The applicant's plan is to provide the landscape screening in this area as a substitute for 8 ft. high screened wall given the fact that there is already an existing fence along the property line. They believe this will supplement the existing screening and will be sufficient to meet the intent of the city ordinance. Screening is also required where a parking lot of more than 6 vehicles is located on the opposite side of the street from R -1, R -2 or R -3 zoned property as is the case along the north side of this site. The applicants plan is to provide a 6 ft. high wooden opaque fence from the northwest corner of the site easterly to the T. H. 252 right of way. The party living at 420 67` Avenue North has requested that an opening be left in the fence so that pedestrian access to the site from the neighborhood to the north can be accomplished. This seems reasonable and the applicant is being requested to provide such a break. An overlapping break in the fence is recommended and would allow access without affecting the screening to the north. A walkway to the north building would seem appropriate as well. The Planning Commission should make a determination as to the adequacy of the screening plan. It should be noted that composite type fences have been provided in other Planned Unit Developments. Underground irrigation is required to be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances. The plans note this requirement. BUILDING The applicant has submitted building elevations and floor plans for the proposed buildings. The building exteriors will be comparable on each of the three buildings on the site.' Decorative block, brick and simulated stone are to be provided. Fabric awnings will be located over store fronts on the two primarily retail /service buildings. The bank building will also be decorative block, brick and simulated stone with a canopy extending out over the drive up lanes. An EIFS band will be provided around the buildings as well. As mentioned previously, a drive up window on the south end of the north building is proposed for that tenant space. LIGHTING /TRASH The applicant has submitted a lighting plan indicating proposed foot candles that are consistent with Section 35 -712 of the city ordinances. No lighting is proposed along the west side of the north and south building areas which abut with the Riverwood Townhomes. Two single headed light standards will be located on the south and east side of the bank drive up facility. Four double headed light standards of 25 ft. in height will be located to the north of the bank building in the island areas in the parking lot. Another 25 ft. high double headed light standard will be 4 -12 -07 Page 8 located by the entrance to the site, also in an island area. A four headed light standard of 25 ft. in height will be located also in an island area between the three buildings. City ordinance 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 photometric plan indicates that the proposed lighting plan is within this standard. 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 noted above. A trash enclosure is to be provided between the north and south buildings on the site. It will be a brick and rock face concrete masonry unit to match the existing building. Solid metal gates will be provided to accomplish total screening of the trash enclosure area. PROCEDURE Rezoning applications in the past that have been considered by the Planning Commission were typically referred to the respective Neighborhood Advisory Group for review and comment. 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 March 15, 2007. Due to zoning requirements for notice and publication, the application needs to be submitted 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, in this case no later than May 14, 2007. Almost 30 days of the required 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 the Neighborhood Advisory Group meetings we normally have. The City Council recently discussed the status of Neighborhood Advisory Groups and decided that their continuation was not necessary and to some extent there had been a lack of interest in the groups. Neighborhood Advisory Group members have been advised that their services as a member of the group are no longer required and they have been encourages to participate in the city advisory process through other advisory groups. The applicant in this case has been encouraged to contact neighboring property owners and advise them of their intended request. The applicant notified those parties who have been notified of the City's public hearing and invited them to an informational meeting which was held on Thursday, April 5, 2007 at the Hennepin County Library/Service Center. A public hearing has been scheduled and notices have appeared in the Brooklyn Sun/Post and notices have been sent to neighboring 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 Rezoning and minimum conditions related to the development plan approval. The Planning Commission must decide and recommend as to whether or not it believes this 4 -12 -07 Page 9 application is sufficient. There are a number of points that will need to be addressed, such as the adequacy of the screening along the west side as well as other recommended changes. The draft resolution is presented to the Commission for consideration. 4 -12 -07 Page 10 0'. y1 1. '1 (C l.^.�1 y T, i t. x;1 ►t t ti Ir Ilk 1 1` In •;f t4 -•S: .rte.... 1 v LOGISMap Output Page Page 1 of 1 y http: /gis.logis.org/LOGIS ArcIMS /ims ?ServiceName =bc LOGISMap_OV &ClientVersio... 3/30/2007 City of $rooklyn 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? I. 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. Purpose. 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: Applicable 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- MDCED, the Council shall specify regulations applicable to uses and structures in various parts of the district. City of Brooklyn Center 3547 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 maybe 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. ADDlication 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; S. 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 3 5-2 10 of this ordinance. Approval of the development plan shall constitute rezoning of the 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 i 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 major 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 MiNLEY Commercial, Inc. 2640 Eagan Woods Drive, Suite 220 Eagan, MN 55121 Phone 651.289.5263 Fax 651.289.5521 www.manleycommercial.com March 9, 2007 Mr. Ronald Warren Planning Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 -2199 RE: Subdivision and PUD Application Submittal for Lincoln Crossing Dear Ronald, Manley Commercial, Inc. (Manley) is pleased to submit to the City of Brooklyn Center our application for a Preliminary Planned Unit Development and Subdivision Approval for Lincoln Crossing, a commercial development to be located at the northwest corner of Highway 252 and 66` Avenue North. Our 3 -acre site is a comprised of three parcels: Parcel One is Lot 3, Block 1 Holiday Brooklyn Center Addition and is currently a vacant lot; Parcel Two, which is also vacant, is Outlot A, Riverwood Townhomes; and Parcel Three is Tract M, Registered Land Survey No. 80, Hennepin County, Minnesota. Currently there is one single family residence located on Parcel Three. At this time this property contains three separate zoning districts, R1, R3, and C2. Given the size and configuration of the individual parcels, the three separate zoning districts make the ability to develop these properties very difficult. Therefore the parcels are generally unsuited for uses in their present zoning designation. By combining the three parcels into a Planned Unit Development designation rather than standard zoning, the City will have more input on allowed uses within the development as well as ensuring that the plan is compatible with the goals and policies of the Comprehensive Plan. The subject parcel has been outlined in the City of Brooklyn Center's Comprehensive Plan to be redeveloped into commercial -type property. If granted the requested approval, Manley intends to abide by the ordinance development restrictions for the PUD /C2 zoning district. i The property to the south is zoned C2, to the west is R3 and to the North is R1. The proposed zoning of the property is for PUD /C2. This zoning will be consistent with the zoning to the south and provides a buffer from the R3 area to the west with Highway 252. The R1 area to the north is buffered by 67 Ave. Access to our site will be obtained in one location through the parcels just south of our site, also zoned C2, thereby eliminating any traffic from the residential district There have been previous modifications to the zoning of other properties in close proximity to our site since the subject property was zoned to its current districts. Parcels on the south side of 66 Ave N were rezoned to PUD /C2 during their approval process. More recently, property to the east on the opposite side of Highway 252 was rezoned from a commercial designation to PUD /R3. The development of Lincoln Crossing in this location would be a public benefit in many ways. The site's location along highway 252 is ideal for boutique retail and convenience uses typically found in comparable developments such as coffee, banking, dry cleaning, and hair salon tenants. We would also like to pursue the option of providing a sandwich shop or other similar use in this location. This area is under- served for these types of services, and by approving the change in land use, the City would be providing consumers with a convenient location for their daily needs. Our site plan demonstrates merit beyond the interests of the individual property owners, as it would be a win -win solution for residents, employees and visitors of Brooklyn Center. High quality buildings will create a more aesthetically pleasing destination. The building fagades are composed of various high quality materials including brick, stone and glass intermixed with EIFS, fabric awnings, and prefinished metal. The articulation of these materials in addition to their own color and texture lend themselves towards a dynamic, visually stimulating character that defines a distinctive architectural expression geared towards retail tenants. Landscaping and decorative exterior lighting have been incorporated into the plan which will provide for general illumination and will serve to highlight these features, as well as general illumination. Manley Commercial looks forward to working with the City of Brooklyn Center on the development of Lincoln Crossing. Should you have any questions or need further information for this submittal, please contact me at 651.289.5514. Sincerely, Cindy L. Weber Entitlements Manager Manley Commercial, Inc. U m Z Z L%7 i J Site Deve opment P ans N�� J V for U �—j Z Z J Q _into n Crossin ao rh n� Brooklyn Center, Minnesota 4 t 4 N 0E Presented by:s Q Manley Comercial Inc. <j LLJ SHEET INDEX 111 SHEET DESCRIPTION C -1.01 TITLE SHEET C -2.01 EXISTING CONDITIONS S C -3.01 SITE PLAN H 1 1 I C -3.02 OVERALL SITE PLAN I C -3.03 PRELIMINARY PLAT G T C -4.01 GRADING PLAN S1 a J f C -5.01 EROSION AND SEDIMENT CONTROL PLAN PHASE I gS. C -5.02 EROSION AND SEDIMENT CONTROL PLAN PHASE II Si5 CONSULTANT CONTACT LIST' C -5.03 EROSION AND SEDIMENT CONTROL DETAILS Eh C -6.01 UTLIITY PLANgT. O[ rtE u E -Al tL G COAFI ILNELE 8, uA 11 w r f t.. f.OMRS FRANK RODS nS,M. eiES L_ 1 01 LANDSCAPE PLAN •1' 1\ Y uc 26m r 1 v r 1i 2e iABnn 281- AOENUE. S. "L B F� L 1.02 LANDSCAPE DETAILS rAr II W 1 1 m "TUC1 TH, »N 5544) ICE (5 J6 S' TEI 763- 176 -6010 S T a A 1 2ND '.J er 16t -4)6 -8532 6 a CONi fi ITNOr WFOT.+ C" TACT WC-AEL BRnNpi dla'rEYOR VICINITY MAP a Aa4i itiL;.I GR(:.ilEr FIGNFER ENCANEERINC. NO SCALE ��I Nllv!li 201 851. AK NW N81N[Ar';U n q�OON RAPIDS, 4N 1',431 1'. 61: !:1 1 61 -1880 rNJ rA4 16!-783 188) +iTn rnrl n;l, r, CNIi ACT TERRENCE C Fn T.FNB —'FR LAN"D 4[�ij;,Gi!f11C_s4 :,cnrlNC R-111 1N N_i; ti III' „i +e l;�v, Nr. r'.O.B> FRANK ROOS AS`,UOAT(� (NTRA) 1Ri6 84RI.IE ?Or.O 1ARW 28111 AWNUF.. 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M N irs n. w1TCR4YN e. r aww4rteM wn.cm FAS[4E4i 0 30 60 w..�. r r.. .x....n M mrw ws r x[ GAS LARE wwwf4YQ x R., xws wn CIfLTiNC SCALE IN FEET C -3.01 R ni inr •rnw x,i w m °w n[ a. Rv+ xirn wnmi� .mmx nry n »KCr rn4RfA TFLCMPNE 4I KH� i $E =Q p {+;s p F l w fir r C=: J 1� g 3 Fv Z i+ I p o r o 8 Y Neviµ s new �.0 nrr rn.i ,nom �..e wa�.n r unv ineeri7 PY—M $U— r I xl I n mr a c 9 9 9 nv LINCOLN CROSSING t si,.. rieav zero wn. ,.o j bam raw "-ffi,, Yv e5Nl BROOKLYN CENTER. NN BR00 w,w�.xJ�H -soro MANLEY COMMERCIAL INC. b+ HJ IH -Q.YJP OVERALL SITE FLAN �O b 1331 NI 31rDS I !n� N.W.Wxn a 09 OC U lrw axlruve)v I n311 e0tns3n0 xn aLr xrs) Nxnnao, i f 1 i nntna exn) b� '.1 rtw� SZ9e• x0arn33)10d5 r,. —y ONLLiIV) 03SOdpad f —<c .r 1. oN3031 FI N 1 x\11 I IL s. uuv.• nrs w ,w ni +iva J `4, r I 1 c Il -_._n I 1••Y0 smt ,uro nsrnm sxt�« a•. u,� snu..,.e wavaa urffi S I ro�,t" aw»ne rta ,ovw r sw�v nu I wn»w uan swsu wrw. t aa.•v uvs•. i .k 1 ew twm ash II 1 1 1 e .e anxnsws a tv.¢ s °nwn i+n"'isr� tumswe.. "ux Z ,e I t`e i t I I, I ul 1 1N3fl31rd SIIONIN11l18 AIna aaraNlis d .7k u•'u�i'n' yu T. °a II Y I I I I 1 61! 11 �p�� gg s.ara. ,w w �aa. tswm ..r s�a..,,xe., j `I 1! 11 S I I I I I I i VIA. 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IWAYIJUN I- AOG sip WI NOV C JAN B YABI�0. YAY lJN Z J d J (TEMPORARY CON.0, MEASURES I I I_ I N Q O SmR N STO RIE TOPSOIL I T T I 0 U 5 E I ROULN LRAU SEOM.ENT CONTROL W TFMPtl1ARY CONSmUG11GN ROADS U Yt FuRpATNR euwnNC ca+smucTwN I Z p z LlE WNSTRUCnON J U 5 I PFRYANENT comma smucnRES OU w Z J O 67TH AVENUE LumscAPRG/SEZDmqu sTARUZAnaN ¢Z STORM FAfJDnES I I I T j3 d I NORTH I i i I I I I I I V I I I I �IIIIIT W SEQUENCE OF CONSTRUCTION F E RMIVBTE4 P4' tlr5 oR +M a I s R tl��M MMC s w s nests I 11 t NI R,Rw ANA A I I RP..5�w5 a P aw cN M E�Re uv(w9 4r� Y[pxc Aw ncruvc.- P I I I A I(rer v 9,1 5 51MANry). RWA[o Wr Mi <mnrc 9 eaa6 LEGEND sy a5 I PROP05E0 En$M; y SPOt ELfvAIIOx 8679 CONfWR —BO9— a �,S II M RAP ss■■ CuNB l GUTTER 1) STOWN SEWER I I i SANITARY s R 3 4 I WORCEY- (SAN.) TERM YENT Un I I 1ASE I OW LOW ELEv NC -.G WALL E C 4 y E c OPERTY LWAT Y I I sA SEN�a Qo5 3! of 'TURI3ANOE E c° BlWwLS AA vEgLANO FLOW tEUPWARV Y y OK. DAY I TB OF DRAIN AID I va.1. AKl t WIRE 4FSN m FT SEOwENT TILTER F I inl[1 —TEc— OEMCL 0 W1 l TEUPORAgv STGNF I I cansrmlcrmN CNmANOE i IEUPq 7"' BA' SB I fi i a N ORARV S ALC ANO PAR— T O 3 60 hrr� aYPORN TAearz. non YEASUq[s s C (tiEO. uULCN, MATS OW BLANKETS AS T�f-� L SCALE IN FEET C, rA• A W RgcEO w THE P) SOIL EROSION /SEDIMENTATION CONTROL OPERATION TIME SCHEDULE NOTE. CONTRACTOR OR GENERAL CONTRACTOR TO COMPLETE TABLE WITH THEIR SPECIFIC PRuJECT SCHEDULE I U' Z SRMCIlW SEQUENCE IJAN IfE9 IMARIAPR `IAYIAIN I— IAM ISEP IOCT INOV IDEC IJAN IY�R APR AYIAIN Z J a I EMPq N Y wN Ra MEASURES I I I I I I I I I I I N Q I SHWA k STOrxrsz WPSOL I I 1 I I I I I I I O- M IY vi fi f_,� RWCH aNAx /soma+T CWTROE i U cif w U rz—.y LONsiR EC ROADS I AoIRM)AnON euEJANC cowsnrucnaN Z I aTE caxsmucnoN I 0 3( (J Z PERMANENT C g1 d1TRCL STRUaTEAIES I O 25 W FINISH AgNG Z 67TH AVENUE i I I LASASSCAAaa/xEO/.N. sTABUUnon I I Z Q o NORTH i sTptY FAauT�S -T w SEQUE NCE OF CONSTRUCTION i M[ 2 5 I 1 -11i gYp'y`E�'�r'aA+E[K�yµyy{� I I a..A "kMR I t ic, ss W .E J tL M R y arts r I v'R ncncno+au°.n w aTaw MeA nAUCnws. Wq I 1 LEGEND 't i PRroosco E sTwc S cS'ooN.wnV•nw rBeT.s 9 I 4b g3 -1 I CURB k pITTEA E i v' sidW YNER 1 T s I 37 ow ow �yjr. �e MEI-.G AIL ­01TI 1.11 �T FENCE c pp I dsnaeANCE BoRwcs -.A I I Pa d EcT. E" owkMHO EEO. EIME Y 1 ds(RyDR dTCH oAU ��E �U x LIMITS a ORUNACE wB -BASS I Cam' w AKL k .wE MEw LET %%EMT IRTER 'V/O INLET PROTECIWN OEMCE @IPT C I XY ARY STONE I 1' CoNSiRUCTIM EMIR ANC' T rzMPORApx SEDIMENT ARY s'mAx ANO P.RRIRC �TS\ o xx xx I— ST=ZlnR M MEASURES C. -5.02 IS(ED. YULCM. PATS oR BLANKET$ AS TSfv)� SCALE 111 FEET wTUNEo IN THE sYYPP) rt P+• I M>21 Fos —o Y "•�••'e °"'Y°'n' sn+.n w»,noa 8313131N3Y/1035 u.. tl01]r,ux[I] 1,tl3ND /nll]Yn Ma] /ln,rtl3a0 3l6 �l zz xzz as ea 131N1 HS3W 3ilVA R 13AY89 zz xXX}FFF, sex,m a. swn s.r s.n. mwnsn ma e.s :ra zz xxzz 171N-1 i 7ibT'i :tl3xU0 /tl3d013'.3a 'x a3BtlILL5n w :Jr a, o I r3M x30135 sr.s.e un� »os.�«tr�a tlrrY,05 33r3tlJ1' 13 NI Hlli I ,ry'! G mr w.,s •„a r.« w »]ta w, «uo. sa.ms ww s.»e n.4uae..° °vm°ea w ,sn» »arw,s».a «d „e.wu n.» ..w w,.. 3/,1210 30NV211N3 M0O21 11Y130 30N33 illS b «mwnsxsre ,xv,n.w.,�., nn «r. r... �x„ eurmn,s ,x°n .ww .or, sw,s� se..r.0 usr,. m.w -n Al a c3 3 k enxr»,a srw. wssnaM ,see w, ma w da„ «r,],°wr ew° o«. sw w,e» n ,t<� m,www> «M c ,sw �.,i o,..esw.», o S .w.>o, rlo� i». er.. .,»�,»,re.�, o„», W ro Mm n ».«r...» ,�m.e, w s. o>sr, •r w... r r. n.,o,s 4.. 7. v nouonassoo awnsss w ,m s ,.aw rasors]oo mm. rtwo n, w 1 l t N o e O i Z f+'I [n w w w sw. n° si v. i�«a, b�'mz; ,�::�i s,'m o `w srw n "i. ",':'s' iu e 0 wn ?'IIUN NOIS083 IV83NT3 11$ ✓TI NOTES APPRO O TE ELCV. A ­ACIOR HIHN RFrtR TO MEC 1 s__a P. S 1. E ­MATS ANTI N.ENSIMS n A4 wnNNars KITIT C MCHCS. •MPS BNCK DOORS EO,E RUR.ONO ORNENSIONS AND ER•Cl BURpN4 swa wsYp wAwn E..S N v CNTR ♦NCO LOC nONS. ,AE WAt TOP OF ROLR ELEV. rLL NAKwN. Ww s Ur Z B THE CONMA4TM IS SPECYICALII CAUNON D THAT Y INBAA IwN'ROYKI Z ,HE LOCATION AND /OR ELEVATION Or EAISnN4 auRan J LOT MS AS SHOwr ON THEX PL WS IS BASED M ALAN, wv wr9RT u 1 En i Q RECONDS C M V. E OES H,LH`, C-P1NES 0 N WERE PO:'+BLE. YEIS AT w M ENi TAKEN E FIELD PAL NEAOCR tt L AL �l ME APCB -1M ,5 HT)l 10 RE RELIED M AS READ IY— PVf 4ANKOLO' RWE i Q' IX 1 1 ME LONTR♦CTOR uUST CALL .—CALD NKPT ELEV. 1 y A C YO 1. AO`dl 'I 67TH AVENUE E� ♦u ON cMPErz aRRRR[ E APPROPRIATE UNITY CONRANY Ar LEAST Ae U Ij HOUR NORTH AcLD S RME My CFCAVA1Hm unmfs. !0 PfWCSi EYACr BOTip4 a POCN ELEV. j FrsWC 9MRwAM1 L p n sNAU eE ME r is Z n RESRONSw OF M L TY E CONTRACTOR TO RLKA ELTL V �(1 1 t I- i 1 ALL E4STmc JOINS was CONFLICT wM ME T li( I I r�' 1 I I I I L CA ATIONS OF SHALL UNTIES NER STATE BE LA OBTAwE BY N aASS..v U J By C•llm l ME C"""C "N ONE Ro CALL AT 454 OpOZ. N..NONE.....M[w Z Z r.w¢. to Fr I_ J Q C TM. CONTRAr.TM SNALI 'ME ALL PRECALIBMS rM r I r NFCESSARV 10 A.OID PROPERTY OMAU TO Ap1AUNT PROPENXC 01AeNG ME CONSTRUCBON Ksro o YPU�nw w awsRr A p 'Y w 1 I 1 I I I PNASLS OF THIS PROTECT. THE CONTRACTOR VALL BE I. MC PANU r .1 DAMAGES F 0 THE q IN CCN9wAK AwK LD SOLELY HESPONSRRE OP caPArlu rH A°mR srAxDAwP T[NnuM�r ru HL r 1 I I 1 i 1 1 1•.1, CONSm. -TIN OHAXS 0 4� iG ME WSMbRRM cw sO R[pMPx av .o0% A pipprR'. q O. SA E ALLY TO CONTRA[TMS. m AC CORDA NC E S sF s sP[ s j e g v TZ f ONTRI CT LLV ACCEPTED 4MSTRLKBON PP•[n[E5 AwAAUU Tc. Gou.ACRNN ro x crosR[xo LNf ONTRAM ML BE SOLELY AND CO4PLET[LY 1 RESPONSIBLE CON n MNS M ME JOB SIDE w NN_ A CRRO. Ax >y I I wauomC SAFETY L ALI PERSONS .00 PROPER' i t I I WRwL RlN'...CE OF THE NON. S I NORM UNOERMWNO I SWM uNOERpRO.MRO I REOWx4ENr VATL APPLY CONTWYWSLY ANO NOT BC TREAMENT SYSTEM TREA1YENi SYSiF4 q LI W TED NORMAL M^RKmO .—S n4 W' M IAP F Sy Jl,r I :,1 PRO pRAU V ELf. NE FNONEER RE ME orKLIiER r0 LpN S 3 11.1—c". RENEW K NM D rG cONTR•,11M RE OT' 1 ANCE SNOT E THE H,R, ,NEW 9 TOP U ROpt CIFV. I ]90 938.5 Y `0 a nR .DEWACr n nK CONTRNCEMS sw[' $a� W19JRFS w. ON OR NEAR THE 1—TR11fnW SITE YANROLD mKRr ELEV. I 915.0 9!! 0 q fr p 1 I 11 I I I I I T I` tj F ALl ARE AS WIDE THE RRO%RTY BOINLpARKS IBOTTON OF Rp01 ELEV. I 9030 933.0 3Y 1 1 K urT r E 'SORBED By UnL' CONSTNUCn(W H4 S ■■q r+a[Rwr,b ArPN wn 1 RE RE ED n+ED xND SODDED AREAS SHALL BE ISYSTE4 -.1 (R) 1W I 60 p A 1MwnMr YR or,.A R[ r ED w m ES p IRS.. RLAfCD A 1 I eE E E RM, ROUND STO T T SECTION I F NE "ON 'MALL BE R HTIC CO TR L R WAT ER RF MFN CROSS PR NgNO AND miAWINO TRACEf f.04TRtt 1 ^l1' T It� 1. THE MO N i Y4N. AND N CONTROL ll".. ME C CONTROL Oa EVCES EC WERE NEUA L PA TO P w ELEV APPR OPRIATE CONTRENC VAR 1Y ORU ENT r0 SNAL A VOTHA ON S T OTA D ON TR.N SCrnunM srANnw+ns c LE W BE m P LACEME NT RUIRRE N THE STREET BASE T AND PAA TEST j1 y I V a n y IRS' SEB RE THE CON TR A CTOR NT THE STRE A LOAOE.E ARE SIII.M. 4 MC CK SHALL NHN A C 4 WEN T A K, D I.M. TA 71 TRUCK wM BE wEiM L x•AT° 1 I M �I 6 ZS 1ON5 iTRF TEST 1—C SHALE BE Ai ME 1 i0P pE NEIR ELEV. e y /r -i LCwPiRO0' THE S HOAU D� AL M(SpLS ENGINEER ME SOILS ENGINEER SHALL pE1ERWNE NNITlN YIw 1 ARE UNSTABLE CORPECnM THE NFAOER EE SU AOf SOLS SHALL BE NTS OT' 1F0 w ACC wM THE W4CNTS (IE ofi RERE M EN E SpLS FNnNEER K TREES A. OMER .'".L KUTAnM w N afi fi NP ME PROECr C.CT E Ao THE O THE PROECi T R P[ Y Ax a PRONE CONURN ro MF CONTRACTRR 5 OUTLET PI W R, OPERATIONS. HE WEE K REWIRED 10 PROTECT M[ OFFICE INKRT ELEV. R q cA .n 1 nw reu[ruF{� °1S A E I ARE t SAVED TO AT SURE MAT 3 us D BE SA En1VMENT s NOT NFEDIESXY OPERATED uRroFRF i E YP E CWBM wNOm(MG SHALL TO P TREES SNWLO E P P N i N U ANY PORTION OE THE THEE BRANCHES REWmE ro xut E I S 1 3'' PETI VAL 10 -PCRWr OPERATION OF THE P CONTRACTRR EWIPMENT HE SHALL OBTA ME XRNCES U A PROFES QNAA TREE �P 1 SEN C 0 TRw ME TREES PmM 10 ME BECJNNINO (K ME NORM URaIEP(RWNp SWM UNpEPGRWND (R[RAnpr 9NWLD MC CMLRACi.YiS' OKRAS I I TREATMENT SYSTEM TREATMENT SYSTEM L PESMT IN ME BREAKING OF My LWBS. ME MONEN 0.95 SHWID BE RE110K0 wMEDATUI AND WIS 9 P $MALL BE PPOPERLY PROTECTED i0 wwY2E ANV IRI4 ELEV, I p.0.> I 9]9.5 B E _c •UMp M NZ ♦DON BY ENGPUfI COSTS FOR B A T TRMAN, SERNCES SHALL BE CONSIDERED INCATENi•L I df NEK ELEV. I p]8.0 9]fi 5 I TO ME 4PAprvG CONSTRUCRON AND NO SPECIAL I W1LEi INVERT EIE V. 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I,n. I °,>o I,._. ..,........,,.m.... «....�...r. I SL1 1'0 0 ®r I 198' -8" 8 29•-4 I 20'-0 20'-0" 20'-0" I 20'-0' I 20'-0' I 20'-0" 20'-0" 29'-4" 7T UTILITY 178 sr 3 1— —1 J L TENANT J� TENANT TENANT TENANT TENANT I I TENANT TENANT I TENANT 102 I 104 1 106 I 110 112 111 111 108 118 oI 1,760 SF I 1,200 SF 1,200 SF 1,200 SF 1,022 SF 1,200 SF 1 200 SF 1,200 SF I 1,760 SF 29'-4" 20'-0" 20'-0" 20'-0" 20'-0" 20'-0' 20'-0" 20'-0" 29'4" 0 FLOOR PLAN 11,920 SF RETAIL 1 1/16" 1'-0" C NORTH ARCHITECTURAL PREPARED FOR: 1915 Plaza Drive CONSORTIUM L.L.C. M NEW RETAIL n Ce t BUILDING PRELIMINARY FLOOR PLAN Eagan, MN 55122 Brooklyner, MN SCALE: Ill 6" V-0" 901 North 3rd Shat 612436-4030 61 NLff Tel651-289-5263 Minnsapoks, MN 55401 Fax 612-692 -9%0 Commercial, Inc. A2.1 o 0 0 8', 30' -0" 30' -0" 30' -0" 30' -0" l _SIR J 1 i UTILITY 100 173 SF I Q I 7 11-4" I TENANT I TENANT I TENANT I TENANT 202 204 206 208, 1,920 SF 1,747 SF 1,920 SF 1,920 SF 30' -0" 30'_0" y 30' -0" 30' -0" ei �I 0 V_ 0 FLOOR PLAN 7,680 SF RETAIL NORTH ARCHITECTURAL PREPARED FOR NO 1915 Plaza Drive NEW RETAIL BUILDING PRELIMINARY FLOOR PLAN CONSORTIUM L. L. C. Eagan, MN 55122 Brooklyn Center, MN SCALE: 1/16" 1' -0" 907 N'. 3. S. 1 612436 -40M Tel_651.289 -5263 A2.2 M.— apoks, MN 55401 Far 6126929960 Commercial, Inc. 1 I I I I I I TA. WINDOWi T. NO-0 4 'r 100 C FRONT ELEVATION r' 20' -0" 119' -6' T.O. WINDOW II ITT I 7 1 TA. ICI WINDOW A o 1 1 110' -0. I r F E 100' -0" C SIDE ELEVATION C SIDE ELEVATION I I i AJ, I 100' -O^ O REAR ELEVATION l" 20' -0 ARCHITECTURAL PREPARED FOR ARCHITECTURAL �V"� NEW RETAIL EXTERIOR ELEVATIONS 1915 Plaza Chwe CONSORTIUM L.L.C. ���LI Eaan,MN55122 1 9 BUILDING 11,920 SF 9at Noun 3 a s 0eer 6,2 1"110 Tel 651- 289 5263 A3.1 Minrroepolm, MN 55401 Fex 612. 692 -9960 C o mmercial, Inc Brooklyn Center, MN SCALE: AS NOTED Architectural Consortium, L.L.C. 2007 A T.O. WINDOW _.f __..110' -0• i. 4 F -0• C FRONT ELEVATION I" 20' -O" J. TA. WINDOY -I r. t �J I T.O. WINDOW A �f 110' -0" �I. r I "0"0" A R.R.E. i I ill F F.E. 100' -0" 100' -0" SIDE ELEVATION SIDE ELEVATION r 20 03 I u9' -a• F III I r a I it _r 110' -01 FF E. 100' -0• C REAR ELEVATION ARCHITECTURAL PREPARED FOR ,9,5PIaz O ve NEW RETAIL EXTERIOR ELEVATIONS CONSORTIUM L.L.C. W �L Eagan, MN 55122 901 Norm 566x1 612436.4070 Tel 651 -28 BUILDING 7,680 SF 5263 A3.2 Minneapolis, MN $5401 Fax 612 -692 -9960 Commercial, Inc. Brooklyn Center. MN SCALE: AS NOTED Architectural Consortium, L.L.C. 2007 129•_8• EIF5 j V 121' 4' BANK r 110 ME L I t DECORATIVE SIH TED BRICK BLOCK BASE STONE O FRONT ELEVATION ,L I" 20' -0" I, r.o. rur>now U r� an. cANOPr a 110' -0' F.FE. ,I I�1 I III 0 0" I^ 100' -O" 2 SIDE ELEVATION 03 ELEVATION I I II III HA NK Ill I iI 1 i 0 REAR ELEVATION ARCHITECTURAL PREPARED FOR: BANK 6,000 SF EXTERIOR ELEVATIONS CONSORTIUM L.L.C. 1915 Drive Plaza L 1915 Drive 901 NOM 3ro Street 61 2- 136 4 0 30 Tel651- 269 -5263 A3.3 Mnneapoh.. MN 55101 F- 6126929960 Commercial, Inc. Brooklyn Center, MN SCALE: AS NOTED Architectural Consortium, L.L.C. 2007 PREFINISfED MR EIFS COP N6 PREFIM EIP a MTL COPING G 30' -0' JE I in INDIV.ILLUM. CENTER NAME 93 5F TENANT LETTERS 0 SF 4 t 'TENANT SIGNAGE 112 S T AA„ PREPIM S URR OU ND TL TENANT SIGNAR o SINJI-ATEP TENANT SIGNAGE TENANT SIGNAGE Mn 1— I DECORATIVE vECaRAnvE in BLOCK BASE m BLOCK BASE 7 1 o �y o in in a 6R,-DE C PYLON SIDE ELEVATION C PYLON FRONT ELEVATION PNOVIO[ Sm- GWN YBOED f--- P1IEPINY® Mtl.. LN AIO TO OTIMS POST IGLK C5141 DATE AN6U clounm m-Mm 6 m 5LOPM. BY 0716LS PROVIDE TRIAN61l TO SO DOLT TO "'m STRIP O O SEALNrtrI LONE. CORNERS (FAINT) F 6' VIA. STL. MFE BOLLMD� OF 1 Y8D Ai F" LID W OIi1LIC D T eLRSJ PRE19NI51® METIL PA!!L Y �i 3x1 TREATED CLOLKINb 24 bA. COLOR B I O4AN'EL W VIA BINLDM/6 DRlLK RfATfAI BL061 NR OOPFER SMS) 1 LAVMXRI PLATED DOLTS ff C 124. PROVIDE PRE -FMC MfL. I —SlD' TIREAVED ROD Pei &ATO 6' DOLT O ROLKFACL I" T LLDSIRE 1117E5 GUSSET PLATE i0 STAK.EY .1010 ST@l 16' LI C A T S. IOO LA O' IZ' C" NE NE WWI. FILLED DUILpN6 Z .-a1 STL. PIPE BOLLARD LONL. PT6. t' TUR161LKLE5 nl C TYP. TRASH ENCLOSURE ra�ccrmmecn. ARCHITECTURAL P REPAaenF °I:: NEW RETAIL BUILDING EXTERIOR ELEVATIONS M 1915 Plaza Live CONSORTIUM L.L.C. �I�I, Eagan, MN 5 5122 901 North 3rd Snot 611- 43&3030 Tel _651 2695263 A3.4 MirNNI,Dh, MN 55401 Fa.612 -692 -9960 Commercial, Inc, oak Palk Heights, MN SCALE: AS NOTED Architectural Consortium, L.L.C. 2007 April 23, 2007 Re: Manley Commercial, Inc. Attn: Mayor Tim Willson, Citycouncil members: 0 u Kay Lasman Mary O'Connor Dan Ryan Mark Yelich I would like to address some of the issues that the Manley commercial proposed project will bring about. As a homeowner at the Riverwood Town home Association I am deeply concerned with some of the problems that we as residents will ensure. First off, one of the main reasons I purchased my home was due to the numerous old growth that surrounds out property line and fence, I was aware of the fact that the property would possibly someday be leased or sold, however I was not thinking that the purchasers would be allowed to rip out these wonderful fully grown trees and replace them with a tiny replacement that would take 25 years to reach the height of the preexisting trees. I see no reason that the landscapers could not work around these trees and incorporate them into the over landscaping design. 1 would like to propose that there be an amendment to keep preexisting old growth within 5 -10 feet of the Riverwood property line and fence. The second issue that I would like to address is in regards to the waste proposal. The planner has proposed to put a waste receptacle roughly 35 feet from out homes, and they have proposed that a fast food facility would also be incorporating and using this waste receptacle. With this in mind we will not only have the issues with the smell from rotting garbage, food waste and unwanted pests in our backyards, but they have been unwilling to look into relocating this receptacle from the properties. Should this be the case, I would like to see an amendment forcing them to build a covered waste area with access through gates, many fast food restaurants have these covered facilities and they are not that much extra in the over all expenses of the project. The covering would block the breeze of garbage into our dining rooms and bedrooms and keep birds, and unauthorized dumpers away from the waste receptacles. I would also like to see an amendment requiring set pick up times for the garbage removal. Being that our homes are located 35 feet from the pick up site we would greatly appreciate not being awaken by the disposal noise. I can see no reason that they could not negotiate with the waste disposal company of their choosing to pick up between the hours of 10:OOA.M. and 10:OOP.M. Lastly I would like to bring up the main concern of traffic and accidents. As a Riverewood resident I am forced to make U -turns in and out of my property on a regular basis. I have nearly been hit an uncountable amount of times due to people turning out of the Holiday gas station. When the traffic levels are increased greatly we are in danger for our lives and our children's lives due to people not realizing our inconvenience. This also will cause many accidents, and should the city go forward with this project, I would like to propose that they make the adjustment for residents by opening up the median into Riverwood allowing us direct access to our homes. If this is not possible I would recommend that Manley Commercial be responsible or partly responsible for an automatic gate or fence that would ease access to our residence through 65th street. This way we will still have our privacy and protected gate community and have a much safer access to our homes. I would like to stress that I am not opposed to this project, however there are many facts of the plan that I feel have not been looked at as throughly as they should. I would recommend that the n property. Bank be scratched from the project and the remaining properties be centered on the p perty I strongly feel that Manley commercial is pushing their project for their own profits and is not considering the over all safety for the residents of Brooklyn Center as well as the area home owners. 1 h nk for r time and consideration on this project and simply ask that you put ourself on t o you o you p 1 p Y Y P Y our property before you make this decision. Would you like to have all of the trees ripped out from your shade and noise buffer to be replaced with tiny new trees that may not even be visible for years; have an exposed garbage containing food wastes 35 feet from your yard, pool and dining room window; and lastly would you like to have the risk of an accident (due to inattentive drivers and increased traffic) every time you enter or exit your driveway? Janelle Frechette 6630 Camden Drive DRAFT Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2007 -01 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2007 -006 SUBMITTED BY MANLEY COMMERCIAL, INC. WHEREAS, Planning Commission Application No. 2007 -006 submitted by Manley Commercial, Inca proposes rezoning from C -2 (Commerce), R -3 (Multiple Family Residence Townhouse) and R -1 (One Family Residence) to PUD /C -2 (Planned Unit Development/Commerce) of three contiguous parcels of land and adjoining surplus or excess right of way located northwest of T.H. 252 and 66' Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval of a three building, 25,500 sq. ft. commercial retail /service center on the proposed 3.76 acre site; and WHEREAS, the Planning Commission held a duly called public hearing on April 12, 2007 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City' s Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City' s Zoning Ordinance and the City' s Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2007 -006 submitted by Manley Commercial, Inc. be approved based upon the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City' s Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards. 1 DRAFT 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City' s Comprehensive Plan for this area of the city. i 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 6. Based upon the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City' s Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2007 -006 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all required site improvements. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The buildings shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 2 DRAFT 10. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. No building permit will be issued for construction any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2007- 005 has been given final approval by the City Council and filed with Hennepin County. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as other all considerations and conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Approval of this Planned Unit Development acknowledges the C -2 underlying zoning district as authorizing C -2 uses generally. No part of the property being considered for development under this proposal shall at any time be used as a fast food /convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop, check cashing operation or as any C -2 special use prohibited from abutting R -1, R -2 or R -3 zoned propriety including abutment at a street line. The development agreement shall acknowledge this restriction and limitation on the future use of this property. 16. The development plan shall be modified prior to the issuance of building permits in the following manner: a. Realign the north building so that it complies with the 35 ft. building setback required from the 67' Avenue North right of way. b. To provide a 60 ft. wide drainage and utility easement adjusted for relocated utilities, as approved by the City Engineer or to realign the proposed north 3 DRAFT building so that it will not encroach into the existing drainage and utility easement. c. To provide a pedestrian break in the screen fence along the north side of the site to be connected by a walkway to the proposed walkway adjacent to the north building. d. To shift the driveway entrance to the site from the south approximately 16 ft. to the west and reconfigure the site and parking plan accordingly as recommended by the City Engineer. e. To show the proper location of the driveway entrance for the property located on the south side of 66' Avenue North. 17. No vehicle access to this site shall be gained via 67' Avenue North. Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4 Application Filed on 3 -21 -07 City Council Action Should Be Taken By 5 -20 -07 (60 Days) Planning Commission Information Sheet Application No. 2007 -007 Applicant: Global Construction and Investment Co, Inc. Location: 4821 Twin Lake Avenue North Request: Preliminary Plat The applicant, Lori Athias on behalf of Global Construction and Investment Co, Inc., is seeking preliminary plat approval to subdivide the proposed townhouse development at 4821 Twin Lake Avenue North into two lots and a common area so that the units can be individually owned. The property under consideration is zoned R -4 (Multiple Family Residence) and is currently a single lot containing an existing single family home and garage. It is located on the west side of Twin Lake Avenue, north of Lakebreeze Avenue and lays between Twin Lake Avenue and Twin Lake. It is surrounded by other R -4 zoned property containing a non conforming single family home on the north; vacant property and a four unit apartment building to the east on the opposite side of Twin Lake Avenue; a six unit apartment building to the south; and Twin Lake on the west. The City Council on January 8, 2007 approved Planning Commission Application No. 2006 -013 consisting of site and building plan approval for a two unit townhouse on this site. The applicant plans to clear the land of the existing single family home and garage and to build the two unit, two story townhome with attached garages approved under Application No. 2006 -013. Under the current application, their plan is to plat the property to allow the units to be under separate ownership. The proposed plat, to be known as Twin Lake Townhomes, would create two lots (Lots 1 and 2) each of which would be 31 ft. by 91 ft, (2,821 sq. ft.) and a common area (Outlot A) surrounding the two lots. The property line between Lots 1 and 2 would separate the units along the common wall. The lots would exceed the walls of each of the units and their garages and would contain a concrete patio and step as well as a concrete walk in a portion of the driveway on the east side of the units. The owners of Lots 1 and 2 would own an equal interest in the common area, which will be controlled by homeowner association documents which will be filed as a declaration of covenants and restrictions with the title to the property. These documents should be reviewed and approved by the City Attorney prior to final plat approval. The preliminary plat shows an existing utility easement of varying width on the east side of the property which contains an existing sanitary sewer line. The applicant proposes to provide a realigned easement of 25 ft. in width easterly of the west line of the existing easement and they have requested the vacation of the portion of the existing easement that would cause a building encroachment if the units are built as proposed. An easement vacation process has begun and a 4 -12 -07 Page 1 new easement description has been prepared. The plat will reflect the newly realigned easement. Density for this townhouse site is the same whether the units are owner occupied or not. Density is based on the overall site including the units and common area and was reviewed at the time the development plan was approved (Application No. 2006 -013). R -3 uses (townhouses) are allowed in the R -4 zoning district at the townhouse density which requires 5400 sq. ft. of land per dwelling unit or 10,800 sq. ft. in this case. The overall area for this development is approximately 11,088 sq. ft. and is sufficient for the two townhouse lots and common area. The preliminary plat shows the location of the 100 year flood elevation of 856 ft. The finished floor elevation for the townhomes and garage must be at least one foot above the 100 year flood elevation or at least 857 ft. The preliminary plat shows a finished floor elevation of 857.66 ft. The Director of Public Works /City Engineer is reviewing the preliminary plat and will be offering written comments for the Commission's review. Sanitary sewer is available in the easement area immediately east of the proposed building and water is located within Twin Lake Avenue right of way. Separate sewer and water services will be provided to each of the units. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION The preliminary plat appears to be 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 to Chapter 15 of the City Ordinances. 3. A declaration of covenants and restrictions along with home owner association documents shall be reviewed and approved by the City Attorney prior to final plan approval. Page 2 n X11 ME M AM y5 z t 1 Ko LA M! ���n ILA i J Iwo AM_ ..It7i r a� c WA 1 v ti: j LOGISMap Output Page Page 1 of 1 I h.� S e A a4xt�xlvAac�A$ S6AQ�ai http: /gis.logis.org/LOGIS ArcIMS/ ims? ServiceName= bc_LOGISMap_OV &ClientVersio... 3/28/2007 MT City of Brooklyn Center A Millennium Community MEMORANDUM DATE: April 9, 2007 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: Preliminary Plat TWIN LAKE TOWNHOMES Planning Commission Applications 2007 -007 Public Works Department staff reviewed the preliminary plat for TWIN LAKE TOWNHOMES submitted for review under Planning Commission Application 2007 -007. The preliminary plat is recommended for approval subject to the five conditions listed below. 1. The final plat shall include a 25 -ft wide drainage and utility easement over the existing sanitary sewer extending through the eastern portion of the property. The boundary of the easement shall be consistent with the easement legal description previously provided by the applicant. 2. The final plat shall include a 5 -ft wide drainage and utility easement along the front (eastern) property boundary and a standard 5 -ft wide drainage and utility easement along the north and south property boundaries. 3. The applicant shall provide an updated (within the past 30 days) certified abstract of title or registered property report to the City Attorney for review at the time of the final plat application. 4. The applicant shall pay City and Metropolitan Council sanitary sewer connection charges and City water connection charges for the proposed building units. 5. The applicant shall be responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Quest Communications and other private utility companies. 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 www.cityofbrooklyncenter.org I D,dDn3 IMIIPRI GLOBAL G(H.STRGCTIGN ADVANCE SURVEYING ENG Co. pR�'LI11IIN�IRY PL�1 T OF TIYIN TON'NH011IL'.LS'' 5300 S. Hwy. NO. 101 moemn4a.MN55345 bw.(952)470. .f95z10 826J gtIRvEvmR: GLOBAL CONSTRUCT /ON �'•,i j suR� 'EYED: J 3 DRAFfED:.ndy 13.3006 REVISED: Decembn112 610sm aaenlmlPn doe. m.32 %3T1 f REVISED: lanuu 34 10 adtl p in 2007ing and PmPnam oR.mem dacnPdon. I: i d REVIS Merth 11. 200J.lo lugl¢rt 0rttimivary 0ltt :1 1 RE�SEDMartM1 19,2M), InsMw ProPoudfMln'A' and rev'ssW Lnvl A2 I'.`, I 1 I REVISED: Mamh _O, i00]. 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