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Home My WebLink About2007 08-16 PCP PLANNING COMNIISSION AGENDA CITY OF BROOKLYN CENTER AUGUST 16, 2007 REGULAR 5ESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes July 26, 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. Hanson Thorpe Pellinen Olson, Inc. 2007-014 Preliminary Plat approval to combine six existing tracts of land within Brookdale Center and proposed vacated right of way to create three new parcels of land, one of which is the proposed site for Wal-Mart. 6. Brookdale Center 2007-015 Planned Unit Development (PUD) Amendment to allow for the construction of an approximate 184,600 sq. ft. Wal-Mart Supercenter along the north side of Brookdale Shopping Center. 7. Adam Maier 2007-016 5pecial Use Permit approval for the Arena Early Learning Center, Inc. to operate a childcare facility in the commercial building located at 6415 Brooklyn Boulevard. 8. Other Business 9. Adjournment Application Filed on 7-19-07 City Council Action Should Be Taken By 9-17-07 (60 Days) Planning Commission Information Sheet Application No. 2007-014 Applicant: Hanson Thorpe Pellinen Olson, Inc. Location: Brookdale Center Request: Preliminary Plat The applicant, Hanson, Thorpe Pellinen Olson, Inc. (HTPO) on behalf of Brookdale Center, is seeking Preliminary Plat approval to combine six existing tracts of land within Brookdale Center and proposed vacated right of way to create three new parcels of land. The primary purpose of this proposal is to create a 14.27 acre parcel for development of an approximate 184,600 sq. ft. Wal-Mart Supercenter (a Planned Unit Development Amendment for development plan approval for the Wal-Mart Supercenter is the subject of Planning Commission Application Number 2007- O15). Brookdale Center is zoned PUD/C-2 (Planned Unit Development/Commerce) and is also located in the Central Commerce (CC) Overlay district. It is bounded on the north by County Road 10; on the east and southeast by T. H. 100; and on the west and southwest by Xerxes Avenue North. The Brookdale Shopping Center is subject to the PUD agreement comprehended and approved under City Council Resolution No. 99-37 on March 8, 1999. For development purposes, the city considers Brookdale Shopping Center to be a single development parcel, however, it is made up of several parcels or tracts of land which generally reflect ownership interest. Brooks Mall Properties, LLC (or Brookdale Center) owns the majority of parcels, however, Sears, Macy's, Midas and Boulevard's Bar and Grill are parcels owned separately from Brookdale Center. The parcels of land included in the proposed Preliminary Plat with the exception of the proposed vacated right of way are all owned by Brookdale Center and are currently described as Tract A, RLS No. 1469 (313 sq. ft.); Tract D, RLS No. 1469 (16,328 sq. ft.); Tract A, RLS No. 1614 (283,277 sq. ft.); Tract B, RLS No. 1710 (423,657 sq. ft.); Tract C, RLS 1710 (46,172 sq. ft.); and Tract A, RLS 1766 (1,611,616 sq. ft.). The total land area of the proposed plat including the proposed vacated right of way is 2,407,232 sq. ft. or 55.26 acres. As will be reviewed in the PUD amendment application (Application No. 2007-015), Brookdale Center is seeking the closing of the south leg of the County Road 10/Northway Drive intersection that serves as one of the entrances to Brookdale. They hope to acquire this and incorporate it into Brookdale Center. Hennepin County, who has jurisdiction over County Road 10, has been approached about this possibility and seems receptive provided the necessary physical improvements needed to close this leg of the intersection are made. The County cannot convey this right of way directly to Brookdale and it would have to involve the City of Brooklyn Center. 8-16-07 Page 1 Also proposed is the dedication of a comparable amount of land at the south leg of the County Road 10/Shingle Creek Parkway intersection for right of way purposes and is shown on the preliminary plat as dedicated right of way. The details of this exchange will have to be negotiated and concluded as well as a formal vacation of right of way for this plat to proceed in the manner proposed. The new proposed legal description is Lot 1, Lot 2 and Lot 3, Brookdale Mall addition. Lot 1 is proposed to be 621,485 sq. ft. and is the site of the proposed Wal-Mart Supercenter and would be sold to Wal-Mart. Lot 2 is 1,502,471 sq. ft. and is the majority of the property owned by Brookdale Center and includes parking lot and the mall property. The old J C Penney's automotive center site would be incorporated into this lot. Lot 3 is 259,180 sq. ft. and is the balance of the parking area and portions of the perimeter road lying east of the section line separating the property and is a separate parcel because of that section line. Macy's, Steve and Barry's (the old J. C. Penney's store which is owned by Brookdale Center), Midas, Sears, Kohl's (owned by Brookdale Center), Applebee's (owned by Brookdale Center); and Boulevard's Bar and Grill are all parts of Brookdale that are not included in this plat. Again, the primary purpose of the plat is to create a parcel for Wal-Mart. It also clears up a few matters and provides for the dedication and vacation of right of way within this plat. The Commission's attention is directed to the Director of Public Works' memo dated 8/13/07 relating to the Preliminary Plat for his comments and recommendations relating to this plat. He is requesting the dedication of a 30 ft. wide trail and sidewalk easement through the proposed Lot 3 from the regional trail along Shingle Creek Parkway to the existing pedestrian bridge over T. H. 100. He has also listed a number of public drainage and utility easements that should be included in the Final Plat. Costs for modifications to the County Road 10/Northway Drive intersection will be the responsibility of the applicant. A public hearing has been scheduled for this Preliminary Plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION The proposed Preliminary Plat appears to be in order although there are a number of details that will need to be resolved prior to final plat approval. Approval of this application is recommended subject to at least the following conditions: 1. The final plat is subject review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 8-16-07 Page 2 3. The area indicated as County Road 10 right of way shall formally be vacated prior to final plat approval. 4. Building permits for the construction of the Wal-Mart Supercenter camprehended under Plannin Commission A lication No. 2007-015 shall not be issued until g PP 1 t has been a roved b the Cit Council and filed with Henn in the final p a pp y y County. 5. The applicant shall dedicate a 30 ft. wide trail and sidewalk easement through the proposed Lot 3 from the regional trail along Shingle Creek Parkway to the existing pedestrian bridge over T.H. 100 as part of the Final Plat. 6. The Final Plat shall include the dedication of public drainage and utility easements in the manner and location approved by the City Engineer. 7. The applicant shall provide an updated and executed copy of cross access agreements with various property owners within Brookdale in a manner acceptable to the City Attorney prior to Final Plat approval. I 8-16-07 Page 3 1��1�� ♦��f„�� 11�� if ��.��1�. �E.i �;��1,,�, t��1��1��, t i Q...��a�� ■I��t �/�-,��1�� 1��\��I ��i;��,,�I�� lt/�� i! t/� �1� /�1►Ij� a- �,��'�,**��I� n :9,. C .►//IIr■►�� f''� r ■��e��e��■ u tc�l�� 11 C� 1/ �i ,�i w �tw s�ww� .,�wui� a�w� s.� ��w w.e�. 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H i BENTONVILLE, AR f"^"°�°°° m, City of Brooklyn Center A Millennium Community MEMORANDUM DATE: August 13, 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 2007-014 and 2007-015 Brookdale Walmart Public Works Department staff reviewed the following preliminary documents submitted for review under Planning Commission Applications 2007-014 and 2007-015 for the proposed Walmart development site located at Brookdale Mall: Parking Layout, dated July 19, 2007 Site Plan, dated July 18, 2007 Grading and Drainage Plan, dated July 18, 2007 Utility Plan, dated July 18, 2007 Preliminary Plat, dated July 9, 2007 The applicant is proposing to combine and subdivide the following parcels for the purposes of reconfiguring the parking lot for Brookdale Mall and for construction of a Walmart retail store within the Brookdale Mall site: Tract A and Tract D, Registered Land Survey No. 1469 Tract A, Registered Land Survey No. 1614 Tract B and Tract C, Registered Land Survey No. 1710 Tract A, Registered Land Survey No. 1766 1. Preliminary Plat Public Works staff recommends the following modifications to the preliminary plat for Walmart Brookdale as conditions of the preliminary plat approval. A. The applicant has requested that the site access from County State Aid Highway (CSAH) 10 at Northway Drive be closed to accommodate the development of the proposed Walmart. This process would involve transfer of ownership for the land containing the southern leg of the existing signalized intersection. Hennepin County has indicated that disposition of the property would involve a turn-back process, not a simple right-of-way vacation process. 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 6 FAX (763) 569-3494 www. cityofbroohlyncenter.org The County has further indicated that they are generally receptive to considering the proposal, but the process would involve the sale of the land to the City of Brooklyn Center for fair market value or other valuable considerations. Alternatively, the disposition of land within the existing intersection could involve a land auction process if the City does not wish to participate in the land transfer. City staff has requested that Hennepin County begin the turn-back process pending further direction from the City Council and the applicant. The turn-back process is expected to take 4 to 6 months. B. As a condition of closing the southern leg of the intersection along CSAH 10, the Brookdale property owner shall dedicate a 30 ft wide trail and sidewalk easement extending from the regional trail along Shingle Creek Parkway on the north side of Lot 3 to the existing pedestrian bridge over State Highway 100 located at the southern boundary of Lot 3. The applicant shall meet with City and County staff to detertnine the specific alignment of the trail and sidewalk easement prior to submittal of the final plat. C. The final plat shall include public easements only. Private utilities within the mall site shall be contained within separate easements recorded with Hennepin County. Water supply mains, sanitary sewers and storm sewers within the Brookdale site are private utilities unless otherwise noted in Item D below. D. The final plat shall include dedicated public drainage and utility easements over the following locations: 1. A 30 ft wide Utility Easement centered on the alignment of the existing trunk sanitary sewer extending from Northway Drive through the eastern portion of the Brookdale site to the northern right-of-way boundary for State Highway 100. 2. A 30 ft wide Utility Easement centered on the alignment of the existing trunk sanitary sewer extending from Shingle Creek Parkway through the eastern portion of the Brookdale site and terminating at the existing trunk sanitary sewer indicated in Item 1 above. 3. A 50 ft wide Drainage and Utility Easement centered on the alignment of the existing box culvert drainage structure extending from Shingle Creek Parkway through the eastern portion of the Brookdale site. 4. A 20 ft wide Utility Easement extending over the water main isolation valve located approximately 20 ft south of the south right-of-way for CSAH 10. 5. A 10 ft wide Drainage and Utility Easement along the perimeter boundary of the plat abutting Xe�es Avenue, CSAH 10, State Highway 100 and the eastern properiy boundary of Lot 3. 6. A 20 ft Utility Easement over the portion of the existing public sanitary sewer extending along the northern plat boundary near the Northway Drive entrance. The current plans do not show this existing sanitary sewer alignment. 7. Utility easements over two locations (expansion areas) as noted on attached Exhibit A. Page 2 of 6 E. A 10 ft wide public sidewalk easement along the plat perimeter abutting Xe�es Avenue and CSAH 10 shall be dedicated to the public and recorded with Hennepin County as a separate document in conjunction with the final plat. F. The applicant shall provide legal descriptions of existing easements to be vacated as part of the subdivision and site re-development process. G. 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. H. The applicant shall provide the City with an updated and executed copy of a cross-access agreement with various property owners within the Brookdale site. The form of the cross- access agreement shall be acceptable to the City Attorney. I. The proposed subdivision plat is located adjacent to Minnesota Department of Transportation (Mn/llOT) highway right-of-way. Minnesota Statutes requires that the City submit the plat to the Department of Transportation for written comments and recommendations. 2. Site Plan and Traffic The applicant has provided a report from their traffic engineer outlining the traffic patterns that would result from the closure of the northern mall entrance at Northway Drive. The traffic study determined that the existing mall entrance at Shingle Creek Parkway/CSAH 10 can accommodate the increased traffic volumes that would be generated by the entrance closure, assuming that certain site modifications are completed as indicated in the preliminary site plans and as noted below. A copy of the traffic study is available at the Engineering Division office. Public Works staff recommends the following modifications to the preliminary Site Plan for Walmart Brookdale as conditions of the site plan and PUD approval. A. The Site Plan depicts the wheel paths of semi-truck type delivery vehicle along the proposed alignment of the eastern site entrance and frontage road. The shorter radii along the alignment of the proposed frontage road will result in minor conflicts with turning movements. The applicant shall provide options for addressing the road alignment issues near the easterly most section of the frontage road. The applicant shall also eliminate one parking stall and increase the width of the frontage road at the northeasterly corner of the parking lot to address wheel path conflicts. See attached Exhibit C. B. The location of "Future Pad 2" shall be reconfigured to avoid encroachment over the existing box culvert. C. The Site Plan shall be amended to provide details regarding pavement markings and traffic control signage in conformance with the Minnesota Manual on Uniform Traffic Control Devices. Centerline pavement markings shall be extended along the length of the frontage road. Traffic Control signage shall be provided at internal intersections in accordance with City requirements. Page 3 of 6 D. Pavement along the Shingle Creek Parkway mall entrance is deteriorated and lacking sufficient pavement markings to accommodate the increased traffic generated from the proposed Walmart facility. The applicant shall provide for the resurfacing of the Shingle Creek Parkway mall entrance as part of the proposed site improvements. Pavement markings within 400 feet of CSAH 10 shall be poly-preformed markings in comformance with Mn/DOT specifications. E. The applicant shall be responsible for the cost of modifications to the CSAH 10 Northway Drive intersection that will be necessary to provide for the closure of the south leg. These costs shall include engineering design as well as curb, pavement, pavement markings and traffic signal modifications and other modifications as required by Hennepin County. F. All internal drive lanes, frontage roads and parking lot islands shall be constructed with Type B618 concrete curb and gutter. G. The City is currently preparing a pedestrian and landscaping study for the CSAH 10 corridor from Highway 100 to Brooklyn Boulevard. The applicant shall modify the site plan to reflect details for the sidewalk connection to CSAH 10 in coordination with the study. 3. Water Supply and Sanitary Sewer Utility Services The Brookdale mall site is supplied with public water service from water mains located along CSAH 10 and Xe�es Avenue. The existing public water distribution infrastructure has adequate capacity to accommodate the proposed Walmart development. The water main within the Brookdale Mall site is privately owned infrastructure under the maintenance responsibility of Brookdale Mall. Sanitary sewer service is provided from the existing trunk sewer extending through the Brookdale Mall site. This trunk sewer also has adequate capacity for the proposed Walmart. Public Works staff recommends the following modifications to the Utility Plan for Walmart Brookdale as conditions of the site plan and PUD approvaL A. Fire and domestic water services shall be separated prior to entering the proposed building. Domestic and fire" services shall have separate exterior curb stops, gate valves or PNs to allow isolation of individual water service lines. B. Prior to demolition of the existing 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. C. All water main and sanitary sewer utility extensions and relocations 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. D. The proposed water main and sanitary sewer force mains shall be constructed with ductile iron pipe unless specifically authorized by the City Engineer. Additional design information for the proposed sanitary sewer lift station shall be provided to the City Engineering Division prior to application for a building permit. Page 4 of 6 E. The 12-inch diameter isolation valve located along the north property line (main feed for Brookdale Mall) shall be replaced prior to relocation of internal water main. The valve is not operating properly. The short segment of cast iron water main between this isolation valve and the proposed water main relocation shall also be replaced with new pipe. F. The Utility Plan shall be revised to include additional isolation valves at the connections between the proposed (new) water main and the existing water main to provide for proper testing and isolation in the event of future water main breaks. G. The Utility Plan indicates a short segment of 12-inch diameter CMP sanitary sewer (approximately 115 feet) near the front entrance to the mall. This segment must be replaced or a cured-in-place liner must be installed to prevent future pipe failure. High corrosion rates and pipe failure often occurs in locations where corrugated metal pipe is used for sanitary sewer conveyance. H. The applicant shall provide a copy of an agreement with the Midas building owner to relocate water and sewer utilities within the Midas site or, alternatively, provide for these relocations within the boundary of the proposed plat. I. The applicant's engineer shall meet with City staff to review minor discrepancies regarding the location of the existing sanitary sewer and storm sewer within the site. J. The installation and operation of private water supply wells within the Brookdale Mall site is strictly prohibited due to potential migration of off-site contamination on other properties. K. Tracer wire and tracer wire access boxes shall be installed along the proposed sanitary sewer services in accordance with City standards. L. Proposed hydrant locations are subject to the approval of the City Fire Chief and Building Official. M. Transient overnight parking and overnight RV parking is prohibited due to the lack of sanitary sewer and other sanitary facilities within the Brookdale Mall site. N. The Applicant shall be responsible for coordinating site development plans and private utility relocations with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. O. The owners of all parcels being subdivided with the proposed plat shall enter into a standard agreement with the City of Brooklyn Center for maintenance and inspection of private water main, sanitary sewer and storm drainage systems located within the plat boundary. This standard agreement authorizes the City to perform repairs to the above state infrastructure in the event that the land owners fail to adequately maintain these shared private systems. Page 5 of 6 �I 4. Grading, Drainage and Erosion Control Storm water runoff from a majority of the proposed redevelopment site is routed to the regional storm water management system located within the Centerbrook Golf Course. The proposed site improvements do not significantly increase the amount of impervious surface within the Brookdale Mall site. Public Works staff recommends the following modifications to the Grading and Drainage Plan for Walmart Brookdale as conditions of the site plan and PUD approval. A. Grading limits shall remain within the property boundary unless formal arrangements have been made with adjacent property owners. B. The Grading and Drainage Plan shall be revised to include additional catch basin structures along the entrance and frontage road as depicted on attached Exhibit B. C. The Grading and Drainage Plan shall be revised to re-direct two catch basins toward the existing diversion storm sewer within Brookdale to maximize the amount of parking lot runoff directed toward the regional storm water management facility. This design revision is depicted on Exhibit B. D. Exhibit B identifies a segment of existing corrugated metal pipe (CMP) that is currently proposed to remain in-place. This segment of CMP pipe has been in service for over 40 years and should be replaced prior to constructing the new parking lot. The remaining segments of downstream storm sewer are newer concrete pipe. E. An NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency prior to disturbing the site. F. The applicant must obtain approval of a Storm Water Management Plan and Erosion Control Plan from the Shingle Creek Watershed Management Commission prior to initiating site construction. The applicant shall submit the application materials to the City. The City will forward the application to the Watershed Commission. G. The applicant's engineer shall provide storm water drainage calculations for the proposed private storm sewer prior to application for a building permit. H. Abandoned sections of storm sewer shall be removed or sand filled in accordance with City specifications. The storm sewer conveying runoff from the Macy's building shall be connected to the storm sewer segment described in Item D above prior to abandoning the CMP storm sewer. 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 6 of 6 �_/'\i i �i RIGHT OF WAY VARIES IN MADTH 58¢ .33 31 W N89•4�'r�•W 6�J8.27 WA� FT. Op,S 311.66 o ��e� �,�EMENT 652.80 sa.e� 2s�.s4 Tp DEDICAI'ED ��•.h N89'43'51"W 4 .eY� �t,� i 512.21 �o°�O p 140.59 ?o 97 q q� F "ji.�\ r�i�; i?. t<�ii"-�✓ 2 PRAPOSfD 10 f{.� J I 1 i S7la4A� .SENER �y� N JV� r �i �:''i" ��.i�� EA.SEM£NT--� �m y, V u� 25.869 sq. ft" N N I 7' N89'43'50"W v�q V'� i 114.51 i 2 0 T, r� ft. I i j i w V tl T y i u� 1 11 1 I N �0 ,'r' �i. 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SIC�IAL r �I o r :j 1 b I :a J A� PYL�S GN �LJ 1� 1 17 4 54 36 i 1 1� L 3� 4� I �I 1I t i sHi�c� i CRE =K 3 I I J 1. i y 1�� i' f �Y r' r i� j F�UTURE P A D 2 15,000 SF l t r �i., A �l �3 cM� a 1�� 3� V'� �'Tr"(�i� i Fl� I U�E PtiC� 1 LS,OUO SF i ,i 1 i i �V %.('C 1 3 �i� C i i-- yy y 1� I i i August 21, 2007 Hansen Thorp Pellinen Olson, Inc. Mr. Charles Howley 7510 Market Place Dr Eden Prairie, MN 55344 Dear Mr. Howley: Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application No. 2007-014 submitted for, Preliminary Plat approval at its meeting on Monday, August 27, 2007 in the City Hall Council Chambers, 6301 Shingle Creek Parkway. This City Council Meeting begins at 7:00 p.m. and this matter will be considered as soon thereafter as the City Council's agenda wi11 permit. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc I Application Filed on 7-19-07 City Council Action Should Be Taken By 9-17-07 (60 Days) Planning Commission Information Sheet Application No. 2007-015 Applicant: Brookdale Center Location: Brookdale Center Request: Planned Unit Development Amendment The applicant, Brookdale Center, is seeking a Planned Unit Development Amendment to allow for the construction of an approximate 184,600 sq. ft. Wal-Mart Supercenter along the north side of the Brookdale Shopping Center. The plan would involve the demolition of the existing vacant two story retail building that formerly housed the Merv}m's Department Store. The Wal-Mart building would be constructed in this location and to the north and would be attached to the existing Brookdale Center having an interior access from the store to the mall. Additional vacant retail space westerly of the north mall entrance would also be demolished to accommodate the new development. Exterior access to the new Wal-Mart would also be provided at the east end of the store. The property in question, Brookdale Center, is zoned PUD/C-2 (Planned Unit Development/Commerce) and is bounded on the north by County Road 10; on the east and southeast by T.H. 100; and on the west and southwest by Xerxes Avenue North. It is the applicant's plan to create a new 621,485 sq. ft. (14.27 acres) parcel of land for the Wal- Mart site. They propose new combinations and divisions of existing land parcels at Brookdale under Planning Commission Application No. 2007-014 for Preliminary Plat approval which is a companion application to this application. A Planned Unit Development Rezoning from C-2 (Commerce) to PUD/C-2 and development plan approval for the expansion, redevelopment and rejuvenation of Brookdale Center was approved by the City Council under Resolution No. 99-37 on March 8, 1999. Attached is a copy of the resolution containing the various findings and conditions of approval for that proposal (Planning Commission Application No. 99001). That plan included reconfiguration of the west end of the mall to include an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat movie theater; a 13, 200 sq. ft. addition to the north entrance to the mall for two restaurant sites and a new food court; 13,000 sq. ft. addition for general retail use and revised entry way along the southerly side of the complex; a 4,650 sq. ft. freestanding Applebee's restaurant and conceptual approval for three other buildings shown on the plan as buildings No. 3, 4 and 5 subject to review and approval in the form of a PUD amendment by the Planning Commission and City Council. Most of these improvements were completed by Brookdale Center except for the second story theater. 8-16-07 Page 1 Also, a PUD amendment was approved by the City Council on July 26, 2004 (Council Resolution No. 2004-97) for a 4,195 sq. ft. Dairy Queen Grill and Chill on the building No. 2 site. This proposal was never built and the site remains undeveloped and will now be incorporated into the Wal-Mart site. The current request is, therefore, an amendment to the original PUD approvaL As the Commission is aware, the PUD process involves a 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 unless the City were to determine that another standard or use would be appropriate given mitigating circumstances that are offset by the plans submitted by the developer. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The PUD process involves a rezoning of land and, therefore, is subject to meeting the City's rezoning evaluation policy and review guidelines that are contained in Section 35-208 of the City's Zoning Ordinance. Also, proposals must be consistent with Section 35-355 of the City's Zoning Ordinance, which addresses Planned Unit Developments. Attached for the Commission's review are copies of Section 35-208 and 35-355 of the City's Zoning Ordinance for review. As mentioned previously, the City Council adopted a resolution approving the overall PUD for Brookdale Center. That resolution (City Council Resolution No. 99-37) contains the various findings and considerations necessary for approving the PUD. These findings and considerations were made given the applicant's use at that time and this amendment is to acknowledge the building details and locations of an amended proposal within the PUD zoning district. It is not necessary for the Planning Commission and City Council to reapprove the original Planned Unit Development Amendment, however, approval of this Planned Unit Development Amendment should acknowledge compatibility with the policy and review guidelines of the previously mentioned Section 35-208 and also the provisions of Section 35-355 of the Zoning Ordinance. It is believed that the proposed amendment submitted by the applicant in this case is in keeping with the findings and considerations associated with the original approval. This proposed amendment can be considered consistent and compatible with surrounding land uses in this area. The amended development plan being submitted will, like the original approval, be consistent with the modifications to the ordinance that were allowed at that time. No other modifications from the underlying zoning requirements are being sought by the applicant with this Planned Unit Development Amendment. Of note is that the applicant is no longer seeking to deviate 8-16-07 Page 2 from the 15 ft. green strip requirement along the County Road 10 right of way and will be providing sufficient green strip to meet this underlying zoning requirement. It is believed that the proposed use of the property will be consistent and compatible with the immediate area surrounding the properly as well as uses in the general vicinity and will be consistent with the Planned Unit Development Amendment approval granted under Resolution No. 99-37. Attached for the Commission's review is a copy of the original Brookdale PUD site plan from 1999. SITE AND BUILDING PLAN PROPOSAL As mentioned, the p'roposed Wal-Mart will be approximately 184,600 sq. ft. and be located and attached to the north side of the existing Brookdale Mall where the former Merv}m's Department Store is to be demolished. Two future building sites at the easterly end of the center will continue to be comprehended for future development through the PUD amendment process. ACCESS/PARKING Access to Brookdale Center is proposed to be changed. The Northway Drive access to Brookdale at County Road 10 would be closed. A median break in County Road 10 serving Northway Drive would continue as would the traffic signal and pedestrian crossings at this location. The left turn lane for west bound County Road 10 would have to be removed. The applicant is requesting the right of way provided for access to Brookdale be vacated and incorporated in to the Brookdale site. This will be considered during the platting process. The City is seeking the dedication of additional right of way at the Shingle Creek Parkway/County Road 10 access to Brookdale to accommodate revisions to this area. Access within Brookdale will be modified as well in the area of the Kohl's access to better define and delineate access to Brookdale within the parking lot area. Concrete delineation with defined turn lanes will be provided between the two future building sites along the easterly portion of the perimeter road. The perimeter road will be modified through the to be vacated portion of the closed Northway Drive entrance. The balance of the perimeter road will remain in its current location other than where modifications are made on the east end. Parking will be revised to the east of the proposed Wal-Mart building including within the Wal-Mart property itself. Concrete delineation and parking protectors serving as landscape islands will also be provided. Parking will be provided on the basis of 4.5 parking spaces per 1,000 sq. ft. of gross leasable area as was established for Brookdale at the time the original Planned Unit Development was approved in 1999. Parking required for Brookdale, based on a total of 1,120,810 sq. ft. of gross leasable space as indicated on the site plan parking layout, is 5,044 parking spaces. There are to be provided 5,137 parking spaces given the parking plan that is to be implemented, a slight surplus given the established parking formula for Brookdale. It should be noted that Brookdale showed the ability to provide 5,700 parking spaces as part of the 1999 PUD. The executed PUD agreement dated December 9, 1999 acknowledges this ability and states that in the event it is determined by the City Council that the existing parking is not adequate, the owners of the 8-16-07 Page 3 properties shall redesign and reconfigure parking areas and construct such additional parking facilities as are necessary to provide 5,700 parking spaces on the subject properties. This provision will continue with this amendment as well. Green strips exceeding 15 ft. along the County Road 10 right of way will be provided in contrast to what was originally proposed with the 1999 expansion. We are recommending wrought iron fencing and masonry piers as has been used throughout the city in other projects to in this case help control pedestrian traffic along County Road 10 and to channel it to crosswalks and pedestrian accesses to and through the Wal-Mart site. A traffic im act stud for the ex ansion of Brookdale dated Jul 22, 2007 was prepared by Spack P Y P Y Consulting and is attached for the Commission's review (narrative portion only). The study was for the purpose of determining how public streets around Brookdale operate currently and will operate with the addition of traffic with the development; the impacts of closing the southern leg of the County Road 10/Northway Drive intersection; the operation of the Brookdale interior ring road; and possible improvements. Their conclusions are that the public streets/intersections will operate at an acceptable level of service during the PM peak hour with the expansion; site alterations will not negatively impact the County Road 10/Shingle Creek Parkway, Xerxes/56 Avenue and Xe�es/SS Avenue intersections that serve as access points to Brookdale; no mitigation measures are necessary to accommodate the traffic changes that will occur with the expansion other than possible signal timing at intersections particularly at the altered�County Road 10/Northway Drive intersection. Physical alterations at the County Road 10/Northway Drive intersection will need to be accomplished to convert this to a true T intersection with the closing of the south leg. This will involve eliminating appropriate turn and through lanes. GRADING/DRAINAGE/UTIII�ITIES The applicant has provided grading, drainage and utility plans that are being reviewed by the Director of Public Works/City Engineer. His written comments are attached for the Commission's review and consideration in his memo dated 8/13/07. Sanitary sewer, storm sewer and water main, along with a gas line currently exist in the parking lot north of the vacant former Mervyn's building will have to be relocated to avoid being beneath the proposed Wal-Mart Supercenter Their plan is to relocate these utilities around the perimeter of the new building. Sanitary sewer and water connections to the new building will be along the west side. Parking lot improvements for the Wal-Mart site are planned to the east of the building. As mentioned previously, modifications to the perimeter road with a new intersection near the Shingle Creek Parkway/County Road 10 entrance are also planned at the perimeter road intersection with the access to Kohl's and Boulevard's Bar and Grill to be redone as well. This intersection will be shifted to the south slightly and connect to the perimeter road between the two future building pad sites in this location. It will allow for the two legs of this intersection to line up directly across from one another. A new parking configuration is planned and concrete 8-16-07 Page 4 curb and gutter deliberators and channelization will be provided along with landscape island areas. Erosion control will need to be provided during construction and an appropriate erosion control plan will need to be submitted for the City Engineer's approval. For the most part, the site will be served by existing, private utilities, on the Brookdale site which are connected to existing public facilities. A regional ponding facility was developed at the time Brookdale was expanded in 1999-2000. No ponding areas are proposed with this development and it must be verified that the existing regional pond will be sufficient. The applicant must obtain approval of a Storm Water Management Plan and Erosion Control Plan from the Shingle Creek Watershed Management Commission prior to site construction. The applicant is to submit the application materials to the City Engineering Department which will in turn be forwarded to the Watershed Commission. The Director of Public Works makes a good point in his memo about transient overnight parking and overnight RV parking at the Wal-Mart site. Apparently this activity is allowed by Wal-Mart at some of their sites. He notes that there is a lack of sanitary sewer and other facilities within the Brookdale Mall site and this should be prohibited. This is a zoning concern as well in that a recreational vehicle park is not comprehended by the Zoning Ordinance in this area and such activity should be prohibited as part of any PUD approval. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission for evaluating such plans. Landscaping was provided at the time Brookdale was expanded and redeveloped and the landscaping proposed now is related to the Wal-Mart expansion. The Wal-Mart site is 14.27 acres in area and is required to have 840 lanscape points. The applicant proposes to provide 8401andscape points by preserving some existing deciduous and coniferous trees and to provide additional landscaping meeting the point system requirement. The proposal is to provide landscaping along the County Road 10 green strip, along the north side of the Wal-Mart building and in landscape island areas in the parking lot. Thirty six new shade trees to include Swamp White Oak, Autumn Blaze Maple and Redmond Linden are proposed, seven of which would be located in the County Road 10 green strip and the balance in landscape islands within the parking lot and along the north side of the building. Thirty two coniferous trees such as Black Hills Spruce and Swiss Stone Pine are proposed to be intermixed with existing coniferous trees on the site. Fifty-two decorative trees including Red Jewel Crab Apple and Spring Snow Crab Apple are interspersed with the larger shade and coniferous trees throughout the site. Four hundred twenty shrubs are proposed including Buffalo Juniper, Crisp Leaf Spirea, and Neon Flash Spirea are proposed within the landscape island areas. The landscape plan appears to be in order and can be considered acceptable for this development, meeting the 840 points for this size parcel. 8-16-07 Page 5 I I I BUILDING The applicant has submitted building elevations for the proposed Wal-Mart Supercenter. Building materials include brick veneer in two colors, cultured stone, masterblock structural, integral colored split face CMLJ and EIFS uniformly around the sides of the building. An outdoor garden center with masonry piers and wrought iron screening is included. Two main entrance points to the exterior are provided along the front elevation with spandrel glass and standing seam metal roof. It should be noted that roof top and on ground mechanical equipment must be screened from view. Parapet walls, if high enough, can be used for screening of roof top mechanical equipment. Although not part of the approval process, it should also be noted that wall signs may not project above the roof line of the building. A restricted use loading area at the southeast corner of the building is proposed to remain in an area that was shielded by vacant store area that is proposed to be demolished. The detail of this area shows a concrete masonry unit screen wall to screen this area. The loading area to the west of the building where a six bay receiving dock is to be located, should also have a concrete masonry unit screen wall high enough to screen vehicles and trailers in this area. Additional screening may be in order to the northwest of the truck turn around area for screening purposes. This screening device should be high enough to screen the loading area from view as well. It is recommended that the Planning Commission closely review this as to the appropriateness of the screening. All outside trash container areas including compactors and recycling areas should also be screening from view. As mentioned previously, there will be an interior mall access to the Wal-Mart Supercenter where it is attached with Brookdale Mall. In discussions with the architect he has indicated that they are considering relocating the food center and the general merchandise area by flip flopping the arrangement. This would mean that the building elevations would not accurately depict the location of the food center, general merchandise area and garden center, which I assume would be located at opposite ends. This does not significantly alter the plan nor affect circulation, parking or other matters. Obviously, these plans would have to accurately reflect the layout prior to the issuance of building permits. It should be noted that the site plan calls for two cart storage areas that appear to be within the vestibules leading to the food and general merchandise areas. Any outside storage of carts other than temporarily at parking lot corral areas, would have to be screened from view. Clarification of this point should be sought by the Planning Commission as well. LIGHTING No lighting plan has been submitted at this time. It is anticipated that lighting fixtures and foot candles would be comparable to the exiting lighting within the Brookdale Center. Our concern is that lighting be directed down on the site and not create glare offsite. Section 35-712 of the City Ordinances requires that all exterior lighting be required with lenses, reflectors or shades so 8-16-07 I Page 6 as to concentrate illumination on the property. Illumination is not permitted in intensity level greater than 10 foot candles measured at property lines abutting street right of way or non- residential property. No glare is allowed to emanate from or be visible beyond the boundaries of the illuminated premises. It is not anticipated that lighting should be a problem with respect to this plan. The applicant should, however, provide an appropriate lighting plan for review prior to the issuance of building permits for this project. The lighting plan should provide foot candles and an indication of proposed lighting fixtures. PROCEDURE As pointed out previously, this proposal is an amendment to the Planned Unit Development approval granted for the expansion, redevelopment and rejuvenation of the Brookdale Shopping Center, which was approved by the City Council on March 8, 1999 through Planning Commission Resolution No. 99-37. As a Planned Unit Development, this proposal is required to follow the procedures required for the original Planned Unit Development. This requires a public hearing, which has been scheduled. Notices of the Planning Commission's consideration have been sent to surrounding property owners and a notice has also been published in the Brooklyn Center Sun/Post. All in all, we believe the plan is in order and consistent with the original Brookdale development approval and, therefore, we would recommend approval of the amendment. Approval of this application should acknowledge the findings, considerations and conditions that are comparable to those made in the previous City Council resolution. A draft Pla.nning Commission resolution is offered for this Commission's consideration. This resolution outlines the Commission's consideration of this matter and also recommended considerations and conditions for approval. 8-16-07 Page 7 J t1��1�� i��.�� a ti ��11,,, ''��1 ��1�1 �...�,�a�.,- r 9 /��j 1,:�1�� v�, ��!1 ��n� ��r�■ �'ii�i�� .a ��I r� I .Y r1��III�►�C ��e�� a u �1�� .:c �L9 r L�y �I�J �/RI �!9 �I�II! ��1 �■IH �l�7 �I ..Ly 11 C: ..�j �t�i i' /�7 i w �♦w 1 1 �l i` i j l` u =1 s T I, Ei �'�j Il .v��' I �.��0�� i� 1 �1 ,.f' �tS,� 1: f ��E' �ra ��C: �/C�A�. 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"T cns a,P x», ,o wo. �.�.�rn �.a' �ii� F I STAT��N J wxcau.n P `rf i3 ��i �l a 1 r j s�\f -�4° 1 i ��o t 1 �p� �V MiDnS I m A I y"� t J.� �Q u�1�.. 1 36 r 1 a$€ our000e 36 �a� J� GARDEN 68 ti W F' aL GENTER 23 t l\t l,/ p: ao �t'�` r �'-x` 0 4' G.M. i vl VESTIBULE t V\ Y"Q wPA[iat r� WAI-MART r �i SUPFRCFNTFR kfi749-f10 0 r �i 2 s C-176N-GR-NO 29 184.464 S.F. e �a ^R��. FFE=853.0 p J� GftOCERV p e �ESTBUf�E e 1 Bauu+os O 9' a 5 f ro I a[ Y�.. 6-BAY wvxia o I I ax RECE VING y REy DOCK S rt�of J MACY'S \U-"' 2 I O E FOOD CAURT a BROOKDALE cwmoa+ Mn�� O 4"I C� Z Z e O O m�a iuxwxc r�iv �/l Z U LL. Z Q �sc�[x wsu Z V7 occax�mE r,ini[x (rn.) W o oa .-�pG v� �.j EXISTNO COrDR10N.4 �-EC�ND PROP0.SED IMPROVEMENTS L.EOBJD eo�,.wo� �,.P.� a .E ��a a..w wM, o 3, Q Z swxu eo. vaavmn r�m�xc m.as `�unc�iort U 3 m r ocawas mFC xa wu. caxarc� oex.w� ,une caa¢¢ r�w�x. ouursrtns iounw E A` SUMMARY ua� ACRES 14 27t S I T E P L A N g E`�"�" TM'� P A R K I N G R A T I O I WAL BURDING SO.R.IMEOUIRE� SPACESI7R0`/IDEU SPACESI A4T10 I TOTAL SITE 85.45t 4� 184,464 830 crsnrHlC Sca,e s O �a� I I 914 5.0/1,000 S.E� o e�w� 60�a.��M1 a 4 �a.s i i i i 6 I RENSIONS �BY PRELIMINARY NOT I FOR CONSTRU��'ION 9 I exisr_ TRANSIT Ll� STATION miazzr� 'k �_�I /i. J '�,t'� x a i RIGHT OG WAY VARIES IN INORI �xe.i renv sf...:.�._-� Tr__.. .��.�_c-6_,— Mrea p V g I s .+L j I 1 v� %�m� .r I u e �t�t 4 �A� J i r �,AT�oN e� tq c� l i i� /r a �p .�J' MIDAS N� J �a O msr.� o w�' Z d a�' O C�. o e 9° a� c 6 a�T�oR cnROSn` a c��R^ M� o a S e 3 iR ve t.. ?%S. e. i ba P o3sx t z z. a�P a. c M. O W �sr�a��E r_ r a ao�.o z z� a� aM a= �s, wa�—MaRT r �n., Z� 4 ...�__O suPFRCFNTER a57a9 00 �O ro C-iJ6N GR NO mo.as� /j as: 7 &4,46A S.F a arn �z_ a. x :::90 R FFE�853:0 I z 4 r un GROCERV y.., p VE6d3�jeE �I �u >:..eu 1 5 a k ,a A�P �I 3EE� V 6 BAY N RECEfyIN� �i 4ocK 9 Q MACY'S I o 80 I a d P,� q' .a%''` �I r�� i�%� FOOD COURT 9 i W J 3 i Q E rvv e� BROOK�ALE r MALL I Q \:p� U �n v o �.sx is vro asNV snoo p�� Z I U w a� i Z Z EXI3TING CONDfT10NS LEi3END PROPOSED IMPROVEMENfS LEGBJD j vi O i wnrzR v�L�i saiu eow �0� J O H°t[ m Q 3 g� Z F K E,E� „z s� �PM,.�„, ..awE m GRADING 3 0,� P�.� W�.w �,N��.,� A N D o�E° DRAINAGE PLAN g b� e m p� s- e wv CRAPHIC S�ALE s "EE' �.��W ��.�o �E.k A� o b 2 'i ,o.� ao n a 4 �n I I 2 I I 5 a I I I RewswHS ier r, I e 9 PRELIMINARY NOT L� i I °`�a—�— ��,_.�a—�. FOR CONSTRUCTION �°k i 4 1 k v �„T "w'- �AS —i s1Ar�oN V i i q q f �J MIDAS a 9a aE q j ;i w o�TOOdR .J: GARDEW �J. m� y CEWY£-(i s N� *wu Z m O y o� p ry P _........�0.�x O\ y �g m rs p,u �4 D r �M M �a G f VESTIBULE s, a� �FRC'FfV�TF `3 �:w: a�3 S4 WAI MART �HE�n«� �,�E�n�. v 'i `��rn� ffiz o,e Q __U .X'r-Z SF�� R {�49—M w� y c—, �6N—cR—NO r—r �Q`� ��r.� ,_a p 184,464 SF. .F�� <vf Ex:�. s.� D �E�� FFE=853.0 °E Wn�riECrrocwsr u w �r GROCERY sew..n .c�, m E VE�S�IBU�LE ��Riu s i�-�� z ti��,. .oE o�� 1 .f -A PLEBEE S O ensr P wxo 4 ee rse�o.¢o ��¢ru�x 6-' AY ff Re�C� j(ING aun f t ��xw.meu �l'' �v,xrwxxa� MACYS f o ens, c a� �h�p� q 4� FOOD COURT °ROPOtto u.xxo� z m �a�s2.o E �G nv zss rc BROOKOALE MALL a r w o E��,��k ,aµ��wE� e ,,�,�as Z z z a L] Z U Z EXISTINC CON�ITIONS LEGEND PROPO.4ED IMPHOVEAEMS L�ND z vi y w i sc�+u aon �RP� Y O Q d O w Po w.hx vu� r m —�—ww m C p —>i s�x..x. se�n uu�ae S' ou— oh U. 3 m 5 y v E- a2 E i i E- d B[xfiMNM' 1 a: .��..wE,N.��..LL �,E�.��:�"�;a;°:: �'E w�.�. uE� a p o aE�� c ��E. U TI LI TY P �A N 4� j�� w[ uxm¢¢ i p� CRAPHIC SCALE ""`T 3 a�� ,��,�,�,w ��.ho� �a�� 4 �a,� i z I I I I 5 I I REVI5ION5 IBY PRELIMINARY NOT g e a I FOR CONSTRUGTION exisr rRnNSir sTanoN 1 ..T I RIGHT OF Wqy VARIES� IN `MOT1 v_ .T_. i ri I v�, l T i y' CWIV/YFiW1`7D /-HA&SLAKE_KOAD "�77}77 �E s�, ��i9.. 1F �l� ,i t cAs sTAr�o� �T�� e i E,�U, i T= Mions is�c rc,.u� m go z U our000a is�`oc."�` y� GARDEN �u�nsrvc s.wo m cENica N°' ��m�c VD U ��sa i �m �3 ts¢�rcruu c a�a �.M W ��e��E i a a WA� _MARr r r.—= suPFRrFNrFR�5�a4-nn C-176N-GR-NO 4 184,464 SF. t� FFE=853.0 i w� GROGERY f VESTIBULE O 6-BAV RECEIVING a DOCK MACVS FOOD COURT E BROOKDALE ALL Q y, C w V1 xorts F, w Z Z �...m .�..s z PL�ANT LIS LANDSCAPE REQUIREMENTS LANDSCAPE LEGEND so.w�c.. i �wc I I �cxn a �w. w ,µo M�. w .�s_ ,�E� t�� ;�i� ,wE. roo �a�,s .an s c� >own �c. k.�� e �+E�.,,.co E.a+.w �aaa: ,�c h z c i f,�,�? ...w.. �own ��o e.oaa�rs�� sw z� .��wo�nwa:��WWS,�EE z ��t� f w c. 1 Es i.'"`o. i w W 5 in: .:o-.r :,o O ��o �o�� ,�E o o a .ro, a� o. ao od,n p w B� atOPOSFU SNMU05 �ND P@EHNiKS J �^.�p� ane' -�.rt. p an.a :��yTrTu.`E I�m..�l. I v..' I I n�n. I I i O� p ......�.,�w. o.�u T—� U. 3 m S i i #,I LANDSCAPE q"u° �°s PLAN 95� io v CRAPHIC SCALE sxtt— T�"� �af.or _��I larmrl 4 �a j �a a� y a�,��* �k p 5 y '�v �fi. i ng '��I I Y I I IU Ii r r o t i. Y s� �I i ,fc:. z re- o r ti. e x a 9 N'� s�. a a��° f ,��:t ��;�.k� r ,a„., m N a a. 1.e�Y%`.�t t �3�.:5.� `�a, x wa�a.e�caa�s °YN' ww�eow wcurwvn rro ax�wc�a�axsrieoo .o., �M..�� r r i ti E �,w.. .��,y. �r- w .r v.�.. mm s� a�. u.. M .,.,.�z� >d s< PRONT BLEVATION �u,,.�.� .•Y d.,�,�..� �n ftY 6t. 0 ltl Xl 10' yp' 10'1I41Wi: 19x Mwm M11m r r� r�`°� -ii r r� .a s�..,: e„� r wz �n _.�a�:.,•;.� REAR ELEVATION �;W I�l.. 1 a ia m p eo t'' /lr aw�rrvoor vox�iwr�YS�'n.w� y �ws� wnn �ew�w i� w�se��arR' RKiNT ELEVATIOM M._l..r o ru sa a arc 7KY IMAL*MAR'T B�r��c.�r'1 �fl'i�';�l.1�1 BENHAM MMW01109M�IYCIICMIWI AtMII�YlOplt tllOp t Member �Y �S�n introduced the following resolution and moved its adoption: RESOLUTION N0. 99-37 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION N0. 99001 SUBMI'TTED BY TALISMAN BROOKDALE, LLC, WF�REAS, Plzt�ing Commission Application No. 99001 submitted by T1lismaII Brookdale, LLC proposes a rezoni.ng from C-2 (Commerce) to PUD/C-2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and south by T. H. 100 and on the west by Xerxes Avenue North; and VVHEREAS, this proposal comprehends the rezonino of the above mentioned property and site and building plan approval for th� expansion; redevelopment and rGju�enation of the Brookdale Regional Shoppin; Center to include the following; 1. The reconfiguration of the west end ofthe mall including an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat theater; 2. An approximate 13,200 sq. ft. addition to the north en�ance to the mall for two restaurant sites; 3. An approximate 13,000 sq. ft. addition for general retail use and revised mall entry way along the southerly side of the complex adjacent to Dayton's; 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes Avenue North, northerly of the 56th Avenue entrance to the Brookdale Center; 5. Conceptual approval, subject to further Planning Commission and City Council review and approval, of four additional freestand.i.ng restaurant and/or retail buildings to be located around the perimeter of the shopping center; and WHEREAS, the Planning Commission held a duly called public heazing on February 25, 1999, when a staff report and public testimony regarding the rezoni.ng and site and building plan were received; and WI�REAS, the Planning Commission recommended approval of Application No. 99001 by adopti.n; Planning Commission Resolution No. 99-02 on February 25, 1999; and RESOLUTION NO. 99-37 V�iEREAS, the City Council considered Applicadon No. 99001 at its March 8, 1999 meeti.ng; and WHEREAS, the City Council considered the rezoning and site and building pian request in light of all testimony received, the guideli.nes for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Un.it Development ordinance contained in Section 35-355, the City's Comprehensive Plan a.nd the Plamning Commission's recommendation. NOW, TI�REFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 99001 submitted by Talisman Brookdale, LLC in light of the following considerations: 1. The rezoni.ng and Planned Unit Development proposal are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance and will allow for the redevelopment and rejuvenation of the Brookdale Regional Mall which is a unique development withi.n the City of Brooklyn Center and whose viability is considered to be vital to the stabilization of other commercial properties within the community. 2. The rezoning and Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compahble 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 rezoni.ng and Planned Unit Development proposal will conform with city ordinance standards for the most part with the exception of the following allowed variations from the zoni.ng ordinance which are considered reasonable standards to apply to this proposal: Allow 5 ft. rather than 15 ft. greeenstiips at certain locations where an appropriate 3 to 3 lf� ft. hi?h decorative masonry wall shall be i.nstalled to offset negative effects (this standard has been allowed in other areas within the city). RESOLUTTON NO. 99-37 Allow a 35 ft., or non-major thoroughfare setback for certai.n out building locations based on variances that have been allowed for other commercial buildings along major thoroughfares and seem appropriate in this location as well. Allow a 4.5 parking spaces per 1,000 sq. ft. of gross leasable area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area required based on the shared parking analysis provided and on Urban Land Institute Methodology indicating a maximum of 5,133 pazking spaces as being needed for the Brookdale Mall given the mix of uses and square footages proposed in order to meet the maximum weekday and weekend hourly demand, which is also in keeping with at least two major regional malls in the area. Allow the 60 ft. wide parking di.mension standard for 9Q degree pazking rather than the 63 ft. required separation based on the fact that Brookdale has previously been allowed to have the 60 ft. parlan� standard and it appears that it would work in this situation. Allow two freestanding signs up to 320 sq. ft. in area along T. H. lOD based on the uniqueness of the size, diversity of uses and sianificance of Brookdale Mall. Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional pazking at Brookdale tiased on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. 4.� The rezoning and Planned Unit Development proposal are considered compatible with the City's Comprehensive Plan for this area of the city. 5. The rezoning and Planned Unit Development appear to be a good utilization of the properry under consideration and the redevelopment and rejuvenation of Brookdale Regional Mall are an important long range use for the e.�cisting property and are considered to be an asset to the communiry. RESOLUTION NO 99-37 6. In light of the above consideradons, it is believed that the guidelines for evaluating rezonings �contained in Section 35-208 of the Ciry's Zoning Ordinance are met and t,hat the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 99001 be subject to the follawina conditions and considerations: 1. The building plans are subject to review and approvai by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, draina;e and utiliry plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporti.no financial guarantee in an amount to be determ.ined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment,shall be appropriately screened from view. 5. The buildings and building additions are to be equipped with an automatic fire extinguishi.ng system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the Ciry Ordinances. 6. An underground irrigation system shall be installed in all new landscaped areas to facilitate site mai.ntenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances with the exception of allowing two freestandin; signs up to 320 sq. ft. in area along T. H. 100. 8. Plan approval aclaiowled;es a proof of parking for the Brookdale Shopping Center based on providing �,700 parking spaces on site. I RESOLUTION NO. 99-37 The applicants are allowed to retain the existi.ng parking configuration except where required modifications are to be made based on building expansions or additions. New parki.ng lot construction or reconfiguration shall require concrete parking delineators as approved by the City Engineer. 9. The applicant shail submit as built surveys of the property, improvements I and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter in an easement agreement for maintenance and inspection of utiliry and stoim drainage systems as approved by the City En�ineer prior to the issuance of perm.its. 11. All work performed and materials used for construcrion of utilities shall conform to the Ciry of Brooklyn Center's standard specifications and details. 12. Approval of the application is subject to the review and approval of the Shingle Creek Watershed Management Commission with respect to storm draina;e systems. Effective compensating storage shall be approved prior to the construction and fillin, for the proposed building No. 5 on the site plan. 13. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attomey prior to the issuance of building permits. Said .agreement shall acl�owledge the various modifications to city ordinances and the rationale for allowing such deviations by the City Council and the condidons of approval to assure compliance with the approved development plans. 14. Plan approval is granted for the Applebee's Restaurant building as presented (Building No. 2 on the site plan). 15. Conceptual approval only is granted for three other out buildings shown on the site pla.n as Building No: 3, Buildin, No. 4 and Buildino No. 5. Plannina Commission review and City Council approval in the form of a Planned Unit Develo me p nt amendment shall be obtained rior to the P issuance of buildin emuts for these buildin�s g P a• RESOLUTION NO. 99-37 16. The costs for tr�c signals at the SSth Avenue and 56th Avenue intersections with Xerxes Avenue shall be the responsibility of the applicant. 17. The plans shall be modified to show: a. A 3 f[. to 3 'fi ft. high decorative masonry wall in locations other than alon, T. H. 100 where greenstrips are less than 15 ft. b. The elimination of the access from L�e perimeter road to the parking tot east of Building No. 3. c. The location of the Shingle Creek Regional Corridor Trail through the Brookdale pazking lot. d. The removal of Building No. 1 which is not part of the conceptual approval granted at this time. 18. Applica.nt shall enter into a development agreement, in a form approved by the City Manager and the City Attorney, that assures that adequate provision will be made to accommodate public mass transit circulating throu�h the pazking lot of the center and to allow for passengers to be dropped off and picked up at the center. The applicant shall not be required to provide space or accommodations for mass transit vehicles parking, stacking, or laying over; for parking of privately owned vehicles of mass transit patrons; or for the transfer of passen�ers between mass transit vehicles. March 8. ]_999 Date Maya� ATTEST: A�`/I �(1n�U�. City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Ed Nelson and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness; Kay Lasman, F� Nelson, and Robert Peppe; and the followin; voted against the same: none, .whereupon said resolution was declared duly passed and adopted. T ��J�� J'�.3 $�A�t�l�� M DECLARATIU3�T OF COV�NANT5 a AND RESTRiCT'IONS A T�iLS DECLARATI�N made this c�ay of ��s�Jt.� I999, by Tatisman G� J Brookdale?`LLC,. a Delaware limited liability campany (izereinafter r�ferred to as t�ie "Declara.ut"�; VV;HEREAS, Declarant is ths owner vf th.e resl property described on Attachtnent One (hereiriafter the "Declaran�'s Propert3��; and W'FiEREAS, Aeclarant's Fropeity is adjacent to certain other properties descnbed on Attachment Two (hereinafter the pmperties described on Attachments One and Two are cotlectively referred to as the "Subject Properkies"); and W'HEREAS, the Subject Properties are svbject to certain zvtzing and laud use restrictions isnposed by the city of Brooklyn C�nter, Minnesota ("City") irz connection with the re�r,onin.g of t�ie Subject Properties from ttxe zoning classificatioa C 2(Commerce) to PUD/C-2 as providect in City ResolutiQn Na 99-3'7 adopted on March 8, 1949; snd VVHERBAS, the City has appraved sach rezonin� on the basis of the deteamsnation of the City Council of the City r�at such rezoriing is acceptable only by reason of tbe detaiis af t�ie development proposed and the unique land use characteristics of the proposed use of the Subject Properrlies; and that but for the details of ihe development proposed and tt�e unicNe laztd use chazacteristics o£ such proposed use, the rezaning would n�t have been approved; and WHEREAS, as a condition of approva! of the rezoning, the City has required the execution and filing of this DeclaraEion af Co�venas3ts, Conditions and Restrictions (hereinafter ihe "Declaration"}; and i CJ..L-16S416 1 SR291-188 V� �r( 3��.j� �3 �U� 3 �Q, L QF�ICE 0� TH� REGISTRAa ��p �i�AlNEPtN CpU C�'RTl�'1�D�l.�D p� ,lAN 0 8 2QQ3 �j D�P�tY 5 4 e; i� v; �i DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this �da,y of _(�Cr r�� 1999, by Talisman Brookdale, LLC, a Delaware limited liability company (hereinafter referred to as the "Declazant"); WHEREAS, Declarant is the owner of the real property described on Attachment One (hereinafter the "Declarant's Property"); and WHEREAS, Declarant's Property is adjacent to certain other properties described on Attachment Two (hereinafter the properties described on Attachments One and Two are collectively referred to as the "Subject Properties"); and WHEREAS, the Subject Properties are subject to certain zoning and land use restrictions imposed by the city of Brooklyn Center, Minnesota ("City") in connection with the rezoning of the Subject Properties from the zoning classification C-2 (Commerce) to PUD/C-2 as provided in City Resolution No. 99-37 adopted on March 8, 1999; and WHEREAS, the City has approved such rezoning on the basis of the determination of the City Council of the City that such rezoning is acceptable only by reason of the details of the development proposed and the unique land use chazacteristics of the proposed use of the Subject Properties; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the rezoning would not have been approved; and WI-�REAS, as a condition of approval of the rezoning, the _City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration"); and CLL-169416 1 BR291-188 WHEREAS, to secure the benefits and advantages of such rezoning, Declarants desire to subject the Declarant's Property to the terms hereof. NOW, TI�REFORE, the Declarants declare that the Declarant's Property are, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Properties shall conform to the following, the large scale originals of which are on file with the Community Development Department of the City: A. Site Survey attached as Attachment Three (Plan Sheet a0.1) B. General Site Plan attached as Attachment Four (Plan Sheet al.l) C. Existing First Level Plan attached as Attachment Five (Plan Sheet a2.0e) D. First Level Proposed Lease Plan attached as Attachment Six (Plan Sheet a2.0) E. Second Level Overall Floor Plan attached as Attachment Seven (Plan Sheet a2.1) F. Exterior Elevations attached as Attachment Eight (Plan Sheet a3.1) G. Exterior Images attached as Attachment Nine (Plan Sheet a3.2) H. Grading and Drainage Plans attached as Attachment Ten (Plan Sheets C1.1 through C 1.4) I. Utility Plans attached as Attachment Eleven (Plan Sheets C1.5 through C1.8) J. Landscape Plan attached as Attachment Twelve (Plan Sheet Ll.l) K. Site Lighting Plan attached as Attachment Thirteen (Plan Sheet Lil.l) L. Applebee's Plan and Elevations attached as Attachment Fourteen (Plan Sheet A-1), all of which Attachments are hereby made a part hereof. No buildings or structures other than those CLIr 169416 2 BR291-188 r shown on Attachments Three through Thirteen may be erected or maintained on the Subject Properties. 2. The approval of the Planned Unit Development authorizes the following variations from the requirements of the City Code applicable to C-2 uses on the Subject Properties: A. The setback from property lines to parking lot pavement (greenstrip) is reduced from 15 feet to 5 feet in certain locations as shown on Attachment Five. B. The setback from public right of way to buildings is reduced from 50 feet to 35 feet in certain locations as shown on Attachment Five. C. The parking space layout between rows of 90" parking spaces is reduced from 63 feet to 60 feet. D. The number of parking spaces required is based on gross leasable area rather than gross floor azea. E. Required parking is reduced from 5.5 spaces per 1000 square feet of gross floor area to 4.5 spaces per 1000 square feet of gross leasable area. F. Two freestanding signs of 320 square feet each are permitted along T.H. 100 rather than one sign of 250 square feet. G. The amount of gross leasable area which may be allowed without requiring a seating count for parking space requirements is increased from 15 percent to 20 percent. 3. Parking and�traffic circulation plans on the Subject Properties may not be altered except as necessary to conform to the site plan (Attachment Four) or authorized by the Brooklyn Center City Council by PUD amendment. The parking and tr�c circulation plan will not be CLL-169416 3 BR291-188 r� modified in any way which has the effect of depriving public mass transit vehicles of reasonable and convenient access through the parking lot at the center and to embark and disembark passengers at the center. The owners of the Subject Properties are not required to provide space or accommodations for mass transit vehicle parking, stacking or laying over, for parking of privately owned vehicles of mass transit patrons or for the transfer of passengers between mass transit vehicles. In the event it is determined in the future by the City Council of the City of Brooklyn Center that the then existing parking on the Subject Properties is not adequa.te, the owners of the Subject Properties sha11 redesign and reconfigure parking areas and construct such additional pazking facilities as are necessary to provide 5700 parking spaces on the Subject Properties according to plans which are subject to City Council approval as PUD amendments. All parking areas shall be divided by concrete pazking dividers approved by the Brooklyn Center City Engineer. 4: Building pads.shown on the site plan (Attachment Four) and designated as Building #2, Building #3, and Building #4 have been given conceptual approval only for development of resta.urant or retail uses of 10,000 square feet, 15,000 square feet and 25,000 square feet respectively. These three sites may not be developed except as approved and provided through PUD amendments and approval by the City Council in which approval the City will be bound by the legal limitations on the exercise of its police power, that such decisions not be arbitrary, capricious or unreasonable. 5. In the following areas where the setback from property lines to parking lots have been reduced from 15 feet to 5 feet as described in paragraph 2 hereof, the setback area shall be improved CLL-169416 4 BR291-188 with a three to three and one-half foot high keystone wa1L• A. Adjacent to the parking lot in the vicinity of the Applebee's store which is identified as Building 1 on Atta.chment Four; and B. Along County Road 10 in the vicinity of the building site identified as Building #2 on Attachment Four. 6. The building pad shown on the site plan (Attachment Four) and designated as Building #4, lies within the 100 year flood plain of the City and accordingly may not be filled or developed without providing approved compensating floodwater storage. 7. The Subject Properties may only be developed and used in accordance with Paragraphs 1 through 6 of these Declarations unless the owner first secures approval by the City Council of an amendment to the planned unit development plan or a rezoning to a zoning classification which permits such other development and use. 8. Except as provided herein, use of the Subject Properties shall conform to the regulations of the City of Brooklyn Center applicable to C-2 (Commerce) District and City Council Resolution No. 99-37 adopted on March 8, 1999. 9. Declarant is the owner in fee of the real property described in Attachment One. Declarant is not the owner of the parcels described on Atta.chment Two; however the Declarant represents and warrants to the City that each of such parcels which it owns, and each of the pazcels of which it is not the owner, are subject to a reciprocal easement agreement or a lease which in each case restricts the building of any improvements on, or the making of any material changes, other than those indicated on a site plan attached to the subject agreement or lease without the consent of CLL-169416 5 BR291-188 Declarant. In a11 cases such atta.ched site plan is entirely consistent with the restrictions contained in the Site Plan attached to this Declaration. Declarant covenants and agrees that it will not modify any of such agreements, or permit their modification, in any way which would violate or be inconsistent with the restrictions and agreements contained within this Declaration without the prior written consent of the City and that Declarant will take such affirmative steps as aze needed to enforce the terms of such agreements to assure that the Declarant's Property is not used or developed except in conformance with the requirements of this Declaration. 10. The obligations and restrictions of this Declaration run with the land of the Declarant's Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council. T'his Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers or representatives of Declarants have hereunto set their hands and seals as of the day and year first above written. TALISMAN BROOKDALE, LLC By: ts SHARON L. KNUTSON NOTARYPUBLIC-MINNESOTA $y; ItS My Ca�mi�ion Expires Jan. 9t, 20� tt STATE OF MINNESOTA CLL-169416 6 BR291-188 SS. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this q�da.y of 1999, b Y d meS i�°Si Aq� the �1� and ��e for and on behalf of Talisman Brookdale, LLC, a Delaware limited liability company. Notary Public CLL-169416v416 BR291-188 CLL-169416 BR291-188 7 ATTACHMENT ONE Tracts A, B, C, and D, Registered Land Survey No. 1469, Files of the Registrar of Titles, Hennepin County, Minnesota. And Tracts A, B, and C, Registered Land Survey No. 1614, Files of the Registrar of Titles, Hennepin County, Minnesota. CLL-169416 g BR291-188 t ATTACHMENT TWO Tracts C and D, Registered Land Survey No. 1469, Files of the Registrar of Titles, Hennepin County, Minnesota. And Tract A, Registered Land Survey No. 936, Files of the Registrar of Titles, Hennepin County, Minnesota. And Tract E, Registered Land Survey No. 1469, Files of the Registrar of Titles, Hennepin County, Minnesota. CLL-169416 9 BR291-188 1 i i i i t �i� !I��I�� I i i �{s i J �ii!�� t f �,�{i I�1 �ls 1 �jt� 5�� i j I a T I !f!!II 1�11li ��sli iti:€ ��ii� 1�#�' 1i�:� .e� l I:. !�I 1 ��t i�� i A i �jt� �;•l.� ;t t �•�t, �l�t� i t� f;�t r ,z I s ,i�, .,i tr s• j��t<<<� ,.f� �l �j� i •i��jit �ii j: �i'Ii 1�� t�� !�f•}�11��{ j`�.� 1 y t t I �t�c�{� Y J ,1 t i(�( i t F� t' r�t�( �f E;�� l��f�l e'F( 2 t i �t !e�•�1�,�{.��t1 i�i1. �.��tt� ��f �it'1•:�t� e� lz;, tl. �1�� ;E�ti�'#`� `�it•��;li�:�:�;�• 4s)t•�;:,.<<��;t�i�..�t�� d �t I �i�� t .1 �cf•� t t't 1 I t 1 �i ,f �i��. ,.►i1. s��}�:�,��t�:��i1«i��{��s�t:�,�f;i�1�:��ril:�.,��;: -��f r,;.fi� e I t e y I •f i ..i.0 I 1j. l�� ..i��i.. J I� I..,, i 1 t' ��t J �i i i� i i i y i i ,y ��``.�4, I ��-��9 V�j„ li �fi� b -r `�";r-�' ri ,lj f E r ��I��;;';;�'inrr� �b I t�� ............:.a �I �w+�-�� y. I4NfWlf;!�,; �'i��`�";;;'� y 4, Y ��ii��r�ii" o n n I M I�u�� 1� !�i I� 11 ,�„H t��u��,,,��:l� o Ff!�f`4�3!°�.:C;�,� q �a;°°�°�;°n� i �1�!� ;O �i;;;�,,,;,�;';;,,;�y i p.,,,,� '1 a l i d 3 l� r ��:l��! g�! �ti i ..�w... j ��i j c: ;ti I I ��:t� 3 Q� r� Y�� 1 ac THE TRAFFIC STUDY COMPANY Traffic Im act Stud p y Brookdale Mall Expansion Brooklyn Center, MN I hereb� ce-�ii� that this repan w�, prr.par�d br• me or unoer m} �iir�ci supervision, an�! that am a duly Licensed Pr��l�ssiunal Lngineer undcr �hc Eati+�s of [lte State nl��4inctesota. R�: J ��?c"�f�-- ti•t;cha� P. Spack. .F.�. l.iccnSr Na. �149;6 L}ate _�.�t C'� 7 1 r..�� TABLE OF CONTENTS 1. Introduction and Summary ........................................................1 2. Proposed Development 2 3. Analysis of Existing Conditions 6 4. Projected Traffic .......................................................................12 5. Traffic and Improvement Analysis 22 6. Conclusions ..............................................................................25 7. Recommendations 25 8. Appendix ...................................................................................26 LIST OF FIGURES Figure2.1 Location Map ..................................................................................3 Figure Site Plan ..........................................................................................4 Figure 2.3 Wal-Mart Supercenter Site Plan ....................................................5 Figure 3.1 Existing Conditions .......................................................................8 Figure 3.2 Existing P.M. Peak Hour TrafFic ....................................................9 Figure 3.3 Existing P.M. Peak Hour Pedestrians .........................................10 Figure 3.4 Existing Daily Traffic......, .............................................................11 Figure 4.1 Trip Distribution ...........................................................................15 Figure 4.2 P.M. Peak Hour Volumes Due to Development ..........................16 Figure 4.3 Daily Volumes Due to Development ...........................................17 Figure 4.4 2009 No-Build P.M. Peak Hour Volumes ....................................18 Figure 4.5 2009 No-Build Daily Volumes ......................................................19 Figure 4.6 2009 Build P.M. Peak Hour Volumes ..........................................20 Figure 4.7 2009 Build Daily Volumes ............................................................21 LIST OF TABLES Table 3.1 Existing Level of Service (LOS) ......................................................7 Table 4.1 Trip Generation ..............................................................................14 Table 5.1 2009 No-Build Level of Service (LOS) .........................................:22 Table 5.2 2009 Build Level of Service (LOS) ................................................23 Table 5.3 Co Rd 10/Northway Dr Warrant Analyses ....................................24 Brookdale Mall Expansion i Brooklyn Center, MN Traffic Impact Study July 2007 1. Introduction and Summary a. Purpose of Report and Study Objectives Brooks Mall Properties, LLC, is proposing construction of a 176,000 square feet Supercenter and 150,000 square feet of Commercial/Retail space to be located within the existing Brookdale Mall site. The purpose of this report is to determine if completion of these projects will signi�cantly impact the adjacent transportation system. The study objectives are: i. To determine how the intersections along the County Road 10 and Xerxes Avenue corridors operate today and how they will operate with the addition of development traffic. ii. To determine the traffic impacts of closing the southern leg of the County Road 10/Northway Drive intersection. iii. To determine how the Mall's ring road will operate with the proposed parking lot configuration. iv. Recommend improvements if needed. b. Executive Summary Brooks Mall Properties, LLC, is proposing retail expansion within the existing Brookdale Mall site including a 176,000 square feet Supercenter and 150,000 square feet of Commercial/Retail space. Proposed completion date of the expansion is 2008. City staff has requested that a traffic study be completed to determine the traffic impacts of the new construction on the adjacent roadways. The intersections studied are: Xerxes Ave N& 55 Avenue North Xerxes Ave N 8� 56 Avenue North Xerxes Ave N& County Road 10 (57 Avenue North) County Road 10 (57 Avenue North) Northway Drive County Road 10 (57 Avenue North) Shingle Creek Parkway Brookdale Ring Road Brookdale Mall Entrance Brookdale Ring Road Kohl's Entrance The principal findings of this study are, if the expansion is completed: i. All of the study intersections will operate acceptably at Level of Service D or better during the P.M. peak hour with the proposed expansion. ii. The proposed site alterations will not negatively impact the three access points; the County Road 10/Shingle Creek Brookdale Mall Ezpansion 1 Brooklyn Center, MN Traffzc Impact Study July 1007 Parkway, Xerxes Avenue/56 Avenue, and Xerxes Avenue/55 Avenue intersections. iii. The traffic signal at the County Road 10/Northway Drive intersection should remain in operation after the south leg of the intersection is closed as part of the expansion plan. iv. When the south leg of the County Road 10/Northway Drive intersection is closed, the eastbound right turn lane, southbound through lane, and westbound left turn lane at the intersection should be closed. No mitigation measures are necessary to accommodate the traffic changes that will occur with the Brookdale expansion. To provide optimal traffic operations along the County Road 10 corridor, it is recommended that the signal timing at the intersections near Brookdale be adjusted to account for the change at the County Road 10/Northway Drive intersection and the altered traffic patterns. This should be done based on traffic counts collected after the Brookdale expansion is fully implemented. 2. Proposed Development a. Site Location The proposed expansion site is located within the existing Brookdale Mall site, east of Xerxes Ave, south of County Road 10 and west of Shingle Creek Parkway, in Brooklyn Center, MN. See Figure 2.1 for a location map. b. Land Use and lnfensity The proposed mall expansion will add 150,000 square feet of Commercial/Retail space configured in four separate buildings plus a 176,000 square feet Supercenter. c. Concepf Plan See Figure 2.2 for the proposed concept site plan. The expansion plan is to build a Supercenter on the north side of the mall, infll the southern side of the mall, and build on outlots on the east side of the mall. The concept plan includes closing the southern leg of the County Road 10/Northway Drive, reconstructing the access south of the County Road 10/Shingle Creek Parkway intersection and breaking up the ring road. Phase I of the project will consist of building the Supercenter, as shown in Figure 2.3. d. Development Phasing and Timing This study assumes full occupancy of all new facilities by the end of 2008. Brookdale Mall Expansion 2 Brooklyn Center, MN Traffic Impact Study July 2007 ac Figure 2.1 �HE TRAFFiC STUDY COMPANY Location Maps Brookdale Expansion Nortn Brooklyn Center, MN No Scale o I S A N T 1 ....G... CHLS�,GO s �t Frer�ds' LOks 1�Y: 4 E6 J �OiiM Oak OroJe P O Rb'x i. •,•.R r A N O Ax Lal� L p�� 11em Lake w I G H T a '1' o R a St.Miehee�' t' �t t 10 14 O»eka Lahe StY Pratl�� M 1�.N� N E S T A «;t Nsw� ..4 i set RkYrnar G�.... adi 1 W,4SFiP1(3TON. i W 1- :>�--,,,,KS, s,' IMw ater H E E P I i.. 1� �q .100 �Ltla a�� MlMeklstaz� S 9t. eciui "1: �t ��Y 18 1 �/aCOr� �,��A t v E R' `n cs l` q� J Rfee 1� t� -p000000�� 62 s'� 42 66 P I E R o `•3�� Y�Mp T t� .....r.,:. B I D A K T A i i ::y.� FIObnO I ....i S O� I' Qp Tr s'� PIlY1! L I N nr�-.- aeavw,y Study Area 1 i f `l �rq,� tt m ii 'i I I I i �i i: +M�F-��n-� 1 i �I� �'I �1, f�. S'�� ____il I 1 I I 11.Y r. i i ��A �i: i�l� ,vo,<r.�k rrT 1 i i r 1 �J iM1' J 'r� i,'.. rx C 7 1 1 i_� 9 �i I i ra-�K c«rawoo� c�on ca;�e r� i i j yk' y�� r t I I I Il I �Brookdale Mall Site i �i .�'t��" Added Uses: I�� I I re e a -176,000 SF Supercenter i I I -150,000 SF Commerciai/Retail r ac IC STUDY COMPANY Figure 2 �f� ME TRAFf Site Plan North Brookdale Expansion No Scale Brooklyn Center, MN �Il��i� T g i i ji�, J 2 o 3 iil ��F11 I l�� 1 �r f�i. R�r �y d l Commercial/RetaillnFill i ��r�//` ��f�� 1 �::i:ai's'se;�� 6 �j��w j e��e 7 ��!,E� t�ir!l1�3f�1�� ill .��j �I I I7 J (�N� %l� i �,r�� i °,�x�x+° j' a i 1 ��j o 1 �J: `*'�il.;��" i M�� a. f�IIHNNNHNININHHWNp r S' ��HHHHt.Q'11HNNiHHHNNNHffHIQ 1 O ;::1 k= ��+�wa �a c� .q r� �+x��w `k �HiNMH41p i, Pro osed 1 p �y. 1 Super- i Walmart Site Plan prepared for Brooks Mall Properties by Architectural Alliance ac Figure 2.3 THE TRAFFIG STUDY COMPANY WaiMart Site Plan Nortn Brookdale Expansion No Scale Brooklyn Center, MN �v� j I 4 �li E i i i I r Q 2 d ��•i��1� T I y w I I- iN I I l M i J� z a �,I W�� I :i i I a i y 1 �'�i i+ i i ��i p�� i i H t I 1 r i i Z i i ��3 t �1 I I Q t .�•c7. a I �v�rn+ewl�r i f I r`�'"� *gb i `x� I I I I �A i y° ti E� 4 R �1 I. I I I tl r. I I I f i ��0� ;,v E i .�vr ��rsa� 1 r±, �r f M I! YN l ��i�il�li i, I a i I I di II Site Plan prepared for WalMart Stores Inc. by Hansen Thorp Pellinen Olson, Inc. I 3. Analysis of Existing Conditions a. Physical Characteristics Brookdale Mall currently has access via the following intersections: Xerxes Ave N& 55 Avenue North Xerxes Ave N& 56 Avenue North County Road 10 Northway Drive County Road 10 Shingle Creek Parkway 57 Avenue North is designated as Hennepin County State Aid Highway 10 near Brookdale. County Road 10 is a four lane, divided (concrete median) roadway with a 35 mph speed limit. Turn lanes and traffic signals are provided at each intersection along the corridor near Brookdale. Xerxes Avenue is a local city street with a 30 mph speed limit and is a four lane undivided roadway near Brookdale. Existing traffic control, speed limits, and travel lanes are shown on Figure 3.1 for each study intersection. No roadway or traffic control improvements are programmed near Brookdale. Metro Transit serves the area with bus service via its transit hub on the northwestern quadrant of County Road 10 and Northway Drive. There are no transit stops within the Brookdale Mall site. b. Traffic and Pedestrian Volumes The P.M. peak hour turning movement counts were conducted in 2007 at the study intersections. Figure 3.2 shows the peak hour vehicle turning movement volumes and Figure 3.3 shows the peak hour pedestrian volumes at each of the study intersections. The turning movement count and pedestrian data is contained in fifteen minute intervals in the Appendix. The daily traffic volumes for the area roadways are shown on Figure 3.4. All of the study intersections are controlled with all-way stop signs or traffic signals with pedestrian indications. The study intersections are well controlled to provide pedestrian safety. c. Level of Service An intersection capacity analysis was conducted for the existing intersections per the Transportation Research Board's Highway Capacity Manual. Intersections are assigned a"Level of Service" letter grade for the peak hour of traffic based on the number of lanes at the intersection, traffic volumes, and traffic control. Level of Service A(LOS A) represents light traffic flow (free flow Brookdale Mall Expansion 6 Brooklyn Center, MN Traffic Impact Study July 2007 r conditions) while Level of Service F(LOS F) represents heavy traffic flow (over capacity conditions). LOS D is considered acceptable in urban conditions. The LOS results for the 2007 study hours are shown in Table 3.1. These are based on the existing traffic control and lane configurations as shown in Figure 3.1. The existing turning movement volumes from Figure 3.2 were used in the LOS calculations. The existing signal timing at the County Road 10 study intersections, as provided by Hennepin County staff, was used in calculating the LOS for the intersection. The LOS calculations were done using SYNCHRO software. Table 3.1 Existing Level of Service (LOS) 4- Xerxes Ave N 8� 55 Ave N B Xerxes Ave N& 56 Ave N I B Xerxes Ave N& CR 10 I C CR 10 Northway Dr A CR 10 Shinqle Creek Parkway I C Ring Road Macy's Driveway A Rinq Road Kohls' Driveway q All of the study intersections operate acceptably at LOS C or better during the normal weekday P.M. peak hour. d. Data Sources The sources for the data sited above are: Turning movement counts Traffic Data Inc. Roadway geometrics and traffic control Spack Consulting Concept plans Architectural Alliance and HTPO Daily traffic volumes Mn/DOT traffic flow maps Signal timing for study intersections Hennepin County Brookdale Mall Expansion 7 Brooklyn Center, MN Traffic Impact Study July 2007 ac T HE TRAFF�C STUDY COMPANY 3 �Z Existing Lanes Traffic Control Brookdale Expansion North Brooklyn Center, MN No Scale m 0. a YJ Z a C X E 3 dE t a�u�, L o m P x Z 35 m h r r r 57th Ave Co Rd 10 I"' 35 mph �l i ��r��ti�� t'�� 7 i 56th ve N '1 30 mph i y ,•1 i i i Brookdale Center 1 Ring Road i 55th Ave N 30 mph �i 1 Kohl's Entrance GENERAL PARKING i ac THE TRAPFIC STUDY COMPANY i�ure 3 �f� Existing PM Peak Hour Traffic Volumes Brookdale Expansion North Brooklyn Center, MN No Scale o L36 L„3 N L52 686 tO M v r 475 j��160 ��45 �103 ,SOJ �tr ,s.r �tr► 39z1��tr► 570 a n T 770 �°f 563 �n n� 35 43 22 i y Z m m X Q t �.�c t M O tA N t. 5o CR 10 57th Ave N v a �n 95 j 39 s� J '1 f'� 77 N N 7� N 1 56th Ave N L 31 Brookdale Center L53 Ring Road a ,s�.r�� t r� 81�� 1 r► 15o y N; 55th Ave o y N 12 ao 0 �o 1 35 J �'1 o ao 5 i r ac F TRAFfIC STUOY COMPANY E.., V _ic�ure Existing PM Peak Hour Pedestrian Volumes Brookdale Expansion North Brooklyn Center, MN No Scale mz T d d o1 Y X Q p t d V 12 1 e 10 CR 10 57th Ave N o 3 56th Ave N erookdale Kohl's Parking 0 Parking s Lot Lot i 11 i Brookdale Center Ring Road 3 7 55th Ave N 5 i i�� LEGEND Number of pedestrians crossing that leg of the intersection during the peak hour ac THE TRAFFIC STUDY COMPANY �r Fi ure 3 Existing Daily Traffic Volumes Brookdale Expansion North Brooklyn Center, MN No Scale �d ��o Xa c Y t vi 2 13.300 CR 10 57th Ave N 20.200 15.500 I� o i i 7' 56t Ave N 6.500 i i Brookdale Center Ring Road i i 55th Ave N o �o ri LEGEND 2005 Average Annual Daily Traffic Volumes source: Mn/DOT Traffic Flow Maps i 4. Projected Traffic a. Site Traffic Forecasting A trip generation analysis was performed for the site based on the methods and rates published in the ITE Trip Generation Manual, 7� Edition. The P.M. peak hour trip generation is for the "one hour of adjacent street traffic," from 4-6 P.M. The resultant trip generation is shown in Tab�e 4.1. To be conservative, no trip reductions were taken for transit users. Some of the customers who will visit Brookdale are currently using area roadways. Based on data contained in ITE's Trip Generation Handbook, 2" Edition, 25% of the trips generated by each store are assumed to be diverted from the current traffic volumes on nearby roadways into the development. These are labeled pass-by trips in Table 4.1. Some of the customers who will visit the expansion stores will visit other businesses within the Brookdale site. Based on data contained in ITE's Trip Generation Handbook, 2" Edition, 15% of the trips generated by each store are assumed to visit more than one store within the site. These are labeled internal trips in Table 4.1. The directional orientation of the generated traffic is shown in Figure 4.1. This orientation is based on a weighted distribution of the traffic volumes currently using area roadways. The daily and P.M. peak hour trips generated by the site were assigned to the area roadways per the #rip distributions shown in Figure 4.1. The traffic volumes added to the study roadways through this process are shown in Figures 4.2 and 4.3. b. Non-site Traffic Forecasting Traffic forecasts were developed for the year 2009 No-Build scenario. Based on historical growth rates on the area roadways, a 2% annual growth rate was applied to the existing traffic volume data to develop the No-Build forecasts shown in Figures 4.4 and 4.5. c. Total Traffic for 2009 Traffic forecasts were developed for the year 2009 Build scenario by adding the traffic generated by the proposed projects, as shown in Figures 4.2 and 4.3, to the No-Build volumes shown in Figures 4.4 and 4.5. Additionally, the traffic volumes that would use the Brookdale Mall Expansion 12 Brooklyn Center, MN Traffic Impact Study July 2007 southern leg of the County Road 10/Northway Drive intersection were re-routed to account for the proposed ciosure. The resultant 2009 Build traffic forecasts are shown in Figures 4.6 and 4.7. Brookdale Mall Expansion 13 Brooklyn Center, MN Traffic Impact Study July 1007 ac TME TRAffIG STUDY COMMNY a ble 4.1 Forecast Trip Generation Brookdale Expansion Brooklyn Center, MN Daily Volumes LAND USE ITE DEVELOPMENT qUANTITY DAILY INTERNAL PASS-BY NEW DAILY CODE UNITS (GFA) RqTE TRIPS PERCENT TRIPS PERCENT TRIPS ENTER EXIT TRIPS 'Free Standing Discount Superetore 813 1,000 GFA i 176.00 I 4921 I 8,661 I 15% I 1,299 25% I 2,165 i 2,598 I 2,598 I 5,197 CommerclallRetail Shopping Center I 820 I 1,000 GFA I 150.00 42.94 I 6,441 I 15% I 966 I 25% 1,610 1,932 I 1,932 I 3,865 TOTAL I 1,000 GFA I I 15,102 f I 2,265 I 3,775 4,531 I 4,531 I 9,067 PM Peak Hour LAPID USE ITE DEVELOPMENT qUANTITY PM I ENTER I EXIT I INTERNAL I INTERNAL I PASS-BY TRIPS NEW TRIPS I CODE UNITS RATE I PERCENT I PERCENT PERCENT I TRIPS I PERCENT I ENTER I EXIT I ENTER I EXIT FreeStandingDlscountSuperotore 813 1,OOOGFA 176.00 3.87 I 49% I 5�o� I �5� I ��2 I 25� �p 7Z I 211 I 223 CommerclaURetall Shopping Center 820 I 1,000 GFA I 150.00 3.75 48% I 52% 15°k 84 25% 60 60 I 170 189 TOTAL I 1,000 GFA I I I I 187 132 132 I 381 I 412 NOTES: 1. GFA Gross Floor Atea 2. All trip generedon rates based on 'Trip Generedon`, Ins6tute of TransportaGon Engineers, 7th Editlon 3. All intemel and pass-by rates based on "Trip Generation Handbook", Instltute of Transportafion Engineers, 2nd Edition ac TME•RAfFIC $TUDY GOMPANY Figure 4 Trip Distribution Brookdale Expansion Brooklyn Center, MN North No Scale I I r 152 I r �u fi ��r� Q I r i V l.' l.1 r, �I 1 r�,�� :�f 3% J r 1 f�:',, �_a 1� �y rr 2 r' L 33% f r S' f f Brookt�n 10 ,i: 5 i I I t��' I 1 a- r 57 Yp y I r ��ti4_��' f i� y 9 1 I I S5,5 :�'�`t r ��ao ��'I I No�ttiport t a�k Brookdale Mall ,,s r� x.� i'' I' f�� r, I� I e 1't) ti u� �r� 1 .yc� 4� A°n Sr I i t'. C ti� I �5 S� ��+�:1 r G= r i �l y I �'i i y, 5't y I r S �5 Y i A� I�.�-yyJ Ij ti 1 ti�'�� 4'� y i r,. G:.� C �erbrtiok F°� �l1f� I 5 1 5 i f 1! a-. "�"i i p j ti Golf x y 1 +o` .9��8 I 1 1 I I I �4 f t''im� r 1 ��,�c� rl b LT r..�i r ',Y II 26°/ o F 0 1 s f 10 ��r r� J r ��b� f '1I �Fy1'}n j 5/0 1t ac Y iHE•RAFFIC STUDY COMPANY igure 4 �i� PM Peak Hour Traffic Volume Due to Development Brookdale Expansion North Brooklyn Center, MN No Scale Lo L,o o Lo 0 0 0 �-zo o �-zo o a �-ao 1 �►�r j oJ t r► os os t r so�► ^oo zo�► -,o� ao .i ao z d o m X a C L,3o y m 0 o a 3o Z CR 10 58th Ave N V 1 �►�r 90 o J �'1 f so �r o 56th Ave N i i i Lo v o 40 Brookdale Center T� 30 Ring Road o 0 «�l�►�r ,�1�,, r t r► �o J „o J «1 1 f'� 70� �y o 0 0 55th Ave 0�► o' o I ac Figure 4.3 THE TRAifIC STUDY COMFANY Dail Traffic Volume Due to Deve Y lopment Brookdale Expansion North Brooklyn Center, MN No Scale �m 3 d,.,, x a r� o z u m c.� 1.$00 CR 10 57th Ave N 700 3.000 °o a i� S6t Ave N 700 i i Brookdale Center Ring Road 55th Ave N o o 1 ac THE'RAFFIC STUDY�COMPANY igure 4 ��r��.��. ��'��i"__" 2009 PM Peak Hour No-Build Traffic Volumes /r Brookdale Expansion North Brooklyn Center, MN No Scale o L ao o L, ao o L so r 550 1 O 710 i° 520 r �o j r 50 1 r „o ,sos �tr 201 titr► 4,01 �,tr 590 �y a� 780 �y o 0 0 590 y o 0 0 40 40 2p r i T m L G C p fL m N N o 100 CR 10 57th Ave N V r 4° suJ '1�f'' BO M N M 70+ a 56th Ave N i L so o 90 Brookdale Cente o o o 1. so Ring Road 4 r o 1 U C� ,7o J '1 t ,o J '1 t �s� N 55th Ave p ■y o �o 0 i 0 o i i 401�� t O N �0 ac THE•RAFfIC STUOY COMPANY igu re 4 2009 Daily No-Build Traffic Volumes Brookdale Expansion North Brooklyn Center, MN No Scale ��o X a t'` N b :c m v Z y m V I 13,800 CR 10 57th Ave N 21,000 16.100 i� �i aNO^ i i i 56t Ave N 6.800 �i i i Brookdale Center Ring Road i 55th Ave N o i r. eh ac THE•RAFFIC STUDY COMPANY igure 4 �V 2009 PM a,k.. Pe�� Hour Build Traffic Volume Forecast Brookdale Expansion North Brooklyn Center, MN No Scale o L ao o L zoo t so 0 r soo �oo aso j ,soJ �tr 201 4,01 �tr► 570 o 800 500 160+ 70� i� m m o u m o L 1so Z CR 10 58th Ave N v �n N 130 1 j .,3o eo J �1 f'r �SO M N O 7� N v 56th Ave N i i o N o t' 30 Brookdale Center o 60 9 Ring Road o 1 1 zao J��'1 1� zso J��'1 f 210 N P v 55th Ave p y o� o 10 i ac i THE TRAFFIC STUDY COMPANY F i�ure 4 2009 Daily Build Traffic Volume Forecast Brookdale Expansion North Brooklyn Center, MN No Scale y Z X Q 3 o ,t�, C Y Of Z V I 15.600 CR 10 57th Ave N 21,700 19,100 i o S6t Ave N 7,500 i i i Brookdale Center Ring Road 55th Ave N o �o i��• 5. Traffic and Improvement Analysis I a. Sife Access Access to the site is shown on the concept plans in Figures 2.1 and 2.2. The plan will close the southern leg of the County Road 10/Northway Drive intersection and reconfigure the parking lot on the north side of the mall. The site will retain access via the County Road 10/Shingle Creek Parkway, Xerxes Avenue/56 Avenue, and Xerxes Avenue/55 Avenue intersections. The first access into the Brookdale Mall parking lot south of the County Road 10/Shingle Creek Parkway intersection will be closed and the access at the current Kohls' Driveway will be improved. The expansion plan effectively eliminates the existing ring road that circles Brookdale. Eliminating the ring road will slow vehicles speeds within the mall property, but will not negatively impact the operations of the three public intersection access points to the mall. b. Level of Service Analysis The LOS results for the No-Build scenario study hours are shown in Table 5.1. These are based on the existing traffic control and lane configurations as shown in Figure 3.1. The forecast turning movement volumes from Figure 4.4 were used in the LOS calculations. The existing signal timing at the County Road 10 study intersections, as provided by Hennepin County staff, was used in catculating the LOS for the intersection. The LOS calculations were done using SYNCHRO software. Table 5.1 2009 No-Build Level of Service (LOS) Xerxes Ave N& 55 Ave N B Xerxes Ave N& 56"' Ave N B Xerxes Ave N& CR 10 I C CR 10 8� Northway Dr B CR 10 Shingle Creek Parkway D Rinq Road Macy's Driveway A Rinq Road Kohls' Driveway A All of the study intersections will continue to aperate acceptably at LOS D or better in the 2009 P.M. peak hour in the No-Build Scenario. The LOS results for the Build scenario study hours are shown in Table 5.2. These are based on the existing traffic control and lane configurations as shown in Figure 3.1, except for the Ring RoadlKohls' Driveway and Ring Road/Macy's Driveway Brookdale Mall Expansion 22 Brooklyn Center, MN Traffic Impact Study July 2007 intersections. The Ring Road/Macy's Driveway intersection will be closed as part of the project and the Ring Road/Kohls' Driveway intersection will be improved to consist of: Eastbound and Westbound stop sign control. The eastbound approach will have one exclusive left turn lane and one shared through/right lane. The northbound approach will have one shared left/through/right lane. The westbound approach will have one shared left/through/right lane. The southbound approach will have one exclusive left turn lane, one through lane, and one exclusive right turn lane. The forecast turning movement volumes from Figure 4.6 were used in the LOS calculations. The existing signal timing at the County Road 10 study intersections, as provided by Hennepin County staff, was used in calculating the LOS for the intersection. The LOS calculations were done using SYNCHRO software. Table 5.2 2009 Build Level of Service (LOS) �:.s.�. Xerxes Ave N& 55 Ave N C Xerxes Ave N& 56 Ave N I C Xerxes Ave N& CR 10 I B CR 10 Northway Dr (as tee intersection) I A CR 10 Shinqle Creek Parkway I D Rinq Road 8� Kohls' Driveway (expanded) I A All of the study intersections will continue to operate acceptably at LOS D or better in the 2009 P.M. peak hour in the Build Scenario. Figures 4.5 and 4.7 show the daily volumes anticipated on the roadways around Brookdale. Based on calculations from the Transportation Research Board's Highway Capacity Manual, a four lane divided roadway such as County Road 10 will operate at LOS D if the road carries 25,000 to 35,000 vehicles per day. A four lane undivided roadway such as Xerxes Avenue will operate at LOS D if the road carries 15,000 to 20,000 vehicles per day. All of the roadways operate at LOS D or better in all scenarios. c. Traffic Control Needs The proposed development plan includes closing the southern leg of the County Road 10/Northway Drive intersection. The intersection is currently controlled with a traffic signal and operates with tow levels of delay. To determine if the traffic signal should stay or be removed as part of the proposed development, a warrant Brookdale Mall Expansion 23 Brooklyn Center, MN Traffic Impacf Study July 2007 analysis was conducted for the intersection per the Minnesota Manual on Uniform Traffic Contro/ Devices. The existing thirteen hour turning movement counts, included in the Appendix, were used in the analysis. The existing intersection lane configuration, minus the movements associated with the southern leg, were also used in the analysis. The results of the warrant analyses are shown in Table 5.3. Table 5.3 Co Rd 10/Northway Dr Warrant Analyses i i i r y, -i'ir �r �.'�j.'��ii ,�a��,.'.. 5 �L e�� a��.�� °QL� �n ,e ��t��!Q��`r�� i� j r �ur� R,ea o4u��,,.,� 2007 Volumes Movements associated Met Met Met with southern leg removed 2007 Volumes Movements associated with southern leg Not Met Not Met Not Met removed southbound right removed 2007 Volumes Thresholds set at 60%, Movements associated Met Met Met with southern leg removed southbound riqht removed If all of the southbound traffic volumes are used in the warrant analysis, the intersection will meet the warrants for signal installation after the southern leg is closed. If the right turns are removed from the analysis because they have a dedicated free flow lane, the intersection will not meet the warrants for signal installation after the southern leg is closed. Falling below 60% of the warrants was the historical criteria for removing a signal, but is not recognized in the current Minnesota Manual on �Uniform Tra�c Control Devices. Nevertheless, the intersection volumes will not fall below the 60% threshold. Removing the signal would pose access problems for the buses at the transit station on the northwest corner of the intersection and would create a less safe environment for pedestrians crossing between the mall and the transit station. Given the results of the above warrant analyses, it is recommended the signal remain in operation after the proposed expansion is built. Brookdale Mall Expansion 24 Brooklyn Center, MN Traff c Impact Study July 2007 6. Conclusions The County Road 10 and Xerxes corridors and the study intersections currently operate acceptably at or better than Level of Service D near Brookdale. These corridors and the study intersections will continue to operate acceptably at or better than Level of Service D with the planned expansion. No mitigation measures are necessary to accommodate the change in traffic. The proposed expansion plan shows closing the southern leg of the County Road 10/Northway Drive intersection. Reconstruction of the County Road 10/Northway Drive intersection will be required to properly convert it to a tee intersection. The southern leg will be closed, the turn lanes and through lane to go southbound on Northway Drive will need to be closed, and the traffic signal will need to be modified. 7. Recommendations No mitigation measures are necessary to accommodate the traffic changes that will occur with the Brookdale expansion. To provide optimal traffic operations along the County Road 10 corridor, it is recommended the signal timing at the intersections near Brookdale be adjusted to account for the change at the County Road 10/Northway Drive intersection and the altered traffic patterns. This should be done based on traffic data collected after the Brookdale expansion is fully operational. Brookdale Mall Expansion 25 Brooklyn Center, MN Traff c Impact Study July 2007 8. Appendix a. Traffic counts b. Capacity analysis backup c. Traffic signal warrant analyses Brookdale Mall Expansion 26 Brooklyn Center, MN Traffic Impact Study July 2007 i Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2007-03 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2007-015 SUBMITTED BY BROOKDALE CENTER. WHEREAS, City Council Resolution No. 99-37 ac��pt�;�� March 8,1999, approved a rezoning from C-2 (Commerce) to PUD/G2 of the Brookdale Regiona� �l�opping Center which is bounded on the north by County Road 10, on the east and �t�uthea�t by T. I�".' �(}0 and on the west and southwest by Xerxes Avenue North; and WHEREAS, that Planned Unit De��l�a�ment� �PUD) proposal �a�so included development plan approval for the for the expansion�� loprr�ent and rejuvenation of the Brookdale Shopping Center to include the following; l. The reconfiguration v�� end of th�;��m,�ll including an 89,650 sq. ft. second floor to include a�U s�re�n, 4,252 seat theater; 2. An ap�x,�ximate 13,200 ��addition �t� the north entrance to the mall for twt� r�stau��t sites; 3. Ai�t approxirnate 13,000 sq ft�dition for general retail use and revised ma11 entr� ��y t1� souther�y side of the com�lex adjacent to the then Daytori°`� �tore; 4. A��i50 sq. ��t fr�e�tanding Applebee's restaurant building along Xerxes Ave�u� North, "i�ortherly of the 56th Avenue entrance to the Brookdale Cente�7 5: Conce��ual approval, subject to further Planning Commission and City �ouncil review and approval, of four additional freestanding restaurant and�or retail buildings to be located around the perimeter of the shopping �enter; and WHEREAS, most of the above mentioned improvements have been completed with the exception of the above mentioned theater and conceptual approval of the additional buildings to be located around the perimeter of the shopping center; and WHEREAS, Planning Commission Application No. 2007-015 submitted by Brookdale Center seeking a PUD amendment to allow construction of an approximate 184,600 sq. 1 I ft. Walmart Supercenter along the northerly side of the Brookdale Shopping Center following the demolition of the existing vacant two story retail building that formerly housed Mervyn's Department Store; and WHEREAS, the Pla.nning Commission held a duly called public hearing on August 16, 2007 when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission considered �e Planned Unit Development Amendment request in light of all testimony received, the g�tideli��s for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance; �ie provi�i,c�ns of the Planned Unit Development ordinance contained in Section 35-355 of tl��.�ity's Zoning ��r��nance and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESO�;�ED by the �lanning Advisory C�immission of the City of Brooklyn Center to recommend to the City G�un�71 that Application�No. 2007-015 submitted by Brookdale Center be approved in light of the �cailowing considerations: 1. The Planned Unit I��lopnnent is compa�ihle with the standards, purposes and intent of the Planned' L�`zut �evelopmen��ection of the City's Zoning Ordinance. 2. The Pl�nnec� Unit Develop�iient Amendment will allow for the utilization of land in qu�stion in a manner which is compatable with, complimentary to a��i��f compr�rable intensity ta adyacent land uses as well as those permitted on sut�r�aundi�g:l�.nd. 3. 'Th� utiliza�c�n of the property as proposed under the Planned Unit D��elo�men� ��.me�dment is a reasonable use of the property and will confarm with City Ordinance standards and factors contained in City Council Resolution No. 99-37. 4�: The Pl�ned Unit Development Amendment is considered compatible with t�ie recommendations of the City's Comprehensive Plan for this area of the ci�. 5. The Planned Unit Development Amendment appears to be a good utilization of the property under consideration and the redevelopment and rejuvenation of Brookdale Mall are an important long range use for the existing property and are considered to be an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning 2 Ordinance are met and that 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. 2007-015 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and �p�roval by the Building Official with respect to applicable codes pric��to the issuance of permits. 2. Grading, drainage and utility and erosii�� control��a,r�s are subject to review and approval by the City Engineer pr�ar ta �the issu��..�f permits. 3. A site performance agreemer�t, and supporting financial: ga�ara:ntee in an amount to be determined base�� cost estimates shall be su�ri�i�tted prior to the issuance of building permits to ass�e campletion of all required site improvements. 4. B612 curb and gutte� ��11 be provided araund all parking and driving areas. 5. Any outside trash disposal facili�ies and roo�top or on-ground mechanical equipment shall be apprtipriafely screenecl from view. 6. The buildir� i� to be equipp�d with an automatic fire extinguishing system to ��r��t NFPA ��tandards and sha�,l�e connected to a central monitoring device in accpxdan�� r�itk� Chapter 5�6f the City Ordinances. 7. A;n underg;��tund irrigation system shall be installed in all new landscaped are�s to facilit�.t� site maintenance. 8. Plan app�roval is exclusive of all signery, which is subject to Chapter 34 of the City Orc�inances. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer priar to release of the performance guarantee. 10. 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 permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of building permits for this development. The 3 agreement shall further assure compliance with the development plans submitted with this application. 11. The plans shall be modified prior to the issuance of building permits to include: a. A combination wrought iron and masonry pier fence along the County Road 10 green strip to direct pedestrian fraffic onto the site at appropriate locations. b. An appropriate erosion and sediment cot�trol plan to be approved by the City Engineer. c. A photometric plan showzng;�aro�osed lighting locations and foot candles consistent with ��ction 35-712 of the Ordinances. d. Modifications to the s�te plan tc� provide approp�a�as�eening of loading facilities ar�d trash contairti�.ent areas. e. Site plan modifications co��i�zent wit� the Public Works Director's recommendations in his 8/13C�'��nemorandum. 12. All work performed a�xd materials used for construction of utilities shall conform to the City of$ro�k1� Center's star�d�i`d specifications and details. 13. The ap�l�ant shall provide appropriat+� ��ion control during construction as a��t�ved 3�y the City En�ineer and t�btain an NPDES construction site errasion con'�t�l permit from the Minnesota Pollution Control Agency prior to dist�rbing tl�t� site. 1�. The appli�ant sh�il c�bt�in �pproval of a Storm Water Management Plan and E�'osion Cvri#�ol Plan from the Shingle Creek Watershed Management on the �s�. The a�+p�i�,ar�� shall submit the application materials to the �City Engine�ring Dep�rtment to be forwarded to the Watershed Commission. 5. The o� mers of all parcels being subdivided under Planning Commission Applic�.tion No. 2007-014 shall enter into a standard agreement for „�naint�nance and inspection of private water main, sanitaiy sewer and storm �ra�nage systems located with the plat boundary. 16. There shall be no transient overnight parking and/or overnight RV parking anywhere on the Brookdale Mall site. 17. The preliminary plat comprehended under Planning Commission Application No. 2007-014 shall be given final approval by the City Council and filed with Hennepin County prior to the issuance of building permits for this project. 4 i I Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolt�f�i�n was duly "��nded by member and upon vote being taken thereon, the following voted in favor thereof: Chair Pro Tem Commissi�ners and the following voted against the same: whereupon said resolution was declared d�;t1y passed and adopt�t�: 5 Member Ford introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2007-03 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNIl�iG COMMISSION APPLICATION NO. 2007-015 SUBMITTED BY BROOKDALE CENTER. WHEREAS, City Council Resolution No. 99-37 adopted on March 8,1999, approved a rezoning from G2 (Commerce) to PUD/C-2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and southeast by T. H. 100 and on the west and southwest by Xerxes Avenue North; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the for the expansion, redevelopment and rejuvenation of the Brookdale Shopping Center to include the following; 1. The reconfiguration of the west end of the mall including an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat theater; 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for two restaurant sites; 3. An approximate 13,000 sq. ft. addition for general retail use and revised mall entry way along the southerly side of the complex adjacent to the then Dayton's store; 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes Avenue North, northerly of the 56th Avenue entrance to the Brookdale Center; 5. Conceptual approval, subject to further Planning Commission and City Council review and approval, of four additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center; and WHEREAS, most of the above mentioned improvements have been completed with the exception of the above mentioned theater and conceptual approval of the additional buildings to be located around the perimeter of the shopping center; and WHEREAS, Planning Commission Application No. 2007-015 submitted by Brookdale Center seeking a PUD amendment to allow construction of an approximate 184,600 sq. ft. Walmart Supercenter along the northerly side of the Brookdale Shopping Center following the 1 I demolition of the existing vacant two story retail building that formerly housed Mervyn's Department Store; and WHEREAS, the Planning Commission held a duly called public hearing on August 16, 2007 when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development Amendment 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. 2007-015 submitted by Brookdale Center be approved in light of 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 Amendment will allow for the utilization of the land in question in a ma.nner 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 Amendment is a reasonable use of the property and will conform with City Ordinance standards and factors contained in City Council Resolution No. 99-37. 4. The Planned Unit Development Amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development Amendment appears to be a good utilization of the property under consideration and the redevelopment and rejuvenation of Brookdale Mall are an irnportant long range use for the existing property and are considered to be an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning 2 i Ordinance are met and that 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. 2007-015 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 permits. 2. Grading, drainage and 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. B618 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 building is to 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. An underground irrigation system shall be installed in all new 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. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance guarantee. 10. 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 permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of building permits for this development. The 3 i agreement shall further assure compliance with the development plans submitted with this application. i 11. The plans shall be modified prior to the issuance of building permits to include: a. A combination wrought iron and masonry pier fence along the County Road 10 green strip to direct pedestrian traffic onto the site at appropriate locations. b. An appropriate erosion and sediment control plan to be approved by the City Engineer. c. A photometric plan showing proposed lighting locations and foot candles consistent with Section 35-712 of the City Ordinances. d. Modifications to the site plan to provide appropriate screening of loading facilities and trash containment areas. e. Site plan modifications consistent with the Public Works Director's recommendations in his 8/13/07 memorandum. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 13. The applicant shall provide appropriate erosion control during construcrion as approved by the City Engineer and obtain an NPDES construction site erosion control permit from the Minnesota Potlution Control Agency prior to disturbing the site. 14. The applicant shall obtain approval of a Storm Water Management Plan and Erosion Control Plan from the Shingle Creek Watershed Management on the site. The applicant shall submit the application materials to the City Engineering Department to be forwarded to the Watershed Commission. 15. The owners of all parcels being subdivided under Planning Commission Application No. 2007-014 shall enter into a standard agreement for maintenance and inspection of private water main, sanitary sewer and storm drainage systems located with the plat boundary. 16. There shall be no transient overnight parking and/or overnight RV parking anywhere on the Brookdale Mall site. 17. The preliminary plat comprehended under Planning Commission Application No. 2007-014 shall be given final approval by the City Council and filed with Hennepin County prior to the issuance of building permits for this project. 4 �-�6"D� Date lr ATTE l �,�.��a,1. Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Young and upon vote being taken thereon, the following voted in favor thereof: Chair Pro Tem Roche, Commissioners Fard and Young. and the following voted against the same: Commissioner Parks whereupon said resolution was declared duly passed and adopted. 5 Member introduced the following resolution and moved its adoption: RESOLiJTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2007-015 SUBMITTED BY BROOKDALE I CENTER. WHEREAS, City Council Resolution No. 99-37 adopted on March 8,1999, approved a rezoning from C-2 (Commerce) to PUD/C-2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and southeast by T. H. 100 and on the west and southwest by Xen�es Avenue North; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the for the expansion, redevelopment and rejuvenation of the Brookdale Shopping Center to include the following; 1. The reconfiguration of the west end of the mall including an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat theater; 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for two restaurant sites; 3. An approximate 13,000 sq. ft. addition for general retail use and revised mall entry way along the southerly side of the complex adjacent to the then Dayton's store; 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xe�es Avenue North, northerly of the 56th Avenue entrance to the Brookdale Center; 5. Conceptual approval, subject to further Planning Commission and City Council review and approval, of four additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center; and WHEREAS, most of the above mentioned improvements have been completed with the exception of the above mentioned theater and conceptual approval of the additional buildings to be located around the perimeter of the shopping center; and WHEREAS, Planning Commission Application No. 2007-015 submitted by Brookdale Center seeking a Planned Unit Development Amendment to allow construction of an approximate 184,600 sq. ft. Wal-Mart Supercenter along the northerly side of the Brookdale 1 Shopping Center following the demolition of the existing vacant two story retail building that formerly housed Mervyn's Department Store has been submitted; and WHEREAS, the Planning Commission held a duly called public hearing on August 16, 2007 when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2007-015 by adopting Planning Commission Resolution No. 2007-03 on August 16, 2007; and WHEREAS, the City Council considered Application No. 2007-015 at its August 27, 2007 meeting; and WHEREAS, the City Council considered this Planned Unit Development Amendment 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, the City's Comprehensive Plan, City Council Resolution No. 99-37 and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2007-015 submitted by Brookdale Center be approved in light of 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 Amendment 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 Amendment is a reasonable use of the property and will conform with City Ordinance standards and factors contained in City Council Resolution No. 99-37. 4. The Planned Unit Development Amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development Amendment appears to be a good utilization of the property under consideration and the redevelopment and rejuvenation 2 i of Brookdale Mall axe an important long range use for the existing property and are considered to be an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to recommend that Application No. 2007-015 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 permits. 2. Grading, drainage and 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. B618 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 building is to 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. An underground irrigation system shall be installed in all new landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery, which is subject to Chapter 34 ofthe City Ordinances. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance guarantee. 3 10. The applicant shall enter into a PUD a eement with the Ci of Brookl I tY Yn Center to be reviewed and approved by the City Attorney prior to the issuance of permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall further assure compliance with the development plans submitted with this application. 11. The plans shall be modified prior to the issuance of building permits to include: a. A combination wrought iron and masonry pier fence along the County Road 10 green strip to direct pedestrian traffic onto the site at appropriate locations. b. An appropriate erosion and sediment control plan to be approved by the City Engineer. c. A photometric plan showing proposed lighting locations and foot candles consistent with Section 35-712 of the City Ordinances. d. Modifications to the site plan to provide appropriate screening of loading facilities and trash containment areas. e. Site plan modifications consistent with the Public Works Director's recommendations in his 8/13/07 memorandum. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 13. The applicant shall provide appropriate erosion control during construction as approved by the City Engineer and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 14. The applicant shall obtain approval of a Storm Water Management Plan and Erosion Control Plan from the Shingle Creek Watershed Management on the site. The applicant shall submit the application materials to the City Engineering Department to be forwarded to the Watershed Commission. 15. The owners of all parcels being subdivided under Planning Commission Application No. 2007-014 shall enter into a standard agreement for maintenance and inspection of private water main, sanitary sewer and storm drainage systems located with the plat boundary. 16. There shall be no transient overnight parking and/ar overnight RV parking anywhere on the Brookdale Mall site. 4 17. The preliminary plat comprehended under Planning Commission Application No. 2007-014 shall be given final approval by the City Council and filed with Hennepin County prior to the issuance of building permits for this project. Date Mayor ATTEST: City Clerk 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. 5 i Application Filed on 8-2-07 City Council Action Should Be Taken By 10-1-07 (60 Days) Planning Commission Information Sheet Application No. 2007-016 Applicant: Adam Maier Leonard, Street and Deinard, PA) Location: 6415 Brooklyn Boulevard Request: Special Use Permit The applicant, Adam Maier an attorney representing Arena Early Learning Center, Inc. and its owner Antonio Smith, has submitted a request for Special Use Permit approval to operate a childcare facility in the commercial building located at 6415 Brooklyn Boulevard. The property in question is a triangular shaped parcel zoned G1 (Service/Office) and contains an approximate 8,600 sq. ft. office building that the applicant intends to convert into the childcare facility. The properly is bounded on the north by R-5 (Multiple Family Residence) and C-1 (Service/Office) zoned property containing the Brookhaven Apartments and the Brook Park Dental Center respectively; on the east by Brooklyn Boulevard with Garden City Elementary School on the opposite side of the street; on the south by R-1 (Single Family Residence) zoned property containing six single family homes. Group daycaxe facilities are listed as special uses in the C-1 zoning district per Section 35-320, Subdivision 3b of the Zoning Ordinance. The Zoning Ordinance defines group daycare facilities as a"facility licensed by the Minnesota Department of Public Welfare (now Department of Human Services) to provide childcare for six or more children at one time. This term also includes but is not limited to facilities having programs for children known as nursery schools, day nurseries, childcare centers, play groups, daycare centers, cooperative daycare centers and Head Start programs." Mr. Smith will have to obtain a program license from the Minnesota Department of Human Services relating to the operation of this facility. He has applied for such a license and the City has been notified of the impending licensing, however, that notification indicated licensing for 144 children, not the 210 children indicated in the applicant's letter of application. Clarification of this point is in order, although city zoning regulations do not place a limit on the number of children served in such a facility, that is a function of the State's licensing program. We have requested the Department of Human Services to hold off granting of the proposed program license until such time as a Special Use Permit has been considered and granted by the City of Brooklyn Center. The applicant has submitted a letter outlining their proposal and explaining how they will comply with the zoning requirements applicable to a childcare facility (copy attached). Their plan is to modify the building for use as a daycare which will be subject to building code and program licensing requirements. As mentioned, daycare uses are listed as special uses in the C-1 zoning district provided they meet certain criteria established in the ordinance and also are 8-16-07 Page 1 consistent with the city's standaxds for special use permits. Such facilities are required to be compatible with and complimentary to existing adjacent land uses as well as those uses permitted generally in the C-1 district and also be of comparable intensity to permitted C-1 uses. They are aci of available ublic also to be designed to assure that generated traffic will be within the cap ty p facilities and not have an adverse impact upon those facilities, the immediate neighborhood or the community. Traffic generated by other uses on the site are not to pose a danger to the children served by the daycare use. Furthermore, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than 4 ft. in height; shall be located contiguous to the daycare facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35-400; shall not have an impervious surface over more than half the playground area; and shall extend at least 60 ft. from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas. The applicant's comments relative to these provisions notes that their proposed use will be compatible with existing land uses as well as those permitted in the C-1 district generally noting the properties surrounding the proposed facility. He points out that properties are the type that can function near a childcare facility without disturbance to the property. Additionally, the fact that a school is currently located in the area indicates that the adjacent properties operate with little trouble from children being located nearby. He also states that the use is complimentary to existing adjacent land uses pointing out the nearby residences, dental clinic, schools that are adj acent to the property. He adds that the childcare facility which is similar to a school would be amenity for local residents and further states his belief that the use is of comparable intensity to other permitted land uses noting that the facility will produce the most activity during the early morning and late afternoon hours and that even during these peak activity times the intensity will be comparable to other office/service uses provided for under the C-1 zoning classification. He adds that their project will likely produce less activity than other office/service uses because they will provide bus service for approximately 34 percent of the children that are cared for. The letter goes on to point out that the property is located adjacent to Brooklyn Boulevard, a major thoroughfare in Brooklyn Center, a street that is well traveled and designed to handle a large volume of traffic. The project will generate comparable traffic levels and the proposed use will not impact traffic patterns. The applicant further adds that the property will only be used as a childcare facility, and traffic from surrounding sites will not pose a threat to the children there. The applicant has provided us with a survey of the property and a proposed site layout showing parking, the building location and surrounding landscaping. Their plan is ta provide a play facility on the south side of the building which will be screened by a 6 ft. high wood opaque fence. The play area proposed will meet the standards outlined in the city's zoning ordinance for such facilities. It should be noted that where a C-1 use abuts R-1 use that there are screening and green strip requirements. These green strip requirements have been provided and no encroachment into the 15 ft green strip is anticipated. The previous office had constructed a 6 ft. high opaque fence along most of the property line with the adjoining single family residences. Some of this fencing is in need of repair and will be repaired either by the current owner or the 8-16-07 Page 2 applicant. Screening of this facility with the abutting residential is essential as is the screening of any outside trash disposal facilities. The applicant has assured that these matters will be addressed and corrected. We have also requested the applicant to review on site landscaping as it relates to the landscape point system utilized by the Planning Commission for evaluation landscape plans. The applicant's architect has provided an analysis of the existing landscape. The site is 1.29 acres and requires 1291andscape points. He notes that landscaping was reviewed on Apri127, 2007 and lists the landscape improvements such as shade trees, coniferous trees, decorative trees and shrubs. Using the point system, there are a total of 145 landscape points on the site which exceeds the minimum required. Attached for the Commission's review is a copy of the architect's analysis. It appears that landscaping on the site is appropriate and no additional landscaping should be required. SPECIAL USE PERMIT STANDARDS, As a special use, the proposal is required to meet the Standards for Special Use Permits contained in Section 35-220, Subdivision 2 of the Zoning Ordinance (copy attached): These standards require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. The Commission's attention is directed to the applicant's response to the Standards for Special Use Permits contained in their August 2, 20071etter. We find no conflict with the comments made and the Standards for Special Use Permits. We would concur generally with the applicant's comments and believe the Standards for Special Use Permits can be met with the operation that they are proposing. Furthermore, it is believed that the use is compatible with, complimentary to and of comparable intensity to other uses in the C-1 district. The traffic generated by this use will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood or the community in general. A public hearing has been scheduled with respect to this Special Use Permit application and notices have been sent to surrounding property owners. RECOMMENDATION It is believed the application is in order and it is recommended that approval be granted subject to the following conditions and considerations: 8-16-07 Page 3 i 1. The Special Use Permit is granted for a group daycare facility or childcare facility subject to the granting of a license for this operation by the Minnesota Department of Human Services. The applicant shall show proof of this licensing and have a current copy of said licensing on file with the city. 2. The daycare facility as proposed by the applicant meets the Standards for Special Use Permits contained in Section 35-220, Subdivision 2b of the Zoning Ordinance. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C-1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood or the community. 3. The Special Use Permit is subject all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 4. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this Special Use Permit. 5. The play area shall be provided in a manner consistent with Section 35-411, Subdivision 6 of the city's zoning ordinance and be continually maintained in this manner. 6. The required 6 ft. high opaque screening required along the south property line shall be repaired and maintained in a manner consistent with the requirements of the city ordinance. 7. Building plans for remodeling and occupancy of this building are subject to approval of the Building Official prior to the issuance of these permits. 8-16-07 Page 4 ��i.s..� 1:�. a' 'v fi��.i l 3 r t� 0� �I Il i� c�, �1�� W��1� ��i i �l�' ��,t, l,� l l u i; �i �I %i !�ii 11 1 t� ��j� ��1 r� h �i1,1►��, i ■�t ��r �r/�,� �j �t ,��I� �f� ��I :.��t�t ■�►�,,r� r �'�i �i� ,r ,.w �ir� �i r: /t r� ,s �d I� r �t ��si�� Q��r rlli�� ia� ��'s-- I�H s r� ■i��,��v■ 1��/��l�t� I r� jo r �I ��'�l�� 11 :r. �1 1 �i �1 �j �il 1�� iI lj �i�u�� t► /If�1� LOGISMap Output Page Page 1 of 1 r y �{1 E:- �9. `�'�bn "?.gm k G%i„ �p- H i S. 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I I I I �`M RO I BROOKLYN CENiER, MN l� li I I I I a o.x«�wnb. �O 1 w,.�M I �IGONGEPNAL FLOOR PLAN I I I I I I a�a �m �O� �Jmm�c� cm+, xm ro ar.uo �w.�wrwrrr a 150 SOUTH FIFTH STREET SUITE 2300 LEONARD MINNEAPOLIS� MINNESOTA $$¢02 STREET �1z-335-1500 �,ix AND 612'335-i657 FAx DEINARD ADAM D. MAIER 612-335-1412 D[xECT ADAM. M AIER@LEON ARD. COM August 2, 2007 Ron Warren City of Brooklyn Center Planning and Zoning Division 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Special Use Permit and Site Plan Review for Arena Early Learning Center, Inc. Child Care Facility Project, 6415 Brooklyn Boulevard, Brooklyn Center, Minnesota Dear Mr. Warren: This letter is submitted on behalf of Arena Early Learning Center, Inc. and its owner, Antonio Smith (collectively, "Arena Early Learning Center" or "Arena"), in support of the enclosed special use permit application and site plan review application (the "Applications"). Arena Early Learning Center desires to renovate an existing building for use as a child care facility (the "Project") on a parcel in Brooklyn Center, which is legally described in Tab 1 attached hereto (the "Property"). Please consider the following when reviewing the Applications: Proiect Descrintion and Purnose. Arena Early Learning Center has been operating a child care center at 6201 Noble Avenue, Brooklyn Center since 2004. Since its inception, Arena's enrollment has grown at an average of 60% per year. Child care services are currently provided to 125 children and their families residing in Brooklyn Center and the immediately surrounding communities. Arena generally requires a one month advance enrollment due to limited space and there are currently ten families on Arena's waiting list. The available space at Arena's current location has been maximized, thus, a relocation is necessary to accommodate the number of families seeking child care services. To meet the needs of the local child care market, Arena has executed a purchase agreement to purchase the Property. The existing building on the Property will be renovated into a state-of- the-art child care facility. The facility will permit a total of 210 children to receive child care services. This increase of 85 available spaces allows those local families on Arena's waiting list to begin receiving child care and will prevent families from being forced to wait for the needed services in the future. LAW OFFICES IN MINNEAPOLIS MANRATO ST. CLOUD WASAINGTON, D.C. A Professional Association W W W.LEONARD. COM �i Mr. Ron Warren August 2, 2007 Page 2 Proiect Zoning. According to the City of Brooklyn Center Zoning Map, the Project is located in the C1 (service/office) zoning district. The Brooklyn Center City Code of Ordinances, Section 35-320, provides that a child care facility is a special use in this zoning classification. At a June 28, 2007 meeting with planning staff, it was agreed that Arena would obtain a special use permit for the Project. A special use permit for a child care center requires demonstration of the items listed in City Code Section 35-320 and City Code Section 35-220. A. Requirements applicable to special use as a child care facility. Under City Code Section 35-320, the child care facility must be demonstrated to be: (1) Comnatible with existin� adiacent land uses as well as with those uses �ermitted in the C 1 district �enerallv. Existing uses of neighboring properties are: North. Dental clinic, zoned C 1. South. Residential property, zoned R1. East. Garden City School, a local elementary school. West. Large apartment complex, zoned R5. These properties are the type that can function near a child care facility without disturbance to the use of property. Additionally, the fact that a school is currently located in the area indicates that the adjacent properties operate with little trouble from children being located nearby. (2) Comnlementarv to existin� adiacent land uses as well as to those uses �ermitted in the C1 district �enerallv. The current mix of property uses indicates that the neighborhood was intended as a residential area including amenities required by residents. Specifically, residents need dental clinics and schools, both of which are adjacent to the Property. A child care facility, which is similar to a school, would be the addition of another amenity for the local residents. Moreover, neighboring residents could have children cared for across the street from their elementary school before and after the school day. Thus, the Project would compliment the existing uses. (3) Of comnarable intensitv to nermitted C1 district land uses with respect to activit� levels. A childcare facility will produce the most activity during the early morning and late afternoon to early evening because these are the periods when parents will be dropping off and picking up their children. Even during these peak activity times, the intensity will be comparable to the other office/service uses provided for under the C1 classification. This is because the other C1 office uses will produce similar activity during the same periods, due to employees arriving at and departing from their places of business. Moreover, the Project will likely produce less activity than other office/service uses in light of the fact that Arena provides a bus that picks up Mr. Ron Warren August 2, 2007 Page 3 and drops off approximately 34% of its students. This is in contrast to other office/service uses where nearly all users of the property (i.e., �employees) arrive by their own cars. (4) Planned and desi�ned to assure that �enerated traffic will be within the capacitv of available nublic facilities and will not have an adverse im�act unon those facilities, the immediate nei�hborhood. or the communitv. The Property is located adjacent to Brooklyn Boulevard, a major thoroughfare in Brooklyn Center. This street is well traveled and designed to handle a large volume of traffic. The Property was previously used as a dentist's office and, as the Project will generate comparable traffic levels, the proposed use will not impact the traffic patterns. Furthermore, the existence of a school directly east of the Property indicates that this area was designed to absorb a relatively large volume of traffic during the times the Project will produce traffic. Therefore, there will be no adverse traffic impact from the Project. (S) Traffic �enerated bv other uses on the site will not pose a dan�er to children served bu the dati care use. The Property will only be used as a child care facility, so this is not a concern. However, any dangers posed by traffic from the surrounding sites will not pose a threat because the children will only be outside in the rear of the building within an enclosed area. B. Standards for special use permits. Under City Code Section 35-220, a special use permit may be granted upon demonstration by evidence that a11 of the following are met: (1) The establishment. maintenance or o�eration of the snecial use will promote and enhance the �eneral public welfare and will not be detrimental to or endan�er the aublic health, safetv, morals or comfort. As discussed above, Arena's enrollment has grown at a high yearly rate since its inception. This is a direct result of the lack of child care services available in the City of Brooklyn Center. The Project will permit Arena to expand its capacity in order to provide child care services to the families in Brooklyn Center who have been placed on its waiting list and prevent other families from being forced to wait for child care in the future. Therefore, the Project will fulrther the public wElfare by providing a service needed by local families. (2) Th� snecial use will not be iniurious to the use and eniovment of otk�er nronertv in the immediate vic�nitv for the nurnoses alreadv permitted. nor substantiallv diminish and imnair nronertv values within the nei�hborhood. The Project will not produce any noxious or offensive odors or noise and will not produce late night activity or draw individuals who are likely to interfere with neighboring property. Thus, the Project is distinguishable from such uses as bars that bring patrons who are much more likely Mr. Ron Warren August 2, 2007 Page 4 to produce disturbances at inconvenient hours. Rather, parents dropping off and picking up children will in no way interfere with or injure nearby property. (3) The establishment of the sr�ecial use vVill not imnede the normal and orderlv develonment and imbrovement of surroundin� vronertv for uses nermitted in the district. The surrounding property is fully developed with uses that are not likely to change in the near future. Accordingly�, this is not a major concern. The Property has remained vacant and for sale for nearly one year. Therefore, the Property was not in use and the Project itself is the normal and orderly development of the neighborhood. Further, the Project will not prevent additional development in the future, as there is no office/service use that could not operate in the vicinity of a child care facility. (4) AdeQUate measures have been or will be taken to provide in�ress, e�'ess and varkin� so desi�ned as to minimize traffic con�estion in the �ublic streets. The Property contains 43 parking spaces to support a building of approximately 8,600 usa.ble gross square feet. This number of parking spaces is the amount required under City Code Section 35-704(2)(h) and the Property has previously operated with this amount of parking witl�out issue. Also, the majority of the activity will be parents dropping off and picking up children, which means the entire parking capacity will rarely be needed. Thus, there is ample parking and no on-street parking will be necessary. Furthermore, the ingress and egress has already been established and is sufficient to permit traffic to flow to and from the adjacent street. (5) The snecial use shall. in all other resnects, conform to the annlicable re�ulations of the district in which it is located. As discussed above, the Project conforms to the applicable requirements for a special use in the C 1 zoning district. Supportin� Items. In addition to the $200 special use permit application fee, enclosed please find the following in support of the Applications: Tab 1. Completed application form Ta� 2. ALTA Survey prepared by BDM Consulting Engineers and Surveyors Tab 3. Accurately scaled and dim.ensioned site plan Tab 4. Landscape �lan Tab 5. Building floor pl�n Tab 6. External plan We look forward to discussing the Project and the Applications with the City Council, the Planning Commission, and planning staff. Please contact me with any questions. Mr. R��n Warren August 2, �007 Page 5 Very truly yours, LEONARD REET AND DEINARD Professi al ssociatio Adam D. Maier KKE Architects, Inc. 300 first avenue north minneapolis, mn 55401 612/339-4200 612/342-9267 fax r �,TU www.kke.com May 21, 2007 architects Ronald A. Warren, Planning and Zoning Specialisf City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Subject: 6415 Brooklyn 8oulevard, Brook[yn Center Review of Existing Landscaping for Landscaping Poinf System KKE 0706.1338.d1 Dear Mr. Warren: 1. The site is 9.29 acres. The proposed use is a daycare facility. The pre�iaus use was an office. Based on the requirement for office development, 129 lanciscape points are required. 2. Landscaping was reviewed on Aprii 27, 2007, with the foflowing observations. The current lanclscaping appears to be origina! to the 1980 construction. Planting Type Total Points Quantity Pointsl[terrE Totat Points Max Points Allowed Allowed Shade Tree 64 14 10/140 (50%) 64 Confferous 42 7 6/42 (40%} 52 �ecorative Trees 16 11 1.5l16 {35%) 45 Shrubs 23 47 .5123 (25%) 32 TOTAL 145 The open site areas outside the parking lot and sidewalks are covered with grass. Based on the calculation above, fhe current site �'rteets the landscape requirements. Sincerely, KKE ARCHITECTS, 1NC. �/1 Q Lee Meyer, AlA Principa� jw Copy To: Antonio Smith, ARENA I .,'E;:pUiiS %r:, i�.li,F .^i:'; :'��'�;o a''.- r itF ;tS!'7� KKE Architects, Inc. 3b0 first avenue north minneapolfs, rr�n 55401 612J339-4200 612J342-9267 fax T� www.kke.com a J,.' May 21, 2007 architects Ronald A. Warren, Planning and Zoning Speciafist City of Brooklyn Center 630� Shingle Creek Parkway Brooklyn Center, MN 55430 Subject: 6415 Brooklyn Bouievard, Broak[yn Center Review of Existing Landscaping for Landscaping Point System KKE 0706.1338.01 Dear Mr. Warren: 1. The site is 7.29 acres. The proposed use is a daycare facility. The previous use was an o�ce. Based on the requirement for office development, 129 landscape points are required. 2. Landscaping was reviewed on April 27, 2007, with the foflowing observations. The current landscaping appears to be original to the '[980 construction. Planting Type Total Paints Quan#ity Pointsl(tem Total Points Max Points A1lowed Allowed Shade Tree 64 �[4 10/140 (50%) 64 Coniferous 42 7 6142 (40%) 52 Decorative Trees 9 6 11 1.5l16 (35°!0} 45 Shrubs 23 47 .5123 (25%) 32 TOTAL 145 The open site areas outside the parking Iot and sidewalks are covered with grass. Based on the calculation above, fhe current site meets the landscape requirements, Sincerely, KKE ARCMITECTS, 1NC. �V1 e r' Lee Meyer, AIA Principa! JW Copy To: Antonio Smith, ARENA .....!`Er:�C)if3 k:. g��_ 'i:•.'f�p ^.v`,�f1El;U 2;t•=:t�'..�i1l�J