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Home My WebLink About2005 02-17 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER FEBRUARY 17, 2005 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Administer Oath of Office, Sean Rahn 3. Roll Call 4. Approval of Minutes - January 13, 2005 5. 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. 6. Mary Barrus /Gary Swenson and the Estate of Paul Fagerhaugh 2005 -004 Request for a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat at 5445 and 5441 Camden Avenue North. 7. Bear Creek Capital, LLC 2005 -002 Request for Preliminary Plat approval to combine eight existing lots located at the northwest corner of County Road 10 (58' Avenue North) and Brooklyn Boulevard into two lots. 8. Bear Creek Capital, LLC 2005 -003 Request for Rezoning from R -1 and C -1 to PUD /C -2 and development plan approval through the Planned Unit Development (PUD) process for a 13,000 sq. ft. CVS Pharmacy on a proposed 1.53 acre site located at the northwest corner of County Road 10 and Brooklyn Boulevard. 9. Other Business 10. Adjournment Application Filed on 2 -2 -05 City Council Action Should Be Taken By 4 -3 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -004 Applicant: Mary Barrus /Gary Swenson and the Estate of Paul Fagerhaugh Location: 5441 and 5445 Camden Avene North Request: Variance Mr. Gary Swenson, on behalf of Mary Barrus /Gary Swenson (5441 Camden Avenue North) and the estate of Paul Fagerhaugh (5445 Camden Avenue North) is requesting a variance to allow a subdivision of land by metes and bounds description rather than buy a formal plat. The purpose of the division is to relocate the common property line between the two properties by ten feet so that a currently shared driveway would be located totally on the Barrus /Swenson property, 5441 Camden Avenue North. The properties in questions are an interior residential lot at 5441 Camden Avenue North owned by Bamzs /Swenson and a corner residential lot at 5445 Camden Avenue North which is part of the estate of Paul Fagerhaugh. The two properties are zoned R -2 (One and Two Family Residence) and are located at the southwest quadrant of 55 Avenue North and Camden Avenue North. They are surrounded on the north by 55 Avenue with R -3 (Multi Family Residence- Townhomes and Garden Apartments) and R -1 (One Family Residence) zoned property on the opposite side of the street (the lot at 5501 Camden Avenue North is zoned by Robert Fagerhaugh, a relative of the late Paul Fagerhaugh); on the east by Camden Avenue North with other R -2 zoned property on the opposite side of the street; on the south by R -2 zoned property containing a single family home; and on the west by Bellvue Park. Again, the intention of the applicants as outlined in a letter from Mr. Neil Fagerhaugh (attached), who is to be appointed legal representative of Paul Fagerhaugh's estate and trust, is to divide off a 10 ft. by 149.85 ft. portion of 5445 Camden Avenue North using a metes and bounds description, so that it can be conveyed and combined with the Barrus /Swenson property. Section •15 -104 of the City Ordinances requires divisions of land to be done through a formal plat or registered land survey unless the City Council, by variance allows otherwise. Mr. Swenson has submitted a certificate of survey for the two lots showing the rectangular shaped area to be conveyed. It contains a bituminous driveway leading from a currently shared access on Camden Avenue North to the garages located in the rear yards of the two properties under consideration. A driveway easement exists authorizing the shared use and common maintenance of the driveway by the owners of the two lots. Once the division is accomplished and the 10 ft. by 149.85 ft. parcel is conveyed and attached to 5441 Camden, this easement will be extinguished. Mr. Swenson has included a copy of a three page addendum to the purchase agreement (attached), which outlines a number of things related to the agreed upon conveyance. 2_17.05 Page 1 The survey shows only one encroachment would be created by the proposed division and would have to be addressed. This is the location of the existing garage on 5445 Camden. The intent is to relocate the garage such that it will be set back properly from the newly established property line and be oriented such that a new driveway leading to 55 Avenue North can be constructed. A condition of any approval authorizing the division and conveyance is that the garage be relocated such that all setback requirements to the newly configured lot are met prior to the filing of the division with Hennepin County. The certificate of survey also shows that no lot deficiencies would be created by the proposed division and conveyance. In fact, 5441 Camden will become closer to being a standard size lot with respect to single family interior lot width within an R -2 zone. With the conveyance it will be 57.02 ft. in width and 8,498.8 sq. ft. in area. The interior lot requirements for a single family residential use in an R -2 zone are 60 ft. in width and 7,600 sq. ft. in area. The lot at 5445 Camden will be 79.03 ft. in width and 11,842.6 sq. ft. in area after the division. Single family corner lots in an R -2 zone require a minimum lot width of 75 ft. and a minimum lot area of 8,750 sq. ft. Under the City's Subdivision Ordinance, divisions of land are to be performed by a plat of registered land survey unless the City Council, by variance, allows otherwise. Section 15 -112 of the Subdivision Ordinance authorizes the Council to grant variances from their regulations, when in their opinion, undue hardship may result from strict compliance. In making its findings the City Council must take into consideration the nature of the proposed use of land, the existing use of land in the vicinity, number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance the City Council must find: 1. That there are special circumstances of conditions affecting said property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his/her land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. It is the contention of the applicants that to require the formal platting process for this division is overly expansive, burdensome and unnecessary in that no new legal lots are being created with the division of land and that there is substantial precedent for granting similar variances. We would concur with the applicant's comments and, in this case, we believe the standards for variance can be met. Also, there is much precedent for the granting of metes and bounds division variances in cases such as this. Such variances were quite common prior to 1978. Since that time at least seven such divisions have been approved through the variance process by the City 2 -17 -05 • Page 2 ■ r Council. The variances that have been granted typically site the right of the property owner to • divide his/her property and the hardship of bearing full platting costs to divide the property by lat. Also the division of land b metes bounds has been allowed provided that no new p y e sand p buildable lots were created and that no lot or setback variances were implied and that all lot area requirements can be met. It is the staff's opinion that the proposed metes and bounds description variance requested by the applicants appears to meet both the variance standards contained in Section 15 -112 of the City Ordinances and also the City's policy regarding the division of land by metes and bounds description. A public hearing has been scheduled and notices to surrounding property owners have been sent. RECOMMENDATION Again, it is believed that the standards for variance and the City's policy regarding subdivisions by metes and bounds descriptions have been met in this case. Also, substantial precedent for metes and bounds division variances in cases similar to this exists. Therefore, approval of this application is recommended noting the above findings and subject to at least the following conditions: 1. The legal descriptions and certificate of survey showing the division of 5445 • Camden Avenue North shall be filed with Hennepin County. 2. Once new legal descriptions have been established, the City Assessor is authorized to allow the combination of the 10 ft. by 149.85 ft. parcel of land to 5441 Camden Avenue North. 3. The garage currently located at 5445 Camden Avenue North shall be relocated under a properly executed building permit such that it meets all required building setbacks for the newly configured lot lines for this property. Said relocation shall be accomplished prior to the filing of the metes and bounds division with Hennepin County. 4. A new driveway leading from 55 Avenue North to the relocated garage on 5445 Camden Avenue North shall be constructed and a properly executed driveway permit for construction of the access on 55 Avenue shall be obtained from the City Engineering Department. • 2 -17 -OS Page 3 a Local Planning Handbook Information Summary for Comprehensive Plan Amendments Submit this completed form and the following information for each Comprehensive Plan Amendment: 1. Color Map(s) that show the following (8.5x11 or 11 x17): • Location of the proposed change(s). • Current land use, indicating area(s) affected by the amendment. • Proposed land use, indicating area(s) affected by the amendment. • Minnesota Land Cover Classification System (MLCCS), if available. 2. Staff report to planning commission or governing body, 3. Other relevant information related to the amendment and proposed development. This form can found on the Metropolitan Council's Planning and Technical Assistance website at httD: / /www.metrocouncil.ora /r)lannina /assistance /resources.htm. Electronic Submission The Metropolitan Council encourages electronic submission of Plan Amendments. Council staff will acknowledge receipt of the electronic submission; however, the review process will not begin until the Council receives one paper copy of the materials. In submitting an amendment electronically, please complete one of the following procedures: Email Process ■ Notify the city's sector representative of the coming electronic submittal. ■ Mail one (1) paper copy of the plan amendment, this form, maps, staff report(s), and all other relevant material to the Reviews Coordinator at the address below. ■ Email this form and all relevant material to the community's Sector Representative. CD or Disk Process Mail one (1) CD or 3 %2" floppy disk and one (1) paper copy of the plan amendment, this form, maps, staff report and all other relevant material to the Reviews Coordinator at the address below. Paper Submission Mail seven (7) copies of this form and relevant material, described above, to: Reviews Coordinator Planning and Technical Assistance Unit Metropolitan Council Mears Park Centre 230 E. Fifth Street St. Paul, MN 55101 -1634 Text Change Only Plan Amendments For Plan Amendments that are limited to text changes may only require the information in the Community Profile and Background section (questions 1 -5) of this form. Talk with your Sector Representative before submitting any such Plan Amendments. Council staff may request further information if it is determined that there may be potential impacts to regional systems, • forecasts or policies. January 2005 1 a MF a. EARLE e BROWN r �� SCHOOL 5�m !NVE lk. -- "TH ilillIF"s N• z - o t °=it f : .rte __ ..� �� ..rr �� M - 1��.. • - , - AVE ti� :, • S 2 G PLANNING COMMISSION APPLICATION NO. 2005 -004 x:. g a" s 1' r CERT/F/CA�TE OF SURVEY N For.' WYMMSON . Bae�+ besadan �+ an easransda�Den. stews: s ■ 40 AW 55TS AVE. N0. E2'41'E NSA$ B L — � — Nee' J 7,i 1. _ _ _ -- - - - - -- r J 1 �DESCR/PTION _ �� TRACT 2 P0a °F o TRACT 1 • �.� }k� I Z The Sough 37 feet oflhs EeN 149 fast of Lot 1. Bfock A arrd NOM 10 feet of East 140 root of Lot A Block A BaLMEACREA g H~ Cou*. MM M& e N T $ PARC L m Lot f axaspt go wont 150 f d thereatand exoept ft SMMh 37 " A" red mama,, Block A BaLVUE i°. —PROPOSEDDESCRIIMON Zv I � ' u�.es PARCEL A 1 £ 1 Z l .• 24i6'W •14b.8tj � � The floruh laoo et h of the south 7:00 ees 4 f ortae 1, Brody 3 a BELLKAEACRES ,a plot onMe aid ofrecadln @aflhe cow*1Raaordsr.h%mo*CwW Afnn"Wa• EXCEPTfha fi tiotzrH LOT LaFE R" . ' ^ Nrssf 15aoo lbsf lhsreaf LOT x BLOCK e. CT 1 CmWn W 1.499 SgJX or a0344 Acrw afford• � e CLI �. }? Sge`24�I8 149.03 • ; !lmm Lee' Of LOT L I 2% w N BIACK 8. tiB.I.WL' I�h5t3l:S ' I § 2 — LEGEND Set fr P o i I NOTES• h " = 1. n* sww y her Dean prspa►sd wMout fhs bw'Wcf I , I 2 n,► sawrsrdoserx�puportaehowahipro ►rorr�er I seseawnts, ar @nwo@dgj=ft 10 jhs propsrb: except w shown hereon 9. For/hop apow$ ofdds showy orfe *ft off b b"ft ds�ast 32 mbhhrlss 21 seconds. 3 B9.LMEACRES, at January 27, 2005 Gary Swansen 5441 Camden Ave. North Brooklyn Center, MN 55430 Re: Land sale to eliminate shared driveway Dear Gary; This confirms our recent discussions and plans. We have agreed that you will buy a 10 foot wide strip of land that will in effect move the property line between your lot and that of my late Uncle Paul Fagerhaugh, 10 feet to the North. You will then completely own what is now the shared driveway. As part of this agreement I will see that the following is done regarding Paul's lot. 1. Cap any well that may be on or close to the new property line. 2. Move the existing garage to the north such that it meets any setback requirements to the new property line. The garage will also be rotated 90 degrees so that it faces 55 avenue. • 3. Get City approval, and put in a new driveway to 55 avenue. We have also agreed that the existing driveway easement agreement will remain in effect until the new driveway is completed. The execution of the sale will take place once I am appointed the legal representative of Paul's estate and trust. This should occur once the informal probate process, now underway, is completed. Some details of our transaction may still be undecided, but this letter is to confirm my intent to get this done as it will benefit both current and future owners of the two properties. Neil Fagerhaugh • ADDENDUM # 1 TO PURCHASE AGREEMENT S Pertaining to the purchase agreement of the south 10 feet of 5445 Camden Page Number 1 of 2 Dated 1. Sellers state that they have full legal authority to sign Purchase Agreement papers for Paul Fagerhaugh either under power of attorney or as the executor(s) of his estate or as trustee(s) of his trust. Paul Fagerhaugh being the one and only owner of 5445 Camden Ave. N Brooklyn Center, Minnesota. 2. This purchase agreement is subject to local City and County codes and official approval. The exact approval required by both parties will be a variance from the Brooklvn Center Citv Planninq and Citv Council for an exemption of full replattinq of the properties. Also an approval by the Hennepin countv Taxation dept. Parties agree that time is of the essence and that a full replatting will be overly time consuming and overly expensive to proceed with the purchase agreement. Seller also requires a building permit to move the (garage, concrete and electrical etc.) improvements and construct a new driveway on the remaining property, which will include a new curb cut in the city owned street. If those approvals are not given, sellers and buyers agree to sign cancellation of purchase agreement papers and this agreement shall be null and void. 3. Sellers and buyers agree that the intent of this agreement is to split a portion of the southerly 10 feet from the lot known as 5445 Camden Ave N. Brooklyn Center, Minnesota. County of Hennepin (from the Sellers) and add that portion as a lot consolidation to the northerly portion to the lot know as 5441 Camden Ave N. Brooklyn Center, Minnesota. County of Hennepin (to the buyers). That portion to be the ten feet that includes the shared driveway for the two properties, with current easements that now exists between the two properties. A registered surveyor (J. Oliver and Assoc. 2781 Freeway Blvd. Brooklyn Center, MN.) hired buy the buyers will determine the new lot lines and new legal descriptions written for both properties to the satisfaction of the sellers, Local City government and County officials as needed. 4. Parties agree that the present driveway easement reads as follows: "The shared driveway easement is to be located over the north 4 feet of the east 114 feet of tract 2 and the south 4 feet of the east 114 feet of tract 1. Any common repair and maintenance costs for the shared driveway mutually agreed upon by the current and future owners of tract 1 and 2, shall be shared equally between the owners of tract 1 and 2. The shared driveway easement shall benefit tracts 1 and 2 and be appurtenant to the said tracts for the benefit of future owners" ADDENDUM #1 TO PURCHASE AGREEMENT Page Number 2 5. Closing shall be set for 04/29/2005. Parties agree that the driveway easement will be dissolved between the parties after a successful closing and removal of all improvements. 6. Buyers agree that the current easement may temporarily survive the closing. Buyers agree that this is a friendly transaction and do not wish to force undue hardship on the buyers due to seasonal construction costs. If the seller can not remove all the improvements due to cold or wet weather, or will suffer extra financial burden due to cold or wet weather, the easement will temporarily remain until better weather in the spring that aids construction costs. However, regardless of weather or extra financial burden, seller agrees to provide full possession of the property not later than 06/01/2005 with removal of all improvements and parties will then terminate the easement agreement. (see line 7) 7. Sellers and buyers agree to dissolve the easement agreement sooner than 06/01/2005, if the seller has removed all improvements from the property and the sellers and buyers have had a successful closing. This will include that a new driveway has been constructed for the seller's use on the sellers remaining property. The easement rights and responsibilities between the properties and parties mentioned in line #4. Shall then be forever terminated there after with no rights, responsibilities or recourse to the present and future owners 5445 Camden Ave N (tract 1) and the driveway shall then be of sole benefit to the present and future owners of 5441 Camden Ave N. (tract 2). However, regardless of weather or extra financial burden, seller agrees to provide full possession of the property not later than 06/01/2005 with removal of all improvements and will terminate the easement agreement as previously stated. 8. Seller(s) also agree to move or remove any improvements that encroach on the new property division lines that are marked by the survey, to the minimum property code setbacks as required by local governing authorities. Moving and removal of improvements shall be the seller's exclusive cost, but the Buyers agree to credit sellers at closing not more than $3,500.00 to defray the cost of removal of the improvements. Seller(s) agree to reimburse the buyers for one half the cost of the required survey, estimated to be $1,100.00, at closing. If the closing is canceled buyers agree they shall not be reimbursed for the survey and the contents of the survey shall be the sole property of the buyers Gary Swenson / Mary Barrus. ADDENDUM #1 TO PURCHASE AGREEMENT S Page Number 3 Water Wells All wells included in the purchased 10 feet or encroaching on the new property line will be sealed at owner's expense prior to closing. Financial details A. Buyers shall provide as earnest moneys the up front cost of $1,100.00 for the survey. Half the cost ($550.00) to be reimbursed at closing by the sellers to the buyers. B. Buyers shall provide at closing $3,500.00 as payment for the land and driveway as well as termination of the common easement. C. Buyers shall credit the sellers at closing not more than $3,500.00 towards seller's cost of removal of improvements and construction of a new driveway. • SELLERS DATE BUYERS DATE • Application Filed on 1 -20 -05 • City Council Action Should Be Taken B 3 -21 -05 60 Days) s ( Y) Planning Commission Information Sheet Application No. 2005 -002 Applicant: Bear Creek Capital, LLC Location: Northwest Quadrant of County Road 10 and Brooklyn Boulevard Request: Preliminary Plat The applicant, Bear Creek Capital, LLC, is seeking preliminary plat approval to combine eight existing lots located at the northwest corner of County Road 10 and Brooklyn Boulevard into two lots. The northerly lot would be the site for an existing dental clinic while the southerly lot would be for a proposed 13,000 sq. ft. CVS Pharmacy (see Planning Commission Application No. 2005 -003 for a proposed PUD rezoning and development plan approval). The properties under consideration are currently zoned R -1 (One Family Residence) and C -1 (Service /Office). They are bounded on the east by Brooklyn Boulevard; on the south by County Road 10; on the west by R -1 zoned property containing single family homes abutting Drew Avenue North; and on the north by C -1 zoned property containing an office building and parking lot. The two R -1 lots currently facing County Road 10 (58 Avenue North), are addressed as 3606 and 3612 58 Avenue North and are legally described as Lots 6 & 7, Block 1, Grimme's Addition. Three lots facing Brooklyn Boulevard are zoned C -1, are addressed 5801, 5809 and 5817 Brooklyn Boulevard and are legally described as Lots 3, 4 & 5, Block 1, Grimme's Addition. These are the five lots Bear Creek proposes to consolidate into a single lot proposed to be rezoned to PUD /C -2 (Planned Unit Development/Commerce) and developed with a CVS Pharmacy. This new lot is proposed to be described as Lot 1, Block 1, CVS Brooklyn Boulevard Addition and currently has five single family homes which would be removed. The three other lots, the northerly of which is vacant, would be combined into the proposed Lot 2, Block 1, CVS Brooklyn Boulevard Addition and would be a single unified site for the existing dental clinic. These three lots are currently zoned C -1 (Service /Office) and are owned by Dr. Bill Katonius who operates the existing dental clinic at 5831 Brooklyn Boulevard. These properties would continue to be zoned C -1 and continue to be used as a dental clinic. The proposed Lot 1 (proposed CVS site) would be 66,517 sq. ft. or 1.53 acres in acre. The proposed Lot 2 (dental clinic) would be 44,988 sq. ft. or 1.03 acres in area. The lots exceed the minimum requirements for C -1 or C -2 land uses. Access to the proposed lots must be approved by Hennepin County as both Brooklyn Boulevard and County Road 10 are county roads. The applicant has reviewed access with Hennepin County and a proposed access plan has been agreed to. All seven existing accesses would be closed with full accesses to be provided at the southwest corner of the proposed Lot 1 (CVS site) and at the northeast corner of Lot 2 (dental clinic site). A cross access agreement providing access between the two lots is proposed. A right 2 -17 -05 Page 1 in only access off Brooklyn Boulevard would be provided for the pharmacy site. The median on • Brooklyn Boulevard would be shortened while the median and the left turn lane on County Road 10 would be extended to the new access location authorized. Responsibility for implementing the plan would be borne primarily by the applicant. The Public Works Director /City Engineer has reviewed the preliminary plat along with the proposed development plan for this area and has offered his comments in a memo dated February 2, 2005 which is attached for the Commission's review. He notes that an existing sanitary sewer line runs east and west through the proposed Lot 2 (dental clinic) just north of the dental clinic building. He indicates that a 20 ft. wide easement for this utility should be provided with the final plat and the applicant is to provide certification from a registered land surveyor that the easement is centered along the alignment of the existing sanitary sewer. A dedicated sidewalk easement along the northeast corner of Lot 2 to extend a minimum of one foot beyond the outside edge of the sidewalk is also to be provided prior to final plat approval. He also notes in his comments regarding water and sanitary sewer service, that the five existing homes should have water and sanitary sewer services disconnected at the mains prior to building demolition. The homes and accessory buildings should be demolished and/or removed from the property prior to final plat approval and filing. All necessary easements to provide utility service to the proposed site development are to be dedicated to the public for public use with the final plat. A public hearing has been scheduled for this preliminary plat and notice of the Planning i Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION This preliminary plat is dependent upon the approval of the Planned Unit Development comprehended under Planning Commission Application No. 2005 -003. If that application is not approved, this preliminary plat should also not be approved. The following conditions would be recommended if the Planning Commission wishes to move this application along favorably: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this Preliminary Plat is contingent upon approval of Planning Commission Application No. 2005 -003. 4. Appropriate cross access and possibly cross parking agreements between the proposed Lots 1 and 2, as approved by the City Attorney, shall be developed and filed with the final plat. 2 -17 -05 Page 2 5. The applicant shall dedicate a sidewalk easement along the northeast corner of Lot 2, Block 1, prior to release of the final plat. This sidewalk easement shall extend a minimum of one foot beyond the outside edge of the existing sidewalk. 6. The final plat shall include a 20 ft. wide drainage and utility easement along the alignment of the existing sanitary sewer transecting Lot 2, Block 1. The applicant shall provide written certification from a licensed land surveyor or engineer that the easement shown on the plat is centered along the alignment of the existing sanitary sewer. 7. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 8. Water and sanitary services to the existing five homes within the preliminary plat boundary must be disconnected at the mains prior to building demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the City Engineering Division office. 9. The homes and accessory buildings within the boundaries of the preliminary plat shall be demolished and/or removed from the property prior to final plat approval and filing. 10. Building permits for construction of ahy building comprehended under Planning Commission Application No. 2005 -003 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 2 -17 -05 Page 3 IL • A,� �N •Yr ' ' S �w f ' v �i y ':. ,r ;^' Y lNVlJ 1 � T q w� CN ui - H - UT- h` • ipM - _ _ ��<K� ---- -- N , � fig � � l� • O t _ J DO o M O maj ��;.� ..K.'r. o n F � � � � 1!J � ;�yi.�� ;H•S�' ?� Vii= �hi��+'` %�� E} • {! a • `,;;.�;. •:ter +"': t+i�''% A �1 • �� XI \ Au • ! ' r• ; 3 W n mma •yam` 2�t'ririyd .S� cr.' a �+44 a7f'•� i. �l.�l?, ti: Rl *N '9AVORMA3 (( a t r� d .NIf•: brt.;d %n. . ' r Os bf SL gg A r t c v r r d+� t 3 } 6 - S � ' �A 5- 4� i F r s y i t f � . 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ADJOINING LOT • sDR sox .. 1 • NOCATE4 10 FEET N MEN, TNER SE ie Tr MANE 'T OUGHT TE NAY LINES. 1311x.55 OiMERRSE R X 1 ROE ARLUM ROL OYIRRRium RECEIVED J AN 2 0 ?005 CITY OF BROOKLYN CENTER XBR%OKLYN ar MEMORANDUM W" DATE: February 2, 2005 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works -ro SUBJECT: CVS Pharmacy Preliminary Plat and Site Plan Review Planning Commission Applications 2005 -02 and 2005 -03 The Public Works Department reviewed the following preliminary documents submitted for review under Planning Commission Applications 2005 -02 and 03 for property located north of 58 Avenue (County Road 10) and west of Brooklyn Boulevard (CSAH 152). • Preliminary Plat, dated January 20, 2005 • Preliminary Site Plan, dated January 20, 2005 • Preliminary Grading and Drainage Plan, dated January 20, 2005 • • Preliminary Utility Plan, dated January 20, 2005 • Preliminary Landscape Plan, dated January 20, 2005 The following comments and recommendations regarding the proposed preliminary plat and site plans are provided for your consideration. Preliminary Plat The applicant is proposing to replat Lots 1 through 7 of Grimes Addition (currently residential homes and dental office) and part of Lot -13 of Auditors Subdivision No. 216. The plat would result in one lot for the existing dental office and one lot for a proposed commercial building. 1. The proposed development site is adjacent to County Road 10 and CSAH 152. A copy of the preliminary plat was submitted to Hennepin County Transportation Planning Division for review on January 21, 2005. The final plat must conform to requirements as set forth by Hennepin County. 2. The applicant shall provide the City with an executed copy of a shared access easement for the proposed shared driveway access onto CSAH 152 prior to release of the final plat. 3. The final plat shall include a 20 -foot wide drainage and utility easement along the alignment of the existing sanitary sewer transecting Lot 2, Block 1. The applicant shall • provide written certification from a licensed land surveyor or engineer that the easement shown on the final plat is centered along the alignment of the existing sanitary sewer. GAEngineering\Development & Planning \CVS Pharmacy \CVS Prelim Plat -Site Review.doc L __ bearings and distances, shall be provided 4. Ties to an adjacent section corner, including g with the final plat. 5. The applicant shall dedicate a sidewalk easement along the northeast comer of Lot 2, Block 1 prior to release of the final plat. This sidewalk easement shall extend a minimum of 1 -foot beyond the outside edge of the existing sidewalk. 6. The applicant shall coordinate site development plans with Xcel Energy, Centerpoint Energy, Quest Communications and other private utility companies. 7. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. Water Supply and Sanitary Sewer Service The existing homes and office building within the plat boundary are currently served by a 12- inch diameter water main and 8 -inch diameter sanitary sewer located within the western portion of right -of -way for Brooklyn Boulevard. This infrastructure is adequately sized to provide sanitary sewer and water service to the proposed site development. The following modifications to the site plans are recommended. 1. The water service to the proposed building on Lot 1 shall include the installation of a gate . valve at the east property line. Fire and domestic water services shall be separated prior to entering the building. Domestic and fire services shall have exterior curb stops /gate valves. 2. The utility plan shall be revised to include a note indicating that water and sewer services for the existing homes within the plat boundary must be disconnected at the mains prior to building demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the city engineering division office. 3. The utility plan shall be revised to show one exterior sanitary service connection between the proposed building and the public sanitary sewer main. 4. Utility service extensions must 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 Supervisor of Public Utilities. 5. The proposed site plan shall be subject to the approval of the City Fire Chief and Building Official, including hydrant spacing requirements and any other requirements of the Fire Department. • GAEngineering0evelopment & Planning \CVS Pharmacy \CVS Prelim Plat -Site Review.doc • Street Access The applicant is proposing to remove seven existing driveway access points along Brooklyn Boulevard and County Road 10. The preliminary site plan identifies one full driveway access and one right -in only access to Brooklyn Boulevard and one full driveway access to County Road 10. The applicant has indicated that a shared access agreement will be executed between the two property owners to allow the proposed northerly driveway access to Brooklyn Boulevard to serve both Lot 1 and Lot 2. 1. Hennepin County has provided preliminary review comments regarding necessary changes to the site access points as indicated below. Hennepin County has indicated that these modifications would be the financial responsibility of the developer. • The design of the right -in only access to Lot 1 should come directly off an extension of the existing southbound right turn lane for CSAH -10 rather than creating another right turn lane off of the existing right turn lane. The existing southbound right turn lane should be extended north approximately 100 feet. A 7 or 8:1 taper starting near the existing access to the Dental office would be sufficient to provide a transition to the right turn lane. See attached figure from Hennepin County for further details. • The nose of the median on CSAH -152 should be shifted south approximately 100 feet to provide for a left turn lane to the new access north of the Dental office. See attached figure from Hennepin County for further details. 2. The existing sidewalk along the full length of the east property line of Lots 1 and 2 shall be reconstructed as part of the site development of Lot 1. Pedestrian curb ramps shall be provided at driveway entrances. Curb ramps shall include the installation of truncated dome systems (detectable warning surfaces) in compliance with the Americans with Disabilities Act Accessibility Guidelines and City Standards. 3. The north entrance monument sign on Lot 2 shall indicate that the access is available for the tenant of Lot 1. Storm Drainage The proposed site improvement would convert a substantial portion of the site to impervious surface. NPDES regulations require that land development projects incorporate construction and post - construction storm water best management practices to control the rate and quality of storm water discharges. The applicant has indicated that they wish to construct rain gardens within the site to address storm water management requirements. 1. The preliminary site plan documents did not include storm water design calculations or other supporting drainage information. The applicant shall provide a site storm water management plan, including drainage calculations and detailed design drawings for • proposed storm water management facilities, to the Engineering Division for review prior to submitting the final plat to the City. G:\Engineering\Development & Planning \CVS Pharmacy \CVS Prelim Plat -Site Review.doc L _ 2. Post - construction storm water best management practices shall be incorporated into the site plan to adequately address all storm water management requirements as established by the Shingle Creek Watershed Management Commission. These standards can be found at: httD:// www. shin2lecreek.org/appendixb.Ddf. 3. Storm water management facilities shall be incorporated into the site development plans to sufficiently control the total discharge rate from the site to avoid overloading the existing storm sewer system within Brooklyn Boulevard (CSAH 152). Connection to the storm sewer system within CSAH 152 is subject to approval by Hennepin County. 4. The site utility plan shall be revised to include on -site storm sewer piping to convey excess runoff from the proposed rain gardens to the public storm sewer system. 5. Property owners of Lots 1 and 2 shall enter into a utility maintenance agreement with the City to provide for the long term maintenance of storm water facilities within the development site. 6. Erosion control measures shall be installed prior to starting site grading operations. The owner will be responsible for the prompt removal of all dirt and mud tracked onto public streets from the site during construction. 7. An NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency prior to disturbing the site. The above comments are provided based on the information provided by the applicant at the time of this review. Subsequent approval of the final plat may require additional modifications or dedications based on engineering requirements associated with final design of water supply, storm drainage, sanitary sewer, gas and electric service, final grading, and geometric design of streets as established by the city engineer and other public officials having jurisdiction over approval and recording of the final plat. GAEngineering\Development & Planning \CVS Pharmacy \CVS Prelim Plat -Site Review.doc �/ C dWlMGATS T/oM �G�A�pi� e • _ l r wwpw x ses sY ?, E ,e�i�x *R *Abpc X%4= WX Cm nu mm Wt ar NORTH Clow socanx t oo, a Fat WALL "m cut am "aba xm Andemn Engfilewing � ... 0� x r ' ! 7 t i m' p� �Opie ar-uw m f A V WAR votwALX pcx.k 1 0 saha tz / 141 cvsphwm"T FWAW C Phw=&L* to 4"T 5W Alk a aWkW 9L%9 16 a, DEVELOPER . 10 10 4.. �w REVISCINS: 1-20-05 PWjAMNARy p KARS j �� ! ` � � O ° KAIli�q YOB, T n DRUM 9% RM' W-W cap amax On? I JANUARY Wft am aft/moo, =/*-"W l -to mmm lion fora PRELIMINARY SITE PLAN 8 TH AVENUE NORTH sag Nummilt C-4 or MUM m ammuci IL Hennepin County Transportation Department • , 1600 Prairie Drive Medina, MN 55340 -5421 763- 745 -7500, Phone 763 - 478 -4000, Fax 763- 478- 4030,TDD www.co.hennepin.mmus February 10, 2005 Mr. Todd Blomstrom, Director of Public Works City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Preliminary Plat— CVS Pharmacy CSAH 10/152, Northwest Quadrant Section 3, Township 118, Range 21 Hennepin County Plat No. 2871 Review and Recommendations Dear Mr. Blomstrom: Minnesota Statutes 505.02, 505.03, and 462.358, Plats and Surveys, allow up to 30 days for county review of preliminary plats abutting county roads. The Plat Review Committee reviewed the above plat at its regular meeting on February 1, 2005. The following comments are provided for your consideration. • The existing right -of -way is adequate. , • The proposed access revisions are substantially acceptable. Closing all the residential driveways while adding full movement entrances at the northeast and southwest corners of the plat, plus a right -in only on CSAH 152 should serve the site well while minimizing turning vehicle conflicts on both County Arterials. However, two details on the CSAH 152 driveways need refinement and we understand the developer's engineer is making these changes subsequent to communications we have had. The two issues are shortening the north end of the CSAH 152 median island to provide northbound left -turn storage and extending the existing southbound CSAH 152 right -turn lane to accommodate the ingress driveway. Hennepin County will facilitate the median closure and revisions on CSAH 10. • Please inform the developer that all proposed construction within county right of way requires an approved Hennepin County permit prior to beginning construction. This includes, but is not limited to, driveway and street access, drainage and utility construction, trail development, and landscaping. Appropriate forms can be obtained by contacting our Permits Section at 763 - 745 -7600. Please direct any response to Dave Zetterstrom at 763 - 745 -7643. Sincerely, J�es N. Grebe Director Transportation Department and County Engineer JNG:DI{Z:dw cc: Plat Review Committee — Abene / Byers / Holtz / Johnson / Lindgren / Smrcka / Wiebe / Zetterstrom Rob Wied, Hennepin County Surveyor's Office Brad Hoffman — Brooklyn Center Community Development Bill Tippman — Bear Creek Capital Mark Jaster — Anderson Engineering An Eaual Recycled Paper L Application Filed on 1 -20 -05 City Council Action Should Be Taken By 3 -21 -05 (60 Days) • Planning Commission Information Sheet Application No. 2005 -003 Applicant: Bear Creek Capital, LLC Location: Northwest Quadrant of County Road 10 and Brooklyn Boulevard Request: Rezoning/Development Approval- PUD /C -2 The applicant, Bear Creek Capital, LLC on behalf of CVS Pharmacy, is seeking rezoning from R -1 (One Family Residence) and C -1 (Service /Office) to PUD /C -2 (Planned Unit Development/Commerce) of five contiguous lots located at the northwest corner of County Road 10 and Brooklyn Boulevard and development plan approval through the Planned Unit Development (PUD) process for a 13,000 sq. ft. CVS Pharmacy. Beat Creek Capital, LLC has a purchase agreement to acquire the five lots in question. Two of the lots face County Road 10 (58 Avenue North) and are currently zoned R -1, while the other three lots are zoned C -1 and face Brooklyn Boulevard. Once combined (See Planning Commission Application No. 2005 -002) the five lots will create a single parcel of land that is 66,517 sq. ft. or 1.53 acres in area. The property in question is bounded on the east by Brooklyn Boulevard; on the south by County Road 10; on the west by R -1 zoned property abutting on Drew Avenue North; and on the north by C -1 zoned property containing a dental center and parking lot. The applicant's plan is to demolish and/or otherwise remove the five existing single family homes and other accessory buildings to building a 13,000 sq. ft. CVS Pharmacy, which would have cross driving, parking and access rights with the neighboring dental center site to the north. The applicant is seeking the PUD /C -2 rezoning to accommodate the above mentioned commercial retail development. The C -2 (Commerce) underlying zoning designation is being sought because it acknowledges the proposed use as a permitted use in the zoning district. The applicant is seeking modifications to the C -2 requirements to allow an encroachment into the 35 ft. buffer area required where a C -2 use abuts an R -1 use (along the west property line). This modification is proposed to make a more efficiently utilized site and to accommodate Hennepin County concerns to have the access to the site as far removed from the corner of County Road 10 and Brooklyn Boulevard as possible to accommodate traffic movements and left turn lane stacking space. The applicant believes this modification will be offset by various plan considerations and aspects of their development proposal which will mitigate it. The land in question is acknowledged in the City's Comprehensive Plan as being appropriate for neighborhood service and retail business functions and such an expansion and rezoning could be considered consistent with the Comprehensive Plan. As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this 2 -17 -05 Page 1 IL __ case C -2) would apply to the development proposal. One of the purposes of the PUD district is i to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant will be seeking modifications to allow encroachment into the 35 ft. buffer are between C -2 and R -1 land uses. Their plan for offsetting this encroachment is to provide an 8 ft. high maintenance free screen fence with additional landscaping including a heavy concentration of balsam fur that will grow above the 8 ft. screening device. This is similar to what was done where the retail development proposal along 69 Avenue North, east of Brooklyn Boulevard was undertaken. In that case, a maintenance fee fence and beefed up landscape were provided to offset or mitigate the closer proximity of a driving and parking lane to the residential property backing up to this development. The Planning Commission's attention is directed to Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments (attached). REZONING The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35 -210 of the Zoning Ordinance as well as being consistent with the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208. The Policy and Review Guidelines are attached for the Commission's review. The applicant has submitted a written narrative describing their proposal along with written comments relating to the Rezoning Evaluation Policy and Review Guidelines (attached). As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the Zoning Ordinance. The policy states that zoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning ", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the city's policy and against the various guidelines which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's comments and their proposal. a. Is there a clear public need or benefit? The applicant comments that this site lies in proximity to high level commercial land uses. A Planned Unit Development provides flexibility of development while providing the public with control over land use applications. It is the staff's opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the City and also is consistent with the City's Comprehensive Plan. It should balance the 2 -17 -05 Page 2 • business needs of the community and the residential needs of adjoining properties. It is not anticipated that this proposal will be a detriment, but on the other hand, it should be a positive factor in providing benefits that positively affect the community as well as the applicant. The City's Comprehensive Plan relating to Brooklyn Boulevard broadly recommends gradually eliminating the remaining inappropriate single family homes on Brooklyn Boulevard and replacing them with either commercial and service /office uses or high and medium density residential uses. Specifically with respect to Brooklyn Boulevard and 58 Avenue North, the Comprehensive Plan recommends neighborhood oriented commercial uses and retail functions. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The applicant comments that adjacent and to the east a PUD'with commercial land use application has been approved and enacted. I am not certain to what PUD the applicant is referring. A Planned Unit Development was adopted for the redevelopment of the Brookdale Mall a number of years ago and commercial development of a relatively intense nature is located east of Brooklyn Boulevard and to the south of County Road 10 as well. Certainly the proposed land use classification could be considered consistent with and compatible with the land uses to the east and southeast of this site as well as the dental office immediately to the north. The significant question is how compatible this proposal can be with the single family residential located immediately to the west. The City Council recently established a Central Commerce Overlay District (CC) which begins on the east side of Brooklyn Boulevard and encompasses all of the Central Commercial area including Brookdale and perimeter businesses and the commercial and even multi residential land uses along Shingle Creek to Interstate 94 then east to Highway 100. This Central Commerce Overlay District was established to indicate all of the potential commercial uses which were considered to be appropriate for development in this area and also to outline specific uses which would otherwise be allowed in a general commerce area to be excluded or considered inappropriate for this area. It would seem in conflict to extend a C -2 zoning district for this particular area without also excluding uses for that site that would be considered inappropriate. Uses such as sauna establishments, massage establishments, currency exchanges, pawn shops and secondhand good dealers are uses that are not permitted in the Central Commerce Overlay District and should not be allowed if this PUD /C -2 zoning designation is acceptable. It should also be pointed out that this Central Commerce Overlay District is not intended for use as chapels, churches, temples, mosques, and synagogues as well as public and private elementary and secondary schools (K -12). c. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The applicant notes that the current zoning of affected parcels does not allow for the proposed use. • 2 -17 -05 Page 3 I The applicant is correct. The current zoning of the majority of the property, which is C -1 • (Service /Office) does not allow a retail use such as a pharmacy. Another reason for seeking the Planned Unit Development is to limit some of the uses that are otherwise considered inappropriate in the C -2 underlying zone as was outlined in the previous comments. Otherwise, we believe it is possible for all of the other permitted uses in the C -2 underlying zone to be contemplated for development. However, with a PUD only the proposal approved with the Planned Unit Development is what is to be developed. d. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? The applicant comments that to the east, commercial zoning has been increased. This is not necessarily the case. The CC Central Commerce "Overlay District was established, however, there has been no recent increase in commercial zoning in this immediate area. The existing C -1 zoning classification has been in place since at least 1968 when many of the single family residential homes in this area became non - conforming uses. It has been the City's longstanding policy that these single family homes eventually be converted or redeveloped into commercial uses. As was mentioned previously, the City's Comprehensive Plan does recommend an expansion of the general commerce zoning district in this particular area and we believe it can be construed to include expanding it as being proposed by the applicant in this situation. 1 0 e. In the case of city initiated zoning proposals, is there a broad public purpose evident? This evaluation criteria is not applicable in this case because this is not a city initiated rezoning proposal, but rather a developer initiated proposal. L Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? The applicant indicates that they have taken measures to minimize impact of the zoning classification on adjacent uses as it relates to screening. They note that there requested zoning will require a more comprehensive screening application. The staff believes that the subject property will, for the most part, bear fully the development restrictions for this Planned Unit Development even with some deviations from the standard ordinance requirements. We believe it is important to establish an appropriate buffer between the single family residential to the west. The proposed commercial use also seems to provide a good transitional use from Brooklyn Boulevard to the residential neighborhood to the west. Good screening and buffering should provide an acceptable relationship between these two areas. 2-17-05 • Page 4 g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The applicant notes that the proposed pharmacy use of the property will combine five single family lots for commercial development with driveway access to 58 and Brooklyn Boulevard. They note that they believe their proposal in coordination with adjacent property owners will insure safer circulation on the site and in the general area. Generally it is the City's position that inappropriate single family residential homes in the Brooklyn Boulevard corridor should be replaced with other uses. Numerous access points for single family residential homes on Brooklyn Boulevard cause potential traffic problems. Consolidating, eliminating and reducing access points on Brooklyn Boulevard is considered a benefit. It can be said that the properties under consideration in this PUD are unsuited for their current use. Three of the five parcels are already zoned commercial although service /office commercial rather than general commerce. To continue with the residential use would be inappropriate. Consolidation is necessary for commercial redevelopment. h. Will the rezoning result in an expansion of a zoning district warranted by 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? The applicant indicates that combing of parcels along Brooklyn Boulevard works best to effectively control development and traffic in this busy corridor. Through the Planned Unit Development Process, they note that the City can negotiate controls of land use as promotion to the community's best interests. They note that a retail land use falls reasonably with adjacent uses within this sector of the city. In general we would concur with the comments made by the applicant and note that the proposal does appear to have merit beyond just the particular interests of the developer and should lead to redevelopment that can be considered consistent and compatible with surrounding land uses. The proposal is consistent with the City's Comprehensive Plan for this area and can be considered in the best interests of the community. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The applicant does not make comment with respect to this particular guideline. We do believe that the proposal appears to have merit beyond just the particular interests of the developer. It will lead to a development that, we believe, can be consistent and compatible with surrounding land uses. The proposal, possibly with some modifications, could provide a quality development that is consistent with the City's Comprehensive Plan and be in the general interests of the community. • 2 -17 -05 Page 5 IL SITE AND BUILDING PLAN PROPOSAL, • As mentioned previously, this proposal is for a 13,000 sq. ft. CVS Pharmacy to be located to the north side of a 1.53 acre site created by the combination of five existing lots (two currently R -1 and three currently C -1) proposed under this application to be rezoned to PUD /C -2. The plan calls for a shared parking, driving and access area with the property to the north, which is zoned C -1 and contains a dental clinic and parking lot. The C -1 zoned property is technically not part of the PUD, however, its use with the subject site is essential. Certain improvements or changes will have to be made to the dental clinic site and are proposed in order for the applicant's plan to be accomplished. It is not clear who will be making these improvements, but they should be tied to the PUD approval and any performance agreement and financial guarantee must assure their completion. ACCESS/PARKING Access to the site was previously reviewed with the preliminary plat. Brooklyn Boulevard and County Road 10 are under the jurisdiction of Hennepin County. The applicant and the County have tentatively agreed to a proposal that will allow joint use of accesses to the CVS site and the dental clinic site. All seven existing accesses to the two county roads will be closed with two new full access points being established, one at the very northeast corner of the dental clinic site and the other at the very southwest corner of the CVS site. A "right in only" access will be established off Brooklyn Boulevard to the CVS drive lane and parking lot. That access will be approximately 140 ft. north of County Road 10. The median on Brooklyn Boulevard will be shortened at the north end and the median break on County Road 10 currently serving 3606 58 Avenue North will be closed and the left turn lane frdm County Road 10 to northbound Brooklyn , Boulevard will be extended to just east of the proposed new access to the CVS site. This access point is about 8 ft. from the west property line and is as far back from the Brooklyn Boulevard/County Road 10 intersection as recommended by Hennepin County. Buffer and setback requirements where C -2 uses abut R -1 uses generally require a 35 ft. buffer not to be used for buildings, parking, loading or driving areas. This is a modification being sought by the applicant through the PUD process. Safety considerations are the primary justification. Other encroachments into the buffer area, although not as great, are being sought for a driving lane and are proposed to be offset by an 8 ft. high maintenance free opaque fence with a dense row of coniferous trees to offset the encroachment. The encroachment will vary from 5 ft. to 18 ft. A similar buffer /screening proposal for the retail redevelopment PUD at the northeast corner of Brooklyn Boulevard and 69 Avenue North was approved a couple years ago. Encroachments were allowed in that case where the backs of R -1 properties abutted with the development. The 8 ft. high screen fence should not be carried too close to the County Road 10 right of way line so as to cause sight obstructions on County Road 10 or for the neighboring property to the west. Parking for the CVS facility will be to the south of the building where 64 parking spaces are to be provided. The applicant has proposed an accessory parking arrangement with the dental clinic to the north to provide exclusive rights to ten more parking spaces on the dental site. 2 -17 -05 Page 6 The parking requirement for a 13,000 sq. ft. retail building is 72 parking spaces based on a parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross building floor area. The 74 parking spaces to be provided will exceed the minimum requirement provided the proper deed restriction is executed and filed with the titles to the respective properties encumbering the ten spaces for the sole use of the CVS Pharmacy. The location of the building is close to the north property line although meeting minimum setback requirements of 10 ft. The drive lane that circles the building will be on a portion of the dental clinic property as it approaches the pharmacy pick up location. Stacking for this pick up point should be sufficient and should not interfere with the traffic flow on site. The drive lane to the west of the building will be one way (south) and it is at this location that the 35 ft. buffer is encroached upon by 5 ft. The building could be shifted 5 ft. to the east and not encroach on the 35 ft. setback off Brooklyn Boulevard but it would mean a one way (north) drive lane around the east side of the building. Perhaps the applicant could look at such a modification. Then the only buffer encroachment would be at the southwest corner of the site. GRADING/DRAINAGE/UTILITIES The applicant has provided preliminary grading, drainage, utility and erosion control plans which have been reviewed by the Director of Public Works /City Engineer. Attached for the Commission's review is his February 2, 2005 memorandum reviewing the proposed project. The Public Works Director has indicated that all water and sanitary sewer services for the houses that will be removed from the site must be done at the mains and in accordance with specifications available at the City Engineering Department. He also notes that the sanitary sewer and water mains located in the western portion of the Brooklyn Boulevard right of way are adequately sized to provide these services to the site. B -612 curb and gutter is required around all driving and parking areas. A parking lot expansion on the north side of the dental clinic site is proposed which will add parking 22 parking spaces for the clinic's use. A drive lane connecting to the access to Brooklyn Boulevard at the northwest corner of the site is also provided. This parking and driving area is to be bound by B- 612 curb and gutter. Among other things, the Director of Public works has indicated that the applicant needs to provide a storm water management plan including drainage calculations and detailed design drawings for proposed water management facilities. The proposal shows rain gardens to control the rate and quality of storm water discharges. These are located at the north end of the dental clinic site, to the west of the CVS Pharmacy building, to the east of the Pharmacy building in the 15 ft. green strip area and at the southeast corner of the CVS site. Storm water management facilities have to be incorporated into the site development plans to control the total discharge rate from the site to avoid over loading the existing storm sewer system within Brooklyn Boulevard. Connection to the storm sewer system within Brooklyn Boulevard is subject to approval by Hennepin County. The utility plan needs to be revised to include on site storm sewer to convey excess run off from the proposed rain gardens. A utility maintenance agreement will be required with the owners of the two lots to provide for the long term maintenance of storm water facilities within the development sites. He notes that erosion control measures are to be installed prior to starting grading operations and prompt removal of all 2 -17 -05 Page 7 dirt and mud tracked on to public streets during the construction process is required. In addition, an NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency before any work on the site. LANDSCAPING /SCREENING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. As indicated previously, the CVS site is 1.53 acres and the dental clinic site is 1.03 acres. One hundred twenty two landscape points are required under the retail type of development comprehended by the CVS proposal and 103 landscape points are required for the dental clinic site under an office type development. This amounts to 225 total points for the two sites. The applicant proposes to meet the requirement by providing a variety of plantings totaling 359 landscape points. Four mature shade trees are planned to be saved on the site and are all located along the Brooklyn Boulevard green strip, one by the CVS Pharmacy and the others in front of the dental clinic: Eleven new shade trees including Red Maple and Honey Locust are proposed along the County Road 10 green strip, the Brooklyn Boulevard green strip and at the north side of the dental clinic site. Five Spring Snow Crab Apple, decorative trees, are also planned for the north side of the dental clinic site. Twenty one coniferous trees are planned along the west property lines of the pharmacy and dental clinic sites. Seven Balsam Fur are to be planted next to an 8 ft. high maintenance free fence west of the pharmacy parking lot to offset buffering requirements in this area and 14 Black Hills Spruce are provided along the west property line of the dental clinic, apparently for screening of this commercial facility from the abutting residential. One hundred thirty one shrubs such as Alpine Currant, Arcadia Juniper, Wilton Carpet Juniper and'Service Berry are provided in planting areas i along the County Road 10 green strip in parking island areas of the pharmacy as well as around the perimeter area of the pharmacy. A shrub bed is also provided in the southwest region of the dental clinic site. With respect to buffering and screening, it is required along the western side of the two lots. The underlying C -2 zone requires a 35 ft. buffer and an 8 ft. high opaque screening device where it abuts R -1 zoned property. Where C -1 property abuts R -1, a 15 ft. buffer is required. A minimum of a 6 ft. high opaque fence or City Council approved substitute is required when a parking lot of more than six vehicles abuts R -1 zoned property. The applicant, as part of the PUD, is seeking modification to these requirements to allow a less than 35 ft. buffer. A 30 ft. buffer would be provided for west of the driving lane adjacent to the CVS Pharmacy building and an approximately 17 ft. buffer tapering down to 8 ft. at the property line is proposed to the west of the parking lot. The applicant proposes to offset these encroachments by having an 8 ft. high opaque maintenance free compost fence, similar to that at the 69 and Brooklyn Boulevard retail redevelopment, along with seven Balsam Fur (7 ft. high at planting) and shrubs in the green area. In the area where the buffer is 30 ft., a Black Hills Spruce will be planted. In the C -1 15 ft. green strip, 14 Black Hills Spruce would be provided to meet the screening requirements. The applicant has been urged to meet independently with neighboring property owners particularly in this area to explain the proposal and to get reaction to the screening and buffering plans. I have not had any indication that such contact has been made. 2 -17 -05 Page 8 ■ • It would be the staff s opinion that this area be provided with more landscaping such as coniferous trees in the 30 ft. buffer area and possibly some screen fencing where the dental clinic parking lot abuts with the R -1 property. Pedestrian access breaks in the fencing might be warranted depending on individual preferences. Meetings were conducted and proved beneficial in the PUD proposals for the retail development at 69' and Brooklyn Boulevard as well as the SuperAmerica PUD at 57 Avenue and Logan. We do not require the Neighborhood Advisory Group meetings as we have in the past because the City is bound by State Legislative mandate to give an applicant an answer to a property submitted zoning application within 60 days of its receipt. It should be noted that underground irrigation is required to be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances. BUILDING The applicant has submitted building elevations for their proposed building. The building exterior is to be primarily a medium yellow EIFS with a red brick accent around the lower level and on columns. A decorative EIFS cornice is proposed around the top of the structure. The Brooklyn Boulevard and County Road l0 elevations show display windows and a decorative entrance canopy is located at the southeast corner of the building. A canopy is provided over the drive up pick up location at the northwest corner of the building. Parapet walls should serve as a screen for roof top mechanical equipment. • LIGHTING AND TRASH, The applicant has submitted a lighting plan indicating the proposed foot candles for lighting on the site. Section 35 -712 of the City's Zoning Ordinance requires that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than three foot candles measured at property lines abutting residentially zoned property. A review of the foot candles proposed indicates that the three foot candle limitation is exceeded in a couple of spots along the west property line. Modification to the lighting plan should be made to meet these minimum standards. Freestanding light poles are proposed for the island areas south of the pharmacy building and canopy lights are proposed under the drive up. In addition, either wall mounted or lights to provide a building wash are provided around the perimeter of the pharmacy building. Our main concern, as always, is that all lighting be shielded and directed on the site to avoid glare to abutting properties and abutting street right of way and that it be consistent with the standards stated above. An 8 ft. high masonry trash enclosure with a face brick exterior to match the existing building is proposed to be located along the west side of the site just north of the CVS Pharmacy building. The gates are to have cedar slats attached to a galvanized frame to provide opaque screening. The enclosure will screen a dumpster and compactor to be located within it. • 2 -17 -05 Page 9 IL PROCEDURE , Rezoning applications in the past that have been considered by the Planning Commission were typically referred to the respective Neighborhood Advisory Group for review and comment. In this case, that would be the West Central Neighborhood Advisory Group. However, State Statutes require the City to respond to zoning applications within a 60 day time limit from the day a properly submitted application has been filed with the City. This application was filed on January 20, 2005. Due to zoning requirements for notice and publication, the application needs to be submitted approximately four weeks prior to the Planning Commission's Public Hearing. The clock, however, begins on the date the application is accepted. Therefore, the zoning decision must be made by the City Council no later than March 21, 2005. Almost 30 days of the required 60 day time frame will have expired before the Planning Commission can hold its public hearing. This requirement makes it difficult for the City to hold the Neighborhood Advisory Group meetings we normally have. The Planning Commission instituted a new procedure because it still wishes to receive Neighborhood Advisory Group input with respect to these rezoning applications. We have invited the West Central Neighborhood Advisory Group members to the meeting and are encouraging their comments and participation at this evenings meeting. A staff report will be delivered to the Neighborhood Advisory Group members at the same time that it is delivered to the Planning Commission members. Hopefully they will have time to review the matter and make comment to the Commission at Thursday evening's meeting. 'It should be noted again that the applicant was encouraged to meet with neighboring property owners and was provided a list of the notice being sent for public hearing. We particularly encouraged the applicant to meet with neighbors abutting along the west side of the site because • they would be particularly affected by their proposal: I am not aware if any contact was made. A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post and notices have been sent to neighboring property owners. The Planning Commission, following the public hearing may wish to consider a draft resolution, which has been prepared for consideration. The draft resolution outlines various possible findings with respect to the Planned Unit Development Rezoning and minimum conditions related to the development plan approval. the Planning Commission must decide and recommend as to whether or not it believes this application is sufficient. There are a number of points that we believe need to be addressed, such as screening along the west side, as well as other recommended changes. The draft resolution is presented for discussion purposes. The Commission should keep in mind that the applicant can insist on having an answer to their zoning request within the 60 day time limit established by the State Legislature. 2 -17 -05 • Page 10 q %mo AIM I 83RD. AVE. N. V4ESTFlFd� 2 - Z STATION �" C2 DA .N.�. 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Anderson Engineering Rik er Minnesota, LLC • �� "t ..1..:' ,,FF�n/ ,� - -_ _ -__ _ - _ - -_ m em w�+MUWa KlwtR s.w J 016m9R mm +ela RIGHT SIDE ELEVATION a.1 wua yr - r - e - Imu CVS/ it • • - - .�T^T •� WN AVE k BIUX*M BLAO mm w OD11FR m 5 .. • . .. ' .. I . DEVELOPER• Limn+ele. e. N9 RIR ors 9cucamAC..nrtw � REAR ELEVATION _ PENSIONS: _ 1 -20 -05 PREUUwARY PLANS - - "A T COMO: RAF . oIAIIIAIfi YGR RAi } k ORAIIIND 9Y: RAF 4 • _ n D 200A OCTOBER & m N9Ng9 11029 — ELEVATIONS s-w —em Q LEFT SIDE ELEVATION A -1 A a.1 scaA::�e - r.o• morns Nor RnEA4D s0R CaN919I1eI�ar1 RECEIVED CITY OF BROOKLYN CENTER OLCADIS AACM1043 25200 7DECRAP11 ROAD swffw womm 48= (248) 936- 1" FtL (249) 976 -6199 TO 5 16 �, T'' 44 lCONSULIANT I T w An=nrn-nng III LC 0 Lifl I I CVS/ MR Mum AW 0 BROOKLIN alo DEVELOM: A.6 O -WSMS.. 720-05 MVLMMARY PE s O M EZZANINE FLOOR PLAN :AF AF OR— RAF DATE: OCTOBER 0. 2004 JF� 11029 0, FLOOR LAN nL. A_ FLOOR PLAN w. re TW& OWN A" omm UMU. 911 W. W4 0. w It m m �x Mmwmmw u 00¢0 I -- I --w , = - 11 —� 0 — M W,— 1 1 -- " smbcz IV" flizzoo m A-2 OVAL A W.Ww. WNW. OM m POT IMLEAM FM CONSIWCTM RECEIVED JAN 2 0 9005 CITY OF BROOKLYN CENTER ANDERSON ENGINEERING of Minnesota, LLC CIVIL ENGINEERING & LAND SURVEYING 13400 15th Avenue North, Suite B - Plymouth, Minnesota 55441 - Tel: 763.383.1084 - Fax: 763.383.1089 January 20, 2005 RECEIVED Mr. Ron Warren JAN 2 i � 2005 Planning &Zoning CITY OF BROOKLYN CENTER 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Re: Narrative; CVS Development and Rezoning Application Dear Ron: We are pleased to make application for the development of a CVS /pharmacy at the corner of 58 Avenue and Brooklyn Boulevard, in Brooklyn Center. We hope that the application and all associated materials are complete and to your satisfaction. The following is a brief overview of the proposed development. Additionally, we will be proposing a zoning change. Consequently, we will be addressing Brooklyn Center's guidelines for rezoning as well. THE PROPOSED DEVELOPMENT • Existing Development As outlined on the attached site plan, CVS proposed to purchase and develop five lots on the northwest comer of 58'" Ave & Brooklyn Boulevard. Currently, each lot is occupied by single family homes with driveway access, as they apply, to each road. Two of three lots fronting 58"' Ave are zoned R -1, while the remaining three parcels are zoned C -1. Additionally, three lots are to be included in this development. The same owner retains the lots, the southern two of which are developed and operating as a dental office. The third, and northernmost is currently undeveloped. All of these lots are zoned C -1. Replatting We are proposing to replat the five CVS /pharmacy lots to one parcel, and, as part of this application, the three parcels to the north are to be replatted to one parcel. Additionally, CVS /pharmacy shall enter into a lease easement arrangement with the owner of the adjacent parcel for the purpose of securing cross parking and access agreements. Access Hennepin County Transportation staff has been included in the access planning for this development. Initially, they have approved and access plan as reflected on the attached site plan. City staff has been included in this planning, and the city shall require that additional entrance signage be placed at the northernmost full access of the development. Hennepin County proposes additional adjustments to concrete medians on both 58 Ave and Brooklyn Boulevard, of which, 58"' Avenues has been shown on the site plan. L A N D DEVELOPMENT - MUNICIPAL - HIGHWAYS - RA I L R O A D S SURVEYING *WETLANDS - EN V I R O N M E N T A L A S S E S S M E N T S l __ IF;c"CEIVED Anderson Engineering of MN, LLC Page 2 of 3 Narrative — Brooklyn Center () 2005 January 20, 2005 Rezoning CITY OF BROOKLYN CENTER This application shall include a proposed rezoning of all aforementioned, replatted parcels. The two new, and separate parcels are proposed to rezone to a PUD designation. The proposed CVS will adhere to underlying C -2 development guidelines, while the adjacent parcel will maintain it's current C -1 designation as it pertains to development guidelines. A PUD agreement is to be negotiated and discussed between both parcel owners and the city. This agreement shall place restrictions on future land use and development as agreed upon. Discussions concerning this agreement are forthcoming. The CVS /pharmacy development proposes to place travel lanes within the 35' screening and landscape buffer as outlined in the code. Hennepin County has asked that full access from 58 Avenue be as far to the west on the parcel as possible to allow for increased staging for the intersection. A 15', one way traffic lane from the pharmacy pick up /drop off also infringes on this setback to a lesser extent. CVS proposes to work with staff to provide additional screening measures necessary to promote the separation of land uses. Fencing and screening applications. have been included on the Site and Landscape plans for your review. Additionally, this proposal has worked to preserve mature, existing trees where it can. As surveyed, the existing parking for the adjacent parcel infringes within the 15' rear setback. As proposed, the development of additional parking for this parcel continues along existing curb lines. Additional screening measures, in the form of landscape material, have been proposed to . offset this. Brooklyn Center Rezoning Guidelines The following are guidelines set forth in section 35 -208 of the zoning code that pertain to this O proposed development, that consider the merits of a rezone; in this case from R -1 & C -1 to PUD: 1. Is there a clear and public need or benefit? The site lies in proximity to high level commercial land usage. A PUD provides flexibility of development while providing the public with control over land use applications. 2. Is the proposed zoning consistent with and compatible with surrounding land use c/assifcations? Adjacent and to the east, a PUD with commercial land use application has been approved and enacted. 3. Can all the permitted uses in the proposed zoning district be contemplated for the development of the subject property? Current zoning of affected parcels does not allow for the proposed use. 4. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? Yes. To the east, commercial zoning has been increased. 5. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? Measures have been taken to minimize impact of the new zoning classification on adjacent, non - similar zoning, as it relates to screening. Current zoning is less restrictive to this end and a rezone as requested will require a more comprehensive screening application. 6. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? The proposed CVS /pharmacy parcel seeks to combine 5 single family parcels, with driveway access to 58 Avenue and Brooklyn Boulevard, into one parcel with controlled access. Existing concrete medians work to restrict full movement of individual parcels. Coordination with the adjacent property owner helps to ensure safer circulation as a larger development. Given the traffic load of this intersection, a larger PUD proposal works best in the design of save traffic circulation. Anderson Engineering of MN, LLC Page 3 of 3 Narrative — Brooklyn Center January 20, 2005 Additionally, stormwater applications can be applied to a larger development, and not as • individually, or smaller development proposals could. 7. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The combining of parcels along Brooklyn Boulevard works best to effectively control development and traffic along this busy corridor. Through PUD zoning, the city can negotiate controls of land use as promotion to the community's best interests. A retail land use falls reasonably with adjacent land uses within this sector of the city. Per the guidelines, it has been interpreted that items E and H are not applicable to this proposal, or are best addressed by staff. CONCLUSION This narrative works to address the proposed development with relation to zoning and platting concerns. Thank you for your assistance and guidance through this phase of our development. Sincerely, Q P s Fairbro her, L.A. Anderson Engineering of Minnesota, LLC • RECEIVED jAN 2 0 2005 CITY OF BROOKLYN CENTER • City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. 1'uraose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Po_ lieu It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or -to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its. merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City - initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses`parmitted•in the present zoning district, with . respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35 -208 Revised 3 -01 Section 35 -341. 0-2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, playgrounds, athletic fields and other recreational uses of a noncommercial nature. b. Commercial recreational facilities of a semi -open nature such as golf courses and golf driving ranges. c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: 1. Off - street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35 -355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD- MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: City of Brooklyn Center 35 -45 July 24,2004 a • 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD -NMD, the Council shall specify regulations applicable to uses and structures in various parts of the district. c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD -NIMD, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the . floodway or flood fringe overlay districts and excluding existing rights- of- way, the City finds that at least one of the following conditions exists: 1. There, are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35 -400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. • City of Brooklyn ty Center 35 -46 July 24,2004 IL c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35 -7.00 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or'which are otherwise approved by the City. Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. • c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subj ect to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City, except that these subdivisions and plans must be in conformance with all watershed, state, and federal storm water, erosion control, and wetlands requirements. Subdivision 5. Application and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. • City of Brooklyn Center 35-47 July 24,2004 Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or_ convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan, including temporary and permanent erosion control provisions; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 8. A site plan showing the location of all structures and parking areas; • 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35- 210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35 -210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the .time limits established by Section 35 -210 of this ordinance. City of Brooklyn Center 35 -48 July 24,2004 Approval of the development plan shall constitute rezoning of the property to PUD and • conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35 -208 of this. ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35- 230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. City of Brooklyn Center 35 -49 July 24,2004 h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 1.2 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. • City of Brooklyn Center 35 -50 July 24,2004 DRAFT DRFr-F its adoption: Member introduced the following resolution and moved PLANNING COMMISSION RESOLUTION NO. 2005 -01 RESOLUTION REGARDING THE RECOMMENDED THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005 -003 SUBMITTED BY BEAR CREEK CAPITAL, LLC WHEREAS, Planning Commission Application No. 2005 -003 submitted by Bear Creek Capital, LLC, proposes rezoning from R -1 (One Family Residence) and C -1 (Service Office) to PUD /C -2 (Planned Unit Development/Commerce) , of five contiguous lots totaling 66,517 sq. ft. or 1.53 acres in area located at the northwest corner of County Road 10 (58 Avenue North) and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 13,000 sq. ft. CVS Pharmacy on the proposed Lot 1, Block 1, CVS Brooklyn Boulevard Addition; and WHEREAS, the Planning Commission held a duly called public hearing on February 17, 2005 when a staff report and public testimony regarding the rezoning and development plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City' s Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City' s Zoning Ordinance and the City' s Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2005 -003 submitted by Bear Creek Capital, LLC 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 proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing a portion of a drive lane to encroach in a Page 1 IL DRAFT DRAFT , 35 ft. buffer area located along the west side of the site. This modification from the C -2 standard is justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City' s Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 25 -308 of the City' s Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2005 -003 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, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance or 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 for both the CVS Pharmacy site and the dental center site. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. Page 2 DRAFT DRAFT 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. An off site directional sign shall be provided at the shared access on Brooklyn Boulevard indicating that it is an entrance for the CVS Pharmacy site. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The owners of the CVS Pharmacy site and the dental center site shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to issuance of building permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. No building permit will be issued for construction of the proposed building until the plat comprehended under Planning Commission Application No. 2005 -002 has been given final approval by the City Council and filed with Hennepin County. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Approval of this Planned Unit Development acknowledges the C -2 underlying zoning district as authorizing C -2 uses generally. This site, however, may not be used for any land uses not authorized in the Central Commerce Overlay District (CC) per Section 35 -2240 of the City Ordinances. 16. The owners of the CVS Pharmacy site and the dental clinic site shall execute a deed restriction to be filed with the titles to the respective properties encumbering ten parking spaces on the dental clinic site for the sole use of the CVS Pharmacy. 17. Cross access and parking agreements, as approved by the City Attorney, shall be executed by the owners of the two respective sites. Page 3 I DRAFT DRAFT 18. The development plan shall be modified in the following manner: a. To provide additional landscaping in the reduced buffer areas such as coniferous trees to provide additional screening from the abutting R -1. b. Modification to the lighting plan so that allowed foot candle levels are consistent with Section 35 -712 of the City Ordinances. Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Page 4