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HomeMy WebLinkAbout2005 10-27 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER OCTOBER 27, 2005 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - October 13, 2005 4. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5. THE LUTHER COMPANY LIMITED PARTNERSHIP 2005 -015 • Request for Rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of three contiguous lots located easterly of Brooklyn Boulevard between I -94 and 69' Avenue North and development plan approval through the PUD process for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property. 6. THE LUTHER COMPANY LIMITED PARTNERSHIP 2005 -016 Request for Preliminary Plat approval to divide and combine to reconfigure two existing lots addressed as 6800 Brooklyn Boulevard and 6700 Brooklyn Boulevard. This application is a companion application to 2005 -015. 7. Other Business 8. Adjournment Application Filed on 9 -29 -05 City Council Action Should Be Taken By 11 -28 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -015 Applicant: The Luther Company Limited Partnership Location: 6700 & 6800 Brooklyn Boulevard and 4215 69th Avenue North Request: Rezoning/Development Plan Approval/PUD C -2 The applicant, The Luther Company Limited Partnership, is requesting rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of three contiguous lots located on the easterly side of Brooklyn Boulevard between I -94 and 69 Avenue North and development plan approval for a two phased redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property. Three parcels are involved in the PUD proposal and include 4215 69 Avenue North and 6700 and 6800 Brooklyn Boulevard. The properties under consideration are all currently zoned C -2 and are bounded on the north by 69 Avenue; on the east by R -3 (Multiple Family Residence) zoned property containing non- conforming single family homes and a townhouse complex along with R -1 zoned property containing four single family homes; on the south by I -94 right of way; and on the west by Brooklyn Boulevard with C -2 zoned property on the opposite side of the street. The Luther Company has acquired all the automobile dealership property in this area. Phase One . of their proposal involves the expansion of the existing Brookdale Dodge operation showroom/service building (6800 Brooklyn Boulevard) and the remodeling of the building at 4215 69 Avenue North to accommodate their proposed Dodge truck center. Also proposed under the first phase is the demolition of all of the former Ryan Olds buildings (6700 Brooklyn Boulevard) with an interim use of a portion of this site for accessory automobile parking and display. Phase Two, which would be considered at a later time under a Planned Unit Development Amendment, would be the redevelopment of the vacant site as a new Luther Company automobile dealership. Planning Commission Application No. 2005 -016 for preliminary plat approval proposes to shift the property line between 6700 and 6800 Brooklyn Boulevard to accommodate the proposed development. Approval of that application is essential for this plan to go forward. The applicant is seeking the PUD /C -2 rezoning to accomplish the above mentioned redevelopment. Under the current C -2 zoning, automotive repair is not allowed to abut R -1, R -2 or R -3 zoned property at a property line or a street line. Such abutment exists along the east property lines of the two automobile dealership properties and also along the north side of 69 Avenue North. Expansion or redevelopment of the auto service areas, which are part of the Phase One and Phase Two plans cannot go forward, other than under the PUD process, which can comprehend such a modification. The applicant believes this modification can be offset by the screening and buffering they provide to these residential properties. It should be noted that the PUD process was used to allow expansion and redevelopment of the Brookdale Chrysler 10 -27 -05 Page 1 property at 62" and Brooklyn Boulevard and the Brookdale Mitsubishi dealership where similar residential abutment existed. The applicant also propose a less than 15 ft. green strip along Brooklyn Boulevard for the Dodge operation where the existing green strip is approximately 7.5 ft. due to right of way taking to accommodate the expansion of Brooklyn Boulevard. Furthermore, they seek a waiver from the requirement that the lot at 4215 69 Avenue North be combined into a single lot with the Brookdale Dodge site because the two lots are under common ownership and proposed for common use. The applicant notes that cross access and parking easements will accomplish the same purpose without the need to formally combine the lots, which they have been advised not to do because of potential environmental issues relative to the migration of contaminants from the former Pilgrim Cleaner's site. As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case C -2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant will be seeking modifications to allow automotive repair to abut R -1, R -2 or R -3 zoned property, an encroachment into the required 15 ft. green strip adjacent to street right of way; and to not be required to combine two parcels of land under common ownership proposed for common use. Their plan for offsetting the abutment issue is to have an 8 ft. high fence contained within a 35 ft. buffer strip, which has been in existence for many years and has proved to be sufficient and adequate screening and buffering from the automotive repair uses which have been conducted on these sites for over 40 years. No offsetting or mitigating factors have been provided for the reduced green strip along the street right of way line. A cross access and parking arrangement for free flow between the two sites under common ownership are proposed to offset concerns regarding this matter. The Planning Commission's attention is directed to Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments (attached). REZONING The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlines in Section 35 -210 of the zoning ordinance as well as being consistent with the City's Rezoning Evaluation and Review Guidelines contained in Section 35 -208. The Policy and Review Guidelines are attached for the Commission's review. The applicant has submitted a written narrative describing their proposal and has made some written comments relative to what they believe to be the positive impacts of their development (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 10 -27 -05 • Page 2 � r policy states that rezoning classifications must be consistent with the City's Comprehensive Plan • and must not constitute "spot zoning ", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's proposal. The applicant has not specifically addressed each of these guidelines in their written submittal. a. Is there a clear and public need or benefit? It is the staff s opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the city and is also consistent with the City's Comprehensive Plan. The proposal should balance the business needs of the community with that of surrounding properties. It is not anticipated that this proposal will be a detriment, but on the other hand, should have a positive factor in providing a positive effect on the community. The City's Comprehensive Plan acknowledges this area to be devoted to retail business. Certainly an automobile dealership fits within that recommended land use. The Brooklyn Boulevard Study which is cited in the Comprehensive Plan refers to • the regional significance of the automobile dealerships on Brooklyn Boulevard as an important attribute to the community. Automobile dealerships with service operations have existed in this area for many, many years and have not proven to be detrimental to surrounding property, particularly the abutting residential property because of the significant screening and buffering that has existed in this area. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The applicant seeks the C -2 underlying zoning district under this PUD proposal, which is the same zoning district that currently exists. No new uses would be introduced with the proposal at hand nor would incompatible uses be considered under the Planned Unit Development. It is believed that the proposal made by The Luther Companies can be considered consistent and compatible with surrounding land use classifications given the fact that no changes or encroachments into the buffer, setback and screening that currently exists will be done. A 35 ft. buffer will be maintained where the Dodge dealership abuts with the R -3 zoned property and the 8 ft. high screening will also continue. When the old Ryan site is developed, additional buffer will need to be provided to meet the 35 ft. requirement and 8 ft. of screening will continue in this area as well. With • 10 -27 -05 Page 3 respect to the across the street abutment along 69 Avenue with R -1 zoned property, it should be noted that between 150 and 200 feet of street right of way • exists between the north and south sides of 69 Avenue North. We are not aware of any conflicts with the automobile use, particularly the automotive service and repair operation with the abutting properties on the north side of 69 Avenue. No change in use will exist and, therefore, we would conclude that the proposed Planned Unit Development can be considered consistent and compatible with surrounding land uses. C. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The current zoning of the property is C -2 and all general commerce permitted and most special uses can be comprehended on the property. Currently the ordinance does not allow automobile service and repair to abut residential property, thus the applicant's request for the Planned Unit Development proposal. At this point in the Planned Unit Development only automotive sales, leasing, service and repair would be conducted within the Planned Unit Development. Modification or changes to these uses would require an amendment to the Planned Unit Development. The underlying zone would allow uses that are currently allowed in the existing C -2 zone. d. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? The most significant zoning classification change in the immediate area affected the property at the northeast corner of 69 Avenue and Brooklyn Boulevard. That was a PUD /C -2 rezoning of that property to accommodate the redevelopment, which included a Culver's restaurant, the SuperAmerica gasoline service station and a strip center commercial development. Various modifications to the underlying C -2 zone were authorized through that Planned Unit Development allowing some minor buffer encroachments into the 35 ft. buffer where R -1 abuts C -2 and some reduced green strips along the public right of way where decorative fencing was utilized to offset the reduced green strip. The current PUD /C -2 proposal can certainly be considered consistent with the rezoning at 69 and Brooklyn Boulevard. There have not been any other significant changes in zoning since this property was originally zoned for commercial development in the late 1960's. Physical changes in the area such as the widening of 69 Avenue North and the upgrading of Brooklyn Boulevard have only solidified the commercial zoning in this area and the desirability of this property for automobile sales and service. 10 -27 -05 Page 4 ■ r e. In the case of City initiated rezoning proposals, is there a broad public purpose evident? This evaluation criteria is not applicable in this case because it is not a City initiated rezoning proposal, but rather a developer initiated proposal. L Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? We believe that for the most part, the proposal will bear fully the development restrictions for this Planned Unit Development with some deviations from the standard ordinance requirements requested. The property line abutment with the automotive repair use seems to be offset quite well by the existing and proposed buffer, screening, and setback requirements. The cross access arrangements proposed and deed restrictions can offset the requirement at this time to combine 4215 69 Avenue North with 6800 Brooklyn Boulevard. At some point in the future, however, when environmental issues are no longer a factor, these properties should be combined through a platting or Registered Land Survey. The applicant's proposal for the reduced green strip because of the highway taking and widening is not offset or mitigated by any plan considerations. The applicant points out that circulation on the site would be affected negatively if the 15 ft. green strip were imposed. In cases where the city, under Planned Unit Developments, has allowed less than 15 ft. green strips, they have been offset by • decorative fencing in the area. These were the cases for the PUD's at 69 & Brooklyn Boulevard, the SuperAmerica station at 57 and Logan and the hotel water park on Earle Brown Drive. It would seem appropriate that a similar treatment should be implemented in this case or the 15 ft. green strip be established in its entirety. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The underlying zone is the same as the existing zone and the C -2 uses certainly are appropriate for this area. It can't be said that the existing uses are unsuited for the particular area, as the same type of uses will be conducted under the Planned Unit Development. It certainly seems appropriate to continue with the automotive uses in this area of the city. h. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? It appears that the proposal has merit beyond just the particular interests of the developer and should be a redevelopment that can be considered compatible with • 10 -27 -05 Page 5 r surrounding land uses. The proposal is also consistent with the City's Comprehensive Plan for this area which calls for retail business. The automobile dealerships in the area north of I -94 and south of 69 Avenue North have been a stable commercial use in this part of Brooklyn Center for over 40 years and there is no direction to attempt to change these land uses only to upgrade them. The applicant's proposal can be considered to be in the best interest of the community. As far as developable land in Brooklyn Center, there is none to speak of. All progress and development in the future will be basically as expansion and redevelopment. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? We believe the proposal to have merit beyond just the particular interest of the developer. It will lead to a development that, we believe, can be consistent and compatible with surrounding land uses. The proposal, with some possible modifications, will provide a quality development that is consistent with the City's Comprehensive Plan and be in the general best interest of the community. SITE AND BUILDING PLAN PROPOSAL As mentioned previously, the applicant is proposing a two phase redevelopment and expansion of the automobile dealerships on the easterly side of Brooklyn Boulevard between I -94 and 69 Avenue North. The Luther Company owns the properties at 4215 69 Avenue North (old • Taystee building); 6800 Brooklyn Boulevard (Brookdale Dodge) and 6700 Brooklyn Boulevard (former Ryan Olds property). These properties are being replatted under Planning Commission Application No. 2005 -016. Phase One of the proposal is to demolish the northerly portion of the building at 4215 69 Avenue North that at one time served as a retail space, leaving the former distribution center, which will be converted into a showroom with a retail entrance along the west wall. The grade in this area will be altered and paving provided to provide full access between this new truck center and the existing Dodge dealership. Phase One includes two additions to the existing Dodge building. A 4,640 sq. ft. two story addition will be made at the southwesterly corner of the building to include administrative offices and parts storage. A 1,920 sq. ft. addition will be made to the east end of the service garage for a four bay vehicle prep area. Also as part of Phase One, all of the buildings at the former Ryan dealership, 6700 Brooklyn Boulevard, will be demolished. Minimum site work will be accomplished for interim vehicle storage and display in this area. They note that site fencing and security lighting will be replaced. It should be pointed out that fencing on the former Ryan site should be a minimum 8 ft. high screen fence because of the abutment with residential (R -3 and R -1) property to the east. Phase Two of their proposal, which will require a PUD amendment, will be the redevelopment of the entire former Ryan property for a new, full service automobile dealership. We have also previously mentioned the modifications to ordinance standards the applicant is 10 -27 -05 • Page 6 proposing through the PUD process. These include allowing an expansion to the automobile • repair facility abutting R -1, R -2 or R -3 zoned property; a less than 15 ft. green strip along portions of the Brooklyn Boulevard right of way; and the requirement to combine 4215 69�' Avenue North into a single parcel with 6800 Brooklyn Boulevard because of common ownership and common use. Recommendations regarding these items will be offered as we review applicable parts of the plan. ACCESS/PARKING /GREEN STRIPS The four access points to the sites remain unchanged. A right in, right out access to the former Ryan site off Brooklyn Boulevard; a shared access between the Brookdale Dodge and former Ryan site at 68 Avenue North and Brooklyn Boulevard; an access with a median break off 69 Avenue North serving the proposed truck center; and a right in, right out access currently serving the Brookdale Dodge service /storage area. No new access to the site is proposed nor recommended. As mentioned, internal access between the truck center and the Dodge dealership will be provided ultimately allowing access to the former Ryan site as well. Cross access easements between the properties as approved by the City Attorney will need to be developed, executed and filed with the titles to the properties. Parking for the site is based on a combination of parking formulas. The retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of the buildings; the office parking formula of one space for every 200 sq. ft. gross floor area for the office portions of the buildings; one space for every service bay and one space for every service bay employee for • the service garage area; one space for every 800 sq. ft. gross floor area for strictly storage areas; and two parking spaces for service vehicles. Required parking is 105 spaces for the 35 service bays (3 X 35); 40 spaces for day shift service garage employees; two spaces for service vehicles; 33 spaces for 6,501 sq. ft. of office area (6,500 sq. ft. — 200); 25 spaces for the 4,422 sq. ft. of retail showroom (5.5 X 4.422); 16 spaces for 12,255 sq. ft. of warehouse storage space (12,255 sq. ft. - 800); for a total parking requirement of 221 spaces. Two hundred ninety nine parking spaces are provided for the truck center and Dodge dealership property which exceeds the amount required. In addition, there are 270 display and storage spaces, some on the Dodge properties and some on the former Ryan property, which will be available to the applicant. It should be noted that all parking of vehicles whether for customers, employees or storage and display must be on a bituminous or concrete surface. No parking, whatsoever, may be done on unimproved or landscaped surfaces anywhere on the sites. As mentioned previously, the applicant is requesting modification to the city ordinances to be allowed to have a 270 lineal foot strip in front of the Dodge building to be less than the minimum 15 ft. green strip. They are really asking for an additional 235 lineal foot strip as the area adjacent to the truck center is also proposed to be less than 15 ft. This area is adjacent to Brooklyn Boulevard right of way (the former Pilgrim Cleaner's site). As the Commission is aware, the City uses building and site expansion opportunities as the time to bring sites into conformance with minimum requirements of the zoning ordinance. When the Brookdale Dodge . 10 -27 -05 Page 7 __ a site was reconfigured and a new retail showroom was built in 2001, a 15 ft. green strip along • Brooklyn Boulevard was required as part of the then plan approval and was shown on the development plans. This was prior to the time of the widening of Brooklyn Boulevard. Additional right of way apparently was taken at the time which caused the green strip to be less than the 15 ft. planned. The applicant notes this is a pre- existing condition caused by the roadway taking and they want to continue it as is. They also want to leave the curb line on the truck center to be less than 15 ft. (an additional 235 lineal feet). The applicant has been advised that the City has allowed less than 15 ft. green strips in other PUD developments only where the developer has provided offsetting or mitigating techniques. In these cases, developers have provided 3 %z ft. high decorative fences (in all cases masonry piers with wrought iron fencing) where green strips have been allowed to be less than 15 ft. Examples are the Westbrook development (SA and Culver's) at the northeast comer of Brooklyn Boulevard and 69` Avenue North; the SuperAmerica development at 57` and Logan Avenues North; the hotel/waterpark on Earle Brown Drive. Brookdale was also allowed to provide a decorative wall along Xerxes where the green strip was reduced (Note: They are committed to making this a decorative wall). It is recommended that in this case, as part of the approval process, the applicant either provide a 15 ft. green strip or a comparable decorative fence of masonry and wrought iron in the areas where the green strip is less than 15 ft. They argue that the 15 ft. green strip will adversely affect site circulation and create significant inefficiencies resulting in loss of customer and display parking. It appears that they have a significant surplus in parking and space that would allow the mentioned inefficiencies to be overcome. Again, plan approval is recommended only with a 15 ft. green strip or an offsetting decorative fence. The site plan shows what appears to be display pads in what are green strip areas adjacent to the • truck center. The ordinance provides that there shall be no off street parking, storage of vehicles nor perimeter parking lot driveways within 15 ft. of any street right of way. These proposed display areas should be removed from the plan. GRADING/DRAINAGE/UTILITIES The applicant has provided preliminary grading, drainage, utility and erosion control plans, which are being reviewed by the Director of Public Works /City Engineer. His comments relative to these items are attached for the Commission's review. Utilities for the truck center and Dodge operation already exist and no plans for alterations are proposed. Site grading will need to be accomplished around the Dodge truck center to tie that site in with the Dodge dealership. B612 curb and gutter is shown around the perimeter of the site and the off site storage and display lots. The plan calls for B412 curb and gutter in certain areas where automobile display will in all likelihood take place. The City Engineer has indicated that the B412 curb and gutter (which is a 4 inch high curb and a 12 inch wide gutter) may be appropriate in these areas where water will not have to be conveyed. Approval of the curb and gutter plan is subject to approval by the City Engineer. Drainage from these sites will be directed to a regional storm water pond that is located in the 10 -27 -05 Page 8 Palmer Lake Basin. The overall drainage plan had been reviewed and approved by the Shingle • Creek Watershed Commission at the time the regional pond was developed. It is assumed that calculations will have to be submitted to the City Engineer in order to determine the adequacy of the ponding area to handle drainage from this site. Again, it is pointed out that all parking and storage of vehicles must be on an improved hard surface area of bituminous or concrete. No vehicle parking or storage may be in landscaped or unimproved areas on the sites or within the green strips adjacent to street right of way. LANDSCAPING /SCREENING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Commission to evaluate such plans. The applicant's are providing landscaping for the 5.74 acres of disturbed land within the site. It should be noted that landscaping exists on the properties particularly along the north and west sides and also around the existing Brookdale Dodge buildings. Streetscaping was provided in the boulevard right of way portions of Brooklyn Boulevard during the widening of that facility a number of years ago. The proposed landscaping is to compliment the existing streetscaping and existing landscaping on the sites. The 5.74 acres of disturbed area requires a total of 425 landscape points. The applicant proposes to provide 428 landscape points in new landscaping including 21 deciduous trees such as Kentucky Coffee Tree, Magyar Ginko, Autumn Spirea Maple and Heritage Birch. These deciduous trees are proposed to be located on the 69` Avenue North green strip adjacent to the Dodge truck center and on the Brooklyn Boulevard green strip adjacent to the display storage parking on the old Ryan • properties. Such trees are also proposed between the existing Dodge building and the Ryan properties and an in island areas in the display /storage lot on the Ryan property. Nine coniferous trees (Black Hills Spruce) will be located in a landscape strip between the Dodge building and the old Ryan property. Thirty Nine decorative or ornamental trees are proposed such as Euonymus trees and His Majesty Cork Tree. These too will be located in the landscape strip between the Dodge building and the old Ryan property, on the green strip on the south side of the display lot and in island areas by the truck center. Two hundred forty four shrubs such as Endora Compact Juniper, Tauton Yew, Little Princess Spirea, Wintergreen Little Leaf Boxwood, Bush Honeysuckle, and Dwarf Burning Bush are to be planted in island areas surrounding the monitoring building adjacent to the Dodge truck center and also in island landscaped areas around the truck center. Additional landscaping will be required during Phase Two approval of a new automobile dealership on the old Ryan property and will be a subject of that Planned Unit Development amendment. With respect to screening, the ordinance requires a minimum 35 ft. buffer area where C -2 property abuts R -1, R -2 or R -3 zoned property at a property line. Such a buffer strip exists between the existing Dodge property and the abutting residential properties to the east. The 35 ft. buffer area contains an 8 ft. high combination masonry and opaque wood screening. This fence also extends along the 69` Avenue North right of way providing screening of the parking and storage lot from the residential property on the opposite side of 69th Avenue North. It is recommended that this same style screening fence be extended to the west between the two • 10 -27 -05 Page 9 r existing driveway openings servicing the Dodge truck center and Dodge operation. An existing • screen fence which screened the parking of vehicles on the old Taystee site will be removed. The recommended fencing should provide sufficient screening for the residential properties on the opposite side of 69 Avenue North. The applicant has proposed that this screening be sufficient to allow the expansion of the automotive repair facility. We concur with this comment and feel that the screening is appropriate, as it has existed for a number of years in this area without significant problems. It has also been noted that the applicant's intend to provide screening and lighting adjacent to the residential property where it abuts with the former Ryan properties. This screening too should be a minimum of 8 ft. high and should be comparable to the screening around the Dodge property. The 35 ft. buffer requirement will be applied at the time the plans for the new dealership are taken under consideration. Underground irrigation is required to be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances. Such irrigation was provided to the Dodge operation when it was expanded and such irrigation should be extended to the Dodge truck center operation if it is not already provided. BUILDING The applicant has submitted building elevations for their proposed building additions. The building exterior to the addition to the Brookdale Dodge showroom and service building will be • new EIFS to match the existing and new rockface concrete masonry units to also match the existing. The service center addition is a concrete masonry unit painted to match the existing as well. Modifications to the old Taystee building for the Dodge truck center include EIFS and rockface concrete masonry units also to match the Dodge showroom. LIGHTING /TRASH The applicant has submitted a lighting plan indicating proposed foot candles that are consistent with Section 35 -712 of the city ordinances. They have shown new lighting standards and relocated lighting standards on the site. City ordinances require that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than 3 ft. candles measured at property lines abutting residentially zoned property. A review of the foot candles proposed indicates that they are within this standard. Our main concern is that all lighting be shielded and directed on the site to avoid glare to abutting properties and abutting street right of way and that it be consistent with the standards noted above. A 16 ft. x 44 ft. trash enclosure is provided to the east of the Brookdale Dodge showroom. It will be a rockfaced concrete masonry unit of about 7 % ft. in height. Two by six inch vertical cedar panels will be attached to a steel frame gate to provide total screening of the trash enclosure area. 10 -27 -05 . Page 10 IL __ r • PLATTING A preliminary plat has been submitted under application 2005 -016, which will replat the two lots at 6700 and 6800 Brooklyn Boulevard to accommodate the proposed expansion to the Dodge showroom/service center. As indicated previously, the applicant is requesting that it not be required to combine the Dodge truck center building with the Dodge dealership building due to environmental concerns related to the clean up of the former Pilgrim site lying to the west. Given the requirement for cross access and parking agreements, we do not feel that it is necessary to require that the Dodge truck center site be combined even though the sites are under common ownership and have a common use. At some point in the future, when there are not environmental concerns related to this property, the applicant should combine these two sites into a single lot consistent with the requirements of the zoning ordinance. However, the appropriate easement agreements should suffice to meet the spirit of the zoning ordinance and such a modification is recommended. 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 Northwest 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 • September 29, 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 November 28, 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 some time ago because it still wishes to receive Neighborhood Advisory Group input with respect to these rezoning applications. We have invited the Northwest Neighborhood Advisory Group members to the meeting and are encouraging their comments and participation at this evening's 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. 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 and minimum conditions related to the development plan approval. • 10 -27 -05 Page 11 .. R1 .. w JIM Sol No IN IN �\� .� r w .. AS INK INS MIR Avg IN not SIR Wd {. 11 -� 7 1 1 �5tlp p� a�;ak, � riaX� kat 4 _ N..,»r„r«rK»., «»,�..».M...•»�., . , :,� ., �, �. n• ,..... ,.,�,� ,. _� v r y _ y � h ♦ Y ! � 4 fi � •, e � � ,,� . a ' �'l � _ • • Mrs+••• y + M1 k, i �' �'•. S � � •Y � � 1., s Y , ri � Jam' � , • jam M } } �.� �eieaaaa� a ss - - � � � �, � �, •� F ' y c, A4 tf6j x a s .• ,�,.. -..rte _ �� "�., .'e � " #, • w , City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. • Puraose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policv It is the policy of the City that .A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines • A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with 'surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City - initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses'pdrmitted'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 35-209 Revised 3 -01 a 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 1. Regulations maybe 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- MIXED, 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- MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. property The ro erty 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 Center 35 -46 July 24,2004 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 3547 July 24,2004 _. r f - 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 adj acent 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. I 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 Jul y 24 . 2004 h. If within 12 months following approval by the City Council of the development plan, no • building permits have beeri 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. i City of Brooklyn Center 35 -50 July 24,2004 City of Brooklyn Center A Millennium Community MEMORANDUM DATE: October 21, 2005 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works J�f� SUBJECT: . BRI MAR 2 Addition Brookdale Chrysler -Jeep Planning Commission Applications 2005 -15 and 2005 -16 Public Works Department staff reviewed the following preliminary documents submitted for review under Planning Commission Applications 2005 -15 and 2005 -16 for the auto dealership site located at the intersection of Brooklyn Boulevard and 69 Avenue North. • Preliminary Plat for BRI MAR 2n Addition, dated October 6, 2005 • • Sheet C -102, Demolition Plan, dated September 28, 2005 • Sheet C -103, Overall Preliminary Site Plan, dated September 28, 2005 • Sheet C -104, Preliminary Grading and Utility Plan, dated September 28, 2005 • Sheet C -601, Site Grading and Utility Plan North, dated September 28, 2005 • Sheet C -602, Site Grading and Utility Plan South, dated September 28, 2005 Preliminary Plat The applicant is proposing to replat Lots 1 and 2, Bri Mar Addition. The preliminary plat generally consists of the relocation of an internal lot line separating Lots 1 and 2 of Bri Mar Addition. Lot 1, Block 1, Chrysler Realty Addition is also shown on the preliminary plat. However, the applicant has indicated that the land within the Chrysler Realty Addition boundary will not be replatted at this time. The following recommendations regarding the preliminary plat are provided for consideration. 1. The proposed development site is adjacent to County State Aid Highway 152. A copy of the preliminary plat was submitted to Hennepin County Transportation Planning Division for review on October 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 at 68 Avenue North prior to release of the final plat. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org r 3. The final plat shall include 10 -ft wide drainage and utility easements along the perimeter of the plat and along internal property lines. The final plat shall also include a drainage and utility easement extending over the boundary of the existing signal and utility easement per Document No. 3457153 and Document No. 3457154. 4. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the proposed plat boundary for Lots 1 and 2. If the existing sidewalk does encroach into the plat boundary, the applicant shall dedicate adequate sidewalk easement to cover the encroaching sidewalk segment(s). 5. The applicant shall be responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Quest Communications and other private utility companies. 6. 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. 7. The applicant / property owner shall enter into a utility maintenance agreement with the City to provide for the long term maintenance of private utilities and storm water facilities that will serve a joint or common use between Lots 1 and 3 of the proposed plat. Water and Sanitary Sewer Utilitv Service • Public utility services are provided to the existing building within Lot 1 from water main and sanitary sewer main along 69 Avenue North. Public utility services are provided to the buildings located within Lot 2 from water main located within Brooklyn Boulevard and a sanitary sewer main extending into the site from Grimes Avenue across the southern property line of the Victoria Townhome complex located to the east. The following recommendations are provided for consideration. 1. The water services leading to the "Dodge Track Center" building and all buildings located within Lot 2 of the proposed plat do not appear to be shown on the preliminary plans. Final site plans shall be amended to show the water services to these buildings. The "Dodge Truck Center" building shall have a separate water service extending into the side from 69 Avenue North or the water service shall be subject to the utility maintenance agreement noted above. 2. The existing 8 -inch diameter sanitary sewer service extending from the `Brookdale Dodge Chrysler Jeep" building is shown as an 8 -inch diameter PVC pipe leading to a 6 -inch diameter VCP pipe that drains to 69 Avenue. The applicant's engineer shall confirm that the existing sanitary sewer service has sufficient conveyance capacity for the proposed building expansion. 3. The demolition plan indicates that a 6 -inch or 8 -inch diameter water main currently extends • under the "l story (octagon shaped) block building" scheduled to be removed. The applicant shall locate the isolation valve within the right -of -way for this water main lead and verify proper operation of the valve prior to building demolition. If an isolation valve for the water main lead can not be located at the west property line, the applicant shall install an isolation valve at the west property line in compliance with City standards as determined by the Supervisor of Public Utilities. 4. All water and sewer services for the existing buildings scheduled for removal within the plat boundary must be disconnected at the public 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. Site Lavout and Traffic Traffic access to Lots 1 and 2 of the proposed plat includes a signalized intersection at 68 Avenue North along the west boundary of Lot 1 and a right -in / right -out access point along the west boundary of Lot 2. The signalized intersection at 68 Avenue North is intended to serve both Lots 1 and 2 through a driveway access agreement that must be amended prior to release of the final plat. The anticipated land use for the site is not expected to significantly modify traffic patterns from the pre- existing land use within the site. The following recommendations are provided for consideration. 1. The applicant shall take appropriate measures to protect and preserve all trees, landscaping items, street lights and sidewalk within the public right -of -way and highway easements extending along Brooklyn Boulevard (CSAH 152) and 69 Avenue North. 2. All curb replacement adjacent to the perimeter of the plat boundary shall be Type B612 or B618. The applicant is proposing to construct curb Type B412 at several locations within the site. Type B412 curb is acceptable only in locations not adjacent to the outer perimeter of the site and where adequate drainage is available. 3. The applicant shall provide for the installation of new traffic control (Stop) signs at all site egress points that are not currently controlled by traffic signals. 4. The demolition plan indicates removal of the existing wire and wood fence along the eastern property line of the site. Replacement of the fence for security and screening purposes shall be subject to review and approval by the Community Development Department. Storm Water ManaLyement The applicant has provided data showing that the proposed site improvements reduce the impervious surface area within the site by approximately 12,000 square feet. A representative of the Shingle Creek Watershed Commission has reviewed the site plans and has indicated that the watershed will not require additional storm water management measures within the site based on the availability of existing regional treatment ponds located downstream from the site. The following recommendations are provided for consideration. • 1. The storm sewer pipe extending from structure CB #1 as shown on sheet C -601 shall be relocated to connect to the existing 27 -inch diameter storm sewer at approximately a 90 degree angle. This will require the installation of an additional storm sewer manhole structure. 2. The storm sewer plan as shown on Sheet C -602 includes the installation of new storm sewer pipes and catch basins discharging into the existing storm sewer structure adjacent to Brooklyn Boulevard. The site plan should be amended to include the replacement of the second segment of storm sewer pipe downstream from storm structure CB #7. The plan shall be amended to provide more detail as to how the new curb will tie into the existing storm structure along Brooklyn Boulevard. 3. Temporary erosion control inlet protection shall be placed at all existing and new catch basin locations where pavement is removed to accommodate the proposed site improvements. 4. Erosion control silt fence shall be installed along the property line at all locations where existing curb will be removed along Brooklyn Boulevard as part of the proposed site improvements. 5. An NPDES construction site erosion control permit must be obtained from the Minnesota • Pollution Control Agency prior to disturbing the site. The above comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final plat and site plans may require additional modifications or easement dedications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, gas and electric service, final grading and geometric design as established by public officials having jurisdiction over approval of the final site plans. �I September 29, 2005 Mr. Ron Warren Planning Department City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: PUD Application -The Luther Company Limited Partnership Dear Mr. Warren: The Luther Company Limited Partnership is submitting its PUD application for the redevelopment of the Brooklyn Center properties located at 4215 69 Ave. ( Taystee site), 6700 Brooklyn Blvd. (former Ryan property), and 6800 Brooklyn Blvd. ( Brookdale Dodge property). • Luther has operated a Chrysler Jeep dealership at 6121 Brooklyn Boulevard in Brooklyn Center since it acquired the franchise in 2001. In November of 2004, the Luther Automotive Group acquired the Dodge franchise, located at 6800 Brooklyn Boulevard. As part of the acquisition, the manufacturer required Luther to consolidate dealership operations at the 6800 Brooklyn Boulevard site and make facility modifications incorporating the Daimler Chrysler design elements and changes to accommodate operational needs. The redevelopment is a two -phase process. Phase I is the Dodge redevelopment at 6800 Brooklyn Boulevard, 4215 69 Avenue and the demolition of the Ryan properties at 6700 Brooklyn Boulevard. Phase II is a future dealership site on the south side of the property at 6700 Brooklyn Boulevard. Phase I of the redevelopment consists of modifications to the former Taystee building located at 4215 69 Avenue. The most northerly portion of the building will be removed to allow for better site circulation and the building converted from a warehouse to a showroom. A retail entrance will be added to the west side of the building and the grade of the site will be blended with the Brookdale Dodge site. This building will become the new Dodge Truck Sales Center. Also included in Phase I of redevelopment are two small additions to the existing Brookdale Dodge building. The first addition is on the west side of the building where a two story addition will include administrative offices on the ground level (2,320 sq.ft.) and parts storage on the upper level (2,320 sq.ft.). The second addition is on the east side of the building where a four bay vehicle prep area will be added (1,920 sq. ft.). 701 XENIA AVENUE SOUTH • SUITE 220 • GOLDEN VALLEY, MN 55416 tel: 763.593.5755 • fax: 763.593.0769 • web: www.lutherauto.com • email: info@lutherauto.com The former Ryan buildings located at 6700 Brooklyn Boulevard will be demolished as art of Phase I. Minimal site work will occur in the former building g footprints to accommodate an interim use as vehicle storage. Additionally, site fencing and security lighting will be replaced. The 14.69 acre site will be replaced into three separate lots. There are compelling reasons why the property lines will not be combined as part of this replat. The first is the environmental issues that accompany the Taystee site. Part of the Taystee site may be considered a Superfund site because it is directly adjacent to the active Pilgrim State Superfund Site and the groundwater and soils on it are impacted. It is our intention to use these properties as one for the purposes of a total site development, but to maintain the lots as separate for the reason cited. The Ryan property will also remain separate for the purposes of replatting. The second reason is the Dodge site is subject to site control by Daimler Chrysler and combining the properties will result in site control of the Ryan property. When the Dodge building was expanded and improved in 2001, the yard was in conformance with the 15' set back requirement. As part of the Brooklyn Boulevard expansion project 7.5' of the front yard was taken in the condemnation resulting in the condition that exists today. It is our intention as part of the PUD approval to bring the entire site into conformance in areas of new development to the 15' required setback, but in areas where there is a pre- existing condition, to leave setbacks as they exist. The specific area affected by this is the 270' strip in front of the Dodge building. Compliance with the 15' setback requirement in this area would adversely affect site circulation and create significant inefficiencies resulting in loss of customer and display parking. Phase II entails the redevelopment of the former Ryan property for a full service automobile dealership. The 15' setback requirement for this parcel will be brought into • compliance in Phase II. The Luther Automotive Group has been a part of the Brooklyn Center community for many years. We are excited about this project and continuing our positive working relationship with the City of Brooklyn Center. We thank you for your consideration for this request and look forward to answering any questions you may have at the October 27, 2005 Planning Commission meeting. Sincerely, Linda McGinty �l - ° °�` � � ! (` � 1 � iR� iE �i ' di P E @ x� °E 81 €cst € sv a •aa as a v a ■ a €� C STS H q# pp ppqq yy yyyypp yyyyyygg yyyyyy yy p yy qq qqqgg ppqq p pp ##gg pp ((yy qqpp( a e{u= 2 oe hs � • ; i t l P r �i Et t E P it t� lfi iii! iii�f f t � i f tf i i ift t ifi tt lit #i F1111 i {fit g B 5 CIM �i^ � E "• � di ' ]i�$[ � €� i !i!i ti r 1 $��F � I I � fJ � � i t 1 1 Vill 7 �itF OX / • f F _ � !-• I I ��� ' � � � SZ ON '805 1 f� i •! ;�i _ — 1 G �I s l t to i� ;r i ! op A ! 31� i t , t f � wr�r�asrarms sss nN sir+ w BA OICGkdale CFryler -Jeep Bulidag Data BAICBR �OCUTBB.INC. Type or Gon*tr ation n -O Brockdalo CNyler -Jeep Oco pang Data Orrlce/Parte Addition Orrtee 6301 8F First Floor 2920 OF Shouroo*i 4,422 OF Datallkg Bay* Addition 1,970 OF LLterehoul a 8.255 OF Service 35 bay* (18;93l OF) r..z..v.>sr.a.. Total Flr*t Floor AddILlom 4)40 SP Total SP 47115 OF ' Orflee/Part* Addition 1 Luther Brookdale Mamranlne 7920 OF Chrysler - Jeep Parts Ularehou*e addition Mezzanine 1170 OF j e. rrtrt ¢ A T otal Md=A A dditions 944 O F B—ky. CM, MN Total Addition* 16M OF Existing awl" 94,435 OF f First Floor Additlor* 4 .240 SP Ness 1 Existing First Floor 30.615 OF / � � • � p s Nee Meaanwe Additiors 9.440 OF ' Total Building SF 4795 OF n►y on�ir ri. Wert Tier, *rrrr Wy ww N.rr sew 4 " cnyew.nul Gap- Z •* am.. I mo w......... C` Imo, e� I I I I I I Mez ne zani?.w 4dr W Floor Plan yr . P• \�/ ' `��.'► a.rr*i Flow ►t*rt � nrx.Iw1 • First Floor Plan tar• . r•8 rl+w.n '. � BA q•s au><sa weeocuxe•. arc. ty� wacwxscis � \, arir rewmr �, r.x waa.am .r. nwa �. w. 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WMA C-102 ZYMPITAPIr Aa w o Bo MO SCALE IN FFXr _r NMNOTE9'" w —. ,•. ..mn...i- r..,...�.e BA �.,w.,.e «.m.... e",.ee:..we..e..s wxaror 'xr LVa. .r•r.. e.0 rte... rrro....i....r•oro uwNru .0 - - - - nln;nrlw•ro u ._ ___. .__� _____. 69TH Al2:1'f'f .FORT // _ _ e•wmr rovwurrrr•as we ri mrrwsu r:mw m.ar __ -- - --- � - E'B91T6 PLAN NOT•'^ rumevmaw •.. �1 a- 1 �J_ __ _ _� • • u•. ea +ra•w sva .r ,.:•.t. -x: wi. \\�• u:,T 1l { 1 ]f''`fr •a. - -O` + 1 DODGY. CNRYISERJEET BROOKLYN CENTEX AIN * R% DbA xpk.nM o.M N. M.0M ,.MNYIW LW A Q J ��' - . v I NSPARROJC SUMMARY— Off. ' ?EE Sr•E_? C -6�I � .,ss as xi F _ _ - ._ _ e \ \ (0.✓ - - _6L ��' —� _— ` Z. , �a £ I -• ( \Jt-''t'`�faly/]rnc \ ] ( mu `� • .p l ' \ r�.vns s a..3naa• u w .a .,...va x. .:..a - __ - - _ nv CITY 6UDMITTAL \- c ", ✓_� 'e,�o. r ; w:.. .., w� SEPTEMBER 28.2008 �MA . - 1 \ iB�JAREA SUYIIARY"ee°�'"'�`"r' c \ a ��� OVERALL PFELMWnRT 0 fiTf'R.ST.ITf':IO. Su/ n � IW BA V �21=.%%=— xxvr GRADING & PAVING NOTES LUTHER RROOICDALE n D0DGJCCvR�KRJIZEP BROO,a." CENTER, mm mq�"Mmw + 0- 6 + Vk� + r x eU S -T C-' -1 L i =EROSION CONTROL NOTES a, / / /4O TCr.,n'� �' Af 1= Vl 9 CnY 6U6MI7TAL 6EI'MMUR. 26.2005 VA, gAs WIA k%,: LANDFORM • ' • it i 4� 6* C-104 UMEROSION CONTROL KOTESCOMMINMER QBNOTES'� BA ____ I L71 IMSITE PUN NOTES— LUTHM VROOKOALE Z iM V em =V­ &BUTILITY NOTES --90 • C NOGRADING 8 PAVING NOTESMWAMMO • V DODGE MUCK CENTER �, V ��' p oi` r.�;i ,I_,. � - - - _ . x.,,w, - „_, - ., ,. JD F �� 7 iD X —j IIRN SLER JEEP BROONDALE DODGE C _ it \., J � <` ram III — _ ^"_�M' __ ,v ' � L r CITY r.UDMrrrAL SErrEMDEK 215.2005 '` » \C, � � s ue .. wu. —•;' +Xelf.. — .'� Ll>_ LANDFORM G `9 , 4kl FlLARCRo Am �WW - PLAN C-601 8CJ(I.E30 60 IN FEET WMEROSION CONTRO NOTES 13A IMSITE PLAN NOTES8MI Z LUTHIR BROOMALE DODGFCMRVI.SKRJRKr BROOKLYN CENTER, MN MM M.P w Orin m U.—AmNal" COUTUM NOTES— - fiMMb CWGRADING & PAVDIG KOTESOM IN'd L. \� "�...�, `.,; 1 - - � ' oo-, � - -�- . I V E> CITY rU15M MrAL 5EFTEMBER 26.2005 (D LANDFORM Nr� K � ORE, — 3- 6- ZKMR.�'ZVFZP 10. 9-1 SCALE IN FEET IMLUMINAM BA UMMRDROO�LK WDGE CURYMU a" SROOKL"cvXTmmm &Uk—k m U." �L z 7 PERIMETER LIGHT FIXTURE BASE 4 - - ---- r N CRY SUBMITTAL fEFMMWK 28.2005 WIA -Ik oo!! I ic� X SIN N07M BA ...... LUTHEMBROOKMLE D mmccm�� CENTER. M k.,.... — K. SIM' + + + + P L A NT dpv + A, r ED, EDD xt, i r - ro„ ee _ y C —_ 3- v 3 . EDD EDD c)[D GrrY SUDMrrrAL SEFMMDElt 26.2005 EDD [DO &MLANDSCAPE REQUIREMENTSMy- -- k o ID :r.. IN mg L-101 • Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2005 -03 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2005 -015 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP WHEREAS, Planning Commission Application No. 2005 -015 submitted by the Luther Company Limited Partnership proposes rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of three contiguous lots located on the easterly side of Brooklyn Boulevard between I -94 and 69 Avenue North and addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard and 4215 69' Avenue North ; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan property; and WHEREAS, the Planning Commission held a duly called public hearing on October 27, 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 provision 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 -015 submitted by the Luther Company Limited Partnership 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 compale 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 automobile repair to abut residential property, a less than 15 ft. green strip adjacent to Brooklyn Boulevard right of way and not requiring two parcels that are under common ownership and • proposed for common use to be required to be replatted into a single lot. These modifications from the Zoning Ordinance standards are 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 35 -208 of the City' s Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2005 -015 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building 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 Brookdale Dodge properties and the old Ryan property. 4. B -612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may authorize a lesser standard such as B412 curb and gutter in non - drainage areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The buildings and building additions shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. • • 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to 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 -016 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 roe P g property rtY 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 remodeling of the proposed Dodge truck center and the expansion of the Brookdale Dodge showroom/service center and the use of part of the old Ryan property for storage and display of vehicles only. Plans for a new dealership at 6700 Brooklyn Boulevard are subject to an amendment to this Planned Unit Development. 16. The owner shall enter into cross access and parking agreements, as approved by the City Attorney, for the Dodge truck center operation and the Dodge showroom/service center (4215 69" Avenue North and 6800 Brooklyn Boulevard, respectively). Said easements shall be executed and filed with the titles to the properties prior to the issuance of building permits. 17. The development plans shall be modified prior to the issuance of building permits in the following manner: a. Either provide a 15 ft. green strip adjacent to the Brooklyn Boulevard right of way or a 3 lhft. high decorative fence of masonry piers and wrought iron in • areas where the green strip along Brooklyn Boulevard is less than 15 ft. b. The elimination of display areas along Brooklyn Boulevard within the 15 ft. green strip area. c. The continuation of a masonry and wood opaque 8 ft. high screen fence along the easterly portion of the Ryan properties to sufficiently screen that site from abutting residential property. d. To provide 8 ft. high opaque screening between the former Ryan property and the residential property to the east. Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution p g g was duly econded b member Y Y 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. Application Filed on 10 -06 -05 • City Council Action Should Be Taken By 12 -5 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -016 i Applicant: The Luther Company Limited Partnership Location: 6700 & 6800 Brooklyn Boulevard and 4215 69th Avenue North Request: Preliminary Plat Approval The applicant, The Luther Company Limited Partnership, is requesting preliminary plat approval to divide and combine to reconfigure two existing lots currently addressed as 6800 Brooklyn Boulevard (Lot 1, Block 1, Bri Mar Addition) and 6700 Brooklyn Boulevard (Lot 2, Block 1, Bri Mar Addition) for the purpose of a two phase redevelopment and expansion of the existing car dealerships located on these properties. The properties under consideration are currently zoned C -2 (Commerce) and are located along the easterly side of Brooklyn Boulevard between I -94 and 69 Avenue North. They are bounded on the north by 69 Avenue North; on the east by R -3 (Multiple Family Residence) zoned property containing non - conforming single family homes and a townhouse complex along with R -1 zoned property; on the south by I -94 right of way; and on the west by Brooklyn Boulevard with C -2 zoned property on the opposite side of the street. These properties and the property located at 4215 69 Avenue North (Lot 1, Block 1, Chrysler • Realty Addition) are the subject of a Planned Unit Development Rezoning to PUD /C -2 (Planned Unit Development/Commerce) and development plan approval under Planning Commission Application No. 2005 -015. That application comprehends a two phase redevelopment of the sites for an expanded Dodge operation and the demolition of the former Ryan Olds property (Phase One) and a future new automobile dealership on the cleared site (Phase Two). Their plan is to alter the existing property line located between the Dodge and former Ryan sites to create a larger Dodge property. Approximately 78 ft. of Brooklyn Boulevard frontage and 16,041 sq. ft. (.37 acres) from the old Ryan property would be added to the Dodge property. Plans are to incorporate the property at 4215 69 Avenue North, which is owned by The Luther Company and used as a car storage facility into the Dodge property malting it a Dodge truck center. Generally, city ordinances require separate properties that are contiguous and under common ownership and use to be combined into a single parcel through platting or registered land survey. This would be the appropriate time to accomplish such a combination but the applicant is requesting they not be required to do this because of potential environmental issues relating to the former Pilgrim Cleaner's site and potential ground water and soils impact on the property in question. Appropriate cross access and parking agreements will have to be provided in order to wave this requirement and this will also be part of the Planned Unit Development consideration. The proposed new plat is to be known as Bri Mar 2 °a Addition and will contain two new lots. Lot 1 the Brookdale Dodge site is proposed to be 296,009 s . ft. 6.80 acres) and Lot 2 (new ( g ) P p q ( 10 -27 -05 Page 1 redevelopment site) is proposed to be 289,050 sq. ft. (6.63 acres). • All of the lots exceed the minimum requirements for lots in the C -2 (Commerce) underlying zoning district. Access to the sites will remain the same, two on 69 Avenue North and two on Brooklyn Boulevard. The Director of Public Works /City Engineer is reviewing the preliminary plat and will be making written comments which will be attached for the Commission's review. Copies of the preliminary plat have been forwarded to Hennepin County for review because Brooklyn Boulevard is a county road. This plat is more than five acres in area and is subject to Shingle Creek Watershed Management review. No on site water detention is planned for this development as water will be sent to a regional facility located in the Palmer Lake basin area, which has been designed to accommodate such a discharge. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION This preliminary plan is dependent upon the approval of the Planned Unit Development under Planning Commission Application No. 2005 -015. All in all, we believe this preliminary plat is in order and approval is recommended subject to at least the following conditions. 1. The final plan 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 -015 4. Appropriate cross access and cross parking agreements between Lot 1, Block 1, Chrysler Realty Addition and the proposed Lot 1, Block 1, Bri Mar 2 Addition, as approved by the City Attorney, shall be developed and filed with the titles to the property. 5. The applicant shall provide the City with an executed copy of a shared access easement between the proposed Lots 1 and 2, and Bri Mar 2nd Addition prior to final plat approval. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2, or provide the appropriate sidewalk easement dedication along with the final plat. 10 -27 -OS Page 2 • 8. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2005 -015 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. • a 10 -27 -05 Page 3 �i /■ ►� �♦ FRI IVq W-1 ft C Iola �l111 13, mn IWA Ann ♦ �, . fir -art � !�''� .. err � • .• • • • A .., mr— i S SS "t'lt Y ��� e..- rryv.�+^^'�""'""•"'r "•••wnr - .." i t v a .r y � ? 4; �; �1r � � • �' R • ' �, �. �� ham �' w+, E A an = « s a. - ,� e14;x x 1t d c�lii 5,Y ________,y{• l____ —_ ____ L -- L_ I —_.,�. - . - -___. ______� ___ __,__._ u} x r G RTR_IJLIGG,fORIX.- +�_..:k: _ - _ _. —_ R 1 I r.- _- � _ --- .. -. _ -_ - .____._._. __ e _ a sl 1 2ND ���UOtA1T�Y. LVO. �'� ' .uxiurewwZx ADDITION mss. vi. ;`t. a.'. I ,.. :I .wT01eMnYOw..nmYrooYV. LUMM HROORDALE - 1 LOT >I `•� v ;t. <;�r.,;' YEXLSTINC LEGAL DESCRIPTION mOMMYN CETM%MN ,� -- -- nemsr.re•r rae.eo ¢a v' :: � •Ca. _ sw •.IVS ^. I � ________ •u .,.c+tr ,e.s, au +,ace.w um L4:: • .� �.. -� •'-�' MBPROPOSED LEGAL DESCRIPI-n �._ ___ \ S • C - r \\ _ _ trt. � sr. ., tti.a , rs. ve �C unr✓u A =Mn, R•, - -___ \ \;,. � j _ � A� n . rt. , i r• . e a•en u`w,N [� i � w,tm�ca.w a 'r' \ � ti . nom, I _ :;;. �,;"• � ° _ -- — ' „ — r - qxi_ -_ V R• � -_ ..r �. -. ..m�r.',w,a fir' n � a.,.� i \\ � •A��ai Y� �� � i \� .i ..QQ�� '£cl � Ic - ,.r� I lour, rtw ,.arr. g}�, m.\ \r`e'a:•. '• -'Y 9MRENCHMAR - _ ., a, wis i 4 �Qe m, � an.,e a.rK �. »mac � •eM,a, "° �.n, n•v,,.,a., %' \'' r3� uLlll, /lv I mar, ; 1 LOT 2 W MARE A SUMMARY PREUMINARY PLAT \\ • `.� . OCTOBER 06 2006 � � J . �, `r. I ,r•. sMm x M �� LANDFORM =1 I � . � •l �� � , *A • e \ r PRELh1R1ARY PLAT . E1a 60 no tY[•er A. jpr BEET sr� vc�e.vcru n.. /1'T.CR.V'TAJY',IYR A! i . October 6, 2005 Mr. Ron Warren Planning Department City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: PUD/ Preliminary Plat Application The Luther Company Limited Partnership Dear Mr. Warren: The Luther Company Limited Partnership is submitting its PUD and Preliminary Plat Applications for the redevelopment of the Brooklyn Center properties located at 4215 69 Ave. (Taystee site), 6700 Brooklyn Blvd. (former Ryan property), and 6800 Brooklyn Blvd. (Brookdale Dodge property). Luther has operated a Chrysler Jeep dealership at 6121 Brooklyn Boulevard in • Brooklyn Center since it acquired the franchise in 2001. In November of 2004, the Luther Automotive Group acquired the Dodge franchise, located at 6800 Brooklyn Boulevard. As part of the acquisition, the manufacturer required Luther to consolidate dealership operations at the 6800 Brooklyn Boulevard site and make facility modifications incorporating the Daimler Chrysler design elements and changes to accommodate operational needs. The development requires a rezoning to PUD. While the site is zoned appropriately for automotive sales and service, the service use and expansion where it abuts the residential properties requires the rezoning. The property has been used historically as an automotive site, so the proposed rezoning is consistent and compatible with surrounding land use classifications. The rezoning does not propose a change in use and is consistent with the Comprehensive Plan. The portion of the property that abuts the residential zoning is fully screened by an eight -foot high privacy fence much of which will be replaced with new fencing as part of the redevelopment. The development will consist of two phases. Phase I is the Dodge redevelopment at 6800 Brooklyn Boulevard, 4215 69 Avenue and the demolition of the Ryan properties at 6700 Brooklyn Boulevard. Phase II is a future dealership site on the south side of the property at 6700 Brooklyn Boulevard. Phase I of the redevelopment consists of modifications to the former Taystee building located at 4215 69 Avenue. The most northerly portion of the building will be removed to allow for better site circulation and the building converted from a warehouse to a showroom. A retail entrance will be added to the west side of the building and the 701 XENIA AVENUE SOUTH • SUITE 220 - GOLDEN VALLEY, MN 55416 tel: 763.593.5755 • fax: 763.593.0769 • web: www.lutherauto.com • email: info @lutherauto.com r grade of the site will be blended with the Brookdale Dodge site. This building will become the new Dodge Truck Sales Center. i Also included in Phase I of redevelopment are two small additions to the existing Brookdale Dodge building. The first addition is on the west side of the building where a two story addition will include administrative offices on the ground level (2,320 sq.ft.) and parts storage on the upper level (2,320 sq.ft.). The second addition is on the east side of the building where a four bay vehicle prep area will be added (1,920 sq. ft.). The former Ryan buildings located at 6700 Brooklyn Boulevard will be demolished as part of Phase I. Minimal site work will occur in the former building footprints to accommodate an interim use as vehicle storage. Additionally, site fencing and security lighting will be replaced. The 14.69 acre site will be replatted into three separate lots. There are compelling reasons why the property lines will not be combined as part of this replat. The first is the environmental issues that accompany the Taystee site. Part of the Taystee site may be considered a Superfund site because it is directly adjacent to the active Pilgrim State Superfund Site and the groundwater and soils on it are • impacted. It is our intention to use these properties as one for the purposes of a total site development, but to maintain the lots as separate for the reason cited. The Ryan property will also remain a separate parcel for the purposes of replatting. The second reason is the Dodge site is subject to site control by Daimler Chrysler and combining the properties will result in site control of the Ryan property. When the Dodge building was expanded and improved in 2001, the yard was in conformance with the 15' set back requirement. As part of the Brooklyn Boulevard expansion project 7:5' of the front yard was taken in the condemnation resulting in the condition that exists today. It is our intention as part of the PUD approval to bring the • entire site into conformance in areas of new development to the 15' required setback, but in areas where there is a pre - existing condition, to leave setbacks as they exist. The specific area affected by this is the 270' strip in front of the Dodge building. Compliance with the 15' setback requirement in this area would adversely affect site circulation and create significant inefficiencies resulting in loss of customer and display parking. Phase H entails the redevelopment of the former Ryan property for a full service automobile dealership. The 15' setback requirement for this parcel will be brought into compliance in Phase II. The Luther Automotive Group has been a part of the Brooklyn Center community for many years. We are excited about this project and continuing our positive working relationship with the City of Brooklyn Center. We thank you for your consideration for this request and look forward to answering any questions you may have at the October 27, 2005 Planning Commission meeting. Sincerely, y 4ft�_41 C Linda McGinty �O-O'