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HomeMy WebLinkAbout2010 04-29 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER APRIL 29, 2010 REGULAR SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes - April 15, 2010 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. Vanguard Construction Inc 2010 -007 PUD Amendment and Site & Building approval for construction of a 6,757 sq. ft. multi - tenant office building. 6. Discussion Items • Review of Section 35 -800 Administrative Use Permits — Outdoor Sales Markets for Minnesota Grown Produce, Fruits, Plants Flowers, Herbs • April 26, 2010 City Council Update /Actions on Planning Commission Items • Update on activities associated with the Planning issues identified in the 2030 Comprehensive Plan Update: o Bass Lake Road and 57 Avenue Trail Connections o Brooklyn Boulevard Corridor o 53` Avenue Corridor (West of the Bellvue Trail and Streetscape Improvements) 7. Adjournment LOGISMap Output Page Page I of I 1 PLANNING COMMISSION APPLICATION NO. 2010-007 ............ ............. iDTH AVE N ............ . . 70TH AVE N ........... . ................................. ............. _. . J. ....... ..... . .... . ......................... . .. ......... .... ........... ................ .................... ----- ----- > . ......... ........ . .......... . .................... Z ------ - ------------ ......... .. ...... .. . .......... . .. . ............. . .... .......... .............. ......... ......... j ... . ...... L .......... . . ... .. . ........... . . . ..... 69 " AVE N . ... . .. ....... ...................... ........................ ................ .............. . . . ............ ......... ............. ------ . ..... .. . .......... .................. . . -\ http://gis.logis.org/LOGIS—ArcIMS/ims?ServiceNarne=bc—LOGISMap_OV&ClientVersio... 4/28/2010 Application Filed on 4 -1 -10 City Council Action Should Be Taken By 5 -30 -10 (60 Days) Planning Commission Information Sheet Application No. 2010 -007 Applicant: Vanguard Construction Location: 6940 Brooklyn Boulevard (Lot 1, Block 1, Johnco Addition) Vacant Lot within the Boulevard Market PUD) Request: Planned Unit Development Amendment and SIte and Building Plan Review The applicant, Vanguard Construction, is seeking a Planned Unit Development Amendment to construct a 6,757 sq. ft. multi- tenant retail/commercial building on a 38,707 sq. ft. lot within the Boulevard Market commercial PUD located in the northeast quadrant of the intersection of Brooklyn Boulevard and 69 Avenue. BACKGROUND INFORMATION On June 1, 2002, the City Council adopted Resolution No. 2002 -75, accepting the Planning Commission's recommendation to approve the rezoning of 5.6 acres from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 (Commerce). The general development plan of this PUD included the planned development of four commercial /retail buildings comprising a total of 34,228 sq. ft. as follows: Lot 1 — Conceptual approval of a 3,960 sq. ft. building (SA Service Station with car wash) with 12 parking stalls Lot 2 — 4,230 sq. ft. restaurant, retail, office building with 46 parking stalls Lot 3 — 21, 500 sq. ft. multi -tenant commercial building with 134 parking stalls Lot 4 — 4,538 sq. ft. Culver's Restaurant with 39 parking stalls On August 26, 2002, the City Council adopted Resolution No. 2002 -111, which accepted the Planning Commission's recommendation on a PUD amendment to allow the construction of a revised layout for a Super America convenience store /gas station/car wash on Lot 1. The revised layout included a 3,958 sq. ft. building with 16 parking stalls and located the car wash on the north side of the convenience store. Additionally, two curb cuts were provided from the internal access drive. 4 -29 -10 Page 1 ZONING As noted, the property was zoned PUD /C -2 in 2002 with the adoption of Ordinance No. 2002 -07. Attached is the Declaration of Covenants and Restrictions associated with this PUD. The PUD ordinance requires the site and building plan approvals are required and that these plans shall be in substantial compliance with the approved development plan. Substantial compliance is defined as: 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. It also provides for the processing of minor and major amendments to the approved master development plan. 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. This plan amendment involves the reorientation and enlargement of the total commercial square footage by 7.4% and is consequently considered a major plan amendment. PROPOSED SITE AND BUILDING PLAN The proposed amendment provides for the re- orientation of the building to face Brooklyn Boulevard with an enlarged foot print (112 ft. X 60 ft.) vs. the (100 ft. X 45 ft.). This location respects the sight lines and the general visibility of the larger commercial building on Lot 3. Additionally, the plan proposes to remove two of the three curb cuts on the internal access drive which adjoins the SA site. The additional 12 ft. width and 15 ft. in depth allows the developer the potential to offer five tenant bays and continues to provide a drive up window for a potential restaurant (illustrated as an 1800 sq. ft. tenant space on the north side of the building Additionally, the plan proposes to remove two of the three curb cuts on the internal access drive, changed the number of potential store fronts from four to five and revised the roof lines to match 4 -29 -10 Page 2 the commercial building on Lot 3. The architectural treatment of the building includes a decorative rockface concrete block along the base (lower 3 ft.) of the building, a pre -cast concrete sill with face brick extending to a height of 12 ft. The remaining 6 ft. is EIFS with a colored band to offset the brick. The end cap units have a roof line which extends an additional 32 inches with a decorative EIFS cornice and a prefinished aluminum cap. An additional architectural feature identified on the building elevations are piers with decorative /accenting lights that complement the elevated roof lines and window placements on the front and sides of the building. The applicant proposes the same architectural treatment on all four sides of the building. COMPLIANCE WITH ORDINANCE Building Setbacks Ordinance Proposed Front Yard 35 ft. 35 ft. East 10 ft. 14 ft. South 10 ft. 65ft. West 10 ft. 75 ft. Parking Setback Ordinance Proposed North 15 ft. 15 ft. East 10 ft. * 2.7 ft. /7 ft. to curb South 10 ft. * 5 ft. to curb West 10 ft. * 5 ft. to curb *PUD adjusted Parking Stalls 46 5.5 per 1,000 sq. ft. 37 stalls UTILITIES The proposed grading and utility plan is consistent with the approved utility plan, with the exception of minor adjustments to the location of two catch basins within the parking lot. Sanitary sewer and municipal water are provided from the existing stubs that were installed with the initial site development. (Centered portion of the east lot line.) LANDSCAPE PLAN The landscape plan provides for the planting of three Red Splendor decorative trees along the southern boulevard consistent with the approved landscape plan. The plan shows the five existing Spruce trees to remain within the 70` boulevard area (previously shown to include two 4 -29 -10 Page 3 Autumn Blaze Ash trees) and now includes foundation plantings on the sides and rear facing of the buildings, the SW corner of the lot and northern entry. The western boulevard to the internal access road is shown as a green strip. All areas are shown to be included in a site irrigation system. The developer has proposed to donate the two Autumn Blaze Ash trees to the City. ACCESS The site plan proposes the elimination of the two curb cuts that were shown on the southern portion of the lot and the enlargement of the northern most curb cut (previously an exit only for the drive up window) to a full movement access point. Preliminary reviewed by the City Engineer of the site plan has included concern on the location of this driveway and its proximity to 70 Avenue. It is recommended that the access drive is shifted to the south by approximately 30 ft. (i.e. the opening to displace the northern four parking stalls and relocation of a light pole). Additionally, there is concern on the turning radius of the drive thru lane as it rounds the NE corner of the building. The applicant is requested to demonstrate that this movement is workable with traffic /vehicular turning templates. LIGHTING /TRASH The site plan illustrates the location of four 30 ft. light poles and the building elevation identifies the use of decorative light fixtures to ascent the building front and sides. The plan identifies the location of the trash enclosure adjoining the southeast wall of the building. The applicant will be required to submit details on the lighting and the trash enclosure to assure compliance with the PUD plans and city codes. SIGNAGE The PUD approval included two freestanding development signs to be incorporated in the corner landscape areas at 69 and 70 Avenues and Brooklyn Boulevard and a freestanding monument type identification sign for Culver's and Super America to be located on their respective sides of the Brooklyn Boulevard entrance. The monument signs shall not exceed 12 ft. in height and 145 sq. ft. in area. No other freestanding identification signs shall be permitted with the PUD. There is a development sign within the landscape node at 69 Avenue which identifies Brooklyn Market. It does not appear that a sign has been installed at the 70 Avenue node. The proposed wall mounted signage areas identified on the building elevation provides for approximately 10 percent of the wall area per tenant area for business identification. The sign ordinance limits wall mounted signs not to exceed 15percent of the wall area on each of its exterior walls. 4 -29 -10 Page 4 The applicant has been informed that the freestanding sign identified in the southwest corner of the site is not allowed. With respect to site signage, staff will be discussing signage issues associated with temporary and portable signage that has previously been allowed by an Administrative Use Permit. This review will provide an opportunity to review the potential options to address business signage and identification of promotional activities and events. RECOMMENDATION This proposal is an amendment to the Planned Unit Development approval granted for the entire Westbrook Development site (Boulevard Market). As a Planned Unit Development amendment, the proposal is required to follow the procedures required for the original Planned Unit Development. This requires a public hearing, which has been scheduled. Notices of the Planning Commission's consideration have been sent and a notice has also been published in the Brooklyn Sun/Post. The plan is consistent with the architectural themes, landscaping, and parking standards approved with the Westbrook Planned Unit Development proposal and developed as the Boulevard Market. A draft Planning Commission resolution is offered for the Commission's consideration. This resolution outlines the Commission's consideration of this matter and also recommended considerations and conditions for approval. 4 -29 -10 Page 5 i MEMORANDUM DATE: April 29, 2010 TO: Gary Eitel, Business and Development Director FROM: Steve Lillehaug, Public Works Director /City Engineer SUBJECT: Site Plan Review — Boulevard Market, 6940 Brooklyn Boulevard Public Works Department staff reviewed the following preliminary documents submitted for review for the proposed Brooklyn Center Retail Development: • Building plans dated March 28, 2010 • Site plans dated March 26, 2010 Subject to staff approval, the site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions below: 1. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 2. All plan sheets must be certified by a Minnesota licensed engineer for the type of work being certified (e.g. site and utility plans must be certified by a civil engineer). 3. Final civil plans are subject to review and approval by the City Engineer prior to the issuance of permits. 4. A lighting plan with photometrics must be submitted. 5. Plan approval is exclusive of all permanent traffic signage requirements that are subject to Chapter 34 of the City Ordinances. 6. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. 7. Upon project completion, the applicant must submit an as built survey of the property, improvements and utility service lines and structures prior to release of the performance guarantee. 8. Pedestrian routes and connections to and from the building and the site are poor and generally non - existent. Applicant must revise plans to address this issue. 9. Plans must be developed from of a certified survey and included with the plan set. As- built plans were not received for the area development and remain outstanding. Boulevard Market, 6940 Brooklyn Blvd. Page 2of2 Site Plan Memo, April 29, 2010 Sheet C -1 10. Show internal vehicle turning movement layouts for the drive -thm. It is anticipated there may be issues with the turning movements pertaining to the 90 degree corner and the approach to the drive -thru window location. 11. Align the site access along the westerly driveway with the northerly access to Super America. This will provide better stacking /storage area within the external driveway that is needed at the intersection with 70 Avenue. 12. B612 curb and gutter must be provided around all driving and parking areas. 13. The applicant must provide temporary on -site traffic control signs as deemed appropriate and necessary by the City Engineer. All traffic control must be in accordance with the MMUTCD standards. Sheet C -2 14. Sanitary sewer and water service locations and connections must be verified prior to construction. 15. The site must meet the current watershed commission storm water and infiltration standards. Provide drainage calculations demonstrating these standards are met. 16. The property owner must enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 17. The applicant must obtain an NPDES permit from the MPCA. 18. Plans must include a Storm Water Pollution Protection Plan ( SWPPP) subject to approval by the City Engineer. If an MPCA NPDES permit is not be required, the SWPPP must still meet and include all standard NPDES requirements and prescriptions, regardless. Sheet L -1 19. An underground irrigation system must be installed in all landscaped areas to facilitate site maintenance. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final site plans may require additional modifications based on engineering requirements associated with final design of the water system, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final plans. Other guarantees and site development conditions such as site plan as -built drawings, site performance agreement, financial guarantee, etc. will be prescribed prior to the issuance of permits. WEngineering\Development & Planning\ACT VE Development Projects\Boulevard Market - 2010 \100429_Site Plan Review Memo.doc 1.o t 1 7, f?lk 2 \ i 4 89.4 2'00 " E 697. 16717 U _ _ ... ...... — — 1 :. 11 20'R \ v- �! 177 3'R 12�R f�f! 'r 1 �?C �'n h! 31 �?l 5 O:R 2 Jf� r I i l i R 1 4 i I i 9 4 I - I VAN ACCESSIBLE HANDICAP SIGN - - ' I _ PEDESTRIAN CURB RAMP 21 I o' N - f -- ' F•! �i 18' 1 2.7' - RUCTION; LIMITS _ 14 i I i II � 4 - {' SIDEWALK CONCRETE - m II I s L � 2.5'R j I I BITUMINOUS TRASH ENCLOSURE II O PAVEMENT C �i 1 S'R 9 . 3'R 5'R I1 I I r TYP. m C. �- i i 1 _. U� �7� , \ �� O R' MONUMENT SIGN 1 48 I � F L_ . ��� __ . .. _ l....,.. .. �..._ - _. - __.... .... — r- SITE AREA 38,707: S.F., 0.89 ACRES BUILDING AREA: 6,757 S.F. TOTAL NUMBER OF, PARKING STALLS PROVIDED: 46 TOTAL NUMBER OF PARKING STALLS REQUIRED: 37 5.5 PER 1000 SO. FT. GSF NUM7':R OF HANDICAP STAL I.S PRoVIDED: 2 NUMBER OF HANDICAP STALLS RE(. D: 2 VJ II w F 0 r z r� I ° I o 0 N O Z 0 � BROOKLYN CENTER RETAIL DEVELOPMENT I Y NETUL Ow MWOKLYM /OULFVAKD • 70TH AVENUE WW7M SMOKLYN CENTEK, UN SITE PLAN N LLLLO I O rJ O O I� O (D CL - -- -- M CL 3 CD Ert r+ O r+ CD v CD M 0 CD iig'� DESIGN �II�II�p Attachment Four 2002 Approved PUD Development Plan -- - - - - -- BROOKLY — 70th Aywxm North CENTER — — — — — n c f — -- — -- —. ..- -•"" -- RETAIL r- - - - -- — - ---- -- - 1 it \\ t r ! I BROOKLYN CENTER \\ \• \\ j tlRp� tool I! I 4 NISI 1 i • , I 4 1 N N E 9 0 T A �tE MSD I I \\ \ ♦ \ \ I I 1 W r 1 ,\ \\ \ ' ! I I ,1 \` \\ \ \\ \ \ \ \C- IN ARCH ` `\ \ \ ` ,. :r ',:. 1 F =;f 'f::7f:• RVAIL nyao sr - ��: ai'r`s _• ;- noon :. \ \, �' .�;:' � ➢ i r� '= ' {i•irr• ftE MOO ::r�:. I 'c v'� U 1 .rr r.,rmef ecfuona i .. -... -+ -- �� co,raw ♦♦ \ \ Z, ; '\ � :er - '::Y1.�.: - - ':'l:' ! _ - rl.l fI01 (L(••11rw �� 1lIR OY,• I..00II lCIIO'1 - -- '� _ u0[Mwwf frlfl(r111t Jalr I.wwO nRA \\ \ \\ •• i, ` .• \ —. ^ . 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Uwr frrolun fuw• r.e orv.m a _ ••a.af ...wr for. -- . -- " i ° . rOR wvu ' =' "— p� — "` " Ca Ad Na 130) '- 68th Aviee North � Y — — -- .IOOMVWC cmwl..rt rour iar.enwr wt .• t a — — ue1'nortlrnt -- �~ -- -- --- -- "M trot m f is - -- -- \�- -- — 1 (/ tut roll .rlf•r. - -1.11 2002 Revised Development Plan — SA Site AtLaCEE>JECUt . Eurteeu N r C I ■Y N.I kY �OOI. I e..w. 1l AN / _•' SO - .f. 'SA SUKRA(CRICA' LDGO DETAIL t SUP ERAMEFJCA �[b - ._.. ..... A!'�� - - �� `mil • ....••�� . �{�,. / r o .! + "' <'• '' J c, • _ ..._ ..,...,.. - - o t _- w� I I8.12 SO. FI. PRICE; 1.0. GOMOS1 SIG ELEVATION 'E N ` r r e N /1 V 256- - - - -- - �= - � - � , Speedy WasH 4 ' - I UPERAMERICXI V- . I,.,1 E([VAI[ON `. FJI[oTNL SICN [LEVAI - C" I 'a s � :7.1T.'L'J'L'S7'Tl'Ci •••• •'•'. ' 2 O •. +RO E(EYIr ION !- UrN'r'V SIR IVIuG 1N1A11 - P 71[On!G [N E[EV11I(M 3192 z� 4M 3fl2 -3 ' z 70th Avenue North Q' w N89'42'00 "E 697.29 — - --- - - - - -- -- ..— i50 i5 - -- t. J 167./7 ' -__ _ �_ --- 200. fS___ - �— I.,, x rR 7 x I I `caysmucnd uers E( f 3 rEOrsrm.x cwe e.w � I -• _ .00 2 I N S o W ca "smucnox Erma I • • p d .' CONGER � \ _ W . 7 I � nuxalS IR.9. CxCLOSURE I C N KYCxI F E O r q d. 5 . e M Z tl Lj Z Z ' -. - `wauucNr nsx 169 48 . i .... Y �\ .I.�o JJ a SITE PLAN NOTES: La SITE DATA: SITE IMPROVEMENTS LEGEND: .0 o-ucxsroNS .ec io r.CE a eaEaxc .w /G SITE AREA 38.707 S.F.. 0.89 ACRES eiru.rxoua r.KUCNr aeNs r.cE or care. 6,757 S.F. ]. cac To r FFo Eo BUILDING AREA: �� caNCS[R r.KNErn c , - TOTAL NUMBER OF PARKING 5. YL cas E cues uq come .PMEEM io STALLS PROVIDED: 46 coxcecR w.E. sreuE e< SE—TED e.. I/� .¢x eerx coxcenE cwe . wrtrzs a .nsoN ,onr TOTAL NUMBER OF PARKING 37 .. c-- ,o v cues • f . wxcN STALLS REQUIRED: sari coNCeErE care a currG (ouRw.0 CNNK.FS TvrE arwU N.K • FM (5) Feat s.a ne eao so. n. wF =`O 1 PN's' n O N NUMBER OF HANDICAP .a Ecru re,u.c 5o r N Eoo w.R 9- siesmc T— K ' '¢" wrxR. STALLS PROVIDED: e. cwe a cunt swu x ear: ixcex.E ro SnE. uNEas c.E ao wr rs o— NUMBER OF HANDICAP G 'eaNx SNNL CWRY MIN iM Cm a STALLS REQUIRED: 2 ....... ti ). MadtLVN CCxne Fx J.EEMW a1.WF.eM FiNC 6 � _ sw.iE e< xeroeuEO Ducat Naves .neo+co � c n iNC cm a eaoaE.N ttNrze. It. •u omK carts un EoraNC To x NTo Exo. ire BR uuaarsKiivcir[Nr � T.E15 TD K lCAtit N Imm KORTN SITE PLAN ar 70th Avenue North tees N89'42'00 "'E 697.29 r. 16277 I` .7 �"6i ss al nz �.dL La I I I I�', E�wS)wU[riOw L, �t- se.x � I F I I W w.rze sc slues µo N e' M CLS MITE9 AIMCE I li H $ I z S).9 9N � tKP W - -y63 G z 169.48 o GRADING NOTES LEGEND: mG ,. suw.croa ro .cwn eEncwue� euwraa n9ne ro saM ExKrwU cartoua 9LVnoewe a cowsreunon. _ wao9nsEO wwroua Ew�LLa. r.eaa x, audw coiLm.naL ro apE9 ro aorzc.xrx KR apowf. _ � _ �� cpLr�pE rtr,cc 5pw5 .part ro SVF110EeE 1K4 P 6: w9ro rLw E 9oa Lde CCIgM ro K Me ea co Ka MLanrnwi d Me) or Of CVae yygqpppp r� .reaarto [owL) a:orzo«iuE MroM. rO91S R - >� o.c.. 1. SaE Mr MLM�L rat COr6rAlCMa SwLL R dSP09[e �) W aRRll IM R ��c��"� ort .w w¢wao .. ME arse so Nano. _ _ ueuE �( ua waa sr«u covL..nw rK cm a eaoon.w cc)rrtw .rar 1� ,`SLR s. Lo�wrt ur o.on ro ) K zrurr or carsrwucrow raortcmw. rca rnr on.n (( 1 c cartwcra n Ms9aseLC rox oE�ourw a 9Erwr. E.K)M eaouro ; ^4,Y GO ar ri E96re4 sr9ucruMZ .new arzarcM .+rn Kw g. r.EaocwL+ noco 9am,o .. � ^„d,' ° 4 O� ) u�n.nar�csnaaeLC rae nrt MW9K . orsr°srE "wAa n Li T 1f F or rK rsbrwc ertw.�aus. enuuran srou e[ vM M [o er u oa ,ua r�wrMEMO a srarcwr tmtz. rrt srLUi x wn mace 9 -a-e) usEO ow ertu.ra+orrs cxc naw ro nncr.w. row nsnwc .r•,r � b . EROSION CONTROL FENCE ca.as. e. cowraic� s � .oionrc�raon� �s a c rmn�s e)mr mwnr.naL s MswowveEE row Muw.a a .0 sr9nc x MsrowveL[ row ri wrLmrs ro nrovcwnrs EM)Sid Cartw0. wrE11M15 smxnMS rw.r occuL wz . Mzur a rwac .cr.9r¢t 9. wrt� s no uo a [[a i so xi) M .0 a�w[nars. 7 f0• aC Nr ^ — 2 V N:ALf N raET Hom L GRADING AND UTILITY PLAN PLANTING NOTES • A`q 70th Avenue North . N89 "42'00 "E 69729 soD 767.7 sco _ --- 200. a -s, :s -cr .....rz,.w s«•. cae., .� rm urz m ,°. i � ; 3 _ x •^ F {T 3 v 1 W .[na,w rtd irvsruc m.e,w.ccrd «•+..[u, a.[.no. 3 Y" , a p p I p - � ..rws .•°. m ....vw, •m mm..rt .srrura. R1 N b I N 4 ~ a z Z W 6 CL � o 0 -i 5 -B[ 5_e5 I W u N u. m e LANDSCAPE SCHEDULE ci U � W 69.4 `u "+` Z 'o d — — U - o �7.' �.ax[vsicvc[ e• 0 N89 - 4200 "E 775.71 c °+ :> ^„�.'^eu' w BlP . 01.E �p m&ola J : s .,uwrtx rsw w.. Rat S1R e[..saws titi [ MSKD SNRI! "JITDID DETAIL TREE PLANTMID DETAIL w 'w w L -1 eeua r[ FM Imy" LANDSCAPE PLAN 00L_ Y �o■Y 'a w � Aa+.. w.a M r fM Y ■LiM wwu."..'OVV Y0+1LR■ -u � oas . �o/ ■ �.ax��ao�w.' 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CM[d[! n W I iro �rWl.rn.! ,nnl11�DPO1Nn - ...e.0 ..J T - A -200 -S C DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this j-':3 day of .fir l/ , 2002, by Johnco LLC, a Minnesota limited liability company (hereinafter the "Declarant "); WHEREAS, Declarant is the owner of the real property described as Lots 1, 2, 3 and 4, Block 1, Johnco Addition, Hennepin County, Minnesota (hereinafter the "Subject Property"); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Brooklyn Center, Minnesota ( "City") in connection with the rezoning.of the Subject Property from the zoning classifications C -2 (Commerce) and R -1 (One Family Residential) to PUD /C -2 as provided in City Resolution No. 2002 -75 adopted on June 10, 2002; and WHEREAS, in connection with the redevelopment of the Subject Property, Declarant has applied to the City for rezoning for a Planned Unit Development (PUD) to allow construction and maintenance of a 34,228 square foot, four building, mixed use commercial/retail development on the Subject Property; and WHEREAS, the City has approved such PUD rezoning on the basis of the determination of the City Council of the City that such amendment is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land CLL- 217587v2 BR291 -228 1 use characteristics of such proposed use, the PUD rezoning would not have been approved; and WHEREAS, as a condition of approval of the PUD rezoning, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration "); and WHEREAS, to secure the benefits and advantages of such PUD rezoning, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to all of the following: • All conditions of approval specified by the City Council in Resolution No. 2002 -75 adopted on June 10, 2002, attached as Attachment One; • Final plat, attached as Attachment Two; • Title Sheet, attached as Attachment Three; • Site Plan, attached as Attachment Four; • Grading, Drainage and Erosion Control Plan, attached as Attachment Five; • Utility Plan, attached as Attachment Six; • Landscape Plan, attached as Attachment Seven; • Planting Notes and Details, attached as Attachment Eight; • Corner Enlargements and Details, attached as Attachment Nine; • Culver's Exterior Elevations, attached as Attachment Ten; • East Building Exterior Elevations, attached as Attachment Eleven; CLL- 217587v2 2 BR291 -228 • North Building Exterior Elevation, attached as Attachment Twelve; • Lighting Plan, attached as Attachment Thirteen 2. No buildings or structures other than those shown on Attachments One through Thirteen may be erected or maintained on the Subject Property. 3. Lot 1, Block 1, Johnco Addition may be used for a convenience store /gasoline station/car wash. Use and development of this lot will require site plan approval and an amendment to the planned unit development for the Subject Property. No buildings or structures other than those shown on the amended planned unit development plan and site plan on file with the City Planner of the City of Brooklyn Center may be constructed or maintained and the use and development of said lot shall conform to said plans and to the terms of this Declaration. 4. The approval of the PUD authorizes the following variations from the requirements of Brooklyn Center City Code applicable to the Subject Property: A. An encroachment of between 5.5 feet and 24 feet into the 35 foot buffer area as shown on Attachment Four is authorized. B. A green strip of less than 15 feet along Brooklyn Boulevard and 70th Avenue North right of way as shown on Attachment Four is authorized. 5. Except as otherwise permitted herein, the use of the Subject Property shall conform to the zoning regulations of the City of Brooklyn Center applicable to C -2 Districts. 6. Parking requirements for all uses on all lots on the Subject Property are met by taking into account all parking spaces on all of the lots on the Subject Property in common. Owners of all lots on the Subject Property will maintain such easements and covenants for access and CLL- 217587v2 3 BR291 -228 parking as are needed to assure that all parking shown on all approved site plans of lots on the Subject Property may be used in common. No change in use of any of the lots on the Subject Property will be permitted that causes a deficiency in parking spaces required by Brooklyn Center City Code, taking into account parking spaces for all uses and all parking spaces on all lots on the Subject Property. 7. The Subject Property may be developed and used only in accordance with paragraphs 1 through 7 of this Declaration unless the owner first secures approval by the Brooklyn Center City Council of an amendment to the Planned Unit Development Plan for the Subject Property and to this Declaration or a rezoning to a zoning classification that permits such other development and use. 8. The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City - I acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT CLL- 217587v2 4 BR291 -228 TARA L LANDR Notary Public STATE OF 1 n 7) �� ) Allnnewts Gc�nm, lm Jan 31 SS COUNTY OF C(J /1r� �J h The foregoing instrument was executed this ' day of US 2000, by 1 11 wig- ]Se n , a chief manager of Johnco LLC, a Minnesota limi d liability company, on behalf of the limited liability company. N Public CLL- 217587v2 5 BR291 -228 APPROVED BY THE CITY OF BROOKLYN CENTER By Its M By Its City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this —Ht day of ALw ►�� 2002, by Myrna Kragness and Michael McCauley, the Mayor and Manager, respectively,`bf the City of Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the City. ■ SHARON L. KNUTSON Notary Public NOTARY PUBLIC - MINNESOTA My C4W1 Qn Expires Jan. 31.2005 r CLL- 217587v2 6 BR291 -228 Member Kay Lasman introduced the following resolution and moved its adoption: I Attachment One RESOLUTION NO. 2002 -75 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -006 SUBN=D BY WESTBROOK DEVELOPMENT, INC. W HEREAS , Planning Commission Application No. 2002 -006 submitted by Westbrook Development, Inc. proposes rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located to the northeast quadrant of 69' Avenue North and Brooklyn Boulevard; and W 1 REAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 34,228 sq. ft., four building mixed use commercial/retail development on the above mentioned site. Said development proposal includes a 3,960 sq. ft. Super America convenience store /gas station/car wash on the proposed Lot 1; a 4,230 sq. ft. restaurant, retail or office building on the proposed Lot 2; a 21,500 sq. ft. multi- tenant commercial building on the proposed Lot 3; and a 4,538 sq. ft. Culver's Restaurant on the proposed Lot 4; and WHEREAS, the Planning Commission held a duly called public hearing on May 30, 2002, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission recommended approval of Application.No. 2002 -006 by adopting Planning Commission Resolution No. 2002 -02 on May 30, 2002; and WHEREAS, THE City Council considered Application No. 2002 -006 at its June 10, 2002 meeting; and WHEREAS, the City Council has considered this 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, the City's Comprehensive Plan and the Planning Commission's recommendation. .NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2002 -006 submitted by Westbrook Development, Inc. 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. Attachment One RESOLUTION N0. 2002 -75 3. The utilization of the property as proposed under this Planned Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. greenstrip along the Brooklyn Boulevard and 70" Avenue North rights of way in the location of a proposed convenience store /gas station/car wash; and to allow parking and a portion of a drive lane to encroach in a 35 ft. buffer area located along the east side of the site. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are 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 re- zonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2002 -006 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. B-612 curb and gutter shall be provided around all driving and parking areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. All buildings shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. RESOLUTION N0. 2002 -75 Attachment One 7. An underground irrigation system 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 with the exception of freestanding signs authorized by Condition No. 18. 9. The applicant shall submit an as built survey' of the property , improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The plans shall be modified to provide: a. Concrete parking delineators at the end of parking rows north of the 21,500 sq. ft. multi- tenant building and south of the 4,230 sq. ft. restaurant/retail building. b. A continuation of the decorative iron fence with masonry piers in the Brooklyn Boulevard greenstrip adjacent to the Culver's Restaurant. c. A lighting plan consistent with the requirements of Section 35 -712 of the Zoning Ordinance. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 14. Trash pick up and truck deliveries on the east side of the multi- tenant building located adjacent to the residential properties to the east shall be confined to the hours of 8:00 a.m. through 5:00 p.m. 15. No building permit will be issued for construction of any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2002 -007 has been given final approval by the City Council and filed with Hennepin County. 16. 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 development 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 all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 17. Approval of the PUD comprehends only conceptual approval of the Super America gas station/convenience store /car wash. Plans shall be submitted for Planning Commission and City Council review and approval. The RESOLUTION N0. 2002 -75 Attachment O layout shall be such that the car wash is not located adjacent to Brooklyn Boulevard. 18. PUD approval authorizes two freestanding development signs to be incorporated in the comer landscape nodes at 69th and 70th Avenues and Brooklyn Boulevard and a freestanding monument type identification sign for Culver's and SuperA.merica to be located on their respective sides of the Brooklyn Boulevard entrance. The monument signs shall not exceed 12 ft. in height and 145 sq. ft. in area. No other freestanding identification signs shall be permitted with the PUD. 19. The applicant shall provide on site traffic control signs as deemed appropriate by the City Engineer. June 10, 2002 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Ed Nelson and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kay Lasman, Era Nelson Bob Peppe, and Tim Ricker; and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. Final Plat Attachment Two JOHNCO ADDITION R.T. DOC. No. – — — — — — — — — — — — L — — — — — — — ------- ------ - ----- - - - - - - - - - - - - - - - - - - - 70th Avenue Harth j=arrnerty Lane Street) ---- -- T-I is-4 f 17 12 I N N 3 10 B 10 C* 4 0 C* i k 1 wl� �� 11 ! L IX Mae 1W 733ff la 5 L — — — — — — — — - - E-9th Ave. Harth 591h Ave. N=rlli (Farrierly C. No. 1 -R 30 TV ASSOC IATES 84" 26 SHHT3 Attachment Three ------- . ..... . .......... ..... . ..... I .. . ............ BROOKLYN CENTER BROOKLYN CENTER RETAIL DEVELOPMENT RET"L C I TY OF BROOKLYN CENTER, MINNESOTA BROOKLYN CENTER M I X N E S 0 T A Open By - - - - - - - - - - SITE SYMBOLS 7 EXIS ING R-4 PROPOSED DESCRIPTION = CONTOUR . 1224 SPOT ELEVATION BUILDING UNDERGROUND STRUCTURE RAIL ARCH NET ROAD CONCRETE rr BITUMINOUS PAVING ------------- ---------------------- `. .� i ; ' - i '� CONCRETE CURB EDGE OF PAVEMENT SLOPE DIRECTION I --------------------- FENCING I GUARD RAIL RETAINING WALL ------------ V TREE-SAVE ti --------------------- ON SOIL BORING C> Mil. DOORWAY SEDIMENT CONTROL FENCE - TEMPORARY SEDIMENT CONTROL ...... ------ T ------------ LIGHT STANDARD POWER POLE It NOTE REFERENCE PARKING STALL COUNT LARGE SHEET DETAIL I COORDINATE POINT BOLLARD - em r ASSOCI Nov" rm mau CO-1 Attachment Four 70th Avenue North �..�_ .:......w ROgK R C CENTER _— �, RETAIL \\ i I — I I CITY O F BROOKLYN CENTER BURDINGOR04L RESTAURANT \ \ I 3960 SF 11 1230 SF ` l M I N N E S 0 T A \\ ` 1 PAPA BB15 I I * FFE BB�d .. I . DEVELOPED BY TP I r \ — � ♦ \\ � � i j \ j ...:;dam:. -= c.. °— ..,. J t .. ........... - _- ._::_::_.::_ :a:: : I ARCHNET % - -- ` \ .40• �`�_S. � '� ./':': I %ED RETAIL \ '\ ': �'. ... I •.. I 21300 IF N ORFfl \ \ y y I — — — o Oa Lo !CALL IN PLL7 for SITE SYMBOLS y •\ Q , \\ -o'p�, 1 - -_ - -- ::::�.: ESIS P1rM. O IPIIA \ \ � � � -__- _ I \ I i--.u� twTOUR \� •\ !� �\ \ `b v� ' � j -- _ ::...: -- 1 c�lcr to u.n.o �"".. �= _ • � 0 RcAVr aO• rAw.[wr saw• .: ( vacllAReRa sru.cruA! 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RA>elwv f•rT, \ ..:•.• ••- S.. A. ac 'AC C - -. •""•^••nmm( ,\ '_ -- -- �---° �---- .�.,_-•- ---' ° ""."�"'�:", ". AErOK ASSOCIATES 4 v i POKA POt[ KA.a.OA•: I I— IM see v Wass naKw AREA LAIa[ SrRr o[IAW � vAm AE1AA, f13.. lo. • n `\ O® COMO MAR ro 1MT .".-1 •.s3. .. c a \ 69th Ave North (Fonne►�y Ca Rd N0. t30) BROOKLYN C ENTER RETAIL .Hare rota 31 In . rn \ -- . -- -- -- .._ '- -._. DEVELOPMENT 21/L P4M t -1.I.A Attachment Five . . . . . ......... — ---- - . . . . ........ ... ..... ......... . ... ... ... Oth Avenue North BROOKLYN 7 . . ....... . . . ...... .... Avenue .. ...... CENTER RETAIL a C I T T 0 F NUMDING CWOU RWAtAtANT BROOKLYN CENTER 79605E 1 I r 4nO IF M I N N E S 0 T A 1 OEVELOPED By p 0, '77 % - - - - - , ARCHNET MrXED RETA& 2i Norm 0 30 el - — — — — — - FIVE 4� - - — — — — - IN %7..J "I \I. I N 1 4 - - - - - SrrE SYMBOLS !�TEL , 7z=_zl IrlDaonarle SlAUCrula L x.A,l o.r.r w.eKrt aI. Ar w,m � \' � 1 �+ �. � _ � — _ � •� , — « �o jf\ W� RAIL ft, ­-1. — . 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ANO rssY rtAdAno NnnDnuNOSCArRArnRreeT .warn Au nAMSrolNnulmwR N.Narc «TAU epNrr..erd RSxa RSR..rAwRrrTD.l reQUarra MOlwal µr l. NOa.uwr,DZ.uPKenr Ml wm.a p..�T f'. � O�f� CONTUCTW aRUAaf ��otMfAK varNG PblDrawBfa ALL MNDNC Mnf a.CG+G OroIMO<PaR rNR PALL WUY.M NMxn lauWOAKI I CS. 'i cua wmr «rows Ar.AwAANOO.vw s«u wcvKA.«wa.r « w41C mNiArnwca:arvnAe A r I 1 �ir�+ � Nrs TUT Oe AM1 r.Vr55ANDSr7 lOrSOI.N dwNAQ Ar.WD Ar«1MDM RIIDINf )r2 Ah�'•S•• qP! Tor fOA AND i rC ' rK.w r GENERAL NOTES: 7 5 FII S A GU ro 6REi 1/r EXPANSION 10" MATERIAL ADA fLE1INFS A+P : ( CUT BACK MATERIAL I/r [aNAION ow W scvAM L r y _ _ _ - -- •I BELOW FINISH "FACE gT TPlQ I.'i EVAN51ON & CONSTRUCTION RR M WA p CONIjtM CM #M PAVM f I , SR PL. Fm UXAM)N RCHNET .• » aD.aDrNA .NR.. t EIJURGFMEM'A' VARRS +RRa.Sama �e ]T• TOOTED CONTROL IdM r Rf111 � �e SEE PLAN FOR LAYOUT p rm". sN srTa '-nR� P THICK CONCRETE WALK 8617 CDNCROFLrzRI lDQ YAM.911 N UP. JOINT 21Y O.C. MAX. OR AS 6 D1D11 Y I I -1 - - 7�L,•� SHOWN ON PUN AND AT ALL CONSTRl1CT" JOINTS. RAMPS. lS OTHER VERTICAL _ , T nAMING X7R 9E91M. � - �' _•'� • WAL AND TRW 1AYDIM >`L - . -� V_ »- S.. -.�• OBSTRUCTKM I LOOIENROMOF ��• .ti...,. 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North Building Exterior Elevations Attachment Twelve n�� Nna w ura �..� SIGNAGE SIGNAGE SIGNAGE SIGNAGE MOR I'N M NOES A!A! 01{11V �� mM INA On11tl1lMlA � tAi IV�01 �� �I�IMAM I K I101l1tlr I �' •eresu sur na rwoeu �1 NlOP11 Y1M710N w•Fr - , > ��.� — — 11 � III I� �... ..SCY3L;.� i� • • � `�. 1 I 1 1 �• � 1 �I . i 1 1 � 1 1 1! 1 / 11 / 1 1 t !''� ; ��•\ 'I�R 1r� � 1 • 1 1 1 1 1 1 �. .�11��� lu�y� O' � � � � � �'K__ i' +« '.te�r • '1 IN 1 1 As Me wG t o n a n • .`� 1 .Pomona �• � •�w+.0000a�.rse I. J�ss; M E WE :1 MIII LUMINAIRE SCHEDULE Symbol Label Qty Catalog Number Description Lamp Fife Lumens LLF A 3 KAD 400M R4 DIECAST TYPE IV, 400 WATT METAL g1110101.ies 36000 0.72 Attachment Thirteen SHORT, CUTOFF HALIDE - HORIZONTAL LUMINAIRE BURN El DIECAST TYPE IV, 400 WATT METAL AZ 10 KAD 400M R4 SHORT, CUTOFF HALIDE - HORIZONTAL 91110101.ies 36000 0.72 LUMINAIRE BURN DIE -CAST CUTOFF 400 WATT METAL B 7 KAD 400M R3 LUMINAIRE HALIDE 92040902.ies 36000 0.72 ° a KAD 250M R4 - DIECAST TYPE IV, 250 WATT METAL C 4 WALL MT SHORT, CUTOFF HALIDE - HORIZONTAL 91102805.ies 20500 0.72 LUMINAIRE BURN STATISTICS CU a Description Avg Max Min Max/Min Avg/Min L •` Calc Zone #1 2.2 fc 7.9 fc 0.2 fc 39.5:1 11.2:1 C a) � W U a`) LUMINAIRE LOCATIONS 0 0 Location `' m No. Label X Y Z MH Orientation 1 A2 390.5 85.8 30.0 30.0 90.0 10 B 162.8 524.5 30.0 30.0 180.0 Designer 12 C 529.5 355.0 20.0 20.0 90.0 KJ 24 A 195.2 422.8 30.0 30.0 270.0 Date Davis &Associates, Inc. Jul 23 2002 6446 Flying Cloud Drive Scale Eden Prairie, MN 55344 as noted Phone: 952.941.0410 FAX: 952.941.4568 Revision - Date L ighting Plan www.davisassociatesinc.com Davis & Associates, Inc. does not assume responsibility for the 3 of 3 interpretation of this calculation, or compliance to local or state lighting codes and ordinances. Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2010 -04 RESOLUTION REGARDING THE RECOMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010 -007 SUBMITTED BY VANGUARD CONSTRUCTION FOR THE DEVELOPMENT OF LOT 2, BLOCK 1, JOHNCO ADDITION. WHEREAS, City Council Resolution No. 2002 -75 adopted on June 10 2002, approved a rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located at the northeast quadrant of 69th Avenue North and Brooklyn Boulevard; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for a 34,228 sq. ft., four building mixed use commercial/retail development including conceptual approval of a Super America gas station/convenience store /car wash on the above mentioned site. Said development approval required additional plans be submitted for Planning Commission and City Council review and approval of the Super America development; and WHEREAS, City Council Resolution No. 2002 -111, adopted on August 26, 2002, accepted the Planning Commission's recommendation on a PUD amendment to allow construction of a revised layout providing for a 3,958 sq. ft. Super America convenience store /gas station/car wash on Lot 1, Block 1, Johnco Addition; and WHEREAS, Vanguard Construction has made application for site and building plan approval for the development of Lot 2, Block 1, Johnco Addition providing for a five bay multi— tenant commercial building having a floor area of 6,757; and WHEREAS, the proposed development increases the total commercial sq. ft. of this PUD by 7.4 percent which requires the processing of a major plan amendment to the approved PUD; and WHEREAS, the Planning Commission held a duly called public hearing on April 29, 2010, when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2010 -007 submitted by Vanguard Construction for the development of Lot 2, Block 1, Johnco Addition, be approved in light of the following considerations: 1. The Planned Unit Development amendment, providing for the re- orientation and enlargement of the building from 4,230 sq. ft. to 6,757 sq. ft. is generally consistent with the multi- tenant commercial /retail planned use for this lot, is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development amendment will allow for the utilization of the land in question in a manner, which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 10 ft. green/parking strip from interior property lines. This modification from the C -2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is off set or mitigated by factors contained in the approved site plans and City Council Resolution No. 2002 -75. 4. The Planned Unit Development amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The amendment is complimentary to the existing commercial buildings, will cause the completion of this redevelopment project, and result in a finished project that is corner stone within the Brooklyn Boulevard Corridor and an asset to the community at large. 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 that the proposal is, therefore, in the best interest of the community. Be it further resolved by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2010 -007 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 of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. 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. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance guarantee. 10. The plans shall be modified as recommended by the City Engineer to relocate the northern driveway and include vehicular turning movements to assure the proper functioning of the drive thru lane. 11. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of permits and further assure compliance with the development plans submitted with this application. Date Chai r 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. City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose The City Council fmds 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. Policy It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City - initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses permitted*in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? 1. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35 -208 Revised 3 -01 i 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: 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- MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. 35 -45 c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD - MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35-400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. C. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. 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. 35 -46 Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. 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. 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; 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; 35 -47 S. 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 3 5-2 10 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35 -210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. Approval of the development plan shall constitute rezoning 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 3 5-23 0 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. 35 -48 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. h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 35 -49 To: Members of the Planning Commission From: Gary Eitel, Planning Commission Secretary Date: April 28, 2010 Subject: Discussion Items for April 28, 2010 Planning Commission Meeting Review of Section 35 -800 Administrative Use Permits — Outdoor Sales Markets for Minnesota Grown Produce, Fruits, Plants, Flowers and Herbs. (See attached memo.) April 26, 2010 City Council Update /Actions on Planning Commission Items • The City Council accepted the Planning Commission recommendations on the Northwest Family Service Center Preliminary Plat and Site and Building Plans. Attached for your reference is an additional memo on the traffic analysis. I have also included a series of emails to illustrate that attention to the concerns within the neighborhood are recognized and being addressed. Update on Comprehensive Planning Issues • Bass lake Road and 57` Avenue Corridor Study Attached is a draft RFP for a cooperative study by the City and Three River Parks District to study options for a regional connection between the Shingle Creek, Twin lakes and Mississippi Regional trails. • Brooklyn Boulevard Corridor Study Attached is a letter from Hennepin County Transportation Department acknowledging that the portion of Brooklyn Boulevard, identified as a city planning issue, is listed as a potential project (provisional) that could be implemented in the event additional funding becomes available. • 53` Avenue Corridor (West of the Bellevue Trail and Streetscape Improvements) Attached is a proposal by Louck's Associates to assist the City in a scoping document for trail and streetscape improvements for the portion of 53` Avenue leading up to Humboldt Avenue. This exercise and resulting study /concepts could be applied to the Humboldt Corridor, previously referred to the Planning Commission by the City Council. MEMORANDUM T0: Planning Commission Members From: Gary Eitel, Director of Business and Development DATE: April 22, 2010 SUBJECT: Review of Section 35 -800 Administrative Use Permits - outdoor sales markets for Minnesota grown produce, fruits, plants, flowers, herbs. Background Information: Section 35 -800 of the zoning ordinance provides for the issuance of administrative permits for temporary land uses that do not substantially impair the parking capacity of the principal use and that do not impair safe and efficient pedestrian or vehicular traffic on or off the premises. The review of the permit application includes factors such as the time of the year, parking layout, nature of the use, and other pertinent factors relative to the request and area. The code provides for two categories of applicants: 1. Church functions, civic functions, charities, carnivals and similar functions. 2. Permitted and Special Uses within non - residential zoning districts. Within the non - residential districts a permit not exceeding 30 consecutive weeks in any calendar year is allowed for outdoor retail sale, display, and storage of nursery and garden merchandise, including lawn furniture and equipment. A review of past administrative permits indicates that these permits were issued for seasonal plant sales that were held in the parking lots at Malborg's Nursery- Greenhouse, Cub Foods, and Brookdale Center. In 2009, Ms. Paome Yang introduced the concept of a Farmer's Market to be held within the parking lot of Brookdale Center. The Planning Commission discussed the concept at their June 11, 2009 meeting. The attached minutes of this meeting reflect discussions on defining what a farmers market entailed and what provisions should be considered in amending the City's ordinances to allow such a use. Ms. Yang was permitted to operate the 2009 Farmer's Market through the use of administrative permits that were issued to businesses within the mall under the provisions of 2 (b) of the code, miscellaneous outdoor retail sales or display or promotional events for periods not to exceed 10 consecutive days. Two 10 day permits were allowed per premise per calendar year. Note: The practice for multi- tenant locations has been that each business is allowed two 10 day permits. Attached for your reference is a copy of the Planning Commission Minutes, the staff memo prepared for that discussion item, and a copy of Section 35 -800 Administrative Permits. 2010 Proposed Out Door Sales Markets: The following requests and inquiries have been made regarding planned and potential out door sales /markets /stands: 1. The owner of Max Sun Foods, 6350 Brooklyn Boulevard, has submitted a proposal to operate a Farmer's Market for Minnesota Grown vegetables and fruits, that would operate Friday, Saturday, and Sundays from June 15th thru October 31St. 2. Mr. Bobbie Fern, the owner of the large garden area in the Southwest quadrant of Brooklyn Boulevard and Bass Lake Road, has indicated plans to continue a community garden activity on his property with the sales of the produce by charitable organization. He has also indicated a desire by the charitable organization to expand /supplement the market with other produce donated by other farming /charitable operations. 3. Ms Yang, the organizer of last year's Farmer's Market, has indicated that she is working with Cub Foods in providing a market this year and is interested in a applying for a 30 week permit. An application or proposal has not been submitted for our review as of this time. Brooklyn Center Farmers Market 6350 Brooklyn Blvd Brooklyn Center, MN 55429 Vera: 651- 246 -9827 Che: 651- 343 -8098 Dear Director of Business and Development: Gary Eitel, The Brooklyn Center Farmer's Market's business hours will from 6:00 AM to 6:00 PM; Friday thru Sunday; from June 15'" 2010 thru October 31" 2010. Only vegetables and fruits that are Minnesota home grown on farm area are to be present. Arts, crafts, and frozen meats of any are prohibited at the location. ank You, r CHAW 6W _ � R IS 0.73 FELT r END IS OO__'4 FEET UNK FENCE CORNE SOUTH OF PROPERTY LINE ' -'..: ;.; •. ' q• - " SOU OF PROPERTY LINE — I r N89°58'31 "E 1062.`. n ND ICE E IS 0.73 FEET — — — — — — — — — -- r— 27 PROPERTY LINE W -- W W W —� - -�- W -- SETBACK LINE CONCRETE CURB .� WALL CONCRETE CURB 1 T U M I N 0 U; S CONCRETE CURB MONITOR 3 , g• „_ rFOUND PK NAIL WELL \ I _ _ __ - _ _ __ _ 26 PA KI A S Fm pip an \ S 185.27 - 1z - -- n N T y � L — RAI U U `•I' ADDITION DRAINAGE AND RAMIBOWS GARADDITION _ -_ j- UTpJTY EASEMENT GE AND UnUTY I S 1 PER RAINBOWS VS f.ANOFN CITY ADOIRd17 PER K W Y / - AR IN - _ _ _ _ _ 15 A IN _ _ _ _ _ P I G GARDEN CITY ADDIn1 4 w PA ES - CUB A i \� d -2 P G C C ETE r 22� P KING SP CE \ J €i� z z r • SEWER / N S J �''�' \` Do 3 - - -- ID P KW 44111h_ fA AR IN A S NC AR IN b A S ODIERATOR ` , QAIE I II Jd -- P R C A 5 - + `' < •O... 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V i 's �� /.6 / • Iii ' �_ �'� I A C� ,• LWALL TRASW I IJ Y �Mp P RKN _ _ _ __ _ _ _ ,•• ACTOR I�r - C \ NAGE AND UTILITY I 0 ----- T PER RA ~ EAS I ENNBOWS 0 - - \ 7moN I � --- - -- --- -- - x v c P --- -- --- ---- - .. ;•cATE, - '” Q o NDEO _ �0.. � DROP BOX 1b -T} \`` I �N �•' P A 5 d P KIN A 5 _ �� ,•. 11192/ , 8' WATER 11,M111 77 �G`1�0 ill K � O _ . ... _ ... _,.. _. .. .._.. .,...�... . ;.. - _ - ... _ ill. MEMORANDUM TO: Planning Commission Members From: Gary Eitel, Director of Business and Development DATE: June 8, 2009 SUBJECT: Discussion Regarding Expanding an Administrative Permit to Allow a Farmer's Market to operate within the Brookdale Mall Parking Lot on 18 Days Between June 21, thru October 18, 2009 Proposed Farmer's Market The City has received a request to allow the operation of a Farmer's market within the Brookdale Center parking lot on Sundays from 9:00 a.m. to 1:00p.m. during the summer and fall of 2009 ( June 21St to October 18th). The request has been approved by the Brookdale Mall management to occur within the eastern portion of the mall parking lot (previously identified as the Wal -Mart lot). The applicant has indicated that the goal for this year's farmer's market would be to have 25 vendors that would provide a variety of produce, crafts and food stands. The applicant has also indicated a preference to expand the market up to 50 vendors and is considering other sites that could provide a long term location, such as the Hennepin County Library site or the Brooklyn Center High School site. Zoning The Brookdale Mall is zoned PUD /C -2 (Planned Unit Development Unit Development/ Commerce). The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and sensitive site features, conserve energy and ensure a high quality of design. The Planning Commission has reviewed and recommended approval of development plans for the Brookdale Mall: March 9, 1999 - Development plan for the expansion, redevelopment and rejuvenation of Brookdale Center. September 17, 2007 - Development Plan to allow the construction of 184,500 sq. ft. Wal -Mart Super Center. The PUD provisions provide that 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 Page 1 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. 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. Attached is a copy of the 2007 revised development plan with the proposed location of the farmer's market. Administrative Permits: Section 35 -800 of the zoning ordinance allows the city's zoning official to issue Administrative permits for the following purposes or uses: 1. Tents, stands and other temporary structures for church functions, civic functions, charities, carnivals, and similar purposes for a period not exceeding 10 days. The permit fee shall be as set forth by City Council resolution. Certificates of insurance may be required to assure the public welfare 2. Out of door retail sale, storage and display of merchandise or offering of services when accessory to or promoting a permitted use or a special use within a nonresidential zoning district as follows: a. The out of door retail sale, display, and storage of nursery and garden merchandise, including lawn furniture and equipment, for a period not to exceed 30 consecutive weeks in any one calendar year. The permit fee shall be as set forth by City Council resolution. b. Miscellaneous out of door retail sales or displays or promotional events for periods not to exceed 10 consecutive days. Two such 10 day permits may be allowed per premises per calendar year. The permit fee shall be as set forth by City Council resolution. Attached is a copy of Section 35 -800 for you reference. With respect to the above provisions of the zoning code, I would like to discuss two options: 1. The provision, a period not exceeding ten days for church functions, civic functions, charities, carnivals and similar purposes. Question: Does this provision relate exclusively to non - profit activities or does the inclusion of carnivals expand the similar purposes to include an activity, such as a farmer's market? Question: Is it reasonable to imply that the term period, could mean a time period from June to October in which not more than ten dates could be used? Page 2 Question: Would it be reasonable to exercise the flexibility referenced within a PUD to allow a seasonal administrative permit for a farmer's market as part of a commercial use? 2. The other option is to expand the provisions for a period not to exceed 30 consecutive weeks for outdoor retail sale, display and storage of nursery and garden merchandise to include a farmer's market. Question: Could this farmer's market be used as a pilot event from which the City would develop a definition of allowable activities, uses and parameters for operation for future farmer's market applications? Page 3 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 11, 2009 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:06 p.m. ROLL CALL Chair Sean Rahn, Commissioners Joann Campbell- Sudduth, Kara Kuykendall, Stan Leino, Carlos Morgan, and Michael Parks were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Della Young was absent and excused. APPROVAL OF MINUTES — MAY 28, 2009 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to approve the minutes of the May 28, 2009 meeting as submitted. The motion passed. CHAIR'S EXPLANATION Chair Rahn explained the Planning Commission's role as 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. APPLICATION NO. 2009 -003 HOLIDAY COMPANIES Chair Rahn introduced Application No. 2009 -003, a request for Site and Building Plan approval and a Special Use Permit to redevelop a new convenience store /gasoline station at the southeast corner of County Road 10 and Xerxes Avenue North (5710 Xerxes Avenue North). The plan proposes to demolish the existing structures and to build a new 4,350 sq. ft. convenience store on the southerly portion of the site with five pump islands under a 30 ft. by 136 ft. canopy on the northerly portion of the site. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 6 -11 -09 for Application No. 2009 -003 and the Director of Public Works /City Engineer's report dated 6- 11 -09, attached.) PUBLIC HEARING — APPLICATION NO. 2009 -003 There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to open the public hearing on Application No. 2009 -003, at 8:03 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. John Baregi, Holiday Companies, introduced himself to the Commission. 6 -11 -09 Page 1 Commissioner Leino asked the applicant if there was a similar Holiday in the metro area that the Commission could look at. Mr. Baregi responded that a similar Holiday is located at Hwy 610 and Broadway Avenue. Commissioner Kuykendall asked if it is common for a transport to drive under a canopy. Mr. Baregi responded that Holiday has a minimum canopy height of 14.6 ft. which allows for adequate room for transports to go under the canopy. Chair Rahn asked if the station would be open 24 hours. Mr. Baregi responded that it is their intention to be open 24 hours. Commissioner Parks asked the applicant to address the need to push the building to the back of the property and create a smaller setback from the rear property line. Mr. Baregi responded that in order to keep their proto - typical store building, it was best to place it on the lot in this manner especially with a site that is less than an acre. He added that to allow for proper orientation and circulation of vehicles around the pumps and traffic flow, this is the best possible layout. Mr. Warren added that the original plan submitted included a car wash which created an extremely tight site, so the car wash was omitted. Commissioner Campbell- Sudduth asked for clarification of traffic flow from Xerxes. Mr. Baregi replied that there would be adequate room to enter and exit from the two access points, one from Xerxes and the other off County Road 10. He added that their plan is to close the westerly access off County Road 10. Chair Rahn asked about the parking spaces on the site and if the proposed number would meet the needs of the customers. Mr. Baregi responded that the proposed layout on the site, will have adequate customer parking even though they will have less pavement and more green space than is currently on the site. No other persons from the public appeared before the Commission during the public hearing on Application No. 2009 -003. CLOSE PUBLIC HEARING There was a motion by Commissioner Leino, seconded by Commissioner Morgan, to close the public hearing on Application No. 2009 -003, at 8:16 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Leino stated that he feels that the proposal being considered by the Commission will be a great improvement to the area. Commissioner Campbell- Sudduth asked when construction is scheduled to begin. Mr. Baregi responded that their plan is to begin in late July or early August 2009. The Commissioners interposed no objections to approval of the Application. 6 -11 -09 Page 2 i ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2009 -003 HOLIDAY COMPANIES There was a motion by Commissioner Kuykendall, seconded by Commissioner Leino, to recommend to the City Council that it approve Application No. 2009 -003, submitted by Holiday Companies, a request for Site and Building Plan approval and a Special Use Permit to redevelop a new convenience store /gasoline station at the southeast corner of County Road 10 and Xerxes Avenue North (5710 Xerxes Avenue North), subject to the following 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 of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may approve a lesser standard in deference to plan considerations. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of the utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The owner of the property shall enter into an appropriate trail easement within the green strip area along County Road 10 and an easement for the bus bench/shelter area along 6 -11 -09 Page 3 Xerxes Avenue as approved by the City Engineer prior to the issuance of building permits. 13. The owner of the property shall enter into a proof of parking agreement to provide up to 24 parking spaces on the site upon a determination by the City, to be constructed within one year, that such parking is needed. 14. The applicant shall obtain formal approval of the access arrangement along County Road 10 from Hennepin County Transportation Department and any necessary permits prior to the issuance of building permits by the City. 15. The owner of the property shall enter into an easement and agreement for the maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building pemits. Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, Leino, Morgan, and Parks. The motion passed unanimously. The Council will consider the application at June 22, 2009 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEM — FARMER'S MARKET Mr. Warren explained that the Commission was being asked to discuss the possibility of allowing a Farmer's Market in an outdoor market type setting. Mr. Warren added that typically outdoor sales of merchandise is not allowed except for what is allowed under Administrative Land Use Permits. He further explained that the city does allow various garden centers (not an open air produce market) throughout the city as allowed with an Administrative Land Use Permit for a period of not more than 30 consecutive weeks. Other types of outdoor activities are allowed on commercial properties but are limited to two permits per calendar year not to exceed ten consecutive days. Ms. Paome Yang, 5400 80 Avenue in Brooklyn Park, addressed the Commission and stated that she would like to operate a Farmer's Market at the Brookdale Parking lot on Sundays from June 21 thru October 18 on Sundays from 9:00 a.m. to 1:00 p.m. Mr. Warren explained to the Commission that what was before them was a consideration to allow an activity such as a Farmer's Market similar to what is allowed for garden centers under the Administrative Land Use Permit process. Commissioner Campbell- Sudduth asked if any research was done regarding how other cities have handled this type of request. Chair Rahn asked for some details from Ms. Yang regarding what kind of activities will take place at the Farmer's Market. 6 -11 -09 Page 4 Ms. Yang described to the Commission what area of the Brookdale parking lot the Farmer's Market will be located on. Commissioern Kuykendall asked for further information regarding what types of merchandise will be available at the Farmer's Market. Ms. Yang responded that she expects about 20 food produce booths and she is still looking for crafters and food vendors. She clarified that the food being sold will be locally grown. Chair Rahn asked Ms. Yang how the products will be displayed. Ms. Yang explained that each vendor brings in their own tent and sets up their own products for display and sale. She added that the vendors are responsible for clean up at the end of the day. Mr. Warren pointed out to the Commission that this is a proposed commercial activity and what the Commission should be considering is whether to amend the requirements for the Administrative Land Use Permit (which allows for outdoor sales of merchandise) based on the impact that the proposed activity will have on the commercial use in the area. Commissioner Campbell- Sudduth asked if Ms. Yang has considered using a space such as a parking lot at an apartment building or a school building and setting up the business on a temporary basis for ten days at a time. Chair Rahn stated that the alternative locations mentioned by Commissioner Campbell- Sudduth would create the same zoning concerns and Administrative Land Use Permits are only issued for commercially zoned property. Mr. Warren explained that the Commission's responsibility is to consider in what manner the city ordinances should be amended, if at all, to accommodate this type of use on commercially zoned property. Commissioner Leino stated that there currently is not a mechanism to allow this proposal to proceed beyond the ten day window. He added that this feels very rushed and more research needs to be done before any changes are made to existing ordinances. Ms. Yang stated that she operates Farmer's Markets in other communities such as Brooklyn Park and St. Paul. Commissioner Morgan asked Ms. Yang how Brooklyn Park handles the zoning of a Farmer's Market. Ms. Yang responded that she does not know. Chair Rahn suggested that city staff gather more information to allow the Commission to better make a decision. Mr. Warren further cautioned the Commission from allowing a commercial type of use in a residential zone, specifically allowing the Farmer's Market on school property which is residentially zoned since this type of proposal would increase traffic in the area Commissioner Kuykendall suggested that an ordinance amendment be made to allow outdoor sales such as a Farmer's Market to operate the same as a nursery or garden center. Chair Rahn stated that he thinks it is important to first define what a Farmer's Market is and determine how other communities have handled them. 6 -11 -09 Page 5 Mr. Warren noted that it may be possible to allow a Farmer's Market at Brookdale during the time that Ms. Yang is considering with the cooperation of Brookdale Shopping Center. He noted that each tenant at Brookdale, or existing tenant space, is entitled to two ten -day permits. If Brookdale Management is agreeable to allow the use of the permits for spaces they own and/or control, than such permits could be issued and cover the period of time while ordinance amendment language could be developed meeting Planning Commission and City Council concerns. Mr. Warren also suggested that the Commission consider an amendment to Section 35 -800 of the city ordinances which addresses out of door retail sales of nursery and garden merchandise for a period of 30 days, in commercially zoned property only, to also allow a Farmer's Market. He cautioned the Commission that by doing so, this would open up other types of activities on some of the vacant commercial properties in the city and that is why it is important to establish a definition for a Farmer's Market in the ordinance. Chair Rahn called for a motion supporting consideration of a Farmer's Market concept and to allow staff to develop a definition for a Farmer's Market and to research the topic in order to amend the ordinance to allow such a use. There was a motion by Commissioner Campbell- Sudduth, seconded by Commissioner Leino to direct staff to report back to the City Council that the Planning Commission supports the concept of a Farmer's Market and would like staff to further define the concept in the City Ordinance and to further develop recommendations for implementation under the Administrative Land Use process. Voting in favor: Chair Rahn, Commissioners Campbell- Sudduth, Kuykendall, Leino, Morgan, and Parks. The motion passed unanimously. OTHER BUSINESS Mr. Warren recommended that the June 25, 2009 be cancelled so that Commission members can attend the Earle Brown Days parade in light of the fact also that there are no business items for consideration. There was no other business. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Campbell- Sudduth, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:35 p.m. Chair Recorded and transcribed by: Rebecca Crass 6 -11 -09 Page 6 CONSULTING GROUP r INC MINNEAPOLIS I E N G I N E E R S I P L A N N E R S I DESIGNERS FARGO MADISON CEAP Development SRF No. 0096820 Average Daily Traffic Volume Summary April 20, 2010 INTRODUCTION As requested, a summary of the average daily traffic (ADT) volume impacts was developed based on the proposed CEAP development. The summary documents the methodology and ADT volume impacts associated with the proposed access changes and additional trip generation from the CEAP development. The information was used to determine the magnitude of the impacts to 71st Avenue, the proposed CEAP access locations, and the neighborhood to the west of the development. METHODOLOGY The most recent available ADTs are from the year 2007 and are shown on the attached figure. Existing peak hour turning movement counts were collected as part of the CEAP Site Traffic Study, dated February 8, 2010. These turning movement counts were used to determine the proportion of peak hour volume, with respect to the ADT, at known locations. The average peak hour volume, with respect to the ADT, was approximately nine percent and 10 percent for the a.m. and p.m. peak hours, respectively (ex. Brooklyn Boulevard ADT — 31,900 vehicles per day; p.m. peak hour volume — 3,086 vehicles (approximately 10 percent of the ADT)). This methodology was applied to existing turning movements at locations where ADT volumes were not previously collected (i.e. 71st Avenue). Once estimated, ADTs were calculated from the existing a.m. and p.m. peak hour turning movement volumes and averaged to develop the approximate ADT for the segment. The same methodology was used to develop the future ADTs at the CEAP access locations (71st Avenue and Brooklyn Boulevard) and 71st Avenue east and west of the proposed CEAP access. IMPACTS The existing and future ADT review identified the magnitude of impact on the adjacent roadways based on the proposed CEAP development. It should be noted that this information was documented for Scenario 2 conditions since it is the preferred alternative. The ADT review indicates the volume on 71st Avenue east of the CEAP access will increase. The increase is primarily associated with the CEAP expansion. The ADT along 71st Avenue west of the CEAP access will decrease. The decrease along 71st Avenue west of the CEAP access can be attributed to the closure of the existing Willow Lane School access along Perry Avenue. A significant amount of motorists that previously used the access locations along Perry Avenue will now be able to directly enter the school area without traveling along 71st Avenue west of the CEAP access. The potential remains for CEAP traffic to enter the neighborhood; however the amount is expected to be negligible. H: \Projects\6820�TS\Repo rA] 00420_Final_CEAPADTs_TS. doc www.srfconsulting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447 -4443 1 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer pllA Cig - .., �/� 'v � 0 1Z �' m m j •ql ` 'c ^ � ` j l L_.. .... ' �' �f AV u�99 f O 4 4391 rn 02i N �'3AV�' t .L9 O 7 AV 66 x33H9 i., c o nz Z5! AV o 3AV 4� 8 v r* C { r jyJ ,� v I r n ilnz �I� rn c 8~ � N Oi. z x i oar 1 �, 0�} T ` i()�T sai ��1 � I ° I A f 1 o b < , J �VSan i� ' zc :IIn AV ( {��, j ` 4169 0�1 J •`n t .. 2 ,� av� .ratu�ad � �In � ;; �i A r" _ I `� < , ` t�y•Fbt �.1 aD m N n J 3Atl 4; Msn m C` AV r rv �� . i LJ t3I� S fC 4 a -.� d3 )Q1A I `--' n r' ' i� �nz!! I� rn ' `•' x'21 J �{ d.�.si7 AV J' 't D:u! `� SONOd 11 .q f 3 i'O OM 5� Lz az n ZZ I Z h, miza c, �ao�ltiv .sue c,7,,,r�j Nol ?1 \ ti fdA Gary Eitel From: Schraad, Mike [MSchraad @WelshCo.com] Sent: Wednesday, April 21, 2010 9:36 AM To: Gary Eitel Subject: FW: FW: CEAP Gary, Below are two e -mails from SRF that I believe add clarity to the traffic on Perry related to the proposed development. Let me know if you still have questions. Thanks. Mike Schraad Vice President Welsh Construction, LLC 952.897.7862 tel 1 952.292.3883 cell Please consider the environment before printing this e -mail. From: Matthew Pacyna [ mailto :mpacyna @srfconsulting.com] Sent: Wednesday, April 21, 2010 9:31 AM To: Schraad, Mike Subject: RE: FW: CEAP Sorry for the confusion. I think the most simple way to term it should be the following: - 71st Ave (west of the CEAP access) and Perry Ave (north of the current school access locations) will see a decrease in traffic volume of approximately 450 vehicles per day (new ADT will be approximately 225 vehicles per day on this segment). - Perry Ave (south of the current school access locations) will see a minimal increase of 60 vehicles per day. This equates to approximately one additional car every five to 10 minutes during the peak hour. Please let me know if this further clarifies the issues. Thanks. Matt Matthew Pacyna, P.E. Senior Engineer SRF Consulting Group One Carlson Parkway N. Suite 150 Minneapolis, MN 55447 Phone: 763 - 475 -0010 Fax: 763 - 475 -2429 E -Mail: mpacyna(absrfconsulting com 1 >>> "Schraad, Mike" <MSchraad @WelshCo.com> 4/20/2010 5:19 PM >>> Matt, The last sentence is confusing. Mike Schraad Vice President Welsh Construction, LLC 952.897.7862 tel 1 952.292.3883 cell Please consider the environment before printing this e -mail. From: Matthew Pacyna [ mailto :mpacyna @srfconsulting.com] Sent: Tuesday, April 20, 2010 5:06 PM To: Schraad, Mike Subject: Re: FW: CEAP Mike, Gary has the impacts to 71st Avenue described correctly. Existing ADT: 675 vpd Future ADT: 225 vpd Result: 450 vpd reduction along 71st Avenue West of the CEAP access and along Perry Avenue (north of the existing school access locations). The 225 vpd includes the 60 vpd from the CEAP site. The 225 vpd does not include vehicles that currently use Perry from the south to access the school. This information was not collected as part of the traffic study. However, since the school is not a typical elementary school, it does not necessarily draw trips from the immediate adjacent neighborhoods. This indicates that school trips would be more likely to come from Brooklyn Boulevard than Perry/69th. Therefore, the increase along 71st from school trips currently along Perry would be minimal and the 225 vpd is an accurate estimate. Let me know if this clarifies the issues. Thanks Mike. Matt Matthew Pacyna, P.E. Senior Engineer SRF Consulting Group One Carlson Parkway N. Suite 150 Minneapolis, MN 55447 Phone: 763 - 475 -0010 Fax: 763-475-2429 E -Mail: mpacyna(Dsrfconsulting com >>> "Gary Eitel" < geitel @ci.brooklyn- center.mn.us> 4/20/2010 3:31 PM >>> Mike, Could you assist in responding to the City Manager's question on what the data is telling us for the impact on Perry Street north and south of the school: 2 The exhibit indicates an ADT on 71 Ave. of 675. The sketch then illustrates future ADT at 71 & Brooklyn Boulevard at 720 with 490 entering the new drive to the NW Family Center and Willow Lane ECFE. It illustrates 225 ADT entering on 71 Ave. with an arrow pointing in both directions. If there were a simple mathematical exercise, I would subtract 225 from 675 and indicate a reduction of 450 ADT as a result of the improvements. I would then reference page 15 of the traffic study which indicates that the directional distribution analysis projects that about 60 vehicles of the trips for the NW Family Service Center will likely use Perry Lane to access the site vs. using Brooklyn Boulevard. I would then want to confirm that the 60 vehicles are included in the 225 ADT? Would you mind asking Mathew what would be an appropriate response to this question? Gary From: Steve Lillehaug Sent: Tuesday, April 20, 2010 2:02 PM To: Curt Boganey; Gary Eitel Subject: RE: CEAP The memo was very hard to follow. It somewhat says the same thing I did in my email yesterday pertaining to the Perry /71 traffic impacts. However, the SRF memo makes even lighter of the traffic impacts and changes on Perry Avenue relative to the CEAP expansion in the sense that SRF sums it up saying the impacts are "negligible ". I wouldn't go as far as saying they are negligible but more rather "minimal ". Steven L. Lillehaug, PE, PTOE Director of Public Works /City Engineer I City of Brooklyn Center 6301 Shingle Creek Pkwy I Brooklyn Center, MN 55430 -2113 763 - 569 -3328 direct 1763-569-3494 fax slillehaugCcDci.brooklyn- center mn us From: Curt Boganey Sent: Tuesday, April 20, 2010 1 :56 PM To: Gary Eitel Cc: Steve Lillehaug Subject: RE: CEAP Gary, What does this data mean specifically as it relates to Perry Street, North and South of the school? From: Gary Eitel Sent: Tuesday, April 20, 2010 11:40 AM To: Curt Boganey Cc: Steve Lillehaug Subject: FW: CEAP Attached is a memo from SRF regarding traffic projections associated with the NW Family Service Center and reconfiguration of the 71" Ave. access. 3 C1tL OI ~,ra 1 F F g P i]roma `Ah < 9 n Tt!v1 AVe m �.',m rd J { ''Y la Trx1 Avx ¢ t4A J }NA'a %� Q J2n0Ace PO TEN L TRAIL Brookl Ce nter 3 • •• z f „ter ' omA CO N CTION LVW - H DT 2r1 g z MBOL Figure _ ORTHHENNEPIN = UARE N n s > �. Planing Issues A SHINGLE CREEK ” HUMBOCDT AVE. Ii 1AlY 2'S (ExISTING) TRAIL OPPOMNMES �A A. -F- Leg ..�� _.� M ISSI SIPPI schools I t a s,m qre RI E EbaW L u Parks CIVIC City Center aft CENTER \ _ Ir rA BR N BLVD': '(\ \ \ Existing Trail COfR' \� \_ RTCJ 0 00 Trail Connections OPPO NITES I ImproveFnent Arcs Opportunity Site Brookdale POTENTIAL,TRAIL CONNECTION Northbrook < • ._ \_.__ •, �Y• • • °1 HumboldtS uara r • OR g O �������� II II III, ' .., • �OTENTIA L KEDEVELOPMENTe IIII IIIII CorridorOpportunitic� Brooklyn Blvd. 'A"r • �' K*+.e wiure �,m < „. Humboldt Ave. 57th and Lyndale Ave. r mi. o 194- 5 - `” �' S:eO AaeH � ALa N 5.9x0 AVeH 5�r0 AreN +s 4 C H' DO E 1,600 800 0 1,600 Feet F. o�P + TEN 1030 rnmprehensirc Plan City of Brooklyn Center in Cooperation with Three Rivers Park District Request for Proposal (RFP) F fessional: Professional Consulting Services — Master Plan ect: Twin Lakes Regional Trail /Greenway Trail /Redevelopment Concept Proposal Due Date: Primary Contact /Submit Proposal to: Gary Eitel Community Development Director Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (763) 569 -3305 geitel(s�ci.brooklyn- center mn us Background The City of Brooklyn Center continues to evaluate redevelopment options to provide the highest quality vehicular and pedestrian amenities for their community. The redevelopment of Bass Lake Road between Xerxes Avenue and State Highway 100 and partnership with Three Rivers Park District (Park District) and Hennepin County for long -range regional trail development and operations anchors this redevelopment initiative. The City of Brooklyn Center and Park District entered into a cooperative agreement in 2009 for development and operation of regional trails in the City of Brooklyn Center. This agreement includes construction improvements between Xerxes Avenue and Shingle Creek Parkway including a regional trail component. Partnership opportunities exist as continued redevelopment, street reconstruction, and regional trail options are considered for the future. A. General The City of Brooklyn Center and Park District are seeking proposals from qualified consulting firms to provide professional master planning services for potential redevelopment initiatives including roadways, trails, sidewalks, and utilities. The master planning services will require development of a feasibility report to identify and quantify the components included in the master plan. A project description is included as part of this document. This RFP describes the services required and the process for selecting the qualified consulting firm for this project. Prospective firms shall submit three (3) copies of their proposal in a sealed envelope along with the proposed fee outlining costs for all work in a separate envelope no later than the date and time identified above to: 1 Gary Eitel Community Development Director Brooklyn Center City Hall 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 (763) 569 -3305 geitel(d)ci.brooklyn- center mn us All proposals must be clearly marked - "Proposal for Twin Lakes Regional Trail /Redevelopment Concept" B. Scone of Services All consulting services requested for this project are identified in this paragraph. All other professional services required to complete these tasks are considered incidental to the project and are to be accounted for by the consultant. The optional services (Paragraphs B4 and 5B) are considered an optional service whose inclusion in the overall project is dependent on proposed consulting fee and city financing. 1. Basic Services - Inventory and Mapping a. Current Infrastructure - accurate inventory and mapping of the area depicted in Attachment A. Including but not limited to streets, sidewalks, utilities, commercial, residential, and public land. b. Base Map - development of base map of area depicted in Attachment A for use in interactive discussions related to planning, design, and construction alternatives. c. Identification and depiction of general current vehicular and pedestrian traffic patterns affecting, and within; the areas depicted in Attachment A. 2. Basic Services - Conceptual Regional Trail Alignments a. Preparation and development of graphic illustrations identifying all potential regional trail alignments connecting State Highway 100 to the Mississippi River including: i. identification of opportunities and constraints ii, feasibility study including general cost breakdown iii. anticipated vehicular and pedestrian traffic patterns as a result of regional trail alignments b. Evaluation, identification, prioritization and feasibility analysis of regional trail alignments as related to long -range redevelopment opportunities to increase public and private community value including cost /benefit analysis and strategies for future development. c. Develop recommendation for highest value regional trail alignment. d. Staff meetings (as required). e. Public open house (1) and requisite support documents. f. City Planning and Council meetings and /or workshops (2). g. Park District Committee, Board or workshop (2). 2 3. Basic Services - Regional Trail Master Plan a. Consolidation of information and final recommended alignment into master plan format for city, Park District, and Metropolitan Council review and approval. b. Master plan to address all requirements established by the Metropolitan Council and Park District. Content and style sample attached (Attachments B and C). c. Draft master plan printing (40 copies). d. City Council and Park District presentations (2 meetings). e. Revisions to master plan as required by City Council, Park District or Metropolitan Council. f. Final master plan presentation - City Council and Park District (2 meetings). g. Final master plan printing - 50 bound copies, 1 unbound copy, 1 digital/ electronic format. 4. Optional Services - Redevelopment Concept with Regional Trail Component a. Preparation and development of graphic illustrations identifying a potential Redevelopment Concept including neighborhood, commercial and residential redevelopment opportunities, and a regional trail, for the area depicted in Attachment A. The Redevelopment Concept is further defined in Attachment D. i. Identification of opportunities and constraints. ii. Feasibility study including general cost breakdown. iii. Anticipated vehicular and pedestrian traffic patterns as a result of Redevelopment Concept and regional trail component. b. Comprehensive evaluation of Redevelopment Concept and regional trail component defining long -range redevelopment opportunities to increase public and private community value including, cost /benefit analysis and strategies for future development and growth. c. Develop short -term and long -range implementation strategies. d. Staff meetings (as required). e. Public open house (1) and requisite support documents. f. City Planning and Council meetings and /or workshops (2) g. Park District Committee, Board or workshop (2) S. Optional Services - Revision of Regional Trail Master Plan to reflect Redevelopment Concept and recommended alignment of regional trail related to that redevelopment concept. a. If optional service is selected, revise and modify Regional Trail Master Plan to reflect regional trail component of the Redevelopment Concept. 6. Consultant Identified Support Services a. Consultant shall prepare and describe, in detail, all additional services that consultant has determined are required to perform and /or deliver deliverables 3 required as part of basic services - paragraphs B1, B2, and B3. Consultant shall identify respective costs for these services and rationale why support services are required and should be included in overall fee. These support services are in addition to owner approved reimbursable expense eligible through the consultant contract. See sample agreement for reimbursable expenses (City). b. Consultant shall prepare and describe, in detail, all additional services that consultant has determined are required to perform and /or deliver deliverables required as part of optional services - paragraphs B4 and B5. Consultant shall identify respective costs for these services and rationale why support services are required and should be included in overall fee. C. Submittal Evaluation The Selection Committee expects to review the proposals and formulate a consultant contract for consideration by the Brooklyn Center City Council at their first meeting in February 2010. There will be no interview. Two Three Rivers Park District staff members will be included in the Selection Committee: Kelly Grissman Del Miller Planner Intergovernmental Relations Administrator Three Rivers Park District Three Rivers Park District 3000 Xenium Lane N 3000 Xenium Lane N Plymouth, MN 55441 Plymouth, MN 55441 763 - 694 -7635 763 - 559 -6754 K Grissman (a ) threeriversparkdistrict ora - DMillerCa threeriversparkdistrict ora The City of Brooklyn Center and Park District utilize the following criteria in selecting and recommending a consultant that provides the best value in meeting the project requirements: 1. Consultant's Statement of Solution 2. Project understanding, approach and coordination methods 3. Similar project experience 4. Consultant team and project manager qualifications 5. Schedule Following an evaluation and ranking of all submitted proposals, the selection committee will open and review all submitted fee proposals. Consultant fee will be considered in determining the best value for this project. D. Consultant Submittal The proposal shall include, at a minimum, the following information: 1. Statement of Solution Describe how your firm proposes to solve the challenges of this project and include any opportunities that should be considered. 4 2. Project understanding, approach and coordination methods. a. Consulting firm shall describe understanding of project and identify approach to fulfill the scope of services and deliverable requirements. b. Consulting firm shall summarize the key elements of the proposal and outline reasons why your firm should be selected. 3. Similar Project Experience Consulting firm shall identify similar project experience within the last three years and provide a reference for each. 4. Consultant Team and Project Manager Qualifications Consulting firm shall identify project manager, work preformed on similar projects, and manager qualifications. Additional team members including subconsultants, if required, shall be identified including previous experience and qualifications. 5 S. Schedule Consulting firm shall confirm the key work tasks, milestones, and critical path based upon Park District's proposed project schedule. The proposed project schedule for this project includes the following milestones: [services/ Milestones Basic Services B1: Inventory and Mapping Milestones Date: Complete Basic Services B2: Conceptual Regional Trail Alignment Milestones May 2010 Complete Basic Services B3: Regional Trail Master Plan Milestones: Ma 2010 Project start March 2010 Existing regional trail documentation April 2010 Public Open House June 2010 Identification of preferred alignment July 2010 Draft Master Plan completed Aug 2010 City Council Review of Draft Master Plan Aug 2010 Park District Board Review of Draft Master Plan Aug 2010 Metropolitan Council Review (Park District staff responsibility) Sept /Oct 2010 Revisions to the Master Plan as required by City Oct 2010 Council/Board/Metropolitan Council Final Master Plan printing Nov 2010 Park District Board approval of final Master Plan staff res onsibilit Nov 2010 Project close out Nov 2010 Optional Services B4: Redevelopment Concept Milestones Project start March 2010 Identification of alternative housing redevelop ment /greenway April 2010 opportunities Conceptual design graphics for each opportunity alternative, including May 2010 g reenway component. Cost - benefit analysis of alternative OlDportunities. May 2010 Public Open house same as trail open house June 2010 City Council presentation July 2010 Final feasibility study report August 2010 Project component close out August Optional Services BS: Revision of Regional Trail Master Plan to 2010 reflect Redevelopment Concept If Option B5 is selected, milestones under this option will coincide with See above 131 -134 milestones The consultant may elect to propose an alternate schedule as long as the Final Master Plan and Feasibility Study are completed on or before December 31, 2010. 6 6. Fee Proposal In a separate sealed envelop, the consulting firm shall identify fee for each phase of work: a. Basic Services: Paragraphs B1, B2, and B3 b. Optional Services: Paragraphs B4 and B5 C. Consultant Identified Support Services: Paragraph B6 The optional services fee should document the Optional Services cost - savings realized by completing both the basic services and optional services under one contract and in conjunction with each other. Consulting firm shall identify total fee to complete described work with a breakdown of tasks, estimated hours, and hourly rates for each staff member. Costs for each phase of service shall be individually delineated. The total fee shall reflect all costs, included but not limited to, sub - consultants, meeting allowance, specified deliverables, overhead, profit and reimbursables. The fee shall be structured as hourly not -to- exceed or propose a fee structure as viewed by your firm, as appropriate. 7. Budget The scope of this project includes an urban planning component (housing redevelopment assessment). Consequently, to ensure the ability to hire a full - service consultant that meets the needs of the City of Brooklyn Center and Park District, the Request- for - Proposal and all related contracts will be managed by the City of Brooklyn Center. Financing for Basic Services: Twin Lakes Regional Trail Master Plan Services has been secured by the Park District and the City of Brooklyn Center. All consultant costs associated with Basic Services will be equally shared by the City, and the Park District. Financing for the Optional Services: Greenway Trail/ Redevelopment Concept will be the responsibility of the City of Brooklyn Center. Election to obtain the desired optional services will be at the discretion of the City. Attachments Attachment A: Study Area Attachment B: Regional Trail Master Plan Guidelines and Style Example Attachment C: Typical Regional Trail Cross Section Attachment D: Redevelopment Concept 7 Attachment A: Study Area Existing Shingle? I � $ Creek RT x �f 3 � a� �. Study, Area "9 VW W KKK Ito Rte` 4. x , V Existino Twin Lakes RT' U4 r P Existing North Mississippi 04 >� Regional Park Trail • v; �'€ ` a 3 ',r {Y Study Area is defined as area bounded on the: • North - by 58 Ave N • South - by 53r Ave N • West - by Shingle Creek Regional Trail • East - by North Mississippi Regional Park Trail 8 Attachment B: Regional Trail Master Plan Guidelines and Style Example Regional Trail Background As envisioned, Twin Lakes Regional Trail is a connector regional trail, starting at its junction with the Crystal Lake Regional Trail in Robbinsdale, connecting to the Shingle Creek Regional Trail in Brooklyn Center, and terminating at a junction with the North Mississippi Regional Park trail on the west side of the river. The trail traverses a fully developed community, providing local and regional residents with access to downtown Robbinsdale, the Brookdale Mall shopping area, Brooklyn Center City Hall and Hennepin County Library (via the Shingle Creek Regional Trail), a local elementary school, and North Mississippi Regional Park. The Twin Lakes Regional Trail will connect into the 100+ miles of the Three Rivers Park District regional trail network (see Map 1). When completed, Twin Lakes Regional Trail will be approximately 4 miles in length. As of 2009, approximately the western -most 2.25 miles of regional trail have been constructed, from Twin Lakes Park north to the intersection of Xerxes Ave N and Bass Lake Road (CSAH 10). An additional 0.25 mile segment of trail is scheduled to be completed from Xerxes Ave N east to Shingle Creek Parkway along Bass Lake Rd /CSAH 10 in 2010 (See Map 2) The alignment for the remaining 1.5 miles of regional trail 'has not been determined. The desire to determine the preferred alignment and to be able to complete development of the regional trail has led to this project RFP. The Master Plan Services project's primary goals are to: 1) Identify the preferred alignment of the portion of trail that has not been constructed; and 2) Development of a Regional Trail Master Plan for the entire trail using Three Rivers Park District Master Plan standards and which meets the requirements of the Metropolitan Council. To reach these goals, the following objectives are required: A. The preferred regional trail alignment should maximize benefits associated with regional trails while balancing: ■ Trail user safety • Potential use levels, ■ The quality of the trail experience, • Local area planning, ■ Local area benefits, ■ Impacts on the local neighborhoods. B. The process must engage the local community and the interested public. C. The Master Plan must meet the requirements of the Metropolitan Council through the inclusion of the following elements within the master plan: Master Plan Requirements as Defined by the Metropolitan Council 1. Boundaries and Acquisition Costs: A list of parcels to be acquired (or obtained through easement and the estimated total cost and schedule for their acquisition; information on natural resources (see natural resources item 11 below), site suitability, special assessments and other conditions that affect acquisition of the site or location of the boundaries. 1 Attachment B: Regional Trail Master Plan Guidelines and Style Example 2. Stewardship Plan: A program for managing park property, including activities, expenses and anticipated revenue prior to developing the property for recreation purposes. Planned nonrecreation uses and disposition of revenue from such use should be detailed. 3. Demand Forecast: The recreational demand to be met by the site as identified by the Council, the regional park implementing agency or other sources. 4. Development Concept: A plan for recreational development and natural resource management, including schedule and cost estimates for each project and the approximate capacity of each facility. Conflicts between recreational and natural- resource management needs in developing the park /trail unit should be addressed and resolved. Amendments to an acquisition -phase master plan should be made prior to funding recreation and visitor support facilities if there is insufficient detail on the scale and cost of the facility. Alternatively, the final design /engineering phase of a proposed facility should be funded first, with construction funding provided in a separate capital improvement grant. 5. Conflicts: Identification of conflicts with other existing or proposed projects or land uses affecting the park /trail unit, including steps necessary for their resolution. 6. Public Services: A description of any nonrecreational public services and facilities, such as roads or sewers, needed to accommodate the proposed recreational use, including the timing of these services and the arrangements necessary to provide them. 7. Operations: Rules, regulations or ordinances affecting the site, including estimated operations and maintenance costs and sources of revenue to operate and maintain recreation facilities and to manage natural resources in the park /trail unit. The operations plan should also indicate how energy to operate and maintain the park unit is being managed and conserved. The plan should also state how solid waste from park users is recycled and disposed of consistent with applicable laws. 8. Citizen Participation: A process to involve affected municipalities and the general public in the master planning. The process must include, but not be limited to, timely notice to the affected municipality and an opportunity to be heard. The master plan should include a summary of comment received with emphasis on issues raised. 9. Public Awareness: Plans for making the public aware of services available when the regional trail is open, including cooperative measures with the Council's regionwide awareness program. 10. Special Needs: A plan that identifies special populations to be served by the facility and addresses accessibility, affordability and other measures designed to ensure that the facility can be used by members of special population groups. 11. Natural Resources: As part of the master plan, there should be a natural - resource management component that includes: 2 Attachment B: Regional Trail Master Plan Guidelines and Style Example a. Natural Resources Inventory (NRI) as a part of the master plan process. An NRI should include a land cover inventory that is consistent with the Minnesota Land Cover Classification system developed by the Minnesota Department of Natural Resources and the Metro Geographic Information System - a consortium of government entities in the region that create, manage and share digital geographic data. It is the same format used in the Metro Greenways program. Using the same NRI format will assure compatibility with other natural resource inventories that have been completed or will be done in the metropolitan region. The natural resource inventory should include native plant communities mapped in the Minnesota County Biological Survey and listed (rare, endangered, and threatened) species documented in the Natural Heritage Information System b. The Natural Resource Inventory should be a basis for projects /proposals to restore degraded resources and maintain high - quality natural resource features, including the estimated capital costs of natural resource restoration projects. Implementing agencies should consult with natural resource professionals in the design and final construction of park facilities, especially trails, that are adjacent to or cross over natural resource areas. The final design and construction should allow the public to view and enjoy these natural habitats with minimal adverse impact on that habitat. c. Information on how surface water and groundwater resources in the unit, including wetlands, will be protected. This should include standards and requirements that are consistent with the Council's model ordinance for stormwater management. The master plan should include provisions to, first, avoid wetland impacts; second, minimize impacts; and, finally, mitigate impacts when no other options are available. d. Information on how vegetation will be managed. Vegetation management is important for maintaining water quality, preserving plants, and providing bird and wildlife habitat. It involves protection of old growth trees and rare and endangered plant species, control of exotic species, forest management practices, vegetative buffers on water bodies, and consideration of hard surfaces, including shortly mowed turf. The DNR's "Guidelines for Managing and Restoring Natural Plant Communities along Trails and Waterways" is a good reference. State Critical Area guidelines /standards on vegetation management and resource protection should be addressed in master plans of parks and trails within the Mississippi River Critical Area /Mississippi National River and Recreation Area. Three Rivers Park District Master Plan Template: Three Rivers Park District uses universal content and style templates for all of its master plans to ensure consistency and completeness. The content template reflects the required master plan elements set forth by the Metropolitan Council, but is organized in a more logical order and chapter structure to increase accessibility to the document. The style template uses Adobe In- design software. Other software may be used, as long as the master plan shares similar style with previous Three Rivers' master plans. 3 Attachment B: Regional Trail Master Plan Guidelines and Style Example The Rush Creek Regional Trail Master Plan was the most recently completed trial master plan by the Park District. The following page snapshots reflect the style and content used in developing the master plan document. An electronic copy of the Rush Creek Master Plan is available upon request. Cover Page Executive Summary 77ireeRivers Executive Summary PARK DISTRICT U:,rAr. u P :• » w,ar c , r n. <oorcn m Oro« Rvn x craw.wasa- R.k Rae«Ya wR:, r•4„ r;•µ4 Y:a. ,:,... , re:l arr.r aA caw anrd, ar:: aep a:vk, ',w L'nA w:f k.Arw' w:sx ; rrnk t,: s4: n:GS xr; ,vEl I,xw4�r,ca r JAVS. ::il:n,d rnfa4sx xrnY�l.'A waikM; rr,>MC M1kA rr:rES rrxuMtxat nv:Y W TM w:aM1 tcurY,Rerrtl.r�i takx.,e a •, u a lx ,U�wst hs'I e:,,ns iM wMaa k,gtn r /nxJmn Ilxrp�:, ya: -� <cn' «yr:tk <n rvrL'wrn W 4 r 1 '3 ,� � ( 1 S." W nk J�wM CW ! .q•J [ IxJ Rvk U t W.:E r 1 t Ek. erL Igrk (, U 1 L4. 4 ' wb a+rca: � ar�Rr• .wwx..,a .aea yr aarA. „ „. wsr�v.,aw, ws � TM PaawJ Il 4 Ckn rrwl. Mk 4e.a+ - aM Y ':,t wr R da ,vlly Mx row •h - mst� p .t, MwmP. mRcan <mr:ril re yt rr k t Tnfw9. e 1st' r y 1 ^ I t wixn Z-1 It - .1 _ aveY :! W m M xd= twn ulwu wiU, k A:ov`::.yn Ha+ -x,aer w n...wxnrx rw:n x.l farAamA deww,»n, a rA:M :mu a,rwa. w:W, Cr.wk gay T.x. �..vw Gp,. 111 Table of Contents Section Title Page "Table of contents sreLr:oN i ,;, ::I:,, rr—: „, .. SECTION I: _.. C. 7 :' , :, Planning Framework • • c xft. M ,.wk R e r Too t<fnx ka rrk fAam 1,'. t hn vlt ;it 7 l io�w.Lalx a. ,y tM .and :iE T.r � I St +.T:v; `.I G4 t .Y 3:,5 t ;,_•nan :.............. •.. - "4 ,K J Wtaks mA rx4z ......... 4: RJr satvY, al U abste: Ybn rxr.Hev Ce:kyra:q w: Ur iMrawAran .. ,.. ... qj aavral re, s;4 t M - R. .. ..... n .4 aw tw w:uv APPEND G; r,.. , .I.:ns.... ... ... •.x:::.r.,,.wMTM1,wa:rcrs oaM [+.vb: a. o!o,nr,y xw n,xxry,Ay ................ a.A ba:s. .............. .................. r.. Met ra. alltan Keg!orai p. .. arks sys:ern i`:r'.t E:C:h,i::9 • •. • . • • •. • 'La Tuna CRiw ':aumwlY+v'xriwrwlAlrrnr.a,tx, RyNmal [wks �Intw� • •.. . •.. • • • •.. ' � Y •YaKi:utM aM:Meas h Aw ce W rK.,niMn ana «xzrce Peavewn eMan t!,e:eQlan a, rxxl RS aw,x,x ::re:✓:tM1. Ty Nu: u.':M1tar 21 — N:ks Sva ;nn YRArdas )5 reykn,:l rests. n,i4 iesenva, tt tta0l a,n wv spenal y;,aaun arras antl h sdl ' M avlry. CwmkM, tnxaere S:pf4�acreAalrretr¢eJkWA, w4,gerx,ea w+,io-:µ o• .a eadmw te.rw: a.r» a «. em nea n ,aar :. TM 'e:,d!Aen Re4b al RMS 1 - 1 tt naM,p nI:O axk 4+gkma,Yny ,.wWrL::A w s:r tttaav 4;rx Uronro: !Mrr un W k n�.a:trrn,rtaxW ^.xvv. RM1W,s Vrc4 fmhr't. wrrn Creay. RV�ona iaA Dbvlrr Ilan YI. Hr_r. CTaev WRYS.V TM Nnsrn Ws„ 1 4 Attachment B: Regional Trail Master Plan Guidelines and Style Example Map 1: Location of the Twin Lakes Regional Trail within context of the planned Three Rivers regional trail network. Elm Creek Crow River Connector Regional Trail , Mississippi River Regional Trail Rush Creek frryiC'.ek far. Rpsn Park Reaene Regional Trail Coon Rapid, Lake Independence oert1 R"— Regional Trail Park Shingle Creek , 4 a Regional Trail Medicine Lake Crystal Lake Sarah Creek Regional Trail Regional Trail Mississippi River Regional Trail" Regional Trail F,.4 Elm Creek ' Rryl <.nx Pwk Regional Trail rl«a, ml- P , Lnke Re"aeoca - Pant Resorie Rr P Eagle 1. akn Repmrsal Pa!k Y. Lijce Line 2 S�WC•• p�cial Twin Lakes Rraie a:�m _.. :..::., cirooe r—n " Trail_° €....,. n - ,:. Rop•onal Park « , 3" < Luce Line Silverwo Maple Plain k.`akrr Regional Trail - Connec r Connector P a' ka `s 61 ' 0 Dakota Rail Diago Regional Trail rail Extension - Bassett Creek CP Rail , Regional Trail"' North Cedar Lake +aarocs Regional Trail ? - CR 19 pen Rereazan s. Connector i Dakota Rail Bryant Lake RP Cedar Lake LRT I Regional Trail Connector Regional Trail v �,.. e• , " K F icl'ca Canta - Ca ,irk CR Yol Teearver Rime Trail &Pant lake County Reg'"" Park Regions( Trail $yet,..Y' +Y Lake Minnetonka LRT Nine Mile Creek Lake Waconia Regional Trail Regional Trail Connector Progressive Rail Minnesota River Bluffs LRT , Regional Trail Rwanaeas n�dew� CP Rail To Dakota lases Park Rest +e - County Regional ' Old Cedar. Trail System Avenue Regional Trail N 0 2 4 6 8 a 4.-- h9iles Existing, Planned, and Proposed Regional Trails TRPD Planned and Existing Regional Trails TRPD Proposed Regional Trails - Other Implementing Agency: Existing or Planned Regional Trails 5 Attachment B: Regional Trail Master Plan Guidelines and Style Example Map 2: Location of the existing portion of Twin Lakes Regional Trail* a Y�, ''� .• 'sit X e '. # f �: +� fz ` yv k F u, u * includes segment of trail to be constructed along Bass Lake Rd /County Road 10 in 2010. 6 Attachment C: Typical Regional Trail Cross Section TRAIL NOTES: 1. TOPSOIL AT 6" MIN. DEPTH. SEED WITH MnDOT SEED MIX 250. 2. 2' WIDTH AT MAX. 2% SLOPE ON SHOULDER. 3. DRAIN TILE 20' LENGTHS AT LOW POINTS. 4. 3:1 MAXIMUM SLOPE (H:V) OUTSIDE OF TSHOULDER. P 5. MIN. 3'CLEARANCE FROM Q—� TREES OR OTHER OBSTRUCTION. . ry-, � �' � .� I r, MAINTAIN 10' CLEAR ZONE ABOVE TRAIL. TRIM TREE BRANCHES ACCORDINGLY. VARIES 3' MIN ---- 3 WN T-O" MIN. X-0 S T ROADWAY 4" BROKEN LINE (3 S'TRII 9SF YELLOW LATEX 3" TYPE LVWE 45030B BITUMINOUS PAVEMENT 6 CL. 5 AGGREGATE BASE 1007. CRUSHED (MnDOT 3138) f 12" SCARIFY, DRY, AND RECOMPACT SUBGRADE MATERIAL 6" TOPSOIL, TYP. TYPICAL TRAIL SECTION 10' URBAN W1 BOULEVARD NTS J p 1 Fa DATE REVjc-;j0N TRL 7reeRivers TYPICAL TRAIL SECTION PARK DISTIUCr TO' URBAN W1 BOULEVARD rFIARTMEP47 UPLANNMG AND rF\,'Fi OPMENT STANDARD DETAIL PLATE 30 Xenlum Lane North Plymouth, MN 55441 Fax 763-557-5248 7200 Hemlock Lane February 23, 2010 Suite 300 Minneapolis, MN 55369 763.424.5505 main Mr. Gary Eitel 763.424.5822 fax Business & Development Director loucksassociates.com City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Trail Planning Services — 53' Avenue Corridor Brooklyn Center, Minnesota Loucks Proposal No. PI 0026.00 Mr. Eitel: We appreciate the opportunity to submit this proposal for trail planning along 53` Avenue North between Humboldt & Bryant Avenues. The attached scope of work is based on our understanding of the project from your prior conversations with Jared Andrews and our recent meeting regarding this project. Loucks Associates has completed a variety of trail planning projects for municipal clients. Our principal landscape architect, Paul Kangas, served as the park planner for the City of Maple Grove prior to starting the landscape architecture department for Loucks Associates in 2000. We are aware of the issues related to municipal trail planning and look forward to assisting you with this project. Some examples of our previous work experience include: Rush Creek Linear Park: As a rapidly growing community, Maple Grove needed to further identify linear open space opportunities within the undeveloped portion of the community. Already known for an expansive public trail system, the City wanted to plan for future development adjacent to one of the City's last significant natural resources — Rush Creek. Complicated by major wetland complexes, Interstate 94, and multiple property owners, the linear park options were explored and the resulting master plan is being used to guide future land acquisitions and local connections to this valuable open -space amenity. Civic Campus Master Plan The Maple Grove Civic Campus was formed with the addition of a new Public Services Building adjacent to the Community Center. The resulting site was a natural location for a community park that includes the only lighted, year -round maintained trail system in the City. Additional development was master planned including a community picnic structure, botanical gardens, outdoor performance venue, winter recreation areas, and private development opportunities. Rice Lake Loop Trail The most widely used trail system in Maple Grove, the Rice Lake Loop Trail was in need of updating after almost twenty years of heavy use. New standards for signage, accessibility, safety, and minor routing changes were implemented. planning • civil engineering • land surveying • landscape architecture • environmental Mr. Gary Eitel February 23, 2010 City of Brooklyn Center Page 2 C. ASSUMPTIONS 1. The City will provide Loucks Associates with necessary base mapping for the project in electronic format (GIS or AutoCAD) at no cost. 2. We will use information acquired from the City's GIS system as our base map for the planning effort. If the project moves forward towards implementation, a survey of the existing site conditions may be necessary. 3. The primary point of contact for the City of Brooklyn Center will be Gary Eitel — Business Development Director. Additional coordination with other City staff may be required depending on the final project scope. 4. The City and public records will be our primary sources of information about the current status of any affected parcels. The scope of this project does not allow for detailed research into the unique situations affecting each parcel.. D. SCOPE OF WORK The scope of work for this proposal is as follows: 1. PROJECT INITIATION: To understand the opportunities and constraints of this project, we will need to compile adequate base mapping and existing conditions data. We anticipate much of this information will be acquired from the GIS system data available from the City. If surveys, as -built drawings, or other data is known, and available, we assume the City will provide that to us prior to beginning our efforts. We will complete the following: a. Base map research & preparation b. We will attend a meeting with City Staff to review the project and identify key elements of the planning process. Key decisions and information to be discussed at this meeting includes: i. Project timeline ii. Available land parcels & project area iii. Project budget iv. Phasing considerations 2. SITE WALK WITH CITY STAFF We will schedule a meeting to walk the project area with City Staff to verity existing conditions and be able to discuss the potential trail routing and improvements while in the field. We will take photos to document the site conditions as well ad potential opportunities and constraints of the project area. 3. CONCEPT DESIGN: Once we have analyzed the project area and project goals, we will begin preparing conceptual design options illustrating potential trail routes and opportunities for enhancing the corridor. We anticipate this will be a joint effort with City Staff and we will attend one meeting with Gary Eitel where we will explore conceptual options and quickly brainstorm options to be further refined. We will illustrate the following: a. Trail alignment b. Parcels required and effect on remaining parcels c. Trail amenities (lighting, benches, signage, etc) d. Potential landscape improvements 4. RENDERED SITE PLAN We will prepare a rendered concept plan of the preferred option for the City's use in obtaining funding for the project. Mr. Gary Eitel February 23, 2010 City of Brooklyn Center Page 3 E. COMPENSATION WORK EFFORT_ 1. PROJECT INITIATION $1,500 2. SITE WALK WITH CITY STAFF 500 3. CONCEPT PLANS 2,000 4. RENDERED EXHIBIT OF PREFERRED DESIGN 500 FEE TOTAL $4,500 1. Compensation is based on the hourly rates listed on the attached Loucks Associates Rate Schedule. Additional work effort, requested by the City, will be billed per the rates listed. 2. Reimbursable expenses (blueprints, mileage, delivery service, etc.) shall be billed at the rates listed on the attached Loucks Associates Rate Schedule. 3. Invoices will be sent once a month based on the percentage of work completed and /or additional services performed through the date of billing. Payments on invoices are due within 30 days of the invoice date. Late payments will be charged interest at a rate of I% per month. F. CLOSURE Loucks Associates considers this document a contract for the work described below. As such, if there are any items that do not meet your needs, please let us know and we will make the necessary adjustments. Loucks Associates appreciates the opportunity to present this proposal to you. It is being presented in duplicate in order that, if it is acceptable to you, one copy may be retained for your records and one copy may be signed and returned to us as written authorization to proceed. Attached to this proposal are Loucks Associates General Conditions and Hourly Rate Fee Schedule, which are part of this agreement. By signing this contract, you are agreeing that they have been read, understood, and accepted. We would appreciate the opportunity to personally discuss this proposal /contract with you at your earliest convenience. Please call us if you have any questions. Sincerely, LOUCKS ASSOCIATES, INC. Paui Kangas A fired Andrews — AICP Principal Landscape Ar hi4ct Senior Planner Encl. Loucks Associa Inc. Hourly Rate Fee Schedule Loucks Associates, Inc. General Conditions ACCEPTANCE BY: By: - Date: - - -- - — - Gary Eitel - City of Brooklyn Center Loucks Associates is an Equal Opportunity Employoer