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HomeMy WebLinkAbout2004 07-15 PCP • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JULY 15, 2004 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - June 17, 2004 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. Frauenshuh Companies 2004 -009 Request for another Planned Unit Development amendment to construct a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center. 6. Other Business 7. Adjournment Application Filed on 6 -17 -04 City Council Action Should Be Taken By 8 -16 -04 (60 Days) Planning Commission Information Sheet Application No. 2004 -009 Applicant: Frauenshuh Companies Location: Brookdale Center - North Parking Lot Request: Planned Unit Development Aendment The applicant, Frauenshuh Companies, is seeking another Planned Unit Development Amendment in order to construct a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center. This new proposal involves a modification in the location of the building and the drive lanes previously approved in order that they not be required to construct a 3 ft. high decorative masonry wall. A Planned Unit Development Amendment was approved by the City Council on May 24, 2004 for a Dairy Queen Grill and Chill at this same location. That approval contemplated a 3 ft. to 3 ' / 2 ft. high decorative masonry wall to be installed in the area where a 5 ft. green strip was authorized rather than the required 15 ft. green strip. The purpose of the decorative wall was to • offset or mitigate the negative effects of the lessened green strip. The new proposal has factors and attributes which the applicant believes should relieve them of providing the decorative wall which has become an expensive obstacle. The proposed site for the Dairy Queen Grill and Chill is located between the Midas Muffler/Precision Tune property and the Northway Drive /County Road 10 entrance to Brookdale. The property in question is zoned PUD /C -2 (Planned Unit Development/Commerce) and is bounded on the north by County Road 10; on the west by the Midas Muffler/Precision Tune site; on the south by the Brookdale perimeter road with Mervyn's parking lot on the opposite site of the road; and on the east by the Northway Drive /County Road 10 entrance to Brookdale. The original Planned Unit Development Rezoning to PUD /C -2 and development plan approval for the expansion, redevelopment and rejuvenation of Brookdale Center was approved under City Council Resolution No. 99 -37 on March 8, 1999 (copy attached). A Planned Unit Development Amendment for development of the Dairy Queen Grill and Chill as Building No. 2 was approved under City Council Resolution No. 2004 -72 on May 24 2004 (copy attached). The current request is an amendment to the May 24, 2004 approval. As the Commission is aware, the PUD process involves a rezoning of land to the PUD designation followed by an alpha - numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case C -2) would apply to the development proposal unless the city were to determine that another standard 7 -15 -04 Page 1 or use would be appropriate given mitigating circumstances that are offset by the plans submitted by the developer. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The PUD process involves a rezoning of land and, therefore, is subject to meeting the City's Rezoning Evaluation Policy and Review Guidelines that are contained in Section 35 -208 of the City's Zoning Ordinance. Also, proposals must be consistent with Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments. Attached for the Commission's review are copies of Section 35 -208 and 35 -355 of the City's Zoning Ordinance for review. As mentioned previously, the City Council adopted a resolution approving the overall PUD for Brookdale Center. The City Council also approved an amendment to the PUD for the original Dairy Queen Grill and Chill proposal. Those resolutions contained the various findings and considerations necessary for approving the PUD and the amendment. For the most part, these findings and considerations were made given the applicant's proposed use and this amendment also is to acknowledge the revised building location and details through the PUD amendment process. Approval of this Planned Unit Development Amendment should acknowledge compatibility with the policy and review guidelines of the previously mentioned Section 35 -208 and also the provisions of Section 35 -355 of the Zoning Ordinance. Attached is a copy of the Brookdale PUD site plan and the site plan/landscape plan approved on • May 24, 2004 for the Dairy Queen Grill and Chill proposal. We believe that the proposed amendment submitted by Frauenshuh Companies can be considered in keeping with the findings and considerations associated with the previous approval provided the reconfigured proposal meets the Commission's recommended approval. The proposed amendment, we believe, can be considered consistent and compatible with surrounding land uses in this area. The development plan amendment being submitted should bear fully the ordinance development restrictions for the proposed development or be offset by factors related to the plan. It also appears that the use of the property in the context of the overall development will be a good long range use of the land and can be considered to be in the best interest of the community. The plan, as will be shown in the site and building plan proposal, utilizes the property in a manner that can be considered consistent with the Planned Unit Development approval granted under Resolution No. 99 -37 as amended by Resolution No. 2004 -72. That approval allowed a 5 ft. rather than 15 ft. green strip at certain locations where an appropriate 3 ft. to 3 %2 ft. high decorative masonry wall was to be installed to offset the negative effects of the proposal. This amendment seeks to eliminate the green strip encroachment and thus eliminate the need for the decorative masonry wall. AMENDED SITE ANT RT TIT DTNC-r PRnPo4AT The recent proposed amendment comprehends shifting the building to the south thus allowing a 15 ft. green strip between the property line along County Road 10 and the curb line. This curb line would follow the existing curb line for the Brookdale parking lot. It was in this area that the 3 ft. to 3 %s ft. high decorative masonry wall was required, offsetting the reduced green strip. Encroachments into the 15 ft. green strip would continue to be requested at the northeasterly • 7 -15 -04 Page 2 corner of the site, adjacent to the Northway Drive /County Road 10 entrance into Brookdale. This was the area where extensive discussion took place between the applicant and the Planning Commission regarding an appropriate barrier to be provided in this area. A condition of the approval of Application No. 2004 -007 was "the garden wall or similar treatment should be extended southeasterly along Brookdale's property line to control pedestrian traffic." To meet this condition and to offset or mitigate the reduced green strip in this area, the applicant is proposing to construct a concrete walkway connecting to an existing sidewalk, which in turn ties into the crosswalk at the Northway Drive /County Road 10 intersection. The plan shows three existing wood planters and a concrete planter in this right of way area along with some existing and additional landscaping. The applicant believes this is a sufficient enough visual and physical barrier to meet the previous approval and to offset the reduced green strip. It should be noted that the survey provided with this submittal shows the wood and concrete planters. A review of the site indicates that these are not as formidable a barrier as it would seem on the plan. The Planning Commission must determine what is a sufficient treatment to this area to meet the intent of a reduced green strip and the physical barrier to attempt to control pedestrian traffic in this area. With respect to the balance of the plan, it is basically unchanged from that previously reviewed. The north curb line will correspond to the curb line of the existing parking lot. The shift to the south will eliminate approximately six parallel parking spaces adjacent to the perimeter road and an additional curb break will be created in this area. Attached for the Commission's review is a copy of the site /landscape plan submitted under the previous approval for comparison with the newly submitted plans. One point to be noted, is that the building should be shifted approximately 5 ft. further south to meet the 35 ft. building setback requirement. Grading/Drainage/Utilities, Landscaping, the Building Floor Plan and Exterior Elevations as well as Lighting/Trash are all the same, adjusted to accommodate the shifted building and parking lot location. PROC EDI IRE As pointed out previously, this proposal is an amendment to the Planned Unit Development Amendment previously approved for the Dairy Queen Grill and Chill. As a Planned Unit Development, 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 Center Sun/Post. In many respects the plan is consistent with that approved under the most recent amendment with the big questions being the appropriateness of screening, landscaping and physical barrier along the northeasterly portion of the site. It can be argued that because they are no longer seeking a green strip encroachment that the 3 ft. high to 3 '/2 ft. high decorataive masonry wall need not be provided to offset or mitigate the lessened green strip. However, green strip encroachments still exist between the northeast and southeast corners of the site. For the Planning Commission to recommend favorably, it must determine that the plan offsets or mitigates this encroachment 7 -15 -04 Page 3 factor. Approval of this application should acknowledge the findings, considerations and conditions that are comparable to those made in previous City Council Resolutions. A draft Planning Commission Resolution is offered for the Commission's consideration. This resolution outlines the Commission's consideration of the matter and also recommended considerations and conditions for approval. 7 -15 -04 Page 4 . • r / /nI,�,� f BEE WIN Russ Rattail M m mm mm mm �► �� .mot. I��� /11��►�.. = :��� . a•i aaw Mm tea• �� mm mm mm wim WA Wn 11 �W71 rte wwj mm qty m 9K 11 Ci i� ■ MH =IN =i �i M ��� MN4 =IN =64 MWA Ul WE MRS IV A HIM IN lum �11 qty �= m Not] ON a!� ME m A m *3 Boa aim Era _ . �t!i �Wl��.. t.I 11�11�1�11� ' • mm 1 .. - a t , w t , + + .a - a r Y P � .� e adoption: Member KaY Lasman introduced the following resolution and moved its RESOLUTION NO. 99 -37 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 99001 SUBMITTED BY TALISMAN BROOKDALE, LLC. WHEREAS, Planning Commission Application No. 99001 submitted by Talisman Brookdale, LLC proposes a rezoning from C -2 (Commerce) to PUDIC-2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and south by T. H. 100 and on the west by Xerxes Avenue North; and WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center to include the following, 1. The reconfiguration of the west end of the mall including an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat theater; 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for two restaurant sites; 3. An approximate 13,000 sq. ft. addition for general retail use and revised mall entry way along the southerly side of the complex adjacent to Dayton's; 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes Avenue North, northerly of the 56th Avenue entrance to the Brookdale Center; 5. Conceptual approval, subject to further Planning Commission and City Council review and approval, of four additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center; and - WHEREAS, the Planning Commission held a duly called public hearing on February 25, 1999; 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. '� 99001 by adopting Planning Commission Resolution No: 99 -02 on February 25, 1999; and RESOLUTION NO. 99 -37 WHEREAS, the City Council considered Application No. 99001 at its March 8, 1999 meeting; and WHEREAS, the City Council considered the rezoning and site and building plan 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, 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 to approve Application No. 99001 submitted by Talisman Brookdale, LLC in light of the following considerations: 1. The rezoning and Planned Unit Development proposal are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance and will allow for the redevelopment and rejuvenation of the Brookdale Regional Mall which is a unique development within the City of Brooklyn Center and whose viability is considered to be vital to the stabilization of other commercial properties within the community. 2. The rezoning and Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is 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 rezoning and Planned Unit Development proposal will conform with city ordinance standards for the most part with the exception of the following allowed variations from the zoning ordinance which are considered reasonable standards to apply to this proposal: • Allow 5 ft. rather than 15 ft. greeenstrips at certain locations where an appropriate 3 to 3 lfz ft. high decorative masonry wall shall be installed to offset negative effects (this standard has been allowed in other areas within the city). RESOLUTION NO. 99 -37 • Allow a 35 ft., or non-major thoroughfare setback for certain out building locations based on variances that have been allowed, for other commercial buildings along major thoroughfares and seem appropriate in this location as well. • Allow a 4.5 parking spaces per 1,000 sq. ft. of gross leasable area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area required based on the shared parking analysis provided and on Urban Land Institute Methodology indicating a maximum of 5,133 parking spaces as being needed for the Brookdale Mall given the mix of uses and square footages proposed in order to meet the maximum weekday and weekend hourly demand, which is also in keeping with at least two major regional malls in the area. • Allow the 60 ft. wide parking dimension standard for 9Q degree parking rather than the 63 ft. required separation based on the fact that Brookdale has previously been allowed to have the 60 ft. parking standard and it appears that it would work in this situation. • Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 based on the uniqueness of the size, diversity of uses and significance of Brookdale Mall. • Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdale based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. 4. The rezoning and Planned Unit Development proposal are considered compatible with the City's Comprehensive Plan for this area of the city. 5. The rezoning and Planned Unit Development appear to be a good utilization of the property under consideration and the redevelopment and rejuvenation of Brookdale Regional Mall are an important long range use for the existing property and are considered to be an asset to the community. RESOLUTION NO. 99 -37 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURITIER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 99001 be subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading; drainage and utility 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 approved site improvements. 4. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment,shall be appropriately screened from view. 5. The buildings and building additions are to be equipped with an automatic fire 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 new landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances with the exception of allowing two freestanding signs up to 320 sq. ft. in area along T. H. 100. 8. Plan approval acknowledges a proof of parking for the Brookdale Shopping Center based on providing 5,700 parking spaces on site. RESOLUTION NO. 99 -37 The applicants are allowed to retain the existing parking configuration except where required modifications are to be made based on building expansions or additions. New parking lot construction or reconfiguration shall require concrete parking delineators as approved by the City Engineer. 9. The applicant shall submit as built surveys of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter in an easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance, of permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 12. Approval of the application is subject to the review and approval of the Shingle Creek Watershed Management Commission with respect to storm drainage systems. Effective compensating storage shall be approved prior to the construction and filling for the proposed building No. 5 on the site plan. 13. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall acknowledge the various modifications to city ordinances and the rationale for allowing such deviations by the City Council and the conditions of approval to assure compliance with the'approved development plans. 14. Plan approval is granted for the Applebee's Restaurant building as presented (Building No. 2 on the site plan). 15. Conceptual approval only is granted for three other out buildings shown on the site plan as Building No.' 3, Building No. 4 and Building No. 5. Planning Commission review and City Council approval in the form of a Planned Unit Development amendment shall be obtained prior to the issuance of building permits for these buildings. RESOLUTION NO. 99 -37 16.- The costs for traffic signals at the 55th Avenue and 56th Avenue intersections with Xerxes Avenue shall be the responsibility of the applicant. 17. The plans shall be modified to show: a. A 3 ft. to 3 lfi ft. high decorative masonry wall in locations other than along T. H. 100 where greenstrips are less than 15 ft. b. The elimination of the access from the perimeter road to the parking lot east of Building No. 3. C. The location of the Shingle Creek Regional Corridor Trail through the Brookdale parking lot. d. The removal of Building No. 1 which is not part of the conceptual approval granted at this time. 18. Applicant shall enter into a development agreement, in a form approved by the City Manager and the City Attorney, that assures that adequate provision will be made to accommodate public mass transit circulating through the parking lot of the center and to allow for passengers to be dropped off and picked up at the center. The applicant shall not be required to provide space or accommodations for mass transit vehicles parking, stacking, or laying over; for parking of privately owned vehicles of mass transit patrons; or for the transfer of passengers between mass transit vehicles. March 8, 1999 Date May 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, Ed Nelson, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Kay Tasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2004 -72 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004-007 SUBMITTED BY FRAUENSHUH COMPANIES WHEREAS, City Council Resolution No. 99 -37 adopted on March 8, 1999, approved a rezoning from C -2 (Commerce) to PUD /C -2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and south by T. H. 100 and on the west by Xerxes Avenue North; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center including conceptual .approval for additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center. Said development approval required additional plans to be submitted for Planning Commission and City Council review and approval in the form of a Planned Unit Development Amendment prior to obtaining building permits for these buildings; and WHEREAS, Planning Commission Application No. 2004 -007 consisting of a PUD Amendment to allow construction of a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center has been submitted by Frauenshuh Companies: and WHEREAS, the Planning Commission held a duly called public hearing on May 13 2004, when a staff report and public testimony regarding the Planned Unit Development Amendment were received; and WHEREAS, the Planning Commission recommended approval of Planning Commission Application No. 2004 -007 by adopting Planning Commission Resolution No. 2004 -01 on May 13, 2004; and WHEREAS, the City Council considered Planning Commission Application No. 2004 -007 at its May 24, 2004 meeting, and WHEREAS, the City Council has considered this Planned Unit Development Amendment request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35- 208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development Ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Planning Commission Application No. 2004 -007 submitted by Frauenshuh Companies be approved in light of the following considerations: 1. The Planned Unit Development Amendment 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. RESOLUTION NO. 2004 -72 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 15 ft. green strip along the County Road 10 right of way. 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 offset or mitigated by factors contained in the approved site plans and City Council Resolution No. 99 -37. 4. The Planned Unit Development Amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development Amendment appears to be a good utilization of the property under consideration and the redevelopment and rejuvenation of the Brookdale Regional Mall are an important long range use for existing "property and are considered to be an asset to the community. 6. In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. _ BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to recommend that Planning Commission Application No. 2004 -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 or permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based oncost estimates shall be submitted prior to the issuance of permits to assure completion of all required site improvements. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The 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. 0 RESOLUTION N0. 2004 -72 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Only wall identification signs consistent with ordinance requirements are allowed for this development. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to the release of the performance guarantee. 10. The applicant and owner shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall further assure compliance with the development plans submitted with this application. 11. The garden wall or similar treatment should be extended southeasterly along Brookdale's property line to control pedestrian traffic. 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St- s- =Iiiii Now- St" S.- I ILI L If .41111, Do-t- -W -v 0 D.II Lot P.4 7 a NO I t imta- .1 W 6. Y .2 w t- 6 ►..d is. MEWnAW LAW " ss. yhb —y '1" 6•- WW~ -W-1 a. b•Ift Of 0 • IRA, C-• I" hap —t Mown - M. mr — .1 r,-t C . ft. AWCAMIM A- �1" 12-20-2WQ -t �61. h- 1- P,.Wdw I. - II-o III A.. td fiWd —1 y - PI tow fM =d- Ift � "w k. 0 4 6 = '. a.- -4, -e Ifty - to.1.0 o. p-it" *- -&I 46 agX2MA&L' kP WI 141-k-I at Um Swth go~ a- I.*. AI D-,A- • A• .1 a-ii, C.I E.0I OWL DESCRIPROM T 4 REGISMIRED LAAV RRVEY MMWER 1704 M--Ah C-4 MI Ald III o f fto At AEGISIVRED LAND Rawy mma" Ina H-*& C�tj, mk—t. Ad PI .1 k-I A ftWM*D L 54 C- YiYrofa RECEIVED th., PW-" by Ady L.W $✓I" S"& , 70-61114 JUN 2 2004 L. I I Y U t UUKLYN UENTER _ K I "'d o.. f L AI K E --'-- �R 0 A D (COUNTY tR 0AD NO. 1 0) o,a t ��` w __ s '«'`4•QV "°'� �" 20 IO O 20 40 IBM I r•• � �r` '�--� . y � • ' �' " a� rrrwvw�� w .Y n AeBNtYm naN! a R YI YIr j \ � i t � r d �.• i } 1 �+-_��..n .;:. �y� \ � rLTAfIOM /O1L� L�[wL r ° "" °•.. 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'^ I iDn s „ u «Mx nAw M roMrnrcran la ro vwr M rre Aw lYlrr M +I � _ \ owaaaa rD orrwr w urAla Yors Tllpr or M IlarNOm accts o wort • • NIIII� i� I I f /�•t 0. \ 4. PIIIOn TG AMY OrTrMWrl rllrl M ILfaQw GOWN 11YWr4 /JMY A reaar - <U YI> I � ` rr ! • ■I il� � f �•� \ �} r1AL1 ! OrrA�� IM. M Ar�rTW OTGG ArOY ? M 1'OraT rMLL ! ro �!a,e � ..� .`�\ �� ®• i w°Ln` m v+�r as IenK ownr r+rrwr ►A.ear w w» rcr« rr wru ue i �r ' 5€ \ - Ci O ';(� ., -:� e y rtrrar lwo�.v. Maxx �� a r� _� F m �rvvr i + _ a ®loos L, W" rcw�c.Awulr ae ,- -� - \• n p awnr uwr tiamr r m arw.a oo wr ors i ng -� m i �" u s `.. y 5 u I o e p le.o s w.rw uwr iw.c caa.aam T.ena urn r" r ro! w vmw �11'� t - / •fp i n /o u s 1• a c e Alos aeanr carJe+e aws wr le,+err .nest. / ` .� ♦ ` : � O � / 4� i I p IOND+e ewer wom R.vlla w In:nllerr. f ' '�.� `�� � • � _ \� .» r . !fir L $ ° ewrw rnoo n.Arra r ro lvvaa oo wr orm.a J / \.:.. / '. I p ewTM f�1.M4A. VMLT N MDT TO! OrM ®. MOIGT AT M11Mtl rwGw ro rrwn yy. Q (prIwIGT1ON M GOIITPAOTCrI r ro VarY nv, M ewrwa Nrwauaa V/Y.T r �" S S yn• � � aTIaILTMl1Y Wa0 AID M GaaTala I:.NTW GAM arPOnT NMOOrOI VriariL' LOAOe ��+ r `� Al�� � C . . Q DpaTYr rvm Ha.+a.o�e r TO 10W1 /ItlreGT At ALL TweM M ewtar wnm V/LK r / f ' -i�'o 17 �� / ro Ns wnxm. wvvr, ro urux n..w alCr ra. • • � ®len`e ewrr u-ww ur ra.m HwIN Iva ro vrurr rem v row madam uyr / w.m wuM acne M Iwoeeo u�wr�l rvc eTrwae r ro ee wrAUeD AMD nwcrlarr / / _ 6 / noon To Ant Ivm .re I�VK. nlr u.n+ N:r w.naaAw ra.vlcen Iwoo�.+.e wai Alo Iwr ! w aravrce wr ALL twee. raiaN wu urc a anooMa.rM Gera arnwrroa Alo aracrlcwrlar ran Iv,te►IAw w:lD✓Aa_ ro aurcorw a M ..Am MAaI pBMOLITIgJ PLAN ' NOTE nna,al. M rte M coMrn cra r ro nlorce rMe urY wrM e,wver rsa ro r,Am vra.vd IIOIrM or M wu. eul�owa nor rwi ! aoeco ro wuaN IasxnnDM or M BITUMINOUS PID40VW MAY Be M .® AND STOCIGPL ZO- THE u -wu nwm w+w M uwnlwcron r ro cmalalAre VALK Gtorw ro rOLAa nlr CONTRACTOR SKALL HAVE THE OPTION OF UTILIZJNG uHC nm ux. YMATEVER S WIPh BNT CAN EFFECTIVELY PULVERLZC AND ©woK� r Hasa wle m l laor..+eD «rte, r rvalsn coolowAm BLEND THE MATERIALS IN PLACE. HOYCVM THE Y CONTRACTOR SHALL EMPLOY A WTHOD THAT DOES NOT ®w vKK r Ilm ro ! orrum. }LX� DAMAfiE THE ROAD BED. THE EXISTING PAVENEHT SMALL BE ®rum vALK rw wu IMK To ! TDe.OnAna.Y Iaaahe0 ro myN ID nn siOlaN 6 PULvmzr:p AND BLEND® 50 THAT THE ENTIRE MASS Q MATMAL IS UNIFORI•ILY 6RADED. THE PULVERIZED 6 MATERIAL. SHALL CONFORM TO THE FOLLOYYN6 6RADAnO . 9 awria.r arses rvrrar AMO arwlcnsa: wlle IIOr m! wrlw ®. rwoncr Ar su rass aaM ar ®R410 L .1 r L� r I - I � F es " TO wTALL � MO.aR A rnovl! arrrr ,yr m eMCa.a n.N almr (S NORTM Y -sMa JUN 2 2004 of e 3 BASS L A K E R 0 A D (C0 UNT Y R 0AD N0. 1 0) 140.59 - o �. •_ 42.92__ .585'08 "!1 E l00.49> N89'0908NE — — — fi �= - - - - D S' PKG SETBACK \ \\ 0 T of _ _ __ _ __ _ _ _ __ ___ __ _______ :...' .,.�..... _: _ : - O• OI L a rl ro __ \ \9N4 EX ROSS WILK ED W � i � vI<�Bi? r D 8• GRILL 8 CHILL '; N N PARKING I DRIVING EASMENT \ Fq ' \\ _� .a t- • 1 • —J F ' >04 -- - -- 9 �1 - --- - - -- - -- -- - - --- ------------ --- -- -- -- -� - -- s " i --------- - ----' -- PAINTED I EXISTING PAINTED ,! WgLK GRD55 WALK - GRDS = DQ: 2 — 8 5 El FUTURE 18,114 5FJ — — — S — — 256.7 T TAE: a ° Q a a o� / MALL gs ( VERFLO G) i �4a r ! r ND RECEIVED SITE PLAN NOTES SITE PLAN LE6END SITE PLAN O Q 0 r.r�XlH Irn swrlw cac� ro ee +wvwr w.re oa v.rerr re�Iwr >�ro�.e ua«* AI.I scuel•.�a• -o• • rwa, wca�a+, ccla�ucwc.•aewrr.srtsricsoeua•r JUN 17 2004 1-1 Qi occoume .e,w. re.ce. see n,N' .a �N»�r 0 corr.arz uaewu sec en. T— cwn O KCE>N6Lf ewpr.IW S�5M+0[. 961/N3 � �x to - o „,�> CITY OF BROOKLYN CENTER ,o�... >er tiwE. o> 'r+. �r r► t�f ;k ao io o 20 40 .. 4 I lk 1 ♦'� u ' "' —r \ `� � o� n =rear s� b Gi1LL — - �••, �. � rwc�nean ue s e.w m ' n.a�vm coirow —rte a a.,rA P.FL. p9430 � l � � \ rror asvwna .® e... �� t i •• +N M.rt S 1 Mfr V ' mill YTATal 1'01G! TM ..Wat.. lovW.l'p. i q I � f l ' `� •we�.s. ca.nacnaa ti.» / � � � MIAMIfs 1.i11O1 � I li ' I Y1�r 'Fwe ♦ a..r. ar i .: / �'S' (Fir . c..\ ML M. ♦:: Il ° i wY m i u s S u f o a . / u s MH ONTROL. PLAN M.i mf .�ir,....y m..�� �M.ai.loru�raC M��.,rn n�an � ���" .dY_�_�_ ��if�rt �ar�ta.wcna'�'e¢vaa.M. � Y.n.Yn.WI/RMOMw,. al�lMrtafi i.. _ � s ` a `owra" w+.ifwiriw.. fo. wv.n .uw.�.ww.",.a ~ r.,�`�`w. ©•"roa rw..rr� maw '�- -�a °�•-'� RECEIVED ��. �.�. °'i, �,�..�..:� � _— _.,.,��.�. �. »':.r~•: "'°�...,� a,.., am. ar,�,a,.ra....�m,.a..� JUN 21 2004 s.�w. fc�. Qfw., ar.fn....00.s..w.ar.r.fw.aa.a.w rw.aa Tore. APPROXIMA?E THE EX1 IM To R etA%5L CONDi om Lro �n ON 9TEM 9W\L f •a 4 .,�. .....e... .,.��... TM�� �•••"••_•'•�— •�••••� Resrorsea ro o�.E coTOinoT uroN cooT DISTURBED AREA 1 of THE rROP09eD 1WROVEMe+r9. 1.3 ACRES "e 3 YI.12o14 PRQFQ�CQ PLAN BA SS LAKE R 0A D N er rwr w r rn —„ —x (C 0 U N T Y e R 0 A D N 0. 10) ': -ay,e . •¢ rr.vwr (..e.wannw.ws � • � sae ° a`+� ' sotli. s..l.,�— p5iy r, •,• �'sy mTm VALVE N 20 10 0 20 40 • ^QP �wroets R 1 I rra Frt..8 \ I A. i � � � b b b _ � •.: � ra.Q n.� of ..... 1 •e• A. 17 -- \�._.._.1MW7. MR� ..— =� � / � r... e•cr rr wrr vn mnn.w� +�. a r�a.rw. �u+w�`is u.as ,o�wr�+r Tor - -ir�� c.,e.r. rw p r�ne�i�wcm.� , r: °r ro « arna r.e n.vnc \ �' � •• p .r�rr,rwr ns w.rw na.a. nr rrrwn wr. w,rr++..r e1t y � I m i n o u e s u l o t ®ten �= rr.w r,rr rww�rr ur w�ww.r ur .rrr.r 3 ',] 1 i n a c e / � -•� " - ry r ® � rw nD��r MlLw wl o �ArswR UTILITY PLAN SEV�x TABLE NOTE, NOTE, THE EXI5TiN6 IRRI6ATION /SPRINKLER SYSTEM Y/ATER MAIN RPLOrWnON SNAIL MEET GTY :i.ara.r B oo aerw. u"�i. a" °� .wrmw�w..o a..o ++r.�. �' SMALL BE RE5TORED To OPERABLE CONOIT SPECIFICATIONS FOR MMIGIPAL Y/ATER MAIN xarr • �� ®� r .vr.ror�r r .�rr r x ,* ,te � �', ,.., . UPON COMPLETION OF THE PROP05W GoNSTRUGT10 11 A" WATER MwIN RELOCATION WORK '` IMPROVEMENTS. SHALL Be COORDINATED WITH MARK MARTF`IM -. THC v.sr.o.. nc C GITY5 5UPERVI5 R OF PUBLIC UTILITIES 0651 585 -1109. .ur a.» ®rn s...,.,n w�rw..ave "'""" r...- ao.+o.. S ®° : runi.rs ne ar�s"°.ma�n,« %.•s HpgTM NOTE, n .' ® .w ro. F — PRIOR To 5H1T -oO✓fl OF THE WATER R MAIN THROUGH ". r'° THE SITE, THE APPLICANT SHALL PROVIDE THE CITY a �rwer�"ean"�`ire.ria. w" rn r , � ®� WITH SURVEY TIES TO WATER VALVES NORTH of 2004 "�' p _ THE MALL BUILDING THAT ALL BE CLOSED To w � i G✓ } A01'/ RELOCATION OF LL THE 11 -INCH WATER MAIN. E ® 71 ° L � _ � w.wt mwwM .ir wws c.rw wane a„er � n s 101 TlYiusr BLOCK tur ro aaae ° w.. i M }d kr.inH CY•M.:wy.iex I —Mai jy� «tti wt. Y N.StC: rrL w' Sf✓ rar.StRl !:lFr'd. f IY., Mt.. o• aln, - STORM /SANITARY SEWER MANHOLE �..y ;ax�.a�r�.. •� : 'v , r ,,, w �ss.rY�► INLET sEOltim+rAnoH PROTEGnoH ecvk of FEWER, w�� S — �Yt!,ssc-- --- - .....i k.>�z.o•«nrr,... Y i. w3A Yry TYrIGAL t.C6ALU6 LOGAnOH Ewa o� «nw «a ! tlgi e�rawn.a ., . t our rxriu. a. twr:. .! !�'- !.•.rsc uue ji ra°rww�w�W � � _ ..• J �aw.nn.r.,vwv �, w..w >,a.eew:r °••» �� or �+»o +S j • nCxl MY! .,q....u•�«i tttw�e,i � w.,wtc e — itKr P r..w L! -.. w �,+y �..,..� / �r++ r BERw1ED ROGK GONSTRUGTIOH ENTRANCE ''u �toa iiaiJi a'."'ri' �;p'1'^'�l f � � �� ro .�-•. !•!� 'b,:. .".J".x...�' � : � z� ��liT•�` •� j � � � ��a�..» R � � , � A � .a.°.K,wtt, �t�I ' i TYRGAL HYDRANT MYTH OATC VALVE AND BOX t ''��•v'�„ wt.,:ro k ..w•' ' -il-� " �„ _ _ ti.tr r i t a : ! Yy - - -.• !'' .,.,.nx�r 24'X96' CATCH BASIN r F v � n. _ K•° "� °` RECEIVED C • ttma.w e,wr Wane Laww - J r t.ntt. WATT VALVE MANHOLE r n,..ersor r,w JUN 21 2004 CA- EANOUT CITY OF BROOKLY PIS BED° c,4 0 R � Htl ���_ r.r..w twrrw.rva.ro wncra lwrrc ♦ mw�w�arr h� ► Ymmr..nr� 1 � "�O iwrc :.1:y1: t:. .. 6p .arse tvrw. I � rr uam _ i II - tarvw� • r rw�l V G5 LI61' M7 7 -DUfY BIT1NOV3 PAVEMENT crew ,r � s r � rf � I {j HANDICAPPED 516N ► POBT - PLACEMENT IN CONCRETE VIBY Cr DIA60NhL r Eta AJ AIN wrrowas °� r. �w t P J Y P LAN �� or rrJZrENDICU.AM1 a.. a. 8612 CURB AND GUTTER r r � ,ICr ro rxa Rlrr. Iwa u� W Yt r 6CC1,0N A - A y •R 0 maao � {��''� I rt aq Ilpr R.Mf p , M. 1 slap oG. Wwrra ? .NI INS � ]W sYYr.•) I��tprrwu.aW MI1 a• w awsas, CONCRETE 9IDEYIALK C4N9TRUCTION(TYPJ Nor m was wmt� ssYwtt lw. DOHS SEGnON o01'C 9PhGIN6 Norm p.0 w,anwm ao.r nas a suw w w w�sepr'r Il..11 M.p+R w MrllO iM.6 .' d rK /6tla111N1 IWI. 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ALL ANT MATERIAL AN AS MATURE 512E D � - 14 1 I I 1 = I - = � 1 = -� - ______ i___ `.`��: I • wg�"aro �rI x[u.,x ^ � A � 7 � yl l ' 'I � i i � � i i � :3u':; : �-- � i�51N6P D W •' t !p O �', GRILL b� GHILL I~ I � 1 1 I I 1 1 I 1 I I I I � r Ovc III I Ja 1 1 I 1 1 I 1 1 1 1 I I 1 I 1 I I I I 1 I 1 I I I I I 1 1 I C I I I 1 1 1 I 1 I 1 I I cq PARKING 1 DRIV1Nb EA5NT 1 I I I I 1 t 1 1 I I I I I1a@ �+ S 1 b. 6&6 rl ' rssn c ro AnA•. :• .::...........: ::::: ...... ::•:.::• }:•} ro Ri`i g- r - - - - --- - -i- _- __________ PAI____ 1 NED EXIST WALINb PAINTED GR055 K � I I cR055 WALK � �I Ir 1 DQ: 2 a g�,l pl 1 NOTE: '1�N FUTURE: IS,l1 5 F 1 —_ ><rG�r• >.D,row..GNTlE� ��� — - - 256.7 - - SB9'09;, ll T TAL: a b .•. 0 1 n SITE PLAN ?oti €a� 4 u xALe r . w•c• i � p RECEIVED Z 11 I a GENERAL NOTES wna�v.TmG Drt RKK Durnro 1 I d LAM%MI LDOOKTCRiD.➢V, ALL YRJIr I.DCAiIDG ON •eGATI NMM MNIMII°6 1 1 � J N..DIT.R�Er�TD�1'7 2004 a srArw RAer IOCAGDb. � �vs � ' 1 ,u el rwI N.YR.ITO K..E.KAN AdDGA,tlMa MMY.,.EI, ,,,,!�,,,,D N d s. coerucra is •rsPOrolElt ru ar•D+I•N��a �rrx wvrun 1 � urra ,�arnw AUavrAarc WIJ, o. vAN.x mri°•G W ccxnl..croli 0 ona A:crrWee vw,.'ee wEwGmurr a M sao� ' BROOKLYN CE� - - -- N °� 1 !. MiOJDf EARL e11.Df r•PL! -- �' _ 14 � , ' • O Q {G >. >r.Da lwwscrew.,euil llwr, ErsuwM°Aa a. wTUre ..M �• .r .nw >,.rs•.....,eu = �z 'H' m d G[MlMCioa 1Wy •uA•Alna ND, RM1f NArDDAL reNOION oe oALDDAI•,EA11 �rma ur..rl ` � J f110M r DA�p LHCI KCrl1AMGf MM ML nEM1K[KM! t° EE MMIOID M M {— j�'�p'+� !e�/u0f IO'•,' r1 TREE INSTALLATION n SHRUB INSTALLATION dENLAR(SW PATIO PLAN L I m LI DELIDVW! IEEE GALLED AND dl4APPED LI DEUWQIS OR cONIFEIeD.h SHP�B SGAL_. iii a p (r • Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2004 -02 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2004 -009 SUBMITTED BY FRAUENSHUH COMPANIES. WHEREAS, City Council Resolution No. 99 -37 adopted on March 8, 1999, approved a rezoning from C -2 (Commerce) to PUD /C -2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the east and south by T. H. 100 and on the west by Xerxes Avenue North; and WHEREAS, City Council Resolution No. 2004 -72 adopted on May 24, 2004, approved a Planned Unit Development Amendment to allow construction of a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking lot of Brookdale Center; and WHEREAS, Planning Commission Application No. 2004 -009 consisting of another Planned Unit Development Amendment to allow a shifting in the location of the Dairy • Queen Grill and Chill to be located in the north parking lot of Brookdale Center submitted by Fraunenshuh Companies: and WHEREAS, the Planning Commission held a duly called public hearing on July 15 2004, 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. 2004 -009 submitted by Frauenshuh Companies be approved in light of the following considerations: 1. The Planned Unit Development Amendment 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. 1 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 15 ft. green strip adjacent to County Road 10 /Northway Drive entrance to Brookdale. This modification from the C -2 standards is justified on the basis of the development plan being an appropriate redevelopment of this area and that it is offset or mitigated by factors contained in the approved site plan amendment and City Council Resolution No. 99 -37. 4. The Planned Unit Development Amendment is considered compatible with the recommendations of the City' s Comprehensive Plan for this area of the city. 5. The Planned Unit Development Amendment appears to be a good utilization of the property under consideration and the redevelopment and rejuvenation of the Brookdale Regional Mall are an important long range use for existing property and are considered to be an asset to the community. 6. In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings contained in Section 35 -208 of the City' s Zoning • Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to recommend that Application No. 2004 -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 or permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all required site improvements. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 2 • 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. Only wall identification signs consistent with ordinance requirements are allowed for this development. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to the release of the performance guarantee. 10. The applicant and owner shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of permits. Said agreement shall acknowledge the Planned Unit Development Amendment and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall • further assure compliance with the development plans submitted with this application. 11. The landscape /screening treatment provided in the area where a 5 ft. rather than 15 ft. green strip is proposed is appropriate to offset or mitigate the effects of the reduced green strip. Date Chair ATTEST Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 3