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HomeMy WebLinkAbout2011 05-26 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MAY 26, 2011 REGULAR SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes — May 12, 2011 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. Review of the 2008 Approved Planned Unit Development Plans — Planning Application 2008 -05, Honda and Toyota Dealerships. Amendment to the Luther Auto 2008 PUD /C -2 Plan for the new Luther Brookdale Honda and Luther Toyota City dealerships. 6. Linda McGinty (The Luther Company) App. No. 2011 -013 Preliminary Plat/Subdivision approval to combine five existing parcels into one parcel for future redevelopment of the site (4011, 4101, 4215 69" Ave, 6700 & 6800 Brooklyn Boulevard). 7. BAPS Minneapolis Withdrawn App. No. 2011 -014 Special Use Permit to allowoffsite parking (2500 Freeway Boulevard). 'I 8. Discussion Items: a. Architectural Design Guidelines for the Central Commerce Zoning District. b. Third Generation Watershed Plan Review and Input — Commission Volunteers. 9. Other Business 10. Adjournment i Application Filed: May 6, 2011 City Council Action Must Take Action by: July 5, 2011 Planning Commission Information Sheet Applicant: The Luther Company LLLP Location: 6700 and 6800 Brooklyn Boulevard Request: Review of the 2008 Approved Planned Unit Development Plans — Planning Application 2008 -05, Honda and Toyota Dealerships. Amendment to the Luther Auto 2008 PUD /C -2 Plan for the new Luther Brookdale Honda and Luther Toyota City dealerships INTRODUCTION The Luther Company is requesting confirmation that the following changes to the Development Plans of the 2008 C -2 PUD, as approved by City Council Resolution No. 2008 -81, are in substantial compliance plan with the approved plans as defined by the City's Zoning Ordinance, Section 35 -355. Subdivision 5 -d: 1) The commercial buildings have been reduced from 109,798 sq.ft.to 106,058 sq.ft. a reduction of 3.4 %. 2) The Honda dealership building has been reduced in size from 53,277 sf. to 52,228 sq /ft, a reduction of 2 %. 3) The Toyota dealership building has been reduced from 56,521 sf. to 53,830 sq.ft. a reduction of 4.8 %. 4) The two dealership building have changed their footprint (overall shapes) and readjusted on their common lot. 5) Minor parking lot improvement modifications; and 6) .A parking setback adjoining the excess right of way adjoining the former Pilgrim Cleaners Lot has been reduced from 10 feet to BACKGROUND On July 17, 2008, the Planning Commission conducted a public hearing on the Luther Auto PUD for a Honda and Toyota Dealerships and adopted Planning Commission Resolution No. 2008- 002, which recommended the rezoning of the five (5) parcels owned by Luther Auto from C -2 Commerce and R -3 Multiple Family to PUD /C -2 Planned Unit Development/Commerce. This PUD also considered the overall development plan of the site, which included the site development plans for the Honda and Toyota Dealerships. On July 28, 2008, the City Council accepted the Planning Commission application and adopted Resolution No. 2008 -81, whereby approving the original 2008 PUD and development plan. Market conditions and issues related to the Recession caused the applicant to delay the overall Page 1 5 -26 -11 schedules for the development, redevelopment, and renovations associated with the positioning of several auto dealerships within the Brooklyn Boulevard Corridor: West side of Brooklyn Boulevard — a Chevrolet Dealership, a Buick - Pontiac -GMC dealership, existing Honda dealership, and the existing Mitsubishi /Mazda dealership. East side of Brooklyn Boulevard — a new Honda dealership and a new Toyota dealership In 2009, the applicant commenced renovation of the Chevrolet and Buick - Pontiac -GMC dealerships and completed construction during the fall of 2010. The applicant is now seeking the necessary approvals that would allow the following: - the demolition of the existing building at 6800 Brooklyn Boulevard (Lot 1, Block 1, Chrysler Realty Addition), - the issuance of building permits for the new construction for the Honda and Toyota Dealerships, and - Approval of the preliminary /final plat to adjust lot lines for positioning of the two dealership buildings. PUD APPROVAL — Resolution No. 2008 -81 Attached is a copy of the Resolution No. 2008- 81, the resolution which confirms that the proposed Honda and Toyota Dealerships provide for the reasonable use of the property and conform to the ordinance standards with the exception of the following modifications which were approved as part of the City's approval of the PUD: 1. Allowing an automobile repair use that abuts residential zoned property; 2. Allowing two parcels that are under common ownership and proposed for common use and not requiring them to be replatted into a single lot at this time; 3. Allow a slight encroachment at the southwest corner of the Toyota site to allow a main display pad with a pergola and fence with a "Welcome to Brooklyn Center" ground message. 4. These modifications from the Zoning Ordinance 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 development plan. The resolution also includes the following conditions of approval: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all required site improvements for both the Brookdale Dodge properties and the old Ryan Olds property. 4. B -612 curb and gutter shall be provided around all parking and driving areas except for Page 2 5 -26 -11 where the City Engineer may authorize a lesser standard such as B -412 curb and gutter in non - drainage areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building and building additions shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. No building permit will be issued for construction of the proposed buildings until the plat comprehended under Planning Commission Application No. 2008 -004 has been given final approval by the City Council and filed with Hennepin County. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Modifications to allow a slight encroachment into the 15 ft. green strip at the southwest corner of the Toyota site to allow a main display and "Welcome to Brooklyn Center" ground message is considered acceptable provided the display is properly maintained and may be modified or changed only with the approval of the City of Brooklyn Center. 16. The owner shall enter into cross access and parking agreements, as approved by the City Attorney, between the site addressed as 4215 69`" Avenue North and 6800 Brooklyn Boulevard. Said easements shall be executed and filed with the titles to the properties prior to the issuance of building permits. 17. The plans shall be modified to acknowledge extension of underground irrigation to cover boulevard areas including the area at the northwest corner of the site that was once Pilgrim Cleaners. 18. The owner shall replat the proposed Honda property in accordance with Section 35 -540 once the environmental issues associated with it have been clarified. 19. There shall be no outdoor paging, announcing, or other amplified voice or music on the site. Page 3 5 -26 -11 ANALYSIS OF REVISIONS (from the 2008 PUD) The revised site /building plans reflect minor changes, which do not exceed the thresholds identified by the PUD provisions of the Zoning Ordinance as substantial compliance: - Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved, - The floor area 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. As noted previously, the Honda dealership building has been reduced in size from 53,277 sq.ft. to 52,228 sq.ft. which reflects a decrease of 1,049 sf., or 2% reduction. The Toyota dealership building has been reduced from 56,521 sq.ft. to 53,830 sq.ft., which reflects a 2,691 sq.ftf. decrease or 4.8% reduction. The two buildings footprints have been shifted slightly to meet the design criteria of the dealership and do not affect the approved setbacks approved under the original 2008 PUD, which are 35 -foot front yard; 10 foot side yard; 25 -foot corner side yard; and 40 -foot rear yard setback. The parking lot layout and improvements have also been revised slightly, with minor island changes and redesigns in conjunction with the building shifts. The one significant change here is the new divider island between the two dealerships, which provided better separation between these two users and will add additional means of landscaping their parking areas. It is the opinion of Staff that the changes are not substantial and that the revisions are consistent with the PUD approvals provided by the City Council in Resolution No. 2008081 RECOMMENDATION It is the opinion of Staff that the changes are not substantial and that the revisions are consistent with the PUD approvals provided by the City Council in Resolution No. 2008- 081. Page 4 5 -26 -11 Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2008 -81 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008-005 SUBMITTED BY THE LUTHER i COMPANY LLLP WHEREAS, Planning Commission Application No. 2008 -005 submitted by the Luther Company LLLP proposes rezoning from C -2 (Commerce) and R -3 (Multiple Family Residence) to PUD /C -2 (Planned Unit Development/Commerce) of five contiguous lots located on the easterly side of Brooklyn Boulevard between I -94 and 69 Avenue North and addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 69 Avenue North, and 4101 69 Avenue, 4011 69 Avenue North; and i WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval of two new automobile dealerships (Honda and Toyota) on two adjacent lots; and WHEREAS, the Planning Commission held a duly called public hearing on July 17, 2008 when a staff report and public testimony regarding the rezoning and development plan were received; and I WHEREAS, the Planning Commission recommended approval of Application No. 2008 -005 by adopting Planning Commission Resolution No. 2008 -03 on July 17, 2008; and WHEREAS, the City Council considered Application No. 2008 -005 at its July 28, 2008 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 recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2008 -005 submitted by the Luther Company LLLP be approved based upon 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. i RESOLUTION NO. 2008 -81 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with ordinance standards except for allowing automobile repair to abut residential property; not requiring two parcels that are under common ownership and proposed for common use to be required to be replatted into a single lot; and allow a slight encroachment at the southwest corner of the Toyota site to allow a main display pad with a pergola and fence with a "Welcome to Brooklyn Center" ground message. These modifications from the Zoning Ordinance 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 development 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. Based upon the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2008 -005 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all required site improvements for both the Brookdale Dodge properties and the old Ryan Olds property. RESOLUTION NO. 2008 -81 4. B -612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may authorize a lesser standard such as B -412 curb and gutter in non - drainage areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building and building additions shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. '12. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 13. No building permit will be issued for construction of the proposed buildings until the plat comprehended under Planning Commission Application No. 2008 -004 has been given final approval by the City Council and filed with Hennepin County. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. RESOLUTION NO 2008 - 81 15. Modifications to allow a slight encroachment into the 15 ft. green strip at the southwest corner of the Toyota site to allow a main display and "Welcome to Brooklyn Center" ground message is considered acceptable provided the display is properly maintained and may be modified or changed only with the approval of the City of Brooklyn Center. 16. The owner shall enter into cross access and parking agreements, as approved by the City Attorney, between the site addressed as 4215 69 Avenue North and 6800 Brooklyn Boulevard. Said easements shall be executed and filed with the titles to the properties prior to the issuance of building permits. 17. The plans shall be modified to acknowledge extension of underground irrigation to cover boulevard areas including the area at the northwest corner of the site that was once Pilgrim Cleaners. 18. The owner shall replat the proposed Honda property in accordance with Section 35- 540 once the environmental issues associated with it have been clarified. 19. There shall be no outdoor paging, announcing, or other amplified voice or music on the site. ,� �7/..• ^� _ July 28, 2008 -�L� -- Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. 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 JULY 17, 2008 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:05 p.m. ROLL CALL Chair Sean Rahn, Commissioners Kara Kuykendall, Stan Leino, Michael Parks, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioners Rachel Lund and Della Young were absent and excused. APPROVAL OF MINUTES — MAY 15, 2008 There was a motion by Commissioner Roche, seconded by Commissioner Parks, to approve the minutes of the May 15, 2008 meeting as submitted. The motion passed. Commissioners Leino abstained since he was not present at the meeting. 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. 2008-003 — THE LUTHER COMPANY LLLP Chair Rahn introduced Application No. 2008 -003, a request for rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development /Commerce) and development plan approval through the PUD process of three contiguous lots located on the west side of Brooklyn Boulevard between I -94 and 68 Avenue for the redevelopment and expansion of the existing Chevrolet site and a new Buick, Pontiac, GMC Dealership. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 7 -17 -08 and the Director of Public Work's memo dated 7 -9 -08 for Application 2008 -003, attached). Mr. Warren explained that this proposal represents the first step in a major redevelopment by the Luther Company for both sides of Brooklyn Boulevard between I -94 and 69 Avenue. 7 -17 -08 Page 1 APPLICATION NO. 2008 -004 — THE LUTHER COMPANY LLLP Chair Rahn introduced Application No. 2008 -004, a request from The Luther Company LLLP for P reliminar Y p pp plat approval to combine and divide four existing lots into two lots on the east side of Brooklyn Boulevard between 1 -94 and 69 Avenue for the creation of two new automobile dealerships. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 7 -17 -08 and the Director of Public Works' memo dated 7 -9 -08 for Application No. 2008 -004, attached.) Mr. Warren explained that a similar preliminary plat application and Planned Unit Development proposal were submitted and approved in 2005 and 2006 by the City Council. The Luther Company, however, has recently acquired the property at 4011 69 Avenue North and wishes to incorporate this into their east side development. APPLICATION NO. 2008 -005 — THE LUTHER COMPANY LLLP Chair Rahn introduced Application No. 2008 -005, a request from the Luther Company LLLP for rezoning from C -2 (Commerce) and R -3 (Multiple Family Residence) to PUD /C -2 (Planned Unit Development/Commerce) and development plan approval through the PUD process for two new automobile dealerships (Honda and Toyota) on the east side of Brooklyn Boulevard between I- 94 and 69 Avenue. Mr. Warren presented the staff report describing the location of the property and the proposal. (See planning Commission Information Sheet dated 7 -17 -08 and the Director of Public Work's memo dated 7 -9 -08 for Application 2008 -005, attached). Mr. Warren explained that a similar Planned Unit Development Rezoning and development plan were submitted and approved in 2005 and 2006 by the City Council. The Luther Company, however, has recently acquired the property at 4011 69 Avenue North and also wishes to incorporate this into their east side redevelopment. This property contains a non - conforming single family home which is slated to be demolished. Chair Rahn asked for further clarification regarding the parcel not being combined with the others and what the situation is regarding clean up of the site. Mr. Warren responded that the building on the site will be removed and a finding from the PCA will be provided to confirm that the property has been cleaned up. PUBLIC HEARING — APPLICATION NOS. 2008 - 003.2008 -004 AND 2008 -00.5 There was a motion by Commissioner Roche, seconded by Commissioner Parks, to open the public hearing on Application Nos. 2008 -003, 2008 -004 and 2008 -005, at 9:05 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. John Baker, (Architect for Baker Associates) 150 So 5 th Street, Minneapolis, and Linda McGinty (Director of Real Estate Development for the Luther Company), 3701 Alabama Ave 7 -17 -08 Page 2 So, St. Louis Park, introduced themselves to the Commission. Mr. Baker stated he would present an architectural overview of the proposal. Mr. Baker noted that it had been suggested by City staff to install B -612 curb and gutter on the entire site and he explained the reason for proposed use of B -412 curbs in the parking areas of the lots to is to eliminate damage to new vehicles caused by the higher curbs. Mr. Baker also stated they have a problem with the condition of approval regarding the requirement to provide underground irrigation on the corner lot at 69 and Brooklyn Boulevard. He explained that it is a MPCA superfund site owned by Hennepin County and at this time does not appear to be maintained by anyone. Mr. Warren concurred that the parcel is not currently being maintained by anyone but this would be an opportune time to improve the look of the corner by extending irrigation. He stated that irrigation on the Luther property be situated such that it include the property in question without having to disrupt the site. He did not think there would be objections to such a proposal from the County or MPCA. Mr. Baker further gave an overview of the site layout and explained why they have proposed to place more landscaping on the site rather than along the perimeter. He added that by placing it along the interior of the site it would allow them to screen some parts of the building and storage areas to make it appear more attractive. Mr. Baker pointed out that these are manufactured prototype buildings that are required to include certain elements of design per the auto maker's requirements. He then compared the current buildings on the sites and how it would compare after construction. Commissioner Leino addressed Ms. McGinty and Mr. Warren and asked if there would be any soil testing done on this site prior to construction. Mr. Warren responded that any soil issues found during construction would be taken care of. Ms. McGinty stated that there had been Phase I and Phase II testing prior to their purchasing the site and all issues have been addressed as well as removal of any underground hoists and tanks. She further stated that anything discovered during the course of construction, would be addressed. Commissioner Leino asked about the use of the public address system on the site and he stated he is aware of several neighborhood complaints regarding the level of noise. Mc. McGinty responded that she acknowledges the noise level can be excessive and they would make any alterations that the city would require. Commissioner Roche stated that he feels that the landscaping is a little thin along the property where it abuts the single family properties and suggested that additional Austrian Pines be planted in that area to provide better screening for the single family homes Mr. Matt Swenson, Landform Engineering, responded that the landscaping in that area was designed to allow better visibility from the freeway but they will revisit the area and consider adding additional landscaping in that area. 7 -17 -08 Page 3 Commissioner Roche asked about the status of the old Iten Chevrolet sign. Ms. McGinty responded that the sign will probably remain on site since it is an icon in the area and attracts attention. Commissioner Roche stated that he would like the applicant to consider extending the irrigation system to maintain the landscaping that is on the corner of 69 and Brooklyn Boulevard. He added that it would be an amenity to have the corner well maintained. Mr. Baker responded that the property is owned by Hennepin County and it can be difficult to get their approval to install an irrigation system on the property. Ms. McGinty added that they would be willing to make contact with Hennepin County and discuss the subject with them. Commissioner Parks asked the applicant what their intent is with the fence along the east side of the property. Ms. McGinty responded that they were planning to leave the fence and it had recently been repaired. Mr. Swenson pointed out that the plans show that the fence would stay in place and be repaired where needed and where new fencing is needed, it would be installed. Commissioner Parks asked for the number of trees being demolished. He feels that something is lost if too many mature trees are taken down and replaced with new smaller trees. Mr. Warren stated that most of the trees coming down are along the northeast side to allow the applicant appropriate use of their property. Mr. Warren explained that by acquiring the single family homes, they have provided a new buffer area that abuts the residential area to maintain the required distance between the commercial use and the single family homes along 69 Avenue North. Commissioner Roche added that it appears that some very mature trees may be coming down. He expressed his desire to see the applicant thicken up the buffer area to provide both screening and a sound barrier from the single family homes. Mr. Scott Hubbard, (owner of Atlantis Pools) 432168 th Avenue, stated he's been at this location for 31 years and when he saw this plan he had some concerns: he didn't know that Luther did not own the property, he is confused about the right of refusal to purchase the property: since they are not owners, how can they control whether or not vehicles (transport trucks) are using the shared entrance he shares with the auto dealership; there are piles of dirt and dumpsters full of garbage; Luther bought the Osseo bus company business and the property is not maintained; what is happening to the old Honda dealership? It is not currently watered or maintained; will the property be maintained in the front as well as the back of the site ?; will the car dealerships be around in a couple years or will a different development be there? Commissioner Parks left the meeting at 9:58. Mr. Warren stated that he understands Mr. Hubbard's concerns but he would like to point out that his issues are not necessarily created by the applicant but rather were left on site from the 7 -17 -08 Page 4 previous owner. He is confident that the applicant will maintain their property in a positive manner and that this proposal will be a positive addition to the area. No other persons from the public appeared before the Commission during the public hearing on Application Nos. 2008 -003, 2008 -004 and 2008 -005. There was a motion by Commissioner Leino, seconded by Commissioner Roche, to close the public hearing at 10:02 p.m. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2008 -02 There was a motion by Commissioner Kuykendall, seconded by Commissioner Roche, to approve Planning Commission Resolution No. 2008 -02 regarding the recommended disposition of Planning Commission Application No. 2008 -003 submitted by The Luther Company LLLP. The motion passed unanimously. Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche. And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Resolution 2008 -02 is made part of these minutes by attachment. The Council will consider this application at its July 28, 2008 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that they be returned to the Commission for reconsideration. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2008 -004 - THE LUTHER COMPANY LLLP There was a motion by Commissioner Roche, seconded by Commissioner Leino, to recommend to the City Council that it approve Application No. 2008 -004, submitted by The Luther Company LLLP for Preliminary Plat approval to combine and divide four existing lots into two lots on the east side of Brooklyn Boulevard between 1 -94 and 69 Avenue for the creation of two new automobile dealerships subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2008 -005. 4. Appropriate cross access and cross parking agreements and a dedication binding Lot 1, Block 1, Chrysler Realty Addition to the proposed Lot 1, Block 1, Bri Mar 2 " Addition, as approved by the City Atttorney shall be developed and filed with the titles to the property. 7 -17 -08 Page 5 5. The applicant shall provide the city with an executed copy of shared access easement between the proposed Lots 1 and 2, Bri Mar 2 nd Addition prior to final plat approval to be filed with the titles to the properties. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along with the final plat. 8. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2008 -005 shall not be issued until the plat has been given final approval by the City Council and filed with Hennepin County. 9. The existing house at 4011 69 Avenue North shall be demolished or removed from the property and all utilities appropriately disconnected prior to final plat approval. Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche. And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. The Council will consider this application at its July 28, 2008 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that they be returned to the Commission for reconsideration. ACTION TO RECOMMEND APPROVAL OF RESOLUTION NO. 2008-03 There was a motion by Commissioner Roche, seconded by Commissioner Kuykendall, to approve Planning Commission Resolution No. 2008 -03 regarding the recommended disposition of Planning Commission Application No. 2008 -005 submitted by The Luther Company LLLP. The motion passed unanimously. Voting in favor: Chair Rahn, Commissioners Kuykendall, Leino, and Roche. And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Resolution 2008 -03 is made part of these minutes by attachment. The Council will consider this application at its July 28, 2008 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that they be returned to the Commission for reconsideration. 7 -17 -08 Page 6 OTHER BUSINESS Chair Rahn suggested that the discussion item of Flashing Signs be tabled until another meeting when the entire Commission is present. There was no other business. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:10 P.M. Chair Recorded and transcribed by: Rebecca Crass 7 -17 -08 Page 7 J I I I N o ff ID gi a i 3 I t ■� ,z4� ti c it ���� � � z • � � �� � �� � ¢�� ��� ��� �� R ,' yam s ', ` , 110 111,1, 1 4191 i, it I Hill fil 4111 1 11 6 fir N .4 4 w 4 w d w r C ,�� �•• J r N C9 R.:. 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ARCHITECTS 150 S Fifth Street, Suite 1425 Minneapolis, NIN 55402 -1200 Phone: 612.339.8601 Fax: 612339.5668 t •, "� ,� � �-� � e � , a B Brookdale Honda Brooklyn Park, MN New Facility Issued: APR 2 2 2011 I hereby certify that this plan, speciFcation or report was prepared by me or under my direct supervision and that I am a duly licensed ARCHITECT under the laws of the state of MINNESOTA Jonathan D. Baker A A Date: License No: xx/xx /xxxx 19289 Sheet Title Proposed � -4onda � Toyota Proposed Honda 4 Toyota Scale N.S. Sheet Number Date 04/22/2011 I M — Comm No 24a& @2011 1 I 2 I 3 F 1 ( $ 9 I 4 I 5 e L k tY,l- IlWlwl .Ign (ba cl,s.J nb.Xn.a.lg a ee� BA rww•!ac -D n n m vw'Itl. Pev, �m P.X apw�l P.rnw.e r.l c.p rY'•+P9lPa) rl.wng HAHaitt ABBOCIATaF3 INC. 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I I I I 1 4 11. r - - -- r - - -- r - - -- I l = , I l i i I I I I I I war� lI » — - — - I I A I R I m'w' II•-N I I A or �sr xxAx/u BIM B •.r 5---d Floor Plan 2 M A -102 1 1 2 I B 4 I 6 I 8 Application Filed: May 6, 2011 City Council Action Must Take Action by: July 5, 2011 Planning Commission Information Sheet Application No. 2011 -013 Applicant: The Luther Company LLLP Location: 6700 and 6800 Brooklyn Boulevard Request: Preliminary Plan (Plat) Approval of Bri -Mar 2nd Addition (Luther Brookdale Honda and Luther Toyota City dealerships) INTRODUCTION . The Luther Company is requesting preliminary and final plat approval of a proposed Bri Mar 2nd Addition, which essentially replats five (5) parcels into three separate lots (see attachment). This request conforms with the previously approved planned unit development (PUD) of this site in 2008. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. BACKGROUND On July 17, 2008, the Planning Commission conducted a public hearing on the original PUD, and adopted Planning Commission Resolution No. 2008 -005, which recommended the rezoning of the five (5) parcels owned by Luther Auto from C -2 Commerce and R -3 Multiple Family to PUD /C -2 Planned Unit Development /Commerce. This PUD also considered the overall development plan of the site, which illustrated an original layout of the two dealership sites. On July 28, 2008, the City Council accepted the Planning Commission's recommendation of approval by adopting Resolution No. 2008 -81, which subsequently approved the 2008 PUD and development plan. At this same meeting, the City Council also approved Planning Application No. 2008 -004, which was the original Preliminary Plat of Bri Mar 2 " Addition. Plat Revisions The original Bri Mar 2 plat considered the platting of the original Bri Mar Addition along with the two residential properties located at 4101 and 4011 69 Avenue North. The original plat proposed the creation of two new lots of 6.91 acres (Honda) and 8.32 acres (Toyota) respectively. The former Pilgrim site would be left in its original Lot 1, Block 1 Chrysler Realty Addition. PC 05 -26 -11 Page 1 The new 16.69 acre Bri Mar 2 nd Addition now provides the following: • Lot 1 Block 1 Bri Mar 2 nd is proposed for 54,860 sq. ft., or 1.26 acres; • Lot 2, Block 1 (Brookdale Honda site — 6800 Brooklyn Boulevard) is proposed for 312,770 sq. ft., or 7.18 acres; and • Lot 3, Block 1 Bri Mar 2 nd (Toyota City site — 6700 Brooklyn Boulevard) is proposed for 350,130 sq. ft., or 8.04 acres. The proposed Lot 1 is still being left separate under this plat in order for Luther Auto to keep the remaining (and ongoing) site clean-up issues separate from the other two dealership lots. Once Luther receives final approval or sign -off from the Minnesota Pollution Control Agency on this Lot 1, they will combine it with or into the Honda (Lot 2) site, creating a total lot or combined area of 8.44 acres. A change in this 2011 plat from the 2008 plat is the lot line separating the two dealership parcels. The original and the new still illustrate the same jog inside the area immediately east of the access at 68 Avenue /Brooklyn Blvd. intersection. This jog however, is slightly closer to the access than the 2008 plat. The lot line also jogged off near the its tie -in with the most easterly property boundaries; however, this jog is more noticeable on the 2011 plat than the 2008 plat. (Please not the thinner line that jogs easterly and lies over the northeasterly corner of the Toyota building is the former lot boundary.) Another significant change in this updated plat is the "clipped" corner of proposed Lotl, which was made to accommodate the new Honda building shifting slightly to the north. From an overall planning perspective, this revision to the corner of this lot does not take away from the overall intent and spirit of the 2008 plat, and Staff does not have any concerns or objections to this lot line change or replat. RECOMMENDATION The City Engineer has also provided an updated review memorandum dated May 20, 2011 and is attached as part of this Planning Information Sheet. A critical element of their review was the applicant's submittal of a traffic study to determine the access points and other traffic related issues, which is scheduled to be completed by June 13, 2011. The plat has been submitted to Hennepin County and MnDOT for their review and must be contingent upon any conditions recommended by both agencies. This submitted plat is being recommended for approved based on similar conditions noted under Planning Application No. 2008 -004, which comprehended the original preliminary plat of Bri Mar 2 nd Addition: 1. The final plat is subject to review and approval by the City Engineer. P C 05 -26 -11 Page 2 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon the determination by the City Council that this plat is consistent with and/or conforms to the original planned unit development approved under Planning Application No. 2008 -005, on July 28, 2008. 4. Appropriate cross access and cross parking agreements and a dedication binding Lot 1, Block 1, Chrysler Realty Addition to the proposed Lot 1, Block 1, Bri Mar 2 ❑d Addition, as approved by the City Attorney shall be developed and filed with the titles to the property. 5. The applicant shall provide the city with an executed copy of shared access easement between the proposed Lots 1 and 2, Bri Mar 2 nd Addition prior to final plat approval to be filed with the titles to the properties. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along with the final plat. PC 05 -26 -11 Page 3 MEMORANDUM DATE: May 20, 2011 TO: Tim Benetti, Planning and Zoning Specialist FROM: Bruce Johnson, Engineering Technician Supervisor SUBJECT: Public Works Preliminary Plan Review— Bri Mar 2 nd Addition, Luther Brookdale Honda and Toyota City Public Works Department staff reviewed the Preliminary Plan submittal dated May 5, 2011, for the proposed Bri Mar 2 nd Addition and have the following comments: Easements, Agreements and Plat: 1. An updated certified abstract of title or registered property report must be provided to the City Attorney for review at the time of the final plat application (within 30 days of release of the final plat). 2. A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 3. An overall easement agreement is required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site. This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 4. Cross access, parking and utility agreements are required between all necessary parcels. 5. The proposed plat is located adjacent to Minnesota Department of Transportation (Mn/DOT) highway right -of -way and Hennepin County right -of -way. Minnesota Statutes require that the City submit the plat to the Department of Transportation and Hennepin County for written comments and recommendations. All Mn/DOT and Hennepin County comments will be conditions of approval. 6. The applicant shall be responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. Easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 7. Legal descriptions and easement vacation documents must be obtained for all existing easements, which must be vacated as part of the subdivision and site redevelopment process. 8. Private site appurtenances (e.g. light poles, signs, etc.) must not encroach on public easement areas. For appurtenances that provide adequate setback and will not have any direct impact on the public elements within the easement area as approved by the City, an encroachment agreement is required for any element that is allowed and agreed to encroach in those easement areas. Preliminary Plan Review Memo — Bri Mar 2nd Addition Page 2 of 3 May 20, 2011 General Items: 9. Provide the City with a traffic study including the signal systems at 68 and 69 Avenues and all proposed access points. Access and other traffic issues will further be identified and addressed upon completion of the traffic study. Items may include addition of right turn lanes and other such traffic safety and/or operational elements. 10. Combine the two existing access driveways into a single right - in/right -out only access. Location of this access must be located easterly of the existing median break to eliminate the potential drivers turning left. 11. Shift northeasterly access further to the east or extend the 69 Avenue median nose. 12. Revise the main entrance at 68 Avenue to include longer turn/through lanes that accommodates longer vehicle stacking distances. The geometric improvements must be coordinated with the existing signal system design and/or redesigned accordingly. Dependent on the results of the traffic study, the lane configuration should be a right turn, thru -left lane and entrance lane. 13. The main entrance at 68 Avenue should line up with an internal drive lane to help avoid internal queuing issues that could back out onto the County roadway. 14. The southerly access must line up with the internal drive aisle, minimizing the skew. This access throat length should be increased in distance by closing the access to the first drive aisle. 15. Revise the plan to include additional infiltration /abstraction/filtration facilities. 16. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the final site plans. 17. A storm water pollution prevention plan ( SWPPP) is required. All SWPPP BMPs must be installed prior to any disturbance of the property. 18. The site is required to be irrigated. Irrigation plans are required and must be submitted for approval. 19. Upon project completion, the applicant must submit an as -built survey of the property, improvements and utility service lines and structures, and provide certified record drawings for any associated private and /or public improvements prior to issuance of the certificate of occupancy. The survey must also verify that all property corners have been established and are in place at the completion of the project as determined and directed by the City Engineer. 20. Inspection for the private site improvements must be performed by the developer's design/project engineer. Upon project completion, the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as- built drawings. 21. Provide storm water hydrology and hydraulic computations and mapping. i Permitting: 22, Minnesota Department of Health permit is required for watermain installation. Preliminary Plan Review Memo — Bri Mar 2nd Addition Page 3 of 3 May 20, 2011 23. MPCA sanitary sewer permit is required. 24. MPCA NPDES permit is required. 25. Hennepin County access permit is required. 26. A Mn/DOT permit is required for drainage to and work within Mn/DOT Right of way. 27. Shingle Creek Watershed Management Commission (SCWMC) plan review and approval are required. Sheet C -301 28. Move car display pad in the southwest corner out of the City drainage and utility easement. 29. Car displays must not encroach into intersection sight lines. 30. The perimeter shall entirely consist of 136 -12 curb and gutter. Sheet C -401 31. New gate valves must be installed at all City connections. 32. Provide pretreatment before all storm water treatment facilities and/or prior to connections to the City's storm water system. 33. All watermain connections to public City watermain must be inspected by City personnel. 34. All sanitary sewer connections to City main will be inspected by City personnel. 35. All utilities must be disconnected before building demolition begins. 36. Install manhole at the exterior of both buildings for the sanitary sewer lines. 37. Loop the watermain between the two buildings. Sheet C -501 38. Revise the lot line in the Northwest corner of Lot 1, Block I to provide 2 feet of clearance with the existing sidewalk or dedicate as right of way. 39. Join Lot 1, Block 1 or tax combine to Lot 2, Block 2. 40. The final plat shall include 10 -ft wide drainage and utility easements along the perimeter of the plat and along internal property lines. The final plat shall also include a drainage and utility easement extending over the boundary of the existing signal and utility easement per Document Nos. 3457153, Document No. 3457154 and Document 345158, and /or as additionally needed to encompass the traffic signal system. 41. Provide the City with sidewalk easement along 69 Avenue to allow 2 foot clear zone of the existing walk. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The preliminary plan (site plan and preliminary plat) must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plat and final site plans may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2011 -10 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -013, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF BRI MAR 2 ND ADDITION SUBMITTED BY THE LUTHER COMPANIES LLLP WHEREAS, Planning Commission Application No. 2012 -013 submitted by Linda McGinty on behalf of The Luther Company, LLLP requests approval of a Preliminary Plat approval of a subdivision to be titled Bri Mar 2 nd Addition, which is a replat of five contiguous lots located on the easterly side of Brooklyn Boulevard between 1 -94 and 69 Avenue North and addressed as 6700 Brooklyn Boulevard, 6800 Brooklyn Boulevard, 4215 69 Avenue North, and 4101 69 Avenue, 4011 69 Avenue North; and WHEREAS, this plat is being requested to create three (3) separate lots for the benefit of a new Luther Brookdale Honda dealership and new Toyota City of Brooklyn Center dealership; and WHEREAS, the Planning Commission held a duly called public hearing on May 26, 2011 at which time a staff report and public testimony regarding the preliminary plat of Bri Mar 2nd Addition were received; and WHEREAS, the review of this preliminary plat submitted with Planning Application No. 2011 -012, even with the minor lot line revisions is in general conformance with the original plat approved by the City Council on July 28, 2008 in acceptance of Planning Application No. 2008 -004; and WHEREAS, the Planning Commission has determined these plat revisions are not significant enough or diminishes the original intent and desired effect in the platting of this redevelopment site; and WHEREAS, the Planning Commission has determined during the review of this plat application that the building and site modifications previously approved under the 2008 Planned Unit Development (PUD) plan as comprehended under the original Planning Application No. 2008 -005, and adopted by the City Council under Res. No. 2008 -81, is in substantial compliance and conformity with this approved PUD and overall development plan; and 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. 2011 -013 submitted by Linda McGinty on behalf of The Luther Company, LLLP be approved based upon the following considerations: i 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon those condtions and consideratins approved under Planning Commission Application No. 2008 -005 and memorialized in adopted City Council Resolotion No. 2008 -81, dated July 28, 2008. 4. Appropriate cross access and cross parking agreements and a dedication binding Lot 1, 2 and 3, Block 1 of Bri Mar 2 nd Addition, and as approved by the City Atttorney shall be developed and filed with the titles to the property. 5. The applicant shall provide the city with an executed copy of shared access easement between the proposed Lot 1, 2 and 3, Block 1 of Bri Mar 2 nd Addition prior to final plat approval to be filed with the titles to the properties. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along with the final plat. 8. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2008 -005 shall not be issued until the plat has been given final approval by the City Council and filed with Hennepin County. 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: Chair , Commissioners and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 2 Mr. Boganey noted before Council tonight is approval of the first reading of the ordinance and setting the second reading and public hearing for August 25, 2008. Councilmember Lasman moved and Councilmember Yelich seconded to approve first reading and set second reading and Public Hearing on August 25, 2008, of an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Westerly of Brooklyn Boulevard Between I -94 and 68 Avenue North). Motion passed unanimously. 10b. PLANNING COMMISSION APPLICATION NO. 2008 -04 SUBMITTED BY THE LUTHER COMPANY LLLP. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE AND DIVIDE FOUR EXISTING LOTS INTO TWO LOTS ON THE EAST SIDE OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69 AVENUE FOR THE CREATION OF TWO NEW AUTOMOBILE DEALERSHIPS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 17 2008, MEETING Mr. Warren stated the Planning Commission recommended approval at its meeting of July 17, 2008, subject to nine conditions. He discussed the recommended conditions, the ordinance, and responded to questions from the City Council. Councilmember Ryan moved and Councilmember Yelich seconded to approve Planning Commission Application No. 2008 -004 submitted by the Luther Company LLLP subject to the following conditions recommended by the Planning Commission: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2008 -005. 4. Appropriate cross access and cross parking agreements and a dedication binding Lot 1, Block 1, Chrysler Realty Addition to the proposed Lot 1, Block 1, Bri Mar 2nd Addition, as approved by the City Attorney shall be developed and filed with the titles to the property. 5. The applicant shall provide the City with an executed copy of shared access easement between the proposed Lots 1 and 2, Bri Mar 2nd Addition prior to final plat approval to be filed with the titles to the properties. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 07/28/08 Downloaded frorn the City of Broo4 Center Webl-ink Repository May 25, 2011 03:30PM 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along with the final plat. 8. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2008 -005 shall not be issued until the plat has been given final approval by the City Council and filed with Hennepin County. 9. The existing house at 4011 69th Avenue North shall be demolished or removed from the property and all utilities appropriately disconnected prior to final plat approval. Motion passed unanimously. 10c. PLANNING COMMISSION APPLICATION NO. 2008-005 SUBMITTED BY THE LUTHER COMPANY LLLP. REQUEST FOR REZONING FROM C -2 (COMMERCE) AND R -3 (MULTIPLE FAMILY RESIDENCE) TO PUD /C -2 (PLANNED UNIT DEVELOPMENT /COMMERCE) AND DEVELOPMENT PLAN APPROVAL THROUGH THE PUD PROCESS FOR TWO NEW AUTOMOBILE DEALERSHIPS (HONDA AND TOYOTA) ON THE EAST SIDE OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69 AVENUE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 17, 2008, MEETING. 1. RESOLUTION NO. 2008 -81 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008- 005 SUBMITTED BY THE LUTHER COMPANY LLLP Mr. Warren stated the Planning Commission recommended approval of this application at its July 17, 2008, meeting, subject to 18 conditions including prohibition of using an outdoor paging system. He discussed the resolution and responded to questions from the City Council. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -81, Regarding Disposition of Planning Commission Application No. 2008 -05, submitted by the Luther Company LLLP, and subject to conditions of the Planning Commission and addition of Condition 19 as stated by Attorney LeFevere. Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (4011 AND 4101 69 AVENUE) 07/28/08 Downloaded from the City of Brooklyn Center WebLink Repository M.y 25, 2011 03.30PM BRI MAR 2nd ADDITION Plat Modifications 2008 Plat VS. 2011 Plat - - ----------- - -------------- -------------- HONDA WA LOT I' J" IF. co TOYOTA �� �,. A � � �' � /SLOT 3 LOT 2 . LD ACRES WO &F oo� 09 0 ftnoA*wpg1P:3 ona sowws= 'MO" • PIW rM 60S I-uaoN O � ALVN1W11Mw a �5�� 6S 4l2 A 1 ..q D,LS•6BS \, I I I I , •9 d O .� ..rn y,n 53• ,• r ! .u,lnnl nsopnn ns�vm 1' lllm \ \`'4 ' Fi o y o `�� O CI [� I 3. •! 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Klww whdY 6AIOW. mD ®AA]s•ur.Lnuc , Cdl P ymdo. o so too MEMORANDUM TO: Planning Commission Members FROM: Tim Benetti, Planning & Zoning Specialist SUBJECT: Architectural Design Guidelines — Discussion Item Only DATE: May 26, 2011 Background: As part of the Brookdale Mall redevelopment / Shingle Creek Crossing PUD approvals, one of the important elements of that review was the proposed architectural standards and guidelines that would govern the new buildings in this PUD. The latest guidelines submitted by the Shingle Creek Crossing development team is included for your review. City staff has contemplated an amendment to the City Zoning Ordinance, specifically Sect. 35- 2240 CC Central Commerce Overlay District, by adding certain architectural design guidelines or building materials for future developments. Research of other communities' ordinances reveals that other cities have identified in certain districts, typically the commercial or industrial sectors, specific building materials and respective allotments (i.e. percentages). I have included for further review a handout of culled ordinance sections from various cities. Staff intends to lead a introductory discussion of these design guidelines and materials, and receive feedback and comments from the Planning Commission on what, if any materials, allotment or guidelines you wish to have made part of the zoning ordinance. This may be limited to the Central Commerce District for now, but may expand to other zoning districts if necessary. BROOKLYN PARK Different exterior materials must be specifically approved as part of a development plan in conjunction with an Overlay, the Planned Unit Development District (PUD) or Planned Community Development District (PCDD). (A) Classes of materials. For the purpose of this section, acceptable exterior materials are divided into Class 1 and Class 2 categories as shown in the following table: Figure 152.392.01 Classes of Materials Class 1 Class 2 1. Brick 1. Industrial grade concrete precast panels 2. Natural or cementious stone 2. Ceramic 3. Glass, whether block, windows, or opaque or 3. Wood mirrored panels 4. Masonry stucco, or EFIS in conformance with 4. Tile (masonry, stone or clay) the ICC ES report 5. Seamless metal panels (including copper) 5. Other materials not listed elsewhere as approved by the City Manager 6. Specialty concrete block (including textured, burnished block or rock faced block) 7. Architecturally textured concrete precast panels 8. Other materials not listed elsewhere as approved by the City Manager (B) Required combination of materials. Buildings must incorporate classes of materials for each facade in the following manner: (1) Office, service, and retail buildings. (a) Front facades and side and rear facades visible from public right(s) -of -way, the public view from adjacent properties, parks, or residential uses or districts must be composed of at least two or more Class 1 materials totaling 65% of the facade. (b) Side and rear facades not visible from public right(s) -of -way, parks, public view from adjacent properties or residential uses or districts may use any combination of Class 1 or 2 materials. (c) Facades visible from public right(s) -of -way may include windows, doors, canopies or other treatments that help mitigate the appearance of blank walls. (2) Industrial and warehouse buildings, multi - tenant office /industrial/warehouse or showroom/warehouse or other combinations. (a) Front facades must be composed of at least two or more Class 1 materials totaling 65 %. (b) Side and rear facades visible from public right(s) -of -way, parks, public view from adjacent properties, or residential uses or districts must be composed of at least two or more Class 1 materials totaling 50 %. (c) Side and rear facades not visible from public right(s) -of -way, parks, public view from adjacent properties or residential uses or districts may use any combination of Class 1 or 2 materials. (3) Buildings for uses that do not conform to any of the above list of uses must conform to the materials and proportion of office and retail buildings listed in subdivision (1), above. Minnetonka 13. Architectural Standards. a) It is not the intent of the city to restrict design freedom unduly when reviewing project architecture in connection with a site and building plan. However, it is in the best interest of the city to promote high standards of architectural design and compatibility with surrounding structures and neighborhoods. Architectural plans shall be prepared by an architect or other qualified person acceptable to the director of planning and shall show the following: 1) elevations of all sides of the building; 2) type and color of exterior building materials; 3) a typical floor plan; 4) dimensions of all structures; and 5) the location of trash and recycling containers and of heating, ventilation and air conditioning equipment. b) Unadorned prestressed concrete panels, concrete block and unfinished metal shall not be permitted as exterior materials for residential or non - residential buildings. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any exterior property line. The city may, at its discretion, allow architecturally enhanced block or concrete panels. APPLE VALLEY (A) The design of all building site and landscape plans shall be prepared by a professional skilled and trained to perform these services. Buildings shall be designed to fit the particular site and shall be harmonious with adjacent buildings, topography and natural surroundings and shall otherwise meet the provisions of this chapter. new construction is compatible with existing structures and neighborhood (B) In order to assure that e o p g environments, it is necessary to establish minimum design and building material standards. These standards will serve to prevent new development from de- stabilizing adjacent neighborhoods by mitigating the intrinsic negative impacts associated with structures of greater bulk and density. The following standards are established to accomplish these ends: (1) Exterior vertical surface design. All exterior vertical surfaces of residential, multiple residential, commercial, industrial and institutional structures of any type shall be treated as a front and have an equally attractive or same fascia. (2) Design ofgarages. Garages and other accessory buildings shall have a design and appearance that will not detract from the main building(s) or adjacent buildings. (3) Mechanical protrusions. All necessary mechanical protrusions visible to the exterior shall be screened or handled in a manner such that they are not visually obvious and are compatible with the surrounding development. For rooftop mechanical equipment, satisfaction of this requirement shall require that the equipment be fully screened visually by wether a parapet wall along the edge of the building or by a screen immediately surrounding such equipment. The height of the parapet wall or screen shall be at least the height of the equipment. Parapet walls must be an extension of the primary building materials comprising the outside walls of the building; screens must be constructed of durable, low- maintenance materials and be either a light, neutral color or the same color as the primary building materials of the outside walls. Rooftop equipment shall be setback from the edge of the roof a minimum of 20 feet. For ground mounted equipment, satisfaction of this requirement shall require that the equipment be fully screened by either a masonry wall or an opaque landscape screen. The height of the wall or landscape screen shall be at least the height of the equipment. Masonry walls must be constructed of the same materials and color s the primary materials comprising the outside walls of the building; landscape screening must be of plant materials that are fully opaque year- round. Equipment shall be painted a neutral earth -tone color. All mechanical protrusions shall be pointed out on the site plan and elevations. (4) Materials. Materials shall be those normally utilized in this part of the country for permanent type construction, which are found in what is generally accepted as good architectural design and which are found to be compatible with nearby existing buildings. Required building materials shall depend upon the use of the building as follows: (a) Commercial buildings shall have a vertical exposed exterior finish of 100% non- combustible, non - degradable and maintenance -free construction materials (such as face brick or natural stone but excluding such construction materials as sheet or corrugated aluminum, iron, or concrete block of any kind or similar). Exterior roof -top finishes shall preclude the use of exposed or plated metal; any metal surface shall be coated or anodized with a non- reflective, glare -free finish. (b) Industrial buildings shall have a vertical exposed exterior finish of 100% non- combustible, non - degradable and maintenance -free construction materials (such as face brick, natural stone or decorative concrete block but excluding construction materials as sheet or corrugated aluminum, iron, plain or painted plain concrete block or similar). Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block. Exterior roof -top finishes shall preclude the use of exposed or plated metal; any metal surface shall be coated or anodized with a non - reflective, glare -free finish. EDINA K. Building Design and Construction. In addition to the other restrictions of this Section and of Section 410 of this Code, the use, construction, alteration or enlargement of any building or structure within the Planned Commercial District shall meet the following standards: 1. All exterior wall finishes on any building shall be one or a combination of the following: a. face brick; b. natural stone; c. specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; d. factory fabricated and finished metal framed panel construction if the panel materials are any of those noted above; or e. glass or prefinished metal (other than unpainted galvanized iron). 2. All subsequent additions, exterior alterations and accessory buildings constructed after the erection of an original building or buildings shall be constructed of the same materials as the original building and shall be designed in a manner conforming to the original architectural design and general appearance. MAPLE GROVE 5 )' Building exteriors Within the central business district and within 800 feet of the right-of-way of any freeway, all building exteriors shall be brick, stone or, glass, or any combination thereof, except for trim accessories and the roo£ .... n �.,,xx, ... r The exteriors of all'other buildings located elsewhere in the B distract shall': consist of brick, s tone, or glass, or any combination thereof, or a decorative?" material approved pp oved by the city council, including, but not limited to, decorative masonry, but not including such things as plain basement block or .... ......._ .._ ........ metal.. ........... ............................... EAGAN B -- - ---------- _ -------- ..... ,SBec f c building design requirements. 1 Storage,spac to multiple dwellings A minimum of 150 cubic feet of storage shall be provided ?within the multiple- dwelling building for each dwelling unit, exclusive of storage space provided within; each dwelling unit In townhouse units only, this storage space maybe provided in a garage serving the ._ _ W. W.. _ . __._ unit _. 2 Canopies and awnings. , The design of canopies shall be in keeping with the overall building design in _.. terms of location, size (scale), and form.' _. 3 Exterior building surface materials.`; 'a. Policy statement Exterior building materials shall be attractive in appearance, durable and compatible, ;with 40j acent structures and c with the city's standards for the district in which it is located.'; b The intent of this section is to prov a strong, dominan arc hitectural theme through the use of a combination of appropriate, durable, non - degradable, and low maintenance materials: c.l Requirements., Exterior surface materials of a newly constructed building shall be subject to the llowin fog _ _ ..... requirements A. Classes of materials Exterior building materials shall be divided into Class I, Class lI, Class III, Clasp ..._. ....... .. , ......... ........_ ....... _ ., N and Class V categories as follows:'' ;Class I Clay -based masonry units, brick (integrally colored) Natural stone; Glass /spandrel glass; ............ • Architectural metal panels which cover a wall (e g copper panels, composite metal panels} .. _ __._ • Other comparable or superior materials (as approved by the city council} ............................... Class II ..._ _ .. • Specialty concrete block such as textured, burnished block or rock faced block ....... .._.... • Masonry stucco; • Manufactured stone provided it replicates the appearance of natural stone, not concrete block Other comparable or superior materials (as approved by city council)' Class III: • Exterior Insulation and Finish Systems (EIFS) _ _.. • Architecturally precast textured concrete panels, Glass block _.. • Ornamental metal as an accent to the building, Cement -based and architectural products (e.g Quik Brik and HardieBoard) Other comparable or superior materials (as approved by city council) Class IV` • Smooth concrete block, • Smooth scored concrete block;. Smooth concrete tip up panels,, • Ceramic'. Wood • Other comparable or superior materials (as approved by city council)', . __......... ... ............... Class V Steel, sheet or corrugated aluminum, or iron provided it is coated or anodized with a non -reflective,! glare -free finish)! Any other material not within the standards set forth m paragraph b i, B. _.. �Tew constructed buildings shall incorporate the classes of materials as follows (1)Buildmgs within LB, NB, CSC, RD and BP zoning districts shall use at least two Class I materials` and i the building must be finished with at least 65 percent Class I materials, not more than 35 percent Class II or Class II h _ . �s- m 1 materials, and not more tan ten percent Class IV materials . ...... (2)Buimgs w an , z districts an ldithin 1 d I 2oning diid located 800 feet or less from a county, state or ... v.., �..r federal right-of-way shall use at least two different Class I or Class II materials and the buildin g must, 'be finished with at least 65 percent Class I or Class II, not more than 35 percent of Class III and Class; TV materials; in no case shall Class IV materials exceed ten percent. ....... . (3)Buildmgs within 1-1, 1-2 or GB zon ing districts and loc ated more than 800 feet from a coun , stated or federal right -of -way shall comply with the following: a . Such buildings shall utilize at least 75 ercent Class Class 11 or Class Ill materials Bu constructed of a vertical finish made of noncombustible, non-degradable, and low mamtlldings shall be , I enance construction material. `b,= No more . may be firi shed with Class IV and V materials finish of the exposed walls of any newly constructed buildm _... y. finished .. W...._ _.. _ J BURNSVILLE 10 -19 -1: SPECIAL REQUIREMENTS AND PERFORMANCE STANDARDS FOR ALL BUSINESS DISTRICTS: (A) Building Design And Materials: All buildings shall be designed to accomplish the goals and policies of the comprehensive plan. Building materials shall be attractive in appearance, of a durable finish, and be of a quality that is compatible and harmonious with adjacent structures. All buildings shall be of good aesthetic and architectural quality to ensure they will maintain and enhance the property values of neighboring properties and not adversely impact the community's public health, safety and general welfare. 1. Design Elements: All new building fronts and refacing of existing buildings shall include a minimum of three (3) of the following elements: a. Accent materials; b. A visually pleasing front entry that, in addition to doors, shall be accented a minimum of one hundred fifty (150) square feet around the door entrance for single occupancy buildings and a minimum of three hundred (300) square feet total for the front of multi- tenant buildings (this area shall be counted as 1 element); c. Twenty five percent (25 %) window coverage on each front that faces a street; d. Contrasting, yet complementary, material colors; e. A combination of horizontal and vertical design features; f. Irregular building shapes; or g. Other architectural features in the overall architectural concept. If the applicant and the development review committee (DRC) cannot agree on the proposed building exterior elevations, the applicant shall be required to make an application for a conditional use permit to prove compatibility. 2. Accent Materials: Accent materials shall be wrapped around walls visible from public view. Painting shall not be substituted for visual relief, accenting, or a required element. No wall shall exceed one hundred feet (100') in length without visual relief. "Visual relief' may be defined as the incorporation of design features such as windows, horizontal and vertical patterns, contrasting material colors, or varying wall depths. Use of fiber cement trim, soffit and fascia shall be allowed as accent materials. 3. Major Exterior Materials: Major exterior materials of all walls including face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel siding, architectural concrete and precast panels shall be acceptable as the major exterior wall surface when they are incorporated into an overall design of the building. Stucco, synthetic stucco or fiber cement vertical panel siding shall not be allowed within twenty four inches (24 ") from grade. Use of rain screens, panelized systems, or curtain walls are encouraged and will be verified for high quality design and materials through the development review committee. Fiber cement seam lines shall be architecturally integrated into the building design so that they are not visible. Seam lines can be filled, covered by other accent material or other method thereby making the seam lines invisible. Color impregnated decorative block shall also be allowed as a major exterior wall material, and shall be required to be sealed. All materials shall be color impregnated with the exception of allowing architectural concrete precast panel systems and fiber cement siding to be painted. Painting shall not be allowed on color impregnated, major exterior materials. Request for approval of cast in place systems shall be through a conditional use permit or planned unit development, whichever is deemed appropriate by city staff. If the architectural precast panel systems are painted, they shall be properly prepared and maintained regularly to prevent peeling, stripping, shading or any other form of deterioration or discoloration. Proof of manufacturer's painting specifications shall be supplied prior to issuance of a building permit. This subsection (A)3 shall also apply to all exterior repairs, remodeling, or expansion of existing buildings that require a building permit. 4. Restricted Exterior Materials: Unadorned prestressed concrete panels, whether smooth or raked, nondecorative concrete block, sheet metal, corrugated metal or unfinished metal shall not be used as exterior materials. This restriction shall apply to all principal structures and to all accessory buildings except those accessory buildings not visible from any property line. No more than twenty five percent (25 %) of any exterior wall on a building shall be fiber cement siding, wood or metal accent material. This twenty five percent (25 %) limit may be exceeded when used in a panelized system that consists of prefabricated, or factory manufactured, panels that form a structural envelope, and significantly simplify on site framing, and request for approval shall be through a conditional use permit or planned unit development. 5. Visual Relief: No wall shall exceed one hundred feet (100') in length without visual relief. "Visual relief' may be defined as a varying design of the building by incorporating design features such as windows, horizontal and vertical patterns, contrasting material colors or varying wall depths. 6. Roofs: Roofs which are exposed or an integral part of the building aesthetics shall be constructed only of commercial grade asphalt shingles, wood shingles, standing seam metal, slate, tile, or copper. Flat roofs, which are generally parallel with the first floor elevation, are not subject to these material limitations. 7. Building And Roofing Materials: All building and roofing materials shall meet current accepted industry standards and tolerances, and shall be subject to review and approval by the development review committee for quality, durability, and aesthetic appeal. For all new buildings and building exterior renovations, the applicant shall submit to the city product samples, color building elevations, and associated drawings which illustrate the construction techniques to be used in the installation of such materials. Building and roofing materials not specifically approved in this section may be allowed by a conditional use permit or planned unit development only after it is demonstrated that the proposed material is equal to or better than approved materials. The long range maintenance of the proposed material shall be incorporated as a condition of the approval and filed on the property. PLYMOUTH (k) Buildings shall comply with the following list of allowable and prohibited materials: (1) Allowable Materials. a. Easily maintained materials that are durable and attractive at close distances (e.g., from the view of a pedestrian). b. Materials that have an attractive pattern, texture, and quality detailing. c. Brick, stone, or high - quality pre -cast concrete (colored and textured). d. Metals with matt finish and with neutral or earth tone colors; metals that are used for exterior walls should have visible corner moldings and trim. e. Transparent glass. f. Canvas awnings. (2) Prohibited materials. a. Non - durable siding materials such as plywood, corrugated metal or fiberglass, or other materials that decay rapidly when exposed to the elements. b. Materials that have no pattern or relief, especially when those materials are applied to large wall surfaces. c. Simulated brick or stone. d. Wood, except as accent materials or in elements that are integrated with other — desiredll materials. e. Mirrored glass, especially mirrored glass that faces an active pedestrian street. f. Materials that represent corporate colors, patterns, or trademarks. g. Brightly colored metal roofing or canopies. h. Concrete that is not enhanced as indicated under — Allowable Materials1l in (1) above, especially pre- cast, tilt -up walls. i. Synthetic awnings and awnings designed to be illuminated from within. BLOOMINGTON c)The following regulations apply to all primary and accessory buildings and additions in the following (1)Exterior Wall Finish. Exterior wall surfaces of all buildings, excluding those portions of foundation walls extending normally above finished grade, shall be faced with glass, exterior cement plaster (stucco), natural stone, brick, architectural concrete, metal in accordance with adopted policies and procedures set forth in the adopted Resolution, or an equivalent or better. Except for glass or metal, all color shall be integral to the exterior wall finish material unless a colored and opaque coating for all or some part of the exterior wall finish material is specifically approved by the City Council as part of a development approval process and where the application has included: (A)Certification by the coating manufacturer that the coating is appropriate for the intended purpose and will not damage the exterior wall finish material to which it is to be applied; and (B)Certification by the exterior wall finish material manufacturer that the coating to be applied is one that is appropriate for the exterior wall finish material and that its use will not reduce or void the exterior wall finish material warranty. COON RAPIDS 11 -1504 District Standards. The District Standards shall be as follows: (1) Building_ Appearance. The design of buildings and exterior building materials shall be consistent with the following standards. (a) Building? Character. The design of buildings shall have a comparable, compatible and complementary relationship to surrounding land uses. Buildings shall be designed with interesting and varied exterior materials, setbacks and architectural features and details. All exterior wall surfaces shall be of the same materials. (b) Development Guidelines. Developments shall satisfy the following guidelines. Determination of whether these guidelines are satisfied shall be made by the Planning Commission or by the City Council after receiving a recommendation from the Planning Commission. i. Vary building massing, using methods including staggering building components, adding columns, recessing doorways, creating interesting shapes and short, uneven facades ii. Articulate building facades using techniques such as staggering, arcades, awnings, special window treatments, ornamentation and unique details. Face primary entries to public or private streets and orient doors for loading and unloading goods away from public or private streets. iii. Provide a variety of roof shapes using techniques including pitched, gable or hip roofs or detailed parapets and cornices creating interesting roof profiles for flat roofs. iv. Every building shall include a focal element or feature adding interest or distinction, using techniques such as elevating parts of buildings, towers, or emphasizing a prominent part of the building such as a corner or main entry or by using features such as canopies, porticoes, overhangs, arcades, facade recesses and projections and peaked roofs or raised parapets above doors or windows. v. High quality, exterior building materials shall be used. Such materials include brick, natural stone, textured pre -cast masonry, integrally colored, concrete masonry units, and similar materials. Accent materials may include metal, glass block, EIFS and similar materials. Exterior materials shall not include smooth -faced concrete block, pre- fabricated steel panels, reflective glass or aluminum, fiberglass or vinyl siding. vi. Exterior colors approved by the Planning Commission shall not be changed, at the time of building construction or in the future, unless approved by the Commission. vii. Where approved, the motor vehicle fuel pump canopy roof shall have the same shape, materials and color as the roof of the principal building. Canopy supports shall be enclosed in decorative masonry or metal columns. [Revised 1/2/96, Ordinance 1557] VADNAIS HEIGHTS 18.030 Architectural Guidelines and Requirements The overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be given primary consideration in the site plan approval process. (1) All exterior wall finishes on any building shall be one or a combination of the following: (a) face brick and brick accents. (b) glass, when used in combinations with one or more of the other materials listed herein. (c) natural stone. (d) stucco and similar types of exterior finish systems. (e) architectural - quality pre - finished metal panels when used as a secondary feature in combination with one or more of the other materials listed above. (f) "rock- face" or "split- face" concrete block only when used as a secondary, accent material in combination with one or more of the materials listed above. (2) Buildings throughout the City Center District shall reflect compatible and complementary colors and materials. This includes brick materials and earthtone colors for building treatments and earthtone or green roofs. (3) Building rooflines should be articulated, through the use of arches or other appropriate detail. (4) All ground mounted or roof mounted HVAC, utility meters and other such equipment shall be well - screened from eye level view from adjacent streets, parking lots and entrances of adjacent buildings. (5) All subsequent additions, exterior alterations, and accessory buildings constructed after the erection of an original building or buildings shall be constructed of the same materials as the original building and shall be designed in a manner conforming to the original architectural design and general appearance, to the extent that such design and construction is compatible with the City Center standards. (6) Any exterior building wall adjacent to or visible from a public street, public open space, or abutting property may not exceed sixty (60) feet in length without significant visual relief consisting of one or more of the following: (a) the facade shall be divided architecturally by means of significantly different materials or textures, or; (b) horizontal offsets of at least four 4) feet in depth, or; (c) vertical offsets in the roof line of at least four (4) feet, or; (d) windows at the first floor level which is either recessed or extending horizontally at least one (1) foot from the facade. (7) No outdoor storage of goods or merchandise shall be permitted except as provided in 18.020(3)(4). (8) Retail /service uses shall incorporate pedestrian amenities and design features to establish a village type environment. (9) No single purpose retail facility shall be constructed after September 1, 2006 that is in excess of 50,000 ground floor area square feet unless it is a multi -story building. Single purpose retail shall mean that retail sale of goods and incidental services are the principal function of the facility. The City Council may increase these limits based on an overall comprehensive site development plan containing a special pedestrian scale building plan, architectural facade treatment and relief, connections to other retail and service uses and surrounding development, imaginative pedestrian outdoor space design and harmonizing, scale reducing parking area appearance treatment. WOODBURY Sec. 24 -304. Exterior architectural standards for commercial, office, industrial, warehouse and similar buildings in nonresidential zoning districts. The purpose of this section is to establish minimum standards for exterior architecture of commercial, office, industrial and warehouse buildings and to ensure a high quality of development, redevelopment and compatibility with evolving architectural or planning themes that contribute to a community image of quality, visual aesthetics, permanence and stability which are in the best interest of the citizens of the city. These standards are intended to prevent use of materials that are unsightly, deteriorate rapidly, contribute to depreciation of area property values, or cause urban blight. These standards are further intended to ensure coordinated design of building exteriors, additions and accessory structure exteriors in order to prevent visual disharmony, minimize adverse impacts on adjacent properties from buildings which are or may become unsightly, and buildings that detract from the character and appearance of the area. It is not the intent of this division to unduly restrict design freedom when reviewing and approving project architecture in relationship to the proposed land use, site characteristics and interior building layout. However, modifications to the exterior design may be required to promote compatibility with the desired architecture in the immediate vicinity and/or the general architectural character of the area and the city in general. (1) General design concept. Building and /or project designs may be required to modify building materials, colors, details, site plan, landscape plantings, or other features to meet the intent of these architectural standards. (2) Modifications. Projects may be required to utilize building ornamentation features, including but not limited to: columns, arches, parapets, cornices, friezes, canopies, moldings, dentils, corbels, quoins, rustication, vaults, domes, and cupolas. (3) Corporate identity. The intent and purpose of the architectural standards supersede corporate identity designs. When a corporate identity design does not meet the intent and purpose of the architectural standards, the corporate identity design shall be limited to the area immediately adjacent to the main entry and may require modification to meet the intent of the ordinance. (Mins. Of 6 -27 -2001; Ord. No. 1778, § 1778.11, 9 -27 -2006) Sec. 24 -305. General requirements. This division shall apply to all commercial, office and industrial buildings, additions, exterior remodeling and accessory structures, unless different exterior materials are specifically approved. The review and approval process shall be the same as outlined in section 24 -123 of the City Code. (Mins. Of 6 -27 -2001; Ord. No. 1778, § 1778.11, 9 -27 -2006) Sec. 24 -306. Minimum submission requirements. The applicant shall submit the following: (1) Elevations and dimensions of all sides of existing and proposed buildings, including roof mechanical equipment, vents, chimneys, or other projecting items above the roof line. (2) Elevations and dimensions of all existing or proposed solid waste and recycling containment areas. (3) Detailed exterior descriptions, including type and color of all exterior building materials, awnings, exterior lighting, mechanical screening material, fencing, metal flashing and the like. (4) To aid in evaluating the exterior design, the applicant shall submit schematic floor plans showing, if applicable, window locations, doors, loading docks, projected interior layouts, seating, bar areas, waiting areas, vestibules, patios and outdoor seating, storage areas, food preparation areas, interior trash or recycling space and the like. (5) Heating, air conditioning and ventilating and electrical equipment heights, locations and screening materials. (6) Colored renderings, exterior building and finish material samples and color pallets. (7) Sightline diagrams are required. Rooftop units must be hidden from view from all locations. (8) Other information as required. (Mins. Of 6 -27 -2001; Ord. No. 1778, § 1778.11, 9 -27 -2006) Sec. 24 -307. Exterior design standards. (a) Building exteriors shall be subject to the following standards: (1) Classes of materials. For the purpose of this subsection, materials shall be divided into class I, class II, class III and class IV categories as follows: Class I a. Brick. b. Natural stone. c. Glass. d. Copper panels. Class II a. Specialty concrete block such as textured, burnished block or rock faced block. b. Architecturally precast textured concrete panels. c. Masonry stucco. d. Ceramic. Class III a. Exterior insulation and finish system (EIFS). b. Opaque panels. c. Ornamental metal. d. Fiber - cement exterior siding. Class IV a. Smooth concrete block. b. Smooth scored concrete block. c. Smooth concrete tip up panels. d. Glass block. e. Wood. (2) Buildings shall incorporate classes of materials in the following manner: a. Office, church, school, and commercial buildings must use at least three class I materials and must be composed of at least 65 percent class I materials; not more than 35 percent class 11 or class III material and not more than ten percent class IV materials. b. Industrial and warehouse buildings must use at least two different class I or II materials and be composed of at least 65 percent class I or class II; not more than 35 percent of class III or class IV materials. Not more than ten percent of the building shall be class IV materials. c. Any nonresidential structure adjacent to an interstate highway, or any multi - tenant office /warehouse or showroom/warehouse or other combinations shall be 65 percent class I materials on primary exteriors. Exterior was p p Y exposure may 11 with limited public ex use combinations of class II III or IV materials. d. Buildings in nonresidential zoning districts that are not office, commercial, industrial or warehouse uses shall conform to the exterior finish materials and proportions of office or commercial buildings unless otherwise approved by the city council as meeting the purpose of this division. e. The use of class 11, III or N materials shall be distributed throughout the exterior of a building unless the city agrees that materials consolidated on more visible locations provides the most positive architectural appeal to the general public. f. Expansions of less than 50 percent of the floor area of the existing building may use the same or superior materials as the existing structure. g. A distinctively different color of brick may be considered as a second class I material. However, minor blended color variations shall not be considered as a separate material. h. To be counted as a primary material, the product must comprise at least five percent of the exterior wall. (3) Buildings may be constructed primarily of one specific class I material provided the design is obviously superior to the general intent of this division, provides variation in detailing, footprint of the structure or deviations in long wall sections to provide visual interest. (4) Garage doors, window trim, flashing accent items and the like, shall not constitute required materials that make up the exterior of a building. (5) As viewed from ground levels from all locations, all mechanical equipment located on the roof or around the perimeter of a structure shall be hidden by a raised parapet or with materials comparable and compatible with exterior building materials. a. A raised parapet or other architectural feature that is an integral part(s) of the building may be required as screening for rooftop mechanical equipment or to soften rooftop views. If shown that rooftop units will be visible, an increased parapet height or additional screening shall be required so that the rooftop equipment is hidden from view. b. The back of parapets that are visible must be finished with materials and colors compatible with the front of the parapet. c. Screening for rooftop mechanical equipment shall incorporate similar architectural features of the building and/or be constructed of a material and color compatible with other elements of the building. d. Screening methods of incidental rooftop equipment deemed unnecessary to be hidden from view by the community development director or a designee shall be approved by the city. e. Metal cabinets used to enclose and protect rooftop mechanical equipment shall not substitute as screening. f. Wood, wood fencing, and other materials requiring maintenance or that may become unsightly, are not permitted. (6) Exposed roof materials shall be similar to, or an architectural equivalent of a 300 pound or better asphalt or fiberglass shingle, wooden shingle, standing seam metal roof or better. (7) Garish or bright accent colors (i.e. orange, bright yellow, or fluorescent colors) for such buildings such as cloth or metal awnings, trim, banding, walls, entries or any portion of the building shall be minimized, but in no case shall such coloring exceed five percent of each wall area. (8) Brick shall mean the conventional molded rectangular block of baked clay, nominal four -inch width. Thin brick veneer, faux brick, or decorative brick shall not be permitted as a building material for nonresidential structures. (9) Brick or stone exteriors shall not be painted during the life of the exterior materials. (10) Equipment used for mechanical, processing, bulk storage tanks, or equipment used for suppressing noise, odors and the like that protrudes from a side of a building or is located on the ground adjacent to a building shall be hidden from public view with materials and designs matching those used for the 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 May 12, 2011 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tern Kuykendall at 7:05 p.m. ROLL CALL Commissioners Kara Kuykendall, Rachel Morey, Carlos Morgan, Michael Parks and Stephen Schonning were present. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development, Gary Eitel. Chair Sean Rahn and Commissioner Stan Leino were absent and excused. APPROVAL OF MINUTES — APRIL 28, 2011 There was a motion by Commissioner Schonning, seconded by Commissioner Morey to approve the minutes of the April 28, 2011 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Pro Tern Kuykendall 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. 2011 -010 — JEFF KAUERZ FOR AUTOZONE Chair Pro Tern Kuykendall introduced Application No. 2011 -010, a request byJeff Kauerz for AutoZone to consider a proposed Preliminary Plat approval of a new plat titled "Rainbow's Garden City Second Addition" for the property located at the northeast corner of Brooklyn Boulevard and 63` Avenue North (6300 Brooklyn Boulevard). Mr. Benetti presented the staff report and explained that two new lots will be created from this replatting. The existing Walgreen's will remain separate from this plat and once completed, Mr. Kauerz will be able to purchase the newly created lot and complete renovations for a new AutoZone retail auto parts store. PUBLIC HEARING — APPLICATION NO. 2011 -010 There was a motion by Commissioner Morey, seconded by Commissioner Schonning to open the public hearing on Application No. 2011 -010, at7:15 p.m. The motion passed unanimously. Chair Pro Tern Kuykendall called for comments from the public. 5 -12 -11 Page 1 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -010. CLOSE PUBLIC HEARING There was a motion by Commissioner Morey seconded by Commissioner Schonning to close the public hearing on Application No. 2011 -010, at 7:16 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011-08 There was a motion by Commissioner Morey, seconded by Commissioner Parks to adopt Planning Commission Resolution No. 2011 -08 recommending Preliminary Plat approval of Rainbow's Garden City Second Addition. Voting in favor: Chair Pro Tern Kuykendall, Commissioners Morey, Morgan, Parks, and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -08 is made part of these minutes by attachment. The Council will consider the application at its May 23, 2011 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. APPLICATION NO. 2011 -011— JEFF KAUERZ FOR AUTOZONE Chair Pro Tern Kuykendall introduced Application No. 2011 -011, a request from Jeff Kauerz for AutoZone for a Planned Unit Development/Rezoning for the property located at the northeast corner of Brooklyn Boulevard and 63` Avenue North (6300 Brooklyn Boulevard). Mr. Benetti presented the staff report describing the location of the property and the proposal. He explained that the portion of this property subject to the rezoning is shaped by approval or acceptance of the Rainbows Garden City Second Addition plat, which is being considered under separate application and approval by the Planning Commission. Mr. Benetti further explained that the primary purpose of this rezoning is to provide the needed flexibility in securing adjacent parking areas from the MaxSun property which will allow for access easement and driveway rights between properties owners. It also provides a zero line setback between parking facilities. PUBLIC HEARING — APPLICATION NO. 2011 -011 There was a motion by Commissioner Morey, seconded by Commissioner Parks to open the public hearing on Application No. 2011 -011 at 7:30 p.m. The motion passed unanimously. Chair Pro Tern Kuykendall called for comments from the public. 5 -12 -11 Page 2 No other persons from the public appeared before the Commission during the public hearing on Application No. 2011 -011. CLOSE PUBLIC HEARING There was a motion by Commissioner Morey seconded by Commissioner Parks to close the public hearing on Application No. 2011 -011 at 7:32 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Morey asked about the sale situation of the lot between AutoZone and the MaxSun owners, and how does this affect their overall parking situations. Mr. Benetti explained the replatting and the rezoning will facilitate the completion of an individual lot sale between both parties. He added that separate agreements will be made between both parties to share in the parking. i Commissioner Parks requested further clarification of the parking and access easement arrangements. Benetti explained these parking spaces are allocated or agreed upon between the owners of MaxSun retail, or BCK Enterprises, LLC, and AutoZone. The City wants to ensure that all stores or buildings on this site have adequate parking needs met, plus legal access to all portions of the parking lot for all customers. Commissioner Parks also requested information on snow removal. Benetti stated again the on- site maintenance, such as snow removal, cleaning and mowing are handled by and between the property owners. How they handle that arrangement is a private matter, but the City still retains an interest in ensuring that parking areas are cleared and boulevards are mowed or maintained At this point, the City does not have an concerns or unresolved property properly. p Y Y p p Y maintenance issues claimed on this property. The Commissioners indicated no further objections to moving this application on to consideration of approval. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2011-09 There was a motion by Commissioner Parks, seconded by Commissioner Morgan to recommend to the City Council that it approve Planning Commission Resolution No. 2011 -09 regarding the recommended disposition of Planning Commission Application No. 2011 -011, submitted by Jeff Kauerz for AutoZone, Inc. Voting in favor: Chair Pro Tern Kuykendall, and Commissioners Morey, Morgan, Parks, and Schonning And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Planning Commission Resolution 2011 -09 is made part of these minutes by attachment. 5 -12 -11 Page 3 The Council will consider the application at its May 23, 2011 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. APPLICATION NO. 2011-012 — MIKE LAMBERT FOR ALLIED BUILDINGS Chair Pro Tern Kuykendall introduced Application No. 2011 -012, a request from Mike Lambert for Allied Buildings to consider Site and Building Approval of a new 76 ft. X 175 ft. (13,300 sq. ft.) cold storage building in the 1 -2 (General Industry) zoning district, located at 4810 Lilac Drive. Mr. Benetti presented the staff report and explained that the proposed new building would be used for the storage of raw and finished building products typically provided for or sold (wholesale) to Allied customers. He further explained that the new 13,300 sq. ft. building would be consistent with that style as a fully enclosed, machine shed style of structure and the architecture is very plain and simple. Benetti further explained the on -site parking arrangement along the front (westerly) edge of the site, along with the internal parking areas for employees, customer's trucks and commercial trucks for deliveries. Benetti also explained that in the process of researching this site and reviewing former planning department files kept on this site, an ALTA survey from 1995 on the site was discovered, which revealed a 17 -foot wide railroad maintenance easement area (spur track easement) that ties off the existing Soo Line (now Canadian Pacific) railroad right of way to the north. This existing and recorded easement would affect the placement of the new building. Mr. Benetti provided an illustration of the area in question. He further stated in a conversation with the City Attorney, he recommended the owners get this easement released from the railroad, or move the building as needed. Mr. Benetti stated he would be willing to work with Mr. Lambert and Allied on resolving this issue as necessary. Mr. Benetti asked for questions or comments from the Commissioners. Commissioner Morgan asked how long the building would take to put up. Mr. Benetti stated approximately one to two weeks. Seeing or hearing no other comments, Chair Pro Tern Kuykendall asked if the applicant was available to add anything to the discussion. Mr. Lambert was present, but did not wish to add anything to the presentation. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2011 -012 — MIKE LAMBERT (ALLIED BUILDING) There was a motion by Commissioner Parks seconded by Commissioner Schonning to recommend to the City Council that it approve Application No. 2011 -012, submitted by Mike Lambert (Allied Building), for Site and Building plan approval for a new 76 ft. X 175 ft. (13,300 sq. ft.) cold storage building in the 1 -2 (General Industry) Zoning District located at 4810 Lilac Drive, subject to the following considerations: 5 -12 -11 Page 4 1. The building plans are subject to review and approval by the Building Official and Fire Chief with respect to applicable codes prior to the issuance of permits. If required by the Building Official, the new building's automatic fire suppression systems shall meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 2. An existing signed survey should be submitted showing the proposed building and exact distances from lot lines. 3. No permanent structure shall be constructed over any existing easements. The status of the railroad spur easement may need to be determined later by the City Attorney. 4. The plan should show grading limits, pavement removals and restoration. 5. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. An erosion control plan must be submitted with the construction plans. All erosion control items must be installed before construction begins. 6. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to issuance of any final certificate of occupancy. Voting in favor: Chair Pro Tern Kuykendall, Commissioners Morey, Morgan, Parks, and Schonning. And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. The Council will consider the application at its May 23, 2011 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. FINAL PLAT REVIEW OF SHINGLE CREEK CROSSING Director of Business & Development Gary Eitel presented this item. Mr. Eitel explained that the City Ordinance does not specifically state that the Planning Commission review or consider final plat items however, it is a discretionary right or process if the Planning Commission wishes to do so. In this case, since the preliminary plat was recently approved at the April 28, 2011 regular meeting under a public hearing process, this draft final plat is simply back for the Commissioners added review or comments if needed. The Commissioners elected to provide no further comments on the final plat at this time. No official recommendation was provided or offered by the Commissioners. DISCUSSION ITEMS — There were none OTHER BUSINESS: There was no other business. 5 -12 -11 Page 5 ADJOURNMENT There was a motion by Commissioner Morey seconded by Commissioner Schonning to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:20 p.m. Chair Recorded and transcribed by: Tim Benetti, Planning Commission Secretary 5 -12 -11 Page 6