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HomeMy WebLinkAbout2002 01-31 PCP A6 PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER JANUARY 31, 2002 STUDY SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 2001 Planning Commission 3. Approval of Minutes - November 14, 2001 4. 'Adjourn 2001 Planning Commission 5. Administer Oath of Office: Stephen Erdmann, Rex Newman, John Whitehead 6. Call to Order: 2002 Planning Commission 7. Roll Call 2002 Planning Commission 8. Election of 2002 Chair 9. Election of 2002 Chair Pro Tern S 10. 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. 11. Speedway SuperAmerica, LLC 2002 -001 Request for Rezoning from C2 (Commerce) and RI (One Family Residence) to PUD /C2 (Planned Unit Development/Commerce) and Site and Building Plan approval through the PUD process for the redevelopment of the SuperAmerica convenience store /gas station at the Southwest corner of 57 and Logan Avenues North. 12. Marathon Ashlund Petroleum 2002 -002 Request for Preliminary Plat approval to divide and combine three parcels totaling 79,496 sq. ft. (1.825 Acres) into two lots at the Southwest corner of 57 and Logan Avenues North. 13. Other Business 14. Adjournment Application Filed on 1 -03 -02 • Ci ty Council Action Should Be Taken B 3 -04 -02 60 Days) s ( Y) Planning Commission Information Sheet Application No. 2002 -001 Applicant: Speedway SuperAmerica, LLC Location: Southwest Corner of 57th and Logan Avenues North Request: Rezoning/Site and Building Plan - PUD /C -2 The applicant, Speedway SuperAmerica, LLC, is seeking rezoning and site and building plan approval through the Planned Unit Development (PUD) process for the redevelopment of the existing SuperAmerica site to include the adjacent property to the immediate west and south of the site. The property in question is zoned C -2 (Commerce) and R -1 (One Family Residence) and is located at the southwest corner of 57th Avenue North and Logan Avenue North. It includes the existing SuperAmerica site (19015 7th Avenue North), a portion of the Milavetz law firm property (1915 57th Avenue North) and the residential property at 5649 Logan Avenue North. Companion Application No. 2002 -002 consists of a preliminary plat that will divide and combine the effected parcels to create a new lot for the SuperAmerica proposal. • The property in question is bounded on the north by 57th Avenue (a County Road) with commercially zoned property on the opposite side of the street; on the east by Logan Avenue North with R -1 zoned property on the opposite side of the street; on the south by single family homes located on R -1 zoned property; and on the west by commercially zoned property (C -2). The applicant's plan is to demolish the exiting SuperAmerica convenience store /gasoline station/canopy and the house and garage at 5649 Logan Avenue and then build a new, approximately 3,900 sq. ft. convenience store with six new pumping dispensers and a new canopy. The store would be located to the west and south of its present location. The applicant is seeking the PUD /C -2 rezoning to accommodate the above mentioned commercial redevelopment. The C -2 (Commerce) underlying zoning designation is being sought because it acknowledges the proposed use as special uses in that zoning district. The applicants are seeking modifications to the C -2 requirements to allow: a gas station to abut R -1 zoned property; a slight encroachment on a 35 ft. buffer area; a less than 15 ft. green strip along the 57th Avenue North right of way; and to also allow signs on the canopy at the proposed site as a second freestanding sign. These modifications are proposed to make a more efficiently utilized site and they believe will be offset by various planned considerations and aspects of the development plan that will mitigate these modifications. The land in question is acknowledged in the City's zoning ordinance and, to a lesser extent, in the Comprehensive Plan as being for commercial retail uses. . 1 -31 -02 Page 1 As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case C -2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing redevelopment problems and issues. Regulations governing uses and structures may be modified by conditions ultimately imposed by ' the City Council on the development plans. As mentioned, in this case the applicant is seeking modifications to allow this gas station to abut R -1 zoned property; a slight encroachment into a 35 ft. buffer strip required where R -1 and C -2 property abut; a 10 ft. rather than 15 ft. green strip along the 57th Avenue North right of way; and to be allowed to have identification signs on the canopy as a second freestanding sign. Their rationale for seeking these modifications has to do with providing a more efficient use of the property which, as they point out in their submission, is to move the building and activity areas away from the existing single family residential uses to the east and south. They propose large buffer areas, landscape and 8 ft. high opaque screening walls where the property would abut with single family residential property. They point out that they, believe that the additional site area and new building will allow them to better and more completely serve the neighbors and the community by increasing the variety and type of products in their stores and the number and design of fueling points. They also believe their proposal will be more compatible with the immediate neighbors by allowing them to relocate the east edge of their store 100 ft. and their canopy and fuel dispensers 60 ft. from Logan Avenue. They also note that they believe the , activity on the site will be significantly relocated to the west, much deeper into the commercial district, which is located along 57th Avenue and farther away from the residences on Logan. Their plan, they indicate, will provide significant area adjacent to the side yards of the neighboring homes on Logan and the back yards of two neighbors on Brookview Drive. They point out that this area will be landscaped and fenced to optimize the effectiveness of the buffer area. They state that they believe that the store will comply with all current city performance standards and will also incorporate techniques to calm the design and operation of the store. The less than 15 ft. green strip proposal along 57th Avenue North is consistent with other city approvals that have allowed such a green strip along a major thoroughfare where decorative screen walls or other screening devices have been used. This was done at Brookdale in a couple locations along Xerxes Avenue and County Road 10. Also a gas station was approved at the northwest corner of 69th and Brooklyn Boulevard; although it never was built, with less than a 15 ft. green strip. This was offset by a 3 1/2 ft. high decorative wall. The applicant's proposal has a combined masonry and wrought iron screen wall along 57th Avenue North, which is proposed to offset the lessened green strip. They also propose 8 ft. high opaque screening adjacent to the R -1 zoned properties to the south based on discussions and negotiations they have had with those neighbors providing them with an acceptable type of screening device. The Planning Commission's attention is directed to Section 35 -355 of the city's zoning ordinance, which addresses Planned Unit Developments (attached). 1 -31 -02 • Page 2 S BACKGROUND The site of the SuperAmerica station at 57th and Logan Avenues North plays deeply into the zoning history of the City of Brooklyn Center. SuperAmerica in the mid 1960's proposed to rezone its current site from R -1 to C -2 and to build the convenience store /gas station complex that is currently there. The City, following public hearings, review of the matter and much discussion and deliberation originally refused to approve the, SuperAmerica development primarily because they believed it was an in appropriate mix of uses, that the site was too small, that parking was insufficient and site circulation was difficult at best. SuperAmerica sued the City and following a lengthy court battle, won a decision that they should be allowed to utilize the land in question in the manner they proposed. Even during the plan review process, the City objected to many aspects of the SuperAmerica plan. They were, however, implemented over the objections of the City and the development proceeded. The City in the meantime amended its zoning regulations in a number of ways and established Section 35 -414 of the City Ordinances regarding special requirements for gasoline service stations. In many respects, the SuperAmerica station that was being developed in 1968 did not meet these standards set out for gasoline station development in Brooklyn Center. The ordinance required a minimum 20,000 sq. ft. site located on a major thoroughfare; required parking on the basis of both the gasoline service station formula and the retail parking formula; and, among other things, prohibited gasoline stations from abutting R -1, R -2 or R -3 zoned property either at a property line or a street line. These regulations went into effect in 1968 and, for all practical purposes, established the SuperAmerica as a non - conforming use, which could not expand, be enlarged, be altered or if destroyed by more than 50 percent, could not be reestablished. The existing SuperAmerica station, I believe, shows that the City was correct in its judgment that the site was too small, there is insufficient parking, and circulation on the site is not good. The policy of the City for almost 35 years has been that the SuperAmerica in this location will be tolerated but not expanded. The applicants are coming forward with a plan that they believe will be beneficial not only to them but to the city as well. The question is whether or not this is in the best interest of the community and whether or not a modified plan is appropriate and should be pursued. The PUD process is a vehicle established which can appropriately handle this type of development request by the applicants. The key is the determination of whether or not this is indeed in the best interests of the community. The staff's comments to the applicant when they first proposed these new modifications was that if an acceptable development proposal can be put forward, it is possible to rezone the property and take the SuperAmerica property out of its non - conforming situation it is in. RF.70NTNC'T The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35 -210 of the Zoning Ordinance as well as being consistent with the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208. The • 1 -31 -02 Page 3 policy and review guidelines are attached for the Commission's review. The applicant has submitted a written project narrative describing their proposal along with a written statement in response to the Rezoning Evaluation Policy and Review Guidelines. Both of these written submission are attached for the Commission's review. The written project narrative explains ' their proposed development and highlights the site and building plans submitted with the application. This PUD combines the various parcels previously mentioned through a preliminary plat, which is the subject of companion Application No. 2002 -002. The site of the proposed SuperAmerica redevelopment is 1.139 acres. The concept that they are using for the layout of this site positions the building as far to the west as is possible with the activity areas on the north I side of the building (57th Avenue North side) and establishes a.large buffer or landscape yard between the site and the residences to the south. As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the Zoning Ordinance. The policy states that zoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning ", which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principles. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the zoning ordinance, as we believe they relate to the applicant's comments and their proposal. A. Is there a clear and public need or benefit? The applicant indicates that they believe their proposal will allow them to not only serve the neighbors in the community better but also more compatibly. They point out that the additional site area, its extension to the west and more importantly the increased depth from 57th Avenue will allow them to better and more completely serve the neighbors in the community by increasing the variety and type of products in their store and the number and design of their fueling points. They also believe that the proposed plan will be more compatible with the immediate neighbors in three ways. First, the additional site area to the west will allow them to relocate the east edge of the store 100 ft. and the canopy for the fuel dispensers 60 ft. farther from Logan Avenue. Activity on the site, they note, will significantly be relocated to the west, deeper into the commercial district along 57th Avenue and farther from the residences on Logan. Second, their proposed plan, they believe, provides a significant area adjacent to the side yard and garage of the neighboring home on Logan, and the back yards of the two neighbors on Brookview Drive. These areas, they state, will be landscaped and fenced to optimize the effectiveness of this buffer area. Third, they believe the new store will comply with current city performance standards will incorporate techniques to calm the design and the operation of the store which will be recorded and enforced through this PUD process. 1 -31 -02 • Page 4 It is the staff s opinion that this redevelopment can be seen as meeting a clear and public need or benefit if it is consistent with the development criteria established by the City and if indeed it balances the business needs of the community and the residential needs of adjoining properties as well. It is not anticipated that their proposal will be a detriment, but, on the other hand, it should be a positive factor in providing benefits that positively affect the community as well as the applicant. B. Is the proposed zoning consistent and compatible with the surrounding land use clasifications? The applicant notes that the commercial development and the use on the south side of 57th Avenue has historically provided the transition between the commercial uses recognized in the Comprehensive Plan and the Zoning Ordinance along both sides of 57th and the surrounding residential districts. Allowing the new investment proposed in this development plan by SuperAmerica will not be an exception to the planned, permitted, historic and expected pattern of use along 57th Avenue and will expand and reinforce the usefulness of this established commercial district for its neighbors and the city. The staff would concur with the comments made. We believe, as will be shown later in the site plan review, that this proposed commercial development and gasoline station can be considered consistent and compatible with the surrounding land use classifications given the development considerations being proposed such as a buffer area, adequate, acceptable screening, the fact that the rear of the building will not be used as an activity area with limited lighting and comments that the applicant has made regarding noise mitigation with respect to required speakers at pumps under the canopy. C. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? The applicant notes that the requested PUD designation will limit the potential use of this property to solely the use approved in the development plan while allowing the protection and buffering of abutting residential properties provided by the development and the detail of residential transition zone. They note that the development of this zone in the westward relocation of the fuel dispensers and store in the activity zone, will substitute for the citywide zoning provision that would not permit the proposed redevelopment abutting residential properties located along Logan and Brookview Drive. It will also permit approval of specific features of the development plan that are accustomed to the conditions surrounding this site. We would concur with the applicant's comments. Although the zoning ordinance discourages gasoline stations from abutting residentially.zoned property, we have, 1 -31 -02 Page 5 through various studies over the past eight to ten years changed somewhat this • idea in that it is believed that gas stations can be appropriately screened and buffered from abutting residential properties given some extraordinary screening, landscaping and buffering devices. As the development plan will show, we believe the measures taken are appropriate and compatibility can be achieved between these two potentially conflicting land uses. D. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? The applicant notes that since the construction of this store, the City has adopted regulations that would not allow anew store to be adjacent to a residential use at this location. The requested zoning change to PUD is the most direct and careful approach to allow the benefits of the new store in the expanded site and provide protection for the adjoining properties. The staff would comment by acknowledging the past history, which required the SuperAmerica station to be built over the objection of the City. ' We believe the City was correct in its analysis back in the late 1960's that indicated that the site was too small, lacked parking and created congestion on the site and adjoining streets. The use of the site, however, as a convenience store has proven beneficial to the immediate and surrounding neighborhoods. There are no other such facilities serving the southeast portion of Brooklyn Center and parts of north Minneapolis as well. It can be said that the gas station/convenience store does serve a basic need of the community. It is from this perspective that we believe modifications to the site to make it a better operation is an appropriate goal. The adoption of the Planned Unit Development ordinance a number of years ago gives the City the flexibility to deal with development issues and to provide modifications to its ordinance based on acceptable development plans that mitigate or make situations compatible. We believe this to be the case in this specific situation. E. In the case of city initiated rezoning proposals, is there a broad public purpose evident? This evaluation criteria is not applicable in this case because it is not a city initiated zoning proposal, but rather a developer initiated proposal. F. Will the subject project bare fully the ordinance development restrictions for the proposed zoning district? The applicant notes that the PUD will allow the protection and buffering of abutting residential properties provided by the development and the detail of a residential transition zone, and the westward relocation of the fuel dispensers and 1 -31 -02 Page 6 store in the activity zone, to substitute for the citywide zoning provision that would not permit a proposed redevelopment of abutting residential properties located on Logan and on Brookview Drive. They go on to site as outlined in their written submittal noting the establishment of a residential transition zone with no exterior activity extending 75 to 85 feet from the shared property line; a lighting plan that restricts almost all ambient light of more than one foot candle to the activity zone; a noise mitigation plan that includes relocation of activity on the site away from Logan and the use of fuel dispensers mounted with fueling point specific microphones and speakers for required communication; a circulation plan that relocates the driveways farther away from the intersection of 57th and Logan; a more than doubling of the area of the store expanding product mix and depth of the store; a plan for plantings along Logan that reinforces the residential edge and introduces architectural fence features as well as expanded yard to define and reinforce 57th Avenue edge; and an architectural metal and masonry fence to offset the 10 ft. rather than 15 ft. landscaped area on 57th Avenue. The staff generally believes that the subject property will bear the ordinance development restrictions for this Planned Unit Development even with the deviations from the standard ordinance requirements mentioned. We believe providing a good buffer and redevelopment in this area offsets these modifications. The screening and buffering provided, we believe, is very appropriate, the lack of lighting and activity to the rear of the building should be • of benefit to the neighboring properties and the individualized communication devices mounted at the fuel dispensing stations should eliminate or reduce the amount of noise on the site from required communication devices. All in all we believe the proposals made by the applicant are appropriate. G. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The applicant indicates that the designation of this site as a PUD will allow the replacement of the present non - conforming store within an expanded store on an expanded site which could not occur under the present zoning provisions. The staff would concur with the comments made by the applicant. The expanded site makes for a more efficient use by SuperAmerica. We do not believe that the City's current policy with respect to the SuperAmerica site of not allowing expansion should be continued. An appropriate redevelopment, such as being proposed, should go forward. H. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of Developable Land in the Proposed Zoning District, or; 3. The Best Interest of the Community? • 1 -31 -02 Page 7 The staff would comment that the proposed zoning can be considered consistent with the City's Comprehensive Plan for this area. We are not proposing to change the commercial nature of this or surrounding properties. We also believe that the proposed development can be considered to be in the best interest of the community if it is developed in the manner that is being proposed. This appears to be a good balance between the commercial needs and the residential needs of the community. I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The applicant notes that each element of their development plan is designed to reduce the impact of their store operations on the neighborhood while providing a state of the art facility for the best possible shopping and service experience for their customers. Again, the staff would concur with the developers comments and note that the proposal does appear to have merit beyond just the particular interests of the developer and will lead to a redevelopment that we believe is consistent and compatible with the surrounding land uses. This proposal appears to provide a good development, consistent with the City's Comprehensive Plan and the general interest of the community. STTF. AND RTMUNG PLAN PROP09AT. The proposal calls for an approximate 3,900 sq. ft. convenience store /gas station with six gasoline dispensers under a canopy area at 1901 57th Avenue North. AC".0 ES. PARKTNC�T Access to this site will.be provided from two driveway locations, one along Logan Avenue and the other on 57th Avenue North. The Logan Avenue entrance will be shifted to the south of its present location to better align with the proposed layout for the site. The 57th Avenue entrance will be shifted to the west with the existing access from 57th being closed. 57th Avenue North is a county road and a driveway permit from the County will be required, however, it is not anticipated that there will be objection from the County. As mentioned previously, the old SuperAmerica store and dispensing areas will be demolished with new ones being rebuilt. Existing underground tanks will be removed and new tanks will be provided on the westerly side of the site. Six dispensing stations will be located under a new canopy. Circulation through the site will be either from the access on 57th through to Logan or vice versa, from Logan to 57th. Parking for this approximate 3,969 sq. ft. building is 22 spaces based on a parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area. The applicant's plan shows 21 parking spaces in front of the building and has the capability of providing at least six more pump island parking 1 -31 -02 Page 8 spaces. Practically speaking, 12 spaces will probably be utilized at the pump islands. Adequate drive lanes serving the pump island areas and parking spaces are provided on the site. A trash container is located to the west of the building and the area in front of the trash container will be used for the parking of delivery vehicles and access for a garbage truck. CTR AMNC'T/ I lR ATNACTR/i TTTI TURS The applicant has provided a grading, drainage and utility plan, which is being reviewed by the City Engineer. It should be noted that an erosion control plan has also been submitted and appears to be appropriate. All storm drainage will be collected in catch basins and conveyed underground to storm sewer in 57th Avenue North. Water and sewer connections will be tied into water and sewer lines in Logan Avenue North. The City Engineer will be reviewing these plans and making comments, which we will pass along to the Commission as we receive them. The site is under five acres in area and no Shingle Creek Watershed Management Commission review is required. T.ANDSC'.APTNCT The applicant has submitted a landscape plan in response to the landscape point system utilized by the Commission to evaluate such plans. This 1.139 acre site requires 91.12 points. The applicant proposes to exceed this minimum point requirement by providing 260 landscape points. They provide a variety of plantings including Norway Maple, Red Maple, Seedless Green Ash, t Pin Oak, as well as shrubs such as Pyramidal Arborvitae and Vibernum. On the landscape plan they have shown visibility triangles where plantings and other obstructions will not create site line problems. The landscape plan also shows the various screening devices that will be utilized to screen abutting residential property. Along the south property line, the applicants are proposing to provide a board on board 8 ft. high opaque fence adjacent to the property at 5639 Logan Avenue North. An 8 ft. high cedar decorative stockade screening fence will be provided between this site and the properties at 1918 Brookview Drive and 2000 Brookview Drive. An 8 ft. high board on board fence will be placed between the SuperAmerica site and the Milavetz law firm to the west. These screening devices have been agreed upon by adjoining property owners in discussions with representatives from SuperAmerica and, it is our understanding, that they are acceptable screening devices. The applicant, in lieu of providing a 15 ft. green strip along 57th Avenue North, is proposing a decorative masonry and aluminum fence. Block and concrete masonry piers approximately 30 ft. apart with aluminum bars in between will be provided. This appears to be a nicely done fence and should provide appropriate screening consistent with other approvals where the City has allowed less than 15 ft. green strips. Underground irrigation will be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances. • 1 -31 -02 Page 9 RT TfT.T)TNCT The applicant-has submitted building plans for the new proposed building. Building exteriors will be a split face single score architectural concrete block on the lower portion of the building with a smooth face single score architectural concrete block around the upper level. Colors are a light gray and white. The building will have a black shingled, hip style roof with screening on the back or rear side for roof top equipment. Display windows are located along the north and a portion of the east walls. Wall signs are proposed that are within the limits allowed under the City's sign ordinance. The canopy over the pump dispensers will not be illuminated and will contain gray, white and red stripes. The applicant has proposed to be allowed to have the SuperAmerica logo and SuperAmerica identification signs on the east, north and west faces of the canopy. They request that they be allowed to have these signs on the canopy in recognition of the fact that they are putting up less than what they are allowed to put up for wall signery on the site. It has been explained that canopy signs are considered to be a form of freestanding sign unless they can meet the criteria laid out in the sign ordinance for wall signs. The signs do not meet that criteria and, under the sign ordinance, are only allowed in lieu of permitted freestanding signery. The staff believes there is appropriate signery without the canopy signs and the applicants are not willing to have canopy signs in lieu of their freestanding signery. We believe it would be a bad precedent to allow SuperAmerica signs on the canopy as they would be the only gasoline station in Brooklyn Center allowed such consideration. Furthermore, the reduced amount of wall signs does not, in our opinion, justify the canopy signs. There appears to be enough necessary signery , without canopy signs. We, therefore, do not recommend that this aspect of their proposal be acknowledged as an approved part of their Planned Unit Development. T .TCTHTTNCT ANT) TR A SH The applicant has submitted a lighting plan indicating the proposed lighting for the site. They intend to use four perimeter pole fixtures, one at each driveway, one at the edge of the parking area east of the store and one above the underground tanks on the west edge of the site. Also, there will be lighting under the canopy above the fuel dispensers. They note that the light intensity drops to less than one foot candle at the property line and, with the exception of the area immediately at the base of the pole fixture illuminating the parking area, it is below one foot candle in all residential transition zones. All fixtures will be shielded and directed on the site to avoid glare to abutting properties. It should be noted that the lights in the canopy will be flush with the canopy, which we understand is a new design for SuperAmerica. No lighting will exist between the building and the residential property to the south other than a light over the exit on the back of the building, which would be activated only when the exit is used. The plan indicates a trash enclosure area to be west of and adjacent to the building. The screening device will be a masonry structure to match the existing building. Gates for the device should be solid opaque material and not chain link with plastic slats. 1 -31 -02 • Page 10 . PROCEDURE EDURE Normally rezoning applications that are considered by the Planning Commission are referred to the respective Neighborhood Advisory Group, in this case the Southeast Neighborhood Advisory Group. State Statutes require the City to respond to zoning applications within a 60 day time frame from the date a properly submitted application has been filed with the City. This application was filed on January 3, 2002. Due to zoning requirements for notice and publication, this. application needs to be submitted approximately four weeks prior to the Planning Commission's public hearing. The clock, however, begins on the date the application is accepted. Therefore, the zoning decision must be made by the City Council no later than March 4, 2002. Almost 30 days of the required 60 day time frame will have expired before the Planning Commission's public hearing is even held. This requirement makes it difficult for the City to hold the Neighborhood Advisory Group meetings we normally have. The Planning Commission has instituted a new procedure because it still wishes to receive Neighborhood Advisory Group input with respect to these rezoning applications. We have invited the Southeast Neighborhood Advisory Group members to the meeting and are encouraging their comments and participation at this evening's meeting. A staff report will be delivered to the Neighborhood Advisory Group members at the same time that it is delivered the Planning Commission members. Hopefully, they will have an opportunity to review the matter and to make comment to the Commission at Thursday evening's meeting. It should be noted that representatives of SuperAmerica met with neighboring property owners and members of the Neighborhood Advisory Group at a meeting that was held at the Earle Brown Elementary School on December 11, 2001. The applicants have indicated that they have talked with approximately 15 neighbors and are attempting to address any issues that were raised. It was their sense that the effected neighbors tended to support their proposal as being more compatible with the neighborhood than the existing facility. A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post and notices have also been sent to neighboring property owners. The Planning Commission, following the public hearing, should consider a draft resolution, which has been prepared in anticipation of a favorable reaction to this proposal. The resolution is offered for the Planning Commission's consideration. I � • 1 -31 -02 Page 11 ii ii ■� 3 , _ _■ __ �y , -� - ■ mm m _I_ or?- t3■ rlw_ • • __ __ __ ■■ lrJ� p mm m Nibs _ ■___w __■ ■ F.� ME 0 1 ZV mm mm mm MERME on 'tom � �i �� ■� � �� _li ■ ■ _� �� � � _ :� , `b F ♦ ♦ e��� ������ -- -- -- oil ■ - 1� �- Fitt mm mm KmI mmm mm m mm m UL �_ _____ ■� _a X11— ■„ ■ ■ ■B �� r_ _� _ __ _ um _ an I I i i N Y r 4 a c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the _following: 1. Off -street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center.Sign Ordinance. Section 35 -355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land . development and redevelopment, preserve aesthetically significant and environmentally sensitive site, features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable - Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters TUD" followed by • the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications. for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD- 14D ED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD- MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. 35-45 a {? c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD -NMD, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. ` a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or • 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35-400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. 35-46 Subdivision 4. General Standards. N f a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. Subdivision 5. Application and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 1 . 35-47 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and ' 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall Mold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 3 5-2 10 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35 -210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. Approval of the development plan shall constitute rezoning of the property t PUD and conceptual approval of the elements of the plan. In addition to the guideLin� provided in Section 35 -208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its, approval as- it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the _ approved development plan. 35-48 1 M1 ' The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location 'as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open.space'has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e. Prior to construction on any site zoned PUD, the ..developer shall execute a development agreement in a form satisfactory,to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35 -230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with. the approved plans. h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 35-49 City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is, enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City - initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses pkmitted*in the, present zoning district, with . respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an i individual parcel? Section 35 -208 Revised 3 -01 12 —S I —2001 4 : 21 PM FROM M CRON I N 952 941 2645 P.2 SPEEDWAY SUPERAMERICA 190157TH AVENUE NORTH CONSISTENCY WITH REZONING GUIDELINES A. Is there a clear need and public benefit? The approval of the rezoning will allow us to not only serve our neighbors and the community better, but also more compatibly. The additional dte area, its extension to the west, and importantly the increased depth from 57th Avenue, will allow us to better and more completely serve the neighbors and the community by inc reaging the variety and type of products in our store, and the number and design of our fueling paints. We also believe the proposed plan Will be more compatible with our immediate neighbors in three way %. First, the additional site area to our west will allow us to relocate the cast edge of the store 1(X) ft , and the canopy for the fuel dispensers 60 ft, farther from Logan Avenue. Our activity on the site will be significantly relocated to the west, deeper into the commercial district along 57th, and farther from the residences on Logan. Second, the proposed plan provides a significant -uea adjacent to the side yard and garage of our neighboring home on Logan, and the back yards of our two neighbors on Brook-view Drive. These areas will be landscaped and fenced to optimize the effectiveness of this buffer area. Third, the new store will comply with current City performance standards, and will incorporate techniques to calm the design and operation of the store which will be recorded and enforced through the PUD process. B. Is the zoning consistent with and compatible with surrounding land use classifications? The cx)mmercial development and use on the south side of 57th Avenue has historically provided the transition between the commercial uses recognized in the Comprehensive Plan and the zoning ordinance along bath sides of 57th, and the surrounding residential districts. Allowing the new investment proposed in the development plan by Speedway SuperAmerica will not be an exception to the planned, permitted, historical and expected pattern of use along 57th Avenue, and will expand and reinforce the usefulness of this established commercial district for its neighbors and the City. C. Can all the permitted uses in the zoning district be cxmtemplated for the subject property? The requested PUD designation will limit the potential use of this property to solely the use approved in the development plan, the proposed Speedway,SuperAmerica convenience stare, while allowing the protection and buffering of abutting residential properties provided by the development and the detail of a residential transition rune. The development of this - none, and the westward relocation of the fuel dispensers and %tcrre in the activity none, will substitute for the City wide zoning provision that would not permit the proposed redevelopment abutting residential properties located on Logan and on Brook Drive. It will also permit approval of specific features of the development plan that are custom to the conditions surrounding this site. D. Have there been substantial physical or zoning changes in the area since the subject property was zoned? Since the construction of this stone the City has adopted regulations that would non allow a new store adjacent to a residential use at this location. The requested zoning change to PUD is the most direct and careful approach to allow the benefits of the new store and the expanded site, and provide protection for the adjoining properties. E. Not applicable • F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? This PUD will allow the protection and buffering of abutting residential properties provided by the development and the detail of a msidential transition zone, and the westward 12 —;d1 -2001 4:21PM FROM M CRONIN 952 941 2645 P,3 Speedway SuppeerAmcrica 1907 Logan Avenue N. relocation of the fuel dispenser;; and stare in the activity gone, to substitute for the City wide zoning provision that would not pen-nit the proposed redevelopment abutting residential properties located on Logan and on Brex)kview Drive. It will also permit approval of i specific features of the development plan that are custom to the conditions sum)unding this j site, These design elements include, but are not limited to: a. E,etablishment of a residential transition zone with no exterior activity extending 75 u) 85 ft from the shared property line of the adjacent residences, buffered by a fence designed and located, and middle and overstory plantings specified, in conjunction with the affected adjacent homeowner. b. A lighting plan that restricts almost all ambient light of more than 1 ftc to the activityrane, assures that all fixtures will enclose each light source, and all lenscc, including the lenses for the under canopy lighting will be flat and flush with the fixture or canopy deck and will parallel with the ground directing all light absolutely downward. c. A noise mitigation plan that includes relocation of activity on the site away from Logan Avenue and the use of fuel dispenser mounted, fueling point specific microphones and speakers for required communication with customers under the canopy. d. A circulation plan that relocates the driveways farther away from the intersection of 57th and Logan, provides easier on site movement, additional parking, and a designated and useful loading zone. e. A more than doubling of the area of the store, expanding the product mix and depth offered at the store. f. A plan for plantings along Logan drat reinforces this residential edge and the introduction of an architectural fence feature as well as an expanded yard to define and reinforce the 57th Avenue edge of the site. g. An architectural metal fence with masonry piers in a 10 ft wide landscaped area along 57th Avenue. G: Is the subject property generally-unsuited for the uses permitted in the present zoning disc ict, with respect to size, configuration, topography or location? The designation of the site as a PUD will allow the replacement of the present nonconforming store with an expanded store on an expanded site, which could not occur under the present .coning provisions. See "A" above H. Will the re result in the expansion or a zoning district, warranted by: 1) Comprehensive planning; 2) Lack of developable land in the proposed 70ning district; or, 3) The best interests of the community? Conditions 1 and 3. See A and B above 1. Does the proposal demonstrate merit beyond the interests of an owner or owners of an • individual parcel? Each element of the development plan is designed to reduce the impact of the operations of our store on the nei hborho od while providing a state of the art facility for the best possible g P b y Iw shopping and service experience for our customeis. 12h1 /At ATTACHMENT TO THE APPLICATION OF SPEEDWAY SUPERAMERICA LLC • FOR APPROVALS NECESSARY TO RECONSTRUCT AND EXPAND THE PRESENT STORE LOCATED AT 1901 57TH AVENUE NORTH Speedway SuperAmerica has the opportunity to expand its present store site at 57th and Logan by the purchase of the adjacent home to our south and the adjacent vacant commercial property to our west. City approvals necessary to realize this opportunity are; rezoning the present site and the adjacent properties to "PUD ", approval of the development plan for that PUD, approval of the building plan to implement the approved development plan, and approval of the replating that will combine the three affected parcels into a single parcel. The proposed plan will increase the area of the present store site more than three times, from 14,221 sf to just over 51,000 sf. This larger site will permit us to construct a state of the art store of 3800 sf, more than double the 1716 sf size of the present store. This will allow us to not only serve our neighbors and the community better, but also more compatibly. The additional site area, its extension to the west, and importantly the increased depth from 57th Avenue, will allow us to better and more completely serve the neighbors and the community by increasing the variety and type of products in our store, and the number and design of our fueling points. We also believe the proposed plan will be more compatible with our immediate neighbors in three ways. First, the additional site area to our west will allow us to relocate the east edge of the store 100 ft , and the canopy for the fuel dispensers 60 ft, farther from Logan Avenue. Our activity on the site will be significantly relocated to the west, deeper into the commercial district along 57th, and farther from the residences on Logan. Second, the proposed plan provides a significant area adjacent to the side yard and garage of our neighboring home on Logan, and the back yards of our two neighbors on Brookview Drive. These areas will be landscaped and fenced to optimize the effectiveness of this buffer area. Third, the new store will comply with current City performance standards, and will • incorporate techniques to calm the design and operation of the store which will be recorded and enforced through the PUD process. A. The Proposed Site and Building Plan The proposed site is organized into two zones. First, an "activity zone" extending 115 ft south from 57th Avenue where all the paving and activity on the site, fueling, circulation, parking and lighting, will occur. Within this activity zone, we have shifted the store and fuel dispensers as far to the west as possible. The east wall of the new store will be 135 ft from Logan, and the nearest fuel dispenser will be 85 ft from Logan. The remainder of the site will be a 75 to 85 ft deep "residential transition zone" where no outside activity will occur. All activity within this zone will be within the masonry store building, which have no windows or public openings into this residential transition zone. The footprint of the new store building will be a 50 ft by 80 ft rectangle with chamfered corners at the front. The store will have a gross area of 38W sf. The exterior will be two styles of light colored masonry. A six course base of split faced block will support the remainder of the scored block exterior walls. The same materials will be use on all sides and for the walls of the trash enclosure. The sole windows and public entrance will be on the front of the building. The hip roof will have asphalt shingles. A well in the rear of the rear of the roof will contain the HVAC equipment. This well area will be enclosed on the front and sides by the roof structure and the rear by an installed screen. The new store, like the present store, will be open 24 hours each day. Six pump dispenser islands, located under a canopy, will provide fueling for up to 12 vehicles. The canopy will have a 4 ft metal composite fascia which will be striped, but not illuminated. • Parking will be provided in front of the store and extending along the building line towards Logan. The 21 spaces including the handicapped space, meet the required parking for the store. In addition, the 12 spaces at the pump islands will be the most used parking spaces on the site. In all, a total of 33 off street parking spaces will be provided. A loading area for delivery trucks is provided at the front of the trash enclosure. 1 Speedway SuperAmerica, LLC 190157th Avenue North Two driveways provide access to the site. One, from 57th Ave, at the western edge of the site. The second, from Logan, has relocated slightly to the south to provide additional stacking distance for vehicles to the semaphore at 57th Avenue, and from 57th Avenue, i Lighting is provided for the site by four perimeter pole fixtures, one at each driveway, one at the edge of the parking area east of the store, and one above the underground tanks on the west edge of the site, and by the lighting under the canopy above the fuel_ dispensers. The brightest part of the site will be under this canopy directly in front of the store. The light intensity drops to less than 1 ftc at the property lines, and with the exception of the area immediately at the base of the pole fixture illuminating the area, is below I ftc in all of the residential transition zone. All fixtures, whether freestanding or beneath the canopy, will have the light source completely enclosed and will have flat and flush lenses. Signage is proposed on the front of the store building, the canopy, and on a single freestanding sign. A 25 ft 8 in tall, 100 sf, 6 ft wide by 15 ft 8 in high, internally illuminated freestanding sign is proposed at the corner of 57th and Logan. Three signs are proposed on the store. First, a 3 ft by 2 ft 6.75 sf, illuminated SA logo above the entrance to the store. Second, an illuminated 5 ft by 8 ft, 40 sf, reader board on the building wall to the right of the entrance. Third, a non illuminated 22 ft 6 in by 2 ft 3 in talk, 53 sf, "SuperAmerica" at the top of the wall of the northwest chamfer. The total building signage is 100 sf, approximately half illuminated, and half not illuminated. We request that through the PUD process and in recognition of the less than permitted sign area and illuminated signage on the building, the development plan allow three illuminated signs on the canopy. The requested signage is for each short side, a 22 ft 6 in by 2 ft 4 in, 53 sf, "SuperAmerica ", and on the long side, facing 57th Ave., a 3 ft by 2 ft 6 in, 7.5 sf, SA logo. The landscaping provided at the site will have two zones. The activity zone plan will address the issues on those edges of the site. A custom plan is being developed with the direct input of the three most affected neighbors for the residential transition zone, which, with the exception of the footprints of the building and the trash enclosure, is all landscape. The plans for both zones will preserve and extend a landscaped edge north along Logan. All landscaped areas will be irrigated. In the activity zone, the primary planted area will be on the Logan Avenue edge on either side of the driveway. Here the sod area will be punctuated by the evergreen Viburnum in planting beds, providing understory interest, middlestory interest by plantings of Arbor Vitae, and overstory Ash and Norway and Red Maple. A continuous area of Viburnum and Arbor Vitae along the parking area provides an edge for the activity zone and the introduction to the residential transition zone. On the west edge the plantings provide a transition to the fence extended from our rear property line. The major feature of the activity zone is the proposed architectural metal fence with masonry piers in a 10 ft wide landscaped area as an alternative to providing the required 15 ft yard. We believe the combination of the 10 ft of horizontal green space and the 3 ft tall decorative fence with masonry piers provides a pleasing and effective transition between the roadway to the site. We ask this alternative be adopted as part of the Development Plan. This alternative also permits extension of the residential transition zone an additional 5 ft towards 57th Ave. The plan for the transition zone has not been finalized with our neighbors. Our two neighbors on Brookview Drive have indicated an initial preference for removing the existing lilac hedge on our shared property line, and replacing it, along with the 6 ft tall stockade type and chain link fences installed by the neighbors, with new 8 ft tall cedar stockade / picket type fence {matching a style • recently installed by the neighbors between their homes) along our shared property line and Speedway SuperAmerica would replace the remaining runs of stockade fence on the neighbor's shared property lines with a similar, but 6 ft tall, fence. For overstory trees, the preference at this time is spruce, planted certainly on our side, and perhaps on the neighbor's side of the fence. 2 Speedway SuperAmerica, LLC 190157th Avenue North • Along the west boundary of the transition zone we propose an 8 ft tall, board on board, Cedar, fence. At the time of application we have not been able to schedule a similarly detailed discussion with our immediate neighbor on Logan. B. Benefits of the Flexibility and Control of the Planned Unit Development Process at this Site. This PUD will allow the protection and buffering of abutting residential properties provided by the development and the detail of a residential transition zone, and the westward relocation of the fuel dispensers and store in the activity zone, to substitute for the City wide zoning provision that would not permit the proposed redevelopment abutting residential properties located on Logan and on Brook- Drive. It will also permit approval of specific features of the development plan that are custom to the conditions surrounding this site. The commercial development and use ork the south side of 57th Avenue has historically provided the transition between the commercial uses recognized in the Comprehensive Plan and the zoning ordinance along both sides of 57th, and the surrounding residential districts. Allowing the new investment proposed in the development plan by Speedway SuperAmerica will not be an exception to the planned, permitted, historical and expected pattern of use along 57th Avenue, and will expand and reinforce the usefulness of this established commercial district for its neighbors and the City. The PUD will permit and record the elements of the development plan that will assure the new Speedway SuperAmerica is both more compatible and more useful to the abutting and surrounding neighbors. These design elements include, but are not limited to: a. Establishment of a residential transition zone with no exterior activity extending 75 to 85 ft from the shared property line of the adjacent residences, buffered by a fence designed and located, and middle and overstory plantings specified, in conjunction with the affected adjacent homeowner. b. A lighting plan that restricts almost all ambient light of more than 1 ltc to the activity zone, assures that all fixtures will enclose each light source, and all lenses, including the lenses for the under canopy lighting will be flat and flush with the fixture or canopy deck and will parallel with the ground directing all light absolutely downward. C. A noise mitigation plan that includes relocation of activity on the site away from Logan Avenue and the use of fuel dispenser mounted, fueling point specific microphones and speakers for required communication with customers under the canopy. d. A circulation plan that relocates the driveways farther away from the intersection of 57th and Logan, provides easier on site movement, additional parking, and a designated and useful loading zone. e. A more than doubling of the area of the store, expanding the product mix and depth offered at the store. f. A plan for plantings along Logan that reinforces this residential edge and the introduction of an architectural fence feature as well as an expanded yard to define and reinforce the 57th Avenue edge of the site. • Each element is designed to reduce the impact of the operations of our store on the neighborhood while providing a state of the art facility- for the best possible shopping and service experience for our customers. 3 Speedway SuperAmerica, LLC 190157th Avenue North C. Neighborhood Involvement . To test the neighbor's initial response to this plan and determine if we should continue pursuing the acquisitions of the properties and developing our plan we invited all of our adjacent neighbors, and members of the Neighborhood Advisory Board, to an evening meeting. The meeting was held in the Teacher's Lunch Room at Earle Brown Elementary School on December 11, 2001. We also asked any neighbor who would not be able attend to call us with any questions or comments about the meeting. That evening we had the opportunity to talk with approximately 15 neighbors, sitting down at tables, in small groups, about the history of the site, the present store, the proposed plan, and how issues with the present store could be resolved and special sensitivities can be addressed by a new development. Encouraged by our sense of the meeting that these affected neighbors would support a more compatible, more useful, store we have continued to work on specific buffering details with our immediate neighbors, refined the plan, and have brought this application to the City. 12.31 ?O1 • 4 - • MEMORANDUM DATE: January 28, 2002 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer G,f SUBJECT: SPEEDWAY SUPERAMERICA The Engineering Department has reviewed the subject plans dated December 20, 2001, comments are as follows: .1. Access to the site is less than ideal but is an improvement over the existing site. 57 Avenue North is a County State Aid roadway and the access will require Hennepin County approval. All work within Hennepin County right -of -way will also require a permit. Copies of the plans have been sent to the county for their review. 2. A rock construction entrance shall be included in the erosion control plan and only one entrance shall be utilized during construction. 3. The developer should be aware that soil contamination exists in, the area. It is the developer's responsibility to contact the Minnesota Pollution Control Agency before any excavation work is performed. 4. The utility plan shows an existing 1 -inch water service connecting to a % -inch irrigation line and a 1.5 -inch domestic service. The existing service should be abandoned at the main and a new service should be sized for fire protection, irrigation and domestic use. 5. The sanitary service from the Milovitz property shall be abandoned at the main and a new service installed along the property line. 6. The existing service from the vacant property shall be abandoned. 7. The existing water service shall be abandoned at the main. 8. The existing sanitary service is not shown on the plan. The proposed 6 -inch sanitary service is shown connecting to an existing service that is likely 4 -inch. The developer should verify a 4 -inch service has adequate capacity. 9. Connection charges for water and sanitary sewer are $1,500 and $3,000 respectively. 10. Final platting will be required prior to any work. 11. Final utility plans should be resubmitted. KADDKAW LOGAN AVEMLE n►oen+ -- 2 -- c asaa \ 1 IN It � �p a ii a �n��g. p i p , - • + � � = � Oil° i a�i ■ .� �� <<i' - 9 1 •fit � �� � 4 •�• I • - -- tI R t -two i Oki ml fill RM � I . 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LU k o 11 Rw.f IY YR4Y.a fR nY1010 YM zl r- 1 • O w ?IB',p0 - W al[o r[ '� 1 r. r. .I.III IYU[•I�flf r S '� cu 43— iar r ` 1 Ia1r YP fawn{ xls •` O F C i r.r -r.wr wR. I'i K { k• WVi •1 f.i 0 1 67171 AVEN NORTH — aR • • � c N I 1 •{rs • r -r P< [ 11 P.M cl.vrlw E EVA w f ► z i.n ISOMETRIC LEVAT V= SCREENING FENCE m— ""'"�°°` "" ""'°° "'°' DETAIL "B" - SCREENING FENCE DETAIL 5 Is K W • RN{ T i q waiw.o'ju[ �.w.a.w�.IP Q R {, A • .• q � .v aP r o<ti. .11 w Mw i.IRP 1' . U' -0 Pf UANDSCUE LN- 1. Anr RIR a A. a p r y 1p .. l Y•U4 ww. Ri.1f1[ P DETAIL 'C' ELEVATION i rooium DETAIL "C" - SCREENING FENCE DETAIL 21 �,•x DETAIL "A" - DECORATIVE FENCE DETAI „13. : I u I 1.99 ' �s• 7i'11'I le lanns•�nc>t .- ......- . :.:... 1 - . :.A l ■�1 l�__ •t•ryl �1 I ' �a ll!f �ft_.1 {)1 ■ - ��1 a -emu '� Iasa � s. a. _ j aaa� as _ r ■mss a s naanaas.aaa•Ras. - - s• � �asa�aaaaaaa a. � � aaaa�aaaaa�aaaaa� aaaaas_ -' , a� aaaaaaaas.aaas.�aaa�a_�a� as•� r , ;u - a,_� ___a.:n ' � �� aaaaa •...: aa� ■un:r,. � - ! rte® EM I 40OW MS4 MH MOts'lting Height» 16 feet. From Pole to Photometric Center- 2 feet. �/ .. w IES Cando z Ia File: C: WSPLDIESaL3T0T. IES w• «• • «. «• «• «• a. w• w. «•,e.• «• «. a• a• •.• we ... a• a. a. w. we a• we w. •.• w. «• Initial Lumens per Loop= 40000.. .. Lfght Loss Factor ILLFI - 0.72 «• «• •r •r •sw. • a• «• «• «• a• «• w• w• w• «• «e «• «• «• w• w. - Nunber Poles this type N 4 «. e.. w a. ... w. w. w. «• «• w• w. w.... w. •+ «• «• «• «• «• N CC- MS400 -FGL • a. we •. w• a. a• ..• a• a. we w. w. ao a. w• a. ao we a. a. w..a w. a. we ...... w. •.. we .o «o 4GOW SMH Mounting Height- 16 feet. • «• «• «• ... «• •.• «• e.. «• «• «• «. «...• •.• \ _ — _ «• a• a• «• «• IES Condela File: C:eSPLOIES*L3938. IES Initial lumens per Loop- 40000. I e «e e.e .e ae «• «, «, en «. «, ., wl •.• «• • «• •.• «• «• L fight Loss Factor. 1 LLF I - 0.72 «• «o «• «• «, «, «. «, a. «. «, «. «, «, w, «• %97.W «• «• «• «• w• w• Wilber Luminaires this type - 30 _ • «• « • a• «. «, «, «, «. w, w, ar M w, «, wl M w, « • «e we a o w w• «• •., a. a u ws aw ,.• no u, w• •.r .. ws � -- _— � • • a• •. a � I ... as «, .., al «, wt ..• ,., ,., .., ,•.• wr «t ,.+Ui •. w . � \ as • . w• «o w . � 4} O a ,.• «. wt e. a. « .• ws .. .. ,.t Ti at at a a. .. o C ILLUMINANCE IS IN HORIZONTAL FOOTCANDLES. • TARGET PLANE AT Z = 0 FEET. ,.. 1 •.. w. ,.! { • t. • N. , • ,,.. .• .l .• , o t ! (t. la. N. N. l.. l.t e.r • •.• « .• a• e. • ',tE�,�j W ... s. •.. N.. s s • ,. (. •.r •. .., .a .r .• r ' •. v x. N. .• 14 ,.: ..• «a wt •. • # POINTS 7 l 052 - Nu 2� a .' I ...1 . I • I I i a l e I '1 IK I 1 1 I 'e Lu < (a a. a• ... «( ,a ,.. ,.r ,.• «, wt ..t r.a ,.• ,a as as ar s ra ,.a sa.•at. ,•� •., so e.e (.e l.r ,a ,., •. a • AVERAGE 7.4 r y ., •. ..1 M I MUM 72. T (.o . u., l.e as a. l • «, a.t a. w r • «, a.. wt a.o as as a.a •, nel »a »a aa, ».� o-a of a.l . a.l ae • « « . MIN IN IMUM 0.0 j � ,.� a .... • x. xl N. x.. ,... , .�. ®�� 41 a � ! ..� a s ws ,., as ,.. ,.. as ..• • no ».r n.a ».e sea aw, ,,., x.. ,,., x. w.r ,«• «., x.r u. Na . x.� ��«, • .0 ,. �. , • s ,.• ..s , ,. , ; ..( N., a . �, syP ­ x.rr ix., y ' .yx.. a .y�..,.y1 N ya xS'R.•$:rN:. .i •., e. «• E� • . •.. H al J ,.• , «. u.( .• al. d x.t n. d xJ w. a xa l0.t • rtd b.• rte. x.r x•[ a�.a. �. • w «• • p�e t l g S f 1 ! ws , • («• «• ,a as •., : .11, ,M(.(a! i.o uM IR.a x)t K• ». .ta x. /k pa•Trl� ,a •. «• ' a, Ft •. 0.I ,., w! «( ` �' .> ,.i «1 o.l ea • al a: a+ry s s as w. l.a «, a.a o.. ,•.a n.a n.• n.r ,s.• n.a n.• u.: n.• N.• .......r .... u.• xa N.. e.a •.e «r ,.• a. , e.e e. o ae ... •.1 «1 ... C. a.. a.a a.. a.. •.t .., «. ,.. :a as .. a. 4t� 73Q-4- RWE w «,in wt wt e., a ,., •.lN awe � ! we ..• «r al «1 0.. w. wl wt w( .a wa wa «a «a wa wa wa «a «s «a «a at wt wa at wa w. ♦t wtCL. to tw «, w, w• a. «. i a• w. b. wo a, .a .., a, al «1 «t e.e wt «t ws a( ws ws at e: at wt at wt wt at «: «t «..., ,.. l.a as as l.a o.t «. os a. � �:f 57TH AVEM NORTH g F � 3 NMT#M= CENTER ADDITION BUILDING iS TAKEN AS AN OBSTRUCTION G lllul »rls r• rl�u Md ,M Y1Amir• Imr•1rY t•s, p,�lIt,q. (q d eM 1n mier� W .1M III,M,N,IrN ablrY wM•a�e i�11s••rol 1 S4 Y1r1 i11Jl,wr. ��eeyrx M N,ar Y r1•w in 1 1 e• ,r,. •9 tl„ - i Oir, ,Nr••taflw,� frl�lLfirll 11Y• in�p. I.W inelrfw le• rtieirlo.'eflrf p Irtp• Mlrr • 1201. 11.10 .MNT11rN. ] r•W4 w S . 1. ••ox ' t. Waxl[R r SITE LIGHTING FOR: LKiMiNG SPEEDWAY SUPERaNERICA LEG STORE •4DS8 !BROOKLYN CTR. NHI e'' STORE #4051 j WHITEWAY LIGHTING 2002 74134 as i RECEIVE[ Marketing & Transportation Engineering S M nd JAN 2 5 2002 H p thi nrNlTrn. MARATHON ASHLAND Petroleum LLC 2060 Centre Pointe Blvd. January 25, 2002 suite 1 Mendota Heights, MN 55120 Telephone 651145A-M6 Delwin & Donna Holm FAX 651/454 -8754 5639 Logan Avenue N. Brooklyn Center, MN 55430 Dear Mr. and Mrs. Holm, It is our understanding the enclosed plan revisions dated November 6, 2001 (Rev. January, 2002), are your preference for the improvements and design for the compatible redevelopment of the expanded SuperAmerica site. These plans includes, but are not limited to, these specific and custom features: 1. (Sale of Property) Marathon Ashland Petroleum will, as part of its replating of the SuperAmerica site, sever the southerly 8 ft of the present lot at 5649 Logan Ave, N. from our parcel, and add that 8 ft area to your parcel. For this addition to the dimension and area of your I ot, you will pay Marathon Ashland Petroleum a sum of Seven Hundred and Fifty dollars ($750.00) on the terms and conditions we have agreed to. 2. (Buffer fence) We will install a required buffer fence on the edges of the license area and along the rear line of the license area connecting to the buffer fence along the neighbor's lot line as shown on the plan. The buffer fence along the side yard will be 8 ft tall, made of cedar, and be of "board on board" design as shown on the elevation and isometric keynotes on the plan. This Ave. approximately 7 ft beyond the front of e. The our garage. fence shall extend toward Logan pp y y Y g g fence along the rear portion of the license area will not be a board on board design, but will match the decorative design of the required buffer fence installed along the property line we share with 1918 and 2000 Brookview Drive. 3. (Private fence) You will remove all the existing fencing between our properties and we will install a fence connecting the buffer fence and your garage at a point 3 ft behind the front edge of the garage, as shown on the plan. This private fence will be made of cedar, be the same design as I the required buffer fence, and will be 6 ft tall. This fence will make the transition to the 8 ft tall buffer fence over the last 4 ft of its run, as shown in the construction note on the plan. We will also install a 6 ft tall, cedar, fence of the decorative design matching the design of the private fence installed in your neighbor's back yard along your rear lot line This fence will have two "good" sides, and will make the transition to the 8 ft tall buffer fence as shown in the construction note on the lan. It will be our responsibility to remove and dispose of the existing p p Y P fence along along this lot line. • 4. (Our improvements in the license area) Within the area you wil purchase we will not disturb the existing drive east of the private fence, and will remove the driveway west of the private fence and replace it with a sodded area. The present shared driveway onto Logan Ave. will be narrowed to the boundary of the area you have purchased. a 5. (Cement slab) We will install a 6 ft by 20 ft, 4 in. deep, cement slab on your property adjacent to the garage, and extending from behind the private fence to approximately the end of the garage. 6. (Elm tree) We will remove the mature elm tree now located in the front yard of 5649 Logan Ave. N., and landscape the green area of that lot as shown on the plan. 7. (No deciduous trees) We will plant 6 ft to 8 ft spruce or pine trees as indicated between the corner of our store building and the corner of the license area, .and will retain the existing crab tree in the front yard, and one of the two Norway Maples in the back yard, at 5649 Logan, but will plant no other deciduous trees adjacent to your property. 8. (Speakers) Microphones and speakers required and used to communicate with customers at the dispensers shall be individually mounted and addressable to each dispenser. The common speaker system type of equipment used at the present store will not be used at the new store. 9. (Access doors) The sole public access to and from the building shall be the single entrance at the front of the building. Any other doorway shall be only that exit required for emergency egress, and it shall be used only for that purpose. 10. ( Trash container) The trash container shall be located as on the plan, at the far side of the site. 11. (Building lighting) A switched wall mounted light will be installed at the emergency exit door at the rear of the store. This light will be on only when the door is in use. No other lighting will be provided on the sides and rear of the store building. If, due to unwanted activity in these areas lighting is recommended, motion sensitive "wall- pack" lighting will be installed. If that does not discourage the activity, the lighting will become constant. If we have misunderstood or left out any of the elements of the plan that are important to you, please let me know. Thank you for your assistance in designing the most compatible relationship with your home. Sincerely Brian LaFreniere Engineer Marathon Ashland Petroleum LLC cc: Mr. Ronald Warren • City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 - 2199 RECEIVED M Marketing & Transportation Engineering .� ��d SAN 2 � ZOO CITY OF BROOKLYN C ENTER MARATHON ASHLAND Petroleum LK 2060 Centre Pointe Blvd. Suite 1 Mendota Heights, MN 55120 Telephone 651/454-7776 January 25, 2002 FAX 651 /454-8754 Ms. Patricia Schutta 2000 Brookview Drive Brooklyn Center, MN 55430 Dear Ms. Schutta, It is our understanding the enclosed plan revisions dated November 6, 2001 (Rev January 2002), are your preference for the improvements and design for the compatible redevelopment of the expanded SuperAmerica site. These plans include, but are not limited to, these specific and custom features: 1. (Buffer fence) We will install a required buffer fence on our shared property line. The buffer fence will be 8 ft tall, made of cedar, and be of the decorative design matching other fencing you . have installed on your property, and as shown on the elevation and isometric keynotes on the plan. As part of the construction of this buffer fence we will remove and dispose of the present wood fence on your property along our shared property line, and the lilac hedge on our shared property line. 2. (Private fence) We will remove and dispose of the existing wood stockade type fence on the property line you share with Mr. Mozey, and along the property line you share with 2006 Brookview Drive between our shared property line and your garage. We will replace these private fences with fences that are 6 ft tall, made of cedar, and of the decorative design matching the buffer fence and other fence you and Mr. Mozey have installed joining your homes, and as shown on the elevation and isometric keynotes on the plan. These fences will have two `good" sides, and will make the transition to the 8 ft tall buffer fence over the last 4 ft of their run, as shown on the construction note on the plan. 3. (Landscaping) We will plant spruce trees in the area to the rear of our store building to reinforce the backdrop of evergreens now provided by the plantings in your and your neighbor's yards. 4. (Speakers) Microphones and speakers required and used to communicate with customers at the dispensers shall be individually mounted and addressable to each dispenser. The common speaker system type of equipment used at the present store will not be used at the new store. 5. (Access doors) The sole public access to and from the building shall be the single entrance at the front of the building. Any other doorways shall be only those required emergency egress and shall be only used for that purpose. 6. (Building lighting) A switched wall mounted light will be installed at the emergency exit door at the rear of the store. This light will be on only when the door is in use. No other lighting will be provided on the sides and rear of the store building. If, due to unwanted activity in these areas, lighting is recommended, motion sensitive "wall- pack" lighting will be installed. If that does not discourage the activity, the lighting will become constant. If we have misunderstood or left out any of the elements of the plan that are important to you, please let me know. Thank you for your assistance in designing the most compatible buffer for your home. Sincerel Brian LaFreniere Engineer Marathon Ashland Petroleum LLC cc: Mr. Ronald Warren City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 - 2199 RE CEIVED J AN 2 0 0 2 Marketing & Transportation Engineering M .�fs/1► /and O � (IF RROOKI V N roEgITEp MARATHON ASHLAND Petroleum LLC 2060 Centre Pointe Blvd. suite 1 MN Mendota January 25, 2002 Telephone H 651 /A5A -7776 551 FAX 651/45A-875A Mr. Steve Mozey 1918 Brookview Drive Brooklyn Center, MN 55430 Dear Mr. and Mrs. Mozey, It is our understanding the enclosed plan revisions dated November 6, 2001 (Rev. January 2002), are your preference for the improvements and design for the compatible redevelopment of the expanded SuperAmerica site. These plans include, but are not limited to, these specific and custom features: 1. (Buffer fence) We will install a required buffer fence on our shared property line. The buffer fence will be 8 ft tall, made of cedar, and be of the decorative design matching other fencing you have installed on your property, and as shown on the elevation and isometric keynotes on the plan. As part of the construction of this buffer fence we will remove and dispose of the present chain link fence on your property along our shared property line, and any part of the lilac hedge on our shared property line. 2. (Private fence) We will remove the existing wood stockade type fence on the property lines you share with Ms. Schutta, and replace it with a fence that is 6 ft tall, made of cedar, and of the, decorative design matching the buffer fence and the other fence you and Ms. Schutta have installed joining your homes, and as shown on the elevation and isometric keynotes on the plan. We will also install a similar fence along your shared property line with the Holms. These fences will have two "good" sides, and will make the transition to the 8 ft tall buffer fence over the last 4 ft of their run, as shown on the construction note on the plan. 3. (Landscaping) We will plant spruce trees in the area to the rear of our store building to reinforce the backdrop of evergreens now provided by the plantings in your and your neighbor's yards. We will also plant one 6 to 8 ft tall spruce tree in your backyard at the location staked by you to provide a transition to our site and reinforce our plantings. 4. (Speakers) Microphones and speakers required and used to communicate with customers at the dispensers shall be individually mounted and addressable to each dispenser. The common speaker system type of equipment used at the present store will not be used at the new store. 5. (Access doors) The sole public access to and from the building shall be the single entrance at • the front of the building. Any other doorways shall be only those required emergency egress and shall be only used for that purpose. 6. (Building lighting) A switched wall mounted light will be installed at the emergency exit door at the rear of the store. This light will be on only when the door is in use. No other lighting will be provided on the sides and rear of the store building. If, due to unwanted activity in these areas, lighting is recommended, motion sensitive "wall- pack" lighting will be installed. If that does not discourage the activity, the lighting will become constant. If we have misunderstood or left out any of the elements of the plan that are important to you, please let me know. Thank you for your assistance in designing the most compatible buffer for your home. Sincerely mss.. -• Brian LaFreniere Engineer . Marathon Ashland Petroleum LLC cc: Mr. Ronald Warren i City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 --2199 DRAFT Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2002 -01 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -001 SUBMITTED BY SPEEDWAY SUPERAMERICA, LLC. WHEREAS, Planning Commission Application No. 2002 -001 submitted by Speedway SuperAmerica, LLC proposes rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 1.139 acre site located at the southwest quadrant of 57th Avenue North and Logan Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and site and building plan approval for a 3,969 sq. ft. convenience store /gas station with six fuel dispensers and a canopy area on the above mentioned site; and WHEREAS, the Planning Commission held a duly called public hearing on January 31, 2002, at the Brooklyn Center West Fire Station when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezoning contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 of the City's Zoning Ordinance and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2002 -001 submitted by Speedway SuperAmerica, LLC be approved in light of . the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned, Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a gasoline station to abut R -1 zoned property; a building encroachment into the 35 ft. buffer area where the property abuts with 5633 Logan Avenue North; and a 15 ft. greenstrip along the 57th • Avenue North right of way line. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved site plan. DRAFT 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. ' 9 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2002 -001 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all driving and parking areas. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. i 8. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. Specifically, identification signs shall not be allowed on the canopy, nor shall the faces of the canopy be internally or externally lit. Canopy signs may only be allowed in lieu of other permitted freestanding signs. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of • permits. DRAFT 11. All work performed and materials use 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's Engineering Department. 13. No building permit will be issued for construction of the proposed building until the plat comprehended under Planning Commission Application No. 2002 -002 has been modified, given final approval by the City Council and filed with Hennepin County. 14. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 15. Approval of the application acknowledges that the south wall of the building shall contain only one emergency exit with lighting consistent with that outlined in the development proposal. 16. All lighting fixtures, whether freestanding or beneath the canopy, will have the light source completely enclosed and will have flat and flush lenses. 17. The applicant shall use se fuel dispenser mounted fueling point specific microphones and speakers for required communications with customers at the pump island areas. 18. No car wash facilities are comprehended as part of this site plan nor will such facilities be allowed in the future. Date Chair ATTEST Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. Application Filed on 1 -10 -02 City Council Action Should Be Taken By 3 -11 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -002 Applicant: Marathon Ashland Petroleum Location: Southwest Corner of 57th and Logan Avenues North Request: Preliminary Plat The applicant, Ryan LaFreniere, on behalf of Marathon Ashland Petroleum, is seeking preliminary plat approval to divide and combine three parcels of land located at the southwest corner of 57th and Logan Avenues North into two lots. One of the lots would be for the redeveloped SuperAmerica station comprehended under the Planning Commission Application No. 2002 -001. The properties are bounded on the north by 57th Avenue; the east by Logan Avenue; the south by single family residential homes facing Logan and Brookview Drive; and vacant commercial property on the west. As mentioned, the property is currently made up of three lots. The lot at 1915 57th Avenue North is approximately 55,000 sq. ft. in area, is the site of the Milavetz law firm and contains a 3,567 sq. ft. building. The lot at 1901 57th Avenue North is 14,300 sq. ft. in area, is the current SuperAmerica site and contains an approximate 1,836 sq. ft. building. These two lots are currently zoned C -2 (Commerce). The third lot is at 5649 Logan Avenue North, is 9,750 sq. ft. in area and contains a single family home and garage owned by David and Beverly Holmes. This lot is currently zoned R -1 (One Family Residence). Agreement has been reached between the various property owners to create through the platting process, two lots out of this combined 79,496 sq. ft. (1.825 acre) area. The plat is to be known as SuperAmerica 5th Addition. The proposed Lot 1 would be 29,852 sq. ft. (.686 acres) and contain the Milavetz law firm building. The proposed Lot 2 would be 49,606 sq. ft. (1.139 acres) and would be the site for the SuperAmerica redevelopment. It is the proposed Lot 2 that is being rezoned to PUD /C -2 under companion Application No. 2002 -001. The Milavetz site has a 19 stall parking lot in addition to the 3,567 sq. ft. building. This parking lot meets the one space for every 200 sq. ft. of gross floor area parking requirement for an office building. It should be pointed out that the ability to utilize this building for retail uses, which are allowed in the C -2 zoning district, is gone with this platting. The proposed SuperAmerica site would exceed the minimum lot size requirement for a gasoline service station contained in Section 35 -414 of the zoning ordinance. That section requires a minimum 20,000 sq. ft. lot for a gasoline service station. Representatives of SuperAmerica have had discussions with neighboring property owners regarding concerns they have about the proposed SuperAmerica redevelopment. Screening i 1 -31 -02 Page 1 proposals have apparently been resolved. The owners of the property at 5639 Logan Avenue North (Delwin and Donna Holm) have an attached single car garage located approximately 6 1/2 to 7 ft. from their north property line and they also share a driveway with 5649 Logan, which is being incorporated with the proposed SuperAmerica lot. Their negotiations with SuperAmerica have resulted in an agreement to convey 8 ft. along the southerly property line of 5649 Logan Avenue to the Holms. This will allow them to, at some point in the future, expand their single car garage or build a new garage on that side of the lot. It will also allow a continuation of a portion of the shared asphalt driveway and curb cut along Logan. The Holms' lot will also have to be included in this plat in order to convey the 8 ft. Survey work and data collection will be undertaken immediately. Consideration of this modification was included in the report and the recommendations made for the PUD Application No. 2002 -001. We do not believe it is necessary to resubmit the preliminary plat but recommend that the necessary changes be made and the necessary survey data be provided with the final plat. The plat would then contain three lots rather than two and the Holm property would be 83 ft. by 130 ft. (10,790 sq. ft.) The City Engineer is reviewing the preliminary plat and will be making comments related to it for the Commission's review. The plat is less than five acres in area and is not subject to review by the Shingle Creek Watershed Commission. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION This preliminary plat is dependent upon the approval of the Planned Unit Development under Planning Commission Application No. 2002 -001. If that application is not approved, this preliminary plat should also not be approved. All in all, we believe this preliminary plat is in order and approval is recommended subject to at least the following conditions: 1. 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. 2002 -001. 4. The plat shall be modified to include the lot at 5639 Logan Avenue North and the proposed 8 ft. conveyance to be attached to that lot. Survey data shall be submitted to the City Engineer and the final plat shall include this lot. 5. Building permits for construction of the SuperAmerica building comprehended under Planning Commission Application No. 2002 -001 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 1 -31 -02 Page 2 � MEN � :111111 X111■ '� ���i � "`�'-- --- ' POP 1 ■� 'i �����d ��■ � 1111111/1 .I •• � `•• . 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