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HomeMy WebLinkAbout2002 05-30 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MAY 30, 2002 STUDY SESSION WEST FIRE STATION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes -May 16, 2002 4. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. • 5. Westbrook Development, Inc. 2002 -006 Request for rezoning and development plan approval through the Planned Unit Development (PUD) process for the development of a 34,228 sq. ft., four building, mixed use commercial /retail development at the northeast quadrant of 69 and Brooklyn Boulevard. 6. Westbrook Development Inc. 2002 -007 Request for Preliminary Plat approval to subdivide 5.6 acres of land at the northeast quadrant of 69 and Brooklyn Boulevard into four lots. 7. Other Business 8. Adjournment Application Filed on 5 -2 -02 City Council Action Should Be Taken By 7 -1 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -006 Applicant: Westbrook Development, Inc. Location: Northeast Corner of 69th Avenue North and Brooklyn Boulevard Request: Rezoning /Development Plan Approval - PUD /C -2 The applicant, Westbrook Development Inc. is seeking rezoning and development plan approval through the Planned Unit Development (PUD) process for the development of a 34,228 sq. ft., four building, mixed use commercial /retail development on a 5.6 acre site located at the northeast quadrant of 69" Avenue North and Brooklyn Boulevard. The property in question is currently made up of 13 parcels or portions of parcels zoned C -2 (Commerce), 12 parcels or portions of parcels zoned R -1 (One Family Residence) plus vacated June Avenue right of way lying between 69 "' and 70 Avenues North. This property was formerly occupied by single family homes and various commercial establishments that have all been acquired by the City over the past seven or eight years for the purpose of redeveloping this area. The land is bounded on the south by 69 Avenue; on the west by Brooklyn Boulevard; on the north by 70` Avenue; and on the east by a line lying 150 feet east of the June Avenue right of way between 69"' and 70 " Avenues. BACKGROUND This site has been the subject of City Council efforts over the past seven or eight years to encourage the redevelopment and rejuvenation of this area. It has been long anticipated that some type of neighborhood commercial /retail development would be a likely proposal. The City's Economic Development Authority (EDA), which is the City Council, after review of a couple of development proposals entered into a Development Agreement with Christenson Corporation in 2001 to redevelop this area which a 45,000 sq. ft., four building commercial /retail complex. The plan included a 4,224 sq. ft. BP Amoco convenience store /gas station/car wash; a 4,230 sq. ft. McDonalds convenience food restaurant; a 7,000 sq. ft. free standing retail building; and a 29,575 sq. ft. multi -tenant retail building that was to be located along the east side of the property. A meeting was held between the then developer and neighboring property owners immediately to the east of the proposed development on March 28, 2001 to discuss the proposal and in particular the proposed screening and site lighting. An acceptable proposal was put together and the neighborhood reaction was generally favorable. Christenson Corporation then proceeded to seek PUD approval for their redevelopment project. The City Council after review, public hearing and recommendation by the Planning Commission, approved the PUD /C -2 rezoning of the property and development plan approval for the Christenson Corporation proposal on May 29, 2001 under City Council Resolution No. 2001 -74. 5 -30 -02 Page 1 Christenson Corporation was unable to perform under the stipulations of its Development Agreement with the City and defaulted on 11 /1 /O1. The City went back to review the other proposal it received from Westbrook Development, determined it was acceptable and proceeded, following a public hearing, to approve a Development Agreement in February 2002 based on conceptual acceptance of that development proposal. Westbrook is now seeking the necessary PUD approval so their proposal can go forward. Their plan is quite similar to the Christenson plan, however, different enough that the PUD process must be repeated. Attached is a copy of the development plan that was approved for the Christenson development one year ago. Westbrook is now seeking the PUD /C -2 rezoning to accommodate their above mentioned commercial development which will include a 3,960 sq. ft. Super America convenience store /gas station/car wash; a 4,230 sq. ft. restaurant or retail building; a 4,538 sq. ft. Culver's Restaurant; and a 21,500 sq. ft. multi- tenant retail building to be located along the east side of the property. The C -2 (Commerce) underlying zoning designation is being sought because it acknowledges all of the proposed uses as either permitted or special uses. They are seeking modifications to the C- 2 requirements to allow a less than 15 ft. greenstrip from the new Brooklyn Boulevard right of way in the location of the convenience store /gas station, and along 70 "' Avenue North and to allow parking and a portion of a drive lane to encroach into a 35 ft. buffer along the east side of the site. All of these modifications are proposed to make a more efficiently utilized site and will be offset by various planned considerations. The land in question is designated in the City's Comprehensive Plan for expansion of retail business. 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. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant will be seeking modifications to allow a less than 15 ft. greenstrip in specific locations along Brooklyn Boulevard and 70 " Avenue North; and between a 5 %2 ft. and 24 ft. encroachment into a 35 ft. buffer area along the east side of the site. The less than 15 ft. greenstrip along Brooklyn Boulevard and 70` Avenue North is consistent with other city approvals that have allowed such a greenstrip along a major thoroughfare where decorative screen walls or other screening devices have been used. This was done at Brookdale in a couple of locations along Xerxes Avenue and County Road 10. A gas station at the northwest corner of 69` and Brooklyn Boulevard, although it never was built, was approved with less than 15 ft. greenstrip offset by a 3 %2 ft. high decorative wall. The applicant's proposal has a combined wrought iron masonry screen wall and retaining wall along the Brooklyn Boulevard and 70 Avenue greenstrip in the area to offset the lessened greenstrip. They propose an 8 ft. 5 -30 -02 Page 2 high opaque screen wall made of a maintenance free material to run all along the east property line where the site abuts with the backyards of residential property located along Indiana Avenue. This screen wall will tie into and be of a consistent or compatible design to the solid screen wall constructed by the city along 69` Avenue North. Landscaping in this area is also proposed to offset the lesser than 35 ft. buffer area. Employee only parking and trash containers, along with a one -way (south) drive lane would be located between the new building and the east property line. A condition imposed on the Christenson development and recommended in this situation also is to impose a trash pick up restriction in this area to no earlier than 8:00 a.m. Deliveries to the rear of this building should also be confined to no earlier than 8:00 a.m. and no later than 5:00 p.m. The Planning Commission's attention is directed to Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments (attached). REZONING The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 3 5-2 10 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 policy and review guidelines are attached for the Commission's review. The applicant has not submitted a written statement in response to the rezoning evaluation policy and review guidelines. The justification for this PUD is the same as that applied in the 2001 proposal. This PUD like the one of 2001 combines the various parcels previously mentioned through a preliminary plat which is the subject of companion Application No. 2002 -007. The site is approximately 5.6 acres in area and the plan reflects the reduced land area required for the widening of Brooklyn Boulevard. The concept used in the layout of this retail development is to have the major buildings oriented toward the streets and /or intersections in the immediate vicinity. The buildings are positioned such that the major central parking areas are conveniently located near the entrances to each of the proposed structures. The three smaller perimeter buildings all face inward toward the center of the site and the central parking areas. These buildings are generally developed as finished four -sided buildings since their backs or sides will face surrounding streets. Further review of the details of the site plan will be presented later in this report. 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 designation 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. A detailed review of each of evaluation guidelines is not provided again because the necessary findings are almost identical to the previous PUD proposal. • 5 -30 -02 Page 3 The rezoning evaluation policy and review guidelines basically require that any rezoning proposal can only be granted if there is a clear and public need or benefit associated with it; that the proposal is consistent and compatible with surrounding land use classifications; that all proposed uses in the proposed zoning district can be contemplated for development; that the property under consideration will bear fully ordinance development restrictions for the proposed zoning district; that the proposal is warranted by comprehensive planning and the best interests of the community; and finally that the proposal demonstrates merit beyond the interests of an owner or owners of an individual parcel of land. The current proposal, as well as the proposal from one year ago, is looked at as meeting a clear and public need or benefit. For a number of years the City has sought a redevelopment of this highly visible area of the City. A commercial retail development such as being proposed is in line with the redevelopment that has long been sought after. Such a redevelopment is considered consistent with the City's Comprehensive Plan for this area and does meet.a clear public need and provide a public benefit. It is believed that the proposed plan, as will be shown later in the site plan review process, can be considered consistent and compatible with surrounding land use classifications given the proposal by the applicant and the recommended restrictions to their operation particularly with respect to the neighboring property to the east. Overall, the plan is believed also to be consistent and compatible with other surrounding land uses. The proposal will bear the ordinance restrictions for this planned unit development even with some deviations from the standard ordinance requirements. The lesser greenstrip along Brooklyn Boulevard and 70" are offset by a decorative fence which have been used on other occasions to offset smaller than normal greenstrips. The buffer strip and screening to the east of the site from the neighboring residential property also is a good buffer for this redevelopment and offsets potential negative aspects. The parking in this location for the most part will be employee parking and will not be extensive. The screening device, which is a maintenance free material to match existing screening along 69 " Avenue should be appropriate. As well trash screening devices are acceptable and a condition that limits trash pickup in this particular area is appropriate. All in all we believe that the proposal does have merit beyond the particular interests of only the developer and will lead to a development that is consistent and compatible with the surrounding land uses. We believe the proposal provides a quality development, consistent with the comprehensive plan and the general interests of the community as well. SITE AND BUILDING PLAN PROPOSAL The proposal again calls for an approximate 34,228 sq. ft., four building commercial retail redevelopment of the northeast corner of 69` and Brooklyn Boulevard. A Super America convenience store /gas station/car wash would be located at the northwest corner of the site, a 4,230 sq. ft. restaurant or retail building would be located adjacent to 70' Avenue North, a 4,538 sq. ft. Culver's Restaurant would be at the southwest corner of the site and a 21,500 sq. ft. multi- . 5 -30 -02 Page 4 i tenant retail building is proposed at the easterly side of the site. The Super America proposal is only conceptual at this time and will require a formal site and building plan submitted to the Planning Commission and City Council. We have indicated that a rearrangement of the site is necessary so that the car wash is on the north or east side of the site. A representative of S.A. has indicated that this will be accomplished. ACCESS /PARKING Access to this redevelopment site will be provided at five driveway locations, three of which will be along 70 Avenue North and one each on 69 " Avenue and Brooklyn Boulevard. The Brooklyn Boulevard access is a right in and right out. The 69 Avenue Access has been shifted further to the east than the previous plan, lines up with the driveway on the opposite side of the street and will be a full access. As part of the Brooklyn Boulevard reconstruction project, a new concrete median will be installed between 69` and 70` Avenues. A deceleration lane will be provided to the Brooklyn Boulevard access, which is about mid way between 69` and 70 Avenues. Two of the accesses on 70 will be full left and right turn access points and one access, the most easterly, will provide access to the rear of the strip retail building. The flow of traffic behind the building, or to the east of the building, will be one way (south) and is designed for access to employee parking, enclosed trash containers and for delivery purposes to the rear of the building. It will be necessary to provide directional signs to prevent traffic from going in the wrong direction behind the building. This will provide for a better flow through the site and should cut down on traffic to the rear of the building other than that necessary for the above mentioned purposes. The applicant proposes under the preliminary plat application (Application No. 2002 -007) to divide the site into four lots each containing its own building. The site, however, is being viewed as if there were no property lines separating these particular uses with common access and common parking features for all of the four sites. The overall parking requirement for this combined 34,228 sq. ft. complex is 188 parking spaces based on a retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area. The plan shows 242 parking spaces for the site. We consider this site as we do Brookdale, meaning that the total complex meets the parking requirements even though one individual site might be deficient. Up to 15 percent of the total square footage of this complex can be utilized as restaurant space without having to provide parking on the basis of seating and employees. This amounts to 5,134 sq. ft. of restaurant space allowed. All driveways servicing the parking areas meet the minimum standards of the zoning ordinance. It should be noted that the, access on Brooklyn Boulevard is subject to a driveway permit issued by Hennepin County. It is our understanding that the County has agreed to the proposed location of this driveway. GRADING/DRAINAGE/UTILITIES 5 -30 -02 Page 5 The applicant has provided grading, drainage and utility plans which are being reviewed by the City Engineer. All storm drainage will be collected in catch basins and be conveyed under ground in a new storm sewer system. It will be directed to a regional storm water drainage system to be located in the Palmer Lake basin. There will be no on site retention pond in this development. The drainage plan has previously been approved by the Shingle Creek Watershed Management Commission. The site is to be bound by B612 curb and gutter around all parking and driving areas. Concrete.parking delineators should be added to the ends of parking rows at three locations in the parking lot, north of the 21,500 sq. ft. building and south of the 4,230 sq. ft. retail /restaurant building. The buildings will tie into city water and sewer utilities running in the vacated June Avenue. These utilities have been reconstructed in this location and the large multi - retail building will be served by sewer and water from this location as well as the 4,230 sq. ft. building and the Culver's Restaurant. Sewer and water connections for the gas station/convenience store will be tied into 70 Avenue. The City Engineer is reviewing the drainage, grading and utility plans and it is anticipated that written comments will be submitted with this plan. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. This 5.6 acre site requires a total of 370 landscape points. The applicant proposes to meet this requirement by providing a variety of plantings including 81 deciduous shade trees such as Norway Maple, Littleleaf Linden, Swamp White Oak, Patmore Ash, Autumn Purple Ash and Imperial Honeylocust; 41 coniferous trees including Colorado Green Spruce, Black Hills Spruce, and Arborvitae; 39 ornamental trees including Serviceberry, Crusader Hawthorn, Flowering Crabapple and Japanese Tree Lilac; 84 deciduous shrubs such as Bush Honeysuckle, Dwarf Winged Euonymous, Red Twigged Dogwood, Annabelle Hydrangea, Emerald Mound Honeysuckle, Alpine Currant, Spirea, Dwarf Korean Lilac, and Shrub Roses; 26 coniferous shrubs such as Sea Green Juniper, Savin Juniper, and Taunton Spreading Yew. They also propose various perennials throughout the site. In addition various landscape materials in the roadway portion of the project and at landscape, nodes at 69` and 70 " Avenue will be provided in cooperation with the City. The total points for landscaping on site counting all of this landscaping would come to 1,170 overall. Points applied based on the point system distribution method give the applicant credit for 447 on site landscape points, well in excess of what is required. The plants are generally dispersed around the site with a mixture of shade trees and coniferous trees along the east boundary line with the abutting residential property. Island plantings include ornamental trees and shade trees throughout the entire complex with boulevard trees along 70` Brooklyn Boulevard as well as 69 ' Avenue. The applicant will be working with the City in providing landscape nodes at 69 "' and 70 Avenue. These are to be decorative features which coincide with recommendations in the Brooklyn Boulevard Amenities Study undertaken approximately nine years ago. This area of Brooklyn Boulevard is subject to a current County widening project and the City has coordinated the 5 -30 -02 • Page 6 landscape amenities with this construction. Heavy landscaping will be placed at the corner nodes. Colored concrete pavers will be installed along with ornamental iron fence and ornamental benches. Landscaping including shrubbery, ornamental and shade trees will also be provided. An asphalt trail along Brooklyn Boulevard will connect the two landscape features. Ornamental pedestrian light fixtures are proposed in the right of way area as well, which are consistent with the Brooklyn Boulevard Amenities Study. Underground irrigation will be provided in all landscaped areas to facilities site maintenance in accordance with the requirements of city ordinances. BUILDING The applicant has submitted building plans for two of the four buildings, Culver's and the 21,500 sq. ft. multi -tenant building. They are proposing to utilize matching materials and design components to make for a unified commercial complex which is made up of different users. All the materials will be basically the same for all of the various buildings. The Culver's building will be a rock faced block with a modular brick look, colored Isanti Blend. The fascia will be a buff or tan color with a blue standing seam metal roof. Windows are indicated on the east, south and west elevations with blue canvas awnings. A drive -up window and drive lane is shown on the west side of the building. It is recommended that the combination iron and masonry fence be continued along the greenstrip area to break up the effect of the drive lane on this side of the building. LIGHTING /TRASH The applicant has not submitted a lighting plan as yet. The previous plan intended to use 25 ft. high freestanding light poles in the main parking lot area at various locations. Security lighting was proposed on the rear or east side of the large retail building. These were to be wall mounted fixtures directed downward at a height of about 8 ft. Freestanding lighting was proposed in this area on light poles installed in the green strip next to the service drive. Those lights were to be shielded and directed away from the residential area. That proposed lighting plan was well within the foot candle standards established by Section 35 -712 of the City's Zoning Ordinance. Our main concern is that all lighting be shielded and directed on the site to avoid glare to abutting properties and abutting street right of way. The applicant's plan should be comparable to the plan previously approved. The site plan indicates the location of trash enclosures throughout the site. Three are to be located to the east of the large retail building in freestanding locations. These are all to be masonry enclosures to match the building exteriors and will have solid, opaque gates. An attached trash enclosure is proposed for the Culver's building and for the restaurant/retail building. These too will be masonry structures to match the building exterior and contain solid opaque gates. The S.A.site will have to provide trash container information when they submit but it should be a masonry structure compatible with the building exterior and contain a solid opaque gate. • 5 -30 -02 Page 7 PROCEDURE 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. 5 -30 -02 • Page 8 �!' ■r■� ■� �, ■ 1111' "'�.•: ` w i������ - � = �. 11 /1►�.. 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Q" • a 222 North Second Street r �--- • - Minneapolis, MN 55401 liq - - u I Telephone: 612.339.3752 Facsmlle: 612.339.6212 ! i .. i www.bkvgroup.com A g- COMMMM • noxcl wE - - EXISTING BROOKLYN CENTER J - -. —. —. sue r ' o I RUIDENTIAL RETAIL 4P \ - ___ - - - -- / REDEVELOPMENT rw■ i r..u.r,a...r. SITE "- DEVELOPMENT PLAN % ` 1 n - - ----- I \• ANN BUILDING & SITE DATA \ \• _ --"- -' " "- s, �11 1�••4 • -rywnpw YDG TYK OCG CO „. sQ. R. FAAXWG AC �`~ \' (�►"„�� - , 'O I +i1r..�..an.ME•d ~ Edlan. i \\ A C maw ONYEMENOd STORK/ ��- - - - - -- • .rWdb W.dlYVrda cOWMENC WS v” qua Ls As �`� \ •\ o PRELIMINARY r ... Lws As vm 4130 46 m As •` \• \ i I ,' FOR C tLTAL EE vEE 7M a tos Ac ` \• a lR er.r. G,ONSTRUCTION o JALTA& m a 19.5T5 w 231 Ac '\ I I REVIA016 Na OAIf OTAL \ •\ •�• �'~ TOTAL Z, F. TOTAL fARROEG T uEA •\ •�• —• —• —• If.Oif 331 S.fi Ac _ _ • m' r�iu+w Eet _ —•� - i i O TARKl10 ■EQE9RL0 , [WE VY.o1 Ea.c r . r • WWW • :u NORW 00000 �— _ •�• t- cwNwo j u1a ° s+EEE HIr+Es AVENUE NORTH 1 SITE EVELOPI'1 NT 69 PLAN eavroanawutrr- C= .•. �+• •OYO'O o tH w 1 3GALE D 1 -s0 - - '' -s'•f O tO - AO. 1 o p p � o ml ERV Gasp 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 includin g an business or Y industrial uses. Such accessory uses to include but not be restricted to the following: 1. Off - street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35 -355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD- MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD - MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. 35-45 Subdivision 4. General Standards. ` a. The City may allow more than o 0 y y one principal buildin 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 b the develo merit plan. The develop merit Y P P P plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 35 -47 ;- 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 essential) the same location as previously Y p usly 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'permitted'in the present zoning district, with . respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35 -208 Revised 3 -01 MEMORANDUM DATE: May 28, 2002 TO: Ron. Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer _V SUBJECT: Preliminary Site Development Plan Review Brooklyn Retail Center The Engineering Department has reviewed the subject plans for the proposed development. Comments are as follows: • June Avenue between 69` and 70' Avenue has been vacated. The Developer should be made aware that a permanent 60 -foot wide utility easement remains over the vacated June Avenue and that public and private utilities exist within the easement. • The preliminary plat (sheet C6 -1) includes Lots 8 and 9 of LANES BROOKLYN CENTER ADDITION. The final plat should be revised to show only the northern 97 feet of lots 8 and 9. Hennepin County has been sent a copy of the preliminary plat for review and comment. • The City -owned and maintained sanitary sewer and water main under June Avenue has been improved to City Standards. The developer shall be responsible for a portion of these costs as required in the subdivision agreement. • Hookup charges shall be in accordance with the Water and Sanitary Sewer connection charges of $3,000 and $1,500 per parcel, respectively. • The developer will be required to enter into a maintenance agreement with the City. • As -built drawings will be required upon completion. • The erosion control plan shall be resubmitted and include showing only one access into the development, staging, street sweeping, etc. • The storm sewer located along the vacated June Avenue shall be a minimum of 10 feet from the water main. • The sanitary sewer and water connection to Lot 1 and the installation of the storm sewer will require excavation of 70' Avenue. One lane of traffic shall remain open at all times and the developer shall provide traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. A 48 -hour notice shall be provided to the City • before performing the work. The contractor shall be required to provide proof of insurance and the developer shall be required to provide surety for the work in 70"' Avenue. • The Developer shall be required to meet hydrant spacing requirements and any other requirements of the Brooklyn Center Fire Department. • The developer shall check for utility conflicts between the storm sewer and utility p Y services in the June Avenue easement. Vertical clearances on pipes shall meet City standards. • i I • ...____......_ .............. __....... . ..... .........._.__........._._..... BROOMW CENTER BROOKLYN CENTER RETAIL DEVELOPMENT "T"L BROOKLYN CENTER, MINNESOTA C I i Y OF BROOKLYN CENTER M I N N E S O T A r r \ DEVELOPED BY so N * ' \ ----------- ++--- - - - - -- SITE SYMBOLS EXISTING PROPOSED DESCRIPTION 4 ' �. w i i i , I I -�za✓ .�-iza. CONTOUR s 123.4 SPOT ELEVATION eBx 1 • � � i i r_________�s L___________ _________ BUILDING 1 I I p+w - UNDERGROUND STRUCTURE RAILROAD ARCHITECT CONCRETE I — BITUMINOUS PAVING F --------------- — W. CONCRETE CURB ppr / EDGE OF _L_________ � "� _ PAVEMENT SLOPE DIRECTION r �nar, rtrc �8 •.\ // .' \, �... � x —x— — ><--z— GUA F EN CIN G RAIL AIL .{ j �•• w, �____________ ;, I .. ua. RETAINING WALL ' --------------------- ` w. \•• s I ; I TREE -SAVE _ SOIL BORING Nib. DOORWAY SEDIMENT CONTROL FENCE \ o �•. a h I — I — — -- - ' - T -- TEMPORARY SEDIMENT CONTROL LIGHT STANDARD _ 0 POWER POLE 4+--r- a s I FL> NOTE REFERENCE • I - I i I 13 PARKING STALL COUNT e LARGE SHEET DETAIL — J COORDINATE POINT -am _ -____ _ BOLLARD i NOR'fN R ASSQGATES i ~�i.rraa4� r . ur�,y TITLE SHEET CO-1 . ......... 701h Avenue North _ _ _ _ BROOKLYN :: <: �.:.. .:.. � °? .., .. -• _ NB9 �1'OD"f ��69)19 ;:.. _ ,. ..�,,:u, . b >.:. ,. _. ..,...,_ - RIb WL w C I T Y OF h BROOKLYN CENTER M I N N E 5 O T A •e.. F. <.. , D E ® ®� ELOPED OY l A. * " ®® - ' -� � .. . �; .• +« Sr�Aa -'e S � � .... ' ID ^•ter `C �w�s 7 - - • - g ARCHITECT 7 s NORTH 0 SO 00 SCALE IN FEET aJ , T - r�owrr s✓m rrr • , v d ��lrG9..T 4 am. `" }F� � 589 /I '•ll iB90)IBE .. �, •� r ti rrr —•_ —•— , . _ ... t S r.r S89 ' 51'45W Isa/s .r r 69th ,Avg North (Formerly Ca Rd Na _ \ BROOKLYN CENTER RETAIL (FOrmMy Ncs—.. N. "W.. Pool 1)) OEVEIDPNENT _._. ..,. ..... ..... ,.. MY . ... L116ip0 ,. ..... .... COl01YA -CI -I DOC ...- 70th Avenue North _ .. BROOKLYN CENTER _ RETAIL r ;. p �i ¢• . .'. a� '� '� . xa 8 � �, x • F r' i. C I T Y O F BUILDING CSJi1M1 -L 4 RESSTAURANr • I \ t' BROOKLYN CENTER ti x. 3960 SE _ 4230 5F _ FFE !1193 •••� 1 1 • . . y p= r+•' I M I N N E S O T A I @y enoa.m Pwu.a a - eaoov. riu cercrw n - , raa "x ,• $ • DEVELOPED BY ua. w •a i • . 2 7 . FL SOWN BIERS+ •@ w ef. ,ate/ B s r N ,! lr Y' .s O R — — — — — r.P TECT ARCNI \o' 1 %ED RETAIL �-� •L r .P \ >: — 21,500SF a G If D L 8040 — FFE E¢, ° � ° °, ra n t • �- � �,�:c — �_ � - ... «s \ ~ 4 " NORTH 0 30 SCALE IN FEET — C 4 y. •�, " .aq N� n s rim R 9 we �. u�r•w. .rr 4 r� a..,•r a , '. 'j 69th Ave. North (Formerly Ca Rd No 130) BROOKLYN CENTER RETAIL __.. .._. DEVEIAP P D R R .... RLLYI —I M CDN1 GALDIND O Pl- .......... ._.... ,. .. ... Y•...., ............ . .. .� ._.. :: i , ....... .. _. AM [R0.9g110L PLAM w 6 amr PuA C3I _._.. „ 70th Avenue North BROOKLYN �P CENTER R1�T"L arum 4 C I T Y OF BUILDING C3B00 -L RESTAURANT BROOKLYN CENTER 3960 SF g 1270 SF t i M I N N E S O T A b b nw a. .. P.r ®® DEVELOPED BY w`xxssOrn • ..... Pan fETr4E V( n~ ._�..... 00 /. •SOWN WEPS .. .._. "... VIM— ARCHITECT r Block MIXED RETAIL - - - -- I In 90 4 NORTH v - - - -- w 0 00 Bo tflO, 'v - ° - - - -- V'd .. a, «.... I . ....... �L o - - -- SCALE IN FEET 0 ..ram ..a .a ..rn....,.. �. a..r ._ 4J _a rASSOCIATES - 69th Ave North (Formerly Ca Rd Na 130) _ ..... ... .. ....... ... ...... ... ........ .. PRELIMINARY ...... -,,,._ UTILITY PLAN. _. �A emr .. ow1PA C4 -1 ......_ _........ ......_. ............ . ......... ......... ....._. _.......... ............... ............_.._..__._......... . 701h Avenue North ) BROOKLYN CENTER RETAIL _. - - — r u _.._.._ - -z - -------- - - - - -- - = - - -- 1 �._.._.._. CITY OF j j BUILDING C3800-L I RE5TAURANT _ I j BROOKLYN CENTER J96p 5F _ 42305F f l FFE 10.15 I I % FFE 10.15 1 I 6 ' I I M I N N E S O T A DEVELOPEO By 1 I 2 I r a* "fir 1 I - :• Iro' ]. ro' .a — — — ? �.I a . 15r �e+ff,2 .. v ra• \ \ \ I I 1 I L.._.._ J _ I I ARCHITECT i B ' IOCk — _ I %ED RETAIL I k FFE w" I _ NORTH a as ao SCALE IN FEET 'aTPC^ I EMIT 4— Tw a ....... ... 0 —_ .......e I 1 «. 1 - _... _. ... - L•=-- _ �,... . ,L. ASSOCIATES 69th Ave. North (Formerly Ca Rd Na 130) _:..: BROOKLYN CENTER RETAIL __ o EV evewFreNr PatuWR.aT alit nw • i • r _.... _. ..... _.... .... _.... ........ . ..._... ..._.... ____.......... � CO RNER ENLARGEMENT SEE SHEET 1-7.3 L7 Z] aYN a ROO CTsNTg SOD RETAIL NRm "K" C I i Y OF -�: BROOKLYN CENTER M I N N E S O T A b. T�E>pNGRTn SYMBOL pVtl1T ttPE /POYENTNL SPE—LIST vn CEk *Ewu F777T q-1 SOD DEVELOPED SV Q OEODUOUS SHADE TREES 2 -t7 W. uIN. ♦ . NORWAY MAPLE NPM LI L TRELEAF LNIDEN O YrnNEM SWAMP WH TE OAn O OuNwY Emlw AUTUMN P qm EMH PeunP' L A ° "'k A LXiPLE ASH FruYWEAmEriwr.AUBmn PUWN' v - w N.4u IMpENAL HONEYLOCUST nnji w O ORNAMENTAL TRESS- t-CAL.MW. _ _ SE �EBEARY N ® A IER —D T CRUSADER HAWTHORN 'LO wPwYCIUY"m WERIN6 CMBAPPLE .IAMPArtESETREE—C ARCHITECT �Eg CON —OUS ��IIM caLGRAGG GREEN 3pRUCE = - ATB�VITAE W. 0 DECIDUOUS SMiUSS. a POT - -_ •` -^`._ BUSH NONEKUCnIE _______ , - �- .T % C� :�% OD IEnYluu l"ncN F WYIGED EUONYMOUS ' -- — EumYUM.PWU. L"npeci.' - iY - w RED IWIGGEOOOGWOOD - -- ° -���� Cawsrw�9MYt __ HYDRANGEA E A HprNgAa - ONDn EIS—E' = _ MERALDMOIwO HOrsuCNLE ALL DISTURBED AREAS TO BE SODDED. - lmoM. =. CY W AtPwE CGRMNT ALL LANDSCAPED AREAS TO HAVE UNDERGROUND, - -- �_ s py M ' m " AUTOMATIC IRRIGATION SYSTEM PER CRY ORDINANCE. mYARP KOREAN LEA- GENERAL NOTES: 3RNO. m.r.n WMwW " . — R R — _ AB O• CONIFEROUS SHRUBS. Q POT SAWN IUHWER _ _ SOD lunpNY.uMP - __ TAUNTON SPREAOWG YEW SOD - TwEarrNtlY Aro f f pERENNIAU LANDSCAPE POINTS REOUIRED _ _ - `�VJVVJ Bucu ErfD SUSAry 2,00 ACRES ®fiO POIN7S/ACRE 160 POINTS {, RWMNVY IUrd'G"NEYUm 3.62 ACRES 60 POINTS/ACRE 218 POINTS AUNAw XYY SEDUM TOTAL SITE AREA ACRES 378 POINTS S.aum.'AwmnM •' AmNVeB. p. 13 • 3n "•^Rtl-' am�N^tl LA PROVIDED DECIDUOUS SHADE TREES 81 @10 =810 POINTS CONIFEROUS TREES 41 Q6 = POINTS ASSOCIATES D ORNAMENTAL TREES 39 m 59 POINTS CORNER ENLARGEMENT SEE SH L7.3 SOD DECIDUO US SHRUBS 840.5 = POINTS CONIFEROUS SHRUBS 26 � = 13 POINTS I.r A.wr • A ,L,.b LANDSCAPE POINTS PROVIDED = 1170 POINTS 310 %ABOVE REQUIRED " PLANT PALETTE: LANDSCAPE ORDINANCE CALCULATIONS: CONCEPTUAL LANDSCAPE DESIGN: O 18 CONCEPTUAL LANDSCAPE DESIGN NORTH - omLBA Ll-1 CDNd1nNS RFUTmc i, ED fNn UFE nwp #IRR�R wIMR. i ^xf DIECEdv[F<rvdawt(AMS ^invs. LYn EDVn,mNS D sLAB. CU0.e.E1C WSDI eHUW su. EfDnr.mtx iR.u. PRCnK1EDSM Wnu,r�HUVr N)DSEEp fENLLaz W sHALE eF Ct corvtRACi[MI5¢ESrt)v51.lE f(M DN.LDINC)nuvrErvnl�(x µl III RRYIAYfwiAND NY DWNN x„, M WN ND¢gvLiulM H LR DFDDH,F55DINERWR DHD. CDN,(wRSR R WmeE uvui IUnuD.FNx o WRA •° BROOKE [NADE mF DENLN nr lvrfvilX filf ni(AERf r �� ¢EALIA, nu W0.ARYVG .11. ER ° prviRACr(M CON 9M1 5nnll 1HF �M ER WI,H EWNELLENAELCE wi. D� D „E , E p ;y , �„ W F WEAK mFXm H H.ESr pTDi ­ND A��DUl=IE.EDAIEiIIIINI EpDrtI1. RE -IANe TD..FUNINL.- ILDIAT.I._= �S. tm�NYIwFEp CENTER AN— LwRNINp,Hfw(MNDRN 1FRD5 �. RIM.LpL wlrnlNl¢RDtx txDMD N . DRdAWAr o R w RcDW. dEPSx FNR H AND EALENDAR AI11 THE - If D,1 NR,X�EPT„N� ` RI�TAIL 'AR n eER. TwEEpR RFER UN N iER„ 5 DEiDS ,Em I.ERdNDnl�,cl, M;Iwo "w:R`E° " °.t "�E.E�; t, w pEE.H�pDFDHRpWxm RE H ICI S ArwN >ti)A11— HNDnfO CRAE -LIEN MwF �n D HfO CRApINC rDN dx.Ferpmles "Iw —I ' us e,�s`s`iaic:,iii sr:E wECEOf°�nE�"""cES snFtopfD nnFDw(xm "�u1 c.I wlm fN>s.FEDwFIfF. F ' .ELINS FNMDAE,p ,.DFA¢ANCD. N),FDE w aE. OIFA C— IR ER.IAH)rtNE AD,—. C I T Y O F REAwN RIwcHR(n, sYSDA.Sfx AN. do,INL IREDm ' NFAIDNE DEng Wd,DAND DAAwuDtMRUee AWrERw HdM,()AN. ANDNLpndNC wE wl srARwc(NrtnN, n FD UF�u " osEtuviD °Aftr,`sc'F:,'"F.,:nFR`D,., BROOKLYN CENTER AID uRRR:unER ANDrnnER R lnL SU.sD Ud,NS wE1 PE.XCIPDDU:¢Ess sHDP DRnwwLS. iHE,wE CRtwxD HAS Ti,,SwfprD NNE,s. M I N N E S 0 T A THT, IN ILN DD , REM afs,tD ( » lnNpX.SnAw<nlrfct RY r .c)EM PRNM ,D 1nF sueuESSxw I. mm�NpRM af:Is tnNM EY n0.cnntcr(x w.N "NVFSKiN,NANDwF.S Hr %n ii .uawuNC uuDlDn._ H =.. "APPP""RO`�D:R. 1. afnl ,nNSN Trvt UVpxut.SxctirE[r PRNMm w'utN1 ,¢E Ursr (ieul. IN ARCwrF[r NTA,usi eF nPJRDVfp IN wnTRVCer mElnrosGNF I= DE a fwu. AN DEVELOPED BY A HAND DAM RIA —All ME SUeRCT IT) A1111n 1cElwptD rD UvpsCAEE IIIIAL,Nw tAN_AAC"u fc Tm eE NTI_.. tnnvpEp.,nf AeurHVCeuxMrvc HmN.ARI rtr ARDDN. nrvp . DICILELATU APHOWED11DA. cnffw¢Cixf11 Nctwµnvn¢Nl novel eE wSUlurnN wlH, prnER d YN. veh MnIGM)nX DUEF nmR(MRUrF r HE e0.DEC, m5'SEAIPRIwEDINW0.1lwe BYME UZ ' ' GR.SDING W)iES NDrveA""'� HAIF'N"AMMLErE11 µ SDECDNdrnvsnvD i<)PIAx, nuif0.ul GREriv,H RElxWG1EVIS AncnDFCT. III re wNw,FdniFARfw Ix IR ID I. THE DID 1-111 WIEN. rr IDIII sSUC[R. rc)N NI SELfCDDNS,XMt DLNd[Na5(Mµ D sHULMwsrutFpnvD uL PlnNle,u Bk lN)InILD RnNTff HENVDMwL,E1ESE o0ULD_fAP LATELY AIIII ­­ I D, rnutcHED ns HRAINd>r srt¢ ! rtR Plu+,wLd,naS. uXE.,ECr Isµm 1. DIRECTED .1 tANOXMR MCHDFC,IM I YN A v¢¢MrDPRIA—ALENI WStµU1nN WNAwd D #n I.,I IDE. ARE W nv�SUrt. xOMLf. o`er w(MDSfp ­1 wIM dISTIVGLRnDE NtODIHERWNE SfmuL 50.EAS DIS,uRUDd #,()c0.ndNL DNITE (x p NRf�D EDR Ill-NE. i —DING I.. s NE MFR ERNrri GENERAL NOTES: - Plurs ArEM nuNUnE nND mPNtlssv+a w,worEnFNrs. TNw Df nlL UN HIR PROPER p¢uN"cE"T"NDAREwND r„F"ve "Ofp) "i S 'ape a Axf ARCHITECT WKS ' _ a IUEPNSfE SPCCS.V�%LJIS SEE R EDGER .5F1 M. ,�"yb 4 � TEXT WRiS $%PLAN ..,- a _ : ak.N l �.. e: 5 I"`n^'d7n"'m ^ I pp T •'n. ' 5 ' :t 51'DEPTH WRNT LOAM PLANTING SOR -H r LOOSEN ROOTS OF E � x i ,•. f ••... ..; F.. ,... :� :: - .._ -:. PIANI MATERIAL PRIOR �.`.`.C• � � ^L TO PUNTING LI ' ORNAMENTAL METAL FENCING WITH BLOCK COLUMNS ELEVATION �2 PERENNIAL PLANTING J L1 2 L7.2 swLY..lo °RDREf.p .E_ • rr PR K �� nfDNFS TAND RD � . .N 111-- ANDLA.ELw1 .. D E,sIYLN .A. LoosENROOnaAu suDVrucuvc uNE rtR NFF. IO PLAN COMN lo no PTANIS. wvE 1fY MRN, Ha P PP1. m sl D OF • •�•• ! SHRUBS TO BE R.YCF050 THAT TOPf%CONTNNERSHSPLUSH -- WITH PROPOSED GRADE Z ROOT N1 MUICM)'DEEP - SR SPEC qq LANDSU FNRC - SEE W. Dr[v.5an XF PUry qj EOGIC MnTERK- ME SPEC ASSOCIATES EDGE VARIES. REM TO PUN F r AgUHpm SURGUIX �C; w x�l¢R �I.y � oNiw# pRURESrpxslelfrce YE SRC. _nF x ' gMe wL rtRCOUIxn uTFS Prtne TD �' S' -h� 1 PLANTING S[NL� dnreu NPpoR tMNNnefdms BIIRDINL WALL DYP) PLANTING Nom ^ AND DETAILS O4 DECIDUOUS TREE PLANTING DETAIL "I SHRUB PLANTING DETAIL U.2 XNE12.1„ _ U.2 X.EEER.I. PLANTING DETAILS: FDafRA U - 2 • • • =_ % IN _— — — — 70TH AVENUE BROOKLYN ORNAMENTAL IRON FENCE WIT, BLOCK PIERS CENTER - - - RETAIL "� -- • - - -- -- - -- _ - -_- �� BROOKLYN CENTER M [ N N E S 0 T A — ° -_ — ` ACCESS RAMP • — _ - — — _ — .vx cenrea - _ -- — DEVELOPED BY A U O ti EVELOPM TANAGE EE RC TURALP - i` OG� '�✓ — — - — — x ; — - - --- E - - -- — 1 E N — — _ r — — w.. ORNXMERTAC °_—._ _— _ _ _ n: •x4p ORNAMENTAL PEDESTRIAN LIGHT FU(TU B/P E NIALMU _ — — - - ARCHITECT A ALT TRAIL _— — — — — OLO D C CR NO ORNAMENTAL IRON FENCE WITH BLOCK PIERS ACCESS RAMP • • — — — .�-- "—�: -. CMU BLOCK RETAINING WALL _ _ .... C , ORNAMENTAL STREET LIGHT O'O ® 69TH AVENUE — — ENLARGEMENT BROOKLYN BOULEVARD d69TM AVENUE: O 0 S ^10' 2W — 9T ENLARGEMENT BROOKLYN BOULEVARD d 70TH AVENUE: ASSOCIATES MONUMENT ENLARGEMENTS olola• L1-3 . i Member introduced the following resolution and moved . its adoption: PLANNING COMMISSION RESOLUTION NO. RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -006 SUBMITTED BY WESTBROOK DEVELOPMENT INC. WHEREAS, Planning Commission Application No. 2002 -006 submitted by Westbrook Development, Inc. proposes rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located to the northeast quadrant of 69' Avenue North and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and site development plan approval for a 34,228 sq. ft., four building mixed use commercial /retail development on the above mentioned site; and WHEREAS, the Planning Commission held a duly called public hearing on May 30, 2002, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development • request in light of all testimony received, the guidelines for evaluating re- zonings 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 -006 submitted by Westbrook Development Inc. be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under this Planned Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. greenstrip along the Brooklyn Boulevard and 70' Avenue North rights of way in the location of a • proposed convenience store /gas station/car wash; and to allow parking and a RESOLUTION NO. • portion of a drive lane to encroach in a 35 ft. buffer area located along the east side of the site. These modifications from the C -2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved site plan. 4. The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating re- zonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2002 -006 be approved subject to the following conditions and considerations: r 1. The building plans are subject to review and approval b the Building J PP Y g Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all driving and parking areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. All buildings shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. • 2 RESOLUTION NO. • 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9.1 The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The plans shall be modified to provide: a. Concrete parking delineators at the end of parking rows north of the 21,500 sq. ft. multi - tenant building and south of the 4,230 sq. ft. restaurant/retail building. b. A continuation of the decorative iron fence with masonry piers in the • Brooklyn Boulevard greenstrip adjacent to the Culver's Restaurant. c. A lighting plan consistent with the requirements of Section 35 -712 of the Zoning Ordinance. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 14. Trash pick up and truck deliveries on the east side of the multi- tenant building located adjacent to the residential properties to the east shall be confined to the hours of 8:00 a.m. through 5:00 p.m. 15. No building permit will be issued for construction of any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2002 -007 has been given final approval by the City Council and filed with Hennepin County. 16. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the • 3 RESOLUTION NO. • issuance of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C -2 underlying zoning district as well_ as all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 17. Approval of the PUD comprehends only conceptual approval of the Super America gas station/convenience store /car wash. Plans shall be submitted for Planning Commission and City Council review and approval. The layout shall be such that the car wash is not located adjacent to Brooklyn Boulevard. • Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member thereof: and upon vote being taken thereon, the following voted in favor and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4 r Application Filed on 5 -2 -02 City Council Action Should Be Taken By 7 -1 -02 (60 Days) • Planning Commission Information Sheet Application No. 2002 -007 Applicant: Westbrook Development, Inc. Location: Northeast Corner of 69th Avenue North and Brooklyn Boulevard Request: Preliminary Plat The applicant, Westbrook Development, Inc. is seeking preliminary plat approval to subdivide 5.6 acres of land at the northeast quadrant of 69"' Avenue North and Brooklyn Boulevard into four lots for the purpose of constructing a four- building, 34,228 sq. ft., mixed use commercial /retail complex. The property under consideration is the subject of a Planned Unit Development rezoning and development plan approval under Planning Commission Application No. 2002 -006. It is bounded on the south by 69 Avenue; on the west by Brooklyn Boulevard; on the north by 70` Avenue; and on the east by a line lying 150 feet east of the June Avenue right of way between 70` and 69 Avenues. This property is currently made up of 13 parcels or portions of parcels zoned C -2 (Commerce), 12 parcels of portions of parcels zoned R -1 (One Family Residence) plus June Avenue right of way which has been vacated and lies between 69`' and 70 Avenues. This land was formerly occupied by single homes and various commercial establishments that have all been acquired by • the City over the past seven to eight years. All of the structures acquired have been removed. The current legal description of these properties is Lots 8 through 14, Block l; Lots 1 through 5, 9 through 14, Part of Lots 6 through 8, and Part of Lot 15, Block 2; Lanes Brooklyn Center Addition. The proposed plat would create four separate lots to be known as Lots 1 through 4, of a yet to be named subdivision. Lot 1 is the proposed site for a Super America convenience store /gas station/car wash and is proposed to be approximately 52,768 sq. ft. (1.21 acres). Lot 2 is the proposed site for a 4,230 sq. ft. restaurant or retail building and is proposed to be approximately 38,629 sq. ft. (.88 acres). Lot 3 is the proposed site for a 21,500 sq. ft. multi -tenant retail building and is proposed to be approximately 100,562 sq. ft. (2.30 acres). Lot 4 is the proposed site for a 4,538 sq. ft. Culver's Retaurant and is proposed to be approximately 52,960 sq. ft. (1.21 acres). All of the lots exceed the minimum requirements for lots in a C -2 (Commerce) underlying zoning district. Each lot abuts a public street and has direct access, or shared access, to that street. The plan comprehended under Planning Commission Application No. 2002 -006 contemplates cross access and cross parking over the entire development. Appropriate agreements acknowledging this fact will need to be developed and filed with the title to the properties. The City, for purposes of this proposed development, considers the site to be a single entity. As mentioned previously, the June Avenue right of way has been vacated with the City • 5 -30 -02 Page 1 i. retaining a 60 ft. wide utility easement over that same area. Existing utilities such as sewer and water have been upgraded and continue to exist in that location. The final plat should show this 60 ft. wide utility easement. • The preliminary plat shows an appoximate 40' x 150' jog in the south property line of the proposed Lot 3. The jog should be eliminated and dedicated as right -of -way. The City Engineer is reviewing the preliminary plat and will be making written comments which will be attached for the Commission's review. Copies of the preliminary plat have been forwarded to Hennepin County for their review because Brooklyn Boulevard is a county road. This plat is more than five acres in area and was subject to review by the Shingle Creek Watershed Management Commission when Ron Christenson proposed development approximately one year ago. No on site water detention is planned for this development as water will be sent to a regional facility located in the Palmer Lake basin area. The particulars of that plan were approved by the Watershed Commission about one year ago. No further review by the Watershed Commission is required because the plat and the development plan are substantially the same as that approved by the Watershed Commission at that time. 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 No. 2002 -006. 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. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2002 -006. 4. Appropriate cross access and cross parking agreements, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The 60 ft. wide utility easement remaining after the vacation of June Avenue right of way shall be shown on the final plat. 6. The plat shall be modified to eliminate the jog in the south lot line for the proposed Lot 3. This area shall be dedicated as right -of -way. 7. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2002 -006 shall not be issued until the final plat has been approved by the City Council, and filed with Hennepin County. • 5 -30 -02 Page 2 Room snow 1 � •.• � : ' � ■1 /� 1111 / 0,%0 / /1 / /i, ;:"� �d ■ i AI 11111 �� , , uu� +� : ; p 111111■ 111 FA IN ME 1111111 �►� � � ,� ♦ �� 111 .. ■■ ■�■■ � .: /1111111 :1111► ■ —� - . / / !i ■t1 1111 /1 ,■,.. 11 �.� �: 111111111 .■,e11111- i MAP Em ���r�r■ •� � ••� .T ;�•; ter• �i•��: . 1111111 .. .. • ■ .n ' ,��, ,.�. ,1 /►� .. 1111111 �,.� C ■ ��,.� d���1�s�/� „ .. 111111 � • �■ " .- � X1111 :, ■1�� �i�■ � .. 11 11111 : : •' W , �ir•�� /t. • � � i�f � �, � � �- ILA - 1�1�11111111 ■ .. ��� ■ii 111111► � � ' � � 111111 ■ ■1 _ X1111 11111 ,011r1'1.t r��,� ,�• x11111 OR r r�u��r r rr 11 111 •���. - 1111 �� 111111 111 1 ' �� I L 1.1 111! 1 '�� ' 1111 ■■ 1■ 1 ■ "' ��Ii11��1111/Ii�1 : s • � 1 11 11111 ►i ■•� �� � 1111111 11'.. •� ♦�•► ♦•�� i 11111 11 ♦ 11 1 111 111 It .� �.dl�;1i1► ►��� �►� 11 � 1111 1� 11111 ; �/1 / /.. ♦��� ��, � �� 1111 1 � ' ,'�� � � �► �,► .... � 70th Avenue North BROOKLYN . _ _ r .. , NB9 » E 69)29 °50-us. 6 .s :sp .N69 * 42'00 - E 59778 , CENTER nB E} ND RETAIL r -- - - --- - -�- - - - - -- - - -- - - - - -- t - .per. 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M'rnnespl0 55369 ` ` \`- :: i. � — — — ADDITION, He epn Counlr, M�nenola. \ I nn 1 Cily pl 9.00k P Cmlar izoD l Suds 300 6301 Sgla C-1, 6n — Sroosy Cenla. M»»,note 55430 °Q s Dm i Ox Mp xaox • `� j�47 Sb9 ib (! llpp I 1 — weal nl'on A La pWplsm Ea. q - Lx ,�` Jz ✓ - ' Q � I ' ; L., ..«« x+.. ... 30b0 WpoCp Y of.e Tol z,e acreage. +/ 5.63 Acran _ \ '• _ { i 6 r a 1p 551x5 - ASSOCIATES k M T <. 589'51'I5 'W 150.13 J _.. ... W»,.u..as s u n•w 69th A . /North (Former! Co. Rd. No. 130) .. .......... ...,. ..,. ., ,,, ,. . .. ...... _... ..... ...._. � RO YN CENT AI R OKL ER REE L °• '�PaiNMy HCSA.N No /JO. %01 ?7) DUEL PRELIMINARY ... ... .i.... PLAT C6 -1