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
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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
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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
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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
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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
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SPOT ELEVATION eBx
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_. - - —
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SOD RETAIL
NRm "K" C I i Y OF
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M I N N E S O T A
b. T�E>pNGRTn
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SOD DEVELOPED SV
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NORWAY MAPLE
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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 - __
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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
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i
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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
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SEE R
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,�"yb 4 � TEXT WRiS $%PLAN
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pp T •'n. ' 5 ' :t
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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
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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
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