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HomeMy WebLinkAbout2013 06-26 PCP Cite of BROOKLYN CENTER PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER June 26, 2013 1. Call to Order: 7:00 PM 2. Roll Call 3. Approval of Minutes—May 30,2013 Meeting 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. Planning Application Items a) Gatlin Development Company Planning App. No. 2013-005 Property Address: 1300 Shingle Creek Crossing PUBLIC HEARING - PUD Amendment No. 4 to the overall Master Plan for the Shingle Creek Crossing Planned Unit Development (dated August 2012), which includes removal of the 169,555 sf. former Brookdale Mall "Food Court"building and redeveloping this same area with six (6) new individual retail buildings. The PUD Amendment would allow the reduction of the previously approved net leasable retail area from 150,591 sq. ft. to 132,200 sq. ft. of retail space. b) Gatlin Development Company Planning App. No. 2013-006 Property Address: 1300 Shingle Creek Crossing PUBLIC HEARING - PUD Amendment No. 5 to the Shingle Creek Crossing Planned Unit Development Sign Program, specifically to allow nine (9) monument type signs on various commercial pad sites within the Shingle Creek Crossing PUD site. C) Economic Development Authority Planning App. No. 2013-007 for the City of Brooklyn Center Property Address: 6250 Earle Brown Drive PUBLIC HEARING - PUD Amendment to the 2007 Brooklyn Hotel Partners LLC/Embassy Suites Planned Unit Development project, which would allow the reconfiguration and approval of a new 4-story, 81 room Candlewood Suites on the vacant development site owned by the City's EDA. C!!r of BROOKLYN CENTER PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER June 26,2013 Page 2 d) City of Brooklyn Center Planning App. No. 2013-008 Property Address: 3955, 4001 & 4007—691h Avenue North PUBLIC HEARING - proposed Land Use Amendment to the City's Comprehensive Plan to change the three addressed properties listed above and consisting of approximately 1.76 acres, from SF-Single Family Residential to RB- Retail/Business (Commercial) for the purpose of expanding the Honda Dealership, located at 6800 Brooklyn Boulevard. 6. Discussion Items a. Upcoming Planning Commission Items (July 11, 2013 meeting): i. Site and Building Plan and Special Use Permit for new Luther Volkswagen dealership—6801 Brooklyn Boulevard ii. PUD Amendment and Rezoning of the three lots to be incorporated into the new Luther Auto Brookdale Honda site 7. Adjournment MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA May 30, 2013 CALL TO ORDER The Planning Commission meeting was called to order by Chair Burfeind at 7:02 p.m. ROLL CALL Chair Scott Burfeind, Commissioners Randall Christensen, Benjamin Freedman, and Stephen Schonning were present. Also present were Councilmember Carol Kleven, Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Carlos Morgan and Michael Parks was absent and excused. APPROVAL OF MINUTES —MAY 16, 2013 There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to approve the minutes of the May 16, 2013 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Burfeind explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2013-001 — PANDA RESTAURANT GROUP, INC./HSB ARCHITECTS 1520 SHINGLE CREEK CROSSING Chair Burfeind introduced Application No. 2013-001, site and building plan approval of a new 2,210 sq. ft. Panda Express restaurant facility for Building C site as illustrated and planned under the 2012 Shingle Creek Crossing PUD Master Development Plan. (See Planning Commission Information Sheet dated 5-30-2013 for Application No. 2013-001.) Mr. Benetti provided a background on the development taking place at the Shingle Creek Crossing site. He stated this site was originally planned for a financial institution with a drive- thru service lane. He added the architect met with staff to discuss potential development of this site with a new Panda Express restaurant and as part of the PUD Agreement, any new building within this PUD must be reviewed under separate site and building plan review. Mr. Benetti further explained Building C was originally planned to be 9,100 sq. ft. building on a 1.2 acre pad site with 41 parking spaces and as part of the recent amendments No. 2 and 3 approved by the City Council, Building B was re-labeled to Building C and is a significantly smaller building of approximately 2,200 sq. ft. Page 1 5-30-13 Mr. Benetti stated the new Panda Express building is shown with 38' x 56' footprint (2,210 sf.) and parking is located along the front, back and side areas with a drive-thru lane located on the east side of the building. He added the site will accommodate an outdoor seating area and the new site plan layout matches closely with the approved PUD planned layout. Mr. Benetti described how the building is connected to the existing interior walkway systems as part of the Shingle Creek Crossing "pedestrian friendly" plans for this area and is interconnected to the LA Fitness site to the west and the new Building H site to the east and provides a connection for pedestrians up to the walkway/trail system along County Road 10. Mr. Benetti explained the original plans showed a "Panda" mural was too consistent with the Panda branding and logo and would need to be treated as signage, however, the size of the mural would exceed the signage allowed. He added an alternative mural with a "Great Wall of China" design was submitted and staff felt it was acceptable. Mr. Benetti further reviewed access and parking, landscaping, and lighting/trash, and he stated Staff recommends the Planning Commission adopt the attached Resolution No. 2013-03, which comprehends the approval of Planning Application No. 2013-001, the Site and Building Plan for proposed Panda Express Restaurant, located at 1520 Shingle Creek Crossing. Commissioner Christensen stated he would like to see the trash enclosure along County Road 10 adequately screened. Mr. Benetti replied that originally it was understood that all trash enclosures would be inside the buildings and all areas along County Road 10 heavily screened and match the materials used on the building. He added once the building is in place and all landscaping grown, the trash enclosures will be barely noticeable. Chair Burfeind stated he also had concerns about outdoor trash enclosures but feels if it is adequately screened, he is okay with it. Commissioner Christensen asked if there are any concerns with headlights from the site along County Road 10. Mr. Benetti replied neither he nor the City Engineer had any concerns, however, additional landscaping could be required by the Commission. Commissioner Schonning stated he feels it is one of the better drive-thru layouts that he has seen. He added, if possible, could they add a berm along County Road 10. Mr. Benetti replied that berms can be somewhat tricky but it could be a requirement if additional landscaping does not meet the desired outcome for screening. Mr. Benetti further explained he provided a traffic study tonight for the Commission's review and it gave some support with a dual drive-thru lane, however, the City Engineer felt the single lane drive-thru was much safer for getting pedestrians around the site. He added traffic layout and design was a bit challenging on the site. Mr. Justin Cassidy, HSB Architects, explained a single lane would cause issues with emergency vehicles and garbage trucks in the area. He stated he has an alternative solution that he would like to present to the Commission that would widen the drive lane. Page 2 5-30-13 Mr. Steve Manhart, Sr. Transportation Engineer, RLK, Inc., 6110 Blue Circle Drive, Minnetonka, Minnesota, stated he spoke with the City Engineer and has looked at alternatives for the driveway on the site to assure pedestrian and driver safety on the site to address the concerns of the City Engineer. He pointed out there appears to be a dual drive lane on the LA Fitness site. He added it is the driver's responsibility to yield to a pedestrian at all times. He feels there are benefits to the dual drive lane which allows those who wish to drive around to do so while allowing those waiting for drive-up window service the ability to get in line. Commissioner Freedman asked if the only concern with the drive lanes is allowing emergency vehicles can get around the site. Justin Cassidy replied it would be a tight swing around the corner for emergency vehicles and garbage trucks with a single lane which could cause damage to the pavement. Chair Burfeind stated he appreciates the applicant's stand on the dual drive lanes, however, the site has been designed to allow pedestrian traffic from building to building and should be safe for ease of movement on foot. He added he would have a hard time going against what the City Engineer recommends. Justin Cassidy replied that he appreciates the City's stance on the drive lane issue and they will design the site as the City desires. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-03 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-001 SUBMITTED BY PANDA RESTAURANT GROUP INC. & HSB ARCHITECTS REQUESTING SITE AND BUILDING PLAN APPROVAL OF THE NEW PANDA EXPRESS RESTAURANT IN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (1520 SHINGLE CREEK CROSSING) There was a motion by Commissioner Christensen, seconded by Commissioner Freedman, to approve Planning Commission Resolution No. 2013-03. Commissioner Christensen stated he would like a condition added to allow additional landscaping on the site specifically along County Road 10. Mr. Cassidy responded they will add additional low level shrubs on the north side of the site. Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 10, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Page 3 5-30-13 APPLICATION NO. 2013-003—MBC II.LLC (PAUL HYDE) 4821 XERXES AVE N Chair Burfeind introduced Application No. 2013-003, Planned Unit Development (PUD) Amendment of the former Howe Fertilizer Site by enlarging a pre-approved office/warehouse building from 51,000 sq. ft. to 60,000 sq. ft.; allowing a minor relocation of the new building on the subject parcel; reducing certain boundary setbacks; and allowing a small expansion of new driveway/parking areas, which would impact the required buffer areas required under the established PUD/I-1 (Planned Unit Development/Industrial Park) District. (See Planning Commission Information Sheet dated 5-30-2013 for Application No. 2013-003.) Mr. Benetti explained the site was originally approved for a PUD on February 25, 2008 for a smaller 51,000 sq. ft. spec office/warehouse facility with on-site parking and loading areas. He reviewed the history of the site and stated that today the site contains three commercial grade buildings, which are functionally obsolete, vacant and awaiting future demolition. He added Mr. Hyde is currently working with MPCA and US Department of Agriculture in obtaining funds and clearance to clean and mitigate the site and has undertaken a number of these clean-up and redevelopment projects, including the old Joslyn Pole Yard located off Lakebreeze and Azelia Avenues; the Minneapolis Business Center located directly across (east) from the subject site; and most recently the former Lifetime Fitness site. Mr. Benetti further stated the project has been stalled due to attempts to secure all approvals necessary to begin clean-up of the contaminated site. He added Mr. Hyde is still attempting to secure the US Department of Agriculture's approval and is confident he can begin redeveloping the site very soon. Mr. Benetti explained Mr. Hyde approached city staff almost two years ago with a plan to enlarge the building by 9,000 sq. ft. of additional area. He added this would require the building to be shifted slightly more to the east towards Brooklyn Boulevard (Osseo Road) in order to maintain the 50-foot reduced buffer area to the west and the shift would also create the need to request a reduction from the 15-foot setbacks to a proposed 10-ft. setback. Mr. Benetti reviewed the impact on parking resulting from the minor shift to the building, which calls for a 10-ft. setback that encroaches 5-feet into the required 15- ft. setback from street right- of-way. He added the 5-ft. parking encroachment is minor and with added screening measures provided by the retaining wall and landscaping, this area should be well protected and screened. Mr. Benetti pointed out it was noticed on the new grading plans that a small berm is planned with no retaining wall and the wall versus berm matter must be resolved to eliminate this inconsistency. He added staff suggests in lieu of a retaining wall (if not needed), a pedestrian walkway connection be created from the parking lot area to the sidewalk located along Osseo Road and staff also requests consideration of a bicycle parking/rack area located near the front entryway of the building.. Mr. Benetti explained the 2008 PUD Plans approved the required 100-foot buffer area along the westerly boundary lines to be reduced to 50-feet. This approval was based on the Applicant's proposal to provide adequate screening measures by means of landscaping and an 8-foot high cedar-wood fence. He added the 2008 plan called for a drive lane that had a slight curve inward towards the building along with a "bulge" where the parking area and loading area separate. He Page 4 5-30-13 explained the 2013 Plan indicates the roadway comes straight into the site from 49th Avenue and provides enough movement to and from the loading dock space Mr. Benetti stated both plans call for an 8-foot high cedar wood fence in the buffer area to provide protection and screening from the adjacent residential neighbors. This new fence would begin just south of the intersection of the 491h Avenue access, extending down into the site by approximately 120-feet, then tie into an existing boundary line fence on this property. He added the plan shows the existing fence to remain, however, staff feels the fence is in poor condition and is requesting the entire westerly boundary fence be replaced with an opaque 8-foot high cedar wood fence. Mr. Benetti stated Staff recommends the Planning Commission adopt Resolution No. 2013-04, which comprehends the approval of Planning Application No. 2013-003, the Planned Unit Development (PUD) Amendment to the 2008 Minneapolis Building Center II Planned Unit Development Project. Commissioner Christensen asked if the area proposed for the fence will contain a berm? Mr. Eitel replied there is a berm on the north side of the property and the fence located on the west side does not sit on a berm. He added proper screening (8 ft.) is required between residential property and Industrial zoned property. Chair Burfeind stated the Commission has studied the Brooklyn Boulevard corridor and he is happy to see the 10 ft. setback to allow safe pedestrian traffic along the Boulevard. PUBLIC HEARING—APPLICATION NO. 2013-003 There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to open the public hearing on Application No. 2013-003, at 7:533 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Mr. Tim McLaughin, 3129 491h Avenue N, stated he is concerned the existing fence does not follow the property line. Mr. Benetti replied the city is recommending the entire fence be replaced and an 8 ft. opaque screening be provided along all the residential properties that abut the site. Mr. Eitel added the fence and additional landscaping will be added to the site and will be located on the applicant's property to provide buffering and screening. Mr. Benetti stated the City and Applicant would work with Mr. McLaughin for appropriate placement of the fence and landscaping. CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to close the public hearing on Application No. 2013-003. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Page 5 5-30-13 Commissioner Christensen stated he recommends staff works with Mr. McLaughin regarding the screening and landscaping near his home. Mr. Benetti stated a recommendation could be added showing a revised landscape plan and can be provided back to the Commission for review. Commissioner Christensen stated he likes the idea of adding a sidewalk on the corner of the site. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-04 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-003 SUBMITTED BY MBC II, LLC/PAUL HYDE FOR AN AMENDMENT TO THE 2008 MINESPOLIS BUILDING CENTER II PLANNED UNIT DEVELOPMENT PROJECT (FORMER HOWE FERTILIZER SITE — 4821 XERXES AVENUE N) There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2013-04. Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 10, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2013-004 — SURLY BREWING COMPANY/OMAR ANSARI 4811 DUSHARME DRIVE Chair Burfeind introduced Application No. 2013-004, Special Use Permit to authorize the establishment of a new "Taproom" (pursuant to City Ordinance No. 2013-01 Minnesota Statutes 340A.301, Subdivision 6(c), (i), or (g).) which would also approve the retail sales of products manufactured or processed at a facility located in the I-2 (General Industry)District. (See Planning Commission Information Sheet dated 5-30-2013 for Application No. 2013-004.) Mr. Benetti stated the property is zoned I-2 (General Industry) and provides for manufacturing and wholesaling uses along with some high intensive service uses and truck terminals. He added Surly Brewing is operating as a Beverage (beer, wine and distilled alcohol) Manufacturer and is a permitted use. A special use permit would allow Surly to offer to the general public beer samples with limited snacks and non-alcoholic beverages. Mr. Benetti explained with the recent adoption of State legislation, a taproom license now allows brewers to sell their products on-site instead of shipping to off-site retail uses. He pointed out the brewery facility consists of 23,380 gross sq. ft. consisting of beer manufacturing and storage, an office area, restrooms, merchandise room, and common area, which is slated to become the future taproom. He added Mr. Ansari's diagram indicates the taproom occupies a space of 45' x 30', or 1,350 sq. ft. of the southeast corner of the brewery. Page 6 5-30-13 Mr. Benetti explained the taproom will be open from Wednesday to Friday, 3:00 to 10:00 p.m. and on Saturdays and Sundays from 12:00 Noon to 10:00 p.m. and is intended to be open after the larger, regular beer manufacturing employees complete their shift, which is 3:00 p.m. He added the taproom will be professionally staffed and serve only beer. Mr. Benetti provided information regarding the building and lot layout including: • The building site was constructed in 1961 and has a large parking area to the south of the main building, which is served by an access from Dusharme Drive. The cul-de-sac portion of Dusharme extends almost to the front edge of the building and encroaches into the required 35-foot front yard setback which creates a non-conforming situation. • The current parking lot is trapezoidal in shape which makes a standard parking design somewhat difficult to stripe or lay out. Most of the main employee parking is confined to the outer (southern and western) lot lines, consisting of approximately 26-28 parking spaces, with six vehicle spaces near the main front entryway. The central part of the parking lot is unstriped due to the need for truck deliveries and movements inside the site. Mr. Benetti also explained staff prepared a proposed parking plan layout which includes keeping and expanding the outer parking areas and creating new 60-degree angled parking area in the main center portion of the lot with 50 on-site parking spaces and 19 off-site spaces. He added the brewery has provided tours over the years and parking has not been an issue with the surrounding uses. Mr. Benetti stated Staff recommends the Planning Commission adopt Resolution No. 2013-05 approving the special use permit based on the grounds that the new standards for granting a special use permit have been or will be met and the special use permit appears to be an appropriate and fitting use with the general purposes and intent of the ordinance. Linda Haug, representing Surly Brewery Company, introduced herself to the Commission. Chair Burfeind asked if the taproom might change the number of events that Surly has on site. Ms. Haug stated Surly would anticipate continuing the special events twice a year. Mr. Benetti added when Surly has their special events, permission is granted by adjoining property owners for parking and there have not been issues in the past. He added the addition of the taproom would not affect the other special events they have on the property. Commissioner Freedman stated he is excited about the taproom and asked if there are any concerns with traffic flow since employees will be leaving at the same time the taproom opens. Ms. Haug replied they are open to changing the hours but did not anticipate any issues with traffic flow on the site. PUBLIC HEARING—APPLICATION NO. 2013-004 There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to open the public hearing on Application No. 2013-004, at 8:18 p.m. The motion passed unanimously. Page 7 5-30-13 Chair Burfeind called for comments from the public. There were no persons that appeared for the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Schonning, seconded by Commissioner Christensen, to close the public hearing on Application No. 2013-004. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Chair Burfeind stated he doesn't feel with the numbers proposed there would be any issues with parking on the site. Mr. Benetti replied that people usually come in groups for the tours and events and it is very spotty traffic. He added the owner wants to make sure there are no issues with parking and he is confident he will manage the site appropriately. Mr. Eitel added the City would like to take every opportunity to make sure Surly stays in the city and the business continues to grow and flourish. Chair Burfeind stated he feels having Surly in the City is a huge asset to the City and draws positive attention. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2013-05 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-004 SUBMITTED BY OMAR ANSARI OF SURLY BREWING COMPANY FOR SPECIAL USE PERMIT TO ALLOW THE RETAIL SALES OF PRODUCTS MANUFACTURED OR PROCESSED AT A USE SITE LOCATED IN THE 1-2 GENERAL INDUSTRY DISTRICT(4811 DUSHARME DRIVE) There was a motion by Commissioner Freedman, seconded by Commissioner Schonning, to approve Planning Commission Resolution No. 2013-05. Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, and Schonning And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its June 10, 2013 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. RECONSIDERATION OF A PROPOSED ORDINANCE AMENDMENT TO CHAPTER 34 (SIGNS) AND CHAPTER 35 (ZONING) OF THE CITY CODE OF ORDINANCES REGARDING THE ALLOWANCE OF DYNAMIC MESSAGE SIGNS (DMS) TO PUBLIC PLACES AND USES, AND ADDING NEW DEFINITIONS OF "PUBLIC USES" TO THE CITY CODE. Page 8 5-30-13 Mr. Benetti explained the City Council reviewed the Planning Commission's recommendations at their May 13, 2013 meeting and was favorable toward the recommendation and draft ordinance. However, the Council was concerned with allowing DMS' in residential areas and felt added measures should be incorporated to provide notification to adjacent neighbors through the special use permit review process. He added if the City were to adopt the special use permit process into the proposed ordinance, an applicant seeking to install a DMS on a public use site would be required to submit a planning application, pay a $200 fee and provide a response that addresses special use standards. He added property owners within 150 ft. of the property would be notified of the request for a special use permit to allow a DMS on a public site. Mr. Benetti reviewed the language being proposed amending Chapter 34 and 35 of the City Ordinance and the process for a special use permit approval. Commissioner Christensen asked if the ordinance amendment could state a distance greater than150 ft. distance from residential properties be notified. Mr. Eitel replied the current standards state any special use permit approval requires a notice within 150 ft. of the property when abutting a residential property. Chair Burfeind stated since there are current locations with non-conforming DMS signs, would they be required to go thru the special use process in order to be compliant, or are they grandfathered in and allowed to remain. Mr. Benetti responded that existing signs are grandfathered in but they must meet all ordinance standards including the requirement to remain static for eight seconds or more. He added if an existing sign is being modified other than just changing out the face on the sign or cabinet, it must go through the special use permit process. PUBLIC HEARING - RECONSIDERATION OF A PROPOSED ORDINANCE AMENDMENT TO CHAPTER 34 (SIGNS) AND CHAPTER 35 (ZONING) OF THE CITY CODE OF ORDINANCES REGARDING THE ALLOWANCE OF DYNAMIC MESSAGE SIGNS (DMS) TO PUBLIC PLACES AND USES AND ADDING NEW DEFINITIONS OF "PUBLIC USES"TO THE CITY CODE. There was a motion by Commissioner Christensen, seconded by Commissioner Freedman, to open the public hearing on a Proposed Ordinance Amendment to Chapter 34 (Signs) and Chapter 35 (Zoning) of the City Code of Ordinances regarding the allowance of dynamic message signs (DMS)to public places and uses, and adding new definitions of"Public Uses"to the City Code, at 8:40 p.m. The motion passed unanimously. Chair Burfeind called for comments from the public. Tom [?], Chair of Church Council, Brookdale Covenant Church, asked if existing signs are grandfathered specifically related to the 8 second rule? Mr. Benetti responded all existing signs will be considered lawful signs but must meet all current and proposed standards. Chair Burfeind responded the eight second rule was based on information gathered by staff. Mr. Benetti stated the initial recommendation by the Commission was to go one hour and after hearing from a number of churches, they went from one hour to an eight second rule which is Page 9 5-30-13 typical for the industry standards in residential areas. He added currently a two second rule exists in the commercial areas and staff is considering reviewing that also. Tom asked about the process for approval. Mr. Benetti stated if a favorable recommendation is provided by the Planning Commission, this will be presented to the City Council at the June 10th meeting. He continued there is then a 1" and 2°a reading and could take up to 60 days. The ordinance is then published and 30 days later becomes effective. Mr. Eric Faegere, Unity Temple Church, asked if they are free to work different animations in the sign after the eight seconds. Mr. Benetti replied the message must stay static or stationary for eight seconds and cannot scroll, transition or move. Mr. Faegere asked if it could go from eight to five seconds. Mr. Benetti replied that there was a lot of discussion amongst the Planning Commission and it was Unity Temple Church that requested the eight seconds. He encouraged Mr. Faegere to attend the City Council public hearing if he wishes to pursue the five seconds. Pastor McKinley Moore, Jehovah Jireh Church, 6120 Xerxes Ave, stated they do not currently have a DMS sign. He asked about the Commission's rationale with suggesting the eight second static sign requirements. He agrees five seconds seems more acceptable for the message to remain static and asked for information regarding brightness standards on the signs. Mr. Benetti replied the city has not tested if existing signs meet brightness standards but they feel the signs are okay at this point. He added most signs can be adjusted for brightness and clarity of the message. He also stated the city has not received any complaints at this point and if there were any complaints,the City would respond and ask the sign to be dimmed to meet city's standards. Mr. Moore asked about the limitation of 50% of the sign. Chair Burfeind responded that if the sign is a DMS, only 50% of the sign can be allotted for the DMS part, the rest of the sign could be lighted but the message cannot move or change. CLOSE PUBLIC HEARING There was a motion by Commissioner Christensen, seconded by Commissioner Freedman, to close the public hearing. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF A PROPOSED ORDINANCE AMENDMENT TO CHAPTER 34 (SIGNS) AND CHAPTER 35 (ZONING) OF THE CITY CODE OF ORDINANCES REGARDING THE ALLOWANCE OF DYNAMIC MESSAGE SIGNS (DMS) TO PUBLIC PLACES AND USES AND ADDING NEW DEFINITIONS OF "PUBLIC USES" TO THE CITY CODE. There was a motion by Commissioner Freedman, seconded by Commissioner Schonning, to approve the proposed ordinance amendment to Chapter 34 (Signs) and Chapter 35 (Zoning). Voting in favor: Chair Burfeind, Commissioners Christensen, Freedman, and Schonning Page 10 5-30-13 And the following voted against the same: None The motion passed unanimously. The Council will consider the ordinance amendment at its June 10, 2013 meeting. DISCUSSION ITEMS REVIEW OF THE PUD/C1A ZONING FOR THE EMBASSY SUITES PROJECT AND CONCEPTUAL DEVELOPMENT PLANS FOR A FOUR STORY, 81 ROOM CANDLEWOOD EXTENDED STAY HOTEL Mr. Eitel explained the focus of the item is to reacquaint the Planning Commission with the existing zoning and general development plan for the Embassy Suites PUD, review the site conditions relating to access and the unique features of the pond, trail and relationship to the Earle Brown Heritage Center. Mr. Eitel continued that the process will involve a public hearing to review amending the 2005 PUD and approve the development plans, finalize a resolution and development agreement in order to facilitate construction of a four story, 81-room Candlewood Extended Stay Hotel on the Phase 11 parcel. Mr. Eitel provided a background of the site and an overview of the proposed development on the site. He explained how they would like to incorporate the proposed hotel with the existing buildings and pond around it. Mr. Eitel stated there will be a June 27th public hearing to amend the PUD. Commissioner Christensen asked why "we" want to own the pond. Mr. Eitel responded so the City can properly maintain the pond. CONCEPTUAL DEVELOPMENT PLANS FOR THE REDEVELOPMENT OF 6801- 6837 BROOKLYN BOULEVARD (FORMER BROOKDALE HONDA SITE) Mr. Eitel explained the focus of the discussion item is to review the existing PUD zoning and general development plan for the Luther Honda and Toyota Dealerships, review site conditions and options for fencing, landscaping and screening to the adjacent residential properties and to identify a meeting schedule that would facilitate the necessary approvals to enable construction in 2013. Mr. Eitel continued by reviewing the history of the development of these two lots and stated that The Luther Company has requested an extension to the completion deadline specifically regarding the private improvements including fencing and landscaping. Mr. Eitel also reviewed the tentative schedule for review and consideration associated with an amendment to the Comprehensive Plan, rezoning, platting and site plan approval to expand the Honda site to include three residential lots (3955, 4001 & 4007 - 69th Avenue N). Page 11 5-30-13 Mr. Eitel also reviewed Luther's plan to build a new Volkswagen dealership at 68th and Brooklyn Boulevard. He stated they acquired the old bus company building and Atlantis Pool to expand storage behind the Chevrolet dealership. Mr. Eitel provided an updated overview of anticipated development taking place at Shingle Creek Crossing. There were no other discussion items. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Christensen, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:47 p.m. Chair Recorded and transcribed by: Rebecca Crass Page 12 5-30-13 Cih if C:E:�TER Planning Commission Report Meeting Date: June 26, 2013 Application Filed: 05/30/13 • Review Period(60-day)Deadline: 07/29/13 • Extension Declared:N/A • Extended Review Period Deadline:N/A Application No. 2013-005 Applicant: Gatlin Development Company Location: Shingle Creek Crossing PUD Request: Planned Unit Development—Amendment No. 4 INTRODUCTION Gatlin Development Company is requesting a planned unit development (PUD) amendment to the previously approved Shingle Creek Crossing PUD redevelopment plans. This 4th amendment is to allow for the removal of the 169,555 sf. former Brookdale Mall "Food Court" building and introduce the concept of redeveloping this same area with six (6) new individual retail buildings. The PUD Amendment would specifically allow the reduction of the previously approved net leasable retail area from 150,591 sq. ft. to 132,200 sq. ft. of new retail space. This matter is being presented as a public hearing item. An updated master plan labeled Master Plan No. 4, dated May 2013 is included as part of an attachment to this planning report, but is not intended to be officially adopted or accepted as part of this proposed amendment request. This issue will be explained in greater detail as part of this report. BACKGROUND & ANALYSIS The original Shingle Creek Crossing PUD was approved on May 23, 2011 (which is considered the first amendment to the original Brookdale Mall Planned Unit Development of 1999) and provided for the overall redevelopment of the Brookdale Mall properties. This mall originally consisted of over 1.1 million square feet of retail space, which was reduced by the demolition of approximately 760,000 sf. of old mall space, followed by the planned renovation of approximately 123,242 sf. of the Food Court mall located next to the Sears store; the development of approximately 402,489 sf. of new retail commercial and restaurant uses; and approval of the Single Creek day lighting features. The second amendment was approved a short time later on September 12, 2011, which provided for the physical separation of the food court building from the Sears store; the renovation/conversion of the Food Court's "common area" into additional retail space, whereby the net leasable retail area was increased from 123,242 sq. ft. to 150,591 sq. ft.; the removal of planned Building N between Sears and Wal-Mart; and the addition of a new 6,000 sf. commercial pad site located at the southeast corner of Xerxes Avenue/56th Avenue entrance. The third amendment was adopted on September 24, 2012, which provided for the replatting of Lots 12 and 13 into two newly configured lots; revised original Building Site D from a 6,175 sq. ft. retail building to a new 8,400 sq. ft. building for mixed retail/restaurant use with a drive thru App.No.2013-005 PC 06/26/2013 Page 1 service lane; the elimination of a 35,660 sf. Building Q (Best Buy store) site, which was replaced with a reduced 6,000 sf. restaurant pad site and a new 7,500 sf. Building O restaurant pad site. This 3rd Amendment accepted the approval of a the updated PUD Master Plan dated August 2012, which now serves as the current and approved General Development Plan of this Shingle Creek Crossing Planned Unit Development site. * PROPOSED AMENDMENT This new 4 Ih amendment now proposes the demolition of the Food Court building by Gatlin Development, and the conceptual replacement of this area with a phased redevelopment of 132,200 sf. of new retail buildings and space. This demolition and removal of this existing building area helps facilitate the completion of an impending deadline agreement made earlier between Gatlin Development and Sears Corporation, which requires the physical separation of the Sears store from the proposed food court building. This separation needed to occur sometime in September of 2013. Since the approval of this Shingle Creek Crossing PUD and its subsequent amendments, Mr. Gatlin has experienced some difficulties in completing the internal leasing of this planned refurbished food court space, particularly on the west side of the site fronting on Xerxes Avenue. A number of nationally recognized retail users have been waiting to occupy the spaces fronting the interior area of this PUD mall development, and this removal will provide the opportunity to develop the site in accordance with the proposed development plan submitted along with this report. The immediate goal of Mr. Gatlin is to construct the proposed Building Sites W, X and Y (21,900 sf., 25,000 sf., and 50,000 sf. respectively) for the new retail uses. The other building site or spaces, illustrated as Sites T, U and V will hopefully follow or develop at the same time or shortly thereafter the development of W, X and Y sites. Later this summer, Gatlin intends to follow-through on this specific amendment request by requesting the completion of this amendment to the General Development Plan for this Shingle Creek Crossing PUD, by submitting a complete Site and Building Plan application for this specific area. This site plan will reflect specific site details that will be reviewed by city engineering, planning and building/fire safety departments, including (but not limited to) general layout of new buildings, parking areas, pedestrian walkways, landscaping, utilities and lighting, drive-thru lanes, traffic routes, truck hauling and loading areas. This full site plan review will be presented to the Planning Commission for recommendation and submitted to City Council for final considerations. Please note that this amendment approval only includes the ability to remove the old Food Court building, and no other element of the General Development Plan is being considered at this time. FINDINGS & RECOMMENDATION Similar to those findings Staff indicated and provided under previous considerations of Shingle Creek Crossing PUD Amendments No. 2 and 3, the removal of the Food Court provides for the following: App.No.2013-005 PC 06/26/2013 Page 2 a) The removal of this un-leasable building will promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing; b) The removal reflects a current need or benefit to the Site as requested by the Developer, c) The removal will not be a detriment or danger to the public. d) The removal will not be injurious to the use and enjoyment of other uses in this PUD; e) The removal will not impede the normal orderly development and proposed improvements of this PUD; and Even with the removal and clearing of this building, the overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. Staff recommends the Planning Commission adopt the attached Resolution No. 2013-06, which comprehends the approval of Planning Application No. 2013-005, a planned unit development (PUD) amendment to allow a change to the original 2011 Shingle Creek Crossing Planned Unit Development, and specifically to the 2012 Shingle Creek Crossing Master Development Plan, dated August 2012, subject to the following conditions and allowances: 1. Developer is allowed to remove the old Food Court building from the Shingle Creek Crossing PUD. No other allowances as illustrated or indicated on the submitted "Shingle Creek Crossing Master Plan - May 2013" shall be comprehended or permitted under this limited approval. 2. Developer must obtain a building permit and adhere to all requirements prior to beginning any removal or demolition work. 3. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and its subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing PUD. 4. Any future PUD amendment or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. Attachments • Shingle Creek Crossing Master Plan—PROPOSED(May 2013) • Shingle Creek Crossing Master Plan(August 2012) • Shingle Creek Crossing Master Plan (May 2011) App.No.2013-005 PC 06/26/2013 Page 3 MEMORANDUM DATE: June 24, 2013 TO: Tim Benetti, Planning and Zoning Specialist FROM: Steven J.Jankowski,Assistant City Engineer SUBJECT: Public Works PUD Amendment Review Memo—Shingle Creek Crossing Food Court Demolition Public Works Department staff has received the 11 sheet set of concept planned unit development (PUD)plans submitted which have been prepared by Kimley-Horn and Associates, Inc., and dated May 28,2013. It is our understanding that the PUD pertaining to the Shingle Creek Crossing development is proposed to be amended at this time only in such regard that the existing Food Court Building previously constructed as a part of the Brookdale development and physically connected to the Sears building is to be razed. While we have received a conceptual plan suggesting six structures that may eventually replace this building, it is understood that this PUD amendment review only pertains to the actual demolition of the Food Court Building(no proposed improvements).The following recommendations, comments and conditions are provided: General Items: 1. The following items need to be submitted,reviewed and approved prior to issuance of a demolition and land alteration permit: a. Demolition plans b. Utility plans(disconnection,temporary connection,proposed utilities,etc.) c. Drainage plans d. Grading and permanent erosion control plans e. A storm water pollution prevention plan(SWPPP) specific to the demolition activities f. Phasing and sequencing plans g. Plans showing site safety fencing, access locations and haul routes 2. The final demolition plans must be certified by a licensed engineer in the state of Minnesota and forwarded to the City Engineer for approval. 3. Upon project completion,the applicant must submit an as-built survey of the property, improvements and utility service lines and structures,and provide certified record drawings for any associated private and/or public improvements. 4. Inspection for the private site demolition and improvements must be performed by the developer's design/project engineer. Upon project completion,the design/project engineer must formally certify through a letter that any improvements were built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision. The engineer must be certified in the state of Minnesota and must certify all required as-built drawings. 5. The applicant is responsible for coordinating site demolition plans with all private utility companies (Xcel Energy, CenterPoint Energy, Qwest Communications, etc.). Public Works PUD Amendment Review Memo—SCC Food Court Demolition Page 2 June 24, 2013 Easements and Agreements: 6. A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions,traffic control provisions,haul routes, emergency management provisions, storm water pollution prevention plan provisions,tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions,temporary parking provisions, overall site condition provisions and non-compliance provisions. The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance.A$2,500 cash deposit will be required as part of the non-compliance provision.Through this document,the developer and property owner will acknowledge: a. The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. b. If compliance is not achieved,the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 7. A Performance Agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. Anticipated Permitting: 8. A City of Brooklyn Center land disturbance permit is required. 9. A City of Brooklyn Center demolition permit is required. 10.An MPCA NPDES permit is required. 11.This project will require demolition to encroach on adjacent Sears's property and documentation must be submitted showing authorization for this activity. 12. Other permits not listed may be required and is the responsibility of the developer to obtain as warranted. Prior to issuance of a Land Alteration and Building Permit: 13. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. 14.Final construction/demolition plans and specifications need to be received and approved by the City Engineer 15. A letter of credit or cash escrow shall be deposited with the City in the amount of 100%of the estimated cost in the amount estimated by the developer and determined by the city to comply with land alteration requirement, site improvement, and restoration of the site.The City may incrementally reduce the amount of the surety if work is completed and accepted. 16.The Construction Management plan and Agreement has been executed and the associated separate cash escrow has been deposited with the City of Brooklyn Center. 17.A preconstruction conference is scheduled and held with City staff and other entities designated by the City All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review.The PUD amendment and site plan must be developed and maintained in substantial conformance with the referenced plans,unless modified by the staff recommended conditions above. Subsequent approval of the final plan may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2013-06 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-005 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 4) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT WHEREAS, the City of Brooklyn Center adopted City Resolution No. 2011-85, dated June 13, 2011, which was considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, Gatlin Development Company submitted for consideration Planning Application No. 2013-005, which proposes a fourth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2011 Shingle Creek Crossing Planned Unit Development and the related 2011 PUD Agreement, specifically to allow the following considerations: 1) The removal (demolition) of the 169,555 sf. former Brookdale Mall "Food Court"building; 2) Approve the concept of redeveloping this same area with six (6) new individual retail buildings; and 1 3) Allow the reduction of the previously approved net leasable retail area of this Food Court building from 150,591 sq. ft. to 132,200 sq. ft. of new retail space. WHEREAS, the Planning Commission held a duly called public hearing on June 26, 2013, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission;the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan; and WHEREAS, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2013-005, submitted by Gatlin Development Company, may be partially approved, based upon the following considerations: A. The removal of this un-leasable "Food-Court" building will promote and enhance the general public welfare of this PUD, as it maintains and keeps the redevelopment activity of this site intact and ongoing; B. The removal reflects a current need or benefit to the Site as requested by the Developer, C. The removal will not be a detriment or danger to the public. D. The removal will not be injurious to the use and enjoyment of other uses in this PUD; E. The removal will not impede the normal orderly development and proposed improvements of this PUD; and F. Even with the removal and clearing of this building, the overall PUD site will have adequate measures in place to maintain and provide suitable access to the site. G. Based upon the above considerations, it is believed that the guidelines for evaluating Planned Unit Development Amendment as contained in Section 35-355 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. 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. 2013-005 be partially approved, subject to the following conditions and considerations: 1. Developer is allowed to remove the old Food Court building from the Shingle Creek Crossing PUD. No other allowances as illustrated or 2 indicated on the submitted "Shingle Creek Crossing Master Plan - May 2013" shall be comprehended or permitted under this limited approval. 2. Developer must obtain a building permit and adhere to all requirements prior to beginning any removal or demolition work. 3. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and its subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing PUD. 4. Any future PUD amendment or application requests will require the submittal and adoption(acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. June 26, 2013 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof- Chair , Commissioners and the following voted against the same: . whereupon said resolution was declared duly passed and adopted. 3 IL 1 1h ' a W- � �1 O .• O , . , �:.. } IL -t. ° �. . . .. -� :.,>to �i 'fl.Yt -+•'-* '' " `. OO Q y "'Z,-. .• Llj. .i ?1 P \ /II/l,,'.t P R. 511 1)1 r I ,I __ .. s �i ... J `171t�1 •*1 41 I. n +.itNt• 'i My'4l t1•' � �{ 1�1 Till�21} �{ O000c� OOO O - 0000N =O -. - - j; - -- _ - ! t, • . 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NO PART OF THIS PLAN IS CONSIDERED APPROVED OR „i ••,. ;r � .,, , ADOPTED AS PART OF ANY APPROVAL GIVEN UNDER \ / EXISTING '�� `�'' E ING FILTRATION PLANNING APPLICATION NO.2013-005 - y LTRATIO AREA(TYP.). 4 SHINGLE CREEK CROSSING BROOKLYN CENTER, MN 0. ----1 � 1 ►�r, t • MASTER PLAN PYLON SIGN xv, MAY 2013 r' rNir V 551 F►AVENUEN 'T (*!► -i1 l�� � �•r r j,{,! ,' ,�;,�� * 0 60 120 240 FT If Kimle -Horn ' GATLIN DEVELOPMENT COMPANY and Associates, Inc. - - •7 101 South Main Street 255G UN:VE<SiiY AVE WEST. SUITE;:3"� x"!,4i T t Dickson,Tennessee 37055 ST PAUL, NINNESOTA 55114 Tel 615-446-7104 AX. N0.(691]545-56 Y f Fax 615-446-7105 + .. i _ "-,�'±#F-""T. A' �%`�`�, ,• � � t i tit 1`t 3i i i q� � ., `.V � • a t °a 1 � OO-•`: Or 'O ... ; '1G 1F ^�A✓� � �." � �t% w i.:. i l � � �w .^ -Y", �� 4 ii•. r:-., OO .s,,.., � '' `at .r r•* . •.• •1 iT f#M r}f}�I �� .�+ \ •. 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AUGUST 2012 TH -_A T _i5 ---- --i♦ \t f 1, r+i+'r 0 60 120 240 F • �, 1, 1 i .. �, ,,# Kimley-Horn GATLIN DEVELOPMENT COMPANY and Associates, Inc. �4 101 South Main Street j ..�.> Dickson,Tennessee 37055 TEL. NC;- 651. 645-4197 ' Tel:615-446-7104 ( � F_ NO. (651)645-5116 • t.it - ---- Fax:615-446-7105 f 4 JI yF, r a I #F v.>••r.••,r-,.fly * 3,�+fi}11Yt ri)� B 4 ; ,� " �r r .•-.---.. s.te i I ,' - '$ « 7�►ti b` oo o I �..,.,a,,a('�.`,-1 - .. - -!`F----0-0-- CJ OOa a00�20 I I ,` a_-'-•-!�7 Za0 4o-Q-Q- � a - /,I '. 't�I I l tl?. ?`IIt_lt-1 t-i-i/--+•-�+-A='1.-f4a\h t+vi.o,.,tr+.•..1_♦t\: .�- 14 ��i-9,o--------------------- oa a COUNTY ROAD N�� —-------- n• �it r,7.ylt„'Rf�l�a1•;" N,�g-,•�.*; �. PROPOSED PYLON SIGN PROPOSED PYLON SIGN PROPOSED MONUMENT SIGN t _ PROPOSED MON ` Z i SIGN r r '�✓ � � XISTING , r { i i r !�! // D ` / IMPROVEMENTS' ♦ r �, f. I �.e�d ` 7'•1'J 7 r r I '!', —_ __ Vyl ' ROPOSED SHINGLE CREEK REGIONAL \P i` DIRECTIONAL 1 4 47/z r, � _ SIGN % I A` ' % � �" PROPOSEDDAYLIGHTED � = / _ SHING ED DAL v - . t t y - / RAIN GARDEN ?'/� -. ,? - TRAIL CONNECTION (TYP.) _, TO EXISTING BRIDGE ON f- P PROPOSED: —_-SIGN PYLON t' 9 ' _ l / / 4 b / 11 of ,.EXISTING � ,,, �. / p� � BUILDING rJ� __ WaIl1)•larl RETAIL SHOPS STORE#5625-00 11 C-'180-SGL-NO 181,943 S.F.(APPROX.) ll! sl ti EXISTING SHINGLE ' 7 1 �� CREEK BOX C U LV ERT PROPOSED FREEWAY , YLON SIGN *' tJl�pofi FILTRATION AREA(TYP) 1 a (1 EXISTING SEARS `\ (NOT IN 1 \ C(NTRACT) �y SHINGLE CREEK CROSSING to BROOKLYN CENTER, MN 4 WWI/ l y PRO POSEDTPYON SIGN / � M�CTE R L�N t MAY 2011 PROPOSED FIR �EWAY PYLON SIGN ` \ 0 '� 0 60 120 240 FT ` r vp Kimley-Horn *'0"y` *#,,1,, - - CAT DEVELOPMENT COMPANY and Associates, Inc_. //'/ '/ �# NOTE: 101 South Main Street _ - - -- ' /' / IMPROVEMENTS TO SEARS PARCEL IS NOT PART OF THIS PUD AND Dickson,Tennessee 37055 - \ , y Tel:615-446-7104 TEL J0. (651)645-4197 ARE SUBJECT TO CITY APPROVAL. FAX. N0. (651)645-5116 *�� Fax 615-446-7105 [:igvf BROOI:I.I iY CENTER Planning Commission Report - Meeting Date: June 26,2013 Application Filed: 05/15/13 • Review Period(60-day)Deadline: 07/14/13 • Extension Declared:N/A • Extended Review Period Deadline:N/A Application No. 2013-006 Applicant: Gatlin Development Company Location: Shingle Creek Crossing PUD Request: Planned Unit Development—Amendment No. 5 INTRODUCTION Gatlin Development Company is requesting a planned unit development (PUD) amendment to the approved 2011 Shingle Creek Crossing Planned Unit Development Agreement. This 5th amendment is to allow for the additional placement of three (3) new monument style signs on three building pad sites, and the option of allowing the ability to increase (as needed)the six existing single-faced signs located inside this development. Attached for review is a "Revision to PUD Plan" map and a "Shingle Creek Crossing Site Signage Exhibit", both dated May 15, 2013. This matter is being presented as a public hearing item. BACKGROUND The original Shingle Creek Crossing PUD was approved on May 23, 2011 (considered the first amendment to the original Brookdale Mall Planned Unit Development of 1999), which provided for the overall redevelopment of the Brookdale Mall properties. The PUD Agreement included a number of allowances, standards and provisions, including all new signage of the site. All new signs were to be governed by the "Shingle Creek Crossing Sign Program" plan, which was officially adopted as part of the 2011 PUD Agreement. This agreement is attached for the Planning Commissioner's review. Shortly after this approval in 2011, Gatlin Development began the redevelopment of this site by removing a large portion of the old Brookdale Mall, and started the Phase I construction of this site, which included the new 181,943 sf. Wal-Mart store, a majority of the access roads and walkways, underground utilities and infrastructures, and the day-lighting features of Shingle Creek. As the Wal-Mart was nearing completion, Gatlin received separate sign permits for the various monument signs scattered throughout the development. All of these new signs were consistent with standards and allowances granted under the 2011 Sign Program. As this 2011 Shingle Creek Crossing PUD continued to develop and matured with slight changes to certain development sites (typically approved under separate amendment process), Gatlin Development realized their Sign Program needed to be amended in order to respond to and accommodate some of these changing areas. These changes allowed for multi-tenant buildings that were originally not planned for or comprehended under the original 2011 PUD Plan, and therefore some of these "single-pane" or single-tenant signs that were installed in 2012 may need to be increased to allow for identification of individual businesses/uses in these multi-tenant buildings. App.No.2013-006 PC 06/26/2013 Page 1 ANALYSIS The current Sign Program provides for the following allowances: G. Two freestanding signs, each up to 350 sq.ft. in area, are allowed along Highway 100; two freestanding signs are allowed along Bass Lake Road up to 140 sq. ft.; and two freestanding signs along Xerxes Ave. up to 140 sq. ft. is allowed as development identification signs as illustrated on Attachment Four and Fifteen. Four monument signs up to 140 sq.ft. are allowed along Bass Lake Road; and one monument sign up to 140 sq.ft is allowed along Xerxes Ave. Included with this 2011 Sign Program is an overall Site Signage Exhibit, which illustrates where the proposed freestanding and monument signs were to be placed. Staff also prepared and provided for the Commission's review a "Shingle Creek Crossing Master Plan — Existing Signage" map, which helps illustrate the various signs (w/ current snap-shots) and locations inside the PUD. The Developer completed the two freestanding 350-sf signs to the rear of Wal-Mart, the two 140-sf. freestanding entry signs along Bass lake Road, and one additional 140-sf. freestanding sign at the intersection of Xerxes and 56th Avenue/Shingle Creek Crossing. The Developer also installed four, single faced monument signs along Bass Lake Road, which are situated to the rear of Building J (new LA Fitness) and next to Buildings G, D and E, and a similar single-faced monument sign behind Building Site B. Even though a larger 140-sf. sign would have been permitted along Xerxes Avenue, Gatlin chose to make the freestanding sign near the Sear's entry of 55th and Xerxes a smaller, single faced monument sign. Shortly after the original 2011 PUD approval to Gatlin, the City approved a separate PUD Amendment for the Sears property. This PUD simply mirrored and approved the same allowances and conditions that were just granted to Gatlin Development Company, which could be applied to Sears as they deemed fit (for their own future development needs). As part of this Sears PUD approval and ongoing negotiations between Sears and Gatlin, the City accepted an additional request by Sears and Gatlin to have an additional single panel sign placed at the northwest corner of the main interior road intersection (next to Building K), which was intended to serve as an interior directional sign for Sears. This sign was installed in 2012. As noted on the proposed "Revision PUD Plan" and "Site Sign Exhibit" maps, Gatlin is seeking the ability or option to modify (as needed) those single-panel monument type signs located next to Building B site, BuildinE J (the new LA Fitness facility), and Buildings G, D and E, along with the entry sign near 55' Avenue and Xerxes Ave. This option may include leaving the sign as-is, or converting to a new four-panel, 47-sf. area multi-tenant sign. The single-faced signs were constructed as a 15-ft. wide x 7-ft. (overall) high monument sign, with one, 10-ft. by 1.8-ft. sign panel, or 18-sf. sign. The new signs maintain the same 15-ft. wide base, but are shown with an increased height of 8.5-ft., and whereby the sign panels extend above the decorative precast stone cap. The signs are 4-panel, double-faced signs, with 10-ft. by 1.15-ft. sign panels, for total of 47 sf. of sign area. App.No.2013-006 PC 06/26/2013 Page 2 The total of all freestanding and monument signs allowed under Subpart G. of the SCC Sign Program equates to 1,540 square feet of signage: (Calc.: 2 @ 350 sf. = 700 sf.+ 5 @ 140 sf. = 700 s£ = 140 sf. for 4 signs= 1,540 sf.). The original SCC-Sign Program stated: "[F]our monument signs up to 140-sf. ....along Bass Lake Road.... " has been interpreted by staff as meaning all four of these single-faced monument signs were not to exceed 140-sf. of total signage area; therefore, each sign was limited to 35 sf. of area to each sign. The PUD amendment also includes a request to add three new monument signs, to be located behind Buildings C (Panda Express) and the multi-tenant Buildings H and K. The Applicant is requesting that all existing (six) monument signs installed on the sites, along with the three new monument signs, be given the flexibility to be either left alone as single-faced signs, or converted to multi-tenant signs as illustrated on their new Site Sign Exhibit plan. If the City were to allow all nine monuments (existing and proposed) to convert to multi-faced signs, the allowable signage would increase to 423 sf. The recalculation of all proposed signage is as follows: [2 @350 = 700 sf.] +[ 3 @140 sf. =420 sf.] + [1 @ 18 sf.] + [9 @ 47 sf. =423 sf.] = 1,561 sf. STAFF FINDINGS Although staff recognizes the recalculated signage slightly exceeds the original amount approved under the Shingle Creek Sign Program(1,540 sf. vs. 1,561 sf.),the total number or need for all of the additional signs proposed under this amendment are not warranted or supported by this general amendment request. First off, staff would support the conversion of the two signs located behind Bldgs. D and G, since we know these two buildings are more than likely going to be multi-tenant buildings. Secondly, the City has strongly encouraged the developer to keep Bldg. Site E as a stand-alone restaurant pad site, and we would continue to encourage that this sign remain as a single-faced sign present today. If this site were to be converted to a multi-tenant building, this would need to be done under an additional PUD amendment process, and we may be able to consider additional sign allowance at that time. The new sign located behind Bldg. Site C is no longer needed or supported, as Staff has accepted the conceptual placement of a smaller, 18-sf. single-faced monument sign for the new Panda Express developer. The existing single-faced sign behind LA Fitness (Bldg. J), is located in a very tight, narrow corridor between the rear of the building and Bass Lake Road right of way, and it appears to be somewhat hidden and misplaced in its current location. Allowing this sign to become a larger, multi-tenant building seems ill-advised and not supportable. Staff would recommend the App.No.2013-006 PC 06/26/2013 Page 3 Developer relocate or remove this sign. The two signs identified behind Bldgs. H and K also appear to be located in an area that will be impacted by the large numbers of trees and landscaping materials planted along this main entry roadway system. With the close proximity of these buildings along the access road, and the allowance for wall signs along the back sides of these two buildings, will more than likely provide the better identifiers of the respective retail users inside these two buildings. This area behind these two building is also affected by a fairly large, drainage and utility easement along this roadway. The City Engineers have expressed many reservations about allowing signs in easement areas, and recommends no signs be allowed in these areas. Staff would recommend that these two signs be eliminated. The existing single-faced monument located behind Bldg. B is also difficult to see or discern from the adjacent Xerxes Avenue, again due to the existing landscaping and trees along this roadway system. City staff suggests the Developer consider relocating this sign to an area between Bldgs. A and B. Finally, the existing single-faced monument sign located at the southwest corner (Sears entrance/55th Avenue & Xerxes interchange) was originally allowed to be a 140 sf. sign; yet the Developer chose to make this a smaller, single faced sign. Staff would recommend the Developer be allowed to maintain the ability to convert this sign as needed, provided it does not exceed 140 sf. in total area. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2013-07, which comprehends the approval of Planning Application No. 2013-006, a planned unit development (PUD) amendment to allow for the conversion of certain signage allowed under the 2011 Shingle Creek Crossing Sign Program plan, subject to the following conditions and allowances: 1. Developer is allowed to convert the two signs located behind Bldgs. D and G to the 47 sf. multi-tenant signs as shown on the Site Sign Exhibit, dated May 15, 2013. 2. The existing sign located on the Bldg. Site E is intended to serve a future stand- alone restaurant pad site and must remain in place. This sign may be converted to a new, similar multi-tenant sign only if this planned Bldg. E site is approved for change from a single-user to a multi-tenant building in the future. 3. The new sign located behind Bldg. Site C is no longer needed or supported, as the approval and location of this sign was made under the Site and Building Plan review of the Panda Express Restaurant on May 30, 2013. 4. The existing single-faced sign behind LA Fitness (Bldg. J) is not allowed to be converted and may remain in its place, or relocated to a new site subject to the approval of the City's Business and Development Director and City Engineer. App.No.2013-006 PC 06/26/2013 Page 4 5. The two signs identified behind Bldgs. H and K are not permitted and must be eliminated from the plan. 6. The existing single-faced monument located behind Bldg. B may be left in its place or relocated to an area between Bldgs. A and B, subject to final location and approval made under separate Site and Building Plan applications for both sites. 7. The existing single-faced monument sign located at the southwest corner (Sears entrance/55a' Avenue & Xerxes interchange) is allowed to remain as-is or approved to be converted to a new, larger multi-faced sign not to exceed 140 sf, in total sign area. 8. Developer must obtain sign permits for any modifications to any existing signs or installation of any new or relocated signs. 9. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and its subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing PUD. 10. Any future PUD amendment or application requests will require the submittal and adoption (acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. Attachments • Shingle Creek Crossing Sign Program Plan(May 2011) • Shingle Creek Crossing—Site Signage Exhibit Plan(May 15, 2013) • Shingle Creek Crossing Master Plan—Existing Signs Illustration App.No.2013-006 PC 06/26/2013 Page 5 MEMORANDUM DATE: June 21, 2013 TO: Tim Benetti,Planning and Zoning Specialist FROM: Steven J Jankowski,Assistant City Engineer SUBJECT: Public Works—PUD Amendment Shingle Creek Crossing Monument Signs Public Works Department staff has reviewed the two sheet set of plans submitted on behalf of this proposed development.The first sheet is entitled Shingle Creek Crossing Brooklyn Center MN Revisions to PUD plan prepared by William D. Matzek of Kimley-Horn and Associates, Inc. and dated May 14,2013.The second sheet is entitled Site Signage Exhibit prepared by Architectural Consortium, LLC and dated April 16,2013.The following recommendations, comments and conditions are provided: 1. Detailed sign plan drawings must be provided for review and approval with each sign permit application depicting existing topographical features, existing property and easement lines, setbacks, underground utilities and proposed sign locations and features. 2. No portion of a sign and/or appurtenant structure may encroach into City drainage and utility easements. 3. Sign placement must not impair sight lines at roadway intersections, both private and public. All items, recommendations and conditions are preliminary planned unit development review comments only and are meant to represent and guide the future planning and development of site plans and the corresponding revisions that may be necessary. All conditions are subject to further review, revision and approval as part of any future site plan or permit review. Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2013-07 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-006 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (No. 5) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT WHEREAS, the City of Brooklyn Center adopted City Resolution No. 2011-85, dated June 13, 2011, which was considered the first amendment to the previously approved 1999 Brookdale Mall Planned Unit Development, whereby this amendment approved the establishment of the new Shingle Creek Crossing Planned Unit Development, and which included an approved Development/Master Plan and certain allowances and development standards that would govern over the PUD; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2011-127, dated September 12, 2011, which approved the first amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-106, dated August 13, 2012, which approved the second amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, the City of Brooklyn Center subsequently adopted City Resolution No. 2012-129, dated September 24, 2012, which approved the third amendment to the original Shingle Creek Crossing Planned Unit Development, and which included an updated Development/Master Plan and provided additional allowances and development standards; and WHEREAS, Gatlin Development Company submitted for consideration Planning Application No. 2013-005, which proposes a fourth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development, which is under separate consideration and approval by Planning Commission Resolution No. 2013-06; and WHEREAS, Gatlin Development Company submitted for consideration Planning Application No. 2013-006, which proposes a fifth amendment to the Shingle Creek Crossing Planned Unit Development, by allowing certain changes to the approved 2011 Shingle Creek Crossing Planned Unit Development and the related Shingle Creek Crossing Sign Program; and WHEREAS, the proposal comprehends additional adjustments not approved under the 2011 Shingle Creek Crossing Planned Unit Development, the related 2011 PUD Agreement and the 2011 Shingle Creek Crossing Sign Program, specifically to allow the following 1 considerations: 1) Allow for the additional placement of three (3) new monument style signs on three building pad sites; and 2) Allow the option to increase (as needed) six existing single-faced signs located inside the Shingle Creek Crossing PUD. WHEREAS, the Planning Commission held a duly called public hearing on June 26, 2013, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission;the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as 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. 2013-005 be partially approved, subject to the following conditions and considerations: 1. Developer is allowed to convert the two signs located behind Bldgs. D and G to the 47 sf. multi-tenant signs as shown on the Site Sign Exhibit, dated May 15, 2013. 2. The existing sign located on the Bldg. Site E is intended to serve a future stand-alone restaurant pad site and must remain. This sign may be converted to a new, similar multi-tenant sign only if this planned Bldg. E site is approved for change from a single-user to a multi-tenant building in the future. 3. The new sign located behind Bldg. Site C is no longer needed or supported, as the approval and location of this sign was made under the Site and Building Plan review of the Panda Express Restaurant on May 30, 2013. 4. The existing single-faced sign behind LA Fitness (Bldg. J) is not allowed to be converted and may remain in its place, or relocated to a new site subject to the approval of the City's Business and Development Director and City Engineer. 5. The two signs identified behind Bldgs. H and K are not permitted and must be eliminated from the plan. 6. The existing single-faced monument located behind Bldg. B may be left in its place or relocated to an area between Bldgs. A and B, subject to final location and approval made under separate Site and Building Plan applications for both sites.. 2 7. The existing single-faced monument sign located at the southwest corner (Sears entrance/55th Avenue & Xerxes interchange) is allowed to remain as-is or approved to be converted to a new, larger multi-faced sign not to exceed 140 sf, in total sign area. 8. Developer must obtain sign permits for any modifications to any existing signs or installation of any new or relocated signs. 9. Unless amended otherwise or under separate agreement, all existing provisions, standards and variations provided under the 2011 Shingle Creek Crossing PUD and its subsequent amendments, shall remain in effect for the entire Shingle Creek Crossing PUD. 10. Any future PUD amendment or application requests will require the submittal and adoption(acceptance) of an updated master plan, which plan shall govern the planned and future redevelopment areas of this site. June 26, 2013 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon,the following voted in favor thereof- Chair , Commissioners and the following voted against the same: . whereupon said resolution was declared duly passed and adopted. 3 Y m ..._......_.... _............------------------._. -----------' ` TOT ^'F° COUNTY RD NO 10/BASS LAKE RD r � ._w_" Qo g :. ARQ QBTI.QNP�i. _ - r s mB____ 5 MONUMENT SIGN ,.. ''y`"TI"•`'- ,y For -I e MODIFY MONU NT SIGN T41 Abt? y-_ y .... - - OPTIONAL ADDITIONAL TENETS(lYP} _ ADD 2 OPTIONAL _.. r _ c - - ... r u v"_ :... - ,�- +.em :- 0� d rT? v' �>. HO A1A 4 - e434sf Q !� 6f 4 1 SMALL - I I D/ \ \ 1 0 ' � d � o- 38, RETAIL �- - a \\ 8 ' OOOsf ^� ° 8,500sf a e ', .,\\� �� ___. .;`.``` \ ��\ c a 84 a a Y / -J 4 MALL zi CQ BETA s 'k UA bR � II o _� \ L A �\ 1 v vi F 0 i J .... A RE o o 1. l a IV 4 Go a . a ° , ; 20.500W E e E i -_ -ry •' \ _ 4 _ �� o � _ / a '�� �� vv % �� SYMBOL LEGEND: n ^j PROPERTY LINE ° i !` PHASE 2 LIMITS PROPOSED LIGHT POLE(SEE LIGHTING EXISTING v h y --'- BUILDING \ a r %� ) (/�t PUD BOUNDARY Z / \ �� \� WATER FEATURE/STORMWATER \ q// J Y Wal B art I♦ I TREATMENT AREA Q V a PROPOSED CONCRETE SIDEWALK rn _ 4 PROPOSED PATIO AREA Z) LL L \ / \ / �% J SIGN LEGEND: \\ ��� M MONUMENT SIGN Z LLI 1 f\ \ 'lam ! • 5� - - �� -------- LIMITS OF REVISIONS TO PREACUS =.. 1 / // \ !! �' -"✓ / /'/. - O' PUD O o V ui y(P� o _ NI 1 i r s n we ", \\ / /' SITE DATA TABLE Z Z N oc ow 'I', _ n I - j �, - IOT ARFA BUILDING PARKING PROVIDED RATIO Z BUILDING EXISTING BUI NG N LOT 1,BLOCK 1 14.60 AGRES 189,555 SO.FT. 793 SPACES 4.68 Z U y , \ •A LOT 5,BLOCK I 0.70 ACRES 8,400 SO.FT. 40 SPACES 4.16 O �y Z E ti LL 1/ *,, •^g LOT 2,BLOCK 1 1.0 ACRES 8,500 SO.FT. 1%SPACES 12.35 W W ^C LOT d,BLOCK 1 0.85 ACRES 2,488 SO. 27 SPACES 10.85 Y "o Il f /� \ EXISTING �" / / '9 LOT I BLOCKI 0.98 ACRES SAW SO.FT. 51 SPACES 8.07 U Z Lij _ ;.; � � .1 �II / A STORMWATER ••E LOT Z.eloacl a92 ACRES 4.e6o so.Fr. ae SPACES 1o.ao Y .�. 1 J /�✓ fit \ / �4 = \\ /-- •F LOT 1. ID 000 , BCK2 1.19ACRES 14. SO.Ff. 63 SPACES 4.50 1 ti e ;� 1 �� ✓ j!. \\}I-" 1 -- \ // 4 LOT 11,BLOd(1 1.44 ACRES 8.42050 F7, 57 SPADES e.71 1 U LLI Z -• �` ••{�, ✓ F i I •"N LOTS BLOCKI 1.25 ACRES 11.2W SO.Ff. 511 SPACES 4.82 n/ d Y \� I 1 \ � -- y - \ /./ LOT,,BLOCK 3.09 ACRES 38,000 so.FT. _ 187 SPACES LS2 \_ oy CJ ° 1 1 1. •(;,„ Gµ�. ' .,\ I /G,j„ ), , \ &/ ry1 LOT IO,BLOCI(1 1.19 ACfE9 9,50050.FI. 45 SPACES 4.74 \ X \�'1 / - L LOT 14,BLOCK 1.19 ACRES 11.2D0 SO.Ff. 59 SPACES 5.27 w 1 ;'��i `t3 ,..... 11 1 I' ' \�`\ /��v ._, -x- z\F),. \\ /�/ 'M LOT 15.BLOCKI 1.16ACRES 7,5°060.Ff SO SPACES 10.87 J O �- ti�,:/ / ^N LOT I,BLOCK 2.93 ACRES 20,50D S0.FT. 93 SPACES 4.54 k,j \_ ^O LOT 2.BLOCKY 0.75 ACRES 7.500 SO.FT. 41 SPACES 5.47 Z O d ^ /x t \ b LOT 3.BLOCK2 B 000 SO FT. 88 SPACES 11.00 - ell, 190 ACRES W w ° c 11 a 1 \ \ \ \� \' - �jl / / ••S - 7./00 SO Ff. 3/SPACES 4s9 z \ i Lor 1.BLOCKZ /= m of 5 I+ Y �, i't 1\� \ 1 I I'' x' . ,: NORTH TOTPL 35.58 ACRES 349.389 SO.FT. -SPACES 5.37 y/ _ DATE i 9 �' ° t �';1 \ \• ` 1y / 05/14/2013 BE SHINGLE CREEK CROSSING FlNALRUkT Y & IjI,I �t .�/ ° SEE SHINGLE CREEK CROSSING 2NDADDI110N a , F t: " �ti� \ \ I �`�L /. 0 100 200 - PROJECT NO. o \, \ F \ + i I '� LOTS TO BE REPLATTEO AS PART OF SHINGLE CRID(CROSSING-3RDADgTKIN 160633001 t ii SCALE FEET SHEET NUMBER c E 0 o r, to s. ck - t, 4 , , r Ae N AN Wabnart" t a z i ti.f : Ilk INGLE CREEK C MATE LAN EXISTING SIGNAGE 1. 5tiz e {{ _ I _--- INTERIOR ILLUMINATED PRECAST GAP' �\ 10'-o" TRANSLUCENT 51ON - y PANELS - TWO-51DED - 16" X 16" CAST 15 5F SIGN AREA STONE MEDALLION - PREFIN. METAL 51ON TT ENANT CABINET - 51ERRA TAN p ❑ PREFIN. METAL FIN - r L/ O_ BLUE ►n PRECAST GAP LI ink �t 51MULATED STONE PAD MONUMENT SIGN OPTION 'A' INTERIOR ILLUMINATED TRANSLUCENT 51ON PRECAST GAP TENANT cv PANELS - TWO-SIDED - 4-7 5F SIGN AREA T I6" X 16" CAST _ ENANT L/ PREFIN. METAL SIGN STONE MEDALLION TENANT `t CABINET - 51ERRA TAN - TENANT PREFIN. METAL FIN - ❑ BLUE f PRECAST GAP 51MULATED STONE PAD MONUMENT SIGN OPTION 'B' PROJECT NUMBER: 10-1019-01 AR HITECTURAL SHINGLE CREEK CROSSING SITE SIGNAGE EXHIBIT ISSUED DATE 0416-13 DRAWN BY: BL CONSORTIUM L.L.C.L CHECKED BY Kq 901 North 3rd Street 612-436-4030 GATLIN DEVELOPMENT COMPANY Minneapolis,MN 55401 Fax 612-692-99 BROOKLYN CENTER, MN SCALE : 1/4" = 1'-0" Al Architectural Consortium,L.L.C.2013 SHINGLE CREEK CROSSING SIGN PROGRAM A. INTRODUCTION B. GENERAL LANDLORD/TENANT REQUIREMENTS: The intent of this sign criteria is to provide the guidelines necessary to 1. Each Tenant shall submit to landlord for written approval, three (3) copies of the achieve a visually coordinated, balanced and appealing sign detailed shop drawings of the proposed sign, indicating conformance with the sign environment, harmonious with the architecture of the project, while criteria herein outlined. maintaining provisions for individual graphic expression. 2. The landlord shall determine and approve the availability and position of a Submittal drawing(s) to indicate accurately scaled signage on the Tenant name on any ground sign(s). elevation shall be required. 3. The Tenant shall pay for all signs, related materials and installation fees including final inspection costs. Performance of this sign criteria shall be rigorously enforced and any nonconforming sign shall be removed by the tenant or his sign 4. The Tenant shall obtain all necessary permits. contractor at their expense, upon demand by the landlord. 5. The Tenant shall be responsible for fulfillment of all requirements of this sign Exceptions to these standards shall not be permitted without approval criteria. from the landlord and will require approval of a modification to the sign 6. It is the responsibility of the Tenant's sign company to verify all conduit and program application by the City. transformer locations and service access prior to fabrication. Accordingly, the landlord will retain full rights of approval for any sign 7. Should a sign be removed, it is the Tenant's responsibility to patch all holes, used in the center. paint surface to match the existing color, and restore surface to original condition. No sign shall be installed without the written landlord approval and the required City permits. PROJECT NUMBER: 10.1019-01 ARCHITECTURAL SHINGLE CREEK CROSSING SIGN CRITERIA DRAWN 1,-04-,B CHECK BY: ___ ES CONSORTIUM L.L.C. - - CHECKED BY: KA 901 North 3rd Street 612-43611030 GATLIN DEVELOPMENT COMPANY Minneapolis,MN 55401 Fax 612-692-9960 BROOKLYN CENTER, MN SCALE : N.T.S. SC-1 . Architectural Consortium,L.L.C.2010 SHINGLE CREEK CROSSING SIGN PROGRAM C. GENERAL SIGN CONSTRUCTION REQUIREMENT: 1. All signs and their installation shall comply with all local building and electrical codes. 9. All lighting must match the exact specification of the approved working drawings. NO EXPOSED CONDUITS OR RACE WAYS WILL BE ALLOWED. 2. All electrical signs will be fabricated by a U.L. approved sign company, according to U.L. specifications and bear U.L. Label. 10. Signs must be made of durable rust -inhibited materials that are appropriate and complimentary to the building. 3. Sign company to be fully licensed with the City and State and shall provide proof of full Workman's Compensation and general liability insurance. 11. Color coatings shall exactly match the colors specified on the approved plans. 12. Joining of materials le.g., seamsj shall be finished in such a way as to be 4. All penetrations of building exterior surfaces are to be sealed, waterproof, and in color unnoticeable. Visible welds shall be continuous and ground smooth. Rivets,screws, & finish to match existing exterior. and other fasteners that extend to visible surfaces shall be flush, filled, and finished so as to be unnoticeable. 5. Internal illumination to be 30 milliamp neon, fluorescent tube or LED for storefront elevations and #3500 white neon or LED halo for freeway elevations. Installed and 13. Finished surfaces of metal sholl be free from canning and warping. All sign labeled in accordance with the "National Board of Fire Underwriters Specifications". finishes shall be free from dust, orange peel, drips, and runs and shall have auniform surface conforming to the highest standards of the industry. 6. Painted surfaces must have an acrylic polyurethane finish or baked-on finish. 14. In no case shall any manufacturer's label be visible from the street from normal 7. Logo and letter heights shall be as specified and shall be determined by measuring viewing angles. the normal capital letter of a type font exclusive of swashes,ascenders and descenders. 15. Exposed raceways and conduit are not permitted unless they are incorporated See diagram on following page. into the overall sign design. 8. All sign fabrication work shall be of excellent quality. All logo images and type-styles 16. Exposed junction boxes, lamps, tubing or neon crossovers of any type are not shall be accurately reproduced. permitted. PROJECT NUMBER: 10-1019-01 ARCHITECTURAL /.�/�/(T�/ SHINGLE CREEK CROSSING SIGN CRITERIA ISSUED DATE 11-04-10 't �/ DRAWN BY ES CONSORTIUM t_.L.c. 1 CHECKED BY:_ _ KA - _- 901 North 3rd Street 612-436-4030 GATLIN DEVELOPMENT COMPANY Minneapolis,MN 55401 Fax 612-692-9960 BROOKLYN CENTER, MN SCALE : N.T.S. SC-1 .2 Architectural Consortium,L.L.C.2010 SHINGLE CREEK CROSSING SIGN PROGRAM D. SHOP TENANTS SIGNAGE SPECIFICATIONS: The intent of this criteria is to encourage creativity to ensure the individuality of In order to allow creativity and artistic designs, ascending and descending each tenant sign as opposed to similar sign design, construction, and colors shapes will be allowed to extend up to 25% beyond the envelope limits provided repeated throughout the project. Signs must be architecturally compatible with that the overall allocated square footage is not exceeded. In other words, these the entire center. areas have to be calculated individually. The following types of construction will be allowed: Acrylic face channel letters Ascender Through face and halo channel letters Reverse pan channel letters __rtanLSkeleton neon behind flat cut out shapes and letters. --- - --- - �--- J Open pan channel letters (Only in an artistic letter style /font) Push thru letters and logos in aluminum cabinets Flat cut out dimensional shapes and accents Descender Metal screen mesh accents Exposed skeleton neon accents Ascender: (The part of the lowercase letters, such as b, d, and h. that The idea of using dissimilar materials and creating signs with extends above the other lowercase letters). varying colors, layers and textures will create an exciting and Descender: (The part of the lowercase letters, such as g, p, and q, that extends appealing retail environment. below the other lowercase letters). PROJECT NUMBER: 10-1019-01 ARCHITECTURAL r/,�/�Tjj/T SHINGLE CREEK CROSSING SIGN CRITERIA DRAWN - E,�.,° - '1 {✓ DRAWN BY: ES CONSORTIUM L. L.C. CHECKED BY: KA --- 901 North 3rd Street 612-436-4030 GATLIN DEVELOPMENT COMPANY Minneapolis,MN 55401 Fax 612-692-9960 BROOKLYN CENTER, MN SCALE : N.T.S. SC-1 .3 Architectural Consortium,L.L.C.2010 SHINGLE CREEK CROSSING SIGN PROGRAM E. PROHIBITED SIGNS: 1. Signs constituting a Traffic Hazard 8. Light Bulb Strings: No person shall install or maintain, or cause to be installed or maintained, any sign External displays, other than temporary decorative holiday lighting which which simulates or imitates in size, color, lettering or design any traffic sign or signal, consists of unshielded light bulbs are prohibited. An exception hereto may be granted or which makes use of the words "STOP", "LOOK", "DANGER" or any words, upon review and at the sole discretion of the Landlord. phrases, symbols, or characters in such a manner as to interfere with, mislead or confuse traffic. 9. Banners, Pennants & Balloons Used for Advertising Purposes: Temporary flags, banners, or pennants, or a combination of same constituting an architectural feature which is an integra! part of the design character of a praiect may 2. Signs in Proximity to Utility lines: Signs which have less horizontal or vertical clearance from authorized be permitted subject to Municipal Code requirements, landlord's, and City approval. communication or energized electrical power lines that are prescribed by the IO.Biliboard Signs are not permitted. applciable laws and or code are prohibited. 11. The use of permanent "sale" sign is prohibited. The temporary use of these signs are limited to a thirty-day period and is restricted to signs affixed to the interior 01 3. Painted letters will not be permitted. windows which do not occupy more that 20% of the window area. Each business is permitted a total of not more than ninety (90) days of temporary window sale signs per 4. Wall signs may not proiect above the top of a parapet, the roof line at the wall, or calendar year. roof line. 12. No cabinet construction only allowed. 5. There shall be no signs that are flashing, moving or audible. F. ABANDONMENT OF SIGNS: 6. No sign shall project above or below the sign-able area. The sign-able area is delined in the attached Exhibit for major and shop tenants. Any tenant sign left after thirty (30) days fram vacating premises shall become the property of Landlord. 7. Vehicle Signs: G. INSPECTION: Signs on or affixed to trucks, automobiles, trailers, or other vehicles which are used to - - -- advertise, identify, or provide direction to a use or activity not related to its lawful Landlord reserves the right to hire an independent electrical engineer at the Tenant's activity are prohibited. sole expense to inspect the installation of all Tenant's signs. PROJECT NUMBER: 10-1019-01 ARCHITECTURAL �/T//(� SHINGLE CREEK CROSSING SIGN CRITERIA DRAWN „_�_,o I� Y../ DRAWN D ES CONSORTIUM L. L.C. CHECKED BY; -- �A -- — — 901 North 3rd Street 612-436-4030 GATLIN DEVELOPMENT COMPANY Minneapolis,MN 55401 Fax 612-692-996L] BROOKLYN CENTER, MN SCALE : N.T.S. SC-1 .4 Architectural Consortium,L.L.C.2010 SHINGLE CREEK CROSSING SIGN PROGRAM S'RETURNS SECTION A 5"RETURNS I.3J6-PEG OFFWALL NEW SINGLE FACED INTERNALLY ILLUMINATED LEXAN FACED CHANNEL LETTER DISPLAY INSIAIL WITH 3*10 SCREWS -} tNSTAltw17H3-VS'x3-112'SCRFVJS ALI'MINUM04ANNEL_- —INTO PLASTIC ANCHORS ALUMINUM CHANNEL 'if INTO EXPANSION SHIELDSIEACH LETTER) USE STANDARD ALUMINUM CONSTRUCTION WITH MATHEWS(OR EQUIVALENT)SEMI GLOSS --118x2-LAGS INTO FXPANSIONSHIElO5 Ira x 2'LAGS INTO EXPANSION SHIELDS TRi M-CAP ALUMINUM RACEWAY TUBE —ALL IFAIHUM RACEWAY ACRYLIC POLYURETHANE FINISH, FACES USE TRANSLUCENT LEXAN WITH 3/4"TRIM CAP. —GTD-IS WIRE STANDARD GLASS STAND .TRANSFORMER LEXANBP.CKUP TR NSSWIRE SFORMER ILLUMINATE WITH 30 ma NEON OR LED LAMPING WHERE APPROPRIATE, PAINT RETURNS ACRYLIC FACE CLEAR LEXAN BACKS A NEON NEON TUBE N TR DISCONNECT DISCONNECTSNITCH CONDUIT W?GTO INSIDE fIECTRpBRS SECTION B 1YEEPkOlES P-X HOUSING WEEP HOLES 3iA'CONDUIITHRIJt*:AIL FACIA FACIA�. NEW SINGLE FACED ILLUMINATED WALL DISPLAY USE FLAT CUT OUT 0.090 ALUMINUM wlg a _sECTIOND _ GRAPHICS WITH NEON OR LED AS APPROPRIATE BEHIND, PAINT ALUMINUM MATTHEWS(OR _ SECTION SIGN TO BE UL APPROVED AND BEAR Ln tABEI EQUIVALENT)SEMI GLOSS ACRYLIC POLYURETHANE,USE NEON WITH PK TYPE HOUSINGS. SIGN TO BE UL APPROVED AND SEAR Ul LABEL REVERSE PAN CHANNELS LEXAN FACED CHANNEL LETTERS THROUGH FACE AND HALO ILLUMINATION PK HOUSINGS a'RETURNS SECTION C *---SCREVVS LAGSINTO EXPANSION SHIELDS -1-318 PFG OFFWALL NEW SINGLE FACED INTERNALLY ILIUMINATED LEXAN FACED CHANNEL LETTER DISPLAY WITH METALRACEWAY f INSTALLV'11TH3-1/6'x 3-1!2'SCREVIS GTO•ISWIRE {.moo/ INTDEXPANSIONSHIELDSIEACHLETTfRI THROUGH FACE AND HALO ILLUMINATION. USE STANDARD ALUMINUM CONSTRUCTION WITH SToNDAR13MASSSTAND TRANSFORMER ALUNfINl1M CHANNEL ---T18 X2"LAGS INTOEXpANSIONSHIELDS FLATCUTOUT MATTHEWS (OR EQUIVALENT)SEMI GLOSS ACRYLIC POLYURETHANE FINISH, FACES USE ALUMINUMOVERLAYSDISCONNECTSWITCH LEXANBACKkJP —ALUMINUMRACEWAY F1€ONTUSE CONDUIT WIGTOMSIDE 1/2"CLEARPLfXPUSFITHROUGH-- GTO-15WIRE LEXAN WITH 3/4"TRIM CAP, ILLUMINATE WITH 30 ma NEON OR LED WHERE APPROPRIATE P-K HOUSING THROUGH FACE AND HALO, PAINT RETURNS FASCIA CLEARLEXANBACKS TRANSFORMFR INTO PLASTIC ANCHOR5 NTONTUBE - D ISCONNECT SLY ITCH - --ELECTROBFTS _ SECTIONS WEEP HOLES- 314'CONDUIT THRU WALL SECTION D 51GR TO BE Ut APPROVED AND BEAR UL LABEL FA C14 EXPOSED NEON%AMN ALUMNLJM FACE OVERLAYS _ SEC NEW SINGLE FACED INTERNALLY ILLUMINAItD ALUMINUM FACED CHANNEL LETTER DISPLAY t1oN F — WITH THROUGH FACE AND HALO ILLUMINATION. USE STANDARD ALUMINUM CONSTRUCTION SIGN TO BE UL APPROVED AND BEAR U;LABFL q'RETURNS THROUGH FACE ANU HALO ILLUMINATION REVERSE WITH MATTHEWS (OR EQUIVALENT)SEMI GLOSS ACRYLIC POLYURETHANE FINISH. ROUTE OUT ��1 318•PEG oFF WALL PUSH THROUGH GRAPWiCS WHERE GRAPHICS OCCUR AND BACK UP WITH LEXAN, ILLUMINATE WITH 30 ma NEON OR LED ��1-3/4 PEG Off WALL X3-1r2'SCREWS WHERE APPROPRIATE THROUGH FACE AND HALO. PAINT ALUMINUM FACE AND RETURNS. INTO PLASTIC ANCHORS pNCNOR BDLT?BRACKFI-512E ALUMINUM CHANNEL + �1JaX2-LA^vSIN70 EXP4NSIpN SHIELDS /� 155t E,hAITTED TOJI)RISDICTION TRIM CAP ff -AkUI6%INUMRACEWAY PAINTED_071ALLIM. / FOR APPROVAI GTO.15WIRE SIGN RETURN SECTION E LEXAN FACES __ FRANSFORFA{R FLUORESCENT TUBING M4VrttED SAME AS"D"EXCEPT ROUTE OUT WHERE GRAPHICS OCCUR AND CL EAR LEXAN 6ACK5 ACRY L IC SIGN FACE— ONALUM WIRINGTRACKIALI DISCONNFCTSWITCH E14CLOSEOVVIRINGI — PUSH THROUGH 1/2"CLEAR PLEX WITH APPLIED VINYL OVERLAYS. NEONTUSE ELECTROa1T5 FLUORESCENT LIGHT BALLAS3 FLEX CONDUIT Si]PPI.I[D WEEP HOLES 314'CONDUIT TµRU Wgll fURNISHEDBV51GHSH0P. INLETTER.SIU$BEDTHROUGH AND CAUL Kf D 6Y SIGN IN5TALLER FACIA pAIN7fDAtUM FACIAL SECTION F EXTRUSION RETURN q'Xd'MNCT10NBpkSUPPLIED SEtTIONC SEALANT At1510E5 �FiD INSTAtLED BY G.C.'S ELECIRICIAN. NEW SINGLE FACED INTERNALLY ILLUMINATED ACRYLIC FACED CHANNEL LITTER DISPLAY SIGN TO BE UL APPROVED AND BFAR UL LABEL SECT IONF USE STANDARD ALUMINUM CONSTRUCTION WITH MATTHEWS (OR EQUIVALENT)SEMI GLOSS LEXAN FACED CHANNEL LETTERS -4ASCtA SIGN TO BE UL APPROVED AND BFAR.Ut L46E1 THROUGH FACE AND HALO ILLUMINATION ACRYLIC FACED CHANNELS ACRYLIC POLYURETHANE FINISH OR BAKED-ON RNISH, FACES USE TRANSLUCENT ACRYLIC WITH FLUORECENT TUBE WITH 3/4"TRIM CAP, ILLUMINATE WITH CWHO FLUORESCENT TUBES OR LED, PAINT RETURNS MASTIC FORMED OVERSIZED 1SILCNEA i ESNE OR LEE)ILLUMINATION WJ SILICONE ADHESIVE SECTION G TYP-3F1A'TNR{ADED STUD NEW SINGLE FACED NON-ILLUMINATED WALL DISPLAY USE PLASTIC FORMED GRAPHICS, FLUSH MOUNTED SECTION SIGN TO BE UL%PKOVED AND BEAR UL LABEL NON-ILLUMINATED PLASTIC FORMED GRAPHICS PROJECT NUMBER: 10-1019-01 ARCHITECTURAL //�' SHINGLE CREEK CROSSING SIGN CRITERIA DRAWN DATE 11-09-10 DRAWN BY: ES CONSORTIUM L.L.C. CHECKEDBY KA 901 North 3rd Street 612-436-4030 GATLIN DEVELOPMENT COMPANY Minneapolis.MN 55401 Fax 612-692-9960 BROOKLYN CENTER, MN SCALE : N.T.S. SC-1 .5 Architectural Consortium,L.L.C.2010 TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT " --'TENANT ! i TENANT EN TENANT fA \ i \__— x x 1 • x �__-- -- - -------- J G 9 - -- ' _________ _ L__- _____ _-_____--_ __________ I / I _ _____-_ _ c_ i RI ♦ � % jJ1 I ----------- ------ --------- nn nn J I i ❑44fl '1 r; -- ------- ' /cC L�"Iii �� rei/ NORTH I TENANT TENANT TENANT TENANT TENANT i 11, ��4� /�`"�• -="i px ` ____-- -.1 I' TENANT TENANT ° TENANT TENANT TENANT TENANT ❑ ,'o,, L �-- i' I'/q TENANT I \„ \I r' \ , 11 r PROJECT NUMBER: 10-101901 AR HITECTURAL SHINGLE CREEK CROSSING SITE SIGNAGE EXHIBIT ISSUED DATE: 04-0&11 DRAWN CONSORTIUM L.LC. CHECKED D KA BV: Kq ES 901 North 3rd Street 612-436-4030 GATLIN DEMPMENT COMPANY Minneapolis,MN 55401 Fax 612-692-9960 BROOKLYN CENTER, MN SCALE : N.T.S. S E 1 . Architectural Consortium, L.L.C.2010 l0'-0" INTERIOR ILLUMINATED Oil TENANT 516N PANEL — El 15 TYVO SIDGNDAREA 7rSGLE K CROSSING ° TENANT PAD TENANT MONUMENT SIGN NOTE: CORPORATE TENANT BLUE PREFIN. LOGO / GRAPHIC5 METAL FIN ALLOWED UPON REVIEW AND o TENANT APPROVAL FROM It — INTERIOR ILLUMINATED LANDLORD o 51GN PANEL5 —[—TENANT TW0-51DED — TENANT 312 5F SIGN AREA TENANT TENANT TENANT TENANT - TENANT INTERIOR ILLUMINATED O 51(5N PANEL5 — ' TENANT O O O TWO—SIDED — TENANT 140 5F 516N AREA TENANT TENANT r d) TENANT ML r �7 O �t MAJOR FREEWAY MAJOR PYLON S I ON PYLON 516N PROJECT NUMBER: 10-1019-01 ARCHITECTURAL SHINGLE CREEK CROSSING SITE SIGNAGE EXHIBIT IDMWNBYTE: - - 1 E 1-04 S DRAWN BY CONSORTIUM L.L.C. Q) CHECKED BY �. 901 North 3rd Street 612-436-4030 GATLIN DEVELOPMENT COMPANY BROOKLYN CENTER, MN SCALE : 1/8" = 1'-0" SE1 .2 Minneapolis,MN 55401 Fax 612-692-9960 Architectural Consortium,L.L.C.2010 i _ TENANT SHINGLE - y CREEK CROSSING TENANT --- --- -- FAD TENANT MONUMENT SIGN TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT -- -------- --._ TENANT TENANT TENANT -� - --- _ - TENANT TENANT - TENANT MAJOR FREEWAY MAJOR PYLON SIGN PYLON SIGN PROJECT NUMBER: 10.1 019-01 ARCHITECTURAL SHINGLE CREEK CROSSING SITE SIGNAGE DRAWN "°'_'° DRAWN BV. ES CONSORTIUM L. L.C. RENDERING CHECKED©Y KA 901 Min North 3rd Street 612-692-9960 GATUN DEVELOPMENT COMPANY BROOKLYN CENTER, MN S E 1 .3 Minneapolis, MN 55401 Fax 612-692-9960 SCALE N.T.S. Architectural Consortium,L.L.C.2010 MAXIMUM 90% (fj OF ADJACENT SURFACE LENGTH SIZE_ 1.5 SQUARE FOOT OF SIGN AREA PER LINEAR FOOT OF LEASED PREMISES, MAXIMUM OF 750 SQUARE FEET TOTAL PER ELEVATION. Z ~ w 2 . Uo X J - - - - - - - - - - - - - - - - - - - - - - - - MATERIALS: VARIETY OF TYPES PER SIGN CRITERIA, SINGLE TYPE OF Q = CONSTRUCTION ALLOWED> ANCHOR TENANT ILLUMINATION: YES o w o w LL Q 00 w O U- [If 2 _ COPY: TENANT NAME AND OR LOGO CC U - - - - - - - - � o _ CD co :r ANCHOR TENANTS (OVER 90,000 SQUARE FEET) HEIGHT: SEVENTY PERCENT OF ADJACENT SURFACE MAXI M I U M 90% LENGTH: NINETY PERCENT OF ADJACENT SURFACE Cf) OF ADJACENT SURFACE LENGTH Z F-- W TYPEFACE: CUSTOM LOGO AND TYPE OK 2 UQ LIJ (D LLU� Q J � - - _ _ - - - - - - - - - - - - - - � COLOR: CUSTOM COLORS OK Qw O W SECONDARY SIGNS: YES (NOT TO EXCEED 25%OF TOTAL () _I > SECONDARY ALLOWABLE SIGN AREA)ONLY MAJOR SERVICES/DEPARTMENTS LLQNw O LL f)f _ _ _ - ALLOWED. NO ADVERTISING OR SLOGANS O U TYPE AND LOCATION: AS SHOWN ON ATTACHED ELEVATIONS O C j >" ANCHOR TENANT SIGN EXAMPLE SECONDARY SIGN rMl 1MI M RM C3) EXAMPLE LIMU R o phi ap�aC J oa o0 PROJECT NUMBER: 10.1019-01 ARCHITECTURAL /��//��( \ SHINGLE CREEK CROSSING ANCHOR TENANT ISSUED DATE 11-04-10 'I DRAWN BY ES CONSORTIUM L.L.C. 1 - BUILDING SIGNAGE CHECKED _ KA 901 North 3rd Street 612-436-4030 GATL[N DEVELOPMENT COMPANY Minneapolis,MN 55401 Fax 612-692-9960 BROOKLYN CENTER, MN SCALE : N.T.S. S E2. Architectural Consortium,L.L.C.2010 Sign Qty Color Height Illumination Sq.Ft Total Sq.Ft A. Walmart 2 White/Yellow 5'-6" Internal 298.00 596.00 B. Market&Pharmacy 1 White 2'-0" N/A 65.65 65.65 C. Home&Living 1 White 2'-0" N/A 46.47 46,47 D. Outdoor Living 1 White 2'-0" N/A 49.43 49.43 E. Pharmacy Drive Thru 1 White 1'-6" N/A 39.88 39.88 F. Enter 1 White 1'-0" N/A 3.23 3.23 G, Exit 1 White 1'-0" N/A 1 2.34 2.34 Total Building Signage: 803.00 SIGN A R1 p M M n SIGN D SIGN C SIGN A SIGN B SIGN E �1 to SIGN F/G PROJECT NUMBER: 10-1019-01 ARCHITECTURAL SHINGLE CREEK CROSSING ANCHOR TENANT ISSUED DATE -- 11-04-10 DRAWN BY: ES CONSORTIUM L.L.C. CD BUILDING SIGNAGE CNEDKEDBY - _ KA 901 North 3rd Street 612-436-4030 GATLIN DEVELOPMENT COMPANY Minneapolis,MN 55401 Fax 612-692-9960 BROOKLYN CENTER, MN SCALE : N.T.S. EZ.2 Architectural Consortium,L.L.C.2010 MAXIMUM 70% SIZE: 1.5 SQUARE FOOT OF SIGN AREA PER LINEAR FOOT OF Cn OF ADJACENT SURFACE LENGTH LEASED PREMISES, MAXIMUM OF 350 SQUARE FEET TOTAL Z ~ LL] PER ELEVATION. 2 W (9 X - - - - - - - - - - U - Q C/) F MATERIALS: VARIETY OF TYPES PER SIGN CRITERIA, SINGLE Q = i TYPE OF CONSTRUCTION ALLOWED W p W < U -1 W I ILLUMINATION: YES O U- -0 O -- COPY: TENANT NAME AND OR LOGO c MAJOR TENANTS (OVER 10,000 - 89,999 SQUARE FEET) HEIGHT: SEVENTY PERCENT OF ADJACENT SURFACE MAXIMIUM 70% LENGTH: SEVENTY PERCENT OF ADJACENT SURFACE U) OF ADJACENT SURFACE LENGTH Z r W TYPEFACE: CUSTOM LOGO AND TYPE OK W (D X -j COLOR: CUSTOM COLORS OK ° W - w Q SECONDARY U _� � SECONDARY SIGNS: YES (NOT TO EXCEED 25°/D OF TOTAL O < W I ALLOWABLE SIGN AREA) L — — — — — — — — — — — — — — — — J o SOU - - - CD C/) MAJOR TENANT SECONDARY SIGN SIGN EXAMPLE EXAMPLE - L_- ----- --- - - _ _ _ _--- T N --- --- -___-_-- T _ - ___ _ ------------------ ----- TYPICAL MAJOR TENANT ELEVATION SCALE: 1/16" = 1'-0" PROJECT NUMBER 10-1019-01 ISSUED ARCHITECTURAL SHINGLE CREEK CROSSING MAJOR TENANT DRAWN ES f SHINGLE DRAWN BY: ES CONSORTIUM L.L.C. ���//)) BUILDING SIGNAGE CHECKEDBY: --- KA 901 North 3rd Street 612-436-4030 GATLIN DEVELOPMENT COMPANY S E 3. Minneapolis,MN 55401 Fax 612-692-9960 BROOKLYN CENTER, MN SCALE : AS NOTED Architectural Consortium,L.L.C.2010 MAXIMUM 70% v� OF ADJACENT SURFACE LENGTH SIZE: Z W FRONT ELEVATION: 1.5 SQUARE FOOT OF SIGN AREA PER 2 LLI J _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ LINEAR FOOT OF LEASED PREMISES, U W Q - MAXIMUM OF 150 SQUARE FEET TOTAL. AN Q U O ; MAXIMUM 70% OF ADJACENT SURFACE LENGTH SIZE: 1.5 SQUARE FOOT OF SIGN AREA PER LINEAR FOOT OF ~ LEASED PREMISES, MAXIMUM OF 250 SQUARE FEET TOTAL Z ILL, (D W PER ELEVATION. J WQ - - I 0 = MATERIALS: VARIETY OF TYPES PER SIGN CRITERIA, SINGLE W O W TYPE OF CONSTRUCTION REQUIRED. ILQ � W O ? o U L — — — ILLUMINATION: YES LO CO U) 2 COPY: TENANT NAME AND OR LOGO >� *NOTE: TYP. ONE SIGN MAX. PER ELEVATION FOR SINGLE USER. HEIGHT: SIXTY FIVE PERCENT OF ADJACENT SURFACE OTHERS UPON REVIEW AND APPROVAL BY LANDLORD LENGTH: SEVENTY PERCENT OF ADJACENT SURFACE TYPEFACE: CUSTOM LOGO AND TYPE OK COLOR: CUSTOM COLORS OK SECONDARY SIGNS: NO TYPICAL SIGN TYPICAL SIGN EXAMPLE EXAMPLE -- TENANT LI Lj- EM IT- W . PROJECT NUMBER: 10-1019-01 ARCHITECTURAL /.��(�(j/� SHINGLE CREEK CROSSING PAD TENANT I DRAWN BY:SSUED DATE: 11-ES 04-10 'l CONSORTIUM L.L.C. 1 CHECKED BY: - -_ KA - GATLIN DEVELOPMENT COMPANY BUILDING S I G NAG E 901 North 3rd Street 612-436-4030 S E 5.1 Minneapolis,MN 55401 Fax 612-692-9960 BROOKLYN CENTER, MN SCALE : AS NOTED Architectural Consortium,L.L.C.2010 XC BRti I,)iV VTER Planning Commission Report Meeting Date: June 26,2013 • Application Filed: 05/30/13 • Review Period(60-day)Deadline: 07/29/13 • Extension Declared:N/A • Extended Review Period Deadline:N/A Application No. 2013-007 Applicant: Brooklyn Center Economic Development Authority(EDA) Location: Lot 2, Block 1, Brooklyn Farm 2nd Addition Request: Planned Unit Development—Phase II Embasy Suites PUD INTRODUCTION The Brooklyn Center Economic Development Authority (EDA) is requesting an amendment to the Phase II development of the 2007 Embassy PUD providing for the conceptual development of an 81-room hotel. This matter is being presented as a public hearing item. BACKGROUND & ANALYSIS On June 27, 2005, the City Council approved the rezoning of a 6.2 acre parcel from C1A PUD/C1A for the development of a 250 room hotel containing a 100 seat restaurant and a 32,000 sq. ft. water park facility. The development plans were revised by the City Council on May 14, 2007 to provide for the phased development of two hotels: • Phase I was an eight story, 175 room Embassy Suites Hotel on a 4.02 acre lot that included a 100 seat restaurant and a physical connection to the Earle Brown Heritage Center. • Phase II conceptually illustrated the location of a second hotel and the agreement identified the following Hotel Flags: Holiday Inn Express, Marriot Courtyard, Hilton Garden Inn, Indigo, Cambria, Staybridge, Homewood, Hampton, Comfort, or another equivalent hotel flag acceptable to the Authority with no less than 75 rooms, which hotel need not be a full service hotel. Attached for your reference is a copy of conceptual development plans and City Council Resolution No. 2007-70, which approved the amendment to the PUD Development Plans. In 2007, the City Council approved the final plat of Brooklyn Farm 2nd Addition which created a 4.02 acre lot for the Embassy Hotel project and a 2.18 acre lot for the Phase II site. The eastern 1/3 of the Phase II site included the existing pond, a portion of a cement pond, and the majority of the trail which connected to the Earle Brown Farm site. Attached is an aerial photograph of the Phase II site which illustrates the location of an access easement for the use of the main drive which enters the Embassy Hotel and the buildable area of approximately 1.5 acres. App.No.2013-008 PC 06/26/2013 Page 1 In 2009, the developer completed the Embassy Suite Hotel and informed the EDA that he was not in a position to complete the link to the Earle Brown Heritage Center. After months of negotiations on the developer's default in the terms of the Development Agreement by not completing the required Minimum Improvements, the EDA adopted Resolution No. 2010-14, an amendment to the Development Agreement which included the following actions: 1. amended the rights and obligations of the Authority, the City, and Developer relating to the developer's forfeiture of any rights to the Phase II development; 2. confirmed the D-Barn Lease Agreement and easements for the EDA's construction of the link; 3. approved adjustments to the payment of tax abatements for the Phase I development, including the right of set off to secure the D-Barn Lease and Link Maintenance Agreement; and 4. conveyed the development rights for Phase II to the EDA and the obligation to construct the link to the Earle Brown Heritage Center. On May 30, 2013, the EDA adopted Resolution No. 2013-03, a Resolution Accepting Minnesota Hospitality Inc.'s Letter of Intent for the Development of Lot 2, Block 1 Brooklyn Farm 2nd Addition and Authorized the Preparation of a Development Agreement (Phase II Embassy PUD Site). PROPOSED AMENDMENT The conceptual development plans for Phase 1I by Minnesota Hospitality Inc. include the following changes from the conceptual plans illustrated on the 2007 Hotel plans approved as part of the Brooklyn Hotel Partners PUD application: 1. The orientation of the hotel has changed from a westerly entrance facing Earle Brown Drive to a central entrance facing the main entrance drive and entrance to the Embassy Suites Hotel, 2. The plan changes unidentified hotel with a minimum 75 room hotel with 85 parking stalls to an 81 unit Candlewood Extended Stay Hotel with 86 parking stalls. 3. The plan continues to utilize the shared access points on Summit Drive and now provides a connection to the sidewalk within the Earle Brown Drive boulevard and the trail connection to the Earle Brown Heritage Center. 4. The plan provides additional green space and yard area which complements the open space and outdoor court area of the adjacent office building. App.No.2013-008 PC 06/26/2013 Page 2 5. The architectural development standards for this hotel are identical to the Shingle Creek Crossing PUD, including: • At least 50% of all four sides of wall surfaces of the hotel will be constructed of Class I materials and the remainder of Class II materials. • Class I materials include: brick or acceptable brick-type material, natural looking stone,textured cement stucco, copper, architectural panels or masonry units with enhanced detailing such as patterns, textures color, dimension, banding, brick inlay or glass. • Class II materials include: EFIS, pre-finished metal, concrete block, fiber- reinforced cement board siding, canvas or vinyl awnings. The City's PUD ordinances states its purpose 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. The ordinance allows the Planning Commission to consider the uniqueness of each PUD and enables the specifications and standards for streets, utilities, public facilities, approval of land subdivisions, and modifications to zoning standards. As part of this application, the EDA is requesting consideration to the following modifications: 1. That the parking standards for this project are adjusted from one space for each unit plus one space for each employee on any one shift is modified to one space for each unit plus one space for each employee on the evening shift. 2. That as part of the site plan approval the City will consider a simple metes and bound description to facilitate a land division and combination of the eastern portion of this platted lot (pond and trail) to the Earle Brown Heritage Center, in lieu of a formal replat of Lot 2, Block 1, Brooklyn Farm 2°a Addition. FINDINGS & RECOMMENDATION Similar to those findings included in the 2007 PUD approval, Staff finds: 1) The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2) The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3) The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform to the ordinance standards except for allowing a green strip along the Earl Brown Drive right of way that is less than 15 ft. This modification from the CIA ordinance standard is justified on the basis of the development plan being an appropriate plan for this area and that it is App.No.2013-008 PC 06/26/2013 Page 3 off set 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 development can be considered an asset to the community. 6) In light of the above considerations, it is believed that the Guidelines for Evaluating Rezoning's as contained in Section 35-208 of the City's Zoning Ordinance are met and the proposal is,therefore, in the best interest of the community. RECOMMENDATION Staff recommends the Planning Commission adopt the attached Resolution No. 2013-08, which comprehends the approval of Planning Application No. 2013-007, the PUD Amendment to the 2007 Brooklyn Hotel Partners LLC/Embassy Suites Planned Unit Development project, which would allow the reconfiguration and approval of a new 4-story, 81 room Candlewood Suites on the vacant development site owned by the City's EDA, subject to the same considerations and conditions noted in City Resolution No. 2007-70,adopted May 14, 2007,noted as followed: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all required site improvements. 4. B-612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. App.No.2013-008 PC 06/26/2013 Page 4 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 11. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The applicant's storm water management plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of building permits for this project. 13. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the CIA underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 14. The development plans shall be modified in the following manner: a. To provide a lighting plan consistent with the requirements of Section 35-712 of the City Ordinances regarding lighting. b. To provide a parking plan consistent with the parking requirements for a hotel and restaurant complex or an appropriate off-site parking arrangement that will accommodate the two phase proposal. c. To provide the elimination of all parking lot encroachments into the public right of way. 15. Approval of the 75 room hotel indicated as future development on the site is subject to the Planned Unit Development amendment process prior to the issuance of building permits for that project. 16. The property owner shall enter into an agreement for maintenance and inspection of utility and storm drainage systems, as approved by the City Engineer, to insure continued maintenance of on-site utilities and storm water facilities. 17. The property owner shall dedicate a drainage and utility easement over all portions of the storm water detention pond within the hotel property as approved by the City Engineer. App.No.2013-008 PC 06/26/2013 Page 5 Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2007-70 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2007-008 SUBMITTED BY SETH OLIVER (BROOKLYN HOTEL PARTNERS,LLC) WHEREAS, City Council Resolution No. 2005-97 adopted on June 27, 2005 approved a rezoning from CIA (Service-Office, no height limit) to PUD/C 1 A (Planned Unit Development/Service- Office, no height limit)of a 6.2 acre site located on the east side of the west leg of Earle Brown Drive(to be addressed as 6300 Earle Brown Drive);and WHEREAS, that proposal comprehended the rezoning of the above mentioned property and development plan approval for a 250 room hotel containing a 100 seat restaurant and a 32,000 sq.ft.water park facility on the above mentioned site;and WHEREAS, that specific development plan is no longer being considered for implementation;and; WHEREAS, Planning Commission Application No. 2007-008 consisting of a PUD amendment to allow construction of the first phase of a two building hotel complex consisting of an eight story, 175 room Embassy Suites hotel and 100 seat restaurant with a physical connection to the Earle Brown Heritage Center has been proposed by Seth Oliver (Brooklyn Hotel Partners, LLC); and WHEREAS, the Planning Commission held a duly called public hearing on April 26, 2007 when a staff report and public testimony regarding the Planned Unit Development amendment were received;and WHEREAS, the Planning Commission recommended approval of Application No. 2007-008 by adopting Planning Commission Resolution No. 2007-02 on April 26,2007; and WHEREAS, the City Council considered Application No. 2007-008 at its May 14, 2007 meeting;and WHEREAS, the City Council considered this Planned Unit Development amendment request in light of all testimony received, the Guidelines for Evaluating Rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development Ordinance contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan, City Council Resolution No. 2005-97 and the Planning Commission's recommendations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2007-008 submitted by Seth Oliver (Brooklyn Hotel Partners,LLC)be approved in light of the following considerations: RESOLUTION NO. 2007-70 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 with complimentary to and of question m a manner which is compatible p ary comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with the ordinance standards except for allowing a green strip along the Earl Brown Drive right of way that is less than 15 ft. This modification from the CIA ordinance standard is justified on the basis of the development plan being an appropriate plan for this area and that it is off set 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 development can be considered an asset to the community. 6. In light of the above considerations, it is believed that the Guidelines for Evaluating Rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and the proposal is,therefore,in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No.2007-008 be approved subject to the following conditions and considerations. 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all required site improvements. 4. B-612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. RESOLUTION NO. 2007-70 6. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. The applicant shall submit an as built survey of the property,improvements and utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 11. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The applicant's storm water management plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of building permits for this project. 13. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the CIA underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 14. The development plans shall be modified in the following manner. a. To provide a lighting plan consistent with the requirements of Section 35-712 of the City Ordinances regarding lighting. b. To provide a parking plan consistent with the parking requirements for a hotel and restaurant complex or an appropriate off site parking arrangement that will accommodate the two phase proposal. c. To provide the elimination of all parking lot encroachments into the public right of way. RESOLUTION NO. 2007-70 15. Approval of the 75 room hotel indicated as future development on the site is subject to the Planned Unit Development amendment process prior to the issuance of building permits for that project. 16. The property owner shall enter into an agreement for maintenance and inspection of utility and storm drainage systems,as approved by the City Engineer,to insure continued maintenance of on site utilities and storm water facilities. 17. The property owner shall dedicate a drainage and utility easement over all portions of the storm water detention pond within the hotel property as approved by the City Engineer. May 14 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Mark Yelich and upon vote being taken thereon,the following voted in favor thereof- Tim Willson, Kay Tasman, Dan Ryan, and Mark Yelich; and the following voted against the same:Mary O'Connor; whereupon said resolution was declared duly passed and adopted. n _ ..I SL P d HOU O FUTURE 75 ROOMS (PHASE II) O S BlE C A O O OREMAN H 01 Q ° pDR, O - 00 _ TFM • 11 Earle Brown m Embassy Location Map Access Easement JIL 2012 Aerial Map ni -� - ' ies a Y � EDA Parcel lop r _• /� Lot 2, Block 1 , Brooklyn -� m�.y •� ANt Farm 2nd Addition Ss • (Phase 11 Embassy PUD) .':'I t'.Il� _ -- i't,. _J�la.il:aVJ� • �a f•••. nu mi ~ EMBASSY SUITES uj extsnNG i i \� a •vnY .. NEW HOTEL .. • pmt i CONCEPT FOR 87 PARKING SPACES i�++ EARL BROWN CENTER I BROOKLYN CENTER,MN Ce HOTEL 4 STORY r..... Si ROOMS f � Mai ni o - — �\��^_ architects & planners 280 Watertown Road,Long Lake.MN 55356-9499 962.47$.4434• Fax 952.476.5863•nw@weberarchitects.com SHARED DRIVE MAW- _. _-� .Arr, 87 PARKING SPACES t y i DROP OFF (1 © TO STR IDEWALK EET ,-1 , fi+1J FOUNTAIN i HOTEL 1 4 STORY 81 ROOMS W ~ `-�f. • GAZEBO • \ , I {{ S —_ TRASH SHARED DRIVE 0 10 40 80 ' BROOKLYN CENTER SITE PLAN - CANDLEWOOD SUITES PROJECT DESCRIPTION; SITE FEATURES INCLUDE; The hotel(Candlewood Suites)will . Shared entrance drives a the be an 81 room hotel of 4 story north and south property construction.It is located adjacent to lines. the existing Embassy Suites Hotel . Includes the standard gazebo and Earl Brown Conference center. at the south side of the hotel It will be designed and constructed . Hotel will be a side entrance to meet Candlewood Suites as well as shown on the plan. as requirements as stated in the LOI a The hotel will provide letter dated 9 April 2013. connections to the sidewalk at Earl Brown Drive as well as connecting the trail system at the existing pond. 1 HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION CT OR ITECT REPORT WAS PREPARED BY ME OR UNDER MV DIRECT 02280`.! V SUPERVISION AND THAT 1 AM A DULY REGISTERED ARCH UNDER THE LAWS'OOF,THE STATE OF MINNESOTA. architects ,& planners I Aim DATE 1 1 14 Watertown Road,Long Lake,Mtn 55358-9419 NEIL WEBER,AIA REGISTRATION N1 1325 962.476.4434- Fax 952.478.5863-nwoweberarchitects.com ewM+luvrv.a 1 _ - WEST ELEVATION E . E NORTH ELEVATION PRELI M I NAY ELEVATIONS I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR 4w 5 UNDER MY DIRECT REPORT WAS PREPARED BY ME CAN D L E W O O D SUITES UNDER TIHE LAWS OP THERM A EUORY INNESOTAD ARCH11ECi O BROOKLYN CENTER, MN ��` GATE `n� AM 1 architects s planners NEIL WEBER,AIA REGISTRATION 411325 2280 WateAown Road,Long Lake,MN 55356-9419 j 962.476.4434• Fax 952,476 5863•nw®weberarchftects.com ----� EAST ELEVATION El SOUTH ELEVATION sags PRELIMINAY ELEVATIONS I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED 8Y SUPERVISION AND THAT I AM CA N D L E W O O D SUITES UNDER THE LAWS OF THE STATE DULY MINNESOTA.SOTAD ARCHITECT L architects 8 planners BROOKLYN CENTER, MN �ti �U. ^' DATE N ZotS 2280 Watertown Road,Long Lake,MN 55356-9419 NEIL WEBER,AIA REGISTRATION il11325 1 952.476.4434• Fax 952.476.5863•nw@weberarchitects com 1 :4 s. a. 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( SI]q' ( aT1t1gG STUDIO AM SRm@OA SNO�IOAt .. i X ROOM 19 •./r 01}Si ' ' � 1+^•' IL SV 4 a t � lLtJ p01 • rtil -- _ .. �-�wAtLw� - -_ _ s Diet 4 1 I - - - - -- ..._. cv. t - l LOW p �. =0 I I ! 1 1 ! r)I1rA0C0 STUplpa arWIOA R1UMAi STIMMO .�, - ' ! 14 txLt:nnrp 1 J _ a?lRga 21 111 owl ._ELECTMCAL AlOcx, _ - fXl N 1! fr N M Itl Itl Itl �' I I t,r Rr rtl Rr tLlr f! 1 trr wr wr wr Nr 1 I+ar I _ _ tA•°r xr wr Mr i 1Itl -Am - FIRST FLOOR BF,► I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BY ME OR UNDER DIRECT SUPERVISION AND THAT 1 AM A DULY REGISTERED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA. architects & planners Vlii./ l(iLs ! uR� Y1J(3 DELI 2280 Watertown Road,Long Lake,MN 55356-9419 NEIL WEBER,AIA REGISTRATION 411325 wto Ave AAVA. c...,oao Al.roco Commissioner Dean Ryan introduced the following resolution and moved its adoption: EDA RESOLUTION NO. 2013-03 RESOLUTION ACCEPTING MINNESOTA HOSPITALITY INC'S LETTER OF INTENT FOR DEVELOPMENT OF LOT 2,BLOCK 1,BROOKLYN FARM 2ND ADDITION AND AUTHORIZING THE PREPARATION OF A DEVELOPMENT AGREEMENT(PHASE II EMBASSY PUD SITE) WHEREAS, on June 27,2005,the City Council adopted Resolution No.2005-97, which approved the rezoning of a 6.2 acre parcel from CIA to PUD/C I for the development of a 250 room hotel containing a 100 seat restaurant and a 32,000 sq. ft. water park facility; and WHEREAS, on October 23,2006,the City Council adopted Resolution No.2006- 121,which approved a Property Tax Abatement Plan and Development Agreement with Brooklyn Hotel Partners in connection with two full service hotels and related facilities; and WHEREAS, on October 23, 2006, the EDA adopted Resolution 2006-12, which deleted this 6.2 acre parcel from Tax Increment Financing District No. 2 and Approved and Authorized the Execution of a Development Agreement; and WHEREAS, on May 14,2007,the City Council adopted Resolution 2007-70,which approved an amendment to the PUD/C 1 A Development Plans for the 1St phase of a two building hotel complex,consisting of an eight story, 175 room Embassy Suites Hotel and 100 seat restaurant with a physical connection to the Earle Brown Heritage Center; and WHEREAS, on July 9,2007,the City Council adopted Resolution No.2007-100, approving the Final Plat of Brooklyn Farm 2"d Addition, which created a 4.02 acre lot for the 1 st phase development of an Embassy Suites Hotel and a 2.18 acre lot for the 2nd phased as conceptually illustrated on the approved PUD Development Plans; and WHEREAS, on July 23,2007,October 8,2007,and December 27,2007,the EDA adopted Resolution 2007-12, Resolution No.2007-19,and Resolution No.2007-23 which approved minor amendments to the Development Agreement Between the Economic Development Authority and Brooklyn Hotel Partners; and WHEREAS, the Brooklyn Hotel Partners completed the 175 room hotel and 100 seat restaurant in 2009,but were unable to complete the pedestrian link to the Earle Brown Heritage Center and were in default to the terms of Development Agreement; and WHEREAS, on June 28, 2010, the EDA adopted Resolution No. 2010-14, the Fourth Amendment to the Development Agreement and Certain Related Agreement which modified and amended the following: EDA RESOLUTION NO. 1013-03 1. The rights and obligations of the Authority,the City,and the Developers as it related to the construction of the connection and development of the Phase II site, 2. Amended the Parking,Access and Pedestrian Link Agreement relating to the location of the link to be constructed by the EDA, 3. Revised the Lease Agreements for the D-Barn; and WHEREAS, on April 11,2011 the EDA adopted Resolution No. 2011-08,which approved a Spending Plan authorized under the 2010 Minnesota Jobs Act,which enabled$360,000 from Tax Increment District No. 2,to fund the construction of the portion of the link relating to the D-Barn Lease and the EDA advanced the funds projected from the future sales of the Phase II site to complete the pedestrian link to the Earle Brown Heritage Center; and WHEREAS, on October 10,2011,the EDA adopted Resolution No.2011-22,which approved the termination of the Cement Pond/Fountain Easement, accepted a new trail easement from Wings Financial, and conceptualized the future trail, lighting, and placement of a fountain within the pond; and WHEREAS, Minnesota Hospitality Inc. has expressed an interest in the development of the Phase II site for the construction of a 4 story, 81 room extended stay hotel consistent with the conceptual development plans of the approved PUD plans and with similar provisions for a Tax Abatement Plan as approved for the initial Phase 11 development, and Whereas, Minnesota Hospitality Inc. has provided a letter of intent for the purchase of Lot 2,Block 1,Brooklyn Farm Second Addition,excludes the area of the pond and trail, for the amount of$500,000 with terms and conditions to be formalized in a development agreement. NOW,THEREFORE,BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that the Executive Director is hereby authorized to execute the Letter of Intent with Minnesota Hospitality Inc,and to proceed with the negotiations and preparation of the appropriate development agreement and actions necessary for the conveyance and development of Lot 2, Block 1 Brooklyn Farms 2nd Addition. Phase I1 Embas$y PUD Site) MU 13,2013 Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Lin Myszkowski and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. MEMORANDUM DATE: June 21,2013 TO: Tim Benetti, Planning and Zoning Specialist FROM: Steven J.Jankowski,Assistant City Engineer SUBJECT: Public Works Review Memo—PUD Amendment Candlewood Suites Public Works Department staff has reviewed the following submissions which have been prepared for the planned unit development(PUD)Amendment site(Proposed Candlewood Suites Development) located at 6250 Earle Brown Drive: • Location map 2006 Aerial • 2007 PUD Development Plan • Location Map 2012 Aerial • Motel Concept, May 1, 2013 • Motel Site Plan, May 1, 2013 The following recommendations, comments and conditions are provided: General items: 1. The following item(s)are required PUD application and review items that have not been provided and/or included with the application and drawings as required by City Ordinance 35-355 and likewise have not been evaluated as required: a. Utility Plans b. Drainage Plans c. Grading, Temporary Erosion Control and Permanent Erosion Control Plans d. Landscape Plans e. Lighting Plans f. Timing and Phasing Plans g. Irrigation is required for the site.A copy of the irrigation plan needs to be provided. h. Parking evaluation in accordance with City Ordinance 35-704 2. All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center's standard specifications and details. The City's standard details must be included in the plans. 3. This development is required to be reviewed by the Shingle Creek Watershed Management Commission. All current City and Watershed storm drainage,treatment and infiltration standards are required to be met. 4. Parking lot spaces and drive lane dimensions must comply with the minimum design standards provided in City Ordinance 35-702. 5. The total maximum peak discharge rate to the public sanitary sewer system from the site (included both hotels buildings)must not exceed 425 gallons per minute under any Public Works Review Memo—PUD Amendment Candlewood Suites Page 2 June 21, 2013 circumstances per prior approval conditions.The applicant must provide sanitary sewer peak discharge calculations for both buildings.These calculations must be in written report form and certified by a licensed Professional Engineer in the state of Minnesota.A building permit for the proposed development will not be issued until sufficient evidence is provided regarding compliance with this sanitary sewer peak discharge limitation. 6. The applicant must conduct fire flow testing of the water system along Earle Brown Drive in the presence of Public Works Utility staff. The applicant must provide sufficient data to the City Building Official to document the extent of fire flow capacity for the proposed building. 7. Sanitary sewer manholes must be placed near the right-of-way along all sewer services serving any proposed restaurant or other central kitchen facilities. 8. Fire and domestic water services must be separated prior to entering the building. Domestic and fires services must have separate exterior gate valves or PIVs to allow isolation of individual water services lines. 9. Provide vehicle turning and tracking movement diagrams for delivery vehicles and garbage trucks. 10.Provide details for pedestrian and bicycle facilities throughout the site (e.g. bike racks, benches,trail and sidewalk connectivity plans to internal and regional systems,etc.). 11. Provide a travel demand management plan. 12. Inspection for the private site improvements must be performed by the developer's design/project engineer.Upon project completion and in connection with the certified as- built record drawings,the design/project engineer must formally certify through a letter that the project was built in conformance with the approved plans and under the design/project engineer's immediate and direct supervision.The engineer must be certified in the state of Minnesota and must certify all required as-built drawings. 13. Upon project completion,the applicant must submit an as-built survey of the property, improvements and utility service lines and structures, and provide certified record drawings for any associated private and/or public improvements prior to issuance of the Certificate of Occupancy.The survey must also verify that all property corners have been established and are in place at the completion of the project. Easements and Agreements: 14.A declarations of covenants and restrictions agreement is required that includes all conditions of the PUD project approval. 15. A development/subdivision agreement will be required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 16.An overall easement agreement will be required that will provide the City accessibility to all private utilities and storm drainage areas to inspect and enforce proper utility service and maintenance for the entire site.This easement agreement includes private inspection, maintenance and reporting responsibilities and must be executed prior to issuance of building occupancy. 17.No portion of the building or appurtenant structures may encroach on the City drainage and utility easement. 18. Provide an agreement for use, connectivity,maintenance and operation of trail adjacent to the existing pond. 19.A Performance Agreement is required that includes all conditions of the project approval, Public Works Review Memo—PUD Amendment Candlewood Suites Page 3 June 21,2013 subject to the final site plan approval by the City Engineer. 20. The applicant shall be responsible for coordinating site development plans with all private utility companies (Xcel Energy, CenterPoint Energy, Qwest Communications, etc.). Easements necessary to provide utility service to the proposed site development should be dedicated as necessary. 21.Private site appurtenances(e.g. light poles, signs, etc.)must not encroach on public easement areas. If such an encroachment exists and is determined by the City to be not adverse to the public interest, such encroachments will require an Encroachment Agreement. 22.A cross-access driveway agreement is required between adjacent properties to the north and south. Anticipated Permitting: 23. A City of Brooklyn Center land disturbance permit is required. 24.An MPCA NPDES permit is required. 25. Shingle Creek Watershed Management Commission(SCWMC) plan review and approval is required. 26. Other permits not listed may be required and is the responsibility of the developer to obtain as warranted. 27. Copies of all required permits must be provided to the City prior to issuance of applicable building and land disturbance permits. Prior to Issuance of Land Alteration and Building Permits: 28. Submit recorded copy of all agreements. 29. Submit final site plans and specifications for review and approval by the City Engineer in form and format as determined by the City. The final plan must comply with the approved preliminary plan. 30. Submit a letter of credit or cash escrow for the land disturbance portion of the project in the amount of 100%of the estimated cost or in the amount determined by City staff to comply with the land alteration permit, site improvements and to restore the site.The developer may submit one itemized letter of credit, if approved by City staff. 31.A Construction Management Plan and Agreement is required that addresses general construction activities and management provisions,traffic control provisions, emergency management provisions, storm water pollution prevention plan provisions,tree protection provisions, general public welfare and safety provisions, definition of responsibility provisions, temporary parking provisions, overall site condition provisions and non- compliance provisions.The plan must be in a City approved format and must outline minimum site management practices and penalties for non-compliance. 32. Submit a separate$2,500 cash escrow for the construction management plan elements as part of the non-compliance provision. This escrow must be accompanied by the agreement and signed by the developer and property owner. Through this document,the developer and property owner will acknowledge: a. The property will be brought into compliance within 24 hours of notification of a violation of the construction management plan, other conditions of approval or City code standards. Public Works Review Memo—PUD Amendment Candlewood Suites Page 4 June 21, 2013 b. If compliance is not achieved,the City will use any or all of the escrow dollars to correct any deficiency and/or issue. 33. Schedule and hold a preconstruction meeting with the City staff. All aforementioned items, comments and recommendations are provided based on the information submitted by the applicant at the time of this review. The PUD amendment and site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions above. Subsequent approval of the final plan may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading, geometric design and other design elements as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. Member introduced the following resolution and moved its adoption; PLANNING COMMISSION RESOLUTION NO. 2013-08 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-007 SUBMITTED BY ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF BROOKLYN CENTER OF A PLANNED UNIT DEVELOPMENT AMENDMENT TO THE 2007 BROOKLYN HOTEL PARTNERS LLC/EMBASSY SUITES PLANNED UNIT DEVELOPMENT TO PROVIDE FOR THE ALLOWANCE OF A NEW 81-UNIT CANDLEWOOD SUITES HOTEL (LOCATED AT 6250 EARLE BROWN DRIVE) WHEREAS, City Council Resolution No. 2005-97 adopted on June 27, 2005 approved a rezoning from CIA (Service-Office, no height limit) to PUD/C 1 A (Planned Unit Development/Service- Office, no height limit) of a 6.2 acre site located on the east side of the west leg of Earle Brown Drive (to be addressed as 6300 Earle Brown Drive,the"Subject Site"); WHEREAS, that proposal comprehended the rezoning of the above mentioned property and the original development plan approval of a 250 room hotel containing a 100 seat restaurant and a 32,000 sq. ft. water park facility on the Subject Site,which never developed; and WHEREAS, Planning Commission Application No. 2007-008 consisted of a PUD Amendment submitted by Brooklyn Hotel Partners, LLC, to allow construction of a two building hotel complex, one consisting of an eight story, 175 room Embassy Suites hotel, a 100 seat restaurant and physical connection to the Earle Brown Heritage Center, along with a future Phase II development of a complimentary 75-room,unidentified hotel; and WHEREAS, on May 14, 2007, the City Council adopted Resolution No. 2007-70, which accepted the PUD Amendment comprehended by Brooklyn Hotel Partners, LLC, and allowed the development of the new Embassy Suites hotel to begin; and WHEREAS, in 2009, Brooklyn Hotel Partners,, LLC completed the main construction of the Embassy Suites Hotel, but failed to complete the physical connection (the "Link") to the Earle Brown Heritage Center and other improvements as required under the PUD Development Agreements with the City; and WHEREAS, due to this failure to complete the PUD Improvements, the City's EDA adopted Resolution No. 2010-14, an amendment to the Development Agreement which included the following actions: 1. amended the rights and obligations of the Economic Development Authority, the City, and Developer relating to the developer's forfeiture of any rights to the Phase II development; 2. confirmed the D-Barn Lease Agreement and easements for the EDA's Page 1 construction of the link; 3. approved adjustments to the payment of tax abatements for the Phase I development, including the right of set off to secure the D-Barn Lease and Link Maintenance Agreement; and 4. conveyed the development rights for Phase II to the EDA and the obligation to construct the link to the Earle Brown Heritage Center. WHEREAS, the EDA has now entered into a new purchase agreement with Minnesota Hospitality Inc. to provide a new four story, 81-unit Candlewood Extended Stay Hotel on the Subject Site, providing the City approves a PUD Amendment to allow this new hotel development to take place on the Subject Site,with certain conditions; and AND WHEREAS, the Planning Commission held a duly called public hearing on June 26, 2013, whereby a staff report and public testimony regarding the Planned Unit Development Amendment were received and considered by the Planning Commission; the Planning Commission considered the Planned Unit Development Amendment request in light of all testimony received, including the guidelines for evaluating such amendments as 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 of the City of Brooklyn Center that Application No. 2013-007 submitted by the Economic Development Authority for the City of Brooklyn Center of a Planned Unit Development Amendment to the 2007 Brooklyn Hotel Partners LLC/Embassy Suites Planned Unit Development, in order to provide for the allowance of a new 81-Unit Candlewood Suites Hotel, located at 6250 Earle Brown Drive, be approved in light of the following considerations: 1) The Planned Unit Development is compatible with the standards,purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2) The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3) The utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use of the property and will conform to the ordinance standards except for allowing a green strip along the Earl Brown Drive right of way that is less than 15 ft. This modification from the CIA ordinance standard is justified on the basis of the development plan being an appropriate plan for this area and that it is off set or mitigated by various factors contained in the approved site plan. Page 2 4) Th Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5) Th Planned Unit Development proposal appears to be a good long range use of the existing land and this development can be considered an asset to the community. 6) In fight of the above considerations, it is believed that the Guidelines for Evaluating Rezoning's as contained in Section 35-208 of the City's Zoning Ordinance are met and the proposal is, therefore, in the best interest of the community. BE IT F THER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2013-007 be approved subject to the following conditions and considerations, which shall remain the same considerations and conditions noted in previous City Resolution No. 2007-70, adopted May 14, 2007, and noted as followed: 1. The building plans are subject to review and approval by the Building Of icial 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 he issuance of building permits to assure completion of all required site improvements. 4. B-612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of Page 3 the City Ordinances. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center Standard Specifications and Details. 11. The applicant shall provide appropriate erosion control during construction as approved by the City Engineering Department and obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The applicant's storm water management plan shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of building permits for this project. 13. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the CIA underlying zoning district as well as other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 14. The development plans shall be modified in the following manner: a. To provide a lighting plan consistent with the requirements of Section 35-712 of the City Ordinances regarding lighting. b. To provide a parking plan consistent with the parking requirements for a hotel and restaurant complex or an appropriate off-site parking arrangement that will accommodate the two phase proposal. C. To provide the elimination of all parking lot encroachments into the public right of way. 15. Approval of the 75 room hotel indicated as future development on the site is subject to the Planned Unit Development amendment process prior to the issuance of building permits for that project. 16. The property owner shall enter into an agreement for maintenance and Page 4 inspection of utility and storm drainage systems, as approved by the City Engineer, to insure continued maintenance of on-site utilities and storm water facilities. 17. The property owner shall dedicate a drainage and utility easement over all portions of the storm water detention pond within the hotel property as approved by the City Engineer. June 26,2013 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon,the following voted in favor thereof Chair , Commissioners and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Page 55 3 rBR tr n! I,I V YT6R Planning Commission Report Meeting Date: June 26,2013 • Application Filed:N/A • Review Period(60-day)Deadline:N/A13 • Extension Declared:N/A • Extended Review Period Deadline:N/A Application No. 2013-008 Applicant: City of Brooklyn Center Location: 3 95 5, 4001 &4007—69th Avenue North Request: Request for Comprehensive Plan Land Use Amendment from "SF-Single Family" to "RB-Retail Business" INTRODUCTION The City of Brooklyn Center is requesting to change the planned land use of an area in the community from "SF-Single Family" to "RB-Retail Business" designation. The subject area totals 1.76 acres in area, and is generally located immediately east of the new Luther Auto Honda-Toyota dealerships. The three single family parcels are locally addressed as 3955, 4001 &4007—60 Avenue North. Should the Planning Commission provide a favorable recommendation and City Council accepts the proposed land use amendment, staff will request authorization to submit an official application of said amendment to the Metropolitan Council, which is required as part of the Metropolitan Land Planning Act. This report will provide background information, an analysis, and suggested recommendations to this land use amendment request. This item is being presented under a public hearing, with proper notice published in the local newspaper and mailed to the surrounding property owners. BACKGROUND The Luther Company acquired all of the land for its new Honda-Toyota dealership businesses on both sides of Brooklyn Boulevard, generally between I-94 and 69th Avenue North, as well as two single family homes off of 69th Avenue. This redevelopment included the remodeling and expansion of the dealership at 6801 and 6837 Brooklyn Boulevard referred to as the "Luther West Side Development" (Planning Commission Application No. 2008-003) plus the two new automobile dealerships recently developed and completed on the adjacent properties, addressed as 6700 and 6800 Brooklyn Boulevard("Luther Auto East Side Development") On July 17, 2008, the Planning Commission adopted Planning Commission Resolution No. 2008-005, which recommended the rezoning of the five (5) parcels owned by Luther Auto from C-2 Commerce and R-3 Multiple Family to PUD/C-2 Planned Unit Development/Commerce. This PUD also considered the overall development plan of the site, which illustrated the original layout of the two dealership sites. A majority of this Luther East Development was previously zoned C2 (Commerce) when purchased by Luther, except for the two single-family sites at the northeast corner of the site, App.No.2013-008 PC 06/26/2013 Page 1 which were zoned R3 Multiple Family Residence at that time. These residential parcels were designated as "RB-Retail Business" in the adopted Land Use Plan; therefore, there was no need to submit a land use amendment for these two parcels, and their rezoning from R3 to PUD/C2 was allowed. On July 28, 2008, the City Council adopted Resolution No. 2008-81, which approved the rezoning and the new development plan for the new Luther Auto Honda-Toyota Planned Unit Development. The Council also approved the replatting of this land under the now completed and recorded`Bri Mar 2nd Addition"plat. The three subject parcels under this consideration have also been acquired and cleared by Luther Auto to facilitate the expansion of their recently opened Honda dealership. This area is planned to be converted into additional vehicle storage only. In order to include this area into their auto development, the land must be rezoned. As noted, the new Luther Honda/Toyota development was approved with an overall PUD/C2 (Planned Unit Development/Commerce) district zoning, and these new lots need to take on this same zoning to facilitate this expansion. This rezoning is unable to take place until the land use is amended, since all city zoning must be consistent with the underlying land use for certain areas. The subject area is situated across from R1 Single Family Residence District, separated by a fairly wide, 4-lane/divided roadway system (691h Avenue); R3 Multiple Family Residence to the east and south; and as noted previously the PUD/C2 zoning to the west. The R1 district across the street is separated from this site by the four-lane divided roadway system of 69th Avenue North, which is nicely buffered by the extra wide right-of-way (note: the City acquired a number of single-family residences in the late 1990's to provide for this wider width, and installed a 10- foot trail and wooden screening fence along the abutting R1 residences along this roadway). The adjacent R3 zoned parcel to the east of the subject site is owned by the City of Brooklyn Center and contains the city's Water Tower No. 1. There are no plans to remove this tower or convey any portion of this land to Luther. To the south of this site are the Victoria Townhouse Apartments (6740 Grimes Avenue N.), which contain 48-units, serving primarily low to moderate income individuals and families. LAND USE & ZONING HISTORY In reviewing early city records, including previously adopted comprehensive plans and zoning maps, it appears this property has not undergone any significant changes throughout the last four decades. In 1961, the subject site was and most of the surrounding properties were zoned Single Family. The areas to the west of the site (which contained the original car dealership lot) was zoned B-3 (General Business District), which was the precursor to the City's current C2 Commerce District. - App.No.2013-008 PC 06/26/2013 Page 2 / re rx arc M.� •r-��--�—� h— Subject Sit, i 1 ROUTE AS 1961 Zoning In November 1966, the City adopted its first comprehensive plan. The land use plan map identified the city's 20-year planned land use designations from 1965 to 1985. The subject site was identified under this future land use plan as "Single Family", but also included a "Planned Development Area" hatching identification. The areas to the north were guided as Single Family; to the south as Townhouse/Garden Apartments and Single Family; and the west as Commerce (Retail-Service-Office). ; I • .I r PE Subject Site { / I INL LAND USE RESIDENCE _ SINGLE FAMILY DETACHED MULTIPLE FAMILY ^ _ - TOWNHOUSE/GARDEN APARTMENT .• III • .._. _ C, 11/2 STOREY ` y WAL K-U P A LOW AND HIGH RISE COMMERCE RETAIL,SERVICE-OFFICE L-.-L.. _'�� s — INDUSTRY 12 INDUSTRIAL PARK GENERAL PUBLIC FACILITIES �```` NOW PARK,RECREATION AND OPEN SPACE OTHER PUBLIC FACILITIES PLANNED DEVELOPMENT AREA App.No.2013-008 PC 06/26/2013 Page 3 Sometime between 1970 and 1974, the city staff discovered the subject site and surrounding properties were rezoned from RI-Single Family to R3-Multiple Family Residence (Townhouse/Garden Apts.). t — C Subject Site 4 's s TN AV[ O MOYNO CEMETERY 2 3 C2 - FR [WAY PARK ti 4 1974 Zoning Reviewing old city planning commission and city council meeting minutes during this period, it was again discovered that a developer attempted to rezone these parcels next to the city water tower site from the R1 to R3 for a future townhome development. City records however, indicate the rezoning was denied by the City Council in 1970. Continued research led to the discovery of this official Zoning Map of 1974, which reveals the site was identified as an R3 Zone. Research again proved fruitless as to when or how this site was rezoned. To the best of staff's knowledge, this site and the surrounding parcels have remained under the R3 District since this 1974 Zoning Map publication. App.No.2013-008 PC 06/26/2013 Page 4 In 1982, the City updated and adopted the 2000 Comprehensive Plan. Under this plan, the subject site was identified under the existing land use map as "Single Family". �. IJ F , z ,u Subject Site 1, M4 IL+ - I Residential Non-Residential I SIVGLE FAMILY DETACHED .COMMERCIAL T HOUSES INDUSTRIAL DUPLEXES ^' PLBLIC aM 5C1HOOL3 4 L_I 1 v^ MULTIFAMILY .SEMI-PUBLIC L f { lh V PAWS aTOOPEN SPACE f_ - `�'� - i ■UTILITIES r _... �UNDEVELOPED In 1998, the City again adopted its 2020 Comprehensive Plan update, and under that plan, the subject site (just these three lots) were left as Single Family, while the two lots to the immediate west were identified as "RB-Retail Business". This change to RB for these two lots was due to the expected acquisition and expansion of the existing auto dealership in this area. " r f L I Subject Site B ►� ......... _. es i - App.No.2013-008 PC 06/26/2013 Page 5 Finally, in 2010, the City adopted its 2030 Comprehensive Plan update, which revealed the subject site to remain as SF-Single Family and the adjacent parcels and other surrounding parcels designated for RB-Retail Business. Le8e 1d Planned F istingl sr' Future Use ;F~ Single Family SF Two or Three Family TF ` Townhome(Medium Density) TH '". Mull,Family(High Density) MF +i OHiceiService Business OS RB Subject Site Retal Business RB OS/RB ` M3 Industrial I Railroad or Utility RU RB Public and Semi-Public PS t' Schools $ Y - m "" Parks,Recreation,or Open PRO ki u Vacant Tt 7 Lakes and Rivers Roadways ` ....,. Airport ;, r•- fifth Ave O D < U3 ane 65th Ave The 2030 Comprehensive Plan also provides the following supporting statements for those areas near redevelopment spots or opportunity areas (as the plan identifies): "This Land Use Plan is intended to be flexible enough to respond to changing circumstances and market demands. The zoning ordinance more strictly defines the range of use possibilities. Some parcels show two or more potential land uses where more than one use seems appropriate, or show a use that may become feasible over the long-term rather than in the near future. As an example, a single-family home in need of redevelopment may be designated retail business or office service because of its location on an arterial roadway, but may continue to be zoned single-family until such time as redevelopment is proposed. Other areas need further study before any changes in land use are proposed." City staff is unable to determine or provide an explanation why the previous compressive plans clearly indicated the subject site as "Single Family" yet the zoning apparently was recognized and approved as R3 Multiple Family Residence for a number of years (almost 30 + years). For all intents and purposes, this R3 zone should have been considered inconsistent with this underlying SF-designation, which we believe may have been unintentional. App.No.2013-008 PC 06/26/2013 Page 6 R3 i romAxry R5 � W _ Subject Site C1 Pl#1C2 ux�u. , arr+AVes w awc_ err».._ Cl ' PUC/C2 { R3 z �� ry � eem wrery R3 12 c PJCr' ne Fumy Residence Cl1R6M O SCelS rvice S Multiple FRE ZONING DISTRICTS R7 3 TOwo Family RuidMu Family Residence }{ =PUDIRI Planned Unit y� R3 Multiple Family Residence Developmt tvOne Family Res. „b.Rs Multiple Family Residence PU DIR3 Planned Unit �k D-1cip—VIA.M.Family R6 Multiple Family Residence PUDIC?Planned Unit f R6 Multiple Family Residence DevalopmtnuOffica-Service vnwraaen;rr,K ) �/rj. : R7 Multiple Family Residence PUDIC1A Planntd Unit ® rvice/Ofiice DevelopmtntlORice-Service Cl Se PUDIC2 Planned Unit esm•vca ,C1IR5fR4 GARDEN C1ASevice/Offc. D...I.pm IlCommerce PARK P C2 Commerce PUDl11 Planned Unit g i-/Industrial Park DewlopmenVlndustrial Park z (b C7 GARDEN CITY PUD-MIXED ElEk£NTARY 1-2 General Industry x ��a' Q Central Commerce Overlay District °g a R5 WJ 01 Public Open Space ertx u 02 Public S Private Open Space ANALYSIS The following analysis will be based on proposing the expansion of the RB-Retail Business land use designation to the subject site. If the Planning Commission and City Council accept this land use amendment, the subject site will be presented under future consideration for a rezoning from R3 Multiple Family Residence to PUD/C2 (Planned Unit Development/Commerce) district. The analysis contained in this report does not include any findings or supporting statements related to this proposed rezoning. This analysis will only provide justification and reasoning to support this amendment which Staff believes are based on a number of factors. The City Code does not provide a set of criteria or means of determining a land use amendment of this nature; therefore, Planning Staff is electing to utilize those criteria listed under the City's "Rezoning Evaluation Policy and Review Guidelines" contained in Section 35-208 (revised for the purposes of this analysis section)to discern or ascertain the merits of this land use change. a. Is there a clear and public need or benefit [for this land use amendment l? If the original intent of this area was to provide additional "multiple-family" residential area, it clearly never took place or was never considered or ever again proposed s such since the early 1970's. Luther Auto has made a concerted effort to acquire these parcels through fair, "arms-length" transactions with the previous home owners, in order to obtain additional lands if necessary. The removal of these single family sites next to a App.No.2013-008 PC 06/26/2013 Page 7 very busy auto dealership, with the constant customer traffic, full service repairs, vehicle deliveries and movements inside the parking areas, makes more sense for these single family uses to be removed. The impacts of this proposed expansion of the dealership onto these lots is minimal in comparison to the overall scope and size of the entire Honda-Toyota development. The adjacent single family neighborhood to the north remains buffered and screened; and the adjacent R3 zoned Victoria Townhome development to the east is scheduled to be highly screened and buffered by an existing 30-foot green-strip buffer (as required by the Zoning Code) and a new 10-foot high decorative stamped concrete screening wall along this entire eastern boundary line by Luther Auto. It is staff's opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the City. The expanded redevelopment of this site will provide a balance to the overall business needs of the community and the other needs of adjoining properties. The redevelopment will provide an increase to the tax base in the community and may provide additional full-time employment opportunities. b. Is the proposed land use amendment consistent and compatible with the surrounding land use classifications? It is staff's belief that the proposed land use amendment would be consistent and compatible with those surrounding uses, especially if the buffers and screening measures are made and maintained throughout the duration of the operations of this auto business. The increased setbacks, screening and landscaping measures will reduce the impacts to these residential areas. c. Can all proposed uses in the proposed land use amendment area be contemplated for development of the subject property? The subject site is already being targeted for future expansion and incorporation into the previously approved and adjacent Luther Auto PUD project. These lots have been or will be cleared by the developer, and the City supports this business expansion into this area and made part of the current planned unit development. d. Have there been substantial physical or land use changes in this area since the subject property was amended? As indicated previously in this report, the subject area has been guided as "SF Single Family" and while starting out as zoned RI-Single Family during the 1960's, it was inexplicably rezoned to R3 Multiple Family. The area continued to be used as single family uses and the site was never investigated or researched by outside developer for multiple family residential development, other than a proposal made in 1970 (which was actually denied). The adjacent properties along Brooklyn Boulevard eventually saw some changes, to both land use and zoning, but most of these changes were supported or recognized as being acceptable due to the commercial corridor that is present along this important city business corridor. App.No.2013-008 PC 06/26/2013 Page 8 e. In the case of City initiated land use amendment proposals, is there a broad public purpose evident? The land use amendment will provide an opportunity to redevelop a site that has been vacant for a few years now and removes older, obsolete single family residences nearing their expectancy or usefulness. The "broad public purpose" to initiating this land use amendment was created due to the situation or circumstance surrounding the improvements made by Luther Auto to redevelop the old auto dealerships on the new PUD sites, and their desire to expand the facilities accordingly to the needs of the two dealerships on this site. The amendment provides the following added benefits to the community: i) redevelopment of tracts of land that are either vacant and under-utilized for number of years; ii) an increase to the business sector of the community; iii) increase the employment opportunities for the residents and surrounding communities; and iv) an increase to the overall tax-base. E Is the subject property generally unsuited for uses permitted in the present land use category with respect to size, configuration, topography or location? As noted previously, the current SF-Single Family land use category only provides for single family uses, but the rezoning has been R3 Multiple Family since at least 1974. Nevertheless, the subject parcels and the previously acquired parcels by Luther Auto have been used as single family, which is generally unsuited for the zoning district. The opportunities for additional multiple family residential developments of these lots seems remote and limited, due to the small size (even combined) and the limited right-in-right- out access causes by the divided roadway system in this area(69th Avenue). g. Will the land use amendment result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? 1. The current 2030 Comprehensive Plan and the adopted Land Use Plan calls for an expanded RB-Retail Business in this area, which has occurred and may be supported even in this smaller additional area. The Comp Plan provides the objective of promoting the redevelopment of obsolete, underutilized or vacant sites into uses that address the needs in the marketplace. This particular land use amendment would provide an option to redevelop and expand the new commercial auto dealership next door on these soon to be vacant and underutilized sites. 2. The 2030 Comp Plan indicates very limited amount of available commercial land exists or is available in this community. This amendment would expand the availability of commercial land. App.No.2013-008 PC 06/26/2013 Page 9 3. It is staff's belief that this land use amendment is in the best interest of the community, as it provides a real and possible immediate opportunity to redevelop a vacant, underutilized site. The amendment is supported by the goals and objectives of the city's 2030 Comprehensive Plan. Staff further believes this amendment appears to have merit beyond just the particular interests of the Applicant/Developer and should lead to a redevelopment that should be considered consistent and compatible with surrounding land uses. RECOMMENDATION Staff recommends the Planning Commission accept the request by the City of Brooklyn Center to amend the 2030 Comprehensive Plan, specifically that the subject site described herein, from its current "SF-Single Family" to "RB-Retail Business" land use designation, subject to the following conditions: 1) The Metropolitan Council approval of the land use amendment change of this site from"SF-Single Family"to "RB-Retail Business" land use designation. 2) If the subject areas identified herein is allowed to be changed, the developer (Luther Auto LLLP) must submit under separate planning applicant a request to rezone the parcels from R3 Multiple Family Residence to PUD/C2 Planned Unit Development/Commerce) District. 3) No part of this subject area or lands may be developed or used as part of the adjacent automobile dealership until such time as the land use amendment has been accepted and/or adopted by all interested parties, and until the zoning indicated in No. 2 above has been accepted and adopted by the City. App.No.2013-008 PC 06/26/2013 Page 10 Commissioner introduced the following resolution and moved its adoption PLANNING COMMISSION RESOLUTION NO. 2013-09 RESOLUTION RECOMMENDING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FROM "SF-SINGLE FAMILY" TO "RB-RETAIL BUSINESS", RELATIVE TO THE R3-MULTIPLE FAMILY RESIDENTIAL ZONED LAND GENERALLY LOCATED AT 3955, 4001 AND 4007 — 69TH AVENUE NORTH WHEREAS, on March 11, 2010, the Planning Commission unanimously approved the adoption of Planning Commission Resolution No. 2010-01, a resolution recommending that the Brooklyn Center City Council adopt the 2030 Comprehensive Plan Update; and WHEREAS, on March 22, 2010, the City Council unanimously approved the adoption of Resolution No. 2010-65, a resolution adopting the 2030 Comprehensive Plan Update; and WHEREAS, Luther Auto Group LLLP owns the three parcels referenced in the heading, consisting of 1.76 total acres of land, all currently zoned R3-Multiple Family Residence (Townhouse/Garden Apartments/Condos), and which three parcels noted herein shall be known as the"Subject Site"; and WHEREAS, Luther Auto Group LLLP owns the adjacent 16.5 acre Honda and Toyota dealership development located at 6700 and 6800 Brooklyn Boulevard, which is immediately adjacent to the Subject Site and was approved under separate planned unit development in 2008 by the City of Brooklyn Center and is currently zoned PUD/C2 (Planned Unit Development/Commerce)by the City Zoning Ordinance; and WHEREAS, Luther Auto Group LLLP is proposing to expand this new auto dealership development on the Subject Site, which requires rezoning, site and building plan and platting to complete this expanded redevelopment of the Subject Site; and WHEREAS, the current zoning of R3 Multiple Family Residence and underlying land use of SF-Single Family as identified in the 2030 Comprehensive Plan would not allow the redevelopment of this site as planned by Luther Auto Group, LLLP under such zoning and land use category; and WHEREAS, the City of Brooklyn Center initiated this land use amendment to the 2030 Comprehensive Plan in order to change the current land use designation of SF-Single Family to RB-Retail Business; and WHEREAS, subject to a successful outcome of this land use amendment action,the City will consider the proposed expansion and consideration of this PUD/C2 District zoning on the Subject Site under separate action and public hearing at a future Planning Commission meeting; and 1 WHEREAS, the Planning Commission held a duly called public hearing on June 26, 2013, whereby a planning staff report was presented and public testimony regarding the land use change; and WHEREAS, the Planning Commission considered the land use amendment request utilizing the guidelines for evaluating and determining the land use amendment as contained in the June 26,2013 planning staff report, and the City's 2030 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 the land use amendment to change the current land use designation from SF-Single Family to RB-Retail Business on the Subject Site may be approved, based upon the following findings: 1. There appears to be a justifiable and reasonable case to change this land use, and there appears to be a clear and public need or benefit for this land use amendment. 2. The proposed uses in the proposed land use amendment area can easily be accommodated and contemplated for development of the subject property. 3. The proposed land use amendment will be consistent and compatible with the surrounding land use classifications. 4. There have not been any real significant or substantial physical land use changes in this area since the subject property was amended. 5. The land use amendment will result in an expansion of a zoning district warranted or supported by the City's Comprehensive Plan and can be considered to be in the best interest of the community. 6. The Subject Site is generally unsuited for uses permitted in the present land use category with respect to size, configuration, topography or location, due in part to the size and limited access onto the adjacent roadway system. 7. The land use amendment may be supported and approved due to the evidence of a broad public purpose . BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that that the land use amendment to change the current land use designation from SF-Single Family to RB-Retail Business, may be approved subject to the following conditions: 1) The Metropolitan Council approval of the land use amendment change of this site from"SF-Single Family" to "RB-Retail Business" land use designation. 2 2) If the subject areas identified herein is allowed to be changed, the developer (Luther Auto LLLP) must submit under separate planning applicant a request to rezone the parcels from R3 Multiple Family Residence to PUD/C2 Planned Unit Development/Commerce) District. 3) No part of this subject area or lands may be developed or used as part of the adjacent automobile dealership until such time as the land use amendment has been accepted and/or adopted by all interested parties, and until the zoning indicated in No. 2 above has been accepted and adopted by the City. June 26, 2013 Date Chair ATTEST: Secretary The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon,the following voted in favor thereof- Chair, Commissioners and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3