HomeMy WebLinkAbout2002-006 Inf Sheet 69th Avenue North and Brooklyn Boulevard Application Filed on 5-2-02
City Council Action Should Be
Taken By 7-1-02 (60 Days)
Planning Commission Information Sheet
Application No. 2002-006
Applicant: Westbrook Development, Inc.
Location: Northeast Corner of 69th Avenue North and Brooklyn Boulevard
Request: Rezoning/Development Plan Approval - PUD/C-2
The applicant, Westbrook Development Inc. is seeking rezoning and development plan approval through the Planned Unit Development (PUD) process for the development of a 34,228 sq. ft.,
four building, mixed use commercial/retail development on a 5.6 acre site located at the northeast quadrant of 69th Avenue North and Brooklyn Boulevard.
The property in question is currently made up of 13 parcels or portions of parcels zoned C-2 (Commerce), 12 parcels or portions of parcels zoned R-1 (One Family Residence) plus vacated
June Avenue right of way lying between 69th and 70th Avenues North. This property was formerly occupied by single family homes and various commercial establishments that have all been
acquired by the City over the past seven or eight years for the purpose of redeveloping this area. The land is bounded on the south by 69th Avenue; on the west by Brooklyn Boulevard;
on the north by 70th Avenue; and on the east by a line lying 150 feet east of the June Avenue right of way between 69th and 70th Avenues.
BACKGROUND
This site has been the subject of City Council efforts over the past seven or eight years to encourage the redevelopment and rejuvenation of this area. It has been long anticipated
that some type of neighborhood commercial/retail development would be a likely proposal. The City’s Economic Development Authority (EDA), which is the City Council, after review of
a couple of development proposals entered into a Development Agreement with Christenson Corporation in 2001 to redevelop this area with a 45,000 sq. ft., four building commercial/retail
complex. The plan included a 4,224 sq. ft. BP Amoco convenience store/gas station/car wash; a 4,230 sq. ft. McDonalds convenience food restaurant; a 7,000 sq. ft. free standing retail
building; and a 29,575 sq. ft. multi-tenant retail building that was to be located along the east side of the property. A meeting was held between the then developer and neighboring
property owners immediately to the east of the proposed development on March 28, 2001 to discuss the proposal and in particular the proposed screening and site lighting. An acceptable
proposal was put together and the neighborhood reaction was generally favorable. Christenson Corporation then proceeded to seek PUD approval for their redevelopment project. The City
Council after review, public hearing and recommendation by the Planning Commission, approved the PUD/C-2 rezoning of the property and development plan approval for the Christenson Corporation
proposal on May 29, 2001 under City Council Resolution No. 2001-74.
Christenson Corporation was unable to perform under the stipulations of its Development Agreement with the City and defaulted on 11/1/01. The City went back to review the other proposal
it received from Westbrook Development, determined it was acceptable and proceeded, following a public hearing, to approve a Development Agreement in February 2002 based on conceptual
acceptance of that development proposal. Westbrook is now seeking the necessary PUD approval so their proposal can go forward. Their plan is quite similar to the Christenson plan,
however, different enough that the PUD process must be repeated. Attached is a copy of the development plan that was approved for the Christenson development one year ago.
Westbrook is now seeking the PUD/C-2 rezoning to accommodate their above mentioned commercial development which will include a 3,960 sq. ft. Super America convenience store/gas station/car
wash; a 4,230 sq. ft. restaurant or retail building; a 4,538 sq. ft. Culver’s Restaurant; and a 21,500 sq. ft. multi-tenant retail building to be located along the east side of the property.
The C-2 (Commerce) underlying zoning designation is being sought because it acknowledges all of the proposed uses as either permitted or special uses. They are seeking modifications
to the C-2 requirements to allow a less than 15 ft. greenstrip from the new Brooklyn Boulevard right of way in the location of the convenience store/gas station, and along 70th Avenue
North and to allow parking and a portion of a drive lane to encroach into a 35 ft. buffer along the east side of the site. All of these modifications are proposed to make a more efficiently
utilized site and will be offset by various planned considerations. The land in question is designated in the City’s Comprehensive Plan for expansion of retail business.
As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning
district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district
(in this case C-2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing redevelopment problems.
Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. As mentioned in this case, the applicant will
be seeking modifications to allow a less than 15 ft. greenstrip in specific locations along Brooklyn Boulevard and 70th Avenue North; and between a 5 ½ ft. and 24 ft. encroachment into
a 35 ft. buffer area along the east side of the site.
The less than 15 ft. greenstrip along Brooklyn Boulevard and 70th Avenue North is consistent with other city approvals that have allowed such a greenstrip along a major thoroughfare
where decorative screen walls or other screening devices have been used. This was done at Brookdale in a couple of locations along Xerxes Avenue and County Road 10. A gas station at
the northwest corner of 69th and Brooklyn Boulevard, although it never was built, was approved with less than 15 ft. greenstrip offset by a 3 ½ ft. high decorative wall. The applicant’s
proposal has a combined wrought iron masonry screen wall and retaining wall along the Brooklyn Boulevard and 70th Avenue greenstrip in the area to offset the lessened greenstrip. They
propose an 8 ft. high opaque screen wall made of a maintenance free material to run all along the east property line where the site abuts with the backyards of residential property located
along Indiana Avenue. This screen wall will tie into and be of a consistent or compatible design to the solid screen wall constructed by the city along 69th Avenue North. Landscaping
in this area is also proposed to offset the lesser than 35 ft. buffer area. Employee only parking and trash containers, along with a one-way (south) drive lane would be located between
the new building and the east property line. A condition imposed on the Christenson development and recommended in this situation also is to impose a trash pick up restriction in this
area to no earlier than 8:00 a.m. Deliveries to the rear of this building should also be confined to no earlier than 8:00 a.m. and no later than 5:00 p.m.
The Planning Commission’s attention is directed to Section 35-355 of the City’s Zoning Ordinance, which addresses Planned Unit Developments (attached).
REZONING
The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35-210 of the zoning ordinance as well as being consistent with
the city’s Rezoning Evaluation Policy and Review Guidelines contained in Section 35-208. The policy and review guidelines are attached for the Commission’s review.
The applicant has not submitted a written statement in response to the rezoning evaluation policy and review guidelines. The justification for this PUD is the same as that applied in
the 2001 proposal. This PUD like the one of 2001 combines the various parcels previously mentioned through a preliminary plat which is the subject of companion Application No. 2002-007.
The site is approximately 5.6 acres in area and the plan reflects the reduced land area required for the widening of Brooklyn Boulevard. The concept used in the layout of this retail
development is to have the major buildings oriented toward the streets and/or intersections in the immediate vicinity. The buildings are positioned such that the major central parking
areas are conveniently located near the entrances to each of the proposed structures. The three smaller perimeter buildings all face inward toward the center of the site and the central
parking areas. These buildings are generally developed as finished four-sided buildings since their backs or sides will face surrounding streets. Further review of the details of the
site plan will be presented later in this report.
As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the Zoning Ordinance. The
policy states that zoning classifications must be consistent with the City’s Comprehensive Plan and must not constitute “spot zoning” which is defined as a zoning designation which discriminates
in favor of a particular land owner and does not relate to the comprehensive plan or accepted planning principles. Each rezoning proposal must be considered on its merits and measured
against the city’s policy and against the various guidelines, which have been established for rezoning review. A detailed review of each of evaluation guidelines is not provided again
because the necessary findings are almost identical to the previous PUD proposal.
The rezoning evaluation policy and review guidelines basically require that any rezoning proposal can only be granted if there is a clear and public need or benefit associated with it;
that the proposal is consistent and compatible with surrounding land use classifications; that all proposed uses in the proposed zoning district can be contemplated for development;
that the property under consideration will bear fully ordinance development restrictions for the proposed zoning district; that the proposal is warranted by comprehensive planning and
the best interests of the community; and finally that the proposal demonstrates merit beyond the interests of an owner or owners of an individual parcel of land.
The current proposal, as well as the proposal from one year ago, is looked at as meeting a clear and public need or benefit. For a number of years the City has sought a redevelopment
of this highly visible area of the City. A commercial retail development such as being proposed is in line with the redevelopment that has long been sought after. Such a redevelopment
is considered consistent with the City’s Comprehensive Plan for this area and does meet a clear public need and provide a public benefit. It is believed that the proposed plan, as will
be shown later in the site plan review process, can be considered consistent and compatible with surrounding land use classifications given the proposal by the applicant and the recommended
restrictions to their operation particularly with respect to the neighboring property to the east. Overall, the plan is believed also to be consistent and compatible with other surrounding
land uses.
The proposal will bear the ordinance restrictions for this planned unit development even with some deviations from the standard ordinance requirements. The lesser greenstrip along Brooklyn
Boulevard and 70th are offset by a decorative fence which have been used on other occasions to offset smaller than normal greenstrips. The buffer strip and screening to the east of
the site from the neighboring residential property also is a good buffer for this redevelopment and offsets potential negative aspects. The parking in this location for the most part
will be employee parking and will not be extensive. The screening device, which is a maintenance free material to match existing screening along 69th Avenue should be appropriate.
As well trash screening devices are acceptable and a condition that limits trash pickup in this particular area is appropriate.
All in all we believe that the proposal does have merit beyond the particular interests of only the developer and will lead to a development that is consistent and compatible with the
surrounding land uses. We believe the proposal provides a quality development, consistent with the comprehensive plan and the general interests of the community as well.
SITE AND BUILDING PLAN PROPOSAL
The proposal again calls for an approximate 34,228 sq. ft., four building commercial retail redevelopment of the northeast corner of 69th and Brooklyn Boulevard. A Super America convenience
store/gas station/car wash would be located at the northwest corner of the site, a 4,230 sq. ft. restaurant or retail building would be located adjacent to 70th Avenue North, a 4,538
sq. ft. Culver’s Restaurant would be at the southwest corner of the site and a 21,500 sq. ft. multi-tenant retail building is proposed at the easterly side of the site. The Super America
proposal is only conceptual at this time and will require a formal site and building plan submitted to the Planning Commission and City Council. We have indicated that a rearrangement
of the site is necessary so that the car wash is on the north or east side of the site. A representative of S.A. has indicated that this will be accomplished.
ACCESS/PARKING
Access to this redevelopment site will be provided at five driveway locations, three of which will be along 70th Avenue North and one each on 69th Avenue and Brooklyn Boulevard. The
Brooklyn Boulevard access is a right in and right out. The 69th Avenue access has been shifted further to the east than the previous plan, lines up with the driveway on the opposite
side of the street and will be a full access. As part of the Brooklyn Boulevard reconstruction project, a new concrete median will be installed between 69th and 70th Avenues. A deceleration
lane will be provided to the Brooklyn Boulevard access, which is about mid way between 69th and 70th Avenues. Two of the accesses on 70th will be full left and right turn access points
and one access, the most easterly, will provide access to the rear of the strip retail building. The flow of traffic behind the building, or to the east of the building, will be one
way (south) and is designed for access to employee parking, enclosed trash containers and for delivery purposes to the rear of the building. It will be necessary to provide directional
signs to prevent traffic from going in the wrong direction behind the building. This will provide for a better flow through the site and should cut down on traffic to the rear of the
building other than that necessary for the above mentioned purposes.
The applicant proposes under the preliminary plat application (Application No. 2002-007) to divide the site into four lots each containing its own building. The site, however, is being
viewed as if there were no property lines separating these particular uses with common access and common parking features for all of the four sites. The overall parking requirement
for this combined 34,228 sq. ft. complex is 188 parking spaces based on a retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area. The plan shows 242 parking
spaces for the site. We consider this site as we do Brookdale, meaning that the total complex meets the parking requirements even though one individual site might be deficient. Up
to 15 percent of the total square footage of this complex can be utilized as restaurant space without having to provide parking on the basis of seating and employees. This amounts to
5,134 sq. ft. of restaurant space allowed.
All driveways servicing the parking areas meet the minimum standards of the zoning ordinance. It should be noted that the access on Brooklyn Boulevard is subject to a driveway permit
issued by Hennepin County. It is our understanding that the County has agreed to the proposed location of this driveway.
GRADING/DRAINAGE/UTILITIES
The applicant has provided grading, drainage and utility plans which are being reviewed by the City Engineer. All storm drainage will be collected in catch basins and be conveyed under
ground in a new storm sewer system. It will be directed to a regional storm water drainage system to be located in the Palmer Lake basin. There will be no on site retention pond in
this development. The drainage plan has previously been approved by the Shingle Creek Watershed Management Commission. The site is to be bound by B612 curb and gutter around all parking
and driving areas. Concrete parking delineators should be added to the ends of parking rows at two locations in the parking lot, north of the 21,500 sq. ft. building and south of the
4,230 sq. ft. retail/restaurant building.
The buildings will tie into city water and sewer utilities running in the vacated June Avenue. These utilities have been reconstructed in this location and the large multi-retail building
will be served by sewer and water from this location as well as the 4,230 sq. ft. building and the Culver’s Restaurant. Sewer and water connections for the gas station/convenience store
will be tied into 70th Avenue. The City Engineer is reviewing the drainage, grading and utility plans and it is anticipated that written comments will be submitted with this plan.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. This 5.6 acre site requires a total
of 370 landscape points. The applicant proposes to meet this requirement by providing a variety of plantings including 81 deciduous shade trees such as Norway Maple, Littleleaf Linden,
Swamp White Oak, Patmore Ash, Autumn Purple Ash and Imperial Honeylocust; 41 coniferous trees including Colorado Green Spruce, Black Hills Spruce, and Arborvitae; 39 ornamental trees
including Serviceberry, Crusader Hawthorn, Flowering Crabapple and Japanese Tree Lilac; 84 deciduous shrubs such as Bush Honeysuckle, Dwarf Winged Euonymous, Red Twigged Dogwood, Annabelle
Hydrangea, Emerald Mound Honeysuckle, Alpine Currant, Spirea, Dwarf Korean Lilac, and Shrub Roses; 26 coniferous shrubs such as Sea Green Juniper, Savin Juniper, and Taunton Spreading
Yew. They also propose various perennials throughout the site.
In addition various landscape materials in the roadway portion of the project and at landscape nodes at 69th and 70th Avenue will be provided in cooperation with the City. The total
points for landscaping on site counting all of this landscaping would come to 1,170 overall. Points applied based on the point system distribution method give the applicant credit for
447 on site landscape points, well in excess of what is required. The plants are generally dispersed around the site with a mixture of shade trees and coniferous trees along the east
boundary line with the abutting residential property. Island plantings include ornamental trees and shade trees throughout the entire complex with boulevard trees along 70th, Brooklyn
Boulevard as well as 69th Avenue. The applicant will be working with the City in providing landscape nodes at 69th and 70th Avenue. These are to be decorative features which coincide
with recommendations in the Brooklyn Boulevard Amenities Study undertaken approximately nine years ago. This area of Brooklyn Boulevard is subject to a current County widening project
and the City has coordinated the landscape amenities with this construction. Heavy landscaping will be placed at the corner nodes. Colored concrete pavers will be installed along with
ornamental iron fence and ornamental benches. Landscaping including shrubbery, ornamental and shade trees will also be provided. An asphalt trail along Brooklyn Boulevard will connect
the two landscape features. Ornamental pedestrian light fixtures are proposed in the right of way area as well, which are consistent with the Brooklyn Boulevard Amenities Study.
Underground irrigation will be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances.
BUILDING
The applicant has submitted building plans for two of the four buildings, Culver’s and the 21,500 sq. ft. multi-tenant building. They are proposing to utilize matching materials and
design components to make for a unified commercial complex which is made up of different users. All the materials will be basically the same for all of the various buildings.
The Culver’s building will be a rock faced block with a modular brick look, colored Isanti Blend. The fascia will be a buff or tan color with a blue standing seam metal roof. Windows
are indicated on the east, south and west elevations with blue canvas awnings. A drive-up window and drive lane is shown on the west side of the building. It is recommended that the
combination iron and masonry fence be continued along the greenstrip area to break up the effect of the drive lane on this side of the building.
LIGHTING/TRASH
The applicant has not submitted a lighting plan as yet. The previous plan intended to use 25 ft. high freestanding light poles in the main parking lot area at various locations. Security
lighting was proposed on the rear or east side of the large retail building. These were to be wall mounted fixtures directed downward at a height of about 8 ft. Freestanding lighting
was proposed in this area on light poles installed in the green strip next to the service drive. Those lights were to be shielded and directed away from the residential area. That
proposed lighting plan was well within the foot candle standards established by Section 35-712 of the City’s Zoning Ordinance. Our main concern is that all lighting be shielded and
directed on the site to avoid glare to abutting properties and abutting street right of way. The applicant’s plan should be comparable to the plan previously approved. The site plan
indicates the location of trash enclosures throughout the site. Three are to be located to the east of the large retail building in freestanding locations. These are all to be masonry
enclosures to match the building exteriors and will have solid, opaque gates. An attached trash enclosure is proposed for the Culver’s building and for the restaurant/retail building.
These too will be masonry structures to match the building exterior and contain solid opaque gates. The S A site will have to provide trash container information when they submit,
but it should be a masonry structure compatible with the building exterior and contain a solid opaque gate.
PROCEDURE
A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun Post and notices have also been sent to neighboring property owners. The Planning Commission,
following the public hearing, should consider a draft resolution which has been prepared in anticipation of a favorable reaction to this proposal. The resolution is offered for the
Planning Commission’s consideration.
5-30-02
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