HomeMy WebLinkAbout2006-001 Inf Sheet 615 66th Avenue North Application Filed on 1-19-06
City Council Action Should Be
Taken By 3-20-06 (60 Days)
Planning Commission Information Sheet
Application No. 2006-001
Applicant: S P Brooklyn Center, LLC
Location: Southeast Corner of 66th and Camden Avenues North (615 66th Avenue North)
Request: Planned Unit Development Amendment
The applicant, Mr. Jim LaValle on behalf of S P Brooklyn Center, LLC, is seeking a Planned Unit Development Amendment and building plan approval for a 10,000 sq. ft. multi tenant retail
building at the southeast corner of 66th and Camden Avenues North on a 1.284 acre parcel of land addressed as 615 66th Avenue North. The property in question is zoned PUD/C-2 (Planned
Unit Development/Commerce) and is bounded on the north by 66th Avenue with R-3 (Multiple Family Residence – Townhomes) zoned property and C-2 (Commerce) zoned property on the opposite
side of the street; on the east by C-2 zoned property containing a SuperAmerica station; on the south by PUD/C-2 zoned property containing the Regal Theatre; and on the west by Camden
Avenue with R-5 (Multiple Family Residence) zoned property containing the Melrose Gates Apartments on the opposite side of the street.
A Planned Unit Development Rezoning from C-2 to PUD/C-2 and development plan approval for a 20 screen, 85, 240 sq. ft. Regal Theatre was approved by the City Council under Resolution
No. 98-133 on July 27, 1998. Attached for the Commission’s review is a copy of that resolution containing various findings, considerations and conditions of approval for that proposal.
The land rezoned at that time consisted of the Regal Theatre site and two other sites along Camden Avenue, one to the north of the theatre, the other to the south of the theatre, which
were identified and referred to during this process as “pad site 2” and “pad site 3”. Pad site 2 is the parcel currently under consideration in this application (615 66th Avenue North).
Condition No. 15 of the City Council’s Resolution regarding these sites states in part that “future development of this area is subject to amendment to this Planned Unit Development”.
Condition No. 16 of the same resolution prohibits future development of pad site 2 and and pad site 3 as “a fast food/convenience food restaurant, a gasoline service station/convenience
store, car wash, pawn shop or check cashing operation.” At the time of the theatre development, the owner anticipated development on these sites of sit down restaurants, however, future
development was not restricted to that. Other uses allowed in the underlying C-2 zoning district, other than those excluded from consideration by the approving resolution, can be considered
for development of these sites. This application is in response to those conditions relating to development of this portion of the PUD.
As the Commission is aware, the PUD process involves a rezoning of land to the PUD designation followed by an Alpha Numeric designation of the underlying zoning designation. 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 unless the City were to determine that another standard or use would be appropriate given mitigating circumstances that are offset by the plans submitted
by the developer. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing
uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The PUD process involves a rezoning of land and, therefore, is subject
to meeting the City’s Rezoning Evaluation Policy and Review Guidelines that are contained in Section 35-208 of the City’s Zoning Ordinance. Also, proposals must be consistent with Section
35-355 of the City’s Zoning Ordinance, which addresses Planned Unit Developments. Attached for the Commission’s review are copies of Section 35-208 and 35-355 of the City’s Zoning Ordinance.
As mentioned previously, the City Council adopted a resolution approving the overall PUD for this area of the city. That resolution contained the various findings and considerations
necessary for approving the PUD. These findings and considerations were made given the applicant’s use and this amendment is to acknowledge the building details and location for another
development within the PUD zoning district through an amendment process. Approval of this Planned Unit Development should acknowledge compatibility with the Policy and Review Guidelines
of the previously mentioned Section 35-208 and also the provisions of Section 35-355 of the Zoning Ordinance.
It is believed that the proposed amendment submitted by the applicant is in keeping with the findings and considerations associated with the original approval. The proposed amendment
can be considered consistent and compatible with surrounding land uses in the area. The development plan amendment being submitted will bear fully the ordinance development restrictions
for the proposed development as provided for in the underlying zoning district. No modifications from the underlying zoning requirements are being sought. It is believed that the proposed
use of the property will be, as shown in the site and building plan portion of this report, consistent and compatible with the immediate area surrounding the property as well as uses
in the general vicinity. The proposal appears to be a good use of the property in the context of overall development in this area and will be a good long range use and can be considered
to be in the best interest of the community.
SITE AND BUILDING PLAN PROPOSAL
The proposed PUD Amendment calls for a 10,000 sq. ft. multi tenant retail building to be located in the approximate center of a 1.284 acre site adjacent to, and west of, the SuperAmerica
gas station/convenience store located on 66th Avenue North in the vicinity of T.H. 252.
ACCESS/PARKING
Access to the site is off 66th Avenue North at a shared access with the SuperAmerica property. The property line separating the sites is in the approximate center of this access. No
other access is being considered. It should be noted that no cross access is being proposed between this site and the Regal Theatre site to the south. Such cross access would be discouraged
to prevent cut through traffic from the theatre to 66th Avenue North. A signalized intersection exists at 66th and Camden to handle theatre traffic.
Parking for this 10,000 sq. ft. multi tenant retail space is based on the retail parking formula which required 5.5 parking spaces per 1,000 sq. ft. of gross floor area. This results
in a requirement of 55 parking spaces.
In multi tenant retail centers, no additional parking spaces beyond those required by the retail parking formula are required of restaurant uses which occupy not more than 15 percent
of the gross floor area of the building. This means that up to 1,500 sq. ft. of the center can be occupied by restaurant uses without adding additional parking for restaurant seats
and employees. As noted previously, fast food/convenience food restaurants are not allowed to be located within the PUD based on the Condition No. 16 of Resolution No. 98-133. Also,
per the requirements of the Zoning Ordinance, fast food/ convenience food restaurants are not allowed to abut R-1, R-2 or
R-3 zoned property including abutment at a street line. This property abuts R-3 zoned property on the opposite side of 66th Avenue North.
A convenience food restaurant is defined in the Zoning Ordinance as “an establishment with over 40 dining seats or in a separate building, whose principal business is the sale of foods,
frozen desserts, or beverages to the customer in a ready to eat state for consumption either within the premises or for carry out with consumption either on or off the premises, and
whose design or principal method of operation includes both of the following characteristics:
Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.
Customer is not served food at his/her table by an employee but receives it at a counter, window, or similar facility for carrying to another location on or off the premises for consumption.”
The applicant plans to have a coffee shop occupy the east end of the building with a drive up window. If the facility has less than 40 seats it is not considered a “convenience food
restaurant”. Such a use occupying over 1,500 sq. ft. will, however, require parking based on the seat/employee ratio for over 1,500 sq. ft. There are 64 parking spaces on the site,
nine more than required by the ordinance. Three handicap spaces are to be provided. Access to the proposed drive up window will generally be counter clock wise around a trash enclosure.
Angle parking is provided to the east of the drive land to accommodate this traffic flow. It is recommended that a directional sign or signs, be provided to prohibit south bound traffic
between the building and the parking area on the east side of the site. The ability to stack vehicles leading up to the drive up window is sufficient to handle the expected volume.
GRADIING/DRAINAGE/UTILITIES
The applicant has provided grading, drainage, utility and erosion control plans which are being reviewed by the Director of Public Works/City Engineer who will be providing written comments
for these proposals. Parking and driving areas on the site are required to be bound by a minimum of B-612 curb and gutter. This includes driving and parking areas and concrete delineator
areas proposed for the site. Storm sewer will serve the site and tie into existing storm sewer connected to a retention pond located on the Regal Theatre site. This pond was sized
to handle development within the area and was part of the Regal Theatre grading plan. Water and sanitary sewer mains are located in a 40 ft. wide public easement, 20 ft. of which are
on the east end of the proposed site and 20 ft. of which are on the west end of the SuperAmerica site. Water will be tied into that main and service the south side of the building.
Sanitary sewer will be connected to the east end of the proposed building.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system used to evaluation such plans. This 1.28 acres site requires 102.4 landscape points. The applicant’s
plan indicates that their proposal has 168.5 landscape points, however, they have not calculated correctly. They provide four shade trees at ten points each, three coniferous trees
at ten points each (rather than six points each); five decorative trees at six points each (rather than 1.5 points each); and 137 shrubs at .5 points each (only 25 percent of the total
required points, or 25.6 points, can be for shrubs). Given the current plan they would have 91.1 points, 11.3 point short of the minimum. An additional coniferous tree and a few decorative
trees or some other combination, should be added to the landscape plan in order to meet our point system requirements. The plan otherwise appears to be appropriate as for location and
types of plantings. Proposed shade trees include Northwood Red Maple, Little Leaf Linden, Red Oak or Marshall’s Seedless Ash; coniferous trees would be Scotch Pine, Colorado Green Spruce,
Black Hills Spruce, or arborvitae; decorative trees would be Service Berry, Thornless Cockspur Hawthorne, Amir Choke Cherry, Flowering Crab Apple or Japanese Lilac; shrubs would be Bush
Honeysuckle, Red Twig Dogwood, Compact American Vibertum, Alpine Currant, Spirea, Dwarf Korean Lilac, Shrub Roses, Sea Green Juniper, Savin Juniper or Tawnton Spreading Yew. All appear
to be appropriate mixes of landscaping for the site. Amendment to the plan so that the point system is met should be a condition of the approval of this application.
BUILDING
The applicant has submitted building elevations showing the proposed multi tenant building. The building exterior would be primarily a prefinished split face block with a contrasting
single score smooth face concrete block accent. A decorative drive-it cornice crown in an off white color would skirt the top of the building. A drive-it exterior finish on rigid insulation
would be located above the display windows for each of the proposed tenant spaces. A canopy awning over the drive thru window would be located at the east end of the building.
LIGHTING/TRASH
The applicant has submitted a lighting plan indicating the location of various exterior lighting and the photo metrics indicating foot candles throughout the site. Six freestanding
lights are located around the perimeter of the site and ten wall mounted lights, five on the north elevation, three on the south elevation and one each on the east and west elevations.
All lights are to be a cut off type fixture directing light down on the site. The lighting plan appears to be consistent with city ordinances with respect to foot candles and concern
that light be directed down on the site and not create glare. The trash container will be located at the southeast corner of the site and is to be a prefinished concrete block to match
the building. The height of the structure is 6 ft. and it contains a solid opaque gate.
PROCEDURE
As pointed out previously, this proposal is an amendment to the Planned Unit Development approval granted at the time of the Regal Theatre Planned Unit Development proposal. As a Planned
Unit Development, the proposal is required to follow the procedures followed for the original Planned Unit Development. This requires a public hearing, which has been scheduled. Notices
of the Planning Commission’s consideration have been sent and a notice has also been published in the Brooklyn Center Sun/Post.
All in all, we believe the plan is in order and consistent with the original development plan approval and, therefore, we would recommend approval of the amendment. Approval of this
application should acknowledge the findings, considerations and conditions that are comparable to those made at the time the City Council approved the original Planned Unit Development.
A draft Planning Commission Resolution is offered for the Commission’s consideration. This resolution outlines the Commission’s consideration of the matter and also recommended considerations
and conditions for approval.
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2-13-06
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