HomeMy WebLinkAbout2007-005 Inf Sheet TH 252 and 66th Avenue North Application Filed on 3/15/07
City Council Action Should Be
Taken By 5/14/07 (60 Days)
Planning Commission Information Sheet
Application No. 2007-005
Applicant: Manley Commercial, Inc.
Location: Northwest of T.H. 252 and 66th Avenue North
Request: Preliminary Plat
The applicant, Manley Commercial, Inc., is seeking preliminary plat approval to combine and redivide three lots and surplus or excess right of way into three new lots and a common area
for development under a Planned Unit Development of a three building, 25,500 sq. ft. commercial retail/service center (see Planning Commission Application No. 2007-006 for a proposed
PUD rezoning and development plan approval).
The properties under consideration are located northwesterly of T.H. 252 and 66th Avenue North and lay between the Holiday Station Store (420 66th Avenue North), a dental office (512
66th Avenue North) and 67th Avenue North. The south parcel adjacent to the Holiday Station and dental office is 1.24 acres, is currently zoned C-2 (Commerce) and is described as Lot
3, Block 1, Holiday Brooklyn Center Addition. The parcel to the north of this is 1.85 acres, is currently zoned R-3 (Multiple Family Residence-Townhouse) and is described as Outlot
A, Riverwood Townhomes, except for MnDOT right of way. The third parcel is at 419 67th Avenue North, is .22 acres, is currently zoned R-1 (One Family Residence), contains an existing
single family home and garage and is described as Tract M, RLS No. 80. The balance of the property is approximately .45 acres of surplus or excess right of way including an unimproved
portion of 5th Street North and property acquired by MnDOT for the T.H. 252 widening that was turned over to the City of Brooklyn Center after the completion of that project.
The properties in question are bounded on the north by 67th Avenue with R-1 zoned property on the opposite side of the street; on the east by T.H. 252; on the south by the Holiday Station
and a dental office zoned C-2; and on the west by R-3 zoned property containing the Riverwood Townhomes. The applicant’s plan is to combine and rezone the property to PUD/C-2 (Planned
Unit Development/Commerce) to create a development site for the previously mentioned development proposal.
The proposed plat, which is to be known as Lincoln Crossing, would create four parcels, three of which (Lots 2, 3 and 4) would be slightly larger than the rectangular buildings they
propose on their development and the 4th (Lot 1) would be the common area containing the parking lot, green strips and buffer areas. This arrangement of lots will make it possible for
individual ownership for each of the proposed buildings and a common ownership interest in the common area. It will be necessary to establish a Declaration of Covenants and Restrictions
regarding the ownership and maintenance of the common area (proposed Lot 1). This declaration should be subject to the City Attorney’s review and should be filed with the final plat.
Given the applicant’s plan, it will be necessary for the city to vacate the approximate 60 ft. by 99 ft. area labeled as 5th Street North right of way which will have to replace with
an appropriate drainage and utility easement. Also, various areas within the plat designated as drainage and utility easements, generally bounding the old property lines, will have
to be vacated as well. This will require an ordinance amendment which will have to be formally pursued by the applicant through the City Engineer. The land area south of what is needed
for 67th Avenue North right of way for the existing cul-de-sac is proposed to be conveyed to the applicant for inclusion in this development. This property acquired by MnDOT for the
T.H. 252 project was turned over to the City of Brooklyn Center as excess highway right of way and for the needed right of way for 67th Avenue North. Agreement as to this conveyance
will need to be completed between the applicant and the City’s Economic Development Authority (EDA).
Sanitary sewer and a water main are utilities that exist in a 60 ft. wide easement running through the approximate center of the site and in the 5th Street North right of way that is
proposed for vacation. For the proposed development to be accomplished, an easement of 40 ft. wide rather than 60 ft. is being requested. The Public Works Director/City Engineer is
reviewing the preliminary plat along with the proposed development plan and will be offering his written comments for the Commission’s review. To accomplish what is the applicant’s
intention will require a new 40 ft. wide drainage and utility easement to be developed and filed with the plat.
I believe the City Engineer will want to retain the 60 ft. easement, however, it may be possible to relocate the utilities and easement to the east to accommodate the development.
It should be noted that no vehicle access to this site from anywhere on 67th Avenue North is recommended and should be a condition of preliminary plat approval. The applicant is well
aware of this recommendation and their development plans reflect this. Access to the development will be from 66th Avenue North through a driveway serving the existing Holiday Station
and dental office. A cross access agreement was provided to the south end of this development to serve as future access and will continue with this development. The access agreement
should be continued and filed with the final plat if necessary to continue this access arrangement.
The single family home and garage at 419 67th Avenue are to be removed. It would be inappropriate for a single family home to exist on the property once it is rezoned as proposed under
the Planned Unit Development rezoning. Therefore, it is recommended that the home and garage be removed from the site prior to the filing of the final plat, or the execution of an agreement
to assure their removal, and the approval of the necessary ordinance amendment describing the property to be rezoned.
A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission’s consideration has been published in the Brooklyn Center Sun/Post.
RECOMMENDATION
For the most part, this preliminary plat is dependent upon the approval of the Planned Unit Development comprehended under Planning Commission Application No. 2007-006. If that application
is not approved, it is highly unlikely that this preliminary plat would be pursued. The following conditions are recommended if the Planning Commission wishes to move this application
along favorably:
The final plat is subject to review and approval by the City Engineer.
The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2007-006.
The owner association documents and declarations shall be reviewed and approved by the City Attorney and filed with the final plat.
All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use, as approved by the City Engineer, prior to final
plat approval.
Water and sanitary sewer services to the existing home at 419 67th Avenue North shall be disconnected at the mains prior to building removal or demolition. Service disconnections shall
be done in conformance with sewer and water service disconnection specifications available at the City Engineering department office.
The home and accessory building at 419 67th Avenue North shall be demolished and/or removed from the property prior to the filing of the plat with Hennepin County or the execution of
an agreement to assure such removal.
No vehicle access to the proposed site shall be gained from anywhere along 67th Avenue North.
Building permits for construction of any building comprehended under Planning Commission Application No. 2007-006 shall not be issued until the final plat has been approved by the City
Council and filed with Hennepin County.
All necessary easement and right of way vacations shall be accomplished by ordinance amendment and formally requested by the applicant prior to final plat approval.
The access agreement granting access to this site from 66th Avenue North shall be re-reviewed by the City Attorney for appropriateness prior to final plat approval.
4-12-07
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