HomeMy WebLinkAbout2008-003 Inf Sheet 6701 Brooklyn Boulevard Application Filed on 6-19-08
City Council Action Should Be
Taken By 8-18-08 (60 Days)
Planning Commission Information Sheet
Application No. 2008-003
Applicant: The Luther Company, LLLP
Location: 6701 Brooklyn Boulevard,4301 68th Avenue North and 4315 68th Avenue North
Request: Planned Unit Development Rezoning/Development Plan Approval - PUD/C-2
The applicant, The Luther Company Limited Partnership, is requesting rezoning from C-2 (Commerce) to PUD/C-2 (Planned Unit Development/Commerce) and development plan approval of three
contiguous lots located on the west side of Brooklyn Boulevard between I-94 and 68th Avenue North addressed as 6701 Brooklyn Boulevard and 4301 and 4315 68th Avenue North. The purpose
of the proposal is for the redevelopment and expansion of the existing Chevrolet site (formerly Iten Chev) and the remodeling and expansion of an existing building (formerly Iten Leasing)
for a new Buick, Pontiac, GMC (BPG) dealership. These properties are all currently zoned C-2 and are bounded on the north by 68th Avenue; on the east by east by Brooklyn Boulevard;
on the south by I-94; and on the west by the former Osseo Brooklyn School Bus Garage (owned by Luther) and Atlantis Pools.
This proposal represents the first step in a major redevelopment by the Luther Company for both sides of Brooklyn Boulevard between I-94 and 69th Avenue. See companion Planning Commission
Application Nos. 2008-004 (Preliminary Plat) and 2008-005 (Planned Unit Development).
BACKGROUND
The Luther Company has acquired all of the land or the automobile dealership businesses in this area and is now prepared to do a major redevelopment which will include two new dealership
buildings on the east side of Brooklyn Boulevard (Honda and Toyota) and the expansion and redevelopment of the existing Chevrolet dealership to accommodate an expanded Chevrolet dealership
and a new Buick, Pontiac, GMC (BPG) dealership on the west side of Brooklyn Boulevard between the freeway and 68th Avenue North (note the existing Honda dealership at the northwest corner
of Brooklyn Boulevard and 68th Avenue will be redeveloped at a future date by the Luther Company).
Their plan indicates first expanding the existing Chevrolet operation to accommodate their acquisitions of the Iten Chevrolet business and the Walser Chevrolet (Plymouth) business.
Luther has an agreement to acquire the Iten property at a future date but has acquired their business only, so separate ownership of the land and business will continue for some time.
They plan at this time to expand and remodel the old Iten Leasing building (4301 68th Avenue North) and consolidate the former Porter Cable property (4315 68th Avenue North) after that
building is demolished to accommodate the new BPG business. BPG will be relocated from its current location at 6800 Brooklyn Boulevard and that building will then be demolished to make
way for a new Honda dealership on the expanded site along the east side of Brooklyn Boulevard. Another new automobile dealership building (Toyota City) will be constructed on the east
side of Brooklyn Boulevard on a reconfigured site that at one time had primarily housed Ryan Oldsmobile (6700 Brooklyn Boulevard).
On two previous occasions (October 2005 and August 2006) the Luther Company had sought and received PUD rezoning and development plan approval for a two phased expansion and redevelopment
of the east side of Brooklyn Boulevard between I-94 and 69th Avenue. The then proposed expansion and redevelopment was for the Brookdale Dodge operation which currently houses Buick,
Pontiac, GMC (6800 Brooklyn Boulevard and 4215 69th Avenue North). The second phase was the demolition of the old Ryan Olds building (6700 Brooklyn Boulevard) with a temporary car storage
facility and a future new automobile dealership. Luther accomplished parts of this plan when the building at 4215 69th Avenue North was demolished as was the old Ryan Olds Building
and the storage facility was established. Other opportunities availed themselves to Luther and they have settled on the current plan represented by Planning Commission Application Nos.
2008-003, 004 and 005. The finalization of the Planned Unit Development proposals will be needed to accomplish their redevelop plans (see the June 19, 2008 Letter of Application and
PUD justification from Linda McGinty, Director or Real Estate and Development on behalf of the Luther Company, attached).
The applicant is seeking the PUD/C-2 rezoning to accomplish the above mentioned redevelopment of the west side under Planning Commission Application No. 2008-003. The PUD is needed
to allow for the flexibility of common access and use over multiple parcels of land without the replatting of the property. As mentioned above, the Luther Company owns the property
at 4315 68th Avenue North (the former Porter Cable property) and has acquired the Chevrolet dealership business from Iten Chevrolet (formerly operated out of 4301 68th Avenue North and
6701 Brooklyn Boulevard). The ownership of the Iten property is still Iten Chevrolet with Luther having an agreement to acquire the property in the future. City ordinances require
that property under common ownership and common use be combined through platting or registered land survey into a single parcel. They propose common use but ownership of all the property
will not be conveyed to Luther until sometime in the future. A PUD rezoning and redevelopment plan approval will be necessary to accommodate the plans proposed by Luther. When ownership
of the property is obtained, Luther will be required to replat the property to conform with city ordinances. In the meantime, they can function with appropriately approved and executed
agreements that for all practical purposes negate property line divisions. They also need to proceed under a Planned Unit Development to waive the 40 ft. rear yard setback requirement
for 4301 68th Avenue North and to allow green strip encroachments for parking along I-94 and display pads with pergolas or railing features along Brooklyn Boulevard, 68th Avenue and
I-94. The rear yard setback requirement for 4301 68th Avenue North would disappear if the property were replatted into a single lot which would then be considered a corner lot with
no rear yard setback at all. This is how it will function and under the Planned Unit Development is an acceptable situation.
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
(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 development and redevelopment
problems and issues. Regulations and uses 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 the waiving of the rear yard setback for the PBG building as well as various encroachments on the 15 ft. green strips
along 68th Avenue, Brooklyn Boulevard and the I-94 right of way. Also, potential waivers from the platting requirements that should require the multiple parcels to be combined into
a single parcel of land.
Their plan for offsetting these aspects of the plan include the fact that with replatting a single lot would be created which would be a corner lot, not requiring any rear yard setback
for buildings. As the plans will indicate, the encroachments allowed into the 15 ft. green strip requirements appear to be offset by the decorative nature of the display pads with pergolas
or railings highlighting these features. With respect to parking encroachment along the I-94 right of way, the lack of a 15 ft. green strip will hardly be noticeable given the amount
of excess right of way, a fence in this area and the elevation of the on ramp from Brooklyn Boulevard to I-94.
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 outlines 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
submitted a written narrative describing their proposal and has made some general comments relative to how they believe their proposal has a positive impact and can be considered consistent
with the policy and review guidelines.
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 rezoning classifications must be consistent with the City’s Comprehensive Plan and must not constitute “spot zoning”, which is defined as a zoning decision which discriminates
in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principals. 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. As noted previously, the Luther Company has submitted previously two
proposals for Planned Unit Developments in this area which have been considered and approved by the City Council based on a review and evaluation of the Policy and Review Guidelines
contained in Section 35-208. We do not believe it is necessary to go point by point through this evaluation process again as we believe this proposal to be consistent with the past
Planned Unit Development requests and is consistent with the Policy and Review Guidelines. The current zoning of the property is C-2 (Commerce) which allows automobile dealerships
as special uses in this zoning district. Special Use Permits have been granted for both the east and west sides of Brooklyn Boulevard in this area for automobile dealerships and automobile
dealerships involving service and repair, retail sales and associated parking and storage of new and used motor vehicles have been a use of the property for well over 40 years. Expansion
and redevelopment of these types of uses certainly appears to be appropriate given the nature of the zoning districts in this area. The Comprehensive Plan acknowledges commercial retail
uses in this area and the proposed redevelopment by Luther can be considered to be consistent with the City’s Comprehensive Plan for this area. The guidelines generally ask if there
is a clear and public need or benefit; is the proposed rezoning zoning consistent and compatible with surrounding land use classifications; can all permitted uses in the district be
contemplated for development; will the subject property bear fully the ordinance development restrictions for the proposed district; is the proposal in the best interest of the community;
and does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel. The applicant notes that their proposal will be a complete overhaul and addition
to the west side of Brooklyn Boulevard and will contain various upgrades to the property which they believe will allow for a safer, logical flow of traffic on the site and bring it into
compliance with current city and code requirements.
We would concur that the proposal does indeed meet the Evaluation Policy and Review Guidelines in that it is compatible with the standards, purposes and intent of the Planned Unit Development
section of the zoning ordinance. The proposal allows for the utilization of land in a manner that is compatible with, complimentary to and of comparable intensity to adjacent land uses
as well as those that are permitted on surrounding property. It is considered a reasonable use of the property and it will conform with ordinance requirements except for the appropriate
waivers to the various requirements as outlined in the development plan. It can be considered consistent with the recommendations of the City’s Comprehensive Plan and it appears to
be a good long range use of the existing land and that development can be considered an asset to the community and further can be considered to be in the best interest of the City.
SITE AND BUILDING PLAN PROPOSAL
As mentioned previously, the applicant is proposing under this PUD application to expand the Chevrolet dealership at well as to modify the building at 4301 68th Avenue North to accommodate
a new BPG showroom and service center. All barriers between these sites will be removed and there will be a free flow of traffic between the two buildings and parking will be such to
accommodate each of the buildings needs as well as common access throughout the site. The site will be completely upgraded to include new paving, curb and gutter, site utilities, lighting,
landscaping, and removal of overhead utility lines where possible. Once the BPG facility has been relocated from its current location at 6800 Brooklyn Boulevard, the second phase or
the east side Planned Unit Development will proceed.
ACCESS/PARKING
There will be three access points to this consolidated site. One along Brooklyn Boulevard will be relocated approximately 50 ft. to the north. The applicant has reviewed this plan
with Hennepin County, the road authority. The proposal is acceptable to Hennepin County and they note that the greater distance from the I-94 ramp is a benefit and they also believe
the closing of the existing access on 68th Avenue near Brooklyn Boulevard will enhance traffic operations in the area. There will be two access points along 68th Avenue, an existing
access just westerly of the existing building and a shared access with the Atlantis Pool site at the westerly portion of the property. As mentioned, an existing access close the intersection
of 68th Avenue and Brooklyn Boulevard will be closed which is considered an improvement to the existing situation. Access and circulation throughout the site will not be hindered by
physical barriers. The site will act as a single site as if it were platted that way. Appropriate cross access agreements will be necessary to allow for the free flow of traffic that
is planned.
Parking for the site is based on a combination of parking formulas. The retail parking formula of 5.5 parking spaces per 1,000 sq. ft. of gross floor area for the retail portions of
the building; the office parking formula of one space for every 200 sq. ft. gross floor area for the office/service portions of the building; one space for every service bay and one
space for every service bay employee for the service garage areas; one space for every 800 sq. ft. gross floor area for strictly storage areas; and two parking spaces for service vehicles
for each of the two buildings. Required parking for the BPG site based on these formulas is 88 parking stalls, a total of 123 parking spaces is provided on what is considered the site
for the BPG operation which includes the old Iten Leasing building and the Porter Cable site. The parking requirement for the Chevrolet building which includes display, service, and
service bays is 398 stalls, a total of 636 parking spaces are provided on the Chevrolet site. A significant amount of display parking will be available above and beyond the required
parking for both the BPG operation and the Chevrolet operation.
As mentioned previously, the applicant is requesting modification to the City Ordinances to be allowed to provide decorative display areas at certain locations along Brooklyn Boulevard,
68th Avenue North and one along the I-94 right of way. In addition, they are requesting to be allowed to park closer to the I-94 right of way than the 15 ft. typically required. This
would establish an approximate 5 ft. green strip where none currently exists. This appears to be appropriate given the distance between the property line and the I-94 ramp and the elevation
in this area. The display areas as shown on the plans are decorative display pads containing in some cases a pergola and fence area and in others a fenced or railing area for display
purposes. The display with railings would be on either side of the entrance off Brooklyn Boulevard and either side of the entrance off 68th Avenue and a similar display area would be
along I-94. The display pad with pergola and fencing would be at the southwest corner of Brooklyn Boulevard and 68th Avenue North. Given the attractiveness of these display areas
and the fact that new 15 ft. green strips are being established along Brooklyn Boulevard and in a larger landscape area at the southeast corner of the site, the applicant’s plans appear
to be appropriate and should be considered acceptable. Continuation of these display areas should be dependent on proper maintenance and should only be allowed to be modified or eliminated
with the concurrence of the City of Brooklyn Center.
GRADING/DRAINAGE/UTILITIES
The applicant has provided preliminary grading, drainage, utility and erosion control plans, which are being reviewed by the Director of Public Works/City Engineer. His comments relative
to these items are attached for the Commission’s review. The Porter Cable building at 4315 68th Avenue North will be demolished and a note on the demolition plan indicates that existing
sanitary sewer and water lines will be capped at the property line. In situations such as this where buildings are being removed, normally service lines are disconnected at the main.
It is anticipated that this will be a recommendation of the City Engineer in this case as well. The preliminary grading and drainage plan indicates B-412 curb and gutter throughout
the site. The ordinance requires B-612 curb and gutter or an approved alternate by the City Engineer. When reviewing past Planned Unit Developments for the Luther proposals, the City
Engineer had indicated that the B-412 curb and gutter might be acceptable in certain areas where no water would be conveyed. It is not anticipated that the City Engineer would approve
the B-412 curb and gutter (which is a 4 inch high curb and 12 inch gutter) throughout the entire site as is being proposed. Approval of the curb and gutter plan is subject to approval
by the City Engineer. The existing buildings are currently served by sewer and water and an evaluation of the drainage plan is being undertaken by the City Engineer as well. A bio
infiltration facility is planned to the west of the BPG facility. The drainage and water run-off plans are subject to the Shingle Creek Watershed Management Commission review and approval.
It should be pointed out that all parking and storage of vehicles must be on improved hard surface areas of bituminous or concrete. No vehicle parking or storage may be in landscaped
areas other than the approved display areas and improved surfaces in areas must be provided.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system utilized by the Commission to evaluate such plans. They have divided the site into two lots which
they label as Lot D which is 2.15 acres in area and is the BPG site essentially. The other lot is labeled as Lot C and is 8.55 acres in area and is essentially the Chevrolet site.
The BPG site requires 172 landscape points and the applicants propose to provide 205 points with a variety of shade trees, coniferous trees, decorative trees and shrubs. Five of the
shade trees will be found along the 68th Avenue North green strip and are Red Mound Linden. An additional Red Mount Linden and two Cut Leave Weeping Birch will be found by the Bio Infiltration
facility. Five Austrian Pine and two Prairie Fire Crabapple will also be found in the green strip area along 68th Avenue. Six coniferous trees including five Colorado Spruce and one
Austrian Pine will be around the Bio Infiltration facility. Shrubs such as Dwarf Arctic Blue Willow, Isanti Dogwood and Yellow Twig Dogwood will be in this rain garden area. Foundation
shrubs including Russian Cypress, Niagara Yew, and Blue Chip Juniper are included and Cardinal Red Dogwood, Dwarf European Cranberry Bush and Neon Flash Spirea are included around the
perimeter of the display areas.
Nineteen Redmond Linden are to be found around the green strips along 68th, Brooklyn Boulevard and in an island planting area west of the Chevrolet building. Thirty-seven Austrian Pine
and Colorado Spruce are provided primarily in the western portion of the Chevrolet site in green strips and in the planting area west of the building. An island planting area containing
Austrian Pine, Colorado Spruce as well as shrubs are in a planting area to the south of the building between the building and I-94. The landscape plan exceeds the point system for both
of these lots and is considered acceptable.
BUILIDNG
The applicant has submitted building elevations and floor plans for the proposed building additions. The Chevrolet building will be primarily 4 ft. precast panels and EFIS reveals along
the four sides of the building. Storefront windows will be provided along the east elevation (Brooklyn Boulevard) and the easterly portion of the south elevation and the northeast corner
of the building where a building addition is being made. Service doors will be provided along the Brooklyn Boulevard portion of the site as well as at the west end of the building.
The BPG building will be of similar building material with the east elevation facing Brooklyn Boulevard being considered the front of the building. The north elevation and west elevation
will contain storefront windows as well. Service doors will be found on the east and west elevations for the service write up area and service doors for service bays will be located
along the south wall of the building as well.
LIGHTING/TRASH
The applicant has submitted a lighting plan indicating proposed foot candles for lighting on the site that appear to be consistent with Section 35-712 of the city ordinances. Twenty
four foot high light poles are provided around the entire site and in island areas and curb protected areas throughout the two sites. City ordinances require that all exterior lighting
be provided with lenses, reflectors or shades so as to concentrate illumination on the property. 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 and that it be consistent with the standards that are noted above. The site will be well lit and the applicant will be
responsible to avoid glare off the site.
A trash enclosure is provided in the center of the site, apparently to provide for both buildings. No details are provided; however, the structure should be a masonry unit with sides
high enough to screen any trash containers from view and should include solid opaque gates to completely screen the trash containers on the site.
PROCEDURE
State Statutes require the City to respond to zoning applications within a 60 day time limit from the day a properly submitted application has been filed with the City. This application
was filed on June 19, 2008 and City Council action should be taken by August 18, 2008. Due to zoning requirements for notice and publication, the application needs to be submitted
approximately four weeks prior to the Planning Commission’s public hearing. The clock, however, begins on the date the application is accepted. Therefore, the zoning decision must
be made by the City Council no later than August 18, 2008.
A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post and have been sent to surrounding property owners. The Planning Commission, following
the public hearing, may wish to consider a draft resolution which has been prepared for consideration. The draft resolution outlines various possible findings with respect to the Planned
Unit Development and minimum conditions related to the development plan approval.
7-17-08
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