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HomeMy WebLinkAbout2008-005 Inf Sheet 6700 and 6800 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. 2008-005 Applicant: The Luther Company LLLP Location: 6700 and 6800 Brooklyn Boulevard anad 4011, 4101 and 4215 69th Avenue North Request: Planned Unit Development Rezoning/Development Plan Approval - PUD/C-2 The applicant, the Luther Company LLLP, is requesting rezoning from C-2 (Commerce) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) and development plan approval for five contiguous lots located on the easterly side of Brooklyn Boulevard between I-94 and 69th Avenue North currently addressed as 6700 and 6800 Brooklyn Boulevard and 4011, 4101 and 4215 69th Avenue North. The purpose of the proposal is for the development of two new automobile dealerships (Honda and Toyota) on two adjacent lots to be created under Planning Commission Application No. 2008-004 (Preliminary Plat). The properties are all currently zoned C-2 and/or R-3 and are bounded on the north by 69th Avenue; on the east by R-3 zoned property containing a non-conforming single family home and a townhouse complex along with four R-1 zoned properties abutting Grimes Avenue North; on the south by I-94 right of way; and on the west by Brooklyn Boulevard. The two new lots proposed to be created under Planning Commission Application No. 2008-004 and the lot addressed as 4215 69th Avenue North (Lot 1, Block 1, Chrysler Realty Addition) will make up what the applicant refers to as the “Luther East Side Development”, part of a major redevelopment and expansion of the entire area (see also Planning Commission No. 2008-003). BACKGROUND The Luther Company has acquired all of the land for automobile dealership businesses in the area on either side of Brooklyn Boulevard between I-94 and 69th Avenue as well as two non-conforming single family homes on 69th Avenue. The major redevelopment includes the remodeling and expansion of the Chevrolet dealership at 6700 Brooklyn Boulevard and the remodeling and expansion of 4301 and 4315 68th Avenue North for a new location for the Buick, Pontiac, GMC (BPG) dealership and will be what the applicant refers to as the “Luther West Side Development” (Planning Commission Application No. 2008-003). Two new automobile dealerships will be developed on the east side of Brooklyn Boulevard on reconfigured lots including the two above mentioned residential lots which are proposed to be rezoned also to PUD/C-2. The existing building at 6800 Brooklyn Boulevard which is currently occupied by Brookdale Buick, Pontiac, GMC will be demolished after the business is moved to the remodeled and expanded building on the west side of Brooklyn Boulevard. A Honda dealership and a Toyota dealership, the subject of this PUD application, will then be developed on the east side of Brooklyn Boulevard on the newly created sites. A similar Planned Unit Development Rezoning and development plan were submitted and approved in 2005 and 2006 by the City Council. The Luther Company, however, has recently acquired the property at 4011 69th Avenue North and also wishes to incorporate this into their east side redevelopment. This property contains a non-conforming single family home which is slated to be demolished. As mentioned, they also plan to demolished the existing BPG building at 6800 Brooklyn Boulevard after moving the business to the Luther West Side Development and build a new Honda dealership on the expanded site and the Toyota dealership on the site to the south that at one time had been primarily the site of Ryan Oldsmobile. The Luther Companies have settled on the current plans represented in Planning Commission Application Nos. 2008-003, 2008-004 and 2008-005 for the redevelopment. It is anticipated that future modifications will be made to the current Brookdale Honda dealership located at 6801 Brooklyn Boulevard (the northwest corner of 68th and Brooklyn Boulevard). The applicant has submitted a letter of application outlining the history of their involvement with the properties in question, presenting their development proposal and their rational and justification for their PUD and preliminary plat requests. (See June 19, 2008 letter from Linda McGinty, Director of Real Estate and Development for the Luther Company, LLLP – attached.) The applicant is seeking the PUD/C-2 rezoning to accomplish the development proposal under this application for a number of reasons. Under the current C-2 zoning, automotive repair is not allowed to abut R-1, R-2 or R-3 zoned property at a property line or at a street line. Such abutment exists and will continue to exist along the east property lines of the two new automobile dealerships and also along the north side of 69th Avenue North. Redevelopment of new automobile service areas, cannot go forward, other than under the PUD process, which can comprehend such a modification. The applicant believes this modification can be offset by the screening and buffering they will provide to these residential properties as part of their plan. It should be noted that this same essential plan was approved by the City Council through two previous PUD proposals submitted by Luther Companies in 2005 and 2006. The PUD process was never totally completed and technically has not yet been approved necessitating their need to proceed again through this process. It should be further noted that the PUD process was used to allow expansion and redevelopment of the automobile service operation at Brookdale Chrysler property at 62nd and Brooklyn Boulevard and also the development of the Brookdale Mitsubishi dealership with a service operation in the 7200 block of Brooklyn Boulevard where similar residential abutment existed. The applicant is also seeking the PUD rezoning for a waiver from the requirement that the lot at 4215 69th Avenue North (which is owned by Luther Companies) be required to be combined into a single lot with the lot proposed for Brookdale Honda because they are under common ownership and proposed for a common use. They note that they will provide the ncessary cross access and parking easements to accomplish the flow of traffic through the sites and will agree to not convey the lots separately but have been advised by their legal representative not to combine the lots because of potential environmental issues relative to the migration of contaminants from the former Pilgrim Cleaner site which was at one time to the west of this property. They also request to be allowed a slight encroachment into the 15 green strip at the southwest corner of the Toyota site to allow a main display pad with a pergola and fence with a “Welcome to Brooklyn Center” ground message at that location. This appears to be appropriate provided it is properly maintained and only modified with the concurrence of the City of Brooklyn Center. 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 development and 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 automotive repair to abut R-1, R-2 or R-3 zoned property; to not be required to combine two parcels of land under common ownership proposed for a common use; and a slight encroachment to the 15 ft. green strip at the southwest corner of the proposed Toyota site for the purpose of a main display pad. Their plan for offsetting the abutment issue is to have an 8 ft. high fence contained within an established 35 ft. buffer strip, which will be all along the east sides of the two properties and has proved to be sufficient and adequate screening and buffering for automotive repair uses which have been conducted on these sites for over 40 years. They propose to provide an eight foot high combination masonry and wood decorative fence along 69th Avenue North in the green strip area across the street from residentially zoned property. This for all practical purposes will be an extension of the existing brick and wood screening fence that exists in this area and has provided sufficient screening of the parking and storage areas on these automobile dealership lots. A cross access and parking arrangement for free flow of traffic between the site at 4215 69th Avenue North and the proposed Brookdale Honda operation appears to offset concerns regarding the waiving of the platting requirement to combine this lot into a single lot at this time because of common ownership and common use. At some point in the future, when there are no longer environmental issues related to the old Pilgrim Cleaner site, the applicant should comply with ordinance requirements and combine the lots into a single parcel through platting or registered land survey. In the meantime, the applicant should also agree to only convey these lots together. The slight encroachment into the 15 ft. green strip at the southwest corner of the Toyota dealership appears to be appropriate and will convey a Welcome to Brooklyn Center ground message at that location. The applicant should agree to properly maintain this display area and only modify it with the concurrence with the City of Brooklyn Center. 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 written comments describing their proposal and has made written comments relative to how they believe their proposal meets the 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. The evaluation of this zoning proposal is very similar and almost identical to that which was considered for the development of the east side of Brooklyn Boulevard in 2005 and 2006. Compliance with the guidelines was also re-evaluated under Planning Commission Application No. 2008-003 which comprehends the Planned Unit Development proposal for the west side of Brooklyn Boulevard between I-94 and 68th Avenue North. It is not believed to be necessary to go point by point through the Rezoning Evaluation Guidelines, however, the Commission should evaluate the proposal based on those guidelines. The applicant notes in their written comments, that the proposal is consistent with the City’s Comprehensive Plan, that the property is suited for these uses in the district relative to size, configuration, topography and location. They also believe the proposal demonstrates merit beyond the interests of the owners. They point out that the vast majority of the property has historically been used as an automobile sale, service and repair use so the proposed rezoning can be considered consistent and compatible with surrounding land use classifications. They add that the rezoning does not propose a major change in use and is consistent with the Comprehensive Plan. The property will bear fully the ordinance development restrictions for the proposed zoning district with the exception of the modifications they are proposing which can be offset or mitigated by various factors contained in the plan. They comment on other physical features of the plan which they feel are consistent with the Rezoning Evaluation Policy and Review Guidelines. We would concur with the comments made by the applicant and believe that this major redevelopment of the automobile dealerships in the area on Brooklyn Boulevard between I-94 and 69th Avenue are an appropriate and much anticipated redevelopment of this area. It is consistent with the City’s Comprehensive Plan and we believe the proposal does balance the business needs of the community with that of surrounding properties. It is not anticipated that the proposal will be a detriment, but, on the other hand, it should be a positive factor in providing a positive effect on the community. It is also believed that the proposal can be considered consistent and compatible with surrounding land use classifications. The modifications requested can be appropriately offset or modified by the plan submitted and it appears that the proposal does have merit beyond just the particular interests of the developer and should be considered a redevelopment that can be considered compatible with the surrounding land uses and the City’s Comprehensive Plan. It should be noted that the automobile dealerships in the area have been a stable commercial use in this part of Brooklyn Center for well over 40 years and there is no direction to attempt to change these land uses but only to upgrade them. The applicant’s proposal can be considered in the best interest of the community given the plans that are being submitted. SITE AND BUILDING PROPOSAL As mentioned previously, the applicant is proposing the development of two new automobile dealerships on the easterly side of Brooklyn Boulevard between I-94 and 69th Avenue North. Two new lots are proposed to be created under Planning Commission Application No. 2008-004 (Preliminary Plat). The northerly lot, the proposed Lot 1, Block 1, Bri Mar 2nd Addition along with 4215 69th Avenue North will make up an 8.17 acre site for the development of the new Honda Dealership to be addressed as 6800 Brooklyn Boulevard. The proposed Lot 2, Block 1, Bri Mar 2nd Addition is an 8.23 acre site for the development of a new Toyota dealership to be addressed as 6700 Brooklyn Boulevard. An existing single family home along 69th Avenue will be demolished and the building currently housing Brookdale BPG will also be demolished following the relocation of that business to the west side of Brooklyn Boulevard once those improvements are completed. The new dealerships will be located roughly in the middle of the newly created sites with the Honda Building being a 53,277 sq. ft. showroom, office, service operation and storage facility with a second floor over a portion of the building. The Toyota building will be 56,521 sq. ft. containing showroom, office, service operation and storage facilities also with a second floor over a portion of the building. We have previously mentioned the modifications to ordinance standards the applicant is proposing through the PUD process. These include allowing an automobile repair facility abutting R-1, R-2 or R-3 zoned property; waiving the requirement to combine 4215 69th Avenue North into a single parcel with 6800 Brooklyn Boulevard because of common ownership and common use; and a slight encroachment into the 15 ft. green strip at the southwest corner of the Toyota site to allow a decorative main display pad with a pergola and a fence and a “Welcome to Brooklyn Center” ground message. Recommendations will be offered as we review applicable parts of the plan. ACCESS/PARKING/GREEN STRIPS There will be four access points to the two sites. A right in, right out access to the Toyota property about midway between I-94 and the 68th Avenue intersection with Brooklyn Boulevard. A shared access between the Honda and Toyota sites at the 68th Avenue signalized intersection. The location of an existing access on 69th Avenue at the median break and across from the access to the commercial center on the north side of 69th and a new access on 69th Avenue at the median break at Halifax Avenue North. An existing access on 69th serving the home at 4011 69th Avenue will be closed, necessitating the need to make permanent improvements of curb, gutter, sidewalk and turf by the developer. Internal access between the two dealerships will be established necessitating the need for cross access agreements between the two sites. Minimum 15 ft. green strips will be established along all street right of way for the two sites. This is different from the 2005 and 2006 plans which anticipated some encroachments on the 15 ft. green strips. A 35 ft. buffer strip bound by curb and gutter will be established all along the east property lines of the sites where the dealerships abut with R-3 zoned properties. 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 service/office portions of the buildings; three spaces for every service bay and one space for every service bay employee for the service garage area; one space for every 800 sq. ft. of gross floor area for strictly storage area; and two parking spaces for service vehicles. Required parking for the Honda site is 300 parking spaces based on 34 service bays (102 spaces); 40 service employees (40 spaces); 11,590 sq. ft. of service/office space (58 spaces); 14,400 sq. ft. showroom/retail space (79 spaces); 15,510 sq. ft. of strictly storage space (19 spaces); and two service vehicles. There are 587 parking spaces provided on the Honda site. Required parking for the Toyota property is 354 parking spaces based on 38 service bays (114 spaces); 45 service employees (45 spaces); 12,730 sq. ft. service/office space (64 spaces); 20,379 sq. ft. showroom/retail (112 spaces): 13,785 sq. ft. strictly storage space (17 spaces); and two service vehicles. There are 624 spaces provided on the Toyota site. Modification to the green strip requirement is being requested to allow an encroachment at the southwest corner of the Toyota site to allow for a decorative main display pad containing a pergola and fence along with a “Welcome to Brooklyn Center” ground message. This appears to be an appropriate decorative display even highlighting Brooklyn Center, provided the display is properly maintained, and if it is to be modified or changed, only with the concurrence of the City. 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. B-612 curb and gutter is required around all parking and driving areas per city ordinance. The applicant has indicated a desire to provide B-412 curb and gutter in certain areas on the site. The City Engineer has previously indicated that B-412 curb and gutter (which is a 4 in. high curb and a 12 in. wide gutter) may be appropriate in some areas where water will not be conveyed. Generally, it is my understanding, that B-612 curb and gutter should be provided around the perimeter of the site and B-412 curb and gutter might be used in other locations depending upon the recommendations of the City Engineer. Drainage from these sites will be directed to a regional storm water pond that is located in the Palmer Lake Basin. The overall drainage plan had been reviewed and approved by the Shingle Creek Watershed Management Commission at the time the regional pond was developed. It is assumed that calculations will have to be submitted to the City Engineer in order to determine the adequacy of the ponding area to handle drainage from the site. It should be noted that all parking and storage of vehicles must be on an approved hard surface area of bituminous or concrete. No vehicle parking or storage may be in landscaped or unimproved areas on the sites or within the green strips adjacent to street right of way other than in the locations designated on the plan and approved as part of this Planned Unit Development. LANDSCAPING/SCREENING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission to evaluate such plans. The 8.17 acre Honda site requires 530 landscape points. They plan to retain up to 22 existing shade trees, five coniferous trees and four decorative trees on the site and provide 351 more points for a total of 607 landscape points. Ten new Red Mount Linden will be planted in island areas north and west of the building; four Prairie Fire Crabapple trees are to be planted in the 69th Avenue green strip on both sides of the westerly access. Conifers including Austrian Pine and Colorado Spruce are to be planted in the easterly buffer area. Foundation, island and display area shrubs including Dwarf European Cranberry bush, Neon Splash Spirea, Russian Cypress, Bluechip Juniper and Niagara Yew. The Toyota site is required to have 538 landscape points. They propose to provide 554 points by retaining four existing shade trees and adding 17 more shade trees (Red Mound Linden) in the 35 ft. buffer area on the east side of the property; the I-94 and Brooklyn Boulevard green strips and in islands in the front of the building. Four Prairie Fire Crabapple will be planted in the Brooklyn Boulevard green strip, two on each side of the right in, right out access; 34 conifers (Austrian Pine and Colorado Spruce) will be planted in the 35 ft. buffer area on the east side of the property. Over 268 shrubs are to be planted around the perimeter of the building in island areas on the north, west and south sides of the building and by the display areas at various locations. The landscape plan exceeds the minimum points required. Underground irrigation is required in all landscaped areas to facilitate site maintenance. It is recommended that the irrigation system cover the Boulevard areas in Brooklyn Boulevard and 69th Avenue including the remaining portion of the old Pilgrim Cleaner site which is labeled “no irrigation”. With respect to screening, the ordinance requires a minimum 35 ft. buffer area where C-2 property abuts R-1, R-2 or R-3 zoned property at a property line. Such a buffer will be established along the west sides of the site where abutment with R-3 and R-1 property will exist. An 8 ft. high wood fence will be established and/or continued along the east side of the two properties. Along the north green strip there is an existing wood fence with brick piers which will be continued and expanded along the north property line of the Honda site to screen the parking areas from the R-1 residential area on the opposite side of 69th Avenue. BUILDING The applicant has submitted building elevations and floor plans for the two proposed buildings additions. The building exterior for the Honda building contains insulated precast concrete panels and EIFS to match these concrete panels and a silver and Honda Blue aluminum composite panels. A painted steel canopy will be provided on the front elevation. Display windows are on the front (west elevation) and parts of the north and south elevations. Service doors will be to the back (east elevation) with the service write up area on the south side of the building and car wash bays will be located at the northeast corner of that building. The Toyota building will be precast concrete panels with EIFS to match along with aluminum composite panels and metal cap flashing. Display windows are to be on the front (west) and portions of the north and south elevations. Service doors will be the rear (east elevations) of the site. The service write up area for this building is to be on the north end with service doors entering and exiting the area. Car wash bays are to be at the southeast corner of the building. Both buildings have a second story floor over a portion of the buildings. LIGHTING/TRASH The applicant has submitted a lighting plan indicating proposed foot candles that are consistent with Section 35-712 of the city ordinances. They propose the same light fixtures that are to be provided on the Chevrolet and Buick, Pontiac, GMC buildings on the west side of Brooklyn Boulevard. The light standards shown will be twenty four feet in height and of different varieties all are to be a cut off type light to direct illumination down onto the site. City ordinances require that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate illumination on the property. Illumination is not permitted at an intensity level greater than 3 foot candles measured at property lines abutting residentially zoned property. A review of the plan shows that this foot candle level will not be exceeded where the sites abut with the R-3 and R-1 properties to the east. 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 in city ordinances. Their lighting plan indicates that they will comply with ordinance standards on the two new developed sites. Trash container areas are shown on each of the two lots. In the case of the Honda building, it will be the east of the building and to the southeast of the Toyota building. No details as to materials are provided. We would recommend a masonry structure sufficient in height to completely screen trash containers from view and contain solid opaque gates. PLATTING A preliminary plat has been submitted under Planning Commission Application No. 2008-004 which will replat into two new lots at 6700 and 6800 Brooklyn Boulevard. As indicated previously, the applicant is requesting that it not be required to combine the property addressed as 4215 69th Avenue with the 6800 Brooklyn Boulevard lot to be created. We have requested that appropriate cross access and parking agreements be established between this site and the 6800 Brooklyn Boulevard site to accommodate the site flow as indicated in the plans submitted. The reason the applicant is requesting that it not be required to combine the lot with the main lot is based on legal representation that has been made to them that they not be required to combine this lot at the present time because of potential environmental issues relating to the former Pilgrim Cleaner site and potential groundwater or soils impacts on the property in question. Given appropriate cross access and parking agreements being executed in a manner recommended by the City Attorney, we believe that this requirement can be waived at this time. Once the environmental issues have been clarified, it would be appropriate for the applicants to replat the property into a single lot and this should be a condition of approval. 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. Almost 30 days of the 60 day time frame will have expired before the Planning Commission can hold its public hearing. This requirement makes it difficult for the City to hold Neighborhood Advisory Group meetings as they have in the past. The Council, because of this, decided that the neighborhood Advisory Group process should not be pursued. A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post. 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. Page 1 7-17-08 Page 8