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HomeMy WebLinkAbout2006-009 - 4215 69th Ave, 4101 69th Ave, 6800 Brooklyn Blvd, & 6700 Brooklyn Blvdo o 0 f � K x w -�' D L w Q w LA t G �� O N � W Z Application Filed on 7-20-06 City Council Action Should Be Taken By 9-18-06 (60 Days) Planning Commission Information Sheet Application No. 2006-009 Applicant: The Luther Company Limited Partnership Location: 6700 & 6800 Brooklyn Boulevard and 4215 & 4101 69th 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) and R-3 (Multiple Family Residence) to PUD/C-2 (Planned Unit Development/Commerce) of four contiguous lots located on the easterly side of Brooklyn Boulevard between I-94 and 69th Avenue North and development plan approval for a two phased redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property. Four parcels are involved in the PUD proposal and include 6700 Brooklyn Boulevard (former Ryan Olds property), 6800 Brooklyn Boulevard (Brookdale Dodge), 4215 69th Avenue North (a Luther car storage facility) and 4101 69th Avenue North (property currently zoned R-3 containing a non -conforming single family home). These properties are all currently zoned C-2 and R-3 and are bounded on the north by 69th Avenue; on the east by R-3 zoned property containing non -conforming family homes and a townhouse complex along with R-1 zoned property containing four single family homes adjacent to Grimes Avenue North; on the south by 1-94 right of way; and on the west by Brooklyn Boulevard with C-2 zoned property on the opposite side of the street. A similar Planned Unit Development rezoning and development plan approval application was submitted last year by the Luther Company Limited Partnership and was approved by the City Council on November 14, 2005 under City Council Resolution No. 2005-156, copy attached. (See Planning Commission Application Nos. 2005-015 and 2005-016.) The Luther Company has recently acquired the property at 4101 69th Avenue North and wishes to include it in their redevelopment plans. A revised Preliminary Plat has also been submitted and is the subject of Application No. 2006-010, which has been submitted as a companion application to this plan. That proposal combines the above mentioned properties into two new lots to be described as Lots 1 and 2, Block 1, Bri Mar Second Addition. The Luther Company has acquired all the automobile dealership property in this area. Phase One of their proposal involves the expansion of the existing Brookdale Dodge operation showroom/service building (6800 Brooklyn Boulevard) and the removal of the building at 4215 69th Avenue North to accommodate their new and expanded Brookdale Dodge building. Under the previous Planned Unit Development, Luther proposed to remodel the old Taystee building at 4215 69th Avenue to make it into a truck center on the site. That is one change comprehended under the new application. The other change under the first phase is the incorporation of 4101 69th Avenue into the Planned Unit Development and into the Brookdale Dodge site. Also under 8-17-06 Page 1 Phase One, Luther proposes an interim use of a portion of the old Ryan Olds site for accessory automobile parking and display. Phase Two, which would be considered at a later time under a Planned Unit Development Amendment, would be the redevelopment of the vacant site (6700 Brooklyn Boulevard) as a new Luther Company automobile dealership. Planning Commission Application No. 2006-010 for preliminary plat approval proposes to shift the property line between 6700 and 6800 Brooklyn Boulevard and to incorporate the property at 4101 69th Avenue into the Brookdale Dodge operation. Approval of that Preliminary Plat application is essential for this plan to go forward. The applicant is seeking the PUD/C-2 rezoning to accomplish the above mentioned redevelopment. 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 along the east property lines of the two automobile dealership properties and also along the north side of 69th Avenue North. Expansion or redevelopment of the auto service areas, which are a part of the Phase One and Phase Two plans 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 provide to these residential properties as part of their plan. It should be noted that the PUD process was used to allow expansion and redevelopment of the Brookdale Chrysler property at 62°a and Brooklyn Boulevard and the Brookdale Mitsubishi dealership where similar residential abutment existed. The applicant also proposes a less than 15 ft. green strip along Brooklyn Boulevard right of way for the Dodge operation where the existing green strip is approximately 7.5 ft. due to right of way taking to accommodate the expansion of Brooklyn Boulevard. Furthermore, they seek a waiver from the requirement that the lot at 4215 69th Avenue North be combined into a single lot with the Brookdale Dodge site because the two lots are under common ownership and proposed for common use. The applicant notes that cross access and parking easements will accomplish the same purpose without the need to formally combine the lots, which they have been advised not to do because of potential environmental issues relative to the migration of contaminants from the former Pilgrim Cleaner's site. 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; an encroachment into the required 15 ft. green strip adjacent to street right of way; and to not be required to combine two parcels of land under common ownership proposed for common use. Their plan for offsetting the abutment issue is to have an 8 ft. high fence contained within a 35 ft. buffer strip, which has been in existence for many years and has proved to be sufficient and adequate screening and buffering from the automotive repair uses which have been conducted on 8-17-06 Page 2 these sites for over 40 years. They propose to provide a three foot high combination masonry pier and wrought iron decorative fence along the Brooklyn Boulevard and 69tb Avenue North right of ways where the required green strip would be less than 15 ft. This feature is comparable to what was allowed at the 691h and Brooklyn Boulevard redevelopment and the SuperAMerican development on 57th and Logan Avenues North. This appears, as in the past, to be an appropriate design feature to mitigate or offset the reduced green strip. A cross access and parking arrangement for free flow between the site at 4215 69th Avenue North and the Brookdale Dodge operation is proposed to offset concerns regarding the waiving of the platting requirement to combine this lot into a single lot because of common ownership and common use. 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 written comments relative to what they believe to be the positive impacts of their development (attached). 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 following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's proposal. These comments are very similar and almost identical to those which were provided for the applicant's previous Planned Unit Development request, which was approved in November, 2005. The situation is quite comparable and to a great extent the changes to the site plan and the rezoning proposal are slight. The following is a review of the guidelines and how it is believed they relate to the applicant's proposal. a. Is there a clear and public need or benefit? It is the staff s opinion that this redevelopment proposal can be seen as meeting a clear and public need or benefit if it is consistent with the redevelopment criteria established by the city and is also consistent with the City's Comprehensive Plan. The proposal should balance the business needs of the community with that of surrounding properties. It is not anticipated that this proposal will be a detriment, 8-17-06 Page 3 but on the other hand, it should be a positive factor in providing a positive effect on the community. The City's Comprehensive Plan acknowledges this area to be devoted to retail business. Certainly an automobile dealership fits within that recommended land use. The expansion into the R-3 zoned property and rezoning of the property to PUD/C-2 is believe to be warranted given the expansion proposal and the lack of negative impact on surrounding land uses. The Brooklyn Boulevard Study which is cited in the Comprehensive Plan refers to the regional significance of the automobile dealerships on Brooklyn Boulevard as an important attribute to the community. Automobile dealerships with service operations have existed in this area for many, many years and have not proven to be detrimental to surrounding property, particularly the abutting residential property because of the significant screening and buffering that has existed in this area. b. Is the proposed zoning consistent and compatible with the surrounding land use classifications? The applicant seeks the C-2 underlying zoning district under this PUD proposal, which is the same zoning district that currently exists. No new uses would be introduced with the proposal at hand nor would incompatible uses be considered under the Planned Unit Development. It is believed that the proposal made by The Luther Companies can be considered consistent and compatible with surrounding land use classifications given the fact that no changes or encroachments into the buffer, setback and screening that currently exists will be done. A 35 ft. buffer will be maintained where the Dodge dealership abuts with the R-3 zoned property and the 8 ft. high screening will also continue. When the old Ryan site is developed, additional buffer will need to be provided to meet the 35 ft. requirement and 8 ft. of screening will continue in this area as well. Part of the Phase One proposal is to include 8 ft. high screening and to establish a 35 ft. buffer on the old Ryan site until that site is developed as a future Luther automobile dealership. With respect to the across the street abutment along 69th Avenue with R-1 zoned property, it should be noted that between 150 and 200 feet of street right of way exists between the north and south sides of 69th Avenue North. We are not aware of any conflicts with the automobile use, particularly the automotive service and repair operation with the abutting properties on the north side of 69th Avenue. No change in use will exist and, therefore, we would conclude that the proposed Planned Unit Development can be considered consistent and compatible with surrounding land uses. C. Can all proposed uses in the proposed zoning district be contemplated for development of the subject property? 8-17-06 Page 4 The current zoning of the property is C-2 and all general commerce permitted and most special uses can be comprehended on the property. Currently the ordinance does not allow automobile service and repair to abut residential property, thus the applicant's request for the Planned Unit Development proposal. At this point in the Planned Unit Development only automotive sales, leasing, service and repair will be conducted within the Planned Unit Development. Modification or changes to these uses would require an amendment to the Planned Unit Development. The underlying zone would allow uses that are currently allowed in the existing C-2 zone. d. Have there been substantial physical or zoning classification changes in this area since the subject property was zoned? The most significant zoning classification change in the immediate area affected the property at the northeast corner of 69th Avenue and Brooklyn Boulevard. That was a PUD/C-2 rezoning of that property to accommodate the redevelopment, which included a Culver's restaurant, the SuperAmerica gasoline service station and a strip center commercial development. Various modifications to the underlying C-2 zone were authorized through that Planned Unit Development allowing some minor buffer encroachments into the 35 ft. buffer where R-1 abuts C-2 and some reduced green strips along the public right of way where decorative fencing was utilized to offset the reduced green strip, quite similar to what is proposed under this application. The current PUD/C-2 proposal can certainly be considered consistent with the rezoning at 691h and Brooklyn Boulevard. There have not been any other significant changes in zoning since the property was originally zoned for commercial development in the late 1960's. Physical changes in the area such as the widening of 69th Avenue North and the upgrading of Brooklyn Boulevard have only solidified the commercial zoning in this area and the desirability of this property for automobile sales and service. e. In the case of City initiated rezoning proposals, is there a broad public purpose evident? This evaluation criteria is not applicable in this case because it is not a City initiated rezoning proposal, but rather a developer initiated proposal. f. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? We believe that for the most part, the proposal will bear fully the development restrictions for this Planned Unit Development with some deviations from the standard ordinance requirements requested. The property line abutment with the automotive repair use seems to be offset quite well by the existing and proposed 8-17-06 Page 5 buffer, screening, and setback requirements. The cross access arrangements proposed and deed restrictions can offset the requirement at this time to combine 4215 69th Avenue North with 6800 Brooklyn Boulevard. At some point in the future, however, when environmental issues are no longer a factor, these properties should be combined through platting or Registered Land Survey. The applicant's proposal for the reduced green strip because of the highway taking and widening is offset and mitigated by plan considerations including a decorative three foot high combination masonry and wrought iron fence. g. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The underlying zone is the same as the existing zone and the C-2 uses certainly are appropriate for this area. It can't be said that the existing uses are unsuited for the particular area, as the same type of uses will be conducted under the Planned Unit Development. It certainly seems appropriate to continue with the automotive uses in this area of the city. h. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. Lack of developable land in the proposed zoning district, or; 3. The best interest of the community? It appears that the proposal has merit beyond just the particular interests of the developer and should be a redevelopment that can be considered compatible with surrounding land uses. The proposal is also consistent with the City's Comprehensive Plan for this area which calls for retail business. The automobile dealerships in the area north of I-94 and south of 69th Avenue North have been a stable commercial use in this part of Brooklyn Center for 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 to be in the best interest of the community. As far as developable land in Brooklyn Center, there is none to speak of. All progress and development in the future will be basically as expansion and redevelopment. i. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? We believe the proposal to have merit beyond just the particular interest of the developer. It will lead to a development that, we believe, can be consistent and compatible with surrounding land uses. The proposal, with some possible modifications, will provide a quality development that is consistent with the City's Comprehensive Plan and be in the general best interest of the community. 8-17-06 Page 6 SITE AND BUILDING PLAN PROPOSAL As mentioned previously, the applicant is proposing a two phase redevelopment and expansion of the automobile dealerships on the easterly side of Brooklyn Boulevard between I-94 and 69th Avenue North. The Luther Company owns the properties at 4215 691h Avenue North (old Taystee building); 4101 69th Avenue North (R-3 zoned property containing non -conforming single family home); 6800 Brooklyn Boulevard (Brookdale Dodge) and 6700 Brooklyn Boulevard (former Ryan Olds property). These properties are being replatted under Planning Commission Application No. 2006-010. Phase One of the proposal is to demolish the old Taystee building on 4215 69th Avenue North and the single family home at 4101 69th Avenue North. These properties will basically serve as inventory and display parking for the Dodge dealership. Three additions will be made to the existing Dodge dealership building. One will be to the north for showroom/office space. A second addition to the building will be on the southwest corner for a two story addition with administrative offices on the ground level and parts storage on the upper level. The third addition to the building will be a four bay vehicle prep area that will be added at the east end of the building. It should be noted that all of the buildings at the former Ryan dealership (6700 Brooklyn Boulevard) have been demolished. Minimum site work has been accomplished and it is proposed under this first phase for interim vehicle storage and display on this property. The site lighting and fencing will be replaced and the plan calls for 8 ft. high opaque screening around the entire storage area. Phase Two of the proposal, which will require a PUD amendment, will be the redevelopment of the entire former Ryan property for a new, full service automobile dealership. We have also previously mentioned the modifications to ordinance standards the applicant is proposing through the PUD process. These include allowing an expansion to the automobile repair facility abutting R-1, R-2 or R-3 zoned property; a less than 15 ft. green strip along portions of the Brooklyn Boulevard right of way; and the requirement to combine 4215 69th Avenue North into a single parcel with 6800 Brooklyn Boulevard because of common ownership and common use. Recommendations regarding these items will be offered as we review applicable parts of the plan. ACCESS/PARKING/GREEN STRIPS The four access points to the sites remain unchanged. A right in, right out access to the former Ryan site off Brooklyn Boulevard; a shared access between the Brookdale Dodge and former Ryan site at 68th Avenue North and Brooklyn Boulevard; an access with a median break off 69th Avenue North serving the Brookdale Dodge site; and a right in, right out access currently serving the Brookdale Dodge service/storage area. No other new accesses to the site is proposed nor recommended. The driveway serving 4101 69th Avenue North, which is being incorporated into the development plan should be closed and permanent improvements such as curb and gutter and the replacement of the sidewalk and landscaped areas should be accomplished by the developer. 8-17-06 Page 7 No access from 69th to this portion of the site is recommended. Internal access between the Dodge dealership and the former Ryan site is indicated. Cross access easements between the properties as approved by the City Attorney will need to be developed, executed and filed with the titles to the properties. Grade differentials and changes will have to be addressed also on the site. 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 portion of the building; one space for every service bay and one space for every service bay employee for the service garage area; one space for every 800 sq. ft. gross floor area for strictly storage areas; and two parking spaces for service vehicles. Required parking is 105 spaces for the 35 service bays (3 X 35); 40 spaces for day shift service garage employees; two spaces for service vehicles; 72 spaces for 14,355 sq. ft. of office area (14,355 sq. ft. - 200); 56 stalls for 10, 138 sq. ft. of retail showroom (5.5 X 10.138); 16 spaces for 12,967 sq. ft. of warehouse storage space (12,967 sq. ft. - 800); for a total parking requirement of 291 spaces. Six hundred thirteen parking spaces are provided on the Dodge dealership property which well exceeds the required amount. In addition, there are 634 display and storage parking spaces on the former Ryan property, which will be available to the applicant for interim storage. It should be noted that all parking of vehicles whether for customers, employees or storage and display must be on a bituminous or concrete surface. No parking, whatsoever, may be done on unimproved or landscaped surfaces anywhere on the sites. Display parking such as at the northwest corner of the site and the landscape area must be set back at least 15 ft. from the edge of the street right of way. As mentioned previously, the applicant is requesting modification to the city ordinances to be allowed to have less than a 15 ft. green strips along Brooklyn Boulevard. A 3 ft. high decorative fence of masonry iers and wrought iron, similar to that at the northeast corner of Brooklyn Bouelvard and 69t Avenue, are proposed to offset or mitigate the less than 15 ft. green strip in this area. It should be noted that when the Brookdale Dodge operation was reconfigured and a new retail showroom was built in 2001, a 15 ft. green strip along Brooklyn Bouelvard was required as part of the then plan approval and was shown on the development plans. This was prior to the time of the widening of Brooklyn Boulevard. Additional right of way apparently was taken at the time which caused the green strip to be less than 15 ft. The applicant notes this is a pre-existing condition caused by the roadway taking and they want to continue it as is. The applicant, as was required, in the 2005 PUD approval, has proposed and will be providing the decorative fence mentioned above in areas where the green strip is less than 15 ft. Their proposal seems to be consistent with other approvals in similar circumstances. 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 8-17-06 Page 8 to these items are attached for the Commission's review. Utilities for Dodge operation already exist and no plans for alterations are proposed. Site grading will need to be accomplished around where the former Taystee building will be removed. B612 curb and gutter is shown around the perimeter of the site and the off site storage and display lots. The plan calls for B412 curb and gutter in certain areas where automobile display will in all likelihood take place. The City Engineer has indicated that the B412 curb and gutter (which is a 4 inch high curb and a 12 inch wide gutter) may be appropriate in these areas where water will not be conveyed. Approval of the curb and gutter plan is subject to approval by 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 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 this site. Again, it is pointed out that all parking and storage of vehicles must be on an improved 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. LANDSCAPING/SCREENING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Commission to evaluate such plans. The applicant's proposal is to provide landscaping for the entire 15.57 acre site, which will require a total of 974 landscape points. Their plan is to provide a total of 993 points by saving existing landscaping on the site and providing new landscaping as the case may be. Landscaping exists on the properties particularly along the north and west sides of the Brookdale Dodge site. They propose to preserve as many existing trees as possible along the west side of the site adjacent to the residential property and around the existing Brookdale Dodge building. It should be noted that streetscaping was provided in the boulevard right of way portions of Brooklyn Boulevard during the widening of that facility a number of years ago. The proposed landscaping is to compliment the existing streetscaping and existing landscaping on the sites. Their tree preservation plan indicates that they will preserve a total of 110 trees. Ninety-seven shade trees (primarily Maple, Oak Ashe and Hackberry); Eight coniferous trees (various types of Spruce tree); and five decorative trees (Crabapple). Forty-eight of the saved shade trees will be used to meet their landscape point requirements as well as the eight conifers and five decorative trees. They will be adding 54 more coniferous trees (Black Hill Spruce, Austrian Pine and Scotch Pine), 26 new decorative trees (Euonymus and His Majesty Cork Tree), and 117 new shrubs (Eudora Compact Juniper, Wilton Blue Rug Juniper, Tounton Yew, Dwarf Burning Bush, Alpine Currant and Little Princess Spirea). Much of the landscaping will be on the Dodge site. Their plan is to provide a number of coniferous trees along the east side of the old Ryan property 8-17-06 Page 9 in the 35 ft. green strip to be provided along that property line. Ten new decorative trees will also be planted on the old Ryan site around the interim car display area. Additional landscaping will be considered at the time of their Phase Two PUD amendment submittal for the redevelopment of the old Ryan Olds property. 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 exists between the existing Dodge property and the abutting residential properties to the east. With the inclusion of the property at 4101 691h Avenue North, this buffer will have to shift further to the east along the abutting property line with the non -conforming single family home to the east and the townhouse complex. Currently a brick pier and opaque fence is located along the north property line from the 69`h Avenue entrance into the Brookdale Dodge lot to their east property line. This brick pier and wood fence will be extended further to the east where the new screening along the east property line will be placed. Their plan is to provide an 8 ft. high opaque wood fence without brick piers along the easterly property line. Their plan includes establishing a 35 ft. buffer strip along the east property line of the old Ryan property to screen and buffer from the townhome and the four single family homes facing Grimes Avenue North that abut with the old Ryan property to the east. They also propose to repair or replace the existing screen fence as needed in this area along the property line to the south side of the old Ryan site. A new 8 ft. high wood fence will be constructed along the south portion of the old Ryan site and the west lot line along Brooklyn Boulevard up to the display area proposed to be located on the Ryan property. This fence will extend easterly and northerly to totally screen a proposed storage lot on the old Ryan property. As mentioned previously, a 3 ft. high masonry pier and wrought iron fence will be provided along the Brooklyn Boulevard right of way area where the green strip is proposed to be less than 15 ft. That fence will continue along 691h Avenue easterly to the entrance to the Brookdale Dodge site. The proposed screening appears to be adequate to meet the requirements for screening and to offset or mitigate the allowance for automotive repair at this facility. Underground irrigation is required to be provided in all landscaped areas to facilitate site maintenance in accordance with the requirements of city ordinances. Such irrigation will be provided to the Dodge operation. BUILDING The applicant has submitted building elevations and floor plans for the proposed building additions. The building exterior to the additions to the Brookdale Dodge showroom and service building will be new EIFS to match the existing and new rockface concrete masonry units to also match the existing. 8-17-06 Page 10 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 have shown new lighting standards and relocated lighting standards on 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 ft. candles measured at property lines abutting residentially zoned property. A review of the foot candles proposed indicates that they are within this standard. 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 noted above. An approximate 15 ft. x 35 ft. trash enclosure is provided on the east of the Brookdale Dodge showroom. It will be a rockfaced concrete masonry unit with two 2 X 6 inch vertical cedar panels attached to a steel frame gate to provide total screening of the trash enclosure area. PLATTING A preliminary plat has been submitted under application 2006-010, which will replat the two lots at 6700 and 6800 Brooklyn Boulevard and also include the property at 4101 69`h Avenue North to accommodate the proposed expansion to the Brookdale Dodge showroom/service center. As indicated previously, the applicant is requesting that it not be required to combine the property addressed as 4215 69th Avenue, which contained the offsite storage lot and the old Taystee building with the Dodge dealership due to environmental concerns related to the clean up of the former Pilgrim site lying to the west. Given the requirement for cross access and parking agreements, we do not feel that it is necessary to require this parcel to be combined at this time even though the sites are under common ownership and have a common use. At some point in the future, when there are not environmental concerns related to this property, the applicant should combine these two sites into a single lot consistent with the requirements of the zoning ordinance. In the meantime, the appropriate easement agreements should be sufficient to meet the spirit of the zoning ordinance and such a modification is recommended. It is important to have these cross access provisions and also to tie this property the main site (6800 Brooklyn Boulevard). PROCEDURE Rezoning applications in the past that have been considered by the Planning Commission were typically referred to the respective Neighborhood Advisory Group for review and comment. 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 July 20, 2006. 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 September 18, 2006. Almost 30 days of 8-17-06 Page 11 the required 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 the Neighborhood Advisory Group meetings we normally have. The City Council recently discussed the status of the Neighborhood Advisory Groups and decided that their continuation was not necessary and to some extent there had been a lack of interest in the groups. Neighborhood Advisory Group members have been advised that their services as a member of the group are not longer required and they have been encouraged to participate in the city advisory process through other advisory groups. 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. 8-17-06 Page 12 July 20, 2006 Mr. Ron Warren Planning Department City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: PUD Application- The Luther Company Limited Partnership Dear Mr. Warren: The Luther Company Limited Partnership is submitting its PUD application for the redevelopment of the Brooklyn Center properties located at 4101 69th Ave., 4215 69' Ave. (Taystee site), 6700 Brooklyn Blvd. (former Ryan property, and 6800 Brooklyn Blvd. (Brookdale Dodge property). This is an update of the previously requested application of October 2005 due to an additional parcel acquisition and remodel modification. Luther has operated a Chrysler Jeep dealership at 6121 Brooklyn Boulevard in Brooklyn Center since it acquired the franchise in 2001. In November of 2004, the Luther Automotive Group acquired the Dodge franchise, located at 6800 Brooklyn Boulevard. As part of the acquisition, the manufacturer required Luther to consolidate dealership operations at the 6800 Brooklyn Boulevard site and make facility modifications incorporating the Daimler Chrysler design elements and changes to accommodate operational needs. The redevelopment is a two-phase process. Phase I is the Dodge redevelopment at 6800 Brooklyn Boulevard. This will entail the demolition of the old Taystee building at 4215 69`h Ave. North, the incorporation of 4101 69d' Ave. North into this site for use as vehicle storage and the expansion and remodel of the Dodge building at 6800 Brooklyn Boulevard. Phase II is a future dealership site on the south side of the property at 6700 Brooklyn boulevard. Phase I of the redevelopment consists of removal of the old Taystee building. This northwestern parcel will become vehicle display. The building at 6800 Brooklyn Boulevard will undergo major additions and remodeling. There is a major showroom/office addition on the north side of the building. The modification on the west side includes a two story addition with administrative offices on the ground level and 701 XENIA AVENUE SOUTH • SUITE 220 • GOLDEN VALLEY, MN 55416 tel: 763.593.5755 • fax: 763.593.0769 • web: www.lutherauto.com • email: info@lutherauto.com parts storage on the upper level. Additionally a four bay vehicle prep area will be added on the east side of the building. Phase II occurs on 6700 Brooklyn Boulevard, the site of the former Ryan buildings which have been removed. Site fencing and security lighting will be replaced and or repaired in its interim use as vehicle storage. Areas where the former buildings were removed will be paved. The 14.69-acre site will be replatted into three separate lots. There are compelling reasons why some of the property lines will not be combined as part of this replat. The first is the environmental issues that accompany the Taystee site (4215 691h Ave. N.). Part of the Taystee site may be considered a Superfund site because it is directly adjacent to the active Pilgrim State Superfund Site and the groundwater and soil on it are impacted. It is our intention to use these properties as one for the purposes of a total site development, but to maintain the lots as separate for the reason cited. The Ryan property will also remain separate for the purposes of replatting. This is because the Dodge site is subject to site control by Daimler Chrysler. Combining the two properties would result in site control of the Ryan property. When the Dodge building was expanded and improved in 2001, the yard was in conformance with the 15' required setback. As part of the Brooklyn boulevard expansion project, 7.5' of the front yard was taken in the condemnation resulting in the condition that exists today. It is our intention as part of the PUD approval to bring the entire site into conformance in areas of new development to the 15' required setback, but in areas where there is a pre-existing condition, to leave the setbacks as they exist. The specific area affected by this is the 270' strip in front of the Dodge building. Compliance with the 15' setback requirement in this area would adversely affect site circulation and create significant inefficiencies resulting in loss of customer and display parking. Responses to Section 35-208 Rezoning Evaluation Policy and Review Guidelines follow: A. Is there a clear and public need or benefit? Yes, The Luther Family Dealership businesses have been in good public standing in the community and are an excellent source of employment. B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? Yes, our zoning is consistent with and compatible with surrounding land use classifications. C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city, as we are aware. E. In the case of City -initiated rezoning proposals, is there a broad public purpose evident? Not applicable F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? We believe the utilization of the property as proposed under the Planned Unit Development Rezoning is considered a reasonable use for the property and will conform with ordinance standards except for allowing automobile repair to abut residential property, a less than 15 ft. green strip adjacent to Brooklyn Boulevard right of way and not requiring two parcels that are under common ownership and proposed for common use to be required to be replatted into a single lot. These modifications from the Zoning Ordinance standards are justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by various factors contained in the site plan such as necessary screening and City required decorative fencing. G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? We believe the Planned Unite Development proposal to be a good long-range use of the existing land and this redevelopment to be considered an asset to the community of Brooklyn Center. H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning; 2) The lack of developable land in the proposed zoning district; or 3) The best interests of the community? We believe our project to be warranted on all accounts. I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Yes, we are combining three properties into one cohesively designed development and bringing the total area into conformance with current Brooklyn Center zoning requirements. The Luther Automotive Group has been a part of the Brooklyn Center community for many years. We are excited about this project and continuing our positive working relationship with the City of Brooklyn Center. We thank you for your consideration for this request and look forward to answering any question you may have at the August 17, 2006 Planning Commission meeting. Sincerely, Linda McGinty Director of Real Estate and Development 7 7� SIP-- Li rd N oj"P CS IC 'oe Li,(D 51,11, -Rik Pic �iwld 111.: 11 - i I I T x 1 too vs 0 Mon, 141 my Sm Wf W its cm RUN Oil L 0 E2 C) C.- 0:3 m =3 C) 0 ig C:) IND CY) L 1) HE 1.0 RIB �� \ ° §'�\�,| 0 c Jill PAP -A� kip ;;R _ :7,� i m O L T B "1'l C TJ m o n C) m r n C z t.; m C7 0 m C'-) cn m IC T� t �Y� i tl Itif •O�� N� 61r 9 4 yyyp 99yfill' `gae R; Cd a$i5aF4F4 lip ^G ' W f O � CD �$ C-,) m m m n m Z m 0 M rn 'C rn m C= CM m L 1) ONc 17 Jill - — -- � / �� � _ \_ b k | § . �/\\/�\\\\\/.�\\/�\ §§ 95 � Ail T- I P, I IN p! � /_ . / \. . \ \ � ,� q| | 1 7 We i i 1 _ 00 r -- z tv m rn � cry rn �jJ 0 SE S \\ \U\\\ \ \ �:.CtD / R;| ¥e Le . \ ---- \--\--- 3 IC }� %k ok / ■� R| �� , © »=_w2 » E � ■; • , 7� 41 �1 C:) C— C) CD cn m L n I�in 5C Egg L C) LrE t 7 ! - ;;_ | |! iJ \}\ \§ } \ \} � 44l;; � \ - q ge= !! !�| ! ! / � \ \ $ �. �� |� g� aim 8 /1 - :. : �\\ \ \� 5\ ƒ ¥ p"M \ � :fit ,/I \ !I[ §\ /\ MTCity of Brooklyn Center A Millennium Community MEMORANDUM DATE: August 14, 2006 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works T017 SUBJECT: BRI MAR 2ND Addition Brookdale Chrysler -Jeep Planning Commission Applications 2006-009 and 2006-010 Public Works Department staff reviewed the following preliminary documents submitted for review under Planning Commission Applications 2006-009 and 2006-010 for the auto dealership site located at the intersection of Brooklyn Boulevard and 69th Avenue North. • Sheet C-101, Existing Conditions, dated July 20, 2006 • Sheet C-102, Demolition Plan, dated July 20, 2006 • Sheet C-103 and C601A/B, Site Plans, dated July 20, 2006 • Sheet C-104 and C602A/B, Grading and Utility Plans, dated July 20, 2006 • Sheet C-105 and C603A/B, Utility Plans, dated July 20, 2006 • Sheet C-106, Preliminary Plat, dated July 20, 2006 Preliminary Plat The applicant is proposing to replat Lots 1 and 2, Block 1, Bri Mar Addition and the westerly portion of Lot 3, Auditor's Subdivision No. 25. The preliminary plat generally consists of the relocation of an internal lot line separating Lots 1 and 2 of Bri Mar Addition and incorporation of the westerly portion of Auditor's Subdivision No. 25 into Lot 1 of the proposed plat. Lot 1, Block 1, Chrysler Realty Addition is also shown on the preliminary plat. However, the applicant has indicated that the land within the Chrysler Realty Addition boundary will not be replatted at this time. The following recommendations regarding the preliminary plat are provided for consideration. 1. The proposed development site is adjacent to County State Aid Highway (CSAH) 152. A copy of the preliminary plat will be submitted to Hennepin County Transportation Planning Division for review. The final plat must conform to requirements as set forth by Hennepin County. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityolbrooklyncenter.org 2. The applicant shall provide the City with an executed copy of a shared access easement over Lot 1 of the proposed plat a shared driveway access onto CSAH 152 at 68th Avenue North prior to release of the final plat. 3. The final plat shall include 10-ft wide drainage and utility easements along the perimeter of the plat and along internal property lines. The final plat shall also include a drainage and utility easement extending over the boundary of the existing signal and utility easement and road easement per Document No. 3457153, Document No. 3457154 and Document No. 3457158. 4. The applicant shall be responsible for coordinating site development plans with Xcel Energy, CenterPoint Energy, Qwest Communications and other private utility companies. 5. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use with the final plat. 6. The property owner of Lots 1 and 2, Block 1 of the proposed plat shall enter into a utility maintenance agreement with the City to provide for the long term maintenance of private utilities and storm water facilities that will serve a joint or common use between lots within of the proposed plat. The utility maintenance agreement must be executed by the owner and the City prior to release of the final plat. Water and Sanitary Sewer Utility Service Public utility services are provided to the existing building within Lot 1 from water main and sanitary sewer main along 691h Avenue North. Public utility services are provided to Lot 2 of the proposed plat from water main and sanitary sewer main extending into the site from Grimes Avenue across the southern property line of the Victoria Townhome complex located to the east of the site. 1. All water and sewer services for the existing buildings scheduled for removal within the plat boundary must be disconnected at the public mains prior to building demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the city engineering division office. The applicant's contractor shall have all service disconnections inspected and approved by City utility staff prior to backfill. This requirement shall apply to all building removals, including the buildings located at 4215 69t Avenue and 4101 69th Avenue. 2. The existing 8-inch diameter sanitary sewer service extending from the `Brookdale Dodge Chrysler Jeep" building is shown as an 8-inch diameter PVC pipe leading to a 6-inch diameter VCP pipe that drains to 69th Avenue. The applicant's engineer shall confirm that the existing sanitary sewer service has sufficient conveyance capacity for the proposed building expansion. 3. The upstream side of the existing sanitary sewer manhole located within the southeast portion of the site shall be capped and sealed by the applicant's contractor. 4. The proposed site plan shall be subject to the approval of the City Fire Chief and Building Official, including hydrant spacing requirements and any other requirements of the Fire Department. Site Layout and Traffic Traffic access to Lots 1 and 2 of the proposed plat includes a signalized intersection at 68th Avenue North along the west boundary of Lot 1 and a right -in / right -out access point along the west boundary of Lot 2. The signalized intersection at 68th Avenue North is intended to serve both Lots 1 and 2 through a driveway access agreement that must be amended prior to release of the final plat. The anticipated land use for the site is not expected to significantly modify traffic patterns from existing conditions. 1. The applicant shall take appropriate measures to protect and preserve all trees, landscaping items, street lights and sidewalk within the public right-of-way and highway easements extending along Brooklyn Boulevard (CSAH 152) and 69th Avenue North. 2. All curb replacement adjacent to the perimeter of the plat boundary shall be Type B612 or B618 in accordance with City Ordinance Section 35-710. The applicant is proposing to construct curb Type B412 at several locations within the site. Type B412 curb is acceptable only in locations not adjacent to the outer perimeter of the site. 3. Sheet C-601A shall be amended to show the installation of B-618 curb and gutter across the existing driveway within the westerly portion of Auditor's Subdivision No. 25. The site plans shall be revised to remove the note indicating a transition to B412 curb. Sheet C-102 shall be amended to indicate removal of the driveway apron for this site. 4. Parking space dimensions shall meet or exceed the minimum standards provided in City Ordinance Section 35-702. The applicant shall provide for the installation of new traffic control (Stop) signs at all site egress points that are not currently controlled by traffic signals. 6. The demolition plan indicates removal of the existing wire and wood fence along the eastern property line of the site. Replacement of the fence for security and screening purposes shall be subject to review and approval by the Community Development Department. Storm Water Management The applicant has provided data showing that the proposed site improvements reduce the impervious surface area within the site by approximately 1,500 square feet. A representative of the Shingle Creek Watershed Commission has reviewed the site plans and has indicated that the watershed will not require additional storm water management measures within the site based on the availability of existing regional treatment ponds located downstream from the site. The following recommendations are provided for consideration. 1. The storm sewer plan as shown on Sheet C-602 includes the installation of new storm sewer pipes and catch basins discharging into the existing storm sewer structure adjacent to Brooklyn Boulevard. The site plan should be amended to include the replacement of the second segment of storm sewer pipe downstream from storm structure CB #7. The plan shall be amended to provide more detail as to how the new curb will tie into the existing storm structure along Brooklyn Boulevard. 2. The applicant should consider replacement of catch basin structures CB #2 and CB #12 due to the number of new storm sewer connections to these structures. 3. Temporary erosion control inlet protection shall be placed at all existing and new catch basin locations where pavement is removed to accommodate the proposed site improvements. 4. Erosion control silt fence shall be installed along the property line at all locations where existing curb will be removed along Brooklyn Boulevard as part of the proposed site improvements. 5. An NPDES construction site erosion control permit must be obtained from the Minnesota Pollution Control Agency prior to disturbing the site. The above comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final plat and site plans may require additional modifications or easement dedications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, gas and electric service, final grading and geometric design as established by public officials having jurisdiction over approval of the final site plans. � � � azf 2 .\ m ��% � � \ \ /ƒ\ �4 �i! \ � �\ �\ \ c \ \: ® � \/ � i �$ @`\ \� �� . \ .\ %\ � /�\ � I fy15 ^oo�� R1 YYWa i6 � o " MEMORANDUM TO: Curt Boganey, Interim City Manager a�J FROM: Ronald A. Warren, Planning and Zoning S 'alist . SUBJECT: Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between I-94 and 691h Avenue North) DATE: September 20, 2006 On the September 25, 2006 City Council agenda is the second reading and public hearing for an ordinance amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard between I-94 and 69th Avenue North). This ordinance amendment relates to a PUD/C2 rezoning of four contiguous lots located easterly of Brooklyn Boulevard between I-94 and 69th Avenue North and development plan approval for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property. This Planned Unit Development was proposed by the Luther Company Limited Partnership and was approved by the City Council on August 28, 2006 under Council Resolution No. 2006-98. The last action for any rezoning is to describe the property being rezoned under its new zoning classification in the zoning ordinance. This is the purpose of the above ordinance amendment, which also had a first reading on August 28, 2006. The legal description used in the ordinance amendment is that which is established by the replatting of the property under consideration. The final plat approval by the City Council and the filing of the plat with Hennepin County are necessary to create a new legal description. This has not yet been accomplished and until it has been accomplished, the legal description used in the ordinance amendment does not exist. It is recommended that the City Council open the public hearing, take comments on the ordinance amendment and table it to their first meeting in November, at which time the final plat may be before the City Council. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of September 2006 at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning Classification of Certain Land (easterly of Brooklyn Boulevard between I-94 and 69th Avenue North). Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVARD BETWEEN I-94 AND 69TI AVENUE NORTH) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1120. MULTIPLE FAMILY RESIDENCE DISTRICT (R3). The following properties are hereby established as being within the (R3) Multiple Family Residence District zoning classification: The easterly 751.715 601.365 feet of that part of Lot 3, Auditor's Subdivision No. 25, lying north of a line parallel with and distant 289.74 feet south from the centerline of 69tn Avenue North, formerly County Road No. 130. Section 35-1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: - -na mm g nww-m . . . - - M-1 ORDINANCE NO. PRO B-AARUM Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD/C2 (Planned Unit Development/Commerce): Lot 1, Block 1, Chrysler Realty Addition Lots 1 and 2, Block 1, Bri Mar 2nd Addition Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2006. ATTEST: City Clerk Date of Publication Effective Date Mayor (Strikeout indicates matter to be deleted, underline indicates new matter.) MEMORANDUM TO: Curt Boganey, City Manager a�j FROM: Ronald A. Warren, Planning and Zoning Speci st - SUBJECT: Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between I-94 and 691h Avenue North) DATE: November 6, 2006 On the November 13, 2006 City Council agenda is the continued consideration of an ordinance amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard between I-94 and 69th Avenue North) from the September 25, 2006 Council meeting. This ordinance amendment relates to a PUD/C2 rezoning of four contiguous lots located easterly of Brooklyn Boulevard between I-94 and 69th Avenue North and development plan approval for a two phase redevelopment and expansion of the Brookdale Dodge automobile dealership and the former Ryan Olds property. This Planned Unit Development was proposed by the Luther Company Limited Partnership and was approved by the City Council on August 28, 2006 under Council Resolution No. 2006-98. The last action for any rezoning is to describe the property being rezoned under its new zoning classification in the zoning ordinance. This is the purpose of the above ordinance amendment, which also had a first reading on August 28, 2006. The legal description used in the ordinance amendment is that which is established by the replatting of the property under consideration. The final plat approval by the City Council and the filing of the plat with Hennepin County are necessary to create a new legal description. This has still not yet been accomplished and until it has been accomplished, the legal description used in the ordinance amendment does not exist. It is recommended that the City Council postpone and continue consideration of the ordinance amendment until the final plat has been approved and filed with Hennepin County. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of September 2006 at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning Classification of Certain Land (easterly of Brooklyn Boulevard between I-94 and 69th Avenue North). Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVARD BETWEEN I-94 AND 69TH AVENUE NORTH) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1120. MULTIPLE FAMILY RESIDENCE DISTRICT (R3). The following properties are hereby established as being within the (R3) Multiple Family Residence District zoning classification: The easterly 751.715 601.365 feet of that part of Lot 3, Auditor's Subdivision No. 25, lying north of a line parallel with and distant 289.74 feet south from the centerline of 69"' Avenue North, formerly County Road No. 130. Section 35-1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: - - r.� .01 ORDINANCE NO. •. , Section 35-1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD/C2 (Planned Unit Development/Commerce): Lot 1, Block 1, Chrysler Realty Addition Lots 1 and 2, Block 1, Bri Mar 2nd Addition Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2006. ATTEST: City Clerk Date of Publication: Effective Date: Mayor (keindicates matter to be deleted, underline indicates new matter.)