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Home My WebLink About20200831160803900r 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 TH AND BROOKLYN BOULEVARD) Mr. McCauley discussed that Planning Commission Application No. 2001-009 submitted by BKV Group requesting for rezoning and site and building plan approval through the planned unit development (PUD) process for the development of a four building, 45,029 square foot mixed use commercial/retail development on 5.6 acres located at the northwest corner of 69" Avenue North and Brooklyn Boulevard, was recommended for approval by the Planning Commission at its May 17, 2001, meeting. This item would keep the process moving for the development at 69th and Brooklyn Boulevard and is combined with one of the items on the Economic Development Authority agenda. A resolution regarding the disposition of Planning Commission Application No. 2001-009 and an ordinance that would need approval for first reading and setting second reading and publiä hearing for June 25, 2001, regarding the amendment to Chaptôr 35 regarding the zoning classification of certain land is included and recommended for approval. RESOLUTION NO. 2001-74 Coundilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001-009 SUBMITTED BY BKV GROUP The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading of an ordinance amending Chapter 35 regarding the zoning classification of certain land (NE quadrant of 69' and Brooklyn Boulevard) and set second reading and public hearing for June 25, 2001. Motion passed unanimously. Sb. PLANNING COMMISSION APPLICATION NO. 2001-010 SUBMITTED BY LOUCKS ASSOCIATES. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 5.6-ACRES OF LAND AT THE NORTHEAST CORNER OF 69TH AVENUE NORTH AND BROOKLYN BOULEVARD INTO FOUR LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 16 9 2001 MEETING. I 05/29/01 iiw Mr. McCauley discussed that Planning Commission Application No. 2001-010 submitted by Loucks Associates requesting for preliminary plat approval to subdivide 5.6 acres of land at the northwest corner of 69th Avenue North and Brooklyn Boulevard into four lots was recommended for approval by the Planning Commission at its meeting on May 16, 2001. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2001-010 subject to the following conditions. Motion passed unanimously. 1.The final plat is subject to review and approval by the City Engineer. 2.The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3.Approval of this preliminary .plat is contingent upon approval of Planning Commission Application No. 2001-009. 4.Appropriate cross access and cross parking agreements, as approved by the City Attorney, shall be developed and filed with the final plat. 5.The 60-foot wide utility easement remaining after the vacation of June Avenue right of way shall be shown on the final plat. 6.The storm water retention plan proposed for the land comprehended under this n preliminary plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. 7. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2001-009 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 8c. PLANNING COMMISSION APPLICATION NO. 2001-011 SUBMITTED BY GPD ASSOCIATES. REQUEST FOR SITE AND BUILDING PLAN APPROVAL AND A SPECIAL USE PERMIT TO CONSTRUCT A 3,142 SQ. FT. COMBINED KENTUCKY FRIED CHICKEN AND A & W RESTAURANT ALONG BROOKLYN BOULEVARD, SOUTH OF 55 TH AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 16, 2001 MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2001- 011 submitted by GPD Associates requesting for site and building plan approval and a special use permit to construct a 3,142 square foot combined Kentucky Fried Chicken and A & W Restaurant along Brooklyn Boulevard, south of 55th Avenue North. The Planning Commission recommended approval of this application subject to the following conditions: 05/29/01 -10- Application Filed on 4-26-01 City Council Action Should Be Taken By 6-25-01 (60 Days) Planning Commission Information Sheet Application No. 2001-010 Applicant: Louck's Associates Location: Northeast Corner of 69th Avenue North and Brooklyn Boulevard Request: Preliminary Plat The applicant, Loucks Associates on behalf of Christensen Corporation, is seeking preliminary plat approval to subdivide 5.6 acres of land at the northeast quadrant of 69' Avenue North and Brooklyn Boulevard into four lots for the purpose of constructing a four-building, 45,029 sq. ft., mixed use commercial/retail complex. The property under consideration is the subject of a Planned Unit Development rezoning and site and building plan approval under Planning Commission Application No. 2001-009. It is bounded on the south by 69th Avenue; on the west by Brooklyn Boulevard; on the north by 70th Avenue; and on the east by a line lying 150 feet east of the June Avenue right of way between 70th and 69th Avenues. This property is currently made up of 13 parcels or portions of parcels zoned C-2 (Commerce), 12 parcels of portions of parcels zoned R- 1 (One Family Residence) plus June Avenue right of way which has been vacated and lies between 69thand 70th Avenues. This land was formerly occupied by single homes and various commercial establishments that have all been acquired by the City over the past six to seven years. All of the structures, with the exception of the Duoos Brothers' American Legion Club facing 701h Avenue, have been removed. The Legion Club is to be vacated by May 28th and will be demolished shortly after that date. The current legal description of these properties is Lots 8 through 14, Block 1; Lots 1 through 5,9 through 14, Part of Lots 6 through 8, and Part of Lot 15, Block 2; Lanes Brooklyn Center Addition. The proposed plat would create four separate lots to be known as Lots I through 4, of the RonSam Addition. Lot 1 is the proposed site for the BP Amoco convenience store/gas station/car wash and is proposed to be approximately 52,741 sq. ft. (1.21 acres). Lot 2 is the proposed site for the McDonald's convenience food restaurant and is proposed to be approximately 37,873 sq. ft. (.87 acres). Lot 3 is the proposed site for a 29,575 sq. ft. multi- tenant retail building and is proposed to be approximately 108,769 sq. ft. (2.50 acres). Lot 4 is the proposed site for a 7,000 sq. ft. retail building and is proposed to be approximately 45,743 sq. ft. (1.05 acres). All of the lots exceed the minimum requirements for lots in a C-2 (Commerce) underlying zoning district. Each lot abuts a public street and has direct access, or shared access, to that street. The plan comprehended under Planning Commission Application No. 2001-009 contemplates cross access and cross parking over the entire development. Appropriate agreements acknowledging this fact will need to be developed and filed with the title to the properties. The City, for purposes of this proposed development, considers the site to be a single entity. As mentioned previously, the June Avenue right of way has been vacated with the City 5-17-01 Page 1 /retaining a 60 ft. wide utility easement over that same area. Existing utilities such as sewer and water will be upgraded and continue to exist in that location. The final plat should show this 60 ft. wide utility easement. The City Engineer is reviewing the preliminary plat and will be making written comments which will be attached for the Commission's review. Copies of the preliminary plat have been forwarded to Hennepin County for their review because Brooklyn Boulevard is a county road. This plat is more than five acres in area and is subject to review by the Shingle Creek Watershed Management Commission. As mentioned in the previous report, no on site water detention is planned for this development as water will be sent to a regional facility located in the Palmer Lake basin area. The particulars of this plan are subject to the Watershed Commission review and approval. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun!Post. This preliminary plat is dependent upon the approval of the Planned Unit Development under Planning Commission No. 2001-009. If that application is not approved, this preliminary plat should also not be approved. All in all, we believe this preliminary plat is in order and approval is recommended subject to at least the following conditions: 1.The final plat is subject to review and approval by the City Engineer. 2.The final plat is subject to the provisions of Chapter 15 of the City Ordinances. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2001-009. 4.Appropriate cross access and cross parking agreements, as approved by the City Attorney, shall be developed and filed with the final plat. 5.The 60 ft. wide utility easement remaining after the vacation of June Avenue right of way shall be shown on the final plat. 6.The storm water detention plan proposed for the land comprehended under this preliminary plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. 7.Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2001-010 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County, 5-17-01 Page 2 Commissioner Erdmann asked if the grinning face would stay on the building. Mr. Katanic / responded it is their logo. I Commissioner Whitehead asked where the picture would be seen. Mr. Katanic responded thererwould be one on the south side and one on the west of the building. He noted they are going for a new prototype design. Commissioner Whitehead asked if there was any other way to do it. Mr. Katanic responded all the new KFC's would have this look. He stated it is a new corporate logo and trademark and that they would be within the limits allowed by the sign odinance. Mr. Warren stated that he did not believe the City had the ability to prohibit that type of sign as long as it met the size requirements allowed by the ordinances. He added if the City to regulates a logo, there might be free speech issues raised as a challenge. He stated the purpose of a sign ordinance is not necessarily to regulate good taste and expression. He noted it is not obscene or dangerous. He added he did not believe the City could regulate good taste. Mr. Katanic stated they would work with Mr. Warren regarding signery and have already done SO. Commissioner Newman asked about the special use with leased property. Mr. Warren responded the special use becomes a property right. He stated if KFC and A&W moved out, a new convenience food restaurant would not have to go back through the Commission unless it modified or changed the building. He noted the special use permit would continue to be operational. Commissioner Newman stated he finds the appearance somewhat garish. He noted it seems out of character for the Boulevard. He added the A&W design is bothering him and seems almost signage. Mr. Warren responded it could be seen as an architectural treatment. He added even if it were classified as a sign, it probably would meet the 15% wall area standard allowed by ordinance. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001-011. CLOSE PUBLIC HEARING There was a motion by Commissioner Whitehead, seconded by Commissioner Newman, to close the public hearing on Application 2001-011, at 11:10 p.m. The motion passed unanimously. The Chair Pro Tern called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2001-011 (GPD ASSOCIATES) There was a motion by Commissioner Erdmann, seconded by Commissioner Whitehead, to recommend to the Council that it approve Application No. 2001-011, submitted by GPD Associates on behalf of Tricon Global Restaurants for site and building plan approval and a 05-17-01 Page 7 special use permit to construct a 3,142 square foot combined KFC and A & W restaurant on the / lot to be crated immediately north of the old Toys R Us building, which is being converted to a K & 0 apparel store, subject to the following conditions: 1.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2.Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3.A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4.Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5.The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7.Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8.B-612 curb and gutter shall be provided around all parking and driving areas. 9.The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10.All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 11.The final plat dividing this property into three lots shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 12.The plans shall be modified prior to the issuance of building permits to eliminate the indicated concrete wheel stops and to provide six additional parking spaces to the east end of the site. 13.A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehend by the Zoning Ordinance shall require an amendment to this special use permit. 14.The special use permit is subject to all applicable codes, ordinance and regulations. Any violation thereof shall be grounds for revocation. 05-17-0 1 Page 8 Voting in favor: Chair Pro Tern Boeck, Commissioners Erdmann, Newman, and Whitehead. The motion passed. The Council will consider the recommendation at its May 29, 2001 meeting. The applicant must be present. Maj or changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration OTHER BUS[NESS Mr. Warren next meeting is a study session, but he would like to put two applications on the agenda. There was no other business. ADJOURNMENT There was a motion by Commissioner Whitehead, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 11:14p.m. Chair Recorded and transcribed by: Nancy Czajkowski TimeSaver Off Site Secretarial, Inc. 05-17-01 Page 9 Brooklyn Center Retail Brooklyn Center, Minnesota Retail Space for Lease SITE SUMMARY • 8,000 square foot building with 1,200 square foot bay sizes O08 • Anchored by Star- bucks, Culver's, Su- per America. • 30,900 cars per day off Brooklyn Boulevard. • Drive lhruAvail- able. • Zoned 02 PUD .89 Acre Site. o Automotive uses allowed. T E L L E 1' N E R S ntwota 55424 / I MILE 12,215 $52,922 $51,543 DEMOGRAPHICS Population; Ave HH Income: Median HH Income. 104,547 $62,633 $56,966 3 MILE I Allr;l mn- • _:_I__I :LI!!!i!!!' 1!i!!I!!I!I!1!i!!I!!i!I Brooklyn Boulevard and 70th Street, 1/4 mile north of 1-694 and Brooklyn Boulevard, Brooklyn Center, MN. City Maps 1 WU ija4 - 4Iv t Application Filed on 4-1-10 City Council Action Should Be Taken By 5-30-10 (60 Days) Planning Commission Information Sheet Application No. 2010-007 Applicant: Vanguard Construction Location: 6940 Brooklyn Boulevard (Lot 1, Block 1, Johnco Addition) Vacant Lot within the Boulevard Market PUD) Request: Planned Unit Development Amendment and SIte and Building Plan Review The applicant, Vanguard Construction, is seeking a Planned Unit Development Amendment to construct a 6,757 sq. ft. multi-tenant retail/commercial building on a 38,707 sq. ft. lot within the Boulevard Market commercial PUD located in the northeast quadrant of the intersection of Brooklyn Boulevard and 69111 Avenue, BACKGROUND INFORMATION On June 1, 2002, the City Council adopted Resolution No. 2002-75, accepting the Planning Commission's recommendation to approve the rezoning of 5.6 acres from C-2 (Commerce) and R-1 (One Family Residence) to PUD/C-2 (Commerce). The general development plan of this PUD included the planned development of four commercial/retail buildings comprising a total of 34,228 sq. ft. as follows: Lot I - Conceptual approval of a 3,960 sq. ft. building (SA Service Station with car wash) with 12 parking stalls Lot 2 - 4,230 sq. ft. restaurant, retail, office building with 46 parking stalls Lot 3 —21, 500 sq. ft. multi-tenant commercial building with 134 parking stalls Lot 4 - 4,538 sq. ft. Culver's Restaurant with 39 parking stalls On August 26, 2002, the City Council adopted Resolution No. 2002-111, which accepted the Planning Commission's recommendation on a PUD amendment to allow the construction of a revised layout for a Super America convenience store/gas station/car wash on Lot 1. The revised layout included a 3,958 sq. ft. building with 16 parking stalls and located the car wash on the north side of the convenience store. Additionally, two curb cuts were provided ftom the internal access drive. 4-29-10 Page 1 ZONING As noted, the property was zoned PUD/C-2 in 2002 with the adoption of Ordinance No. 2002-07. Attached is the Declaration of Covenants and Restrictions associated with this PUD. The PUD ordinance requires the site and building plan approvals are required and that these plans shall be in substantial compliance with the approved development plan. Substantial compliance is defined as: Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. It also provides for the processing of minor and major amendments to the approved master development plan. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by Subdivision Sd of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. This plan amendment involves the reorientation and enlargement of the total commercial square footage by 7.4% and is consequently considered a major plan amendment. PROPOSED SITE AND BUILDING PLAN The proposed amendment provides for the re-orientation of the building to face Brooklyn Boulevard with an enlarged foot print (112 ft. X 60 ft.) vs. the (100 ft. X 45 ft.). This location respects the sight lines and the general visibility of the larger commercial building on Lot 3. Additionally, the plan proposes to remove two of the three curb cuts on the internal access drive which adjoins the SA site. The additional 12 ft. width and 15 ft. in depth allows the developer the potential to offer five tenant bays and continues to provide a drive up window for a potential restaurant (illustrated as an 1 800 sq. ft. tenant space on the north side of the building Additionally, the plan proposes to remove two of the three curb cuts on the internal access drive, changed the number of potential store fronts from four to five and revised the roof lines to match 4-29-10 Page 2 the commercial building on Lot 3. The architectural treatment of the building includes a decorative rockface concrete block along the base (lower 3 ft.) of the building, a pre-cast concrete sill with face brick extending to a height of 12 ft. The remaining 6 ft. is EIFS with a colored band to offset the brick. The end cap units have a roof line which extends an additional 32 inches with a decorative EIFS cornice and a prefinished aluminum cap. An additional architectural feature identified on the building elevations are piers with decorative/accenting lights that complement the elevated roof lines and window placements on the front and sides of the building. The applicant proposes the same architectural treatment on all four sides of the building. COMPLIANCE. WITH -ORDINANCE Building Setbacks Ordinance Proposed Front Yard 35 ft. 35 ft. East loft. 14 ft. South 10 ft. 65ft. West 10 ft. 75 ft. Parking Setback Ordinance Proposed ___ North 15 ft.*15 ft. 2.7 ft./7 ft. to curbEast10 ft. 10 ft. *5 ft. to curbSouthloft. *5 ft. to curbWest *PUD adjusted Parking Stalls 5.5 per 1,000 sq. ft. 37 stalls 46 UTILITIESThe proposed grading and utility plan is consistent with the approved utility plan, with the exception of minor adjustments to the location of two catch basins within the parking lot. Sanitary sewer and municipal water are provided from the existing stubs that were installed with the initial site development. (Centered portion of the east lot line.) LANDSCAPE PLANThe landscape plan provides for the planting of three Red Splendor decorative trees along the southern boulevard consistent with the approved landscape plan. The plan shows the live existing Spruce trees to remain within the 701h boulevard area (previously shown to include two 4-29-10 Page 3 Autumn Blaze Ash trees) and now includes foundation plantings on the sides and rear facing of the buildings, the SW corner of the lot and northern entry. The western boulevard to the internal access road is shown as a green strip. All areas are shown to be included in a site irrigation system. The developer has proposed to donate the two Autumn Blaze Ash trees to the City. ACCESS The site plan proposes the elimination of the two curb cuts that were shown on the southern portion of the lot and the enlargement of the northern most curb out (previously an exit only for the drive up window) to a full movement access point. Preliminary reviewed by the City Engineer of the site plan has included concern on the location of this driveway and its proximity to 70th Avenue. It is recommended that the access drive is shifted to the south by approximately 30 ft. (i.e. the opening to displace the northern four parking stalls and relocation of a light pole). Additionally, there is concern on the turning radius of the drive thru lane as it rounds the NE corner of the building. The applicant is requested to demonstrate that this movement is workable with traffic/vehicular turning templates. LIGHTING/TRASH The site plan illustrates the location of four 30 ft. light poles and the building elevation identifies the use of decorative light fixtures to ascent the building front and sides. The plan identifies the location of the trash enclosure adjoining the southeast wall of the building. The applicant will be required to submit details on the lighting and the trash enclosure to assure compliance with the PUD plans and city codes. SIGNAGE The PUD approval included two freestanding development signs to be incorporated in the corner landscape areas at 69th and 70 Avenues and Brooklyn Boulevard and a freestanding monument type identification sign for Culver's and Super America to be located on their respective sides of the Brooklyn Boulevard entrance. The monument signs shall not exceed 12 ft. in height and 145 sq. ft. in area. No other freestanding identification signs shall be permitted with the PUD. There is a development sign within the landscape node at 69t1i Avenue which identifies Brooklyn Market. It does not appear that a sign has been installed at the 70 Avenue node. The proposed wall mounted signage areas identified on the building elevation provides for approximately 10 percent of the wall area per tenant area for business identification. The sign ordinance limits wall mounted signs not to exceed 15percent of the wall area on each of its exterior walls. 4-29-10 Page 4 The applicant has been informed that the freestanding sign identified in the southwest corner of the site is not allowed. With respect to site signage, staff will be discussing signage issues associated with temporary and portable signage that has previously been allowed by an Administrative Use Permit. This review will provide an opportunity to review the potential options to address business signage and identification of promotional activities and events. RECOMMENDATION This proposal is an amendment to the Planned Unit Development approval granted for the entire Westbrook Development site (Boulevard Market). As a Planned Unit Development amendment, the proposal is required to follow the procedures required for the original Planned Unit Development, This requires a public hearing, which has been scheduled. Notices of the Planning Commission's consideration have been sent and a notice has also been published in the Brooklyn Sun/Post. The plan is consistent with the architectural themes, landscaping, and parking standards approved with the Westbrook Planned Unit Development proposal and developed as the Boulevard Market. A draft Planning Commission resolution is offered for the Commission's consideration. This resolution outlines the Commission's consideration of this matter and also recommended considerations and conditions for approval. 4-29-10 Page 5 Lot , 1k 2 0 69729IN A . I 167 17 1 cli i\ 1 I -.. IJ( )1 r!u1 1 -- - - P( Ain.4i2 3'R __2Q 3R - U VAN ACCESSIBLEYIA^NDICAP ^SIGN I ____ I 1 i ____ ____ L\P, L PEDESTRIAN CURB RAMP C 03 CY)A\' I . ., .._4.. 24_ 118•18' _j_. i 1-4II •5I\ C 2.7' UCON LIMITS . . NIk l4 1 4CORETE-. 1--SIDEWALK r__ 1d2.R - '2.5'R - 5R'7 BITUMINOUS TRASH ENCLOSURE - --PAVEMENT . I Ii iIIl / 5R 1 MONUMENT SIGN 169.48 . I I //t / /. ., ............................ - I (k 4 7f 1 . .Ifl. I - - C3SITE_DAT.: SITE AREA 38,707S.F., 0.89 ACRES BUILDING AREA:4 6,757 S.F. TOTAL NUMBER OF. PARKING . .STALLS PROVIDED: 46 TOTAL NUMBER OF PARKINGSTALLS REQUIRED: 37 .. 5.5 PER 1000 SO. FT. 6SF NIJM[1'R Or HANDICAPSTAiI S PROVIDED: 2 NUMBER OF HANDICAP C 4-'Ca)E00a) a)-c4-' 04-' Ca)E Ca)E a)I,,0a-0 0'-40 — ,or -. •-ND ISEICI 47JdJ NY1d 3JIS papa pa31M3 TOOI HLO4P flH3AY HLOL OYAIW)O, NO.Pi3 17A IN3NdOl3A3(l 11YAN N31N30 NA1)4008fl LL ) MA aDLii N) F-" • .-.-IIIIIIII h;rit 1 I ii cc fi ll 1;C 0 Ca)E 0 ci) ci) 0 a) 0 CL r%JCCIN L 0L1 C E U 4-4— . h rjr \ I Ile : I I I / _I_I I _1i iii M'_' iii rl I__IL,,' --.I!': • I ti L 1ti II ii I.Iii iii uli Ii.II nfl I K 3V ri • - , / Zr,, ,/"' 1 • L ' // , // I ' /• , // FT1 1 12 g wig 'I, 1, i—•• IEUl F/ a) 'F) 'I) Cro 4-'Ca)ECL0 a) a) -,a)(I,>a) r..J00 U U U Ii NY14 JUYNUI L- • :;Ir o'i n, —d — P — V'V'DN3WYJ3dflS U ACM poed NamIIfUI. c: a )•; . It) :11.1 t 'I. F. 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L tii sNo1vA313 e01?331X NDISU )1H] NA100vos3NNIr'HH^v ,)v HOLOA31flOHA1XOOO I .1.1.TVAd 831N30 NA100 It Lu m p > ti t - r 4 -jj - \\ i-' U \ \ !1I4I 4-k- JL I•1 N!ii • IU :[ —+ ifth._ '' 'f I , iinmwI t1rIllrffl1 HII I lIItil1 — 1øl I c ir - I iP1T1 I (i ___ILI- 1:It11 E? -F 6 ilL flNi j- k ii I I j1 II1 L ;III,8 I II1iI !L fl:I1111 iti!III I I I .ii r JHTh1Th1I9III I I Irr11IIIIIII /.- V1c /2;.i DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this day of , 2002, by Johnco LLC, a Minnesota limited liability company (hereinafter the "Declarant'); WHEREAS, Declarant is the owner of the real property described as Lots 1, 2, 3 and 4, Block 1, Johnco Addition, Hennepin County, Minnesota (hereinafter the "Subject Property"); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Brooklyn Center, Minnesota ("City") in connection with the rezoningpf the Subject Property from the zoning classifications C-2 (Commerce) and R-1 (One Family Residential) to PUD/C-2 as provided in City Resolution No. 2002-75 adopted on June 10, 2002; and WHEREAS, in connection with the redevelopment of the Subject Property, Declarant has applied to the City for rezoning for a Planned Unit Development (PUD) to allow construction and maintenance of a 34,228 square foot, four building, mixed use commercial/retail development on the Subject Property; and WHEREAS, the City has approved such PUD rezoning on the basis of the determination of the City Council of the City that such amendment is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land CLL-217587v2 BR29I-228 use characteristics of such proposed use, the PUD rezoning would not have been approved; and WHEREAS, as a condition of approval of the PUD rezoning, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration"); and WHEREAS, to secure the benefits and advantages of such PUD rezoning, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to all of the following: • All conditions of approval specified by the City Council in Resolution No. 2002-75 adopted on June 10, 2002, attached as Attachment One; • Final plat, attached as Attachment Two; • Title Sheet, attached as Attachment Three; • Site Plan, attached as Attachment Four; Grading, Drainage and Erosion Control Plan, attached as Attachment Five; Utility Plan, attached as Attachment Six; Landscape Plan, attached as Attachment Seven; • Planting Notes and Details, attached as Attachment Eight; • Corner Enlargements and Details, attached as Attachment Nine; Culver's Exterior Elevations, attached as Attachment Ten; • East Building Exterior Elevations, attached as Attachment Eleven; CLL-217587v2 2BR291-228 North Building Exterior Elevation, attached as Attachment Twelve; Lighting Plan, attached as Attachment Thirteen 2.No buildings or structures other than those shown on Attachments One through Thirteen may be erected or maintained on the Subject Property. 3.Lot 1, Block 1, Johnco Addition may be used for a convenience store/gasoline station/car wash. Use and development of this lot will require site plan approval and an amendment to the planned unit development for the Subject Property. No buildings or structures other than those shown on the amended planned unit development plan and site plan on file with the City Planner of the City of Brooklyn Center may be constructed or maintained and the use and development of said lot shall conform to said plans and to the terms of this Declaration. 4. The approval of the PUD authorizes the following variations from the requirements of Brooklyn Center City Code applicable to the Subject Property: A.An encroachment of between 5.5 feet and 24 feet into the 35 foot buffer area as shown on Attachment Four is authorized. B.A green strip of less than 15 feet along Brooklyn Boulevard and 70th Avenue North right of way as shown on Attachment Four is authorized. 5. Except as otherwise permitted herein, the use of the Subject Property shall conform to the zoning regulations of the City of Brooklyn Center applicable to C-2 Districts. 6. Parking requirements for all uses on all lots on the Subject Property are met by taking into account all parking spaces on all of the lots on the Subject Property in common. Owners of all lots on the Subject Property will maintain such easements and covenants for access and CLL-217587v2 3BR291-228 parking as are needed to assure that all parking shown on all approved site plans of lots on the Subject Property may be used in common. No change in use of any of the lots on the Subject Property will be permitted that causes a deficiency in parking spaces required by Brooklyn Center City Code, taking into account parking spaces for all uses and all parking spaces on all lots on the Subject Property. 7.The Subject Property may be developed and used only in accordance with paragraphs 1 through 7 of this Declaration unless the owner first secures approval by the Brooklyn Center City Council of an amendment to the Planned Unit Development Plan for the Subject Property and to this Declaration or a rezoning to a zoning classification that permits such other development and use. 8.The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. CLL-217587v2 4BR29-228 - -I TARA L LANDRY Wrirmmota ^an1/1 I atNotary Public STATE OF 1') /) (6-i'—TL_--- ) ss ^airws Jon 31,2000 COUNTY OF The foregoing instrument was executed this [3 day of 741' a 2000, by l -) iJe_Lc i- , a chief manager of Jolmco LLC, a Minnesota limitc liability company,J0 A on behalf of the limited liability company. 3NJ^Public CLL-217587v2 BR291-228 APPROVED BY THE CITY OF BROOKLYN CENTER By By STATE OF MINNESOTA ))SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of 2002, by Myrna Kragness and Michael McCauley, the Mayor and Manager, respective1y,f the City of Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the City. I SHARON L. KNUTSON NOTARY PUBLIC. MINNESOTA - My C.mmIn Expires Jan. 31,2005 * CLL-27587v2 BR29I-228 on Is" ^ -4L;)^ Notary Public Member Kay Lasnian introduced the following resolution and moved its adoption:Attachment One RESOLUTION NO. 2002-75 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002-006 SUBMIUED BY WESTBROOK DEVELOPMENT, INC. WHEREAS, Planning Commission Application No. 2002-006 submitted by Westbrook Development, Inc. proposes rezoning from C-2 (Commerce) and R-1 (One Family Residence) to PUD/C-2 of a 5.6 acre site located to the northeast quadrant of 69 ' Avenue North and Brooklyn Boulevard; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and development plan approval for a 34,228 sq. ft., four building mixed use commercial/retail development on the above mentioned site. Said development proposal includes a 3,960 sq. ft. Super America convenience store/gas station/car wash on the proposed Lot 1; a 4,230 sq. ft. restaurant, retail or office building on the proposed Lot 2; a 21,500 sq. ft. multi-tenant commercial building on the proposed Lot 3; and a 4,538 sq. ft. Culver's Restaurant on the proposed Lot 4; and. WHEREAS, the Planning Commission held a duly called public hearing on May 30, 2002, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission recommended approval of ApplicatiouNo. 2002-006 by adopting Planning Commission Resolution No. 2002-02 on May 30, 2002; and WHEREAS, THE City Council considered Application No. 2002-006 at its June 10, 2002 meeting; and WHEREAS, the City Council has considered this Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2002-006 submitted by Westbrook Development, Inc. be approved in light of the following considerations: 1.The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2.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. Attachment One RESOLUTION NO. 2002-75 3.The utilization of the property as proposed under this Planned Unit Development rezoning is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. greenstrip along the Brooklyn Boulevard and 70 " Avenue North rights of way in the lOcation of a proposed convenience store/gas station/car wash; and to allow parking and a portion of a drive lane to encroach in a 35 ft. buffer, area located along the east side of the site. These modifications from the C-2 standards are justified on the basis of the development being an appropriate redevelopment of this area and that they are offset or mitigated by various factors contained in the approved site plan. 4.The Planned Unit Development proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the City. 5.The Planned Unit Development proposal appears to be a good long range use of the existing land and this redevelopment can be considered an asset to the community. 6.In light of the above considerations, it is believed that the guidelines for evaluating re-zonings as contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2002-006 be approved subject to the following conditions and considerations: 1.The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2.Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3.A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all site improvements, 4.B-612 curb and gutter shall be provided around all driving and parking areas. 5.Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 6.All buildings shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances, RESOLUTION NO. 2002-75 Attachment One 7.An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8.Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances with the exception of freestanding signs authorized by Condition No. 18. 9.The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10.The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the Issuance of permits. 11. The plans shall be modified to provide: a.Concrete parking delineators at the end of parking rows north of the 21,500 sq. ft. multi-tenant building and south of the 4,230 sq. ft. restaurant/retail building. b.A continuation of the decorative iron fence with masonry piers in the Brooklyn Boulevard greenstrip adjacent to the Culver's Restaurant. c. A lighting plan consistent with the requirements of Section 35-712 of the Zoning Ordinance. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 13.The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 14.Trash pick up and truck deliveries on the east side of the multi-tenant building located adjacent to the residential properties to the east shall be confined to the hours of 8:00 a.m. through 5:00 p.m. 15.No building permit will be issued for construction of any of the proposed buildings until the plat comprehended under Planning Commission Application No. 2002-007 has been given final approval by the City Council and filed with Hennepin County. 16.The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the C-2 underlying zoning district as well as all other conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 17. Approval of the PUD comprehends only conceptual approval of the Super America gas stationiconvenjence store/car wash. Plans shall be submitted for Planning Commission and City Council review and approval. The RESOLUTION NO. 2002-75 Attachment Ofle layout shall be such that the car wash is not located adjacent to Brooklyn Boulevard. 18.PUD approval authorizes two freestanding development signs to be incorporated in the corner landscape nodes at 69th and 70th Avenues and Brooklyn Boulevard and a freestanding monument type identification sign for Culver's and SuperArnerica to be located on their respective sides of the Brooklyn Boulevard entrance. The monument signs shall not exceed 12 ft. in height and 145 sq. ft. in area. No other freestanding identification signs shall be permitted with the PUD. 19.The applicant shall provide on site traffic control signs as deemed appropriate by the City Engineer. June 10, 2002 Date ATTEST: Jkwzcxl^t^^ City Clerk The motion for the adoption o? the foregoing resolution was duly seconded by member Ed Nelson and upon vote being taken thereon, the following voted in favor thereof; Myrna Kragness, Kay Lasrnan, Ed Nelson,,Bob Peppe, and Tim Ricker;and the following voted against the same: ione whereupon said resolution was declared duly passed and adopted. ///III 1 g I,I P1 11I L' .: ,/' \ ,/ &s / •\\ ,/ /')- N , r$\ C) j !I I / •1 (I * I IIr I'I I -4ts WRT eli1 -+-4 (5) 3 :3-4 0 I I m TJ :3 . -tJ -f ww 0000 z 00mmzz —1 --Imm 2:1z >m-C')00-I> r0-u m , (—I:3- -3 y_ d • I1 ------ I II 1 I diU ckL: !' mr,-.' 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C c C 4- -j LL-J Nr NN (14h ('4h.J CD C)C)0 a)C)0 C)CD 0 00o(0 0(0 0(0 U)C)()C))C') U)2 U)2 U)2 U)2 U)=0 0 CD0) It0(0ILC)0 0 N0 0)0) Cl(N0)0) Z 2 2_J o -Jo -J -'o w w!!L ! .Z ZE O (a -JQ<-jQ<D -J0<&r)<-J tIm tI -a-I c'j ^LL LL LLLL ^IL Ow Dwo 1 c/)i-.r<<z (/)<<cx O) c i-< Wo:i o O OZE W2 w U) -j 0QJ O.J 0Q.J a) E rr W 0)275 0C)'t CDID 00 0U)CNjoooo- a w 0 'N- 0cow (U <fl 0 00 Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2010-04 RESOLUTION REGARDING THE RECOMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2010-007 SUBMITTED BY VANGUARD CONSTRUCTION FOR THE DEVELOPMENT OF LOT 2, BLOCK 1, JOHNCO ADDITION. WHEREAS, City Council Resolution No. 2002-75 adopted on June 10 2002, approved a rezoning from C-2 (Commerce) and R-1 (One Family Residence) to PUD/C-2 of a 5.6 acre site located at the northeast quadrant of 69th Avenue North and Brooklyn Boulevard; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for a 34,228 sq. ft., four building mixed use commercial/retail development including conceptual approval of a Super America gas station/convenience Store/car wash on the above mentioned site. Said development approval required additional plans be submitted for Planning Commission and City Council review and approval of the Super America development; and WHEREAS, City Council Resolution No. 2002-111, adopted on August 26, 2002, accepted the Planning Commission's recommendation on a PUD amendment to allow construction of a revised layout providing for a 3,958 sq. ft. Super America convenience store/gas station/car wash on Lot 1, Block 1, Johnco Addition; and WHEREAS, Vanguard Construction has made application for site and building plan approval for the development of Lot 2, Block I, Johnco Addition providing for a five hay multi—tenant commercial building having a floor area of 6,757; and WHEREAS, the proposed development increases the total commercial sq. it. of this PUD by 7.4 percent which requires the processing of a major plan amendment to the approved PUD; and WHEREAS, the Planning Commission held a duly called public hearing on April 29, 2010, when it staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35-208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35-355 of the City's Zoning Ordinance and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2010-007 submitted by Vanguard Construction for the development of Lot 2, Block 1, Johnco Addition, he approved in light of the following considerations: 1.The Planned Unit Development amendment, providing for the re-orientation and enlargement of the building from 4,230 sq. ft. to 6,757 sq. ft. is generally consistent with the multi-tenant commercial/retail planned use for this lot, is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2.The Planned Unit Development amendment will allow for the utilization of" 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. 3.The utilization of the property as proposed under the Planned Unit Development amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 10 ft. green/parking stril) from interior property lines. This modification from the C-2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is offset or mitigated by factors contained in the approved site plans and City Council Resolution No. 2002-75. 4.The Planned Unit Development amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5.The amendment is complimentary to the existing commercial buildings, will cause the completion of this redevelopment project, and result in a finished project that is corner stone within the Brooklyn Boulevard Corridor and an asset to the community at large. 6.In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. Be it further resolved by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2010-007 be approved subject to the following conditions and considerations: I. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. ATTEST: 3.A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall he submitted prior to the issuance of permits to assure completion of all site improvements. 4.B-612 curb and Gutter shall be provided around all parking and drivingb areas. 5.Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 6.The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall he connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7.Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8.Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9.An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance guarantee. 10.The plans shall he modified as recommended by the City Engineer to relocate the northern driveway and include vehicular turning movements to assure the proper functioning of the drive thru lane. 11. The applicant shall enter into a PUD agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of permits and further assure compliance with the development plans submitted with this application. Date Chair Secretary The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City of Brooklyn Center Section 35-208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77-167, the City Council has established a rezoning evaluation policy and review guidelines. 2.Policy It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning p'roposals will not constitute "spot zoning", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3.Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A.Is there a clear and public need or benefit? B.Is the proposed zoning 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? D.Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E.In the case of City-initiated rezoning proposals, is there a broad public purpose evident? F.Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G.Is the subject property generally unsuited for uses prmittedin the present zoning district, with respect to size, configuration, topography or location? 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? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35-208 Revised 3-01 C. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: I. Off-street parking. 2.Public recreational buildings and parks, playgrounds and athletic fields. 3.Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35-355. PLANNED UNIT DEVELOPMENT. Subdivision 1, Purpose. The purpose of the Planned Unit Development (POD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2, Classification of PUD Districts; Permitted Uses; Applicable Regulations. a.Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the POD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD- MI b.Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2.Regulations are modified by implicatidii only to the extent necessary to comply with the development plan of the PUD. 3.In the case of districts rezoned to PUD-MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. c For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PhD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD-MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3 Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights-of-way, unless the City finds that at least one of the following conditions exists: 1.There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2.The property is directly adjacent to or across a public right-of-way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The propeity is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35-400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire .PUD does not exceed the permitted standards. C. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35-414 and Section 35-700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35-704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. 3 5-46 Subdivision 4. General Standards. a.The City may allow more than one principal building to be constructed on each platted lot within a PUD. b.A PUT) which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. A PUT) may only contain uses consistent with the City's Comprehensive Plan. d.All property to be included within a PUT) shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e.The uniqueness of each PUD requires that specifications and standards for streets, utilities, public facilities and the approval of land subdivision may be subject to modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City. Subdivision 5, Application and Review. a. Implementation of a PUD shall be controlled by the developmert klan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1.Street and utility locations and sizes; 2.A drainage plan, including location and size of pipes and water storage areas; 3.A grading plan; 4.A landscape plan; 5.A lighting plan; 6.A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 35-47 8.A site plan showing the location of all structures and parking areas; 9.Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b.The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 3 5-2 10 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35-210 of this ordinance. c.Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35-210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35-208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: Compatibility of the plan with the standards, purposes and intent of this section; 2.Consistency of the plan with the goals and policies of the Comprehensive Plan; 3.The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its, approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35-2' 0 of this ordinance. In addition to the information specifically required by Section 3 5-230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. The plan submitted for approval pursuant to Section 35-230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; . the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e.Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory.to the City. f.Applicants may combine development plan approval with the plan approval required by Section 35-23 0 by submitting all information required for both simultaneously. g.After approval of the development plan and the plan approval required by Section 35-230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. h.If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. 3 5-49 ,/ •-Q "/i DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this day of , 2002, by Johnco LLC, a Minnesota limited liability company (hereinafter the "Declarant"); WHEREAS, Declarant is the owner of the real property described as Lots 1, 2, 3 and 4, Block 1, Johnco Addition, Hennepin County, Minnesota (hereinafter the "Subject Property"); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Brooklyn Center, Minnesota ("City") in connection with the rezoningof the Subject Property from the zoning classifications C-2 (Commerce) and R- 1 (One Family Residential) to PUD/C-2 as provided in City Resolution No. 2002-75 adopted on June 10, 2002; and WHEREAS, in connection with the redevelopment of the Subject Property, Declarant has applied to the City for rezoning for a Planned Unit Development (PUD) to allow construction and maintenance of a 34,228 square foot, four building, mixed use commercial/retail development on the Subject Property; and WHEREAS, the City has approved such PUD rezoning on the basis of the determination of the City Council of the City that such amendment is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land CLL-217587v2 BR29I-22 use characteristics of such proposed use, the PUD rezoning would not have been approved; and WHEREAS, as a condition of approval of the PUD rezoning, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration"); and WHEREAS, to secure the benefits and advantages of such PUD rezoning, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 1. The use and development of the Subject Property shall conform to all of the following: • All conditions of approval specified by the City Council in Resolution No. 2002-75 adopted on June 10, 2002, attached as Attachment One; Final plat, attached as Attachment Two; Title Sheet, attached as Attachment Three; Site Plan, attached as Attachment Four; Grading, Drainage and Erosion Control Plan, attached as Attachment Five; • Utility Plan, attached as Attachment Six; • Landscape Plan, attached as Attachment Seven; Planting Notes and Details, attached as Attachment Eight; • Corner Enlargements and Details, attached as Attachment Nine; Culver's Exterior Elevations, attached as Attachment Ten; o East Building Exterior Elevations, attached as Attachment Eleven; CLL-217587v2 2BR291-228 North Building Exterior Elevation, attached as Attachment Twelve; Lighting Plan, attached as Attachment Thirteen 2.No buildings or structures other than those shown on Attachments One through Thirteen may be erected or maintained on the Subject Property. 3.Lot 1, Block 1, Johnco Addition may be used for a convenience store/gasoline station/car wash- Use and development of this lot will require site plan approval and an amendment to the planned unit development for the Subject Property. No buildings or structures other than those shown on the amended planned unit development plan and site plan on file with the City Planner of the City of Brooklyn Center may be constructed or maintained and the use and development of said lot shall conform to said plans and to the terms of this Declaration. 4. The approval of the PUT) authorizes the following variations from the requirements of Brooklyn Center City Code applicable to the Subject Property: A.An encroachment of between 5.5 feet and 24 feet into the 35 foot buffer area as shown on Attachment Four is authorized. B.A green strip of less than 15 feet along Brooklyn Boulevard and 70th Avenue North right of way as shown on Attachment Four is authorized. 5. Except as otherwise permitted herein, the use of the Subject Property shall conform to the zoning regulations of the City of Brooklyn Center applicable to C-2 Districts. 6. Parking requirements for all uses on all lots on the Subject Property are met by taking into account all parking spaces on all of the lots on the Subject Property in common. Owners of all lots on the Subject Property will maintain such easements and covenants for access and CLL-217587v2 3BR291-228 parking as are needed to assure that all parking shown on all approved site plans of lots on the Subject Property may be used in common. No change in use of any of the lots on the Subject Property will be permitted that causes a deficiency in parking spaces required by Brooklyn Center City Code, taking into account parking spaces for all uses and all parking spaces on all lots on the Subject Property. 7.The Subject Property may be developed and used only in accordance with paragraphs 1 through 7 of this Declaration unless the owner first secures approval by the Brooklyn Center City Council of an amendment to the Planned Unit Development Plan for the Subject Property and to this Declaration or a rezoning to a zoning classification that permits such other development and use. 8.The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. CLL-217587v2 4BR29t-228 1) )MatiiyPublic STATE OF pM1nroti p )ss S COMM ^2 lr%4 Jon 31 1 2004 COY OF tO_'i 4Ji The foregoing instrument was executed this /J? day of a 2000, by c_J(J_Au_,LJ1 ISP— i , a chief manager of Johnco LLC, a Minnesota limite4liability company, on behalf of the limited liability company. Public CLL-217587v2 BR291-228 APPROVED BY THE CITY OF BROOKLYN CENTER By By STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of AuA , 2002, by Myrna Kragness and Michael McCauley, the Mayor and Manager, respectively,f the City of Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the City. SHARONLKNUTSON NOTARY PUBLIC -MINNESOTA '^' A A, ^ -4 '—, -r^ Notary Public CLL-217587v2 6BR291-228 Performance Agreement City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 FILE NO. 2010-007 This Agreement is entered into by , a hereinafter called the Developer and the City of Brooklyn Center, a municipal corporation, under the laws of the State of Minnesota, hereafter called the City. THE WORK- The Developer has received approval of its Development Plans by the City Council of the City (pursuant to City Ordinances), on May 10, 2010, subject to the execution of this Performance Agreement, and on the condition that all work be completed in accordance with said Development Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Development Plans, in accordance with conditions of the aforesaid approval, and as hereinafter set forth, upon the real estate described as follows: Lot 2, Block 1, Jolmco Addition, Hennepin County, Minnesota. The Work will consist of the improvements described in the Development Plans (to include any approved subsequent amendments) and will be in compliance with all applicable Statutes, Codes and Ordinances of the City including, but not limited to, conditions of approval listed in Resolution No.2010-80, adopted by the Brooklyn Center City Council on May 10,2010, attached hereto as Attachment One, and requirements of the City Engineer, attached hereto as Attachment Two. The cost of the improvements is estimated to be $ . Improvements include, but are not limited to work listed in Attachment Three. , COMPLETION DATE The Developer agrees that the Work will be completed in its entirety on or before and no extension of time will be valid unless the same is approved in writing by the City Manager. Said extension of time will be valid whether approved by the City Manager before or after the completion date, and failure of the City to extend the time for completion or to exercise other remedies hereunder will in no way work a forfeiture of the City's rights hereunder, nor will any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It will be the duty of the Developer to notify the City of completion of the Work at least 10 days prior to the Completion Date and to call for final inspection by employees of the City. MAINTENANCE This Performance Agreement, in its entirety, will remain in full force and effect for a 3757941 CLLBR29I-16 period of one year after aetnal completion of the Work to determine that the Work and the useful life of all Work perfonned hereunder meets the prevailing standard for the particular industry, profession, or material used in the performance of the Work. Any work not meeting such standard will not be deemed complete hereunder. Written notice of the date of Actual Completion will be given to the Developer by the Director of Business and Development of the City. FINANCIAL GUARANTEE The Developer agrees to furnish the City with a Financial Guarantee in the form of a cash escrow, a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other Financial Guarantee as approved by the City Manager of the City, in the amount of $. Such Financial Guarantee will continue in full force and effect until the City Council approves and accepts all of the Work undertaken to be done, and releases the Surety and/or Developer from any further liability; provided however, that the City Council may reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by the City Manager. Such Financial Guarantee will be conditioned upon the full and faithful performance of all elements of this Agreement and upon compliance with all applicable Statutes, Codes, and Ordinances of the City, and will further be subject to the following provisions, which will be deemed to be incorporated in such Financial Guarantee and made a part thereof. A letter of credit given as a financial guarantee may be drawn upon for the full amount of the letter immediately upon notice by the issuing bank that the letter of credit will not be renewed or within 60 days prior to termination of the letter of credit. REMEDIES FOR BREACH At any time after the Completion date and any extensions thereof, or during the one- year Maintenance Period, if any of the work is deemed incomplete, the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith, including but not limited to engineering, legal, planning and litigation expenses, but the enumeration of the remedies hereunder will be in addition to any other remedies available to the City. 1)Completion by the City. The City, after notice, may proceed to have the Work, or any part of the Work deemed necessary or appropriate by the City Manager, done either by contract, by day labor, or by regular City forces, and neither the Developer nor the Corporate Surety may question the manner of doing such work or the letting of any such contract for the doing of any such work. Upon completion of such Work the Surety and/or the Developer will promptly pay the city the full cost thereof. In the event that the Financial Guarantee is in the form of a Performance Bond, it will be no defense by the Surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 2)Specific Performance. The City may in writing direct the Surety or the Developer to 375794v1 CLLBR29I-16 2 cause the Work to be undertaken and completed within a specified reasonable time. If the Surety and/or the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed with an action for Specific Performance to require such work to be undertaken. 3)Deposit of Financial Guarantee. In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the Surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses, including any other costs and damages for which the Surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money will be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as herein specified, and the balance will be returned to the Surety. This money will be deposited with the City within ten (10) days of demand, the City will have the right to proceed against the Surety with whatever legal action is required to obtain the deposit of such sum. 4)Funds on Deposit. In the event that the Financial Guarantee is in the form of cash, certified check, or other arrangement making the Financial Guarantee immediately accessible to the City, the City may, after notice to the Developer, proceed to complete the Work, reimburse itself for the cost of completion as defined hereunder, and return the balance to the Developer. PROCEDURES A copy of this Performance Agreement will be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement will be made in any such bond, but no corporate surety will assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate Financial Guarantee will be submitted to the City. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this day of , 20. Signature Print Name Developer Subscribed and sworn to before me this day of , 20 375794v1 CLLBR29I-16 3 Signature of Notary County Commission Expires 375794v1 CLLBR29I-16 ATTACHMENT ONE Conditions of Approved Resolution No. 2010-80 375794v1 CLLBR29I-16 A-i ATTACHMENT TWO City Engineer Requirements 375794v1 CLLBR291-16 B-i ATTACHMENT THREE List of Improvements and Estimated Costs 375794v1 CLLBR29I-16 C-i DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this ____ day of , 2010, by a (hereinafter the "Declarant"); WHEREAS, Declarant is the owner of the real property described as Lot 2, Block 1, Jolmco Addition, Hennepin County, Minnesota (hereinafter the "Subject Property"); and WHEREAS, the Subject Property is subject to certain zoning and land use restrictions imposed by the City of Brooklyn Center, Minnesota ("City") in connection with the rezoning of the Subject Property from the zoning classifications C-2 (Commerce) and R-1 (One Family Residential) to PUD/C-2 as provided in City Resolution No. 2002-75 adopted on June 10, 2002, as amended or modified by City Resolution No. 2002-111 adopted on August 26, 2002; and WHEREAS, in accordance with the requirements of City Resolution No. 2002-75 the Subject Property and Lots 1, 3 and 4, Block 1, Johnco Addition, Hennepin County, Minnesota (which, together with the Subject Property, are hereinafter referred to as the "PUD Properties") were subjected to the terms of a Declaration of Covenants and Restrictions dated August 13, 2002, and recorded as Document No. 3845830 on September 30, 2003, with the Hennepin County Recorder (hereinafter the "Original Declaration"); and 375784v1 CLLBR291-16 1 WHEREAS, the Original Declaration provides that use and development of the Subject Property must conform to the requirements of the Original Declaration unless the owner secures approval of an amendment to the Planned Unit Development (PUD) Plan; and WHEREAS, Declarant has applied to the City for rezoning for an amendment to the PUD Plan to allow construction and maintenance on the Subject Property of a five-bay multi-tenant commercial building having a floor area of 6,757 square feet; and WHEREAS, approval of the planned unit development for the Subject Property included as a condition of approval that Declarant enter into a PUD Agreement that would acknowledge amendments to the planned unit development and be filed with the title to the Subject Property; and WHEREAS, the City has approved such PUD amendment on the basis of the determination of the City Council of the City that such amendment is acceptable only by reason of the details of the development proposed and the unique land use characteristics of the proposed use of the Subject Property; and that but for the details of the development proposed and the unique land use characteristics of such proposed use, the PUD amendment would not have been approved; and WHEREAS, as a condition of approval of the PUD amendment, the City has required the execution and filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter the "Declaration"); and WHEREAS, to secure the benefits and advantages of such PUD amendment, Declarant desires to subject the Subject Property to the terms hereof. NOW, THEREFORE, the Declarant declares that the Subject Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions, hereinafter set forth. 375784v1 CLLBR29I-16 2 1. The use and development of the Subject Property shall conform to all of the following: a.All conditions of approval specified by the City Council in Resolution No. 2010-80 adopted on May 10, 2010, attached as Attachment One; b.Site Plan, attached as Attachment Two; C. Landscape Design, attached as Attachment Three; d.Grading and Erosion Control Plan, attached as Attachment Four; e.Utility Plan, attached as Attachment Five; f.Exterior Elevations, attached as Attachment Six; g.Trash Enclosure Plan, attached as Attachment Seven. 2.The Subject Property shall be developed and maintained in accordance with Attachments One through Seven, and no buildings or structures other than those shown on Attachments One through Seven may be erected or maintained on the Subject Property. 3.Except as otherwise permitted herein, the use of the Subject Property shall conform to the zoning regulations of the City of Brooklyn Center applicable to C-2 Districts. 4.Parking requirements for all uses on all lots on the PUD Properties are met by taking into account all parking spaces on all of the lots on the PUD Properties in common. Owners of the Subject Property will maintain such easements and covenants for access and parking as are needed to assure that all parking shown on the approved site plan of the Subject Property may be used in common with the PUD Properties. No change in use of any of the lots of the PUD Properties will be permitted that causes a deficiency in parking spaces required by Brooklyn Center City Code, taking into account parking spaces for all uses and all parking spaces on all lots on the PUD Properties. 5.The Subject Property may be developed, maintained and used only in accordance with paragraphs 1 through 4 of this Declaration unless the owner first secures approval by the Brooklyn Center City Council of an amendment to the Planned Unit Development Plan for the 375784v1 CLLBR29I-16 3 Subject Property and to this Declaration or a rezoning to a zoning classification that permits such other development and use. 6.Except as modified by this Declaration, the Original Declaration shall remain in effect. 7.The obligations and restrictions of this Declaration run with the land of the Subject Property and shall be enforceable against the Declarant, its successors and assigns, by the City acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the City and the owner or owners of the lot or lots to be affected by said amendment. IN WITNESS WHEREOF, the undersigned as duly authorized agents, officers, or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. DECLARANT STATE OF COUNTY OF ) ) ss ) The foregoing instrument was executed this day of 2010, by the of on behalf of the Notary Public 375784v1 CLLBR291-16 4 APPROVED BY THE CITY OF BROOKLYN CENTER By Tim Willson, Mayor By Cornelius L. Boganey, City Manager STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2010, by Tim Willson and Cornelius L. Boganey, the Mayor and City Manager, respectively, of the City of Brooklyn Center, a public body corporate and politic under the laws of Minnesota, on behalf of the City. Notary Public 375784v1 CLLBR29I-16 cI)P P H F —1 rn $ U 4 z z -. a, in,,,in inc TIT n, Ox0 Ofl orn\rn > a,Z0Z r,;0000 :Y ITTcn tO a PIT ITTz BROOKLYN CENTER RETAIL DEVELOPMENTO.. N RETAIL STRIPBROOKLYN BOULEVARD & 70TH AVENUE NORTH ci,i priseOOKLYN CENTER, MN O .DESIGN SITE PLAN ..... h8 no : 8 8 8 88 8 88 8 C-) P1 (-/) II-I I-P1 H) Uj p n Ill !! !1I I ! iI!ftiIi ' I!tF 8 8 8 -. C 8(8 U (8 1 : h1::8:; !!8! (:! X BROOKLYN CENTER RETAIL DEVELOPMENTr4 ii 8 8? 8 RE IL STRIPCRO0KLYN OUULEVARD & 70(8 AVENUE NORTHBROOKLYN CENTER, MN 111, CIN . .J.... DESIGN LANDSCAPE PLAN U\1 Ill 30 Ailr 2oz 00z Do Ll Vc Mg o Ir I -u I t) \\ 4.6 K55 64 PH bb IilIII iii1i' hUh J .] I 'IkiuJI \oI_. V9 I 99999 9 BROOKLYN CENTER RETAIL DEVELOPMENT C)9 RETAIL STRIP0500KLYN BOULEVARD & 70TH AVENUE AORTA I repriseBROOKLY14 CENTER, MH •DESIGN 9 9 GRADING AND EROSION CONTROL PLAN Ii '' II _j rI I I;® i p1 _J!__Lhl !..vh1N. Ti Ipjj,p rn!, 7 HI 141i 11 oHSHuo EMS 1, [i t!: - h I - I : F i, :\ {2::H ... ) UPI /1\. ==',./ j d II I Tiih I i HLII11 1 hui o DROOKLYN CENTER RETAIL DEVELOPMENTHE AIL STRIPROQKL'N BOULEVARD & 70TH AVENUE NORTHROOKLYN CENTER, MIT .. .. Mil DESIGN UTILITY PLAN • • — —ruIIu! • u-Ill Ji[flU . - 1:11 - !u 11 1 •ø ( : Mal im • :: ! 0 ''' IIIIIII1i :':" :IIII:':,: • liii : :4:! - Md llIIL - 'M1 ifliilliRii L :ui 0 m rTT: — •_ - ___u_u I:: 4 ( u1ij IiUI —ulIqil !I!SII Q0 ::I IIi1 - ::::i!1II 11i!11I ' rv ui.IIIkIIIIrrijI. ti !'!1 __ !IJ - I uIIIII - ItID e - • - ........,m• • !!hIIIIiFl1!U. • — -.jt r: :: • U: 0Milli 1-1 ru i r I'1!:: k: •I •A !I!;I"iIk "ou. iK0 •. IlIlIllIllIllIll 11111 !!Il! IIIIL 0 - .1.1. iii:iiii o Lom IT Y1,11111 1 11 1 11 • : !r!i! IIIlIiIIHIIII illIF' II ::I::!II H . 1 NE FREESTANDING BUILDINGBROOKLYN CENTER RETAIL I U BROOKLYN BOULEVARD & 70TH 00000K NORTH -BROOKLYN CENTER. MINNESOTA ot DESIGNQ V N EXTERIOR ELEVATIONS Ro II I I Man -® ()• .R•S In BROOKLYN NEW FREESTANDING BUILDING 'o -BOULEVARD 70TH AVENUE NORTHBROOKLYN CENTER, RINNESOTA 'eI0DESIGN_________________N. ONANTQC6FLOOR PLAN & DETAILS a.,. I J:®I (F;1 Til II h I I 4iffi IrEIIft 4 ( -------I HI FM -i 0 Per"M z ¶1 1 All 1P jPq 1W_ a, R S S SS S S I ll /fS.2!5 5EII ( S N i; 91(p f rBROOKLYN of TER City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 763-569-3300 COST ESTIMATE FOR PERFORMANCE AGREEMENT For the purpose of establishing a bond amount to guarantee site improvements approved under Planning Commission No. _2010-007_, please complete the following checklist of improvements as they pertain to the project in question. Unless otherwise requested, the improvements listed are those to be made on the site not on public right-of-way. Type of Improvement Quantity Unit Cost Grading 1 $17,500. Landscaping (Trees & Shrubs)1 $9,699.00 Sodding 1 $1,854.00 Seeding N/A Underground Irrigation 1 $3,697.23 Curb & Gutter (B612)1 $9,800.00 Storm Sewer & Catch Basins 1 $17,000.00 Sidewalks 1 $3,125.00 Handicapped Ramps 1 $150.00 Fencig N/A Rooftop Screening N/A Trash Enclosure 1 $6,641.00 Erosion Control $1,500.00 Other as Specified N/A Total $70966.23 The cost estimate provided is subject to verification by the City Manager prior to determination of a bond. Bond amounts as a percentage of a verified cost estimate will vary depending on the size and nature of the project. City of Brooklyn Center - Business and Development - 6301 Shingle Creek Pkwy - Brooklyn Center MN 55430 763-569-3300 Cost Estimate for Performance Agreement 12-09 Page 1 f npr'* DF S I GN 12400 Portland Avenue South Suite 100, Portland Corporate Center -,Burnsville, MN 55337 6-24-10 Gary Eitel City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Site Plan Review - Boulevard Market, 6940 Brooklyn Boulevard Dear Gary Eitel: I am writing in response to the city of Brooklyn Center's Memorandum dated April 29, 2010 in reference to the project above. This is to clarify in an intermediate step the intent pursuant to answering your questions and completing the requirements as stated in the memorandum. The following items are numbered in response to the memo entries of the same number: 1 A development agreement shall be provided including conditions of approval and in register with the final site plan. 2 All appropriate plans prepared by a licensed engineer shall be appropriately certified. 3 City Engineer to review plans per applicable city review standards 4 Photometric plan submitted. (please see attached.) 5 So Noted. Approvals under this review and approval are exclusive of city permanent traffic signage requirements 6 The city's standard details shall be implemented and included in plans. Coordination by Pinnacle/MFRA 7 So Noted. As built survey showing utility service lines and structures for release of performance guarantee. 8 After discussion with city staff and review of current perimeter conditions no opportunities for connection were found to be advantageous or appropriate 9 Certified survey submitted. (please see attached) 10 After meeting with city staff the turning movement conditions were reviewed. Tenant has agreed to move presentation booth window toward the front of the store as much as possible to allow greater adjustment after the turn movement prior to the arrival at the presentation window. 11 Site access drive realigned as requested. (please see attached) 12 B612 curb and gutter is proposed. (please see attached) 13 So Noted. General contractor to provide traffic control per MMUTCD standards 14 So Noted. City to please identify suitable verification method. 1 5 We understand the city requires we meet current watershed standards for storm water and infiltration. We understand we do not need approval from those agencies. 16 So noted. The property owner to enter into easement agreements prior to issuance of permits 17 We currently understand that we do not need to procure an NPDES permit from the MPCA as this item states. We do need to meet those standards as a requirement of the city. 18 See clarification under item 17. 19 So noted. Underground irrigation system to be installed. Again, we are seeking an intermediate clarity around items that are currently complete that have not yet been shared in an effort to direct the remainder of the task of completing the memo requirements forthwith. Thank you for your time. Respectfully Submitted, A - - i'^ -, — Brian Johnson, AIA Reprise Design, Inc. Cc Cliff Reithel, Vanguard Construction, Inc. Jared Jones, MFRA, Inc. Mark Kronbeck, Pinnacle Land Design, Inc 8 OR 2 8A 6 H U pI Brooklyn Center Retail Site Lighting Study \ \ I \ I\\ I Lot \ IL U F.. F I N I jJ 4o Ft tO 1,01 F" 0 F' F' F F FF F F 0l'F'x 00E1 F FF FF F zi F F F F -:H H 1F'pr6 U H H F F F F FF F FF F 4i ! En a, if•i , I .I II I I I.iI I'ciI•uii•ii•ui I __ Cl)a"rn IT1 : I-'rnzl- :i z S -1 -105= 5C nw 5>-'s -'"rn 0 cOxonom 1,1 W w T BROOKLYN CENTER RETAIL DEVELOPMENT N REIAII. STRIPBROOKLYN BOULEVARD & 7000 AVENUE NORTH - -N BROOKLY CENTER, MN DESIGNSITE PLAN