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HomeMy WebLinkAbout20200831160911558COUNCIL ITEM MEMORANDUM DATE: May 5, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development A2- SUBJECT: Planning Commission Application No. 2010-007 (6940. Brooklyn Boulevard - Planned Unit Development Amendment and Site & Building Plan) Recommendation: It is recommended that the City Council, following consideration of this matter, approve the Resolution Regarding the Disposition of Planning Commission Application No. 2010-007 Submitted by Vanguard Construction (6940 Brooklyn Boulevard - Planned Unit Development Amendment and Site & Building Plan). Background: On the May 10, 2010 City Council Agenda is Planning Commission Application No. 2010-007 submitted by Vanguard Construction, LLC requesting a Planned Unit Development Amendment and Site and Building Plan approval for construction of a 6,757 sq. ft. multi-tenant office building. This matter was considered by the Planning Commission at their April 29, 2010 meeting and was recommended for approval. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2010-007, an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents included in this review. Budget Issues: There are no budget issues to consider. Council Goals: Strategic: 1. Will aggressively proceed with implementation of the City's Redevelopment Plans iviissw,,: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE 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 aPUD 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 1, Johnco Addition providing for a five bay multi—tenant commercial building having a floor area of 6,757; and WHEREAS, the proposed development increases the total commercial sq. ft. 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 a 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. WHEREAS, the Planning Commission recommended approval of Application No. 2010-007 by adopting Planning Commission Resolution No. 2010-004 on April 29, 2010; and WHEREAS, the City Council considered Application No. 2010-007 at its May 10, 20 10 meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 2010-007 submitted by Vanguard Construction in light of the following: 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 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. 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 strip 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 off set 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 City Council of the City of Brooklyn Center that Application No. 2010-007 be approved subject to the following conditions and considerations: 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 completion of all site improvements. 4.B-612 curb and gutter shall be provided around all parking and driving 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 be 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 be 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. 12.Approval is subject to conditions and recommendations as outlined in the City Engineering Department's memo dated 4-29-10. Date Mayor ATTEST: City Clerk 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. Member Kuykendall 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, tha 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 pian approval for the development of Lot 2, Block 1, Johnco Addition providing for a five bay multi-tenant commercial building having a floor area of 6,757; and WHEREAS, the proposed development increases the total commercial sq. ft. 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 a 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. 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 completion of all site improvements. 4.B-612 curb and gutter shall be provided around all parking and driving 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 be 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 be 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. 970 Date Chair ATTEST: f ,'J&Z-^tary MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 29, 2010 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tern Parks at p.m. ROLL CALL Chair Pro Tern Parks, Commissioners JoAnn Campbell-Sudduth, Kara Kuykendall, Stan Leino and Carlos Morgan were present. Also present were Planning Commission Secretary Gary Eitel, and Planning Commission Recording Secretary Rebecca Crass. Chair Sean Rahn was absent and excused. APPROVAL OF MINUTES - APRIL 15, 2010 There was a motion by Commissioner Kuykendall, seconded by Commissioner Campbell-Sudduth, to approve the minutes of the April 15, 2010 meeting as submitted. The motion passed. Commissioner Morgan abstained since he was not present at the meeting. CHAIR'S EXPLANATION Chair Pro Tern Parks explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2010-007 - VANGUARD CONSTRUCTION, INC. Chair Pro Tem Parks introduced Application No. 2010-007, a request from Vanguard Construction, Inc. for PUD Amendment and Site & Building Plan approval for construction of 6,757 sq. ft. multi- tenant retail/commercial building on a 38,707 sq. ft. located at the northeast quadrant of Brooklyn Boulevard and 69th Avenue North. Mr. Eitel presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 4-29-10 for Application No. 2010-007 and the Director of Public Works memo dated 4-29-10, attached.) He further explained that the original development plan approved in 2002, included for Lot 1, a SA Service Station with car wash (3,960 sq. ft.), Lot 2, a 4,230 sq. ft. restaurant, retail, office building, Lot 3, a 21,500 sq. ft. multi-tenant commercial building, and Lot 4, a Culver's Restaurant (4,538 sq. ft.). Mr. Eitel pointed out that the proposed amendment to the previously approved plan indicates a larger foot print and reorientation of the building to face Brooklyn Boulevard. He added that the plan allows for five tenant spaces and a drive up window for a potential restaurant. 4-29-10 Page 1 There was discussion among the Commission regarding their concerns with additional traffic and traffic flow around the site and in and out of the site with the addition of a restaurant type use particularly along 701h and Brooklyn Boulevard. Mr. Eitel commented on the City's Engineer's recommendation to shift the northern entrance drive approximately 30 ft. to the north, to align with the SA entrance. Commissioner Leino arrived at 7:53 p.m. PUBLIC HEARING - APPLICATION NO. 2010-007 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morgan, to open the public hearing on Application No. 2010-007 at 7:54 p.m. The motion passed unanimously. Chair Pro Tern Parks called for comments from the public. Mr. Jeff Benedict, representing Vanguard Construction, stated that some good suggestions were made and they will deal with increased traffic by using directional signs on the site. He added that it is anticipated that traffic will move on and off the site along 70th Avenue without adding any additional egress and ingress points. He added that after review and suggestion from the City Engineer, he agress that it is an improvement to the plan to move the entrance 30 ft. to the north. They are open to the suggestions made and will make adjustments to their design of the site. Commissioner Kuykendall stated that one reason for heavy traffic on 701h Avenue is due to customers going to SA from Brooklyn Boulevard. Mr. Benedict stated that they can deal with the traffic around the site as long as it is safe. Mr. Eitel explained that a recent traffic study recognized traffic concerns with the Brooklyn Boulevard and 69th Avenue intersection, the east bound traffic on 691h Avenue, making a left turn movement to get to the freeway, is stacking and is requiring more than one signal light to unload. He added that this is a very busy corner with lots of activity at peak hours of the day. Chair Pro Tern Parks expressed his concern with the location of the drive up window and trash containers which could contribute to traffic flow concerns. He added that he did not like the location of the trash containers. Mr. Benedict replied that there will not be trash containers, but rather a trash enclosure, made out of the same material as the building, built as part of the building, and it will not be an eyesore. Commissioner Campbell-Sudduth asked if there had been a traffic study done in this area. Mr. Benedict replied that there is no traffic study accompanying this application but acknowledges that while this area is busy, this new building will not create a substantial increase to traffic. It will be a good addition to the community and a product that the City will be proud of. Mr. Ziad Zahran, 1500 20 Avenue NW, New Brighton, stated that he will be the owner of the property. He is excited to be a part of the community and is flexible and willing to work with the community. He added that traffic is a critical issue and the points made about 701h and Brooklyn Boulevard are valid. He has looked at this area for his business for over three years and is excited about this location. He feels that Culver's has enough parking and he doesn't see a problem. However, when 4-29-10 Page 2 he exits the shopping center, sometimes it is difficult to get out onto 691h Avenue. He stated his reasons for putting the drive up window on the side instead of the back of the building is so that cars can be properly stacked during peak hours and he is attempting the best utilization of the plan to allow for leasing out additional spaces to other tenants. Mr. Zahran stated that he anticipates three stores and one restaurant will occupy the building. Commissioner Leino stated that the Commission is not in a position to micro manage what restaurant goes on the site but feels this is a huge opportunity for this corner of the city to complete development. He feels that the traffic issues are minor compared to some other locations in the city. He added that putting the drive up on the north end, makes a better flow to exit off the site from the drive up area. Commissioner Morgan stated that many communities would love to have an area in their city that is so busy that there might be traffic issues. He added that traffic issues will work themselves out. Commissioner Leino asked about the anticipated construction schedule. Mr. Benedict responded that if they receive all necessary approvals from the Planning Commission and City Council, they expect to break ground by June 1, 2010 and construction will take about four months. No other persons from the public appeared before the Commission during the public hearing on Application No. 2010-007. CLOSE PUBLIC HEARING There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to close the public hearing on Application No. 2010-007 at 8:23 p.m. The motion passed unanimously. The Chair Pro Tern called for further discussion or questions from the Commissioners. Mr. Eitel noted the site plan has identified the location of a freestanding business sign that is not allowed by the PUD agreement. The PUD approval allowed two freestanding signs on the two lots fronting Brooklyn Boulevard and two identification signs for the overall PUD. A Boulevard market sign is located within the 69th landscaped node; however, the second sign was not constructed within the 701h Avenue landscaped node. He also added that he wanted the Commission to be aware that staff is reviewing the sign ordinance relative to promotional sales events, grand openings, etc. and will be discussing with the businesses in shopping centers an effective means to advertise, without the use of portable signs. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF RESOLUTION No. 2010-04 There was a motion by Commissioner Kuykendall, seconded by Commissioner Morgan, to approve Planning Commission Resolution No. 2010-04 regarding the recommended disposition of Planning Commission Application No. 2010-007, submitted by Vanguard Construction, Inc. for PUD Amendment and Site & Building plan approval. 4-29-10 Page 3 Voting in favor: Chair Pro Tern Parks, Commissioners Campbell-Sudduth, Kuykendall, Leino, and Morgan. - And the following voted against the same: None Whereupon said resolution as declared duly passed and adopted. Resolution No. 2010-04 is made part of these minutes by attachment. The Council will consider the application at its May 10, 2010 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. DISCUSSION ITEMS Review of Section 35-800 Administrative Use Permits - Outdoor Sales Markets for Minnesota Grown Produce, Fruits, Plants Flowers, and Herbs Mr. Bitel explained to the Commission that he has been approached about the possibility of allowing a Farmer's Market to be operated in the city at the Sun Foods Location (63' and Brooklyn Boulevard), as well as two other locations. This process would require an amendment to Chapter 35 of the City Ordinances that would include a definition to allow the sale of garden merchandise and produce under the Administrative Land Use permit process. This would be similar to permits issued for seasonal garden centers. There was discussion among the Commission regarding what types of products would be allowed within the scope of a Farmer's Market and how to define proper language to specifically describe those products without excluding such products as honey, dairy and meats. Suggestions were made by the Commission to incorporate language that would include produce, fruits, plants, flowers, herbs and other farm products. The Commission also discussed incorporating language in the ordinance to allow an outdoor Farmer's Market on vacant commercial land, which is not currently allowed. Mr. Eitel responded that he will consult with the City Attorney for proper language and report back to the Commission. There was also a brief discussion about the Bass Lake Road and 57th Avenue Trail Connections incorporating a connection from the Shingle Creek Regional Trail, Twin Lakes Regional Trail and the Mississippi Regional Trail along the 57 I Avenue Corridor, possible future improvements to Brooklyn Boulevard and a planning study being proposed to the 53 id Avenue corridor to Humboldt Avenue. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Campbell-Sudduth, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:45 p.m. 4-29-10 Page 4 MEMORANDUM DATE: April 29, 2010 TO: Gary Eitel, Business and Development Director FROM: Steve Lillehaug, Public Works Director/City Engineer SUBJECT: Site Plan Review - Boulevard Market, 6940 Brooklyn Boulevard Public Works Department staff reviewed the following preliminary documents submitted for review for the proposed Brooklyn Center Retail Development: • Building plans dated March 28, 2010 • Site plans dated March 26, 2010 Subject to staff approval, the site plan must be developed and maintained in substantial conformance with the referenced plans, unless modified by the staff recommended conditions below: 1.A development agreement is required that includes all conditions of the project approval, subject to the final site plan approval by the City Engineer. 2.All plan sheets must be certified by a Minnesota licensed engineer for the type of work being certified (e.g. site and utility plans must be certified by a civil engineer). 3.Final civil plans are subject to review and approval by the City Engineer prior to the issuance of permits. 4.A lighting plan with photometrics must be submitted. 5.Plan approval is exclusive of all permanent traffic signage requirements that are subject to Chapter 34 of the City Ordinances. 6.All work performed and materials used for construction of utilities must conform to the City of Brooklyn Center standard specifications and details. The City's standard details must be included in the plans. 7.Upon project completion, the applicant must submit an as built survey of the property, improvements and utility service lines and structures prior to release of the performance guarantee. 8.Pedestrian routes and connections to and from the building and the site are poor and generally non-existent. Applicant must revise plans to address this issue. 9. Plans must be developed from of a certified survey and included with the plan set. As- built plans were not received for the area development and remain outstanding. Boulevard Market, 6940 Brooklyn Blvd. Page 2 of 2 Site Plan Memo, April 29, 2010 Sheet C- I 10.Show internal vehicle turning movement layouts for the drive-thru. It is anticipated there may be issues with the turning movements pertaining to the 90 degree corner and the approach to the drive-thru window location. 11.Align the site access along the westerly driveway with the northerly access to Super America. This will provide better stacking/storage area within the external driveway that is needed at the intersection with 70th Avenue. 12.B612 curb and gutter must be provided around all driving and parking areas. 13.The applicant must provide temporary on-site traffic control signs as deemed appropriate and necessary by the City Engineer. All traffic control must be in accordance with the MMUTCD standards. Sheet C-2 14.Sanitary sewer and water service locations and connections must be verified prior to construction. 15.The site must meet the current watershed commission storm water and infiltration standards. Provide drainage calculations demonstrating these standards are met. 16.The property owner must enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 17.The applicant must obtain an NPDES permit from the MPCA. 18.Plans must include a Storm Water Pollution Protection Plan (SWPPP) subject to approval by the City Engineer. If an MPCA NPDES permit is not be required, the SWPPP must still meet and include all standard NPDES requirements and prescriptions, regardless. Sheet L-1 19.An underground irrigation system must be installed in all landscaped areas to facilitate site maintenance. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final site plans may require additional modifications based on engineering requirements associated with final design of the water system, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final plans. Other guarantees and site development conditions such as site plan as-built drawings, site performance agreement, financial guarantee, etc. will be prescribed prior to the issuance of permits. G:Engincering\13eve1opmcnt & Planning\ACTIVE Development Projecta\Boulcvard Market 20 10\ 100429_Site Plan Review Memo.doc - - Lot 7, 1-311<2 - it891200 "E 69729 c -16717 E' 60jJ) c res Eqrn't 20'R 4 rri?YR 14 L 1 t ______ VAN ACCESSIOLHANDICAP SIGN H __ __ ;/\ J--- I - = _____ L \ ___ ^. jl^ PEDESTRIAN CURB RAMP __ I1\ 21 ____ ____ :E•j r .11 -:L 18 24 is, UC11ON1 LIMITS— I) - Ir__.j 2T) 4 CONCRE:TE— SIDEWALK I -— 5R 2.Rir\ BITUMINOUS TRASH ENCLOSURE _______PAVEMENT .1 . ;: 4 .... L I J •.• T RMONUMENT 169.48 •_ .. _______ U,. p_ 4 4 P IA I 0 'SITE DATi.: SITE AREA 38,707S.F.,0.89. ACRES BUILDING AREA: 6,757. TOTAL NUMBER OF. PARKING .: . :. STALLS PROVIDED: 46 TOTAL NUMBER OF PARKING . •. STALLS REQUIRED: 375.5 PER 1000 SC). FT. 6SF NUMD':R OF HANDICAP STAL.I.S PROVIDED: 2 NUMBER OF HANDICAP V / I •\ ,'.. 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