City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6D Meeting Date: August 9, 2017 Originating Agenda Section: Public Hearing Department: Community Development Resolution: X Ordinance: X Prepared By: Todd A. Larson, Senior Planner Attachments: 7 Presented By: Todd A. Larson, Senior Planner 610-Zane Retail (Ryan Companies, Inc.) - Development Plan and Preliminary Plat for proposed retail/commercial development at the northwest corner of 93 rd and Zane Item: Avenues. Proposed Actions: MOTION SECOND TO RECOMMEND APPROVAL OF DEVELOPMENT PLAN AMENDMENT FOR 610-ZANE RETAIL AT THE NORTHWEST CORNER OF 93 RD AND ZANE AVENUES, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. MOTION SECOND TO RECOMMEND APPROVAL OF PRELIMINARY PLAT FOR SIX TEN ZANE SECOND ADDITION AT THE NORTHWEST CORNER OF 93 RD AND ZANE AVENUES, SUBJECT TO CONDITIONS IN THE DRAFT RESOLUTION. Staff Recommendation: Staff recommends approval of the development with conditions that are listed in the attached resolution. Overview: In 2015, the City Council approved a development plan for 610-Zane, the area between Zane, 93 rd, and Hampshire Avenues, and Highway 610. This development plan included retail and business park uses, including what became Hy-Vee and Star Exhibits. At the time of the approval, it was noted that the southeast portion of the site, the area bounded by 93 rd, Zane, 94 th, and Colorado Avenues, would be some sort of retail use, but did not include a lot of detail as they had no leads at that time. The applicant stated that they would come back once they gained market interest for the site. The proposed development plan includes four buildings: one for a small multi-tenant retail building with a drive-thru, a financial institution building with a drive-thru, and two restaurants with drive-thrus. A development plan looks at the general layout of the buildings, parking, and access points all big picture items. In the upcoming months, the individual users will come forward to request approval of a conditional use permit or site plan review, depending on the use. The development plan approval along with a plat to subdivide the property will allow the applicant to grade, install utilities, and construct the shared roadway.
Budgetary/Fiscal Issues: None. 6D Page 2 Alternatives to consider: 1. Approve the proposal as presented. 2. Approve the proposal with modifications. 3. Deny the proposal based on certain findings. Attachments: A. DRAFT DEVELOPMENT PLAN ORDINANCE B. DRAFT PRELIMINARY PLAT RESOLUTION C. LOCATION MAP D. PLANNING & ZONING INFORMATION E. ORDINANCE #2015-1194 F. RESOLUTION #2015-143 G. PLANS i:\planning\planning cases\2017\17-113 (610 zane retail)\planning commission\17-113 pc 2017-08-09.docx
6D DRAFT DEVELOPMENT PLAN ORDINANCE Page 3 ORDINANCE #2017- ORDINANCE AMENDING ORDINANCE #2015-1194 FOR PROPERTY ZONED GENERAL BUSINESS DISTRICT WITH PLANNED DEVELOPMENT OVERLAY (B3/PD) Whereas, The Brooklyn Park City Council adopted Ordinance #2015-1194 rezoning property in the development known as 610 Zane with a Planned Development Overlay on July 27, 2015; Whereas, the developer proposed modifications to the Development Plan as outlined in Section 2 of Ordinance #2015-1194; NOW, THEREFORE, The City Of Brooklyn Park Does Ordain: Section 1. The Planned Development Overlay on the following parcels: Lots 1 through 4, Block 1, Six Ten Zane 2 nd Addition, Hennepin County, Minnesota, shall have the following requirements in addition to those requirements set forth in Ordinance #2015-1194: 1. Four building sites for retail, restaurant, and office uses are approved; one building for each parcel, as identified on Master Site Plan page C301 dated July 25, 2017. Each use and site must receive its own Conditional Use Permit or Site Plan Review in the appropriate manner prescribed in City Code. 2. All four parcels shall share vehicular access via a common private roadway access. Direct access to 93 rd Avenue is prohibited. 3. A shared monument sign at the southwest corner of 94 th and Zane Avenues can have a panel for each use on these four parcels. No other freestanding signs will be allowed per City Code Chapter 150.28(A). 4. All four sites must have direct pedestrian walkway access to the sidewalks or trails along the adjacent roadways. A connection must be made to the edge of the 93 rd Avenue right-of-way for the southern two lots in advance of the roadway reconstruction.
6D DRAFT PRELIMINARY PLAT RESOLUTION Page 4 RESOLUTION #2017- RESOLUTION APPROVING DEVELOPMENT PLAN AND PRELIMINARY PLAT OF SIX TEN ZANE 2 ND ADDITION NORTHWEST OF 93 RD AND ZANE AVENUES Planning Commission File #17-113 WHEREAS, an application was submitted for an amendment to a Development Plan and Preliminary Plat in the Planned Development Overlay as described in Section 152.560 of City Code; and WHEREAS, a proposed commercial and business park development of 610 Zane was reviewed by the Planning Commission on July 8, 2015, at a regular public hearing and approved by the City Council on July 27, 2015 by Resolution #2015-143; and WHEREAS, the proposed commercial development of 610 Zane Retail was reviewed by the Planning Commission on August 9, 2017, at a regular public hearing; and WHEREAS, the proposed development is consistent with the purposes of the Zoning District as described in Section 152.560 of City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Park that the Amended Development Plan and Preliminary Plat of Six Ten Zane 2 nd Addition are hereby approved. I. DEVELOPMENT PLAN The Development Plan for 610 Zane Retail sets out the general pattern of development. The following plans are a part of the development plan: 1.1.01 The site plan dated 07-25-2017. 1.1.02 The grading and utility plans dated 07-22-2017 must be modified to meet the intent of the site plan. 1.1.03 The development landscaping plan dated 07-25-2017. 1.1.04 All other conditions listed in Resolution #2015-143 shall remain in effect, except as amended herein. 2.1.01 Preliminary plat on file dated 07-25-2017. II. PRELIMINARY PLAT 1.00 DRAWINGS
2.00 BONDS, ESCROWS AND DIRECT PAYMENTS 6D Page 5 2.2.01 A Development Contract and bonding shall be required. A development bond or letter of credit in the amount of $.00, a cash bond in the amount of $.00, and a developer s escrow in the amount of $.00 posted with the City's Finance Director to cover engineering, legal and administrative costs incurred by the City. If this account becomes deficient, it shall be the developer's responsibility to deposit additional funds. This must be done before final bonding obligations are complete. 2.2.02 Park dedication will be satisfied through the land owner s credits. 2.3.01 Approval of Title by the City Attorney. 3.00 REQUIRED DOCUMENTS 2.3.02 All utility construction, drainage, grading and development plans must be approved by the City Engineer prior to receiving a building permit. 2.3.03 A comprehensive search shall be performed to identify any existing wells on the property. A licensed well driller shall properly abandon any unused wells in the plat. Such abandonment shall be reviewed and approved by the Minnesota Department of Health. 2.3.04 A final plat showing the correct square footage for each lot area must be submitted prior to recording of the final plat. 2.3.05 Approval of the West Mississippi Watershed and all conditions therein, including a storm water maintenance agreement. 2.3.06 The developer and property owner have an assessment agreement signed for various future roadway, trail, and traffic signal improvements for 93 rd and Zane Avenues. These agreements may be updated with the allocation given to the subdivided parcels if so desired. 2.3.07 An encroachment agreement for placement of a monument sign in the drainage and utility easement at the southwest corner of Zane and 94 th Avenues. 2.3.08 Cross-access and maintenance agreements for the shared private driveway and access roads must be reviewed and approved by the City Attorney and recorded with the plat. 4.00 GENERAL CONDITIONS 2.4.01 It shall be the developer's responsibility to keep active and up to date the developer's contract and financial surety (Letter of Credit, bonds, etc.). These documents must remain active until the developer has been released from any further obligation by City Council motion received in writing from the Engineering Department.
6D Page 6 2.4.02 All conditions of the City Attorney s office shall also apply. A Title Review must be conducted by the City Attorney s office using documents provided by the developer before final plat. 2.4.03 No burying of construction debris shall be permitted on the site. 2.4.04 Dust and erosion control measures must be in place including daily watering, silt fences, and seeding. The City Engineer may impose measures to reduce dust and erosion. 2.4.05 Adequate dumpsters must be on site during construction of streets, utilities, and buildings. When full, they must be emptied immediately or replaced with an empty dumpster. 2.4.06 Adequate portable toilets must be on-site at all times during construction of utilities, roadways, and buildings. At no time shall any building under construction be more than 250 feet away from any portable toilet. Toilets must be regularly maintained. 2.4.07 During construction, streets must be passable, at all times, free of debris, materials, soils, snow, and other obstructions. 2.4.08 All storm water management areas are considered private and will be maintained by the property owners, unless approved by the City Engineer. 2.4.09 All storm water management areas are required to have a uniform shore treatment and seeded with an appropriate seed mix. 2.4.10 All storm water management areas must be lined with a minimum three-inch layer of organic soils suitable for supporting plant life in the event of low water levels. 2.4.11 The grading/development plan and preliminary plat must be reviewed and approved by the West Mississippi Watershed Management Commission and City Engineer prior to any grading of the site. Also the cash bond and cash escrow payments indicated above must be on deposit with the City prior to issuance of a grading permit. 2.4.12 No building permits will be issued until such time as adequate public utilities, and access have been installed and determined to be available to use. The City will require that the utilities, lighting, and street system have been designed, bid, constructed and considered operational prior to issuance of any building permits in the development. Also, the City must have all the necessary right-of-way and/or easements needed for the property to be serviced. If the petitioner needs additional time to satisfy the requirements listed in this Preliminary Plat in order to get it released for recording, then a one-year time extension must be requested. Time extension requests are subject to the conditions found in Subdivision Code (Section 151). The failure on the part of the petitioner to submit a final plat per Section 151 within one year from the date of this approval shall deem the preliminary approval to be null and void.
6D LOCATION MAP Page 7
6D PLANNING & ZONING INFORMATION Page 8 Land Use Plan Current Zoning Surrounding Zoning Neighborhood Site Area Commercial General Business District with Planned Development Overlay (B3/PD) Planned Development Ordinance #2015-1194 North General Business District with Planned Development Overlay (B3/PD) West Business Park with Planned Development Overlay (BP/PD) South Detached Single-Family Residential District (R3A) Southeast Office Park District (B1) East Planned Community Development District (PCDD) Tessman 5.09 acres Conforms to: Land Use Plan Yes Zoning Code Yes Subdivision Code - Yes Variances Needed None Notifications Mailed 102 addresses Uses The proposed uses of retail, restaurant, and office are allowed as permitted uses within the B3 zoning district. Since the property has a Planned Development Overlay approved, all new buildings are subject to a formal site plan review process in front of the Planning Commission and City Council. Two of the proposed buildings are intended for restaurants with drive-thrus. The financial institution is likely to have a drive-thru. The small multi-tenant retail building is being designed with the northern tenant space capable of a drive-thru window. The drive-thru on each of these buildings is a conditional use and subject to a CUP approval. All four buildings and site plans are anticipated to come back before the Planning Commission and City Council for their individual approvals later this summer or fall as those users are prepared to apply. The Master Site Plan (page C301) shows a large multi-tenant retail building to the west labeled future. This building is not a part of the current development plan amendment. In 2015, a similar building was shown in this location as a placeholder. It is likely that this part of the development plan will change as the area matures. Access and Parking A private shared driveway will be constructed midway between Zane and Colorado Avenues connecting 93 rd and 94 th Avenues. All four development sites to the east plus the future development side to the west will share this access road. Cross-access and maintenance agreements must be approved by the City Attorney s office and recorded with the plat at the Hennepin County Recorder s office. None of the parking lots will be shared. All parking lots shown meet the setback requirements and appear to meet the needs of the uses anticipated on each lot. As each use comes forward for its Conditional Use Permit
6D Page 9 or Site Plan Review approvals, the amount and design of parking will be looked at in closer detail and may include shared parking and internal connections. Pedestrian Connections A development plan also looks at the pedestrian connections between the public streets, each building entrance, and each other. A sidewalk is shown along the east side of the north-south access drive. The two northern buildings show a connection from the 94 th Avenue sidewalk. The two southern buildings do not show very good connections. At the time of their CUP reviews, they will be expected to show connections to the north and 93 rd Avenue to the south where a multi-use trail is anticipated. The site is adjacent to the newly-modified Route 722 Metro Transit bus that provides hourly service along Zane Avenue. The pedestrian walkways and sidewalks will provide access to the bus stops. Landscaping and Screening The development plan only includes a landscaping plan for the storm water basin area. Each use will need to come in with a more detailed plan for review with its CUP. Each plan will need to be coordinated along the shared property lines. The development plan anticipates drive-thrus, parking, and drive aisles from the adjacent public roads. These areas will need to be screened to the headlight level of the parked or drive-thru vehicles. All of these areas are shown at the minimum setback of 15 feet. As each use comes forward, attention will be paid towards the screening plans shown in these areas. Storm Water Management Along Zane Avenue, a storm water basin was created for 94 th Avenue and anticipating development in this area. The basin will be enlarged to account for the current proposal. The storm water plan must be reviewed by the West Mississippi Watershed and a maintenance agreement must be signed. The slopes and base of the basin must be seeded with an appropriate seed mix. It is recommended that this mix include wildflowers and other pollinator-friendly plants. Lighting The approved Planned Development Overlay ordinance requires a uniform style of parking lot lights. As each user develops their plans, they must use the same parking lot lights as HyVee used. All four sites are within 500 feet of residential property, therefore the maximum pole height for a freestanding light is 15 feet. Signs Collectively, these four sites qualify for an Area Identification Sign, a shared sign up to 320 square feet in area. The applicant has shown a 15-foot tall shared sign at the southwest corner of 94 th and Zane Avenues. Because of this, no additional free standing signs for the individual sites are allowed by City Code. In the previous development plan approvals, space is provided on the sign along Highway 610 for some users in this part of the development. This sign was also shown on the 2015 plans, however a drainage and utility easement was platted in this area for the storm water basin. The proposed location of the sign does not appear to interfere with storm water operations, so instead of vacating a portion of the easement, it is recommended that an encroachment agreement be approved to allow the placement of this sign.
6D Page 10 Utilities The development plans also show how each lot is being serviced by City utilities. A water main and sanitary sewer main easement will need to be added to the final plat.