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HomeMy WebLinkAbout2005 08-25 PCP • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER AUGUST 25, 2005 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - August 11, 2005 4. Chairperson's Explanation The Planning Commission is 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. 5. Apple American Limited Partnership of Minnesota 2005 -011 • Request for Preliminary Registered Land Survey approval to create a separate tract of land for the Applebee's restaurant at Brookdale Shopping Center. 6. Other Business 7. Adjournment I • Application Filed on 7 -28 -05 City Council Action Should Be Taken By 9 -26 -05 (60 Days) Planning Commission Information Sheet Application No. 2005 -011 Applicant: Apple American Limited Partnership of Minnesota Location: Brookdale Shopping Center Request: Preliminary Registered Land Survey The applicant Apple American Limited Partnership of Minnesota doing business as Applebee's Neighborhood Grill and Bar, is seeking preliminary registered land survey approval to create a separate tract of land for the Applebee's restaurant site at Brookdale Shopping Center. The property under consideration is Tract A, RLS No. 1710, which is a portion of the Brookdale Shopping Center that contains what is known as the Brookdale Center common area. The new tract of land would be carved out of Tract A, RLS 1710, to create a parcel that would basically reflect the building location for the Applebee's Restaurant. The property is zoned PUD /C -2 (Planned Unit Development/Commerce) and is also located in the Central Commerce (CC) Overlay District. The Brookdale Shopping Center is subject to the PUD agreement comprehended and approved under City Council Resolution No. 99 -37 on March 8, 1999 (attached). • Brookdale is made up of a number of parcels or tracts of land which generally reflect ownership interest in Brookdale. The Sears property, the former J C Penney's property, the Marshall Field's property, the former Mervyn's property, the Kohl's property, the old Ground Round property and the Brookdale common area are the various properties that make up this shopping center. BACKGROUND Attached for the Commission's review is a letter and summary of the purpose for this application from Bonnie O'Malley a local representative of Applebee's (attached). The summary outlines the difficulties experienced by Applebee's due to the failure of the former owner of Brookdale to keep his property taxes current. City ordinances prohibit the issuance or renewal of a liquor license on property with unpaid property taxes. Applebee's lease agreement required the landlord to pay real estate taxes, which he did not do. The City refused to reissue Applebee's liquor license in 2004 and again in 2005. Because the taxes were not paid, Applebee's paid its share of the 2003 and 2004 taxes so that the City would reissue the liquor license. The City would not reissue the license because the total taxes were not paid. Applebee's sought and obtained an injunction from Hennepin County District Court ordering the City to reissue the liquor license even though the full tax payment was not made. To avoid these problems in the future, it was agreed that the Applebee's site should be designated as a separate parcel so that taxes on that parcel could be kept current. • 8 -25 -05 , Page 1 The proposed creation of the new tract of land reflecting the Applebee's building will not change things with respect to Brookdale. The subdivision will not grant Applebee's any separate development rights other than that comprehended under the Planned Unit Development. Parking, access, ingress and other rights are subject to the operating agreement and Declaration of Covenants for Brookdale such as the Planned Unit Development. Applebee's does not anticipate any changes to its lease with the landlord as a result of this proposal. The lease already provides Applebee's with the right to pay real estate taxes directly to Hennepin County in the event that "the restaurant is taxed as a separate parcel. The Director of Public Works /City Engineer is reviewing the proposed preliminary RLS and may offer some comments. We treat an RLS in the same manner as a plat requiring preliminary RLS review and approval by the Planning Commission and City Council with the final RLS being subject to approval by the City Council. For the most part, the proposed registered land survey is a simple creation of a new tract to accommodate the interests of the applicant and Brookdale. A public hearing has been scheduled for the preliminary registered land survey and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun Post. RECOMMENDATION The proposed preliminary registered land survey appears to be in order an approval of the application is recommended subject to at least the following conditions: 1. The final RLS is subject to review and approval by the City Engineer. 2. The final RLS is subject to the provisions of Chapter 15 of the city ordinances. 3. Approval of the RLS does not create separate development rights for the newly created tract of land other than that authorized for Brookdale in its entirety. 8 -25 -05 Page 2 r �r Ow Ow . , WN INS oil IN low M wr lli> ?.L''.!4{ �� �� �a �� iii' ►i no t� IA � . ��� / Mul LIME Ila Wa pr ,� , 1t �� s�9i2�iY1 �3 < '!!: R +Y L•4��K £}�+� �dl; CA ELI Ily ►� � F ig wi � � LOGISMap Output Page Page 1 of 1 • wmaarmadwdhlydYS. CauM'q'i�f tOiiIBGCt770s !, • httn-// gis. ingis. nre/ cervlet/ cnm. ec ri .e,qriman.Fsriman ?v,erviceName =hc T.C)CTTgMan OV &... 8/17/2005 Member KaY Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 99 - 37 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 99001 SUBMPTTED BY TALISMAN BROOKDALE, LLC. WHEREAS, Planning Commission Application No. 99001 submitted by Talisman Brookdale, LLC proposes a rezoning from C -2 (Commerce) to PUD /C 2 of the Brookdale Regional Shopping Center which is bounded on the north by County Road 10, on the. east and south by T. H. 100 and on the west by Xerxes Avenue North; and WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for the expansion, redevelopment and rejuvenation of the Brookdale Regional Shopping Center to include the following; 1. The reconfiguration of the west end of mall including an 89,650 sq. ft. second floor to include a 20 screen, 4,252 seat theater; • 2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for two restaurant sites; 3. An approximate 13,000 sq. ft. addition for general retail use and revised mall entry way along the southerly side of the complex adjacent to Da n's• Y� 4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes Avenue North, northerly of the 56th Avenue entrance to the Brookdale Center; 5. Conceptual approval, subject to further Planning Commission and City Council review and approval, of four additional freestanding restaurant and/or retail buildings to be located around the perimeter of the shopping center; and _ WHEREAS, the Planning Commission held a duly called public hearing on February 25, 1999, 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 Application No. 99001 by adopting Planning Commission Resolution No: 99-M on February 25, 1999; and RESOLUTION NO. 99 -37 WHEREAS, the City Council considered Application No. 99001 at its March 8, 1999 meeting; and WHEREAS, the City Council considered the rezoning and site and building plan 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, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, TEE WORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 99001 submitted by Talisman Brookdale, LLC in light of the following considerations: 1. The rezoning and Planned Unit Development proposal are compatible with the standards, Purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance and will allow for the redevelopment and rejuvenation of the Brookdale Regional Mall which is a unique development within the City of Brooklyn Center and whose viability is considered to be vital to the stabilization of other commercial properties within the community. 2. The rezoning and 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. 3. The utilization of the property as proposed under the rezoning and Planned Unit Development proposal will conform with city ordinance standards for the most part with the exception of the following allowed variations from the zoning ordinance which are considered reasonable standards to apply to this proposal: • Allow 5 ft. rather than 15 ft. greeenstdps at certain locations where an apyw 3 to I 1 A ft. high decorative masonry wall shall be installed to offset negative effects (this standard has been allowed in other areas within the city). RESOLUTION NO 99 -37 •. Allow a 35 ft,, or non-major thoroughfare setback for certain out building locations based on variances that have been alloyled, for other commercial buildings along major thoroughfares and seem appropriate in this location as well. • Allow a 4.5 parking spaces per 1,000 sq. it of gross leasable area rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor area required based on the shared parking analysis provided and on Urban Land Institute Methodology a maximum o gy eating f 5,133 parking spaces as being needed for the Brookdale Mall given the mix of uses and square footages proposed in order to meet the maximum weekday and weekend hourly demand, which is also in keeping with at least two �P g major regional malls in the area. • Allow the 60 ft. wide parking dimension standard for 9A degree • parking rather than the 63 ft. required separation based on the fact that Brookdale has previously been allowed to have the 60 ft. parking standard and it appears that it would work in this situation. • Allow two freestanding signs up to 320 sq. ft. in area along T. H. 100 based on the uniqueness of the size, diversity of ' uses and significance of Brookdale Mall. • Allow an increase from 15 percent to 20 percent of the allowable restaurant use without requiring additional parking at Brookdalc based on the uniqueness of Brookdale, the mix of uses and dynamics of multiple stops per person at the Center. 4: The rezoning and Planned Unit Development proposal are considered compatible with the City's Comprehensive Plan for this area of the city. 5. The rezoning and Planned Unit Development appear to be a good utilization of the property under consideration and the redevelopment and rejuvenation Of Brookdale Regional Mall are an important long range use for the existing property and are considered to be an asset to the community. RESOLUTION NO. qq -37 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings 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 FURTBER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 99001 be 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 and utility 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 approved site improvements. 4. Any outside trash disposal facilities and rooftop or on-ground mechanical equipment,shall be appropriately screened from view. 5. The buildings and building additions are 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 new landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances -with the exception of allowing two freestanding signs up to 320 sq. ft. in area along T. H. 100. 8. Plan approval acknowledges a proof of parking for the Brookdale Shopping Center based on providing 5,700 parking spaces on site. • RESOLUTION NO. 99 -37 The applicants are allowed to retain the existing parking configuration except where required modifications are to be made based on budding expansions or additions. New parking lot construction or reconfiguration shall require concrete parking delineators as approved by the City Engineer, 9. The applicant shall submit as built surveys of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter in an easement agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to -the issuance of permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. • 12. Approval of the application is subject to the review and approval of the Shingle Creek Watershed Management Commission with respect to storm drainage systems. Effective compensating storage shall be approved prior to the construction and filling for the proposed building No. 5 on the site plan. 13. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior ` to the issuance of building permits. Said agreement shall acknowledge the various modifications to city ordinances and the rationale for allowing such deviations by the City Council and the conditions of approval to assure compliance with the development plans. 14. Plan approval is granted for the Applebee's Restaurant building as presented (Building No. 2 on the site plan). 15. Conceptual approval only is granted for three other out buildings shown on the site plan as Building No:' 3, Building No. 4 and Building No. 5. Planning Commission review and City Council approval in the form of a Planned Unit Development amendment shall be obtained prior to the • issuance of building permits for these buildings. RESOLUTION. NO. 99 -37 16. • ' The costs for traffic signals at . the 55th Avenue and 56th Avenue intersections with Xerxes Avenue shall be the responsibility of the applicant. 17. The plans shall be modified to show: a. A 3 ft. to 3 % ft. high decorative masonry wall in locations other than along T. H. 100 where greenstrips are less than 15 ft. b. The elimination of the access from the perimeter road t6 the parking lot east of Building No. 3. C. The location of the Shingle Creek Regional Corridor Trail through the Brookdale parking lot. , d. The removal of Building No. 1 which is not part of the conceptual • approval granted at this time. 18. Applicant shall enter into a development agreement, in a form approved by the City Manager and the City Attorney, that assures that adequate provision will be made to accommodate public mass transit circulating through the parking lot of the center and to allow for passengers to be dropped off and picked up at the center. The applicant shall not be required to provide space or accommodations for mass transit vehicles parking, stacking, or laying over; for parking of privately owned vehicles of mass transit patrons; or for the transfer of ' passengers between mass transit vehicles. March 8. jM9 Date Mayo( - ATTEST: City Clerk The motion for the adoption of 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 Lasman, Ed Nelson, and Rdbert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. i -4 .�� ^� PRELD"ARY R.L.S. f ?\ �sr s a A E— / / y / y O WAS lit now Ows PROPOM TRAM • lf! Q; MAW go & !f -- _�_ - - ,-,- �'- - ..�+.- 1 - ° __ - -�' -fit 1 � �rft �rr•A " < . if� rrfr•r� ■rt�.rfl�rt f r .1 /� PRE�� BAR R.L.S. NOR :�r -= i ': a r miar / N1 ..w� TRACT !' r1OrOM TRACT •� NO. �8 r ® � ` ' — _1710 � A P 0 J„ OP as , � Mrr • Fre . drikson July 26, 2005 Mr. Ronald A. Warren Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: Applebee's Neighborhood Grill & Bar at 1400 Brookdale Center Dear Mr. Warren: To supplement the package of materials I submitted to you with my letter dated July 20, 2005, enclosed find our check in the amount of $100.00 representing the additional Application Fee. In addition, I enclose a written summary of the purpose of the Subdivision Application, as you requested. In response to your inquiry, we have submitted applications for both preliminary and • final RLS approval. You indicated that you would try to put this matter on the Planning Commission Agenda for August 11 th . Unfortunately, we will not be able to have anyone attend that meeting and would prefer if this could be delayed until the August 25 meeting. If you have any questions or need further information, please contact me. Sincerely, Mrs. Bonnie A. O'Malley Senior Paralegal Direct Dial: 612.492.7093 Email: bomalley @fredlaw.com BAO:jp Enclosures #3148651\1 • Attorneys & Advisors Fredrikson & Byron, P.A. main 612.492.7000 200 South Sixth Street, Suite 4000 fax 612.492.7077 Minneapolis, Minnesota www.fredlaw.com 55402 -1425 MEMBER OF THE WORLD SERVICES GROUP OFFICES A Worldwide Network of Professional Service Providers Minneapolis, London, & Monterrey, Mexico IL - Applebee's, Brookdale Shopping Center — Subdivision Application • Applebee's leases a portion of a large parcel of real estate known as the Brookdale Shopping Center complex ( "Restaurant "). For real estate tax purposes, most of the Brookdale Shopping Center, including the Restaurant, is taxed as one parcel. In 2003 and in 2004, the owner of the Brookdale Shopping Center (the "Landlord ") failed to pay real estate taxes when due. As a direct consequence, the City of Brooklyn Center refused to reissue a liquor license to Applebee's for 2004 and again in 2005. Even though the Applebee's Lease specifically provides that the Landlord is obligated to pay real estate taxes, Applebee's voluntarily paid directly to Hennepin County a total amount of $8,700.00 in December 2003 for 2003 taxes and $19,408.73 as its share of 2004 taxes. Applebee's paid these amounts directly to Hennepin County so that the City of Brooklyn Center would reissue Applebee's a liquor license for the Restaurant. Despite Applebee's efforts described above, the City of Brooklyn Center did not reissue a liquor license to Applebee's for 2004 and in 2005 based on the City's ordinances which provide that the City may not issue any licenses to properties with unpaid taxes. In response to the City's position, Applebee's obtained from Hennepin County District Court injunctions ordering the City of Brooklyn Center to reissue liquor licenses for calendar years 2004 and 2005 to Applebee's. • In an effort to assure that Applebee's ability to obtain a liquor license for 2006 and all succeeding years will not be disturbed by the Landlord's failure to pay taxes in the future, counsel for Applebee's and counsel for the City of Brooklyn Center agreed that the Restaurant be designated as a separate tax parcel by Hennepin County. Applebee's, at its own expense, hired lawyers and a surveyor to prepare the necessary subdivision application. Pursuant to correspondence from counsel for the Landlord dated September 20, 2004, the Landlord states that it is willing to consider Applebee's' subdivision proposal. Applebee's parking requirements will not change as a result of this subdivision. All parking, access, ingress and other rights are all provided under the Lease and by recorded Operating Agreement and Declaration of Covenants. Applebee's does not anticipate that any changes to the Lease between the Landlord and Applebee's will be necessary as a result of this subdivision, other than to amend the legal description of the Restaurant. The Lease already provides Applebee's with the right to pay real estate taxes directly to Hennepin County in the event that the Restaurant is taxed as a separate tax parcel. In short, Applebee's brings this application in the hope that there will be no further issues with respect to renewing Applebee's liquor license from the City of Brooklyn Center. #3147806\3 IL