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HomeMy WebLinkAbout2002 12-12 PCP A i PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER DECEMBER 12, 2002 REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - November 14, 2002 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. Public Hearing: - Critical Area and MIssissippi National River and Recreation Area Plan (The Public Hearing should be continued to the January Study Session, January 30, 2003.) 6. McDonald's Corporation 2002 -018 Request for a Planned Unit Development (PUD) Amendment to modify the original Planned Unit Development approval and agreement to be allowed to construct an otherwise non - permitted convenience food restaurant at the southeast corner of 66 and Camden Avenues North. 7. McDonald's Corporation 2002 -019 Request for Site and Building Plan approval for a 4,300 sq. ft., 90 seat McDonald's restaurant at the southeast corner of 66 and Camden Avenues North. 8. Other Business -2003 Meeting Schedule 9. Adjournment • Application Filed on 11 -14 -02 City Council Action Should Be Taken By 01 -13 -03 (60 Days) Planning Commission Information Sheet Application No. 2002 -018 And 2002 -019 Applicant: McDonald's Corporation Location: Southeast Corner of 66th and Camden Avenues North Request: Planned Unit Development Amendment and Development Plan Approval The applicant, McDonald's Corporation, is seeking a Planned Unit Development (PUD) amendment under Planning Commission Application 2002 -018 to modify the original Planned Unit Development approval and agreement for this area to be allowed to construct an otherwise non- permitted convenience food restaurant at the southeast corner of 66 and Camden Avenues North. They also seek development plan (or site and building plan) approval under Planning Commission Application No. 2002 -019 for an approximate 4,300 sq. ft., 90 seat McDonald's restaurant on this site which is addressed 615 66t Avenue North. The property in question is zoned PUD /C-2 (Planned Unit Development/Commerce) and is bounded on the north by 66 Avenue with R -3 (Multiple Family Residence — Townhomes) zoned property containing the Georgetown and Riverwood townhomes along with C -2 (Commerce) zoned property containing the Riverwood Dental Center and Holiday'Station on the opposite side of the street; on the east • by C -2 zoned property containing the SuperAmerica station; on the south by PUD /C -2 zoned property containing the Regal Theater; and on the west by Camden Avenue with R -5 (Multiple Family Residence) zoned property containing the Melrose Gates Apartments on the opposite site of the street. Convenience food restaurants such as proposed by the applicant are prohibited from locating in this PUD /C -2 zone based on the conditions and findings made at the time the City approved the Planned Unit Development rezoning for the Regal theater and surrounding property. Furthermore, the underlying C -2 zone which provides the regulations governing uses and structures within the PUD, prohibits convenience food restaurants from abutting an R -1, R -2 or R -3 zoning district including abutment at a street line, such as the abutment that exists along the north side of 66 Avenue. RACKGR01 TNID A Planned Unit Development rezoning from C -2 to PUD /C -2 and development plan approval for a 20 screen, 85,240 sq. ft. Regal Theater was approved by the City Council under Resolution No. 98 -133 on July 27, 1998. Attached for the Commission's review is a copy of that resolution containing various findings, considerations and conditions of approval for that proposal. The land rezoned consisted of the Regal Theater site and two restaurant sites along Camden Avenue, one to the north of the theater, the other to the south of the theater, which were identified and referred to during this process as "pad site 2" and "pad site 3" respectively. (Note: Pad site 2 • eventually became the site currently under consideration following the filing of the final plat for 12 -12 -02 Page 1 all of the property in the PUD.) A PUD amendment for an alternate storm water detention plan was subsequently approved by the City Council on September 28, 1998, after Planning Commission review and recommendation. These approvals became the Planned Unit Development for the Regal Theater and surrounding property. Condition No. 16 of City Council Resolution No. 98 -133 states "the applicant has agreed and the City acknowledges that it will not allow the development of `pad site 2' and `pad site 3' as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property." This condition was agreed to by the developers and the owner of the restaurant sites, Mr. Terry Moses of Crown Brawley, LLC. This condition was considered an integral part of the decision to rezone the property and allow the development of the theater. Even though "pad site 2" could not be used for a convenience food restaurant given the underlying C -2 zone, which prohibits such abutment with R -3 property, the City wanted to assure that there would be no dispute about future unacceptable land uses for both "pad site 2" and "pad site 3 ". Among other things, the traffic analysis prepared and presented at the time of the PUD rezoning, did not comprehend convenience food restaurant but rather sit down restaurants, which have different traffic generations, particularly with respect to PM peak hour traffic rates, which were of concern because of theater traffic generation. Minutes from a number of meetings held during the time of the Planning Commission and City Council review indicate that this was a significant factor and the parties assured the City that this was an acceptable condition or limitation for future development. As the Commission is aware, the PUD process involves a rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing the district (in this case C -2) apply to the development proposal unless the City determines that another standard or use would be appropriate given mitigating circumstances that are offset by the plans submitted by the developer. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The PUD process, including amendments such as this, involves a rezoning of land and, therefore, is subject to meeting the City's rezoning evaluation policy and review guidelines that are contained in Section 35 -208 of the City's Zoning Ordinance. Also, proposals and amendments must be consistent with Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments. Attached for the Commission's review are copies of Section 35 -208 and 35 -355 of the City's Zoning Ordinance for review. As mentioned previously, the City Council adopted a resolution approving the overall PUD for the Regal Theater development and surrounding property. That resolution contained the various findings and considerations necessary for approving that PUD and also contained the restriction on convenience food restaurants as well as other uses on the surrounding 12 -12 -02 Page 2 property. Any approval of this PUD amendment should acknowledge compatibility with the policy and review guidelines of the previously mentioned Section 35 -208 and also the provisions of Section 35 -355 of the Zoning Ordinance. The proposed amendment must be consistent and compatible with surrounding land uses in the area. The proposed amendment should be offset by factors related to the development. Also, the overall development must be a reasonable use of the property and be considered to be in the best interests of the community. The applicant has submitted a full set of development plans and is seeking site and building plan approval for the McDonald's restaurant. We will review their plans in more detail following review of their PUD amendment request. Mr. Terry Moses of Crown Brawley, LLC, owner of the two restaurant sites adjacent to the Regal Theater has submitted written comments in support of the amendment to allow convenience food restaurants on the sites where they were prohibited under the PUD approval. He explains that he agreed with the prohibition when it was enacted four years ago. He claims there has been very little interest in the site primarily because of the size of the site and only McDonald's has come forward with an offer for the property. He indicates that the immediate area, because of its high traffic and easy access, has evolved into a convenience retail location. He points out that the Regal Cinema has not generated the vehicle traffic that was originally feared and he anticipates that many McDonald's customers would be existing SuperAmerica and Subway customers thereby holding the increase in traffic down. He states another advantage is that the proposed use would share the existing driveway with SuperAmerica and Subway, making a change in traffic patterns less likely. He notes that commercial properties should be positioned close to freeways and through ways to keep traffic from residential area and still allow easy access for local residents. He indicates that there is a demand for quick serve restaurants, however, there is a distinct shortage of suitable sites. He also notes that McDonald's analysis shows this to be a good site for their business. The written comments make no mention of the extent to which efforts have been made to market the property for sit down or non - convenience food restaurants. Inquiries have been made to the City about these potential sites and these parties have been referred to the owner of the property after discussion regarding the Planned Unit Development conditions. If the site is indeed too small for such development as indicated in the written comments, perhaps accommodations could be made under the PUD process to make a desired restaurant development workable. Furthermore, the creation and size of these sites was determined by the owner of the property at the time of the Regal Theater development and assurances were given that they would be suitable for sit down restaurants. To abandon the restriction on convenience food restaurants, as well as the other prohibited uses, should be done only if it is justifiable based on the rezoning evaluation policy and review guidelines and such a recommendation should be consistent with the provisions of Section 35 -355 regarding Planned Unit Developments. It seems that the only justification put forth thus far to allow such a use is that McDonald's is willing and able to develop the site and that they think it is a good site for their business. Their building plans do not seem to mitigate, or offset, the negative aspects of having a convenience food restaurant directly across the street from R -3 zoned property. Where other PUD's have had property line 12 -12 -02 Page 3 abutment with residential property such as the recent SA project at 57t and Logan Avenues North, an 8 ft. high solid opaque screen fence, landscaping and a buffer strip were established. The applicant's plan calls for nothing in the way of plan mitigation; in fact they propose a less than 15 ft. green strip along the 66 Avenue right of way across from the R -3 zoned property. The policy guidelines ask questions such as is there a clear and public need or benefit? Is the proposed zoning consistent with and compatible with surrounding land use classifications? Can all permitted uses be contemplated for development of the subject property? Will the property bear fully the ordinance development restrictions for the proposed zoning district? Is the property generally unsuited for uses permitted in the present zoning district? Is the proposal warranted by comprehensive planning — the lack of developable land in the proposed zoning district or the best interest of the community? And finally does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? It does not seem that there is a clear and public need or benefit in changing the conditions of the PUD that prohibit certain types of uses that are considered inappropriate for this development. It is believed that the proposed amendment is not compatible with surrounding land uses, that non - convenience food restaurants or other appropriate uses could be developed on the property given time and an adequate marketing plan. This proposal seems only to benefit the interests of the owner or the developer of the property. Based on these factors, it is not believed that this proposed PUD amendment to allow convenience food restaurants in this PUD is consistent with the rezoning evaluation policy and review guidelines. Also, we do not believe it is compatible with the standards, purposes and intent of the PUD section of the ordinance and it only seems to be in the interest of the owner of the land and not necessarily of the best interests of the community. STTF. ANT) RTTTT.DTNCT PLAN PROPC)SAL The applicant, under Planning Commission Application No. 2002 -019, has submitted a site and building plan proposal in hopes that the City will amend the Planned Unit Development to allow a convenience food restaurant. The plan calls for an approximate 4,304 sq. ft., 90 seat McDonald's restaurant on a 1.28 acre site. AC'C'.F.SS/PARKTNC`T The only access to the site is a shared access off 66 Avenue with the SuperAmerica to the east. The building would be situated to the southwest corner of the site with parking for 63 vehicles, including three handicapped, on the north site of the building. A drive up lane would be located on the westerly side of the building with the pick up windows on the south side. Vehicles would move in a counter clockwise fashion around the building for the drive up facility. As mentioned previously, the plan calls for a less than 15 ft. green strip in portions of the 66 Avenue green strip. The plan indicates 90 seats and 16 employees at the maximum shift requiring a total of 53 parking spaces. The shared access is a cross access agreement that has been in existence for some time. The only access to the site would be off of 66 Avenue. No other access on Camden or across the Regal Theater site is allowed 12 -12 -02 Page 4 • C` ,RAT)TNC/DRATNACTF[[TTTT.TTTF.I,; The applicant has provided grading, drainage and utility plans which are being reviewed by the City Engineer. A retention pond was constructed on the Regal Theater site to accommodate drainage for this entire area. The drainage plan seems to indicate that the site will connect to storm sewer in 66 and Camden Avenues rather than being directed to the retention pond. These are matters that would need to be addressed by the City Engineer. Water and sanitary sewer would be connected to existing utilities in Camden Avenue North. B -612 curb and gutter is required around all driving and parking areas and is indicated on the plan. T.ANDgC ~APTNC'T The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission, to evaluate such plans. This 1.2 acre site requires a total of 102.4 points rather than the 62.5 landscape points indicated on the plan. The applicant proposes to provide 138 landscape points per the point schedule. They propose five shade trees (Patmore Ash and River Birch), 11 coniferous trees (Austrian Pine), 14 ornamental trees (Spring Snow Crab and Japanese Tree Lilac) and 56 shrubs (Dwarf Burning Bush, Gro -Low Sumac, Goldflame Spirea, Goomound Spirea, Endora Compact Juniper and Scandia Juniper). The shade trees are located along islands separating this site from the SuperAmerica site to the east. The coniferous trees are located in the north green strip along with River Birch and the Spring Snow Crab. Austrian Pine and Spring Snow Crab are also located at the southwesterly portion of the site. The shrubbery would be located primarily to the west portion of the building next to the drive up land and dumpster enclosure as well as at the southeast corner of the building. Landscaping would seem appropriate given the variety and points proposed. RT TTT .T)TNC'T The applicant has submitted building elevations showing the exterior of the McDonald's building.. The exterior finish would be primarily brick veneer with a soldier course of block around the lower portion of the building. The colors are indicated as "to be determined ". A red standing seam metal roof, or mansard type treatment is shown around the exterior of three of the sides of the building. To be consistent with other approvals, the mansard treatment should be carried around the backside of the building as well. The building elevations show a trash enclosure of the same material as the building with solid gates. LIGHTING The applicant has also submitted a lighting plan, which appears to be consistent with the lighting standards contained in the City Ordinances. General concern is that all lighting be shielded and directed downward on the site to avoid glare. 12 -12 -02 Page 5 PROCEDURE i A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun/Post and have also been sent to neighboring property owners. For a number of years rezoning applications considered by the Planning Commission were referred to the respective Neighborhood Advisory Group for input and comment. In this case, it would be the Northeast Neighborhood Advisory Group. State statutes, however, require the City to respond to zoning applications within 60 days of the date a properly submitted application has been filed with the City. This application was filed on November 14, 2002. Due to zoning requirements for notice and publication, this application needs to be submitted approximately four weeks prior to the Planning. Commission's public hearing. The clock, however, begins at the date the application is properly filed. Therefore, the zoning decision must be made by the City Council no later than January 13, 2003. Almost 30 days of the required 60 day time frame will have expired before the Commission's public hearing has even held. This requirement makes it almost impossible for the City to hold the Neighborhood Advisory Group meetings that they normally have had. The Planning Commission has instituted anew procedure because it still wishes to receive Neighborhood Advisory Group input with respect to these PUD applications and amendments. We have invited the Northeast Neighborhood Advisory Group members to the public hearing and are encouraging their comments and participation at the meeting. A staff report will be delivered to the advisory group members at the same time that it is delivered to the Planning Commission. Hopefully, they will have an to review the matter and make comments to the Commission at Thursday evening's meeting. It is recommended that the Planned Unit Development amendment submitted by McDonald's Corporation be denied on the basis that it is not consistent with the rezoning evaluation policy and review guidelines as well as not being consistent with Section 35 -355 of the City Ordinances regarding Planned Unit Developments. A draft resolution recommending denial of the Planned Unit Development will be prepared. The site and building application (No. 2002 -019) also should be denied on the basis that it is inconsistent with the conditions of the original Planned Unit Development, which prohibits convenience food restaurants within this PUD. 12 -12 -02 Page 6 INS 0 - ssita INS IBM �E //■ E�0 S�© i.,� itt7 � r �, � A.�• z` ��� ©� iii � r os� ii i� '�'�" - ■ ■■ � MIKE / Rr f lN is iF� mm Al �tE �1Fi itii MCI ii i i� its iEi rs Mod MWI it -1 liFi �� � .x, �� ■ WI ■:1111 mm Mai ■// - . fit, i� sls� UPI M 111 � ��■ � ' � " 1� ■ . � �� /.. � - ■ 111111Ilflil : ra i S ii i ' ulnuum, « ii iii u�� aura ■�i " • n ii ii ii Ira ii! Mn ii �! 914 MR me an mwj =a mm 1•ts�� o© Ulm t Im Uri Ria MIN and in lk t3 7.1F� i i -�� a• ■ i� iR:t ili �Ea . nsira iffnl mil if:.l ■ is� ss►>n ilha >• i2*4 i>i1 ms" i sm MIE m m ii ssi INA i 1 u 11.1 ma w - �% ii inr ii Ali >•i ii �i � ->�, ii i[� ii 11♦i iii i i ii �� ire i i ■ �w iii � s �� i� i mss• i!q f� itt� �a� mss• ■ISS�t s�is� is � �� i�i�. �� iE� i� a. I�E� ira sect i� lisss� iN isa ifi ills isa i� iF +I iC� it.3 i ii RIM iE� i!� ill iiA iF� s■ i� mm MEN isa UP i� its a•s ii isa WWI isa� ti wu �r �o w ■sir i�ira g Member Debra Hilstrom introduced the following resolution and moved its adoption: CITY COUNCIL RESOLUTION N0. 98 -133 RESOLUTION REGARDING RECOMMENDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. WHEREAS, Planning Commission Application No. 98015 submitted by Centres Group Brooklyn Center, LTD. proposes rezoning from C -2 (Commerce) to PUD /C -2 of 730,192 sq. ft. (16.76 acres) area of land that is bounded on the north by 66th Avenue and the Super America site; on the east by TH252; on the south by Interstate 694; and on the west by Camden Avenue; and WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for an 85,240 sq. ft., 4,592 seat, 20 screen theater on a proposed 13.09 acre site and the creation of two other sites, one that is 71,693 sq. ft. in area and the other 88,186 sq. ft. in area for future commercial development, most likely restaurant - uses; and WHEREAS, the Planning Commission held a duly called public hearing on June 25, 1998, when a staff report and public testimony regarding the rezoning and site and building plan were received and the Planning Commission continued the public hearing and referred the application to the Northeast Neighborhood Advisory Group for review and comment; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on July 7, 1998, at the City. Hall and recommended approval of this planned unit development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on July 16, 1998, received an additional staff report and took further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 98015 by adopting Planning Commission Resolution No. 98 -3 on July 16, 1998; and WHEREAS, S, the City Council considered Application No. 98015 at its July 27, , 1998 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 1 City Council Resolution No. 98 -133 ordinance contained in Section 35 -355, the City's Comprehensive Plan, and the Planning Commission's recommendation contained in Planning Commission Resolution No. 98 -3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 98015 submitted by. Centres Group Brooklyn Center, LTD. be approved 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. 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 with the exception of the parking requirement for theaters which requires one parking space heater complex. Variation from the Zoning for every three seats within the t Ordinance to allow a parking formula of one parking space for every four theater seats is justified on the basis of the development plan submitted and the operational differences on parking demand that a multiplex theater of this size has which allows the ability to stagger starting times within the theater complex to lessen or spread out the demand for parking over a greater period of time. The applicants have also provided a parking analysis that indicates national norms, local norms, parking generation, and local parking studies all conclude that the standard of one parking space for every four seats is a reasonable standard to apply to this proposed theater complex. 4. The rezoning and planned unit development proposal are considered compatible with the recommendations of 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 future potential uses of two adjacent properties for commercial restaurant sites is also a good long range use of the existing land and can be considered an asset to the community. i 2 City Council Resolution No. 98 -133 6. In light of the above considerations, it is believed that the guidelines for hvaluating rezonings and contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 98015 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 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 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. B612 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. The property owner shall enter into an easement agreement for maintenance and inspection of utility and storm drainage systems, 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 standard specifications and details. 3 City Council Resolution No. 98-133 12. Approval of this application is subject to the applicant complying with all of the requirements and regulations of the West Mississippi Watershed Management Commission with respect to this site. The storm drainage system shall be acceptable to the Watershed Management Commission and the applicant shall comply with any conditions imposed by that body prior to the issuance of building permits for this project. 13. Ponding areas required as part of the storm drainage plan shall be protected by approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of building permits, 14. 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 a parking ratio of one parking space for every four seats in the multiplex theater and shall acknowledge all conditions of approval and assure compliance with development plans submitted by the applicant. 15. The area identified on the site plan as "pad site 2" and "pad site 3" shall be seeded in a manner to allow appropriate maintenance of this property pending future development. Future development of this area is subject to amendment to this planned unit development. . 16. The applicant has agreed and the City acknowledges that it will not allow the development of "pad site 2" and "pad site 3" as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property. 17. The construction and cost of all traffic control improvements related to 66th and Camden Avenues due to the project shall be the responsibility of the applicant including, but not limited to, traffic signal, median extension, traffic control structures, and any necessary right -of- way. This shall be acknowledged in the development agreement. 18. Vehicle access between the theater parcel and the proposed Lot 3, Block 1,,, Regal Road Development Addition and between the theater parcel and the Super America property is prohibited. The applicant shall provide a physical barrier, acceptable to the City, to prevent such cross access. 4 City Council Resolution No. 98 -133 July 27, 1998 Date M or ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Cazmodynd upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. A 5 11/14/2002 16:41 FAX 6514930752 Terry Moses Ron Warren 19002 Crown Brawley LLC 1776 Maple Lane Roseville, MN 55113 Planning Commission City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Lot 2 Block 1 Regal Road Development 2 nd Addition (615 — 66` Ave N) Dear Commissioners:. We agreed in 1998 that the ideal use would be for sit -down restaurants and therefore agreed that this site is not approved for fast -food restaurants, gas stations, gun shops, pawn shops, and the like. During the last four years that we've been trying to market the property most of the interest has been from convenience food restaurants, with very little interest from any others. The main reason the sit -down restaurants have passed on it is because of it size being a little too small. No one has come forward with an actual offer, except for McDonald's, which we believe is . a proposal that can be supported. The immediate area, because of its high traffic and easy access, has naturally . evolved into a convenience retail location, the most recent developments being the Holiday Station Store and the Regal Cinema. Since the proposed use is consistent with its adjacent uses, it would not be considered "spot zoning." Regal Cinema has not generated the vehicular traffic that was originally feared, and it we anticipate that many of the McDonald's customers would be existing Superamerica and Subway customers, thereby holding the increase in traffic down. Another advantage over a typical site is that the proposed use would share the existing driveway with Superamerica and Subway, making a change in traffic patterns less likely. Ideally, commercial properties should be positioned as close to freeways and through- ways as possible to keep the commuter traffic from going through residential areas to reach them, and to still allow easy access for local residents. As the demand for quick service has grown so have quick serve restaurants, however there is a distinct shortage of suitable sites. So, since the subject site is next to a through -way, and McDonald's' analysis shows it to be good for their business, the remaining determinate, we believe, should be whether it serves a broad public need. We believe that the best place to start that . determination is with nearby residents. Sincerely, Terry D. J. Moses 0: \WORK\ PRELIM \Brooklyn center- regal \86348M001.dwg Wed Nov 13 12:14:55 2002 LA MIA r 7 lo, w cm— N O If jg d 1111 l :i�� • t �s � ! i ,� •� Q ��lc t•t��aola {ll�arll'te!•�! :!t tc• _ �d1S '! ! Z5Z 'ON Ai6i 2 i t' lit I I t OL { { �� � i . i ; c _ ;c is • { Fi i KNOW Own ( 6.56 B 01 ., s{ N 65 O y) t� n.3y n A'' T�'ll b� L..a Otwwu • ® N t . as ..•.aA. WO NG ND ' �oARAARauN L �x • � ,' `• r l� / N F1AnNO Lwa .vo w. ra e w�� aLa[ siiiiwla i/ ` • ' rAVNO MONCATwI „• AN� r '. // 0 .SL[IO zi wAliµw, r r wnn ! 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D rINAMR rou SCALE M FEET Ltd" ^ i CM67talMM wm LOUCILS PROJECT No: 02113 — aaA � IO1 uNI t^•'� uN � � a 1 Qi O NSTNNC1 A• RCC CURN ! OUROIS AS NO DOET C -S. ® OWA L METAL N Uft LOT MOIL AS A W OttA SA MOM ® =TO CMED can. , SEE KU L S/[O -L — Y -- a s�S =sr— 4 •"a oc`RR° O.al— � TLji Qa TRNOFMIM PAO CC TO LO M NWALL TO IQf NOR A0 NO LOT aa11N0 II[CONOIDAMML ® NTNNIN PA104 T. cl.a — •1p•0O mxRs t� ' unUTY CC PM R[pN[MNR. - - • PlAR SGLC F , aY i ® STRPED TO NUT "A CODE ROIINONENiE ® COND6Tf PAVEMENT. m i - I UNDO , 0— AEP PLA RAID AS AM sla C -! AND SIRTO "Dom MNOOr V , 0 0— ROAD nAR 10-4. ® NsrALL E• aN awn MIS 1{R aIn m-3 ® GAS MEru Lau1NN. ASSOCIATES 615 - 65th AVENUE N. ."ALL a• cmal TE amw— ® CMTaCT ONIER SARLMAY 9! raRR A11drJNED aYMRa. (—To RRr N[ M • �i'.Ra arY lTAR Y ; 6 Qs oasRRer rRAaI ANanSMN[ As rrA ARMRCMAtf. ® rAwT a• ROE SINpE. ( ® aARrAr L oon LoenaM BROOKLYN CENTER MINNESOTA OAON "M n '. © YEDMMDY !0-NOD ROAM aN1 MM REAOR OOMIO. >S' OA MOOR. PLANTNO AREA SEC LANDSCAPE PLAR.. - SEE OETNL E/w L � xRRxR.w. COysK G011NT _ ' Q Oa6E FACED LLIYNATED ONECIOUL SIGN (SW FACE AS MOTM ® ® O - e SCE PART STNP[S - PMS -12& MW. - HENNEPIN i SEE SIOIACE SOROME ABOVE) aY SON SPFUEIL NO aV GC ® EDGE OF OOIOMTE PAVING AT OaVE -hwU AREA GNSTMAT RAINP AT I• � � w.. ,w. PRORNYRI A-AR -q Mao Q Mr YDR WARD Aa FED .1 a L ® STAR APNWWO W_ SON. ® ! w �• SITE PLAN sNm O 1 41KM TI�SI[IDAS PER WT. W -L - ® PANT LETTERS - P S Q& RLLOR - SQ OETA" O/Sa -a ® NefO` -� USEOP O •• -0• ac YK�a� EERY • As -NRr I ® NO" arrECraR LOOP a PER Ow E 1 ® PANTED TRANX OAMICS - PMS -aL YELL011 - SUE OErAL M/0-3. -TOO, Rws01 STAR aR CM[ © NO" S' R .T ■RORAO NON RARNG PER OETML 3 /M. ® PARR LETTM PTO D3. yaADR - SO OETAL I7/5D -1 29633 022-0458 C — ....... ....... . ..... . . .... .... .......... . .. ...... ................. . . ............................ . . . . . .. . ............ . ........... ...... .. . . .......... . ........... . . .. .... . ...... . . ....... ... . .. .................. ....... OMAL NOTES . . . ..... ..... 01111911IONARIF IBM P .m v .1c o n a z 4-A G . � * o ANA OF WIND ft jj f. xx� — K =Il! SPILLWAY CRINAL v III 7 1 71 65 no 9 i'4 L,j PK= OCINgfRUCTION SHIPANCE 55.916 S.F. ACRES Lam N EROSION CONTROL NOTES' LOUCKS PROJECT NO: 02113 CONTROL FEATURES 9 I. BE N-PLACE TO FOWHED SUVACE/GUTTER PRIDII TO A- BE — — FLOW UK GRADES A TABUWED. EKbiNS MT FAKE t K MNNMYUED Ara /AR RCM CD AND SHM.L K CONaOOYD 1. CGATRI{TM UDCAT- AM ELLWTION OF Em— N TO I.E GAAOwQ CaOWR. R 4 OF EXTREME &IPORTA.CC TO OR UTIUlIE!I AND TOPOCWPIRFX FEATURES KTII TIE OWENS AND fKLD-VERIIT ­IRE OF CURRENT REED COPWIT04 IM RESPECT TO EROSION cOxTRa. PRIOR To W==�jHE "IEDIATELT tKIM THE STRIDET APORKS1 C _ AT � EEO ASSOCIATES Sth AVE" N. XCORDM TO OCTAL$ TO � TRACING OF DlItT MIT) PUDIC Vft� BE E w QFMK—GDAV ROCK E�CETOW Sa IkSTGE PROW= ALL CONSTRUCTION $w CONFOW TO LOCAL RAMS, STAX 3w � FROM W W "M K PROVIDOD AT ALL :. �=E-- BROOKLYN CENTER MINN ,; MINNESOTA 97.m DATE D. 01— COMPLETION — MU. EXPOSM sous WV BE STAftQXD � 14 CALEAVAR "n OF � COMPLETION Uk%GS$ OTHEMSE DIRECTED W W � Ot. ALL � m,,RAc,. � a —W 0' AND SIOXPLES WAIT MK WDEAQUAIC RED! IR—C sI;Tems MULLED ARDUxo TWA AWALL ALL S� Unum ASSGOAlm COMMAT T HENNEPIN TD"IARv EEDM FERRIANG AW MULQMC ImAl BE AFPUED IMPI PRIORI M P� AND TIE DISTALLKIM Or CURB GUTTER, iGRADING & DRAINAGE PLA —cs Am. irUE C.Y. : CUT WE MAT K KEPT 0 A IIICLL-D�V C� AT AU. — 1. — C.�. FAL VALE IN PEET 7 ­'0' 111ATE au WK — � RE � m T� DICK$. P—D w GOES; w � m GAAcmc —L . fAll GWR � REWGED TO �W PROPER DRAPAGE PAW CONSIAMINAL. LOW LOT a SKWI lawc 29633 022-0458 C- 2 PDAiTG 0 �V% GO � PAD$ -$T K PW4*0 � A M� OWUM. .. . . .................... ..... . ........ . ...... . . .................. . ............ —1 .......... ........................ .... . ....... . . ..... . ... .. . .......................... . ......... . .......... ... . . . ............ . .. . .... . ....... . . ...... ...... . ........ . . . ...... . ......... . .... ..... . . .................. ............. . .... . .......... . . ... ... .... ....... . ......... .. .... . ........ ....... ......... . ........ . ... . ... . ........ ... . . ....... . ...... . ...... ... . . . ..... . . ...... . ...... . . ............... ... . ..... . ...... . . ............ .... . ......... . . .......... .. . ........... .. MMAL HORS ....... .. . . I ......... . . . ........ M AIL 6 CATCH OLTIM07ELTIM BALE DETAL Cl 3 l"j. PAIMML WOMAN. "-uso 's w-w 3 —"v.a MEA or Lal LTCM"WT � mil. '...•_ me TmAo X�t LOT ­T BTAND90 CATC14 SAM b 4 : I ; ; — I — _.— . _.. w e 65 co."ECIMN ftw..Q To DL ew 4. 3. r V STORM STRUCTURE SCHEDULE 55.916 S.F_ ", c,6T" L28 ACRES X Lt ca ce I r mm" 2 Mr HWM 4-3250 aAs C, 3 W ­ NEE R -3250 vv To w A LDtJCXS PROJECT N0: 02M � 7.5 rw w coot GENERAL MITY NOTES: RLAN xATr. r 3w �s To MTTJt K 5 .M O� ASSOCIATES IT"WeT AOOlrcaa .wo­mw_� N 615 - 65th AVENUE N. NpiR uK VAT[ M .V LMA� To vTW, cowwjcfml wAlt as ow� :p I M me = xcHmom � ms coNFORN To THE I , vECRTCAT*m IN To— TV BROOKLYN CENTER MINNESOTA sum -,c � L wv TT)N " �W sc� W) sToRm sEVEl' O,11T­LT� TO lack Mass. Tw w to w v� wam"m MOIwAV COMORLICTTOW ~. K". OF 114 LXKAT" ar Allow w Exwm o =: jo AM 9M MW� IW THE CM CURKW AODEN". TK CONMACTOR To r 6 XL PROCEOWIES rare FIVA� —ED M ME LOCK A(XI-. s HENNEMN AS W AN) —EPAWAS M ­FMIl MOM Tw CONTRrtta S1a1L AE THE NECE551aT Pm FM ALL Raga QUMOE a cogtRA" Wlt� ALL s ~a UTILITY PLAN PaOPmiY U11111 K cm W) w1m. WROV EXMWMINKG IN =. MD ELEV. PRW M BWwlws CDNStRUCIM. o . 1 . 60' 90 _"O-L AWKI, STAR Sm (m[ as lNE wAlERww 511K1 K N9AAM IVIth A Nw . V 7.5 FEET M COM. M COW"WTOTT TO— Ail- NE C AS -PMT CMWALVM PAWS TO MM tMLTTTT" -D MUL SCALE IN FEET C- 3 29633 022-0458 .. . ........... ................ ............ ..................... . . ....... ............ .. . . . ............. . ..... .. ......... . . .. . .. ............... . ............. ........ . ... . ....... ............ . ................... ...... . .......... . . . . ..... . ......... .......... . . ... ..... .. . ...... . . .... . .................. ...... ........... . . ....... . ... ........ ..... . .... . . ............ . ....... ......... . ............. . ........... . ...... . ............ . ........ ........ . ... .. . ..... ... . ...... .......... . . . .............. . ------- . ..... ........ ...... . ....... ..... . ..... .......... . ............. ... . ...... ......... ...... . ..... . . . .... .. ....... ...... ... .. . ........ .... .............. ...... .............. ...... .................. .................. GENERAL NOTES GOPHER STATE ONE CALL ..... ......... . S.M OETAU 6 LOT I.Koff" RECOMMENDATION ......... . .. . N , 65 w Sm Tvpc L�" _ � �g ___._b.w_ _rr_brAr•. i k _._- t i � � � i ararN AN ­NT- 55.916 S.F. 1.28 ACRES Y. S, Q F t ruN SCAM SO N VMT "'N'S" NUE N. 615 - 65th AVE w STATE i U �il LOUCKS PROJECT NO: 02113 BROOKLYN CENTER MINNESOTA COUNT, CONCIP'T - I ENNEPIN LANDSCAPE PLAN If ASSOCIATES I ""N , Nomft mm STATE SITE CON; SCALE IN FEET -*- .. — 29633 1 022-0 458 c 4 ... . . .... .......... ... . ........ ............ . . ... . ............... . . .. . ............... ... . ........................ . ....... . . ......... .......... ............ . ........... . . ............. ............ ................. . .... . . .. . . . ... . . ..... . . . ................ ........ .... . ... . . . . ..... ...... ...................... .. .............. ............ . . . .................. . ... . ... . ............. NO _ 1RY6. go. 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LIIOC HI #T .d7 N TT -M N-MTT N - w � M Cf CIr1C$ 01 MCI I WK MC "Its r W1K. -NrN M r NAP WAR LOAL FOR ATOM I.CK TDC WIND K TI-10 t WIT f I'm C31111311. CM M 1. CCC T.µ .LC.CC C701LT 10RTi16 KIOO J - I.I..I - n -2. - WIT TV /FACTO 1`01 fO N RC VCCIrWTg1 .NS MUM C. ME COTr•IR0101 Q ME KIK -IK SOFIT I .1.0 � r10 E= 11-.M - 11 -1Ptt _ LIOOIM IS KT OpLKtCa W MIS OMYIwO. -fry L� - 3. 1111NQ KiCrN KMI1N w .. clam MJCIKNK 10 .1.116 NOEIOIKCIIOI R rootm 11.1 N1NT -I -III.I 100T0.1R2 fat Q IT - ASAIN i PUPENT CZ DA t "" fMf[ 0 O.00 000 p - 022-0438 Mw w10•C 1um 3 ELM QwII...M �ww w.aww �i •mss F�rR�.�r.��rY_ Yi.ila 29633 r IPCP13429 O. 0 \WORK \PRELIM \Brooklyn center - regal \4379wwa1.dwg Wed Nov 13 09:17:19 2002 o SIR il e.wsvaiwresan. ra�rww,ww.r i. -grow am - i a a m i 1 I ti � F man ' 11j6 s •! > r r -� I • � hit I ; •� i i I ..m lil z qj 7N � I , - 1 deem ; $111 _ �'I •H I , 1 i 3 i 43'MF alllLPIND PROTOTYPE aDonald's Corporation I OOX /h,M TRXTION �iiia/m r...>..nwr.ww..rrr>..•rr 0 J. D:\WORK\PRELIM\Brooklyn center-rega)\Elevat�on w Trash Enclosure.dwg Wed Nov 13 09:18:00 2002 I oa °o F. i ° �_i_I , ■ i ii �i ° it �i L �� Dili a000 oa ° ° ►_ CC o �i ° I�■' �� mi �i t = ■� ° I ��' �ij SIT 1 � Dili . I �I �I 1 F ° ..• JECT: McDonalds RUE9=11111111I n ''• O PTI O NS: 3 4M ism OrMUT E _e 4 I -� ow l 1 T 11;q I I As wAW I DESIGNED FOR: McDonokfs m 14 1 DRAFT Member introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2002 -05 RESOLUTION REGARDING THE RECOMMENDED DISPOSITON OF PLANING COMMISSION APPLICATION NOS. 2002 -018 AND 2002 -019 SUBMITTED BY MCDONALD'S CORPORATION. WHEREAS, City Council Resolution No. 98 -133 adopted on July 27, 1998 approved a rezoning from C -2 (Commerce) to PUD /C -2 (Planned Unit Development/Commerce) of the area bounded on the north by 66 Avenue and the SuperAmerica site; on the east by TH 252; on the south by Interstate 694; and on the west by Camden Avenue North; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for the Regal Theater and certain conditions related to development on surrounding property; and WHEREAS, condition No. 16 of that Resolution stated "the applicant has agreed and the City acknowledges that it will not allow the development of `pad site 2' and `pad site 3' as a • fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property'; and WHEREAS, Planning Commission Application Nos. 2002 -018 and 2002 -019 submitted by McDonald's Corporation requesting a Planned Unit Development to modify the original Planned Unit Development approval and agreement to allow the construction of an otherwise non - permitted convenience food restaurant at the southeast corner of 66 and Camden Avenues North and development approval for a 4,300 sq. ft., 90 seat McDonald's restaurant; and WHEREAS, the Planning Commission held a duly called public hearing on December 12, 2002, when a staff report and public testimony regarding the Planned Unit Development amendment and development plan were received; and WHEREAS; the Planning Commission considered the 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 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 Nos. 2002 -018 • and 2002 -019 submitted by McDonald's Corporation be denied in light of the following considerations: i DRAFT • 1. The proposed PUD amendment is not compatible with the policy and review guidelines contained in Section 35 -208 of the City Ordinances in the following ways: a. No clear and public need or benefit has been shown by their proposal nor is there a broad public purpose evident. b. The proposed PUD amendment does not demonstrate merit beyond the interests of the owner or the applicant. C. The proposed PUD amendment is not consistent with and compatible with surrounding land uses. d. The PUD amendment proposal has not shown that the property is unsuited for the types of uses contemplated under the original Planned Unit Development. 2. The proposed PUD amendment is not consistent with Section 35 -355 in the following ways. a. The proposed PUD amendment is not considered to be compatible with the standards, purposes Wand intent of the Planned Unit Development section of the Zoning Ordinance. b. The Planned Unit Development amendment proposal is considered to have a • negative impact on the neighborhood in which it is located. C. The applicant has not shown that their proposed PUD amendment offers sufficient mitigating circumstances to modify the original Planned Unit Development to allow a convenience food restaurant on the site or other disallowed uses. 3. The proposed Planned Unit Development amendment does not appear to be a good utilization of the property under consideration and the future potential uses of the two adjacent properties for commercial restaurant sites, other than convenience food restaurant sites, is a good long range use of the existing land and can be considered an asset to the community. 4. 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 not met and that this proposal is, therefore, not 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 the development plan proposed under Application No. 2002 -019 be denied on the basis that the use is inconsistent with the provisions of the original Planned Unit Development. • 2 i DRAFT Date Chair ATTEST 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. • • 3 f • MEMORANDUM DATE: December 12, 2002 TO: Ron Warren, Planning and Zoning Specialist FROM`. Scott Brink, Acting City Engineer SUBJECT: Proposed McDonald's Restaurant Location 66''' Avenue North at Camden Avenue The City of Brooklyn Center has received a request to consider allowing the construction of a McDonald's restaurant (4300 sq. ft., 90 seat) at the southeast corner of the intersection of 66' Avenue North and Camden Avenue North. I have reviewed plans prepared by McDonald's and Loucks Associates dated November 12, 2002. My comments at this time regarding the proposed site development are as follows: Traffic • Access to the site would be allowed only Y from the shared driveway access with Super America (SA) along the south side of 66'. This shared driveway access also lines up directly across from a driveway along the north side of 66` that serves the Holiday Service Station. The aligned driveways are essentially located at a median break that extends from Camden to T.H. 252: I do have a concern regarding the adequacy of the shared driveway and median break area to safely accommodate all traffic with the addition of the McDonald's. Included is a concern regarding the left turn movement from westbound 66`h into the SA /McDonald's driveway and the ability of the westbound left turn lane to provide enough stacking space during peak hour periods. As you may recall, traffic studies were conducted in this area by S.E.H. 5 -6 years ago. However, at the time the Planned Unit Development for Regal Theaters was approved, this particular parcel was not designated or approved for this type of use. I have therefore contacted S.E.H. to re- review and comment with regards to this change in use, and will pass on those comments as they become available. • Review Comments - Camden /66'lProposed McDonald's I • Utilities Planning and development of the Regal Theater site considered the parcel of property where the McDonald's is proposed, including provisions for future drainage and utilities as follows: Drainage - As part of the PUD and site plan approval for Regal Theaters, a review and approval of the West Mississippi River Watershed was included.. A storm water detention pond was constructed east of the theater, and was designed to include drainage from the proposed McDonald's site. A 15 -inch diameter storm sewer pipe was extended to the site to pick -up this additional drainage, and terminates on the south property line, approximately 50 west of the east property line, The McDonald's site grading plan should therefore be revised to route drainage accordingly to this location, rather that directly to Camden and 66' as shown. Utilities - as part of the Regal Theater development, upgrades to the City's sanitary sewer and water infrastructure were also performed, including the reconstruction of sanitary sewer and extension of water main across the east side of the proposed McDonald's site. In other words, sanitary sewer (8 ") and water (6 ") mains are located in the driveway and easement area between the site and Super America. It is recommended that water and sewer services be extended from this location, rather than from Camden Avenue as shown. This would also eliminate the disruption and expense of excavating into the new street (Camden), and closing traffic. These are my continents at this time. Additional comments will be provided as necessary should this application continue to move forward. • Review Comments - Camden /66'lProposed McDonald's 2 MEMORANDUM DATE: December 9, 2002 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott Brink, Acting City Engineer SUBJECT: City of Brooklyn Center Critical Area and Mississippi National River and Recreation Area Plan It is my understanding that the Critical Area and Mississippi National River and Recreation Area Plan (MNRRA) is scheduled for consideration by the Planning Commission on Thursday, December 12, 2002. Please arrange to postpone any action on the MNRRA Plan until the next scheduled Planning Commission meeting. I will provide to you an additional memorandum with comments concerning the proposed draft before the next meeting. Thank you for your cooperation. • •