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HomeMy WebLinkAbout1998 03-26 PCP PLANNING COMIIIISSION AGENDA is CITY OF BROOKLYN CENTER MARCH 26, 1998 REGULAR SESSION 1. Call to Order - 7:30 p.m. 2. Roll Call J. Approval of Minutes - March 12, 1998 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. 5. Budget Car and Truck Rental 98006 Request for Special Use Permit amendment to expand the car rental operation at the Sears Automotive Center(Brookdale) to include trucks and to expand the location for inventory on the site. 6. Discussion Item: A. Clarification of Section 35-355, Subdivision 5 7. Other Business 8. Adjournment Application Filed on 3-12-98 City Council Action Should Be Taken by 5-11-98 (60 Days) Planning Commission Information Sheet Application No. 98006 Applicant: Budget Car and Truck Rental , Location: 1299 Brookdale Center(Sears Automotive) Request: Special Use Permit Amendment The applicant, Budget Car and Truck Rental, is seeking an amendment to the special use permit granted to them in 1986 in order to expand its car rental operation at the Sears Automotive Center at Brookdale to include truck rental. The property in question is zoned C-2.and "automobile and truck rental and leasing" is a special use in the C-2 (Commerce) zoning district. The Sears Automotive Center is located at the southerly end of Brookdale Shopping Center and is bounded on the west by Xerxes Avenue and on the east and southeast by T.H. 100. The City granted Budget Rent-A-Car a special use permit on April 7, 1986, to conduct a car rental business at the Sears Automotive Center. One of the conditions of that approval was that the storage of inventory of cars for rent be confined to the area under the canopy. The canopy referred to is located at the northerly side of the automotive service center building. The car rental operation was conducted consistent with the conditions of approval until 1992 when the City became aware of trucks being offered for lease and being stored across from the Sears Automotive Center. A letter was sent to Budget advising them that the special use did not comprehend the storage of trucks for lease in the parking lot and that condition No. 2 of their approval limited the storage of cars for rent to be confined to an area under the canopy. The letter went on to note that the reason for lirriiting car parking to that particular location was because Brookdale Shopping Center was deficient in terms of parking required under the City's zoning ordinance. The letter required compliance by September 1, 1992. The options of appealing the order or seeking an amendment to the special use permit were both offered in the letter. Attached for the Commission's review is a copy of the Planning Commission Information Sheet for Application No. 86014, the Planning Commission minutes of March 27, 1986, the City Council minutes of April 7, 1986, and the letter dated July 2'), 1992. Budget Rent-A-Car complied with the letter and the truck rental ceased. It later began again and the City recently contacted a representative of Budget(Dennis Goneau) regarding this matter. Budget has proposed to seek an amendment to allow it to expand their operation to include truck rental to be housed across the perimeter road from the Sears Automotive Center. It should be noted that we have agreed not to pursue removing the truck rental operation while the applicant is seeking the necessary special use permit. • 3-26-98 Page 1 Mr. Dennis Goneau, on behalf of Budget Car and Truck Rental, has submitted a written request (attached) showing the location for the proposed truck storage and information as to why they believe their proposal should be allowed based on the standards for special use permit contained in Section 35-220 of the zoning ordinance. Special use permits, or amendments thereto, may be granted ultimately by the City Council after demonstration by evidence that all of the five standards for special use permits are met. Attached is a copy of Section 35-220 for the Commission's review. Standard A requires that the establishment, maintenance or operation of the special use will promote and enhance the general welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. Mr. Goneau notes that Budget rents an average of 150 trucks per month in a very competitive market area. He notes that Brooklyn Center consumers benefit from their presence and they have also developed a strong rental base. Two of their largest commercial renters are established Brooklyn Center businesses - Custom Office Installation and Audio Visual and Film Group (note letter from Rob Cincotta of Audio Visual and Film Group attached). He goes on to point out that they perform no repairs or preventive maintenance on any of the vehicles at this location. Parking is limited to cold storage of vehicles prior to rental and possesses no public health or safety concerns. Standard B of the special use permit standards requires that the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. Mr. Goneau notes that the lot used for storage of vehicles is in an area removed from the main mall activity and is approximately 700 ft. from the nearest main entrance to the mall. He adds that the lot is literally surrounded by businesses that are motor vehicle oriented and implies that their use should not be injurious to other uses in the vicinity nor diminish or impair property values. Standard C requires that the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Mr. Goneau notes that they believe they will comply with this standard in that they have become familiar with the people involved in future plans for a major renovation of Brookdale Mall. Budget is excited to be a part of Brookdale's bright, new future. They have had contact with Mr. James Schlesinger, the new owner of Brookdale, and believe the car and truck rental operation can be an enhancement to their plans. The plans for mall enhancements are conceptual at this time, but they want to be involved with Sears and the Brookdale ownership. The implication is that their wanting to be involved in the redevelopment of Brookdale should not impede that development or the improvement of other properties in the district. Standard D requires that adequate measures have been or will be taken to provide ingress,egress and parking so designed as to minimize traffic congestion in the public streets. Mr. Goneau notes that there currently are no direct accesses to public streets from their proposed storage lot. • 3-26-93 Page 2 He believes that parking needs are limited and public streets are not affected. He also points out that future plans may alter the lot, but that they hope to have an opportunity to work with Sears and the Brookdale ownership for future needs. Standard E requires that the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Mr. Goneau notes that the Brookdale Mall is zoned for commercial use. He adds that their operation provides rental service to household/consumer as well as commercial car and truck renters at this location. They believe they will be operating among businesses that are motor vehicle related and that their parking needs are met in a lot that is far removed from the main mall activity. Mr. Goneau's points are well made and one might be able to conclude that the standards for special permits are met. There are, however, two areas with respect to the standards that need to be evaluated further. One has to do with Standard E regarding conformance with applicable regulations of the district in which the use is located. Brookdale Shopping Center has long been held by the City to be a single shopping center complex or a single entity for purposes of evaluating matters under the zoning ordinance such as parking requirements. Even though Brookdale is composed of major tenants such as Sears, Penney's, Dayton's and Mervyn's,which own separate parcels, there are necessary cross access and parking easement agreements covering all of the parcels at Brookdale making it the same as a shopping center complex or a single parcel of land. Brookdale as a whole is deficient in parking based on the current parking requirements contained in the zoning ordinance, which requires 5.5 parking spaces per 1,000 sq. ft. of floor area. For this reason, it has been the City's position that no expansion at Brookdale can be allowed without providing additional parking. In cases where the City has granted special use permits to allow for car rental or truck rental operations, parking has always been a significant factor and applicants have been required to show their operation will not exceed the ordinance required parking for the site they wish to be located on. The special use permit granted for Budget at Sears, for example, limited auto related parking to under the canopy at the Sears Automotive Center. This condition was imposed because Brookdale was considered deficient in parking. However, when Brookdale was originally developed, the area under the canopy was a gasoline service station that has since been abandoned. Because this area was never considered to bean ordinance required parking area, the logic was that Budget could utilize this particular space without"aggravating the parking deficiency at Brookdale". This was the reason the special use permit was granted and the particular location limitation of`'the area under the canopy"was imposed. I think it is important for the Planning Commission to also look at other auto rental/leasing and truck rental/leasing special use permits that have been granted in the past by the City at locations other than automobile dealerships where such activity is considered a normal part of their operation. The special use permits that come to mind include: 3-26-98 Page 3 • • e Truck rental at the then Brooklyn Service Center, 6901 Brooklyn Boulevard in 1983 (Planning Commission Application No. 88017). The central question of that application was whether there was adequate parking available on the site to accommodate the trucks proposed to be stored and rented there. An evaluation of the ordinance required parking was conducted and the applicant was limited in the number of trucks and trailers allowed for rental based on parking space available. Also, the parking of vehicles longer than 20 ft. was limited to certain locations which could accommodate vehicles longer than the typical parking space. In 1991 a special use permit was granted to Altra Auto to operate a car rental and leasing operation at the Northbrook Shopping Center (Planning Commission Application No. 91023). The reason for the special use permit was that there would be some incidental storage of vehicles on the site of this operation. A parking analysis was conducted and it was determined that there was a surplus of parking, based on ordinance requirements for Northbrook Shopping Center. A limit of 15 cars on the site was imposed. In 1994 the City granted a special use permit to Enterprise Rent-A-Car for an automobile rental and leasing operation at the Boulevard Shopping Center, which is located on the west side of Brooklyn Boulevard in the 6200 block(Planning Commission Application No. 94011). Again, as part of the application review process, a parking analysis for the center was conducted and it was determined that a surplus of parking existed which would accommodate the extra 25 parking spaces proposed to house auto leasing inventory on the site. In 1997 the City Council granted a special use permit to Mr. Robert Elledge to have a truck rental operation at his gasoline service station located at 6840 Humboldt Avenue North, which is at the southeast comer of Humboldt and 69th Avenues (Planning Commission Application No. 97008). Again, a review of parking requirements and site constraints were undertaken. The applicant was limited to no more than four trucks being housed on the property and the location for parking these vehicles was limited to the southeasterly corner of the site with the larger vehicles being parking closest to the east property line. A review of these applications including even the Budget at Sears application, shows that the City has always looked for compliance with ordinance required parking formulas as a basis for granting special use permits involving truck or automobile rental/leasing proposals. Limiting the number and sometimes the location of the parking were also factors in evaluating these proposals. An argument certainly can be made that the current proposal by the applicant does not meet Standard E of the standards for special use permits because it does not conform with the applicable regulations of the district in which it is located, namely the parking requirements for Brookdale. 3-26-98 Page 4 ��' I The second area we believe needs to be reviewed is the appropriateness of having a very visible truck rental operation as part of a regional shopping center. Brookdale, as the applicant points out and as the commission is well aware, is in the preliminary stages of planning a major and much needed renovation to the shopping center. A question that should be addressed is whether or not the truck storage associated with such a use is detrimental to the image necessary for a successful regional shopping center operation. To my knowledge there are no truck rental operations with very visible outside storage of vehicles associated with other regional malls such as the Mall of America, Southdale, Rosedale, Ridgedale, etc. That isn't to say that it can't be done, but without some screening or proper location of the storage area, the use might very well be considered injurious to the use and enjoyment of other property in the immediate vicinity. Yes, there are other automotive related uses in the immediate vicinity, such as Sears Automotive, Firestone, Good Year, Valvoline Oil Change, and the Brookdale Car Wash, as the applicant points out, but there are no truck storage facilities in these areas with as many as 15 trucks and three trailers being housed on the property (not the five to ten the applicant cites), which do have a negative visual impact that may well negatively impact on Brookdale overall. On the other side of the coin, the applicant points out that Sears management favors the operation and that possibly Mr. James Schlesinger, the new owner of Brookdale, may not object to having such an operation involved with the proposed renovated Brookdale. Any expansion of Brookdale, which is being contemplated, will need to address the ordinance parking deficiency previously noted. This could be done by providing ramp parking, seeking a variance from the parking requirements, determining another possibly more favorable parking requirement for a regional mall or pursuing the Brookdale redevelopment plans through a Planned tint Development process that may seek an appropriate conforming parking requirement based on any one or a combination of the above factors. This, however, may not be an immediate solution to the applicant's request. From a practical standpoint, the parking of these vehicles on the site will probably not-cause a parking shortage for Brookdale or Sears customers. The Planning Commission should evaluate and discuss the request in light of the factors presented. Options available to the Commission include: 1. Recommend approval of the applicant's request citing the standards for special use permits and acknowledging the factors provided by the applicant. 2. Recommend denial of the application based on the fact that Standard E cannot be met because of the ordinance related parking deficiency. The Commission could also cite non-compliance with Standard B, noting that the proposal is injurious to the use and enjoyment of Brookdale Shopping Center as a major regional mall. 3. Try to work out an acceptable compromise that will allow the Budget Car and Truck Rental proposal, but offset the negative aspects of that proposal such as requiring 3-26-98 Page 5 screening of the truck storage area from public view with an appropriate opaque screening device. 4. Allow the application to go forward citing the need to deal with the parking deficiency, which could be done in the future by deferring this until Brookdale's plans for expansion are pursued. 5. A combination of some of the points above or pursuing the matter in some other manner yet to be determined. Discussion, direction and/or further study are all other options open to the Commission for consideration of this matter. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent. City Council action on this matter must be taken by May 11, 1998. 3-26-98 Page 6 • • a •dsISSiS� � /' �'' ^f _ .• +ate. Sfh L/ J 9,' ITS s--r�r !r�— -- ?? If % `. —I�� �.•ar-••rt a?roe Jv—r'— — , I / ;.•T�'r' az: , a''_. 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J(•I r .�; —�—�^`�.7'�,�✓"'�-,1 \� = -moo-�1—� ti \ 1_'° � \ '�°� W ✓ W v J G� � I X m � � y I _a a i n 1 1 �. - .y. ,c�,�- a • s C!TY 6301 SHINGLE CREEK PARKWAY OF _ BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569-3300 CENTER FAX: 569-3494 EMERGENCY - POLICE - FIRE July 23 , 1992 911 Laura Ha_nack Budget Rent a Car 1297 Brockdale Brooklyn Center, :"1 5 5�3 0 Re: Storage of trucks for lease Dear Ms . Harnack, This letter is to inform you in writing that the storage of trucks for lease in the parking lot across from the Sears ?auto Center is not permitted under the special use permit approval granted by the C1ty in 1906 w:I_C1 allowed the Car rental operation. condition No . 2 of that approval (See Council minutes attached) states: "Storage : O-- inventory cf cars f-or rent shall be confined to the area under the Canory. " The canopy r e=erred to is the one attached to the nor-t nor-th side o= the Sears Auto center. Ve-hicle storage in this location is permitted. Vehicle storage outside this area is not permitted. The reason for this Condition is that the Brookdale Shemping Center is deficient in parking under the parking requirements of the Citv' s Zoning Ordinance. Using any spaces outside the canopv area for storage aggravates this deficiency and is, there=ore, contrary to the spirit and letter of both the Zoning Ordinance and the conditions of approval which govern the Budget Rent a Car cmeration. You are iherebv ordered to remove the rental tr:cks, and any other vehic?es u_*:der your control, from th e pa=king lot area outside the canopy attached to the Sears Auto Center by September 1, ?c02 . :_ vcu wish to ammeal this order or seek an amendment to the existing sceclal use permit, you may do So by f'il'ing an appropriate Planning CCu^issZcn ammlication Zn this department at least I4 days prior to a regularly_ scheduled Planning Corumission meeting along with SLIDDC-4— cJri-ten arguments and the required application fee. You �- shOul d know in advance that pursL'Zt of parking rights outside of the Canopy_ area wil1, in all likelihood,keliihood, result in a reevaluation CL one ent're parking situ zion at Brockdale and tae reasonableness ,.f t:Le C:._=ent park_nc formula. This will :.ot be •a S?mpl°_ u^C°_rtak'_::c and may ta:C°_ some ?encz.`, of z_-1e to resolve. T'e •%61LL irlC.T I` - au a arnack Page 2 7L, 22 1992 -ecail parking formula has already been considered by the Ci-v Council three times in the oast six years. Flhet:__ here will be anv sympathy for another change now is very uncer-ain. _= vou- have any questions regarding the order contained in this otter, the candltlons of approval, or the procedure =o: seek* relief, please contact me at this office. Your cooperation i n this matter will be much appreciated. Sincerely, Gary Shalicr ass Planner cc . Ronald 3. wa_ren, reccor o= Planning a.^.d .nspections I Planning Commission Information Sheet Application No. 86014 Aoolicant: Budqet Rent a Car (Sears) Location: 1299 Brookdale (Sears Auto Center) Request: Special Use Permit The applicant requests special use permit approval to operate a c+ar rental business out of the Sears Auto Center in Brookdale. The property in question is zoned C2 is bounded by Xerxes Avenue North on the west, by County Road 10 on the north, and by Highway 100 on the southeast. Automobile and truck rental and leasing is a special use in the C2 zoning district. The proposed car rental business would operate out of the retail sales portion of the auto center. The inventory of cars for rent would be stored under the existing canopy at the north end of the auto center. No additional parking is required since no building addition is proposed and the car rental use requires no more parking per 1 ,000 sq. ft. than the existing retail use. The applicant has submitted a letter (attached) explaining the operation of the special use dated March 4, 1986. A second letter, dated March 12, 1986 (also attached) explains that the operation will be conducted in the existing sales/ service building rather than in a small outside building located under the canopy. The applicant was advised by staff that the small , transportable building he initi- ally proposed did not meet building code requirements and would have to be sinnifi- cantly modified. The question of parking requirements for additional building space was also raised. The applicant decided, in the interests of time, to locate the rental office inside the existing building and use the available area under the canopy for storage of inventory. Staff do not see any conflict with the standards for special uses posed by the proposed car rental business. It should have no measurable inpact on the improve- ments or traffic circulation within Brookdale Center. Approval is, therefore, recommended, subject to at least the following conditions: 1. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 2. Storage of inventory of cars for rent shall be confined primarily -_ to'.the .area under the canopy. 3. Special use permit approval acknowledges rental and leasing only. No sales of automobiles or other vehicles is acknowledged by this action. 3-27-86 under the City's Zoning Ordinance. He stated such controls might be sought under a deed restrict ion, but that there may we" const itutional problems even with such a private agreement Commissioner Sandstrom stated that he felt the applicant had made a good attempt to complement other units along Russell Avenue North. He added that a three bedroom unit is good for resale value. ACTION RECCMMENDING APPROVAL OF APPLICATION NO. 86013 (Stephen Cook) `lotion by Commissioner Sandstrom seconded by Commissioner Nelson to recommend approval of Application No. 86013, subject to the following conditions: 1 . The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The plat of the property shall receive final approval and be filed at the County prior to the issuance of building permits. 4. The existing sewer service to the half-lots on the south side of the property (old legal description: North half of Lot 4, Block 2, Robert L. F.ansen's First Addition) shall be disconnected at the main prior to the issuance of building permits unless separate sewer systems are provided for the two units. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson, Bernards and tvallerstedt. Voting against: none. The motion passed. The City Engineer left the meeting at 8:40 p.m. APPLICATION NO. 86014 (Budget Rent a Car/Sears) The Secretary then introduced the last item of business, a request for special use permit approval to conduct a car rental business it the Sears Automotive Center at Brookdale. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 86014 attached) . The Secretary also showed the Commission a transparency of the parking area under the canopy north of the auto center building. He recommended that the Commission alter Condition No. 2 to confine storage of inventory only to the canopy area. Commissi ones Bernards asked whether the car rental office would occupy a portion of the auto center. The Secretary answered in the affirmative, stating that there would be a booth in the retail portion of the center. Commissioner Bernards asked what vehicles would be rented. The Secretary stated that only cars would be rented to his knowledge. The applicant also stated that small and mid-size cars would be rented, no trucks or recreational vehicles. In response to another question. from Commissioner Bernards regarding storing cars under the canopy, the Secretary stated that he felt it should be limited to this area so that there would be no impact on the parking lot. Commissioner Bernards asked whether there was an off-si to lot which the business would draw cars from. Ch, i:MaLn Tucht noted that such a lot is referred to in the applicant's letter. Chairman Lucht there asked the applicant* whether he had anything to add. 3-27-86 -5- Mr. Joseph Finley, an attorney for Budget Rent a Car, stated that his client would accept the conditions listed in the report. He asked that the word "primarily" be • left in Condition No. 2 in order to allow _`or flexibility. _ There followed a lengthy discussion as to the storage of inventory and whether it should be confined strictly to the area under the canopy or whether some cars could be allowed outside of the canopy. Mr. Finley stated that cars would not normally be outside the canopy, except on occasional days when an extraordinary amount of cars came in. The Secretary stated that he would rather have the condition limit the storage to the canopy so that the City could limit the storage to that area. The Secretary stated that he did not think the enforcement of the condition would be rigid, but that the option should be there to prevent a consistent practice of storing cars outside the canopy from developing. The Secretary also expressed a concern that storing the cars outside the canopy would have an impact on the parking lot. he stating that there was a conflict which dealers constantly face between storing inventory on their lots and providing customer parking. Commissioner Bernards stated that the record could show that the Commission understands that there will be occasional si tuations when a car or two may be parked outside the canopy. The Secretary stated that this understanding could be acceptable, but urged that the condition. not explicitly allow for such storage outside the canopy. Mr. F in_ey consented to the dropping of the word "primarily" in Condition No. 2. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 86014 (Budget Rent a Car/Sears) Motion by Commissioner Nelson seconded by Commissioner Sandstrom to recommend approval of Application No. 86014, subject to the following conditions: 1 . The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 2. Storage of inventory of cars for rent shall be confined to the area under the canopy. 3. Special use permit approval acknowledges rental and leasing only. No sales of automobiles or other vehicles is acknowledged by this action. Voting in favor: Chairman Lucht, Commissioners Sandstrom, Nelson, Bernards and Wallerstedt. Voting against: none. The motion passed. RECESS The Planning Commission recessed at 9:01 p.m. and resumed at 9:11 P.M. Commissioner Wallerstedt left during the recess because of illness. OTHER BUSINESS A Request for Central Neighborhood Advisory Group Review. The Secretary then reviewed with the Planning Commission the problem,of cut through traffic in the Central Neighborhood by cars moving from Brooklyn Boulevard to Brookdale Shopping Center and vice versa. ::e stated that this concern should be addressed by a meeting of the Neighborhood Advisory Group for the. central neighborhood and other residents in the neighborhood affected by the problem. 3-27-86 -6- '?TANNING C01MISSION APPLICATION NO. 8601'' SUBMITTED BY BUDGET RENT A CA? (SEARS) REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A CAP. RENTAL BUSINESS IN TEE SEARS AUTOMOTIVE CENTER AT BROOKDALE The City Manager noted this item was recommended for approval by the Planning i Commission at its March 27, 1986 meeting. The Director of Planning & Inspection referred the Council to pages five and six of the March 27, 1986 Planning Commission minutes and the informational sheet on Application No. 86014 attached with those minutes. He proceeded to review the application and also showed a transparency of the parking area under the canopy north of the auto center building. The Director of Planning & Inspection stated that a car rental business is a special use allowed in a C2 zone. He added that the Planning Commission recommended approval of Application No. 86014 subject to three conditions which he reviewed for Councilmembers. Councilmember Hawes asked if there had been any thought given to the construction of a wall or fence around the area. The Director of Planning & Inspection stated that this had not been indicated to the Planning Commission. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86014 submitted by Budget Rent a Car (Sears) requesting special use permit approval to conduct a car rental business in the Sears Automotive Center at Brookdale. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. Mayo: Nyquist recognized Mr. Jack Schmitz, a representative of the anDlicant. Councilmember Hawes stated he would like to ask Mr. Schmitz the same question regarding the wall or fence. Mr. Schmitz stated that at this time there were no plans to put a wall or fence around the area. He stated that Budget Rent a Car operates in six locations throughout the Twin City ,. area, and added that if a problem develops they will have to address the situation. Councilmember Hawes asked the Director of Planning & Inspection if a wall .or fence would be permitted. The Director of Planning & Inspection stated that a security fence would be allowed. The City Manager stated that before a fence is erected the City should be allowed to try other ways to solve the problem. Councilmember Lhotka asked if he was correct in saying that there would be 12 cars allowed in the area. Mr. Schmitz stated that it would be a rare instance when there would be .12 cars in the lot. He noted that Budget Rent a Car makes their money with cars on the road not parked in a lot. He noted that usually there would only be three to four cars in the lot. Councilmember Scott asked what the hours of the Budget Rent a Car business would be. Mr. Schmitz replied that Budget Rent a Car would be open from 9:00 a.m. to 7:00 p.m Monday through Friday; 9:00. a.m. to 3 or 4:00 p.m. on Saturday, and possibly 12:00 noon to 3:00 p.m. on Sunday. Mayor Nyquist asked if there was anyone else present at the meeting this evening who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 86014 submitted by Budget Rent a Car (Sears) . The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 86014 submitted by Budget Rent -7-ro -13- • a Car (Sears) requesting special use permit approval to conduct a car rental business in the Sears Automotive Center at Brookdale, subject to the following conditions : 1. The special use permit is subject to applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 2. Storage of inventory of cars for rent shall be confined to the area under the canopy. 3 . Special use permit approval acknowledges rental and leasing. only. No sales of automobiles or other vehicles is acknowledged by this action. The motion passed unanimously. The City Manaaer noted that the week of April 20 through the 27th is Volunteer Recognition Week. A D J 0U:ZVM 7 NT- There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn. Center City Council adjourned at 9:48 p.m. City Clerk Mayor 4-7-86 -14- 0Eric Prestegaard St Store Manager 1297 Brookdale Center Brooklyn Center, MN 55.130 512-572-3110 Dennis Goneau Budget Rental Sears location Dennis, We are certainly interested in the continuing operation of the Sears/Budget vehicle rental facility in our Automotive Center at Brookdale Mall. In your many years of residence here (and prior to my arrival in 1989) , Budget has contributed significantly to our sales and profit success. In addition, the canmunity has been well served by the availability of quality rentals and the contributions to sales tax revenues. I do not recall one single customer service dispute in my 9 years here related to your operations. I appreciate the professional management of your business and the way you take care of our customers. I would hope that we could work together with all parties (Budget, Sears and the City of Brooklyn Center) to resolve any issues related to the use of our property. Sears has agreed to your use of our out-parcel, outside of the mall ring-road, and I believe that accomodates parking for all other customers near our store or Automotive Center. Again, I appreciate your relationship with Sears and your service to our customers. Sincerely, D. Eric Prestegaard Budget Rent a Car Corporation Bud et. CORPRATE Or k `Car and Truck Rental Date: 3-10-98 To: Mr. Ron Warren, City of Brooklyn Center From : Dennis Goneau,Budget Car sand Truck Rental Subj : Application For Special Use Permit In September on 1986 a Budget Rent-A-Car franchisee began a car and truck rental operation at Brookdale mall. The operation was housed at the Sears Automotive Center and vehicle parking was designated in ajacent areas by their lease holder Sears Roebuck and Company. Some years later Budget Rent-A-Car of Minnesota was reaquired by Budget Rent-A-Car Systems Inc. Included in the acquisition was the Brookdale operation. In the fall of 1994 I became a Location Manager with Budget and was given charge of the day to day operation and growth of this location. In January of 1995 I scheduled a meeting with Sears management to discuss our respective operations and to explore future enhancements to both of our businesses. The meeting was attended by myself, Sears of Brookdale General Manager Eric Prestegard,and our new General Manager Tim Stommel. During the meeting we were asked why we did not rent trucks at this operation like other Sears-Budget locations in malls throughout the country. This was a question we were not prepared to answer. We speculated that it was probably a business decision made by previous management or previous ownership,or that a truck operation was not allowed by the mall. Eric explained that we were operating entirely on Sears property and that any permissions needed to operate were at the disgression of Sears management and not the mall. We were then given the go-ahead by Sears to persue this ` action if we chose to do so. In a reveiw of limited past financial data we determined that the previous ownership and management had operated truck rental at some point of our history with limited success. And then at a later date chose to cease that part of the operation. We decided shortly thereafter that there was potential for a successful truck operation at Brookdale and proceded accordingly. We have operated successfully and without incident since January of 1995 and have provided quality rental services to the community of Brooklyn Center. In December of 1997 we were contacted by the city of Brooklyn Center and informed that we were in violation of a special use permit granted to the original owner in 1986. Since that notification we have been in contact with all interested parties(The City of Brooklyn Center, Sears,and Talisman Companies)to come to an understanding of how we have reached this point in our history and how we will proceed going forward. At this time Budget Car and Truck Rental would like to formally apply for an expansion of our special use permit to include truck rental from Brookdale Mall. To follow is documentation that supports our continued operation and rational to meet the standards for special use permits listed in section 35-220. Sincerely, � 1 i �1-:;�,. �� ,� Secticn 5-220. 3?'CIAL USE PEMMZ73 2. Standards for Soecial use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: �. (a) The establishment, maintenance or operation of the special use will promote: and enhance the general wel:are and will not be detrimental to or endanger the public health, safety, morals, or ccmfort. (b) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. (c) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (d) Adequate measures have been or will be taken to Provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. (e) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the C'_tt Council may i:roose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the soecial use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ord- inance. In all cases in which special use permits are granted, the Ct_r Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connec- tion therewith. 4. Resu:^.mission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months 'from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. S. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the pro- visions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the sub- ject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee of $15.00. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn. Center shall expire within one year of the effective date of this ordinance if construction upon the sub- ject property pursuant to such special use permit has not commenced within that time. . in any instance where an existing and established special use is abandoned for a period of one year, the special use pe nnit re- lated thereco shall expire one year following ment. the data of abandon- Y I • 9320 HNNGLE PE:K. F��NAY XCKI ICENTE^.'.11.'l EJGTA 012 0 0':c AX 012.E01 --F February 12, 1998 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 To Whom It May Concern: We would like to express our concerns on the relicensing of Budget Truck Rental, Brookdale Center. We have been a valid customer of Budget Truck Rental for over six years. We do $20,000 - 525,000 of business per year with them and an average of renting trucks at least once per week. It is very vital to our business to have them as close as they are. Time is of essence to us with the • large amounts of audio visual equipment we transport all around the city. We believe if Budget Truck Rental was to abolish, it would cause a hardship to our company. We, at Audio Visual & Film Group would like to see that Budget Truck Rental, Brookdale Center remain in Brooklyn Center so we could continue our good working relationship them. Sincerely, ROB CINCOTTA Transportation Director Audio Visual &Film Group RC:kjd