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HomeMy WebLinkAbout1999 11-10 PCP 4W PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER NOVEMBER 10, 1999 (WEDNESDAY) REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - October 28, 1999 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. Wickes Furniture Company, Inc. 99010 Request for a Special Use Permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center. 6. RSP Architects (On Behalf of RqEJ King) 99011 Request for Site and Building Plan approval and a Special Use Permit for the last building at the Brookdale Comer redevelopment site at the southwest comer of Xerxes Avenue and County Road 10. 7. Other Business 8. Adjournment • • • Application Filed On 10-21-99 City Council Action Should Be Taken By 12-20-99(60 Days) Planning Commission Information Sheet Application No. 99010 Applicant: Wickes Furniture Company ,Inc. Location: 4837 France Avenue North Request: Special Use Permit The applicant,Mr. Frank Wega,on behalf of Wickes Furniture Company,Inc.,is seeking a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center located at 4837 France Avenue North. The property in question is zoned I-2 (General Industry)and is bounded on the north by the Soo Line Railroad with various open space and industrially zoned property on the opposite side of the railroad tracks; on the east by vacant land that is part of the old Joslyn Pole Yard that is being subdivided for future development purposes; on the south by R-4 zoned property containing an apartment building,vacant land and some single family homes; and on the west by a proposed outlot containing wetland and floodway that abuts Twin Lake. BACKGROUND The City Council on May 24, 1999, approved Planning Commission Application No. 99005 which was a request for site and building plan approval to construct an approximate 203,000 sq. ft. wholesale furniture distribution center for Wickes on an approximate 12 acre portion of the old Joslyn Pole Yard. Subsequently the owner of the property submitted a replatting application (Application No. 99007)to combine and subdivide the Joslyn Pole Yard property,the Davies Water Company site and an off site accessory parking lot for the Northwest Athletic Club into three lots and an outlot. The proposed Lot 1 of that plat is the site for the Wickes Distribution Center which is under construction and should be completed for occupancy in the near future. This wholesale furniture distribution center is a permitted used in this I-2 zoning district and the applicant is now seeking authorization to allow retail sales at that site per Section 35-331, Subdivision 3b of the city ordinances(copy attached). That provision allows, as a special use, "retail sales of products manufactured,processed or wholesaled at the use site." SPECIAL USE PERMIT STANDARDS The applicant has provided two letters (October 20 and October 26, 1999)explaining their proposal and addressing the standards for special use permits contained in Section 35-220 of the city ordinances(attached). He explains that in their normal business operations Wickes • 11-10-99 Page 1 • accumulates furniture and accessory items that are slightly damaged, customer returns or one of a • kind items that cannot be sold as new merchandise. They would like the opportunity to offer these items for sale at retail to customers and employees. Mr. Wega further explains that these reduced price clearance items would be displayed adjacent to their customer lounge as shown on the floor plan provided(attached). The sale of this merchandise would not be advertised and there would be no exterior signage promoting the sale of this merchandise. The standards for special use permits require that the proposed special use not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish and impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Mr. Wega in his second letter shows more specifically how they believe their proposal will meet these standards. He stresses that the sales will be low keyed and be directed to people already on the site. It is not intended to draw additional customer traffic to the property. No additional signery promoting the sales will be provided and the activity should not require any additional parking nor should it have a negative affect on surrounding property. We believe the standards for special use permits can be met given the information provided and as long as the retail sales activity is directed towards customers already on the site and employees. We see no adverse impacts with respect to this proposal. It should be noted that Wickes will be entitled to have sales and advertising for sales subject to the administrative land use permit process which limits such sales and advertising to two times in a calendar year,not to exceed ten consecutive days per event. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RECOMMENDATION All in all we believe the application is in order and would recommend approval subject to the following: 1. The special use permit is granted for the limited retail sale of furniture and accessory items that are slightly damaged, customer returns, one of a kind items and similar merchandise per Section 35-331, Subdivision 3b of the city ordinances. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this special use permit. 11-10-99 Page 2 • 2. The special use permit is subject to all applicable codes,ordinances and regulations and any violation thereof shall be grounds for revocation. 3. The retail sales shall be confined to the area next to the customer lounge as indicated on the submitted floor plan. 4. No banners,pennants, streamers,balloons or other attention attracting devices may be used in conjunction with the retail sales allowed on the site other than that which is authorized under administrative permits comprehended under the city's zoning ordinance. 5. This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the city ordinances. • 11-10-99 Page 3 IA x �b ewe fRANCE / . e BUItOWST LA. r N. AV- SETH. AVE. N AWAM / Z C� ACNIf/CMT' , SM. AVE ZJJ Is r J�✓� r 06 N. C ff'J��Ji�f� J i/�/�•�'"'/�� i r r , Planning Commission a Application No. 99010---- AVE. N. f�5 1 ri I I I I I I I I = 1 04 ST. r � • r %J F VE. iAH►�iarfae 1 stsT J ! y MIDDLE TWIN LAKE I2 y; r LAKE8REEZE AVE. N. r f ,•,, 02 r ,;,, ;; fJ %:;: . 47TH AVE. N. J ' l J• J/% T r1r#LAtl RS f' `� fir`• �" `'� �arA�er RYAN LAKE 46TH AVE � 461H AVE. N. � • r,rrr t� � � --.- �- ,6TH AVE. TTY o r,r-. r--r, �- u III mu mw oil MEN i {$'j f �' tt K ..N:.w*wtlN w•.4 NN111tlN g e' ..�� ts JV ,•-�:.. Om•aaut:.w L''s..�.st - N Ium f + Obi T* oil ♦ s t m jig d r0 d er _ ® Q 11 11 I I 11 11 I 1 iii Ell a 11 01 I! I ., �I �t � �� ieii■ • 11 11 II 1 ■ . o II11I I � 11 11 I; 1 11 IN I' 1 In ° in IN 1l11r I I. © IN iii NONE 0 0 0 © o o 0 0 SE�TIc�+�35-331 2. Special Requirements a. See Section 35-413 of these ordinances. 3. Special Uses a. Foundries, provided that the foundry operation is a necessary incident to a principal use permitted in the I-2 district. b. Retail sales of products manufactured,processed or wholesaled at the use site. c. Accessory off-site parking not located on the same property with the principal use, subject to the provisions of Section 35-701. Section 35-340, 0-1 PUBLIC OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, playgrounds, athletic fields, and other recreational uses of a noncommercial nature. b. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial use. Such accessory uses to include but not be restricted to the following: 1. Off-street parking. 2. Public recreational buildings and parks,playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35-341. 0-2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, .playgrounds; athletic fields and other recreational uses of a noncommercial nature. b. Commercial recreational facilities of a semi-open nature such as golf courses and golf driving ranges. 35-44 Section 35-220 2. Standards for.Special 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 public welfare and will not be detrimental to or endanger the public health,safety,morals or comfort. 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 tmffic 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 City Council may impose such conditions and restrictions upon the establishment,location,construction,maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted,the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use pemut 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. 5. Revocation and Extension of Sp9rial Use Permits When a special use permit has been issued pursuant to the provisions 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 subject 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 in an amount as set forth by the City Council resolution. 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 subject 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 permit related thereto shall expire one year following the date of abandonment. AMMMY N RE October 20, 1999 City of Brooklyn Center-Planning Commission 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Planning Commission Application- Special Use Permit Wickes Furniture Company, Inc. is requesting a Special Use Permit to allow the retail sales of clearance merchandise on a limited basis at our Distribution Center located at 4837 France Avenue in Brooklyn Center. The Wickes Furniture DC is located on property that is zoned I-2 (General Industry), which restricts retail sales. It has been our experience that during the normal process of shippirig and receiving furniture that we accumulate furniture and accessory items that are slightly damaged, customer returns, one-of- kind, etc. that cannot be sold as new merchandise. We prefer to sale these items as clearance merchandise to our customers and employees at a significant savings. The reduced priced clearance items would be displayed in an organized manner adjacent to our customer lounge(See attached illustration). The sale of clearance merchandise at our Brooklyn Center facility would not be advertised and there would be no exterior signing promoting the sale of merchandise. Since the clearance merchandise would be primarily available to customers picking up their furniture or Wickes Furniture employees, I would not visualize an increase in traffic flow or a greater demand for parking spaces. If you have any questions or require further explanation, please contact me at 847-520-6899. Sincerely, ` 9, Frank S. Wega Director-Facility Operations 351 W.Dundee Rd •Wheeling,IL 60090-6798 o 847-541-0100 OFNJAURE October 26, 1999 Mr. Ronald A. Warren City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Wickes Furniture Distribution Center- Special Use Permit Wickes Furniture Company, Inc. is requesting a Special Use Permit to allow the retail sales of clearance merchandise on a limited basis at our Distribution Center located at 4837 France Avenue in Brooklyn Center. The Wickes Furniture DC is located on property that is zoned I-2 (General Industry), which restricts retail sales. Below, I've attempted to demonstrate to the City Council that Wickes Furniture Company, Inc. has met all the criteria required for a Special Use Permit to sale clearance merchandise at our new facility located in Brooklyn Center. a. The sale of clearance merchandise at our Brooklyn Center Distribution Center will be on a very limited basis. It will not be advertised through a media or promoted by signing or banners on the exterior of the building. The merchandise will be primarily made available to our customer's picking-up furniture at the Brooklyn Center DC or our employees. The merchandise will be displayed in an organized manner adjacent to our customer lounge with proper signing(Refer to attachment). The merchandise will consist of slightly damaged furniture and accessories, one-of-kind pieces, customer returns, etc. that cannot be sold as new merchandise. We prefer to sale these items at significant savings to our customers and employees. The small clearance area will be maintained at the same high standards as all Wickes Furniture facilities are. . b. Since the sale of clearance merchandise will not be advertised or promoted with exterior signing, the establishment of a clearance area will be transparent to adjacent businesses. 351 W.Dundee Rd •Wheeling,IL 60090-6798 847-541-0100 C. The establishment of a small clearance area(approximately 1,500 sq, ft.)in our 203,040 sq. ft. Brooklyn Center DC will not have a negative impact on adjacent businesses, since we will not promote or use external signing. The Wickes Furniture DC will be the first facility to be constructed on the old Joslyn Pole Yard property located at 4837 France Avenue North in Brooklyn Center. Wickes Furniture.Company, Inc. has the support of Real Estate Recycling the owner and developer of the Twin Lakes Business Park to secure a special use permit. d. Since the clearance merchandise will be primarily available to customers picking up their furniture or Wickes Furniture employees, I would not visualize an increase in traffic flow or a greater demand for parking spaces. parking stalls available to comply with code requirements We have an adequate number of pa g p Y q plus an additional 181 parking stalls were shown on the approved drawings as proof of parking. e. Since the primary use of our Wickes Furniture Brooklyn Center DC will be the warehousing and distribution of home furnishings, our facility fully complies with the I-2 (General Industry) zoning district. If you have any questions or require further explanation, please contact me at 847-520-6899. Sincerely, 0.0 L Frank S. Wega Director-Facility Operations Application Filed On 10-27-99 City Council Action Should Be Taken By 12-26-99 (60 Days) Planning Commission Information Sheet Application No: 99011 Applicant: RSP Architects(On Behalf of Red King) Location: Southwest Quadrant of Xerxes Avenue North and County Road 10 Request: Site and Building Plan Approval/Special Use Permit The applicant, RSP Architects on behalf of Red King,is seeking site and building plan approval and a special use permit for the last remaining building at the Brookdale Corner redevelopment site,which is located at the southwest corner of Xerxes Avenue North and County Road 10. The plan is for a 3,314 sq. ft. Burger King convenience food restaurant at the location shown as"fast food"on the original site plan for this redevelopment. The property in question is zoned C-2(Commerce)and is bounded on the north by County Road 10 and an office building located at the corner of County Road 10 and Brooklyn Boulevard; on the east by Xerxes Avenue; on the south by Baker's Square, 56th Avenue North and the Marquette Bank property; and on the west by Brooklyn Boulevard. Convenience food restaurants are special uses in the C-2 zone. BACKGROUND Brookdale Corner,LLC was granted site and building plan approval under Planning Commission Application No. 99002 on March 22, 1999, for the redevelopment of the Westbrook/Dayton's Home Store site with four new buildings totaling 96,275 sq. ft. The four new buildings on the approved plans included a 68,850 sq. ft. Cub Foods store, a 14,550 sq. ft. retail building labeled "Retail A", a 10,500 sq. ft.retail building labeled"Retail B"and a 3,325 sq. ft.building labeled "Fast Food". Two other buildings on the site were to remain, a 12,170 sq. ft.building housing Hirshfield's and a 7,715 sq. ft. office/retail building. Full site and building plan approval was granted for the Cub Foods Store,while conceptual approval including the site location and square footage for the other three buildings was granted at that time. The applicant was informed that they would be required to seek additional approval for the remaining buildings when details, such as building elevations,materials and user in the case of the fast food building were proposed. The buildings designated as"Retail A" and"Retail B"were approved by the City Council on August 23, 1999,under Planning Commission Application No. 99008. The design of and user for the"Fast Food"building have now been provided and this is the subject of the Planning Commission application in hand. 11-10-99 Page 1 ITE AND BUILDING PLAN The applicant has submitted a site plan showing again the location and configuration of the various buildings making up the Brookdale Corner redevelopment plan. The plan is for a Burger King restaurant on the building pad designated as"Fast Food". The square footage of the building is 3,314 sq. ft., slightly less than that approved as a footprint for this building. Their proposal modifies slightly the originally approved site plan. The building is the same orientation on the lot,but it has been moved to the west slightly to accommodate parking in front of the building and to eliminate cross traffic in the drive thm lane. The proposal does not change traffic circulation or the number of parking spaces required. The facility will include an interior playland which is a prominent feature shown on the building elevations. This area extends above the roof line of the Burger King facility and has a mansard style roof carried around all four sides of the structure. It will be located on the north side (County Road 10 side) of the structure. Modifications have been made to the exterior design and finishes of a standard Burger King building to conform to the design criteria established for this development. The exterior treatment will be primarily a four inch high rock faced concrete masonry unit(CMU)of a natural gray color with burnished and scored CMU banding at the top of the building which will also be a natural gray color. A burnished CMU banding will be located around the lower portion of the building and will be a gray balsam color. Slate select shingles will be used as a mansard treatment around the entire portion of the playland part of the building. These roofing tiles will be a tudor blend. Similar slate shingles will be provided in canopy areas along the front and side elevations. An 8 ft. high CMU screened fence and trash enclosure is located at the south end of the building. It contains a solid trash enclosure gate and the color of the rock faced CMU will be a natural gray with a burnished gray balsam band around the bottom consistent with that carried around the entire building. A colonial red metal coping will be provided around the top of the play area structure with a sierra tan metal coping around the balance of the building. An exterior insulated finish system(EIFS)panel in the approximate middle of the building colored a rainbow blue is an architectural type feature on the building. The building elevation shows a Burger King sign affixed to the top of this structure. It has been pointed out to the architect that a sign affixed to such a structure would be considered a roof sign which is allowed only in lieu of other permitted freestanding signery. What we know of the freestanding signery allowed for this complex,will not allow such a sign. All signery must be in compliance with the city's sign ordinance (Chapter 34). SPECIAL USE PERMIT STANDARDS The applicant has submitted a letter explaining their proposal and addressing the standards for special use permits contained in Section 35-220 of the city ordinances(attached). The standards 11-10-99 Page 2 e detrimental to or endanger the for special use permits require that the proposed special use not b health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values;not impede the normal and orderly development of surrounding property;be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Their letter notes that they are not an endangerment to the public health, safety, morals or comfort of the community as Burger King has operated numerous franchises within the Twin City area. They note that the redevelopment of the Brookdale Corner site anticipated a convenience food restaurant at this location-and they believe they will be an asset to the community. They note that they will not create any hindrance to development of surrounding property or to property values in the area and that their development does not affect the ingress of egress of the total development nor parking on the site. Also,they point out that they will comply with applicable building codes and zoning regulations. Furthermore,the exterior appearance of the building is designed in conjunction with the Brookdale Corner redevelopment. We concur with their comments and do believe that this proposal meets the standards for special use permits contained in the city's zoning ordinance. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RECOMMENDATION We believe the plans are in order and approval is recommended subject to the following conditions: 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. Plan approval acknowledges all other conditions imposed on the applicant under Planning Commission Application No. 99002. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of all site improvements related to the construction of this convenience food restaurant. 4. This special use permit is granted to the applicant for a convenience food restaurant with drive-up window as contained on the plans submitted. Any expansion or alteration of this use not comprehended by this application or permitted under the zoning ordinance shall require an amendment to this special use permit. 11-10-99 Page 3 5. This special use permit is subject to all applicable codes,ordinances and regulations, any violation thereof could be grounds for revocation. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the city ordinances. 11-10-99 Page 4 s� 1111 1111 ��� 1111l1�1 ����/�� •;•, G�� � Ii�� rr11�• ,, � all j���11 Islas► ..r ,: �;•;.;;� r`� �� 11■ 1111 I� �y+♦+ ■ � � � ' ' , III 1� r��+♦ i���'�ii% ''-'-- 111/1�1� M lid] B M �� �� �� MCC cm Mm INS mM r� M I�X11111, �� �� ��MINE 111111 M ism m SEE M 111l d i %;iii LZ - _ = trite �_ 1■ IN i� i 11 r 1 MON 1111M VA -: isk ■ •��i►�� WAR� •• %ot A N tiW,-C, 11 111 II�IIII��i :� 0A 9� .11111 IIIr MEN low mom IN sua IS IN ROSE MISIM � .'+ � ♦11111' i��sY` d ♦♦t; 11 X11. 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The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health,safety,morals or comfort. 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 crags congestion in the public streets. e. The special use shall,in A other respects,conform to the applicable regulations of the district in which it is located. I Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment,location,construction,maintenance and • operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted,the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve(13)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. 5. &vocation and Extension of Special Use Permits «hen a special use permit has been issued pursuant to the provisions 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 subject 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 paving an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant tc 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 subject 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 permit related thereto shall expire one year following the date of abandonment. Rf P • 26 October1999 Mr.Ron Warren,City Planner City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center,MN 55430 Michael J. Plautz,A.I.A. Stephen J. Fautsch,A.I.A. RE: Special Use Permit/Site&Building Plan Approval Burger King Restaurant—Brookdale Comer Jim Fitzhugh,A.I.A. RSP Comm.No.5922.001.02 Robert M.Lucius,A.I.A. Dear Mr.Warren: David C. Norback,A.I.A. Pat Parrish Enclosed with this letter are the required design drawings,completed application,and fees to Richard Varda,A.I.A.,A.S.L.A. apply for the Special Use Permit and Site&Building Plan Approval for a proposed Burger King Restaurant at the Brookdale Corner Development. Terry Wobken,A.I.A. Red King,the Burger King Franchisee,wishes to thank you for your time in reviewing the request and uses this letter to respond in written form to the five Standards for Special Use is Permits: 1. Burger King is an internationally known Fast Food Franchisee operation with thousands of stores operating all over the United States. Burger King Corporation has long established high standards for consistency in construction,operations,maintenance,and food production to promote their Brand. These standards were set to insure that the Brand(Burger King) would not present a detriment or endangerment to the public health,safety,morals or comfort. Red King is a Burger King Franchise that owns and operates numerous Burger Kings in the Twin City area and they are well versed in these Burger King Standards. 2. It is the Franchisee's understanding that the Development known as Brookdale Comer was originally approved to have a fast food restaurant in this out lot location. This application is requesting that Burger King be that approved operator. Modifications have been made to the exterior design and finishes of the Standard Burger King Building to conform to the design criteria established by the Developmea The history of Burger King Corporation and this Franchisee is to be a good neighbor,offer a needed service,offer employment opportunities,and become a new community partner. 3. The proposed development of the Burger King on.this out lot meets with the original intent of the approved Development and does not create any hindrance to the development of the surrounding properties or property values. 4. The proposed Site Plan is suggesting a modification to the originally approved Site Plan. The building is in the same orientation to the lot but it has been moved to the west to RSP Architects Ltd. 120 First Avenue North Minneapolis,MN 55401 httpl/www.rsparch.com FAX 612•339•6760 612•339•0313 Mr.Ron Warren • 27 October 1999 Page 2 accommodate all parking in front of the building and eliminate cross traffic on the drive- through lane. The Development does not affect the ingress or egress from the total Development and the parking count has remained the same as the origianl Development. 5. The Site Plan and the Building's exterior appearance have been designed in conjunction,with the original design intent of the Brookdale Comer Development. The Construction Documents will be completed to comply with all applicable local Building Codes. For over twenty years,RSP Architect's staff has been providing our professional design services to the Burger King Franchisee community and we are well versed in complying with these requirements. We appreciate your time in reviewing this request and are available to discuss any questions you may have. Sincere , L.C Freiberg,AIA As iate Enclosures Copy: Dan Becker—OMEGA Construction File WremkingbdiozIdaoc