HomeMy WebLinkAbout1999 04-15 PCP •
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
April 15, 1999
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - March 11, 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. Progressive Consulting Engineers, Inc. 99004
Request for Site and Building Plan approval for an approximate 1,200 sq. ft. addition to
the north side of the Target store, 6100 Shingle Creek Parkway.
6. Other Business
a. McDonald's
7. Adjournment
•
•
�l
•
Application Filed On 4-1-99
City Council Action Should
Be Taken By 5-31-99 (60 Days)
Planning Commission Information Sheet
Application No. 990.04
Applicant: Progressive Consulting Engineers,Inc.
Location: 6100 Shingle Creek Parkway
Request: Site and Building Plan
The applicant, Progressive Consulting Engineers, Inc. on behalf of Dayton Hudson Corporation,
is seeking site and building plan approval for an approximate 1,200 sq. ft. addition to the north
side of the Target store building at 6100 Shingle Creek Parkway. The property in question is
zoned C-2 (Commerce) and is bounded on the north by Summit Drive, on the east by the
Brookview Plaza Shopping Center, on the south by the Shingle Creek Center(which is attached
to the Target building) and on the west by Shingle Creek Parkway. Retail uses and accessory
uses such as conducted at Target are considered permitted uses in this zoning district.
BACKGROUND
The development of the Target store and the attached Shingle Creek Center were approved by the
City Council in 1985. In 1988 Target proposed and received approval for a 13,650 sq. ft.
addition to their building to meet needed space requirements for stock room or storage space.
Prior to the expansion in 1988, Target was as large as it could be based on the City's parking
requirements at that time. In order to accommodate the needed expansion, Target proposed, as
part of their expansion plan,to have a deed restriction on the use of the property to restrict
approximately 28,000 sq. ft. which was shown and designated on their building plan as stock
room or storage space only. This would allow the City to calculate the stock room or storage
space at one parking space for every 800 sq. ft. of gross floor area rather than at the retail parking
formula. The City agreed to this consideration and authorized the expansion provided an
acceptable Declaration of Restrictive Covenant limiting the use of the building to current and
future owners be executed and filed with the title to the property. This condition was met by
Target and the expansion was accomplished.
In 1990 the City amended the retail parking formula by reducing the parking requirement to 5.5
parking spaces per 1,000 sq. ft. of gross floor area for retail developments.
PROPOSAL
Target would now like to make a small building addition at the north end of the building and to
reconfigure the interior to increase retail space within the building. They wish to do so by
utilizing the same concept used in 1988 of allowing parking based on storage space requirement
for the stock room/storage space and a retail requirement for the balance of the space adjusted to
4-15-99
Page 1
reflect the 1990 retail parking formula revision. The new breakdown would now have 20,516 sq.
ft. of stockroom/storage space(as opposed to the approximately 28,000 sq. ft. in 1988)being
calculated at one space per 800 sq. ft. of gross floor area and 99,932 sq. ft. of retail or service
area calculated at 5.5 parking spaces per 1,000 sq. ft. of gross floor area. This would require a
total of 576 parking spices on their site.
The applicant has submitted a survey of the existing property and a site plan showing the
proposed addition along with existing parking space (517) and proof of parking spaces (63)
totaling 580 parking spaces for the entire site. Their proposal is,therefore,within the parking
limits if the deed restriction concept would be extended. Attached is a copy of the current
Declaration of Restrictive Covenant which would need to be modified, executed and filed with
the title to the property before building permits could be issued for an expansion, if this
application is to be approved.
Another matter that would need to be addressed is the existence of another restrictive covenant
that insures a 60 ft. clear area free from the construction of buildings around the Target store and
the Shingle Creek Center. This is a building code requirement that allows unlimited square
footage for the buildings. This was necessitated when the property containing the Target store
and the Shingle Creek Center was subdivided in 1985 creating a property line separation where
the Target store and Shingle Creek Center are attached. This declaration entitled First
Amendment to Restrictive Covenant Insuring Compliance with Section 506 (b) of the Uniform
Building Code may need to be modified to reflect the new building configuration and be
executed and filed with the title to the property also.
LANDSCAPING
As part of the site plan review process, we have requested the applicant to evaluate and update if
necessary the on-site landscaping based on the landscape point system. The site is 9.02 acres in
area and requires 582 landscape points. The existing landscaping points on the site amount to
616.5 although the landscaping does not meet the required breakdown. The site is short of
coniferous trees and decorative trees as well as shrubs. The applicants have,therefore,proposed
to add an additional 74.5 points to the site to bring it in line with the landscape point system
utilized by the Planning Commission for making recommendations with respect to landscape
plans. Six Black Hills Spruce trees are proposed for the landscape area at the northeast side of
the site, adding 48 points of the 74.5 additional required. Nine crabapple trees, or decorative
trees are to be added along the greenstrips on Summit Drive (5) and Shingle Creek Parkway (4)
accounting for an additional 13.5 points. Twenty-six Dogwood shrubs are also to be added, 13
of which will be located at the northwest corner of the site and 13 in the greenstrip area just
northerly of the proposed building addition adding 13 additional points. The landscape proposal
is consistent with the point system based on what the applicants are proposing to add.
4-15-99
Page 2
BUILDING
The proposed building expansion is to have an exterior consistent with the existing building
including a rounded corner at the northwest corner of the addition. The building addition will be
located between the ex}sting northerly wall and a screen wall utilized as an outdoor cart storage
area. The plan also calls for the construction of a four inch sanitary sewer line to within five feet
of the new building addition connecting to existing sanitary sewer(private) located in the drive
lane adjacent to the store. The existing sanitary sewer connects to city sanitary sewer in Summit
Drive.
The applicant has also provided a floor plan indicating the stock room or storage areas and the
expanded retail areas at the Target store. The stock room or storage space will continue to be
along the east side of the building and a smaller stock room to be located along the north side of
the building.
RECOMMENDATION
We are somewhat reluctant to enforce zoning restrictions through the use of restrictive
covenants,however,this has been done in the past with the Target store and has not posed any
problems either parking wise or expansion wise. We do not anticipate any additional problems if
this small addition does take place and the interior is remodeled to expand the retail area within
the Target store. It will be, however, necessary that the various declarations and restrictions be
modified to reflect the new conditions and be filed with the title to the property. Approval of this
application is recommended subject to at least the following conditions:
1. Building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. 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 the completion of site improvements.
3. The building addition is 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.
4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
5. The applicant shall execute a revised restrictive covenant limiting the use of the
existing and proposed stock rooms to warehouse use only under current or new
ownership. The restrictive covenant shall be reviewed and approved by the City
4-15-99
Page 3
Attorney and be filed with the title to the property at Hennepin County prior to the
issuance of building permits for this expansion.
6. The yard limit agreement prohibiting structures within 60 ft. of the building shall be
revised to r9flect the proposed new expansion in a manner acceptable to the City
Attorney and be filed with the title to the property at Hennepin County prior to the
issuance of building permits.
4-15-99
Page 4
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DECLARATION OF RESTRICTIVE COVENANT
This Declaration of Restrictive Covenant
("Declaration") is made this 10th day of October, 1988 by
Dayton Hudson Corporation ("Declarant") as the owner of
certain real property located in the City of Brooklyn
Center, County of Hennepin, State of Minnesota, and which
is legally described as Lot 2, Block 1, Shingle Creek
Center, according to the recorded plat thereof on file and
of record in the office of the Registrar of Titles,
Hennepin County, Minnesota ("the Property") .
WIHEF.EAS, Declarant has previously constructed and
currently operates a retail department store ("the Store")
on the Property; and
WHEREAS, Declarant desires to expand its existing
stockroom which is located within the Store from
approximately 14,000 square feet to approximately 28, 000
square feet, all in accordance with the building plan,
attached hereto as Attachment One and hereby made a part
hereof ("the Building Plan") ; and
WHEREAS, in order to ensure that after such expansion
the parking facilities on the Property comply with the City
of Brooklyn Center parking code requirements, it is
necessary for the Declarant to establish this Declaration
restricting the use of its expanded stockroom;
NOW, THEREFORE, in consideration of the foregoing and
other good and valuable consideration, Declarant does
hereby declare the following restriction on the Property
and the Store:
1. Use of Stockroom Space. Upon completion of the
expanded stockroom area, Declarant shall restrict the
area consisting of approximately 28, 000 square feet
which is depicted and designated on the Building Plan
as "Proposed Stockroom Addition" and as "Existing
Stockroom Area" (said areas being collectively referred
to herein as the "Stockroom Area") to use solely as a
storage and stockroom area for merchandise to be sold
at, or equipment to be used at, the Store. The
Stockroom Area shall not be used for the display of
merchandise for sale or for other selling or related
activities of Declarant, including, but without
limiting the foregoing: office, restaurant, bakery,
kitchen, food preparation, customer or public
rn• . �f'.C`ST1.�7' servic4.
�i r nr � .•
101288/DOC2/DECLARATION
2 . Burden and Benefit to Run with the Land. The
provisions of this Declaration constitute a covenant
running with the land and shall bind the Declarant and
its successors and assigns with respect to the
Propertyi.
3 . No modification. This Declaration shall not be
amended, revoked or altered without the prior written
consent of the City of Brooklyn Center endorsed thereon
and recorded with the Registrar of Titles in and for
Hennepin County, it being understood that if the Store
is demolished, destroyed, removed or no longer remains
on the Property for any reason, the City shall consent
to the termination of this Declaration.
4 . Effective Date. This Declaration and any amendments
hereto shall be effective upon recordation with the
Registrar of Titles, Hennepin County, Minnesota.
5. Enforcement. This declaration may be enforced by the
City of Brooklyn Center acting through its City
Council. The power to enforce the covenants contained
in this Declaration shall be in addition to any other
legal or equitable remedies available to the City.
IN WITNESS WHEREOF, Declarant has caused this
Declaration to be executed as of the date first above
written.
"Declarant"
DAYTON HUDSON CORPORATION
By:
,.
Name:
Title. Sr. Vice President
org¢r ores
By:
Name: .,....
Title:- Assistant 56crarary
This Instrument drafted by:
Dayton Hudson Corporation
33 South Sixth Street
Minneapolis, Minnesota 55402
-2-
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me
this ay of
, . 1988,
by and
the ^ - nd of Dayton
Hudson Corporation a Minnesota corporation, o behalf of
the corporation.
Notary Publi
My commission expires:
e
E-idson
`•r'_°t NO'A-Zy►UMC-MINNESOTA
PiN COUNTY
`' MY commission expires 5.17-91
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FIRST AMENDMENT TO RESTRICTIVE COVENANT INSURING
COMPLIANCE WITH SECTION 506 (b) of the
UNIFORM BUILDING CODE
1
THIS FIRST AMENDMENT TO RESTRICTIVE COVENANT INSURING
COMPLIANCE WITH SECTION 506 (b) OF THE UNIFORM BUILDING CODE is
made as of the _,i r T day of Cc a , 19 ? by
RYAN CONSTRUCTION COMPANY OF MINNESOTA, INC. , a Minnesota
corporation, hereinafter called "Ryan" , and DAYTON HUDSON
CORPORATION (formerly known as Dayton-Hudson Corporation) , a
Minnesota corporation, hereinafter called "Target" .
R E C I T A L S
A. Ryan is the owner of Lot 1, Block 1, Shingle Creek
Center according to the recorded plat thereof on file and of
record in the Office of the Registrar of Titles, Hennepin
County, Minnesota.
B. Target is the owner of Lot 2 , Block 1, Shingle Creek
Center, according to the recorded plat thereof on file and of
record in the Office of the Registrar of Titles, Hennepin
County, Minnesota.
C. Target and Ryan have previously entered into that
certain Restrictive Covenant Insuring Compliance with Section
506 (b) of the Uniform Building Code, dated December 6, 1985, and
filed in the Office of the Registrar of Titles, Hennepin County,
Minnesota, as Document No. 1690367 (the "Restrictive Covenant") ,
whereby the parties agreed to maintain a Yard as defined in the
Restrictive Covenant and as shown on the Site Plan attached to
the Restrictive Covenant.
D. Target desires to expand its building and to expand the
Yard adjoining its building accordingly as required by paragraph
2 of the Restrictive Covenant.
E. Target and Ryan desire to amend the Restrictive
Covenant by substituting for the Site Plan attached to the
Restrictive Covenant the Revised Site Plan attached to this
First Amendment, which Revised Site Plan shows Target's expanded
building and Yard.
NOW, THEREFORE, the parties agree as follows:
1. The Restrictive Covenant is hereby amended by
substituting for the Site Plan attached to the Restrictive
Covenant the Revised Site Plan attached to this First Amendment.
NJt� ��►Vo� N �S L.LITS � ..�.7 01 6(. cC K y
�4 � 1 1 JN/ NG LL'
es 090888/ADVII/UBC
2. Except as modified herein, the Restrictive Covenant is
hereby ratified and affirmed and shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have- executed this
First Amendmek to the Restrictive Covenant Insuring Compliance
with Section 506 (b) of the Uniform Building Code as of the date
set forth above.
DAYTON HUDSON CORPORATION, RYAN CONSTRUCTION COMPANY OF
a Minnesota corporation MINNESOTA, INC. ,
a Mi esota corporation
By: Iz
�J By:
OL
J. Fn�r
Name: �"� a,n3• Na
Title: Sr. Vice + id
^Pre sertf
Title:
By: L By:
Name: Vret;am P.H;« Name:
Title: Assistonf Secrefory Title:
Consent of the City of Brooklyn Center
The City of Brooklyn Center hereby consents to the First
Amendment of the Restrictive Covenant Insuring Compliance with
Section 506 (b) of the Uniform Building Code.
CITY O ROOKLYN CENTE
By:
Name: I9E.Ati A"A
Title:
By:
Name: PC N-'Er-
Title:
�i
This Instrument drafted by:
Dayton Hudson Corporation
33 South Sixth Street •
Minneapolis, Minnesota 55402
-2-
' I
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
The foregoing instrument was acknowledged before me
this 47 day of`�%&S;6,q ��Qj , 19$$ by �ctrV:- I'S. �QOZ-kTOk t��_
and y���1L'.ot�Q. N,��,�_ , the
and respectively, of Dayt
Hudson Corporation, a Minn ota corporation, on behalf of the
corporation.
BE W PL6rA0 =T
NOTAfiY ptJBl.K>LlOr;E80TA
#0 HEPINEPW000NSY Nota Public
w(X. 9tSSI0N ExPM 4-te•0� Nota ry
. Public
OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me
this L day of by
• arrd' , the •�' \(.-,c ���c{: ��t�r\-!
- Xespect7i-vt , of Ryan
Construction Company of Minnesota, a Minnesota corporation, on
behalf of the corporation.
�• SHARRY L.SIMONS
!t NOTARY PUBLIC-MINNESOTA
RAMSEY COUNTY Notary Public
My Cornmis::^^Expires Sept.9.1940
JMIPOAtiA .
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing i t t was acknowledge before }n�
this �- aye,of , 19eby G(
and., /J the V-;IeT ,,►-._.�
and respectiv y, of the City of
Brook n enter.
--� d
•""� DARLENE K. WEEKS Notary Public
4,
NJTART MLIC—MINNESOTA
HENNEPIN COUNTY
Mr commission expires Feb. 28, 1989
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