HomeMy WebLinkAbout2005-011 Inf Sh Brookdale Shopping Center Application Filed on 7-28-05
City Council Action Should Be
Taken By 9-26-05 (60 Days)
Planning Commission Information Sheet
Application No. 2005-011
Applicant: Apple American Limited Partnership of Minnesota
Location: Brookdale Shopping Center
Request: Preliminary Registered Land Survey
The applicant Apple American Limited Partnership of Minnesota doing business as Applebee’s Neighborhood Grill and Bar, is seeking preliminary registered land survey approval to create
a separate tract of land for the Applebee’s restaurant site at Brookdale Shopping Center.
The property under consideration is Tract A, RLS No. 1710, which is a portion of the Brookdale Shopping Center that contains what is known as the Brookdale Center common area. The new
tract of land would be carved out of Tract A, RLS 1710, to create a parcel that would basically reflect the building location for the Applebee’s Restaurant. The property is zoned PUD/C-2
(Planned Unit Development/Commerce) and is also located in the Central Commerce (CC) Overlay District. The Brookdale Shopping Center is subject to the PUD agreement comprehended and
approved under City Council Resolution No. 99-37 on March 8, 1999 (attached).
Brookdale is made up of a number of parcels or tracts of land which generally reflect ownership interest in Brookdale. The Sears property, the former J C Penney’s property, the Marshall
Field’s property, the former Mervyn’s property, the Kohl’s property, the old Ground Round property and the Brookdale common area are the various properties that make up this shopping
center.
BACKGROUND
Attached for the Commission’s review is a letter and summary of the purpose for this application from Bonnie O’Malley a local representative of Applebee’s (attached). The summary outlines
the difficulties experienced by Applebee’s due to the failure of the former owner of Brookdale to keep his property taxes current. City ordinances prohibit the issuance or renewal of
a liquor license on property with unpaid property taxes. Applebee’s lease agreement required the landlord to pay real estate taxes, which he did not do. The City refused to reissue
Applebee’s liquor license in 2004 and again in 2005. Because the taxes were not paid, Applebee’s paid its share of the 2003 and 2004 taxes so that the City would reissue the liquor
license. The City would not reissue the license because the total taxes were not paid. Applebee’s sought and obtained an injunction from Hennepin County District Court ordering the
City to reissue the liquor license even though the full tax payment was not made.
To avoid these problems in the future, it was agreed that the Applebee’s site should be designated as a separate parcel so that taxes on that parcel could be kept current.
The proposed creation of the new tract of land reflecting the Applebee’s building will not change things with respect to Brookdale. The subdivision will not grant Applebee’s any separate
development rights other than that comprehended under the Planned Unit Development. Parking, access, ingress and other rights are subject to the operating agreement and Declaration
of Covenants for Brookdale such as the Planned Unit Development. Applebee’s does not anticipate any changes to its lease with the landlord as a result of this proposal. The lease already
provides Applebee’s with the right to pay real estate taxes directly to Hennepin County in the event that the restaurant is taxed as a separate parcel. The Director of Public Works/City
Engineer is reviewing the proposed preliminary RLS and may offer some comments. We treat an RLS in the same manner as a plat requiring preliminary RLS review and approval by the Planning
Commission and City Council with the final RLS being subject to approval by the City Council.
For the most part, the proposed registered land survey is a simple creation of a new tract to accommodate the interests of the applicant and Brookdale.
A public hearing has been scheduled for the preliminary registered land survey and notice of the Planning Commission’s consideration has been published in the Brooklyn Center Sun Post.
RECOMMENDATION
The proposed preliminary registered land survey appears to be in order an approval of the application is recommended subject to at least the following conditions:
The final RLS is subject to review and approval by the City Engineer.
The final RLS is subject to the provisions of Chapter 15 of the city ordinances.
Approval of the RLS does not create separate development rights for the newly created tract of land other than that authorized for Brookdale in its entirety.
8-25-05
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