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Home My WebLink About2006-006 - 5545 Xerxes Ave FULL PACKETCity of Brooklyn Center Planning Commission Application �1 Date Rec d 2006 Application No. A006-O Please Print Clearly or Type Address/Street Location of Property 5545 Xerxes Avenue North Legal Description of Property Tract K' and Tract L, Registered Land Survey No. 1419 Hennepin County, Minnesota Owner Nearco IV, LLC Phone No. 651 -71 4-0030 Address 7002 Sixth StEeet North, Oakdale, MN 55128 FAX No. 651 -71 4-0040 Applicant same as owner Phone No. Address FAX No. Type of Request: ❑ Rezoning ($1050) ❑ Special Use Permit ($200) Subdivision Approval ($300) ❑ Site & Building Plan Approval ($750) ❑ Planned Unit Development ($1800) ❑ Appeal ($200) ❑ Variance ($200) Description of Request: Request is to plat ❑ Other: the two RLS lots into one lot D 0Application Fee $ J DC` Acct No. 10100-4403 Receipt No. The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing statement, the actual costs incurred by the City for Engineering, Planning and Legal expenses reasonably and necessarily required by the City for the processing of the application. Such costs will be in addition to the application fee described herein. Withdrawal of the application will not relieve the applicant of the obligation to pay costs incurred prior to withdrawal. Near c IV, LLC Name: P►��yi� 5. �� Title: By: Applicant (Please Print) plicant's Signature City Use Only PLANNING COMMISSION RECOMMENDATION. City Use Only Dates of P. C. Consideration Cj - a 5- D Action Taken jn �o U 'Iffmpproved ❑ Denied this �?6 day of G�l�s-� 20 LLL, subject to the following conditions: Chairman. ---------------------------------------------------------------------- CITY COUNCIL ACTION Dates of Council Consideration to-1 Action Taken Approved []Denied this amendment: day of , ' 20 , with the following /i Clerk Application Filed on 5-4-06 City Council Action Should Be Taken By 7-3-06 (60 Days) Planning Commission Information Sheet Application No. 2006-006 Applicant: Nearco W, LLC Location: Southwest Corner of 56th and Xerxes Avenue North Request: Preliminary Plat The applicant is seeking Preliminary Plat approval to combine two parcels of land at the southwest corner of 561h Avenue North and Xerxes Avenue North into a single lot. The site in question is the Wendy's restaurant at 5545 Xerxes Avenue North and is made up of two tracts of land legally described as Tracts L and K, RLS 1419. These two parcels were the subject of a preliminary plat in 1994 under Planning Commission Application No. 94006 to accomplish the same thing. That Preliminary Plat comprehended the same combination and was recommended for approval by the Planning Commission on June 16, 1994 and approved by the City Council on June 27, 1994 subject to four conditions of approval. For some reason, a final plat was not pursued and the properties were never combined into a single parcel of land through the platting process as required by Section 35-540 of the zoning ordinance (copy attached). The properties, however, were "combined for tax purposes" through an administrative procedure and have been considered a single lot for development purposes for some time but have two legal descriptions. Section 35-540 regarding combination of land parcels requires "multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which are under common ownership shall be combined into a single parcel through platting or Registered Land Survey". The completion of the entire platting process will bring this site into compliance with the city's zoning ordinance. The property in question is zoned C-2 (Commerce) and is the site of the Wendy's restaurant and adjoining parking lot. Tract L, RLS 1419, is .975 acres and contains the restaurant building which is approximately 3,334 sq. ft. in area and a 40 stall parking lot. Tract K, RLS 1419, is .344 acres and contains a 28 stall parking lot which is connected to Tract L through a common drive. Wendy's in 1993 originally acquired Tract L, which was the site of a Midwest Federal Bank. The bank was demolished to make way for construction of the restaurant. Wendy's later acquired Tract K, which was an off site parking lot for a neighboring restaurant that was demolished for a new retail building in the area. Wendy's modified and landscaped the old parking lot to accommodate its needs and connected it to the main parking lot. Because of this, they were required to combine the two lots into a single lot pursuant to Section 35-540. As stated previously, the plat was never finalized and filed. The City is still holding a $60,000 site performance guarantee to assure the platting and the landscaping on the south parking lot site. If these matters are addressed, the performance guarantee may be recommended to the City Council for release. 5-25-06 Page 1 The applicant has submitted survey data showing the properties to be combined, utility service lines and access to Xerxes and the private (non-public) drive to the west of the site that serves this property and adjacent properties. Each of the properties in this area share ownership and maintenance responsibilities for this private roadway. The Director of Public Works/City Engineer is reviewing the Preliminary Plat and may make written comments which will be attached for the Commission's review. The applicant has indicated the desire to receive Preliminary and Final Plat approval by the City Council at the same time. This will be a matter of his ability to complete all the requirements of Final Plat approval such as County review and title work from the City Attorney. If this can be accomplished, it may be possible to have the Preliminary and Final Plat approved by the City Council at the same time. Because it has been approximately 12 years since the City Council approved the Preliminary Plat, we believe it would be appropriate to repeat the entire process even though essentially there has been no change in the proposal. This is the reason this application is now before the Planning Commission and City Council. A public hearing has been scheduled for the Preliminary Plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION The Preliminary Plat appears to be in order and is recommended for approval subject to the following conditions: 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 financial guarantee being held for Planning Commission Application No. 93009 submitted by Wendy's International shall not be released until the Final Plat has been approved by the City Council and filed with Hennepin County and all landscaping and parking lot improvements comprehended under the expanded parking lot plan have been completed and are in compliance with the maintenance provisions of the executed performance agreement. Page 2 City of Brooklyn Center A Millennium Community MEMORANDUM DATE: May 18, 2006 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works TM!3 SUBJECT: Preliminary Plat Wendys Brooklyn Center Planning Commission Applications 2006-006 Public Works Department staff reviewed the preliminary plat for WENDYS BROOKLYN CENTER submitted for review under Planning Commission Application 2006-006. The preliminary plat is recommended for approval subject to any conditions established by the City Attorney based on a review of an updated (within past 30 days) certified abstract of title or registered property report provided by the applicant. 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2199 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3494 www.cityofbrooklyncenter.org Recreation and Community Center Phone & TDD Number (763) 569-3400 FAX (763) 569-3434 �r >, , X Ns i 2• I A I I r l_s t r sir s Well - O � _ 2 1 ; _ b rtS k It 1 j Z w� }� +r oicw v � - ••. � 1 rfµff fd a 1 1 a r, _i 1 I x we i . N ,�+.e e3ruue a3�x.o 4. No accessory building shall be provided with sanitary sewer facilities. 5. No more than two accessory buildings shall be permitted on any one residential premises. 6. The total ground coverage of the accessory building or buildings shall not exceed the ground coverage of the principal building. No basement, cellar, garage, tent, or accessory building shall at any time be used as a residence or dwelling, temporarily or permanently. All dwellings shall be on permanent foundations which comply with the State Building Code and which are solid for the complete circumference of the dwelling, except that accessory uses such as screened or enclosed porches, canopies, decks, balconies, stairs, etc., may be placed on a noncontinuous permanent foundation as approved by the Building Official. 9. The width and the depth of the main portion of any dwelling built after July 23, 1983, shall be no less than 18'. Section 35-540. COMBINATION OF LAND PARCELS. Multiple parcels of land which are contiguous and adjacent and which are proposed to serve a single development use and which are under common ownership shall be combined into a single parcel through platting or registered land survey. Section 35-560. VISIBILITY AT INTERSECTIONS. In order to preserve and promote the public safety, nothing shall be erected, placed, planted, maintained, or allowed to grow on a corner lot in any district in such a manner as materially to impede vision between a height of two and one- half feet and 10 feet above the centerline grades of the intersection streets in the triangle bounded by the property lines of such corner lot and a straight line joining points on such property lines 25 feet from their intersection of the property lines. City of Brooklyn Center 35-73 December 3, 2005 K m a n� Zm N mo Z Zv n> o� o N �m gW rf N "ry O 4 >o 7QQq 0�1 A r m m' 0.+ --------------------------�� Rf . . sl 1 � I 1 I 1 I l 1 f J f I I 1 I � CA r f� I . I •. t .1 J� taw I t 3 N. It 1 I 1 I ' t � I f J rr t.TS0.1� 4�17'S6'OJ'Y R.5509� CnBrq�58'J7'S0'W Gr.1T8.�B v Yi Page 1 of 1 Ron Warren From: Kirk Vidra@WENDYS.COM Sent: Friday, September 08, 2006 12:51 PM To: Ron Warren Subject: 5545 Xerxes Avenue North - Wendy's Final Plat Attachments: WENDYS BROOKLYN CENTER.PDF Ron, Thanks for speaking with me this morning. Attached please find a copy of the Plat. The Plat was recorded by the Hennepin County Registrar of Titles as document number 4298789. 1 will be in touch soon. Thanks for your assistance. Kirk Kirk A. Vidra Corporate Counsel - Real Estate Wendy's International, Inc. 4288 West Dublin -Granville Road Dublin, Ohio 43017 Phone: (614) 764-6743 Fax: (614) 764-3243 9/11 /2006 May 11, 2006 Mr. Todd Blomstrom, Public Works Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minn. 55430-2199 Re: Final Plat Application for Wendy's Site at 5455 Xerxes Ave. N. Dear Mr. Blomstrom: Following up on our conversation of yesterday I am sending the final plat application and a check in the amount of $125 for the application fee. We appreciate your willingness to have the Council consider the preliminary and final plats at the same meeting. If changes need to be made to the final plat as we proceed please let me know so that we can make the changes and get copies to you. Sincerely, LOUCKS ASSOCIATES 16 4-- David Hagen, AI Planner Copy of letter: Mr. Ron Warren, City Planner Planning Civil Engineering Land Surveying Landscape Architecture Environmental May 8, 2006 Mr. Ron Warren, City Planner Mr. Todd Blomstrom, Public Works Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minn. 55430-2199 Re: Plat for Wendy's Site at 5455 Xerxes Ave. N. Dear Mr. Warren and Mr. Blomstrom: As requested by Mr. Warren I am having one copy each of the ALTA Survey and the proposed final plat in large scale, I Ix17, 8 1/2x11, and PDF on disc delivered to him with this letter. I am also having large scale copies of the ALTA Survey and proposed plat delivered directly to Mr. Blomstrom for his review. With the package to Mr. Blomstrom I am having a copy of the title commitment delivered to hopefully satisfy the City's requirements for a copy of the certified abstract or registered property abstract. As requested included with the commitment is a copy of the sidewalk easement recorded as document # 1061499. The Platting Process Guidelines suggest that mylars of the plat are to be submitted with the final plat application. Would it be possible to have mylars prepared after Council approves the final plat? If so we would submit the final plat application and fee after revising the final plat to address County and City staff review comments and Planning Commission recommendations but before the Council approves the preliminary plat. Sincerely, OUCKS AS OCIATES David Hagen, Al Planner Planning Civil Engineering Land Surveying Landscape Architecture Environmental May 2, 2006 Mr. Ron Warren, City Planner City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minn. 55430-2199 Re: Plat for Wendy's Site at 5455 Xerxes Ave. N. Dear Mr. Warren: With this letter I am sending four copies each of the ALTA Survey, which is intended to serve as the preliminary plat, and of the proposed final plat as it has been revised to address concerns raised by you and Todd Blomstrom in our meeting last week. I am also enclosing an application form signed by the owners of the property and a check in the amount of $300 to cover the preliminary plat application fee. Our understanding is that the preliminary plat will be considered by the Planning Commission on May 25 and by the City Council on June 12. We will be submitting the final plat application at a later date as have not yet secured the title commitment. Please call if you need additional information or if you have any questions. Sincerely, LOO�UCKS ASOCIATES David Hagen, AP Planner Planning Civil Engineering Land Surveying Landscape Architecture Environmental