Loading...
HomeMy WebLinkAboutPC94006 - 6/16/94 - 5545 Xerxes AvePLANNING COMMISSION FILE CHECKLIST File Purge Date • ° �� FILE INFORMATION Planning Commission Application No. PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Tvoe Date Range Location Agenda Cover Sheet: Planning Commission Agenda Book Minutes: Planning Commission Minutes: City Council Resolutions: Planning Commission Resolutions: City Council Ordinances: City Council 6-/6-9Z/ 6-al 7-94 City Vault City Vault City Vault City Vault City Vault Historical Photographs: Planning Commission City Archieve CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 94006 street Location of Property Please Print Clearly or Type �5(45 7% Ur"tS 56th Avenue North and Xerxes Avenue North (SW Quadrant) I-egal Description of Property Tracts K & L, RLS No. 1419, Hennepin County, Minnesota Owner Wendy's International c/o Jurij Ozga Address 5440 West Broadway, Crystal, MN 55428 Phone No.612/533-1623 Applicant same Address Phone No. Type of Request: Rezoning % Subdivision Approval description of Request: Center Addition) Variance Site & Bldg. Plan Approval Special Use Permit Other: Combine Tracts K & L into one lot (Lot 1, Block 1, Wendy's Brooklyn 'he applicant requests processing of this application and agrees to pay to the City of 3rooklyn Center, within fifteen (15) days after mailing or delivery of the billing state- ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses --easonably and necessarily required by the City for the processing of the application. )uch 'costs shall be in addition to the application fee described herein. Withdrawal of the application shall not relieve the appli of the obligation to pay costs incurred prior to withdrawal. 71 A Fee $ Receipt No. Dated May 26, 1994 PLANNING COMMISSION RECOMMENDATION ites of P.C. Consideration: )proved Denied ollowing conditions: cants bi gnature this day of 19 subject to the Chairman - ---------------------------------------- - - - - - - CITY COUNC�IIL ACTION ates of Council Consideration: h proved i/ Denied this ?-I day of _ � 19with the following =ndment: SEA [ e� a •ri e.�s a F AP?&6JA L_ " Cler Form No. 18. (over please) Planning Commission Information Sheet Application No. 94006 Applicant: Wendy's International Location: Southwest quadrant of 56th and Xerxes Avenues North Request: Preliminary Plat The applicant is seeking Preliminary Plat approval to combine into a single lot the existing Wendy's restaurant site located at 5545 Xerxes Avenue North and the former off -site accessory parking lot located to the south. The two lots, once combined, would create a 1.219 acre parcel for use by Wendy's restaurant. The properties in question are zoned C-2 (Commerce) and are bounded on the north by 56th Avenue; on the east by Xerxes Avenue; on the south by the McDonald's restaurant site; and on the west by a private, non-public roadway serving businesses in the area. The Investor's Bank/Men's Warehouse property and Taco Bell are located to the west of this non-public roadway. The current legal description of the properties is Tract L, RLS 1419 (Wendy's) and Tract K, RLS 1419 (off -site parking lot). The new legal description is proposed to be Lot 1, Block 1, Wendy's Brooklyn Center Addition. Tract L is .875 acres and Tract K is .344 acres, totaling a 1.219 acre site. The Wendy's restaurant plan and special use permit were approved by the City Council on August 9, 1993, under Planning Commission Application No. 93009. Construction began last fall and the restaurant is open for business. The landscaping and the final parking lot overlay on the site are yet to be completed. The parking lot to the south (Tract K, RLS 1419) was an off -site accessory parking area for the former Green Mill restaurant which was located where Investor's Bank and the Men's Warehouse is now. When that site was redeveloped a few years ago, sufficient on -site parking was provided to meet the parking requirements for these establishments. The off -site lot was no longer necessary to meet required parking and, therefore, allowed to be sold for another use. Wendy's has acquired the property and proposes to connect this lot with its parking lot for use by their customers. This will add 24 parking stalls to the Wendy's site (NOTE - Four parking stalls will be lost from the existing Wendy's site while 28 stalls will be added from the adjacent lot for a net gain of 24 parking stalls). Connection of the parking lots will be made southeasterly of the existing Wendy's restaurant building. Some modifications to the existing curb and gutter will need to be made in this location as well as at the northwest corner of the attached parking lot where two parking stalls will be eliminated and curb and gutter added. Once the two lots are connected, an overlay of the entire parking lot will be accomplished. We have requested Wendy's to provide us with a landscape analysis and plan for the combined lots. The approved landscape plan for Wendy's had a point value in excess of 250 landscape points. The landscape point requirement for such a use between zero and two Planning Commission Information Sheet acres is 80 points. The combined site is 1.219 acres, so the required number of points for the expanded site is still 80 points. Their inventory shows four trees in the Xerxes Avenue green strip, three trees in the area south of the parking lot and a tree to the north of the access to the private road. A new Norway Maple tree will be supplied south of this access drive. No new access to Xerxes is being requested, nor would one be approved. Circulation around the site will be essentially the same as with the existing Wendy's plan. The City Engineer has reviewed the plan and sees no significant problems. Because the combined site is below five acres, no watershed review is required. Wendy's has requested to go ahead with the parking lot connection prior to filing the final plat for this property. This is so they can proceed with their landscaping and a final parking lot overlay over both parking areas. We have no objection to this. It should be noted that the zoning ordinance at Section 35-540 requires contiguous parcels under common ownership and serving a common use to be combined into a single parcel through platting or registered land survey. This is the reason for this application. There is a public hearing scheduled for this preliminary plat application. Notices of the Commission's hearing appeared 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: 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 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. 4. The financial guarantee being held for Planning Commission Application No. 93009 submitted by Wendy's International shall not be released until 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. -2- CITY OF COOKLYN C ENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 NOTICE OF HEARING ON PROPOSED PRELIMINARY PLAT CITY OF BROOKLYN CENTER Notice is hereby given of a public hearing to be held on the 16th day of June, 1994 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider the proposed preliminary plat to be known as Lot 1, Block 1, Wendy's Brooklyn Center Addition described as follows: Tracts K and L, RLS No. 1419, Hennepin County, Minnesota This property is more commonly described as 5545 Xerxes Avenue North and the vacant lot immediately to the south. Said proposed preliminary plat has been submitted by Wendy's Internantional. Dated: May 31, 1994 Ronald A. Warren Planning Commission Secretary rCACRY � June 3, 1994 Mr. Jurij Ozga Wendy's International 5440 West Broadway Crystal, MN 55428 Dear Mr. Ozga, Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No. 94006, submitted for preliminary plat approval, at its meeting on Thursday, June 16, at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc cc: file 94006 CITY OF COOKLYN C ENTER June 22, 1994 Mr. Jurig Ozga Wendy's International 5440 W Broadway Crystal, MN 55428 Dear Mr. Ozga, 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application No. 94006, submitted for preliminary plat approval, at its meeting on Monday June 27, 1994 in the City Hall Council Chambers, 6301 Shingle Creek Parkway. This City Council Meeting begins at 7:00 p.m. and this matter will be considered as soon thereafter as the City Council's agenda will permit. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW: cc: File No. 94006 July 26, 1994 Mr. Jurij Ozga Wendy's International 5440 West Broadway Crystal, Mn 55428 Dear Mr. Ozga, This letter is to inform you of the action taken regarding an amendment to the approval of Application No. 94006 Enclosed is an excerpt from the minutes of the City Council meeting and also a copy of the Planning Commission meeting pertaining to Application No. 94006. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary cc: File No. 94006 Enclosures action. pf City Council Minutes PLANNING COMMISSION ITEMS Appr .tc'ATIbN NO. 94006 The City Manager introduced Planning Commission Application No. 94006, submitted by Wendy's International, for preliminary plat approval to combine into a single lot the property at 5545 Xerxes Avenue North and the vacant lot immediately to the south. This application was recommended for approval by the Planning Commission at its June 16, 1994, meeting. The Planning and Zoning Specialist presented the staff report on the matter and reviewed the company's response to Planning Commission requirements prior to its recommendation. He explained the Planning Commission recommended approval of Planning Commission Application No. 94006 subject to four conditions. Councilmember Scott inquired whether the land for the expanded parking lot has an underground sprinkling system. The Planning and Zoning Specialist answered there is a system and the company will be required to update it. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve Planning Commission Application No. 94006, submitted by Wendy's International, 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 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. 4. The financial guarantee being hold for Planning Commission Application No. 93009. submitted by Wendy's International shall not be released until 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. The motion passed unanimously. 6-27-94 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 16, 1994 CALL TIC ORDER The Planning Commission met in regular session and was called to order by Chairperson Willson at 7;31 p.m. ROLL CALL Chairperson Tim Willson, Commissioners Donald Booth, Debra Hilstrom, Dianne Reem and Ella Sander. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Ruth McLaurin. Commissioners Robert Mickelson and Mark Holmes had called to indicate they could not attend this evening's meeting and were therefore excused. APPROVAL OF MINUTES - MAY 111994 There was a motion by Commissioner Hilstrom and seconded by Commissioner Reem to approve the minutes of the May 12,1994, Planning Commission meeting as submitted. The motion passed unanimously. CH IRPER ON'S EMLA"NNrION Chairperson Willson explained 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. Chairperson Willson introduced the first item of business, a request from Wendy's International requesting preliminary plat approval to combine into a single lot the property more commonly described as 5545 Xerxes Avenue North and the vacant lot immediately to the south. The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94006, attached). After the Secretary presented the staff report, the Commissioncrs had a few questions. Commissioner Hilstrom questioned who is responsible for the private road adjacent to the 6-16-94 property. The Secretary responded that the abutting property owners were responsible. The secretary also added that the City will review the condition of the road and approach the property owners if repairs are needed. Commissioner Booth asked if the proper traffic control signs will be included in the proposed plat approval. The Secretary explained that on -site traffic control signs were part of the original approval under Application No. 9,1009. Additional signs, if necessary, will be part of the performance agreement for this application. Commissioner Hilstrom showed concern that the current landscaping is overgrown, and asked would that be replaced or groomed. The Sccretary stated the trees along Xerxes should be thinned and referred to the applicant to respond regarding the existing shrubbery between the two lots. Chairperson Willson brought up the question of lighting in the parking lot and the surrounding property, Tho Secretary stated that the applicant had made no comment on adding lights so he was not certain and again referred to the applicant to respond, Chairperson Willson called for the applicant to come forward. Darren Lazan architect for the projection came forward as representative for Wendy's. Mr. Lazan stated that the landscaping would be groomed and or replaced, the trees along Xcrxcs would be groomed to acceptable condition. Mr. Lazan assured the Commissioners that the lighting would replaced with appropriate lighting that would be the same as the lighting on the Wendy's site. Commissioner Hilstrom asked if this parking lot will be for employees also and if it would be well lit at night. Mr. Lazan responded that employees would also use customer lot and there was appropriate lighting to cover entire lot for security. The Commissioners had no further questions at this time. PUBLIC HEARING (APPLICATION NO.94006) Chairperson Willson asked for a motion to open the public hearing on the rcquest from Wendy's International requesting preliminary plat approval to combine into a single lot the property more commonly described as 5545 Xerxes Avenue North and the vacant lot immediately to the south at 7+53 p,m. There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. Ms. Marilyn Donberg inquired if the Car Wash was being remodeled. The Secretary stated yes there has been an application fcr building permit to complete some remodeling work. 6-16-94 2 Ms. Donberg stated that the poor road conditions in that area are mostly due to the water from the Car Wash during the winter freezing and then melting. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Hilstrom and seconded by Commissioner Room to close the public hearing at 7:56 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 94006 WENDY'S INTFRNATTONAL) There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to recommend approval of Application No. 94006 submitted by Wendy's International for preliminary plat approval to combine into a single lot the property more commonly described as 5545 Xerxes Avenue North and the vacant lot immediately to the south 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 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. 4. The financial guarantee being held for Planning Commission Application No. 93009 submitted by Wendy's International shall not be released until 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. Voting in favor: Chairperson Willson, Commissioners Booth, Hilstrom, Reem, and Sander, The motion passed unanimously. ZyneSecret noted that the application will be referred to the City CounciI at the June 27, Secretary PP h' 1994, meeting. The applicant is required to be present at the City Council meeting. If any changes or modifications are made to the plans prior to Oty C hirnnil rnnsidrratinn, they may ilaYG lU UG Ul vurpu Uai.R 111.1v1 b ulw 1 I-amliilb A;WL A Y I IY TT f APPLICATION NO. 94007 (MARANATHA BAPTIST CARE CENTER) Chairperson Willson introduced the next item of business, a request from Maranatha Baptist Care Center requesting site and building plan approval and an amendment to its special use permit to construct a 5,125 square foot addition to the nursing care center. 6-16-94 3 P July 29, 1994 Mr. Ronald A. Warren, Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Warren: Per your letter dated June 141 1994, Wendy's International, Inc. will comply with the requirements as stated: 1. The financial guarantee warranty being held by the city for the completion of approved site improvements for the Wendy's restaurant not be released in its entirety until the final plat has been approved and filed with Hennepin County. 2. The financial guarantee not to be released until the parking lot improvements and landscaping proposed for the expanded parking lot have been completed and accepted by the city. Should you have any further questions, please feel free to contact me. Sincerely yours, 4NDYIS1INTERNATIONAL, INC. J i3-1111�zcj" DATion Construction Engineer JO:160/fje CC: Tony Kullman WENDYS INTERNATIONAL, INC. / ONE ENERGY CENTER, 40 SHUMAN BOULEVARD, SUITE 130, NAPERVILLE, IL 60563 708-961.5800 FAK 708-961-7555 CITY OF COOKLYN CENTER June 14, 1994 Jurij Ozga Wendy's International, Inc. One Energy Center 40 Shuman Boulevard, Suite 130 Naperville, Illinois 60563 Dear Mr. Ozga: 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 You have requested information from me as to necessary permits for the planned parking lot expansion to the Wendy's Restaurant site located at 5545 Xerxes Avenue North in Brooklyn Center, Minnesota. As you are aware, the Brooklyn Center Planning Commission will be reviewing Planning Commission Application No. 94006 on Thursday evening, June 16, 1994. This application is a preliminary plat proposing to combine the Wendy's site and an existing parking lot to the south into a single parcel for use by Wendy's. The City's Zoning Ordinance requires that multiple parcels of land under common ownership and proposed to serve a common use be combined into a single parcel through platting or registered land survey. Our City Engineer has looked at your proposed parking lot expansion and has indicated that the plans are in order with respect to engineering department concerns. The staff is recommending, as part of the consideration of the above planning commission application, that the financial guarantee currently being held by the City for the completion of approved site improvements for the Wendy's Restaurant not be released in its entirety until the final plat has been approved and filed with Hennepin County. Also, it is being recommended that this same financial guarantee not be released until the parking lot improvements and landscaping proposed for the expanded parking lot have been completed and accepted by the City. Wendy's should submit, in writing, their acknowledgement that the performance agreement and financial guarantee currently held by the City for the work to be completed under Planning Commission Application No. 93009 shall be amended to comprehend the above two factors. Mr. Ozga June 14, 1994 Brooklyn Center does not require building permits for the construction or expansion of a parldng lot as is being considered in this case. I hope this letter sufficiently responds to your inquiries. If you have other questions, concerns or need additional information please contact me. Sincerely, Ronald A. Warren Planning and Zoning Specialist cc: File Application 93009 and 94006 (fax 708 961-7555) -2-