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HomeMy WebLinkAbout2000-016 - 5800 Shingle Creek Pkwy (Lower Level) FULL PACKETRECEIVED J O N 15 2000 Date Received City of Brooklyn Center Planning Commission Application G!T ( Jr BROOKLYN CENTER Please Print Clearly or Type Address/Street Location of Property �C rir ,� ti� c XZe k Legal Description of Property Lcj1, Owner ��— E. f rZt., Address Application No. ODO - O / (a Phone No. (0 � 1 - 6. S / - 3 Z Applicant H Phone No.ZSL Address 3J �C` y1, ( �c✓�� L Type of Request: Rezoning Variance El Special Use Permit Subdivision Approval Site & Building Plan Approval Other: Description of Request: Application Fee $' oo b Receipt No. C RD 6P � d C% 60 The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center, within fifteen 0 5) 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 applicati fee scribed herein. Withdrawal of the application will not relieve the applicant of the obligati n o pay costs incurred prior to withdrawal. �, ----1 Gt�le'q Applicant (Please Print) licant's Signature PLANNING COMMISSION RECOMMENDATION Dates of P. C. Consideration: TQ bl ed ?nd9 n VYCr reoi Approved Denied this day of 20 , subject to the following conditions: a, Chairman ------------------------------------------------------------------------- CITY COUNCIL ACTION Dates of Council Consideration: Approved Denied this day of amendment: 20 , with the following Revised 6-99 Clerk CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING PLAN APPROVAL Prior to submission of an application for plan review and approval, prospective applicants should arrange an informational meeting with the Planning Staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Four (4) copies of the following documents and information will be submitted, at least 14 dates prior to the date of the regular Commission meeting, concurrent with filing the application (required documents must be consistent with ordinance and policy provisions before an application may be accepted): 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2. *An accurately scaled and dimensioned site plan indicating: a) parking layouts and access provisions, including calculation of ordinance parking requirements; b) designations and locations of all proposed buildings and required setback lines; c) fences, walls or other screening, including heights and type of material; d) outside lighting provisions, type and location (foot candle strength at property line must be calculated); e) curbing (13612 curb and gutter is required). Indicate radius measurements; f) building information, including: gross floor area, type of construction and occupancy classification. 3. *A landscape plan showing areas to be sodded or seeded, quantity, location, size and species of trees and shrubbery. (Note: Underground irrigation is required in all landscaped areas in commercial and industrial districts. Plans must be so noted.) 4. *Building floor plans, elevations, sections and specifications, including materials proposed. 5. *Existing and proposed land elevations, drainage provisions, and utility provisions, including the diameters of utility lines. 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State Board of Registration for Architects, Engineers, Landscape Architects and Land Surveyors, and said drawings/plans will be so certified. ; u NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be determined by the City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Planning and Zoning Specialist at 569-3330. Procedures & Requirements for Filing Application for Site & Bldg Plan Approval Revised 2-95 Revised 6-99 1,47 Ai y kk.,, q kj 6 V-N Application Filed on 6-15-00 City Council Action Should Be Taken By 8-14-00 (60 Days) Planning Commission Information Sheet Application No. 2000-016 Applicant: Pan African Social Club Location: 5800 Shingle Creek Parkway Request: Special Use Permit The applicant, Mr. Henry K. Addy on behalf of the Pan African Social Club, is seeking a Special Use Permit to operate a "social club" in a 7300 sq. ft. space in the lower level of the building located at 5800 Shingle Creek Parkway. The property in question formerly housed Fuddrucker's Restaurant and then the Old China Buffet. It is zoned C-2 (Commerce) and is part of the Brookdale Square Shopping Center complex which contains two theater buildings and a strip center in addition to the building in question. Brookdale Square is bounded on the north by the Minnesota School of Business, Health Partners Dental Center and Perkin's; on the east by John Martin Drive; on the south by T. H. 100 right of way and Brookdale Ford; and on the west by Shingle Creek Parkway with city open space property and Shingle Creek on the opposite side of the street. The Pan African Social Club was determined by the City Council, under Planning Commission Application No. 2000-003, to meet the use classification of "club rooms and lodges" contained in Section 35-322, Subdivision 3j of the City's zoning ordinance. The Commission may recall that the same applicant had sought a Special Use Permit to operate the same facility at the Northbrook Shopping Center in March of this year. The City Council, following the Planning Commission's recommendation, granted the Special Use Permit for that location on March 27, 2000. There was no signed lease agreement between the applicant and the then owner. The building was sold and the new owner decided not to sign a lease agreement because of other plans for the property. Mr. Addy has sought to find a different location for his proposal since that time. He is now looking at the lower level of 5800 Shingle Creek Parkway to house his proposal and, it is our understanding, that a lease agreement has been reached. The building in question was built in the early 1980's as T-Wright's Restaurant which contained a full restaurant and bar on the upper level with banquet and reception facilities in the lower level. Both the upper and lower levels had the potential for 250 seats each and the facility was built with parking to accommodate such a facility. More recently, only the upper level was utilized by Fuddrucker's and the Old China Buffet. The lower level was not used with these facilities and was closed from occupancy. 6-29-00 Page 1 Mr. Addy plans to revitalize the lower level and to have three office spaces, approximately 10 ft. by 13 ft., four classrooms, approximately 15 ft. by 15 ft., a training room of approximately 20 ft. by 20 ft. with the rest of the lower level being a dinner hall which could be used for graduation programs, reunions, wedding receptions, dinners and banquet facilities. He notes that the facility would be a members only facility, not open to the general public. The staff have met with the applicant and discussions have taken place regarding what needs to be done to the facility in order to make it occupiable for the proposed use. A separate access, not through the upper level restaurant facility, will need to be provided. There may be handicap accessibility and access issues that will need to be resolved. The Building Official has reviewed the matter and does not believe these issues to be prohibitive for the use of the lower level of the facility as proposed by the applicant. Parking, based on the parking requirements for this facility, is not an issue as the facility was built for such purposes and parking provided on that basis at the time the Brookdale Square Shopping Center was constructed. Recent additions to the center were based on surplus parking which resulted when the City changed it's retail parking formula in the late 1980's. The applicant has submitted in writing how he believes their application meets the standards for Special Use Permits contained in the City's zoning ordinance. He notes that their organization will follow the rules and regulations governing the City of Brooklyn Center and that they will have a mature staff that respects the law and conducts business within the framework of the law. They believe they will not diminish and impair property values within the neighborhood because they will promote good values, educate their community, therefore, uplifting the spirit and values of the community. He also notes that they will help build the community, not destroy it. He indicates that they are committed to use the property professionally and will improve the area by bringing more businesses to the community, doing their community training, etc. He further indicates that their culture has taught them to conduct themselves in a manner that is accepted by all societies. They will respect the laws and other businesses in the area and hope to bring development into the area by upholding the high standards it already possesses. He also notes that they will conform to the applicable regulations of the district in which they are located. We believe the standards for Special Use Permits can be met given the information provided. It is also believed that the services offered can be considered of value to the community. The application of the standards for Special Use Permit are almost identical to how they were applied when the applicant sought the Special Use Permit for location at the Northbrook Shopping Center. The applicant also proposes to apply for a liquor license under the City's liquor ordinance for a "club license". This matter will be reviewed by the Police Department and had already begun based on their previous filing for the Northbrook location. Compliance with the requirements under the City's liquor ordinance and a separate license will have to be granted by the City Council. The granting of a Special Use Permit does not guarantee, nor obligate the City to grant, 6-29-00 Page 2 such a license unless compliance with those regulations can be demonstrated. A public hearing has been scheduled with respect to this Special Use Permit application and notices have been sent to surrounding property owners. RECOMMENDATION All in all we believe the application is in order and, perhaps, this is even a better location than the one previously approved for the Northbrook Shopping Center. Approval of this application should be subject to at least the following conditions: 1. The Pan African Social Club as presented herein meets the use classification of "club rooms and lodges" under Section 35-322, Subdivision j of the City's zoning ordinance. 2. The Special Use Permit is granted for a social club providing educational, counseling and advisory services as well as social services such as facilities for dining, programs, reunions, wedding receptions, banquets and the like on a members only basis. The facility is not open to the general public. 3. Building plans for tenant remodeling and occupancy of the space are subject to the approval of the Building Official prior to the issuance of permits. 4. The serving of food is subject to Health Department regulations and licensure, through Hennepin County. 5. The serving of alcoholic beverages may be done only following the granting of an appropriate license by the City of Brooklyn Center.. 6. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 6-29-00 Page 3 AV 2 From: H. Kwaku Addy Pan African Social Club P. O. Box 29482 Brooklyn Center, MN. 55249 To: Mr. Ronald A. Warren Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN. 55430-2199 Subject: Zoning Permit Dear Mr. Warren, 06-14-00 Due to the large number of Africans living in the Brooklyn Center area, we have organized ourselves into a non-profit organization to help one another understand the cultural differences between Africans and Americans; especially in the twin cities areas. This organization is to educate Africans and help contribute to the American society. We will help Africans become self sufficient and understand the laws governing the state of Minnesota. In order to reach our goals and make our dream a reality, we have decided to obtain a property to run a "social club" were Africans can gather to educate one another and socialize. The property we located is at the 5800 Shingle Creek Parkway in Brooklyn Center, Minnesota. The property is 7300 square feet. We intent to have three office spaces, approximately 10'X1 X; four class rooms, approximately 15'X15', a training room, approximately 20X20 and the rest of the area as a dinner hall. The office space will be used for counseling and other office work. The class rooms will be used for after school programs. The dinner hall area will be used for graduation programs, reunions, wedding receptions, dinners, and banquet. This facility will be a member -only facility. It will not be open to the general public. Please grant us the permission to use this property. It is easily assessable to our membgrv____,\ Si From: H. Kwaku Addy Pan African Social Club P. O. Box 29482 Minneapolis, MN. 55429 To: Mr. Ronald A. Warren City of Brooklyn Center Zoning Department Brooklyn Center, Minnesota 55430 Date: 06-14-00 Subject: Special Use Permit Below listed is the answer to Standards for Special Use Permits: A. Pan African Social Club will not be detrimental to or endanger the public health, safety, moral or comfort of the general public because we will follow the rules and regulations governing the City of Brooklyn Center. We will have a mature staff that respects the law and conduct business within the frame work of the law. B. The special use permit will not be injurious to the use and enjoyment of other property because we will operate within our boundary. We will certainly not diminish and impair property values within the neighborhood because we will promote good values, educate our community, therefore uplifting the spirit and values of the community. We will help build the community; not destroy it. C. We will be committed to use the property professionally. We will not impede the normal and orderly development of surrounding property. We will improve the area by bring more businesses to the community, doing community training, etc. D. Our culture has taught us to conduct ourselves in a manner that is accepted by all societies. We will respect the laws and other businesses in the area. We hope to bring development in the area by upholding the high standards it already posses. E. We will conform to the applicable regulations of the district in which we are located. S CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway 569-3330 TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Thursday, June 29, 2000 at approximately 7:30 p.m., at the City Hall, 6301 Shingle Creek Parkway to consider the petition described below: TYPE OF REQUEST: Special Use Permit PETITIONER: Henry K. Addy PROPERTY NAMED IN THE PETITION: 5800 Shingle Creek Parkway Legal Description: Lot 1, Block 1, Brookdale Square 2nd Addition BRIEF STATEMENT OF CONTENTS OF PETITION: Request for a Special Use Permit to operate a social club at 5800 Shingle Creek Parkway. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569-3300 to make arrangements. espectfully, , f Ronald A. Warren Planning Commission Secretary June 20, 2000 Henry K. Addy 11356 Rosemill Lane Champlin, MN 55316 Dear Mr. Addy, Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No.2000-016, submitted for a Special Use Permit, at its meeting on Thursday, June 29, 2000 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 City Clerk 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 No. 2000-016 JUN.27.2000 2:20PM BRADLEY REAL ESTATE Date: Tuesday, June 27, 2000 To: City of Brooklyn Center Ronald A. Warren Phone: 763-569-3319 Fax: 763-569-3494 From: Bradley Real Estate Scott Smith Phone: 651-631-3952 Fax: 651-631-3253 Pages: 3 N0.2643 P. 1 i Subject: Henry Addy / 5800 Shingle Creek Pkwy Ron, please be advised that our lease with Fuddruckers only allows Bradley to let the lower level of this building as storage or office space. I can only assume that Addy is planning to sublease the main level f Fuddruckers. Feel free to call with any Vest' , JUN.27.2000 2:21PM BRADLEY REAL ESTATE ALTMAN & IZEK ATTORNEYS AT LAW 1600 POSH" TOWER 821 MARQUETTE AVENUE MINNEAPOLIS. MINNESOTA 56402-2910 TELEPHONE: (612) 335-3700 TELECOPIER: (672) 335-9701 Mr. Robert Cohen Cohen & Fierman, LLP 4 Faneuil Hall Marketplace Boston, MA 02109 Re: Brookdale Square Brooklyri`Center, Minnesota Dear Mr. Cohen: June 22, 2000 BY FAX AND MAIL NO.2643 P. 3 My client has learned that Fuddruckers' broker, Tony Strauss, is actively attempting to sublease basement space at the Brookdale Square location_ According to Section 15.6 of the lease, a copy of which is enclosed, the right to lease basement space is the landlord's, not the tenant's, and only for office or long-term storage space. Accordingly, I trust your broker's efforts will cease immediately. Ve rul yours, l' Dou H. Altman cc: Scott Smith Tony Strauss (by fax) APPLICATION NO. 2000-016 — PAN AFRICAN SOCIAL CLUB Chair Willson introduced Application No. 2000-016, a request to seek a Special Use Permit to operate a "social club" in a 7,300 sq. ft. space in the lower level of the building located at 5800 Shingle Creek Parkway. Mr. Warren presented the Planning Commission with a letter from the applicant requesting the application be tabled indefinitely. Commissioner Whitehead questioned if the applicant has no intention of pursuing the request since the applicant is requesting the item to be tabled. Mr. Warren explained that at this time they are having complications with the lease, therefore, until those issues are resolved no action can take place. Mr. Warren explained that if the motion is made to table per the applicant's request that would allow the application to remain open indefinitely. Commissioner Newman questioned if staff is aware of how long the application may be tabled. Mr. Warren explained that if the City is not notified within a year then it would expire and not come back before the Planning Commission. There was a motion by Commissioner Rahn, seconded by Commissioner Whitehead, to table Application No. 2000-016 indefinitely per the applicant's request. The motion passed unanimously. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:39 p.m. Chair Recorded and transcribed by: Sara Beck TimeSaver Off Site Secretarial, Inc. 06-29-00 Page 8