HomeMy WebLinkAbout2005-011 - 8/25/05 - 1400 Brookdale CenterDate Received
City of Brooklyn Center
Planning Commission Application
Application No, C�toCJ"y f
Address/Street Location of Property
Legal Description of. Property
1400 Brookdale Center
Tract A, Registered Land Survey No. 1710
Owner Talisman Brookdale Associates, LLC
Phone No.
Address c/o The Schlesinger Co., 1500 San Remo Avenue, #185A
Coral Gables, FL 33146
Applicant Apple American Limited Partnership of Minnesota Phone No.
d b a Applebee s Neighborhood Grill & Bar
Address 4551 West 107th, Suite 100, Overland Park, KS 66207
Type of Request: F1 Rezoning
Subdivision Approval
aOther:
Variance F1 Special Use Permit
11 Site & Building Plan Approval
Description of Request: Applicant desires to establish its portion of Brookdale as a
separate tax parcel for purposes of paying real estate taxes independent of the
shopping center,
Application Fee $ �i Y \� Accf 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. r-
Susan D. Steinwall U "� "''�`" -�•
Applicant (Please Print) Applicant'g Signature
PLANNING COMMISSION RECOMMENDATION
Dates of P. C. Consideration:
Approved Denied this day of Ice 2 S._ _ 20 subject to the
following conditions:
L�`�T CC
Chairman
---------- --------------------------------------------------------------
CITY COIINCn ACTION
Dates of Council Consideration: (-1 - C) c�
Approved Denied this day of . - 20 L�L_, with the following
CITY OF BROOKLYN CENTER
6301 Shingle Creek Parkway
Brooklyn Center, MN 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 days 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 (B612 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.
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 763-569-3330.
Procedures & Requirements for Filing
Application for Site & Bldg Plan Approval
Revised 3-01
Fred,,.,::;rikson
July 20, 2005
VIA MESSENGER
Mr. Ronald A. Warren
Planning & Zoning Specialist
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
Re: Applebee's Neighborhood Grill & Bar at 1400 Brookdale Center
Dear Mr. Warren:
Enclosed, as we discussed a couple of months ago, find the Planning Commission Application
which we are submitting on behalf of Apple American Limited Partnership of Minnesota doing
business as Applebee's Neighborhood Grill & Bar together with the Final Plat/RLS Application.
Also enclosed are:
1. Our check in the amount of $200.00 in payment of your fee;
2. Copy of the current title commitment for the entire tract;
3. Ten full size copies of the proposed Registered Land Survey;
4. Two 8 '/2 x 11 copies of the proposed Registered Land Survey; and
5. Two 11 x 17 copies of the proposed Registered Land Survey.
I would appreciate if you would review the enclosed material.
Attorneys & Advisors
Fredrikson & Byron, P.A.
main 612.492.7000
200 South Sixth Street, Suite 4000
fax 612.492.7077
Minneapolis, Minnesota
www.fredlaw.com
55402-1425
MEMBER OF THE WORLD SERVICES GROUP / OFFICES
A IlVodd.v,(re Network of Professional Service Providers Minneapolis, London, & Monterrey, Mexico
Mr. Ronald A. Warren
July 20, 2005
Page 2
It is my understanding that you put together the mailing list and the labels to provide notice to
the adjoining property owners. If you have any questions or if you need further information or
documentation, please do not hesitate to contact me.
Sincerely,
-Mrs. Bonnie A. O'Malley
Senior Paralegal
Direct Dial: 612.492.7093
Email: bomalley@fredlaw.com
BAO:jp
Enclosures
#3146781\1
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.
8-25-05 ,
Page 1
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 thafthe 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:
1. The final RLS is subject to review and approval by the City Engineer.
2. The final RLS is subject to the provisions of Chapter 15 of the city ordinances.
3. 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
Page 2
Member KaY Tasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 99-37
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 99001 SUBMITTED BY TALISMAN BROOKDALE, LLC.
WHEREAS, Planning Commission Application No. 99001 submitted by Talisman
Brookdale, LLC proposes a rezoning from C-2 (Commerce) to PUD/C 2 of the Brookdale
Regional Shopping Center which is bounded on the north by County Road 10, on the. east and
south by T. H. 100 and on the west by Xerxes Avenue North; and
WHEREAS, this proposal comprehends the rezoning of the above mentioned
property and site and building plan approval for the expansion, redevelopment and rejuvenation
of the Brookdale Regional Shopping Center to include the following;
1. The reconfiguration of the west end of the mall including an 89,650 sq. ft.
second floor to include a 20 screen, 4,252 seat theater;
2. An approximate 13,200 sq. ft. addition to the north entrance to the mall for
two restaurant sites;
3. An approximate 13,000 sq. ft. addition for general retail use and revised
mall entry way along the southerly side of the complex adjacent to
Dayton's;
4. A 4,650 sq. ft. freestanding Applebee's restaurant building along Xerxes
Avenue North, northerly of the 56th Avenue entrance to the Brookdale
Center;
5. Conceptual approval, subject to further Planning Commission and City
Council review and approval, of four additional freestanding restaurant
and/or retail buildings to be located around the perimeter of the shopping
center; and
WHEREAS, the Planning Commission held a duly called public hearing on
February 25, 1999, when a staff report and public testimony regarding the rezoning and site and
building plan were received; and
WHEREAS, the Planning Commission recommended approval of Application No.
99001 by adopting Planning Commission Resolution No: 99-02 on February 25, 1999; and
RESOLUTION NO. 99-37
WHEREAS, the City Council considered Application No. 99001 at its March 8,
1999 meeting; .and
WHEREAS, the City Council considered the rezoning and site and building plan
request in light of all testimony received, the guidelines for evaluating rezonings contained in
Section 35 208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development
ordinance contained in Section 35-355, the City's Comprehensive Plan and the PI
Commission's recommendation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to approve Application No. 99001 submitted by Talisman Brookdale, LLC in
light of the following considerations:
1. The rezoning and Planned Unit Development proposal are compatible with
the standards, purposes and intent of the Planned Unit Development section
of the City's Zoning Ordinance and will allow for the redevelopment and
rejuvenation of the Brookdale Regional Mall which is a unique development
within the City of Brooklyn Center and whose viability is considered to be
vital to the stabilization of other commercial properties within the
community.
2. The rezoning and Planned Unit Development proposal will allow for the
utilization of the land in question in a manner which is compatible with,
complimentary to and of comparable intensity to adjacent land uses as well
as those permitted on surrounding land.
3. The utilization of the property as proposed under the rezoning and Planned
Unit Development proposal will conform with city ordinance standards for
the most part with the exception of the following allowed variations from
the zoning ordinance which are considered reasonable standards to apply to
this proposal:
Allow 5 ft. rather than 15 ft. greeenstrips at certain locations where
an appropriate 3 to 3 1h ft. high decorative masonry wall shall be
installed to offset negative effects (this standard has been allowed in
other areas within the city).
RESOLUTION NO. 99-37 _
Allow a 35 ft., or non -major thoroughfare setback for certain out
building locations based on variances that have been allowed for
other commercial buildings along major thoroughfares and seem
appropriate in this location as well.
Allow a 4.5 parking spaces per 1,000 sq. ft. of gross leasable area
rather than the 5.5 parking spaces per 1,000 sq. ft. of gross floor
area required based on the shared parking analysis provided and on
Urban Land Institute Methodology indicating a maximum of 5,133
parking spaces as being needed for the Brookdale Mall given the
mix of uses and square footages proposed in order to meet the
maximum weekday and weekend hourly demand, which is also in
keeping with at least two major regional malls in the area.
• Allow the 60 ft. wide parking dimension standard for 9Q degree
parking rather than the 63 ft. required separation based on the fact
that Brookdale has previously been allowed to have the 60 ft.
parking standard and it appears that it would work in this situation.
• Allow two freestanding signs up to 320 sq. ft. in area along T. H.
100 based on the uniqueness of the size, diversity of uses and
significance of Brookdale Mall.
• Allow an increase from 15 percent to 20 percent of the allowable
restaurant use without requiring additional parking at Brookdall;
Based on the uniqueness of Brookdale, the mix of uses and dynamics
of multiple stops per person at the Center.
4: The rezoning and Planned Unit Development proposal are considered
compatible with the City's Comprehensive Plan for this area of the city.
5. The rezoning and Planned Unit Development appear to be a good utilization
of the property under consideration and the redevelopment and rejuvenation
of Brookdale Regional Mall are an important long range use for the existing
property and are considered to be an asset to the community.
RESOLUTION NO.99-37
6. In light of the above considerations, it is believed that the guidelines for
evaluating rezonings contained in Section 35 208 of the City's Zoning
Ordinance are met and that the proposal is, therefore, in the best interest of
the community.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that approval of Application No. 99001 be subject to the following conditions and considerations:
1. The building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of permits.
2. Grading; drainage and utility plans are subject to review and approval by
the CityEngineer prior to the issuance of permits.
3. 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 completion of all approved site
improvements.
4. Any outside trash disposal facilities and rooftop or on -ground mechanical
equipment,shall be appropriately screened from view.
5. The buildings and building additions are 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.
6. An underground irrigation system shall be installed in all new landscaped
areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of
the City Ordinances with the exception of allowing two freestanding signs
up to 320 sq. ft. in area along T. H. 100.
8. Plan approval acknowledges a proof of parking for the Brookdale Shopping
Center based on providing 5,700 parking spaces on site.
RESOLUTION NO. 99-37
The applicants are allowed to retain the existing parking configuration
except where required modifications are to be made based on building
expansions or additions. New parking lot construction or reconfiguration
shall require concrete parking delineators as approved by the City Engineer.
9. The applicant shall submit as built surveys of the property, improvements
and utility service lines prior to release of the performance guarantee.
10. The property owner shall enter in an easement agreement for maintenance
and inspection of utility and storm drainage systems as approved by the
City Engineer prior to the issuance of permits.
11. All work performed and materials used for construction of utilities shall
conform to the City of Brooklyn Center's standard specifications and
details.
12. Approval of the application is subject to the review and approval of the
Shingle Creek Watershed Management Commission with respect to storm
drainage systems. Effective compensating storage shall be approved prior
to the construction and filling for the proposed building No. 5 on the site
plan.
13. The applicant shall enter into a development agreement with the City of
Brooklyn Center to be reviewed and approved by the City Attorney prior
to the issuance of building permits. Said agreement shall acknowledge the
various modifications to city ordinances and the rationale for allowing such
deviations by the City Council and the conditions of approval to assure
compliance with the"approved development plans.
14. Plan approval is granted for the Applebee's Restaurant building as
presented (Building No. 2 on the site plan).
15. Conceptual approval only is granted for three other out buildings shown on
the site plan as Building No.* 3, Building No. 4 and Building No. 5.
Planning Commission review and City Council approval in the form of a
co
Planned Unit Development amendment shall be obtained prior to the
issuance of building permits for these buildings.
RESOLUTION NO. 99_37
16. • The costs for traffic signals at the 55th Avenue and 56th Avenue
intersections with Xerxes Avenue shall be the responsibility of the
applicant.
17. . The plans shall be modified to show:
a. A 3 ft. to 3 'k ft. high decorative masonry wall in locations other
than along T. H. 100 where greenstrips are less than 15 ft.
b. The elimination of the access from the perimeter road to the parking
lot east of Building No. 3.
C. The location of the Shingle Creek Regional Corridor Trail through
the Brookdale parking lot.
d. The removal of Building No. 1 which is not part of the conceptual
approval granted at this time.
18. Applicant shall enter into a development agreement, in a form approved by
the City Manager and the City Attorney, that assures that adequate
provision will be made to accommodate public mass transit circulating
through the parking lot of the center and to allow for passengers to be
dropped off and picked up at the center. The applicant shall not be required
to -provide space or accommodations for mass transit vehicles parking,
stacking, or laying over; for parking of privately owned vehicles of mass
transit patrons; or for the transfer of passengers between mass transit
vehicles.
March 8, 1999
Date Mayof
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Ed Nelson and upon vote being taken thereon, the following voted
in favor thereof: Myrna Kragness; Kay Lasman, Ed Nelson, and Robert Peppe;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
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Fredrikson
July 26, 2005
Mr. Ronald A. Warren
Planning and Zoning Specialist
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
Re: Applebee's Neighborhood Grill & Bar at 1400 Brookdale Center
Dear Mr. Warren:
To supplement the package of materials I submitted to you with my letter dated July 20, 2005,
enclosed find our check in the amount of $100.00 representing the additional Application Fee.
In addition, I enclose a written summary of the purpose of the Subdivision Application, as you
requested. In response to your inquiry, we have submitted applications for both preliminary and
final RLS approval.
You indicated that you would try to put this matter on the Planning Commission Agenda for
August 1 lth. Unfortunately, we will not be able to have anyone attend that meeting and would
prefer if this could be delayed until the August 25th meeting.
If you have any questions or need further information, please contact me.
Sincerely,
Mrs. Bonnie A. O'Malley
Senior Paralegal
Direct Dial: 612.492.7093
Email: bomalley@fredlaw.com
BAO.jp
Enclosures
#3148651\1
Attorneys & Advisors Fredrikson & Byron, P.A.
main 612.492.7000 200 South Sixth Street, Suite 4000
fax 612.492.7077 Minneapolis, Minnesota
www.fredlaw.com 55402-1425
MEMBER OF THE WORLD SERVICES GROUP / OFFICES
AWoridwideNetwork ofProfessional Service Providers Minneapolis, London, & Monterrey, Mexico
Applebee's, Brookdale Shopping Center — Subdivision Application
Applebee's leases a portion of a large parcel of real estate known as the Brookdale Shopping
Center complex ("Restaurant"). For real estate tax purposes, most of the Brookdale Shopping
Center, including the Restaurant, is taxed as one parcel.
In 2003 and in 2004, the owner of the Brookdale Shopping Center (the "Landlord") failed to pay
real estate taxes when due. As a direct consequence, the City of Brooklyn Center refused to
reissue a liquor license to Applebee's for 2004 and again in 2005. Even though the Applebee's
Lease specifically provides that the Landlord is obligated to pay real estate taxes, Applebee's
voluntarily paid directly to Hennepin County a total amount of $8,700.00 in December 2003 for
2003 taxes and $19,408.73 as its share of 2004 taxes. Applebee's paid these amounts directly to
Hennepin County so that the City of Brooklyn Center would reissue Applebee's a liquor license
for the Restaurant.
Despite Applebee's efforts described above, the City of Brooklyn Center did not reissue a liquor
license to Applebee's for 2004 and in 2005 based on the City's ordinances which provide that the
City may not issue any licenses to properties with unpaid taxes. In response to the City's
position, Applebee's obtained from Hennepin County District Court injunctions ordering the
City of Brooklyn Center to reissue liquor licenses for calendar years 2004 and 2005 to
Applebee's.
In an effort to assure that Applebee's ability to obtain a liquor license for 2006 and all
succeeding years will not be disturbed by the Landlord's failure to pay taxes in the future,
counsel for Applebee's and counsel for the City of Brooklyn Center agreed that the Restaurant
be designated as a separate tax parcel by Hennepin County. Applebee's, at its own expense,
hired lawyers and a surveyor to prepare the necessary subdivision application. Pursuant to
correspondence from counsel for the Landlord dated September 20, 2004, the Landlord states
that it is willing to consider Applebee's' subdivision proposal.
Applebee's parking requirements will not change as a result of this subdivision. All parking,
access, ingress and other rights are all provided under the Lease and by recorded Operating
Agreement and Deciaraiiori of Covenants. Applebee's does not anticipate that any changes to
the Lease between the Landlord and Applebee's will be necessary as a result of this subdivision,
other than to amend the legal description of the Restaurant. 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 tax parcel.
In short, Applebee's brings this application in the hope that there will be no further issues with
respect to renewing Applebee's liquor license from the City of Brooklyn Center.
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