HomeMy WebLinkAbout2004-007 - 1150 BrookdaleDate Received
I I u 900 Oak' C�
Address/Street Location of Property
City of Brooklyn Center
Planning Commission Application
Application No.
Phone No. `1(�3- 5& (a - 3 7.3
110Y.M&IrdKAMP-- /%lsww Sid%�i'�1r3[iMAiMMI&O_M�n►E"fi�'%�%�
Applicant f�&U w 1 �.pnllS v Phone No. Q52- 22- SpQ
Address 71ol r�esf 7 s�: loam ng fir, nl�3R
Type of Request: 7 Rezoning
Subdivision Approval
v
Variance Special Use Permit
Site & Building Plait Approval
FAOther:
Description of Request:
Application Fee 100-4403 Receipt No.
The applicant requests processing of this application and agrees to pay to the City of Brooklyn Center,
within fifteen (IS) 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 ind prior to
withdrawal.
Applicant (Please Print) Applicant's Signa ure
PLANNING COMMISSION RECOMMENDATION
Dates of P. C. Consideration: -y `t Kes o�u-6q ` 0 c�
C C PS a�o1�-�7
Approved Denied this ,� day of 5 20 42.�l , subject to the
following conditions:
Chairman
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Y°1T�f' r_OUNCH ACTION �� Dates of Council Consideration:
Approved k- Denied this = dsy of _([a L_y 20 ,with the following
amendmePt:
Clerk
Application Filed on 6-17-04
City Council Action Should Be
Taken By 8-16-04 (60 Days)
Planning Commission Information Sheet
Application No. 2004-009
Applicant: Frauenshuh Companies
Location: Brookdale Center - North Parking Lot
Request: Planned Unit Development Aendment
The applicant, Frauenshuh Companies, is seeking another Planned Unit Development
Amendment in order to construct a 4,195 sq. ft. Dairy Queen Grill and Chill in the north parking
lot of Brookdale Center. This new proposal involves a modification in the location of the
building and the drive lanes previously approved in order that they not be required to construct a
3 ft. high decorative masonry wall.
A Planned Unit Development Amendment was approved by the City Council on May 24, 2004
for a Dairy Queen Grill and Chill at this same location. That approval contemplated a 3 ft. to 3 %2
ft. high decorative masonry wall to be installed in the area where a 5 ft. green strip was
authorized rather than the required 15 ft. green strip. The purpose of the decorative wall was to
offset or mitigate the negative effects of the lessened green strip. The new proposal has factors
and attributes which the applicant believes should relieve them of providing the decorative wall
which has become an expensive obstacle.
The proposed site for the Dairy Queen Grill and Chill is located between the Midas
Muffler/Precision Tune property and the Northway Drive/County Road 10 entrance to Brookdale.
The property in question is zoned PUD/C-2 (Planned Unit Development/Commerce) and is
bounded on the north by County Road 10; on the west by the Midas Muffler/Precision Tune site;
on the south by the Brookdale perimeter road with Mervyn's parking lot on the opposite site of
the road; and on the east by the Northway Drive/County Road 10 entrance to Brookdale.
The original Planned Unit Development Rezoning to PUD/C-2 and development plan approval
for the expansion, redevelopment and rejuvenation of Brookdale Center was approved under City
Council Resolution No. 99-37 on March 8, 1999 (copy attached). A Planned Unit Development
Amendment for development of the Dairy Queen Grill and Chill as Building No. 2 was approved
under City Council Resolution No. 2004-72 on May 24 2004 (copy attached). The current
request is an amendment to the May 24, 2004 approval.
As the Commission is aware, the PUD process involves a rezoning of land to the PUD
designation followed by an alpha -numeric designation of the underlying zoning district. This
underlying zoning district provides the regulations governing uses and structures within the
Planned Unit Development. The rules and regulations governing that district (in this case C-2)
would apply to the development proposal unless the city were to determine that another standard
7-15-04
Page 1
or use would be appropriate given mitigating circumstances that are offset by the plans submitted
by the developer. One of the purposes of the PUD district is to give the City Council the needed
flexibility in addressing development and redevelopment problems.
Regulations governing uses and structures may be modified by conditions ultimately imposed by
the City Council on the development plans. The PUD process involves a rezoning of land and,
therefore, is subject to meeting the City's Rezoning Evaluation Policy and Review Guidelines
that are contained in Section 35-208 of the City's Zoning Ordinance. Also, proposals must be
consistent with Section 35-355 of the City's Zoning Ordinance, which addresses Planned Unit
Developments. Attached for the Commission's review are copies of Section 35-208 and 35-355
of the City's Zoning Ordinance for review. As mentioned previously, the City Council adopted a
resolution approving the overall PUD for Brookdale Center. The City Council also approved an
amendment to the PUD for the original Dairy Queen Grill and Chill proposal. Those resolutions
contained the various findings and considerations necessary for approving the PUD and the
amendment. For the most part, these findings and considerations were made given the
applicant's proposed use and this amendment also is to acknowledge the revised building
location and details through the PUD amendment process. Approval of this Planned Unit
Development Amendment should acknowledge compatibility with the policy and review
guidelines of the previously mentioned Section 35-208 and also the provisions of Section 35-355
of the Zoning Ordinance.
Attached is a copy of the Brookdale PUD site plan and the site plan/landscape plan approved on
May 24, 2004 for the Dairy Queen Grill and Chill proposal. We believe that the proposed
amendment submitted by Frauenshuh Companies can be considered in keeping with the findings
and considerations associated with the previous approval provided the reconfigured proposal
meets the Commission's recommended approval. The proposed amendment, we believe, can be
considered consistent and compatible with surrounding land uses in this area. The development
plan amendment being submitted should bear fully the ordinance development restrictions for the
proposed development or be offset by factors related to the plan. It also appears that the use of
the property in the context of the overall development will be a good long range use of the land
and can be considered to be in the best interest of the community. The plan, as will be shown in
the site and building plan proposal, utilizes the property in a manner that can be considered
consistent with the Planned Unit Development approval granted under Resolution No. 99-37 as
amended by Resolution No. 2004-72. That approval allowed a 5 ft. rather than 15 ft. green strip
at certain locations where an appropriate 3 ft. to 3 '/2 ft. high decorative masonry wall was to be
installed to offset the negative effects of the proposal. This amendment seeks to eliminate the
green strip encroachment and thus eliminate the need for the decorative masonry wall.
AMFNDFT) STTF ANT) RTTTT.T)TNCT PROPOSAT.
The recent proposed amendment comprehends shifting the building to the south thus allowing a
15 ft. green strip between the property line along County Road 10 and the curb line. This curb
line would follow the existing curb line for the Brookdale parking lot. It was in this area that the
3 ft. to 3 Mt. high decorative masonry wall was required, offsetting the reduced green strip.
Encroachments into the 15 ft. green strip would continue to be requested at the northeasterly
7-15-04
Page 2
corner of the site, adjacent to the Northway Drive/County Road 10 entrance into Brookdale. This
was the area where extensive discussion took place between the applicant and the Planning
Commission regarding an appropriate barrier to be provided in this area. A condition of the
approval of Application No. 2004-007 was "the garden wall or similar treatment should be
extended southeasterly along Brookdale's property line to control pedestrian traffic." To meet
this condition and to offset or mitigate the reduced green strip in this area, the applicant is
proposing to construct a concrete walkway connecting to an existing sidewalk, which in turn ties
into the crosswalk at the Northway Drive/County Road 10 intersection. The plan shows three
existing wood planters and a concrete planter in this right of way area along with some existing
and additional landscaping. The applicant believes this is a sufficient enough visual and physical
barrier to meet the previous approval and to offset the reduced green strip. It should be noted
that the survey provided with this submittal shows the wood and concrete planters. A review of
the site indicates that these are not as formidable a barrier as it would seem on the plan. The
Planning Commission must determine what is a sufficient treatment to this area to meet the intent
of a reduced green strip and the physical barrier to attempt to control pedestrian traffic in this
area.
With respect to the balance of the plan, it is basically unchanged from that previously reviewed.
The north curb line will correspond to the curb line of the existing parking lot. The shift to the
south will eliminate approximately six parallel parking spaces adjacent to the perimeter road and
an additional curb break will be created in this area. Attached for the Commission's review is a
copy of the site/landscape plan submitted under the previous approval for comparison with the
newly submitted plans. One point to be noted, is that the building should be shifted
approximately 5 ft. further south to meet the 35 ft. building setback requirement.
Grading/Drainage/Utilities, Landscaping, the Building Floor Plan and Exterior Elevations as well
as Lighting/Trash are all the same, adjusted to accommodate the shifted building and parking lot
location.
PROCEDURE
As pointed out previously, this proposal is an amendment to the Planned Unit Development
Amendment previously approved for the Dairy Queen Grill and Chill. As a Planned Unit
Development, the proposal is required to follow the procedures required for the original Planned
Unit Development. This requires a public hearing, which has been scheduled. Notices of the
Planning Commission's consideration have been sent and a notice has also been published in the
Brooklyn Center Sun/Post.
In many respects the plan is consistent with that approved under the most recent amendment with
the big questions being the appropriateness of screening, landscaping and physical barrier along
the northeasterly portion of the site. It can be argued that because they are no longer seeking a
green strip encroachment that the 3 ft. high to 3 % ft. high decorataive masonry wall need not be
provided to offset or mitigate the lessened green strip. However, green strip encroachments still
exist between the northeast and southeast corners of the site. For the Planning Commission to
recommend favorably, it must determine that the plan offsets or mitigates this encroachment
7-15-04
Page 3
factor. Approval of this application should acknowledge the findings, considerations and
conditions that are comparable to those made in previous City Council Resolutions. A draft
Planning Commission Resolution is offered for the Commission's consideration. This
resolution outlines the Commission's consideration of the matter and also recommended
considerations and conditions for approval.
7-15-04
Page 4
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