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HomeMy WebLinkAbout2003-006 - 5444 Brooklyn Blvd FULL PACKETMAY. 1.2003 12:51PN CITY BROOKLYN CENTER NO.574 P.2/2 5 t-D Date Received City of Brooklyn Center Planning Commission Application Application No. �, DD 3 DOL Address/Street Location of Property _ S'Y `iq brpokLy& Q)LvZ �I �n; G-, A #L) s5-y�5 Legal Description of Property �OT 3 uc.k. Q9'oro -YN Owner� izT^^ Phone No. 7v,5�-3o►o w, Address 93 ll Al, /Nr,-�dy •, 87:. 5 � fti. /an L.. J� �w.,a, /1 _ . Applicant one No. W5-24,2- 8827 Address 130?� I ST"�cT QJeder. M 1A1 5 30% ("L-b Type of Request: Rezoning Variance Special Use Permit Subdivision Approval Site & Building Plah Approval ElOther: of Requests S C� /-t -/) Application Fee Acct No, 10100.4403 Receipt No. _ 3 C 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 Enginceri:;g, Planning and Legal expenses reasonably and necessarily required by the Colty for ti a 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. Applicant (Please Print) Applicant's Signat re Dates of P. C, Consideration: Approved Denied following conditions; PLANNING COMMISSION RECOMMENDATION this --- day of 27 .20 _ , Subject to the Chairman Dates of Council Consideration: Approved Denied this.,!iZ ay of 1171.4 ✓ 20 0-5 , with the following Clerk City of Brooklyn Center A Millennium Community June 9, 2003 Mr. Jon Bogart 130761st Street Becker, MN 55308 Dear Mr. Bogart: This letter is to inform you of the action taken regarding Planning Commission Application No. 2003-006. Enclosed is an excerpt from the minutes of the Planning Commission meeting, the City Council meeting and the Planning Commission Information Sheet pertaining to your application for a Special Use Permit and Site and Building Plan Approval. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW:rsc Enclosures CC: File No. 2003-006 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall & TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org Commissioner Boeck asked about an agreement for the maintenance of utilities. Mr. Warren explained that a standard utility maintenance agreement would most likely need to be executed between the property owners and the City. Chair Willson stated that such a requirement could be added as Condition No. 14 for approval. Mr. Warren would amend the conditions to show the addition of Condition No. 14. Commissioner Newman asked the applicant to demonstrate how and when deliveries would be made on the site. Mr. Bogart explained how this would take place. Mrs. Donna Ziska, 5455 Brooklyn Boulevard, thanked the Planning Commission and Mr. Warren for bringing such a pleasant development to Brooklyn Center on this site. No other person from the public appeared before the Commission during the public hearing on Application No. 2003-006. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to close the public hearing on Application No. 2003-006 at 8:30 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003-006 — RTM RESTAURANT GROUP There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003-006, submitted by RTM Restaurant Group, for a special use permit and site and building plan approval to construct a 3,286 sq. ft., 80 seat Arby's restaurant on the lot located at the southeast corner of 55th Avenue North and Brooklyn Boulevard (5444 Brooklyn Boulevard), subject to the following conditions: 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, utility and erosion control plans are subject to review and approval by the City Engineer 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 permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. Page 4 5-15-03 5. The building is 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 landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all driving and parking areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance shall require an amendment to this special use permit. 12. This special use permit is subject to all applicable codes ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 14. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. Voting in favor: Chair Willson, Commissioners Boeck, Newman, and Reem. The motion passed unanimously. The City Council will consider the recommendation at its May 27, 2003 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. The Planning Commission recessed at 8:32 p.m. The Planning Commission reconvened at 8:33 p.m. Page 5 5-15-03 3. Prior to the ,release of the final plat, the applicant shall have either made application for a building permit to construct a single-family home on the proposed Lot 1 or executed a performance agreement and posted an appropriate financial guarantee to assure the removal of the garage on the proposed Lot 1 within one year. In no event shall there be an accessory building on the proposed Lot 1 beyond one year following the filing of the final plat unless there is aproperly constructed single familyhome on said lot. 4. The Final Plat shall be modified to show a 5 ft. wide drainage and utility easement along the north property line of the proposed Lot 1, as recommended by the City Engineer. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003-005 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 10b. PLANNING COMMISSION APPLICATION NO.2003-006 SUBMITTED BY RTM RESTAURANT GROUP. REQUEST FOR SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT AN 80 SEAT, 3,286 SQ. FT. ARBY'S RESTAURANT WITH A DRIVE -UP WINDOW AT 5444 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 15, 2003 MEETING. Mr. Warren outlined Planning Commission Application No. 2003-006 submitted by RTM Restaurant Group requesting for a special use permit and site and building plan approval to construct an Arby's Restaurant with a drive -up window at 5444 Brooklyn Boulevard. The Planning Commission recommended approval of Planning Commission Application No. 2003-006 subject to the following conditions: 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, utility and erosion control plans are subject to review and approval by the City Engineer 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 permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 05/27/03 -8- DRAFT 5. The building is 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 landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all driving and parking areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance shall require an amendment to this special use permit. 12. This special use permit is subject to all applicable codes ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 14. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. Councilmember Niesen asked for clarification on the entrance/exit locations and questioned if the traffic had been considered. Mr. Warren pointed out the three access points for entering and exiting the property and discussed the site plan review. Councilmember Carmody questioned if the door on the south side by the drive -up window would be used as a main entrance. Mr. Warren discussed that entrance would not be used as a main entrance. Councilmember Carmody inquired why a grease trap for the clean out at the construction point is not identified on the plan. Mr. Blomstrom informed that a dedicated manhole was located which was not known at the time of the plan review. 05/27/03 -9- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003-006 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. loc. PLANNING COMMISSION APPLICATION NO.2003-007 SUBMITTED BY MR. AND MRS. TONY YANG. REQUEST FOR A SPECIAL USE PERMIT TO OPERATE AN ADULT .DAY CARE FACILITY AT 5650 LILAC DRIVE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 15, 2003 MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2003-007 submitted by Mr. And Mrs. Tony Yang requesting for a special use permit to operate an adult day care facility at 5650 Lilac Drive North and that if the Council had any questions the applicants were present. John Cramer, resident near the property, addressed the Council to express some concerns and ask questions about the operation at the facility. Mr. Cramer asked what the ration would be with the caretaker and adults. Applicant Tony Yang addressed the Council and responded that the ratio would be 8 to 1. Mr. Cramer asked if the back door would have an alarm system. Mr. Yang responded that the back door would be locked during business hours and that there is no alarm system. Mr. Cramer suggested that an alarm be considered for the sake of the adults using the facility and the area residents. Mr. Cramer discussed his concern about the appearance of the property and snow removal. Mr. Yang discussed the property and the intent that he had for hiring someone for snowplowing in the winter. Mr. Warren informed that the Planning Commission recommended approval of Planning Commission Application No. 2003-007 subject to the following conditions: 1. The proposed adult day care facility is similar in nature to a group day care facility for zoning regulations and shall be considered a special use in the C-1 and C-2 zoning districts. 2. The adult day care facility as proposed by the applicants meets the Standards for Special Use Permits contained in Section 35-220, Subdivision 2b of the Zoning Ordinance. 3. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C-1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood, or the community. 05/27/03 -10- DRAFT Application Filed on 5-1-03 City Council Action Should Be Taken By 6-30-03 (60 Days) Planning Commission Information Sheet Application No. 2003-006 Applicant: RTM Restaurant Group Location: 5444 Brooklyn Boulevard Request: Special Use Permit/Site and Building Plan Approval The applicant, RTM Restaurant Group, is seeking site and building plan approval and a special use permit to construct a 3,286 sq. ft., 80 seat Arby's restaurant on the lot located at the southeast corner of 55`h Avenue North and Brooklyn Boulevard (5444 Brooklyn Boulevard). The property in question is zoned C-2 (Commerce) and is 35,719.9 sq. ft. (.82 acres) in area. It is bounded on the west by Brooklyn Boulevard; on the north by 55`h Avenue; on the east by a shared access drive with the Firestone tire store (5445 Xerxes Avenue North) on the opposite side of the access drive; and on the south by the combined Kentucky Fried Chicken and A & W restaurant. Convenience food restaurants such as this are special uses in the C-2 zoning district. Access to the site is gained through a 40 ft. wide private roadway easement leading from 55`h Avenue North to the K & G clothing store property. This access drive serves this site, the KFC/A & W site, the Firestone site and the K & G site. No access directly to this site from Brooklyn Boulevard or 55th Avenue North is proposed. Three access drives from the roadway easement are provided for the proposed Arby's restaurant site, which are located approximately across from the accesses serving the Firestone tire store. Two lead to and from the parking lot, while the third is from the drive -up window lane. The building will be oriented to the south portion of the site with a drive thru lane going in a counter clockwise fashion around the west and south sides of the building. The pick up window will be on the south side of the building. The main parking area, including handicap parking, will be on the north side of the building with 86 parking spaces including two handicap parking spaces in the parking lot. Parking for this site is based on the restaurant parking formula which requires one parking space for every two seats and one space for every two employees at the maximum shift. The plan calls for 80 seats in this 3,286 sq. ft. building. The 46 parking spaces will accommodate the 80 dining seats and up to 12 employees at the maximum shift. The drive thru lane will access the shared roadway at the southeast corner of the building. Page 1 5-15-03 B-612 curb and gutter will be provided around all parking and driving areas. Drainage in the parking lot is handled by two catch basins in the approximate center of the lot. Catch basins are also provided in the drive up area at the southwest and southeast corner of the sites and tied in to existing storm sewer. Sanitary sewer is located on the southeast side of the building and water is to the south. The grading, drainage and utility plans are being reviewed by the Director of Public Works/City Engineer and his written comments are attached for the Planning Commission's review. The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This .82 acre site requires 80 landscape points. The applicant's proposal is to augment the already existing landscaping that was planted around the perimeter of the property by Welsh Company's, developers of the K & G and KFC/A & W sites. This landscaping includes perimeter plantings in the green strip areas along Brooklyn Boulevard and 55th Avenue North. Shade trees such as Maple, Linden and Birch have been planted in these areas along with shrubs such as Grow Low Sumac, Red Flame Miscanthus Goldsturm Rodbeckia, Gold Mound Spirea, Sedum Autumn Joy and Dogwood among other plantings and shrubs. Decorative trees include Crab Apple. The augmented plantings, which will be located around the perimeter of the Arby's building and in island landscaped areas include four Sugar Maple, two Serviceberry, and three Techney Arborvitae. Shrubs include Glode Arborvitae, Sea Green Juniper, Darts Red Spirea, Dwarf Burning Bush, Bravado Coneflower and Hosta. The additional plantings around the perimeter of the building and in island areas add 125.5 landscape points to the total for the site. The total plantings on the site well exceed the minimum landscape points required for this development. The building exterior is proposed to be a combination of smooth face block, corduroy accent block, scored smooth field block and rock face field block in various shades of brown with burgundy and red accent. A prefinished standing seam metal roof, red in color, is located over a clear insulated glass accent piece at one end of the building. Red neon and awnings are also used as accent. The accent piece of the building will be located facing Brooklyn Boulevard with store front windows on the northwest and south elevations. The floor plan shows the common seating area and service area as well as the layout for the restaurant, kitchen and cooler space. As pointed out previously, there will be seating for 80 customers and enough parking to accommodate up to 12 employees at the maximum shift. Page 2 5-15-03 The applicant has submitted a lighting plan showing photometrics and the location of seven freestanding lights approximately 25 ft. tall. The foot-candles shown do not exceed the standards outlined within the City's Zoning Ordinance. The light fixtures will be a shielded box shaped fixture directing light on to the site. No glare should emanate from, or be visible beyond the boundaries of the property. The plan shows the location of the trash enclosure to be easterly of the building. It will be an 8 ft. high masonry structure to match the building exterior and contain a solid steel gate painted to match the masonry finish. Convenience food restaurants are special uses in the C-2 Zoning District and as such must meet the Special Use Permit Standards contained in Section 35-220 of the City Ordinances (attached). These Standards for Special Use Permits require that the proposed special use will promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood, nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located. The applicants believe that their proposal will fit into the surrounding uses of property both aesthetically and use wise and will not be detrimental to the general public. They also believe their proposed use and development will not substantially diminish and impair property values within the neighborhood given the plan they have submitted. They believe their proposed use will provide the community with an alternative quality restaurant, which can be safely accessed by pedestrians and vehicular traffic. Their proposal will be arranged and operated so as not to interfere with the use and development of neighboring property and they believe their design standards meets required building, parking and landscaping requirements. Their proposal should conform with the applicable regulations of the district in which they are located. In general, the staff would concur with the above and we believe that the proposal meets the Standards for Special Use Permits contained in the City's Zoning Ordinance. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. We believe the plans are generally in order and approval is recommended subject to the following conditions: Page 3 5-15-03 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, utility and erosion control plans are subject to review and approval by the City Engineer 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 permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is 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 landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all driving and parking areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance shall require an amendment to this special use permit. 12. This special use permit is subject to all applicable codes ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. Page 4 5-15-03 05/29/2003 13:36 FAX 952 897 7744 WELSH COMPANIES im 002 Direct dial. 952,897.7750 Fax. 952.842.7750 E-mail: ijohaunsonOwclshco.00m May 29, 2003 Jon Bogart Bogart Pederson & Associates, Inc. 13076 First Street . Becker, MN 55308-9322 RE: Brooklyn Center, Minnesota Proposed Arby's Dear Jon_ Confirming our telephone discussion from Wednesday, Brooklyn 55, LLC, the fee owner of the three adjoining parcels in Brookl)m Center, hereby grants permission to RTM, Inc. (d/b/a Arby's) to utilize the two Rater stubs which have previously been installed at the northern; end of the existing Kentucky Fried Chicken/A&W facility. We, as developer of the overall shopping center, had these water stubs installed as a convenience and with an intention for them to be used by the occupant of the remaining outlot. Please let me know if I need to make any further confirmation of this with the City, or any other party. Thank you for your assistance and attention to this matter. Please contact me with any questions. Sincerely, J. kJoh2son Sr. Vice President, Retail 952-897-7750 cc: Ann Hartman, Welsh Companies Ron Warren, City of Brooklyn Center - via Facsimile 7807 CreekKge Circk Minneapolis, ZvRq 55439-2609 TEE 952.897.7700 Fax 952.842.7700 www.wefsitco.com MEMORANDUM DATE: May 9, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: Arby's Restaurant, RTM Restaurant Group Brooklyn Blvd / 55th Avenue North Revised plans for the proposed Arby's Restaurant at Brooklyn Blvd and 55th Avenue North were reviewed for engineering and utility issues. The following plan sheets were submitted to the Public Works Department for review. 1. Sheets 1 to 12 of 12, dated May 1, 2003 2. Revised Sheet 3 of 12, dated May 5, 2003 3. Sheet L1, dated May 1, 2003 4. Sheets Al and A4, dated March, 2003 The following comments are provided for your consideration. Water Supply Water service is proposed to be extended into the building from two existing stubs at the south property line. The Owner should be aware that both water services are extended from private water main within the lot to the south of the site. The public water main service stub ends at the west property line of the KFC / A&W site as shown on Sheet 3. 1. The plans appear to indicate that the two proposed water services to the building will not be tied together. The Owner should consider connecting the two water stubs to make a loop line. The fire line and service line can then be extended off of the service loop to improve fire flow capacity. 2. 6-inch PVC SDR 35 pipe should not be used for water service connections in Brooklyn Center. 3. Isolation valves must be provided on the water service lines. Contact Mark Hartfiel at the Water Utility, 763-585-7103 to discuss location requirements. 4. The Owner should contact the City Fire Chief to discuss if additional hydrants are needed within the site. GADepts\Public Works\Engineering\Development & Planning\Arbys03\Site Plan Review.doc Sanitary Sewer Public sanitary sewer service is proposed to be extended from the existing 8-inch diameter sanitary sewer stub in the southeast corner of the property. The site is served by public sewer located in Xerxes Avenue. 1. Plan Sheet 3 indicates that a clean -out will be constructed at the connection point. A manhole structure is needed at the connection point. The purpose of the manhole structure is to assist in determining sources of grease into the sanitary sewer system from the various restaurants if problems develop in this portion of the collection system. 2. A grease tap was not identified on the plan. Storm Water Management Storm water runoff from this area of the city is conveyed by storm sewer to Shingle Creek. Sheet 2 indicates that the proposed internal storm sewer system will connect to the existing 12- inch diameter storm sewer stub at the southeast corner of the property. Sheet 1 indicates a total impervious surface area of 23,280 square feet. Further storm water runoff calculations were not provided with the plans. Data outlining the net increase in impervious surface for the proposed project must be submitted to the City for review. Submittal information must include existing impervious surface area, proposed impervious surface area, net increase in runoff rate, and proposed storm water management practices if the impervious surface area is significantly increased. Grading and Erosion Control Sheet 2 provides the existing site elevations and proposed curb elevations for the site. Grade adjustments for the proposed project are minor. 1. An erosion control plan must be prepared and submitted to the city for review prior to initiating grading activities within the site. 2. The Owner will be responsible for the cost of sediment removal from the public storm water conveyance system and restoration of impacts to Shingle Creek if sediment is discharged to the creek from construction activity within this site. GADepts\Public Works\Engineering\Development & Planning\ArbyS03\Site Plan Review.doc