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HomeMy WebLinkAboutPC99011 - 3201 Cty Rd 10c O IM O O a � � a (aN S '0 w CD U, H ° E E �_ c x 4� O 0v L a 8 >- CM d PP a C i a 0. 0 0 c a �-- V _ .o Q LQ' 0 o OMl M M N N l0 lv z z c c a Ln Ln rd 0 N � a o v a a 0 0 r� v� �-- o o Ln .. d NC � a 0 Q W to Q a D) a H V m a � O E R4 +0 .�1 0 T•i rn o raw J rg w " `0 i c O p U a cc t .c O �ca u m a J2 U 1.0 v �J O M ° c oho Za o CL a CM1 �r c ro OC Im c 0 A a ++ 'flA c a M 106 a Ci �cn� r u = at. .IrEN3 coo a q a a• S L 9 map o - ~ aa� .Coa e �. 0. a !" 3 Ci CL 3 N\i 4- 0 .O �I N w c 0 'c .0 0 y c o U 6 O o a '0 0 > c �3 y 0 CL o Qo 4- z d V zi 0 i U U N EH U o 81 pq y da) a o c C p tf O s c a '13 d � > Q 0 �o - M rn I M N r-I O Z a1 O � M d' co Ln Ln 0 o r� to .fy N N� PI c Ln r- O Q V Q Q 0 0 E a as N m a w 1011 v c l ■l tx O cc !_� ■ A 07 s.: r-I a 19 N Q Q) 0 04 r-{1 0 RI 0 O U) P4 _N b • .c i 0 m m o �to C'a o c O Y C C m C � •� N 79 U��wCCa O Z a��AOf po C a O �drt m N 10 C cc 0 c0 'o a �� _ A 0 r : a .., L .6 41 R °020 Oc CL a � m � 41 � O c .d c 'co o — 'M 3 o EN ° d c o a q C h 4 a w >• S = a 'O sixo n S. 0 U U c z ° o U • c =$Wc33 a p���� a a 3 u CL +7C- V aa) a) E > .o o c am a a� MEMORANDUM TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Various Site Performance Guarantee Releases DATE: January 6, 2009 Recommendation: It is recommended that the City Council authorize release of the following site performance guarantees being held by the city for completion of various site improvements. Background: Burger King Restaurant (3201 County Road 10) Planning Commission Application No. 99011 Amount of Guarantee - $17,500 (Cash Escrow) Obligor — Redking Foods, LLC All of the site improvements and conditions for which a performance guarantee was posted have been installed and completed for this 1999 project. The project involved a special use permit and site and building plan approval for a 3,314 sq. ft., Burger King convenience restaurant at 3201 County Road 10 (southwest corner of Xerxes Avenue North and County Road 10). An as built survey has been submitted to the Engineering Department showing utility locations and other engineering related items have been completed. Landscaping has been installed and has proved to be viable through the winter. It is recommended that the City Council authorize release of the $17,500 guarantee posted based on satisfactory completion of the site improvements for this project. CVS Pharmacy (5801 Brooklyn Boulevard) Planning Commission Application No. 2005-003 Amount of Guarantee - $110,000 (Surety Bond) Obligor — Copeland Building Corporation All of the site improvements and conditions for which a performance guarantee was posted have been installed and completed for this 2005 project. The project involved a PUD/Rezoning and Development Plan Approval for a 13,000 sq. ft. CVS Pharmacy at 5801 Brooklyn Boulevard. An as built survey has been submitted to the Engineering Department showing utility locations and other engineering related items have been completed. Landscaping has been installed and has proved to be viable through the winter. It is recommended that the City Council authorize release of the $110,000 guarantee posted based on satisfactory completion of the site improvements for this project. Retail Strip Mall (615 66t" Avenue North) Planning Commission Application No. 2006-004 Amount of Guarantee - $75,000 (Surety Bond) Obligor — Seerco, Inc. All of the site improvements and conditions for which a performance guarantee was posted have been installed and completed for this 2006 project. The project involved a PUD Amendment and building plan approval for a 10,000 sq. ft., multi tenant retail building at the southeast corner of 66th and Camden Avenues. An as built survey has been submitted to the Engineering Department showing utility locations and other engineering related items have been completed. Landscaping has been installed and has proved to be viable through the winter. It is recommended that the City Council authorize release of the $75,000 guarantee posted based on satisfactory completion of the site improvements for this project. Brooklyn I, LLC (6901 Brooklyn Boulevard) Planning Commission Application No. 2006-004 Amount of Guarantee - $40,000 (Letter of Credit) Obligor — Brooklyn Center I, LLC All of the site improvements and conditions for which a performance guarantee was posted have been installed for this approximate 3,700 sq. ft. multi -tenant retail building project at 6901 Brooklyn Boulevard. Grading, curb and gutter, storm sewer and other Engineering Department requirements, including the submission of an as -built survey have been satisfied. Landscaping for the project has been provided in accordance with the approved landscape plan. It is recommended that the City Council authorize release of entire $40,000 Performance Guarantee posted based on satisfactory completion of the site improvements for this project. McDonald's (5525 Xerxes Avenue North) Planning Commission Application No. 2006-005 Amount of Guarantee — $100,000 (Surety Bond) Obligor — Greiner Construction, Inc. All of the site improvements and conditions for which a performance guarantee was posted have been installed for this approximate 4,240 sq. ft., 78 seat McDonald's restaurant at 5525 Xerxes Avenue North. Grading, curb and gutter, storm sewer and other Engineering Department requirements, including the submission of an as -built survey have been satisfied. Landscaping for the project has generally been provided in accordance with the approved landscape plan. It is recommended that the City Council authorize release of the $100,000 guarantee posted based on satisfactory completion of the site improvements for this project. Budget Issues: There are no budget issues. PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER NOVEMBER 10, 1999 (WEDNESDAY) REGULAR SESSION 1. Call to Order: 7:30 p.m. 2. Roll Call 3. Approval of Minutes - October 28, 1999 4. Chairperson's Explanation 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. 5. Wickes Furniture Company, Inc. 99010 Request for a Special Use Permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center. 6. RSP Architects (On Behalf of RED King) 99011 Request for Site and Building Plan approval and a Special Use Permit for the last building at the Brookdale Corner redevelopment site at the southwest corner of Xerxes Avenue and County Road 10. 7. Other Business 8. Adjournment Application Filed On 10-27-99 City Council Action Should Be Taken By 12-26-99 (60 Days) Planning Commission Information Sheet Application No: 99011 Applicant: RSP Architects (On Behalf of Red King) Location: Southwest Quadrant of Xerxes Avenue North and County Road 10 Request: Site and Building Plan Approval/Special Use Permit The applicant, RSP Architects on behalf of Red King, is seeking site and building plan approval and a special use permit for the last remaining building at the Broolcdale Corner redevelopment site, which is located at the southwest corner of Xerxes Avenue North and County Road 10. The plan is for a 3,314 sq. ft. Burger King convenience food restaurant at the location shown as "fast food" on the original site plan for this redevelopment. The property in question is zoned C-2 (Commerce) and is bounded on the north by County Road 10 and an office building located at the corner of County Road 10 and Brooklyn Boulevard; on the east by Xerxes Avenue; on the south by Baker's Square, 56th Avenue North and the Marquette Bank property; and on the west by Brooklyn Boulevard. Convenience food restaurants are special uses in the C-2 zone. BACKGROUND Broolcdale Corner, LLC was granted site and building plan approval under Planning Commission Application No. 99002 on March 22, 1999, for the redevelopment of the Westbroolc/Dayton's Home Store site with four new buildings totaling 96,275 sq. ft. The four new buildings on the approved plans included a 68,850 sq. ft. Cub Foods store, a 14,550 sq. ft. retail building labeled "Retail A", a 10,500 sq. ft. retail building labeled "Retail B" and a 3,325 sq. ft. building labeled "Fast Food". Two other buildings on the site were to remain, a 12,170 sq. ft. building housing Hirshfield's and a 7,715 sq. ft. office/retail building. Full site and building plan approval was granted for the Cub Foods Store, while conceptual approval including the site location and square footage for the other three buildings was granted at that time. The applicant was informed that they would be required to seek additional approval for the remaining buildings when details, such as building elevations, materials and user in the case of the fast food building were proposed. The buildings designated as "Retail A" and "Retail B" were approved by the City Council on August 23, 1999, under Planning Commission Application No. 99008. The design of and user for the "Fast Food" building have now been provided and this is the subject of the Planning Commission application in hand. 11-10-99 Page 1 SITE AND BUILDING PLAN The applicant has submitted a site plan showing again the location and configuration of the various buildings malting up the Brookdale Corner redevelopment plan. The plan is for a Burger King restaurant on the building pad designated as "Fast Food". The square footage of the building is 3,314 sq. ft., slightly less than that approved as a footprint for this building. Their proposal modifies slightly the originally approved site plan. The building is the same orientation on the lot, but it has been moved to the west slightly to accommodate parking in front of the building and to eliminate cross traffic in the drive thru lane. The proposal does not change traffic circulation or the number of parking spaces required. The facility will include an interior playland which is a prominent feature shown on the building elevations. This area extends above the roof line of the Burger King facility and has a mansard style roof carried around all four sides of the structure. It will be located on the north side (County Road 10 side) of the structure. Modifications have been made to the exterior design and finishes of a standard Burger King building to conform to the design criteria established for this development. The exterior treatment will be primarily a four inch high rock faced concrete masonry unit (CMU) of a natural gray color with burnished and scored CMU banding at the top of the building which will also be a natural gray color. A burnished CMU banding will be located around the lower portion of the building and will be a gray balsam color. Slate select shingles will be used as a mansard treatment around the entire portion of the playland part of the building. These roofing tiles will be a tudor blend. Similar slate shingles will be provided in canopy areas along the front and side elevations. An 8 ft. high CMU screened fence and trash enclosure is located at the south end of the building. It contains a solid trash enclosure gate and the color of the rock faced CMU will be a natural gray with a burnished gray balsam band around the bottom consistent with that carried around the entire building. A colonial red metal coping will be provided around the top of the play area structure with a sierra tan metal coping around the balance of the building. An exterior insulated finish system (EIFS) panel in the approximate middle of the building colored a rainbow blue is an architectural type feature on the building. The building elevation shows a Burger King sign affixed to the top of this structure. It has been pointed out to the architect that a sign affixed to such a structure would be considered a roof sign which is allowed only in lieu of other permitted freestanding signery. What we know of the freestanding signery allowed for this complex, will not allow such a sign. All signery must be in compliance with the city's sign ordinance (Chapter 34). SPECIAL USE PERMIT STANDARDS The applicant has submitted a letter explaining their proposal and addressing the standards for special use permits contained in Section 35-220 of the city ordinances (attached). The standards 11-10-99 Page 2 for special use permits require that the proposed special use 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 property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Their letter notes that they are not an endangerment to the public health, safety, morals or comfort of the community as Burger King has operated numerous franchises within the Twin City area. They note that the redevelopment of the Brookdale Corner site anticipated a convenience food restaurant at this location and they believe they will be an asset to the community. They note that they will not create any hindrance to development of surrounding property or to property values in the area and that their development does not affect the ingress of egress of the total development nor parking on the site. Also, they point out that they will comply with applicable building codes and zoning regulations. Furthermore, the exterior appearance of the building is designed in conjunction with the Brookdale Corner redevelopment. We concur with their comments and do believe that this 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. RECOMMENDATION We believe the plans are in order and approval is recommended 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. Plan approval acknowledges all other conditions imposed on the applicant under Planning Commission Application No. 99002. 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 all site improvements related to the construction of this convenience food restaurant. 4. This special use permit is granted to the applicant for a convenience food restaurant with drive -up window as contained on the plans submitted. Any expansion or alteration of this use not comprehended by this application or permitted under the zoning ordinance shall require an amendment to this special use permit. 11-10-99 Page 3 5. This special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the city ordinances. 11-10-99 Page 4 H is a A un j l_o wma gum m .«� xnxnr ® ��^== o —a n>f —ur RMR tlq - ow �R�r aw «" m.an.i wo „rsa a« .a•r m Nip �- N'VId 3116 .. "R M N ^-^•-� •' 'NW 'N31N30 NA I�MIG n�n+r. 9N[M33111�N31 3Nf117311H7MY 'N '3AV S3X213X �P OL OV021 A1Nf10� i �r7) M ►Rri 'aie�1M�1 I IRnRv 41�/K �' Iwra�lo DEEOEV `MI�LJ 11 1 �, _ 13>QJ vyZ 3 d n s ARv� yy ( ` g i 8 H Q H i• 7 5 S Ill, all Ralag NOV-04-1999 09:51 I 612 339 6760 P.02/02 RSP RRCHITECTS 41 LO at 01 W Q J 78 ©■■®MONA f� r�W1i 00 C C. NC Qwb It o,o•o.e"o I O b O ■ i^Pl N011TM n���i�ii LJ...1 MY M-M .eC>ti-s?N OF. . w ..• ii I' WN m n wu.uu • t.en ow n 6uRom 55 RES7AURAW BURGER KING 6f300K YN L NTER M I@CORPORAMON8R001Cl.�fN CENTfwR. MN1 ., «� n.�wn �,� „• on nµ K,*,» .«v..ray.� mro•oa .a"M �«1,16ON6100 NV 'kd31Na.7 NA-VOOMS �-- NOLLV1:10c1�100 �;p .m a-roaN00aa PONNuat5 heiNvdnvlsad dND1 daoldne wci agaoioou eava 4or wxmu ®� eatee.see -"m p a n 3 C a p s s s s s s s v J 0 W o_ � Q o o • ,� O o 2 � ® � � c� � � 5 o0 0000 00000©0 � Ri Y�Z I I I N I n ,kxy`y tOti Ln w I +i IU011 lima LU ve I 4 ar .. �uorvvvoava�� m U 0 Y —FD I g o� I y � 8 Ifig P g3fib, IN fit 'S ' �I------------------ .� Jill 1 $g € 1 1 10 lz See a g wo. ��itTll r.f�..f.vexefueAaRAxRAFAAlaaaiR fov0000afuooaooufaoaouxuawn 000 I :r Lr) � 8 illy ;e Ronotaaa7aiavelztlSI:is:tl.:alti:tiAF uoon0000a0000aa0000000000anoovofov --------------------- o I�` '• SZ'89£ . � � o m ��i�R 9J99 � ��Colg�'�9i7 � 563�� • r.f. e.f."e stef�feRaRRxRRf RRAecf AxR V• - 0 euouoov�u�ouvv0000v00000000000 1 N01IVEdOJIA00 0 ONIN >:Iaouns �micm YlMi v(a 41 ARR3t io �v ru _ a R7179111.re �1 ea � 1 ppp 9g EEE dx12tC$a In y M11.4 I ILH �__ —_— / O •F' } 8 � h+ . .Fr RR Cq 4 Z • .NYL .Yt .L•A �$Q�y�}� II© ry e I I I 4�g4� R t I I I I 1 4 4 R �-T -F T�I I � hy,UDDorld NW 'UMINOO W.1�I00Li9 C)o ®.,1Nddndlsad %DNI)I upouns Q Section 35-220 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the followine are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restriction The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. d. Revocation and Extension of Special Use Permits `Vhen a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paving an additional fee in an amount as set forth by the City Council resolution. Special use permits °ranted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one year, the special use permit related thereto shall expire one ,year following the date of abandonment. 26 October1999 Mr. Ron Warren, City Planner City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Michael J. Plautz, A.I.A. __-_-_ _ __ _.____ __ __-_ RE: Special Use Permit/Site & Building Plan Approval Stephen J. Fautsch, A.I.A. Burger King Restaurant — Brookdale Corner Jim Fitzhugh, A.I.A. RSP Comm. No. 5922.001.02 Robert M. Luaus, A I A. __-- Dear Mr. Warren: David C. Norback, A.I.A. Pat Parrish Enclosed with this letter are the required design drawings, completed application, and fees to apply for the Special Use Permit and Site & Building Plan Approval for a proposed Burger King Richard Varda A.I.A., aS.L.A. Restaurant at the Brookdale Corner Development. Terry Wobken, A.I.A. Red King, the Burger King Franchisee, wishes to thank you for your time in reviewing the request and uses this letter to respond in written form to the five Standards for Special Use Permits: 1. Burger King is an internationally known Fast Food Franchise;, operation with thousands of stores operating all over the United States. Burger King Corporation has long established high standards for consistency in construction, operations, maintenance, and food production to promote their Brand. These standards were set to insure t"ruxt the Brand (Burger King) would not present a detriment or endangerment to the public, health, safety, morals or comfort. Red King is a Burger King Franchise that owns and operates numerous Burger Kings in the Twin City area and they are well versed in these Burger King Standards. 2. It is the Franchisee's understanding that the Development known as Brookdale Corner was originally approved to have a fast food restaurant in this out lot location. This application is requesting that Burger King be that approved operator. Modifications have been made to the exterior design and finishes of the Standard Burger King Building to conform to the design criteria established by the Development. The history of Burger King Corporation and this Franchisee is to be a good neighbor, offer a needed service, offer employment opportunities, and become a new community partner. 3. The proposed development of the Burger King on this out lot meets with the original intent of the approved Development and does not create any hindrance to the development of the surrounding properties or property values. 4. The proposed Site Plan is suggesting a modification to the originally approved Site Plan. The building is in the same orientation to the lot but it has beets moved to the west to RSP Architects Ltd. 120 First Avenue North Minneapolis, MN 55401 http://www.rsparch.com FAX 612 ® 339 ® 6760 612®339e0313 Mr. Ron Warren 27 October 1999 Page 2 accommodate all parking in front ofthe building and eliminate cross traffic on the drive - through lane. The Development does not affect the ingress or egress from the total Development and the parking count has remained the same as the origianl Development. 5. The Site Plan and the Building's exterior appearance have been designed in conjunction with the original design intent of the Brookdale Corner Development. The Construction Documents will be completed to comply with all applicable local Building Codes. For over twenty years, RSP Architect's staff has been providing our professional design services to the Burger King Franchisee community and we are well versed in complying with these requirements. We appreciate your time in reviewing this request and are availabie to discuss any questions you may have. rnciosures Copy: Dan Becker —OMEGA Construction File LCF/1dPJp buigerireclldu %610271ddoc May 5, 2000 Ron Warren Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2188 RE: Burger King 3201 County Road 10 Brooldyn Center, MN Dear Ron Enclosed is a cashiers check in the amount of $17,500.00. This is for the site work performance agreement guarantees for the above location. Please let me know if you have any questions or concerns. Sincerely, c` Dan Becker President OMEGA Construction, Inc. DB/lkf ,° 5(on4eXJ(( 14 4-hey G E N E R A L C 0 N T R A C T 0 R May 1, 2000 Ron Warren Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2188 RE: Burger King 3201 County Road 10 Brooklyn Center, MN Dear Ron Enclosed is the photo metric plan for the above location. Please let me know if you should have any questions. Sincerely, C Z Dan Becker President OMEGA Construction, Inc. DB/Ikf G E N E R A L C 0 N T R A C T 0 R April 28, 2000 Ron Warren Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Proposed Burger King 3201 County Road 10 Brooklyn Center, MN Dear Ron,, Enclosed are the (3) signed performance agreements for file no. 99011, Burger King located on the Brookdale Comer addition. We are currently working on getting the bond for this project. This will be forward to you as soon as possible. Please let me know if you have any questions. Sincerely, Linda K Feldewerd--' OMEGA Construction, Inc. Mr. McCauley suggested that Planning and Zoning Specialist Ron Warren discuss items 8a and 8b together. Mr. Warren discussed Planning Commission Application Nos. 99002 and 99003 submitted by Brookdale Corner LLC (John Johannson) requesting site and building plan approval to redevelop the property at the southwest corner of Xerxes Avenue North and County Road 10 with a Cub Foods Store and three other commercial buildings, along with a request for a variance from Section 35-400 to allow building setbacks of less than 50-feet along major thoroughfares. The Planning Commission recommended approval of both applications at its March 11, 1999, meeting 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 issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 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 the project. 4. Any outside trash disposal facilities and rooftop or on -ground mechanical equipment shall be appropriately screened from view. 5. The buildings 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 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 parking and driving areas with the exception of the front entrance area where this may be waived to assist grocery cart maneuverability and handicap accessibility. 9. The applicant shall submit an as -built survey of the property, improvements, and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 03/22/99 -7- 12. The storm water drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City; of Brooklyn Center's current standard specifications and details. 14. The final plat approved by the City Council combining this site into a single lot shall be filed with Hennepin County prior to issuance of building permits. 15. Construction and relocation of driveways along County Road 10 and Brooklyn Boulevard are subject to issuance of driveway permits from Hennepin County. 16. The cost for roadway improvements including median breaks, relocated driveways, and turn lanes shall be born by the applicant. 17. Approval of this application is contingent upon the granting of variances from the 50- foot major thoroughfare setback comprehended by Planning Commission Application No. 99003 allowing a 40-foot setback from the southwest corner of the building and the Brooklyn Boulevard right-of-way and a 35-foot setback from "retail building B" and the rights -of -way on Xerxes Avenue North and County Road 10. 18. Plans shall be modified to show: a. Masonry screen walls at the truck dock and trash areas. b. Vines to be planted along the retaining wall screening the site from Brooklyn Boulevard. Mr. Warren reported that the request for a variance from Section 35-400 to allow a 40-foot building setback along Brooklyn Boulevard at the Cub Foods building and a 35-foot building setback for a "retail building located at the comer of Xerxes and County Road 10 was approved on the basis of the following: 1. The variance is consistent with the recommendations of the Brooklyn Boulevard studies that recommended non-residential buildings be allowed to be built closer to the street right-of-way along Brooklyn Boulevard. 2. The above precedent can be established for other major thoroughfares. 3. The standards for variance particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood are met. Mr. Johannson informed the Council that the demolition will start within the next week or two and that the construction will begin for the Cub Foods in June with completion sometime between Thanksgiving and Christmas. The construction on the other buildings will begin sometime between July and September. 03/22/99 in A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve Planning Commission Application Nos. 99002 and 99003 subject to the above listed recommendations. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. BILL BELLM REQUEST FOR CHANGE IN VEHICLE WEIGHT RESTRICTIONS Mr. Bellrn addressed the Council regarding his recent request for a change in vehicle weight restrictions and informed the Council that he no longer is requesting a change. After receiving the background information he understands the restrictions, however will need time to locate a permanent location for his work vehicle. It was the consensus of the Council to allow Mr. Bellm 90 days from April 1, 1999, or the date he needed, to temporarily park his work vehicle on his property while he looks for a permanent location to park his work vehicle. 9b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL EARLE BROWN DAYS PARADE AND SUNDAY IN CENTRAL PARK ACTIVITIES Mayor Kragness noted this resolution was to express appreciation for the gift of the Brooklyn Center Lions Club in support of the annual Earle Brown Days parade and Sunday in Central Park activities., RESOLUTION NO.99-47 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL EARLE BROWN DAYS PARADE AND SUNDAY IN CENTRAL PARK ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9c. STAFF REPORT RE: BLEACHERS Mr. McCauley reported that the recent inventory discussed had been completed. None of the City's 41 bleacher sections meet the recently proposed building code. While the existing bleachers do not meet the proposed codes, at a minimum, all of the bleachers have a back rail, and about half have side rails. All are in fair to excellent condition, and none are so hazardous that they should be immediately removed. 03/22/99 -9- Councilmember Nelson questioned if there was any regulation of the distance between a "fast food" operation and a liquor store since a new liquor store will also be opening. Mr. McCauley informed the Council that there are no limitations for "fast food" distances from liquor stores. Mr. Warren informed the Council that the Planning -Commission recommended approval of this application 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. Plan approval acknowledges all other conditions imposed on the applicant under Planning Commission Application No. 99002. 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 all site improvements related to the construction of this convenience food restaurant. 4. This special use permit is granted to the applicant for a convenience food restaurant with drive -up window as contained on the plans submitted. Any expansion or alteration of this use not comprehended by this application or permitted under the zoning ordinance shall require an amendment to this special use permit. 5. This special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the City ordinances. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 99011 subject to the aforementioned conditions recommended by the Planning Commission. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,585,000 GENERAL OBLIGATION IMPROVEMENT BONDS, 1999A, AND PROVIDING FOR THEIR ISSUANCE 11/22/99 -5- December 21, 1999 Lawrence Freiberg RSP Architects 120 First Ave N Minneapolis MN 55401 Dear Mr. Freiberg: This letter is to inform you of the action taken regarding Planning Commission Application No. 99011. 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 Site and Building Plan Approval and Special Use Permit. 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. 99011 Application Filed On 10-27-99 City Council Action Should Be Taken By 12-26-99 (60 Days) Planning Commission Information Sheet Application No: 99011 Applicant: RSP Architects (On Behalf of Red King) Location: Southwest Quadrant of Xerxes Avenue North and County Road 10 Request: Site and Building Plan Approval/Special Use Permit The applicant, RSP Architects on behalf of Red King, is seeking site and building plan approval and a special use permit for the last remaining building at the Brookdale Corner redevelopment site, which is located at the southwest corner of Xerxes Avenue North and County Road 10. The plan is for a 3,314 sq. ft. Burger King convenience food restaurant at the location shown as "fast food" on the original site plan for this redevelopment. The property in question is zoned C-2 (Commerce) and is bounded on the north by County Road 10 and an office building located at the corner of County Road 10 and Brooklyn Boulevard; on the east by Xerxes Avenue; on the south by Baker's Square, 56th Avenue North and the Marquette Bank property; and on the west by Brooklyn Boulevard. Convenience food restaurants are special uses in the C-2 zone. A • • Brookdale Corner, LLC was granted site and building plan approval under Planning Commission Application No. 99002 on March 22, 1999, for the redevelopment of the Westbrook/Dayton's Home Store site with four new buildings totaling 96,275 sq. ft. The four new buildings on the approved plans included a 68,850 sq. ft. Cub Foods store, a 14,550 sq. ft. retail building labeled "Retail A", a 10,500 sq. ft. retail building labeled "Retail B" and a 3,325 sq. ft. building labeled "Fast Food". Two other buildings on the site were to remain, a 12,170 sq. ft. building housing Hirshfield's and a 7,715 sq. ft. office/retail building. Full site and building plan approval was granted for the Cub Foods Store, while conceptual approval including the site location and square footage for the other three buildings was granted at that time. The applicant was informed that they would be required to seek additional approval for the remaining buildings when details, such as building elevations, materials and user in the case of the fast food building were proposed. The buildings designated as "Retail A" and "Retail B" were approved by the City Council on August 23, 1999, under Planning Commission Application No. 99008. The design of and user for the "Fast Food" building have now been provided and this is the subject of the Planning Commission application in hand. 11-10-99 Page 1 SITE AND BUILDING PLAN The applicant has submitted a site plan showing again the location and configuration of the various buildings making up the Brookdale Corner redevelopment plan. The plan is for a Burger King restaurant on the building pad designated as "Fast Food". The square footage of the building is 3,314 sq. ft., slightly less than that approved as a footprint for this building. Their proposal modifies slightly the originally approved site plan. The building is the same orientation on the lot, but it has been moved to the west slightly to accommodate parking in front of the building and to eliminate cross traffic in the drive thru lane. The proposal does not change traffic circulation or the number of parking spaces required. The facility will include an interior playland which is a prominent feature shown on the building elevations. This area extends above the roof line of the Burger King facility and has a mansard style roof carried around all four sides of the structure. It will be located on the north side (County Road 10 side) of the structure. Modifications have been made to the exterior design and finishes of a standard Burger King building to conform to the design criteria established for this development. The exterior treatment will be primarily a four inch high rock faced concrete masonry unit (CMU) of a natural gray color with burnished and scored CMU banding at the top of the building which will also be a natural gray color. A burnished CMU banding will be located around the lower portion of the building and will be a gray balsam color. Slate select shingles will be used as a mansard treatment around the entire portion of the playland part of the building. These roofing tiles will be a tudor blend. Similar slate shingles will be provided in canopy areas along the front and side elevations. An 8 ft. high CMU screened fence and trash enclosure is located at the south end of the building. It contains a solid trash enclosure gate and the color of the rock faced CMU will be a natural gray with a burnished gray balsam band around the bottom consistent with that carried around the entire building. A colonial red metal coping will be provided around the top of the play area structure with a sierra tan metal coping around the balance of the building. An exterior insulated finish system (EIFS) panel in the approximate middle of the building colored a rainbow blue is an architectural type feature on the building. The building elevation shows a Burger King sign affixed to the top of this structure. It has been pointed out to the architect that a sign affixed to such a structure would be considered a roof sign which is allowed only in lieu of other permitted freestanding signery. What we know of the freestanding signery allowed for this complex, will not allow such a sign. All signery must be in compliance with the city's sign ordinance (Chapter 34). SPECIAL USE PERMIT STANDARDS The applicant has submitted a letter explaining their proposal and addressing the standards for special use permits contained in Section 35-220 of the city ordinances (attached). The standards 11-10-99 Page 2 for special use permits require that the proposed special use 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 property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Their letter notes that they are not an endangerment to the public health, safety, morals or comfort of the community as Burger King has operated numerous franchises within the Twin City area. They note that the redevelopment of the Brookdale Corner site anticipated a convenience food restaurant at this location and they believe they will be an asset to the community. They note that they will not create any hindrance to development of surrounding property or to property values in the area and that their development does not affect the ingress of egress of the total development nor parking on the site. Also, they point out that they will comply with applicable building codes and zoning regulations. Furthermore, the exterior appearance of the building is designed in conjunction with the Brookdale Corner redevelopment. We concur with their comments and do believe that this 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. RECOMMENDATION We believe the plans are in order and approval is recommended 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. Plan approval acknowledges all other conditions imposed on the applicant under Planning Commission Application No. 99002. 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 all site improvements related to the construction of this convenience food restaurant. 4. This special use permit is granted to the applicant for a convenience food restaurant with drive -up window as contained on the plans submitted. Any expansion or alteration of this use not comprehended by this application or permitted under the zoning ordinance shall require an amendment to this special use permit. 11-10-99 Page 3 5. This special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the city ordinances. .4 1 11-10-99 Page 4 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 NOVEMBER 10, 1999 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Carla Wirth. Absent was Commissioner Sean Rahn. APPROVAL OF MINUTES - OCTOBER 28. 1999 There was a motion by Commissioner Whitehead, seconded by Commissioner Newman, to approve the minutes of the October 28, 1999 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as 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. APPLICATION NO 99010 - WICKES FURNITURE COMPANY, INC. Chair Willson introduced Application No. 99010, a request submitted for a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center. The applicant, Mr. Frank Wega, on behalf of Wickes Furniture Company, Inc., is seeking a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center located at 4837 France Avenue North. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 11-10-99 for Application No. 99010 attached.) He advised the property iri question is zoned I-2 (General Industry) and reviewed the neighboring property uses. Mr. Warren reviewed the previous consideration and approval for a request for site and building plan approval to construct an approximate 203,000 sq. ft. wholesale furniture distribution center for Wickes on an approximate 12 acre portion of the old Joslyn Pole Yard. Subsequently the owner of the property submitted a replatting application (Application No. 99007) to combine and subdivide the Joslyn Pole Yard property, the Davies Water Company site, and an off site accessory parking lot for the Northwest Athletic Club into three lots and an outlot. The proposed Lot 1 of that plat is the 11-10-99 site for the Wickes Distribution Center which is under construction and should be completed for occupancy in the near future. Mr. Warren presented a site plan depicting the approximate location of the property lines and advised that this wholesale furniture distribution center is a permitted used in this I-2 zoning district. The applicant is now seeking authorization to allow retail sales at that site per Section 35-331, Subdivision 3b, of the City ordinances. That provision allows, as a special use, "retail sales of products manufactured, processed or wholesaled at the use site." Mr. Warren reviewed the letters provided by the applicant explaining their proposal and addressing the standards for special use permits as contained in Section 35-220 of the City ordinances. Mr. Warren displayed a floor plan showing the interior layout of the 203,000 sq. ft. Wickes Distribution Center. He pointed out the location of the area they would propose to display clearance items. He then presented the standards for special use permits and reviewed the specifics brought forward in Mr. Wega's second letter indicating how they believe their proposal will meet these standards. Mr. Warren stated staff believes the standards for special use permits can be met given the information provided as long as the retail sales activity is directed towards customers and employees who are already on the site. Staff sees no adverse impacts with respect to this proposal. He noted that Wickes will be entitled to have sales and advertising for sales subject to the administrative land use permit process which limits such sales and advertising to two times in a calendar year, not to exceed ten consecutive days per event. Mr. Warren advised that a public hearing on this application, properly noticed, is scheduled at this meeting. Mr. Warren recommended approval of Application No. 99010, subject to additional conditions 1-5 outlined in the staff report. Chair Willson called for questions/discussion from the Commissioners. Upon inquiry, Mr. Warren identified the location of the building office and, customer pick=up doors. PUBLIC HEARING - APPLICATION NO. 99010 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to open the public hearing on Application No. 99010, at 7:46 P.M. The motion passed unanimously. Chair Willson called for comments from the public. Paul Hyde, owner of the building, thanked the Planning Commission for this consideration. He explained the building currently operates as a distribution center and as part of that some furniture can become broken or damaged so they would like the option to be able to offer that merchandise for sale. He advised this will be a small component for this facility. 11-10-99 2 Commissioner Reem asked if the public can stop in to view the clearance merchandise. Mr. Hyde stated they could but the only way they would know of the merchandise is if they have been in the building previously for a customer pick-up. He stated he does not believe damaged merchandise would be available for purchase at all times. Commissioner Erdmann asked if it was envisioned that this special use would be in lieu of using the administrative use permit to have sales several times a year. Mr. Hyde stated this is correct since it is not foreknown when damaged merchandise would be available. It was explained that they anticipate the merchandise being sold over the year rather than stockpiling the merchandise for a sale. Mr. Warren stated it was discussed that this type of activity, on a limited basis, could occur as an accessory use to the current business and businesses such as this are entitled to have sales for up to ten days with an administrative permit. However, staff felt it would be more appropriate to acknowledged the activity as a special use. Commissioner Boeck asked if each of the retail locations also have a similar "scratch and dent" merchandise room. Frank Wega, Director of Facility Operations for Wickes Furniture, advised that all of the Wickes stores sell a certain amount of cieaiance items and accessories. However, most of the newer stores are smaller and have limited space so they do not warehouse goods, they only display goods. Commissioner Newman asked if the clearance area is carpeted or decorated differently. Mr. Wega. explained they usually group the items and stanchion them off so they are isolated next to the customer lounge. Mark Austin, 4801 Twin Lake Avenue, noted that Wickes is allowed to have a sale two times per year anyway and asked how the public would learn of the damaged merchandise if it is only sold to employees or customers corning into the warehouse without public announcement. Mr. Wega stated a business can have damaged merchandise that they do not want to store for a long period of time. He stated he views this as a benefit t6their employees and customers. He noted that if they sell damaged merchandise throughout the year, it would lessen the impact of holding a warehouse sale. With regard to the customer lounge, he explained it allows a place for the customer to sit while their furniture is being pulled from inventory. Commissioner Boeck asked how many people would be in the lounge at one time. Mr. Wega stated there are very few pickups during the day and at least 50% of the pickups occur during the evening hours or weekends. He estimated ten to fifteen customers in the lounge at any one time. Penny Brown, owner of the Azelia apartment building directly south of Wickes, explained that some residents have been talking about the level of traffic using Azelia Avenue. She noted that if a truck were to turn over and block the intersection, it would cut off their access. Ms. Brown stated that 11-10-99 3 other industrial parks have their own streets to provide direct access without the use of a residential street. Commissioner Erdmann noted there is another access off Indiana Avenue to Highway 100. An audience member advised that Mn/DOT plans to _close that access in the future when Highway 100 expands. No other persons from the public appeared before the Commission during the public hearing on Application No. 99010. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to close the public hearing on Application No. 99010 at 8:00 p.m. The motion passed unanimously The Chair called for further discussion or questions from the Commissioners. Commissioner Reem asked if there is any obligation to provide another access should the one to Highway 100 be closed. Mr. Warren stated he sees no problem with the access as currently provided and noted the possibility of extending Azelia Avenue across the railroad tracks to tie into France Avenue at 50th Avenue. He stated that possibility is being addressed by Mn/DOT. Commissioner Newman asked if the special use permit should include any language limiting the square footage. Mr. Warren discouraged identifying a specific square footage since it is impossible to enforce. He stated that should the sale of damaged goods increase greatly to the point it would change the character of the use, another application would be required. The Commissioners interposed no objections to approval- of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 99010 - WICKES FURNITURE COMPANY, INC. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 99010, submitted by Wickes Furniture Company, Inc., for a special use permit to allow the sale of merchandise on a limited basis at the new Wickes Distribution Center located at 4837 France Avenue North, subject to the following conditions: 1. The special use permit is granted for the limited retail sale of furniture and accessory items that are slightly damaged, customer returns, one of a kind items and similar merchandise per Section 35-331, Subdivision 3b of the City ordinances. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment,to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 11-10-99 4 3. The retail sales shall be confined to the area next to the customer lounge as indicated on the submitted floor plan. 4. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the retail sales allowed on the site other than that which is authorized under administrative permits comprehended under the City's zoning ordinance. 5. This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the City ordinances. Voting in favor: Chair Willson, Commissioners Boeck, * Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its November 22, 1999 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. APPLICATION NO 99011 - RSP ARCHITECTS (ON BEHALF OF RED KINQ Chair Willson introduced Application No. 99011, a request submitted for site and building plan approval and a special use permit for the last building at the Brookdale Corner redevelopment site at the southwest corner of Xerxes Avenue and County Road 10. The applicant, RSP Architects on behalf of Red King, is seeking site and building plan approval and a special use permit for the last remaining building at the Brookdale Corner redevelopment site, which is located at the southwest corner of Xerxes Avenue North and County Road 10. The plan is for a 3,314 sq. ft. Burger King convenience food restaurant at the location shown as "fast food" on the original site plan for this redevelopment. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 11-10-99 for Application No. 99011 attached.) He advised of the zoning of the property and surrounding uses and reviewed the past approval of the site and building plan for the redevelopment of the Westbrook/Dayton's Home Store site with four new buildings totaling 96,275 sq. ft. Mr. Warren explained that full site and building plan approval was granted for the Cub Foods store, while conceptual approval including the site location and square footage for the other three buildings was granted at that time. The applicant was informed that they would be required to seek additional approval for the remaining buildings when details, such as building elevations, materials and user in the case of the fast food building, were proposed. The buildings designated as "Retail A" and "Retail B" were approved by the City Council on August 23, 1999, under Planning Commission Application No. 99008. The design of and user for the "Fast Food" building have now been provided and this is the subject of the Planning Commission application in hand. Mr. Warren presented the site plan showing the location and configuration of the 'various buildings making up the Brookdale Corner redevelopment plan. The plan is for a Burger King restaurant on the building pad designated as "Fast Food" with square footage of 3,314 sq. ft., slightly less than that 11-10-99 approved as a footprint for this building. He noted this proposal modifies slightly the originally approved site plan. The building is the same orientation on the lot, but it has been moved to the west slightly to accommodate parking in front of the building and to eliminate cross traffic in the drive thru lane. The proposal does not change traffic circulation or the number of parking spaces required. Mr. Warren advised of amenities the facility will include and exterior building treatment which conforms to the design criteria established for this. development. He noted the exterior screening features and insulated finish system. Mr. Warren advised that the building elevation shows a Burger King sign affixed to the top of this structure. However, it has been pointed out to the architect that a sign affixed to such a structure would be considered a roof sign which is allowed only in lieu of other permitted freestanding signery. All signery must be in compliance with the City's sign ordinance (Chapter 34). Mr. Warren noted the standards for special use permits and reviewed the letter submitted by the applicant explaining their proposal and addressing the standards for special use permits contained in Section 35-220 of the City ordinances. Mr. Warren stated staff concurs with their comments and believe that this proposal meets the standards for special use permits contained in the City's zoning ordinance. He advised that a public hearing on this application, properly noticed, is scheduled at this meeting. Mr. Warren recommended approval of Application No. 99011, subject to additional conditions 1-6 outlined in the staff report. Chair Willson called for questions/discussion from the Commissioners. Commissioner Boeck asked if it has been suggested where directional signage to the drive -up window will be located. Lynn Martinson, RSP Architects and project manager, identified the location of the drive thru directional signs and exit signs. Commissioner Boeck asked if part of the adjacent property will be used to accommodate traffic flow via cross agreements and if the Planning Commission needs to be concerned with leases and traffic access. Mr. Warren stated there are no cross access agreements since this has been combined into one parcel of land. He advised the intersection and turn lanes are designed as requested by the County. Commissioner Boeck asked if the depth of the parking stalls and traffic lanes abide by Code requirements. Mr. Warren answered affirmatively and explained how the building was shifted slightly. Commissioner Erdmann asked if the applicant is requesting roof signage or free-standing signage. Mr. Warren stated that will be left up to the applicant but the signage will need to abide by Code. He reviewed the number of signs that this combined site is allowed (three free-standing signs). 11-10-99 6 PUBLIC HEARING - APPLICATION NO.99011 There was a motion by Commissioner Reem, seconded by Commissioner Newman, to open the public hearing on Application No. 99011, at 8:30 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Commissioner Reem expressed concern about the potential for the old Burger King site to deteriorate and asked if there is a buyer for the old Burger King. Jim Reddin, representing Burger King, stated the building is owned by Burger King, Inc. and has not yet been sold. He assured the Planning Commission that the building and landscaping will be maintained. No other persons from the public appeared before the Commission during the public hearing on Application No. 99011. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to close the public hearing on Application No. 99011 at 8:32 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. 99011 - RSP ARCHITECTS (ON BEHALF OF RED KING, There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 99011, submitted by RSP Architects on behalf of Red King, for site and building plan approval and a special use permit for the last remaining building at the Brookdale Corner redevelopment site, which is located at the southwest corner of Xerxes Avenue North and County Road 10. The plan is for a 3,314 sq. ft. Burger King convenience food restaurant at the location shown as "fast food" on the original site plan for this redevelopment, 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. Plan approval acknowledges all other conditions imposed on the applicant under Planning Commission Application No. 99002. 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 all site improvements related to the construction of this convenience food restaurant. 11-10-99 7 4. This special use permit is granted to the applicant for a convenience food restaurant with drive -up window as contained on the plans submitted. Any expansion or alteration of this use not comprehended by this application or permitted under the zoning ordinance shall require an amendment to this special use permit. 5. This special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the City ordinances. Voting in favor: Chair Willson, Commissioners Boeck, -Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its November 22, 1999 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. OTHER BUSINESS Mr. Warren reviewed the discussion held at the last meeting regarding reorganization of the commercial zoning classifications and the request of Commissioner Reem to review the recommendations of the Brooklyn Boulevard Redevelopment Study. He stated this information is now being provided for the Commission's review. Mr. Warren announced the next meeting is scheduled for Thursday, December 2, 1999. He asked Commissioners whose terms will be expiring to let him know if they are interested in being reappointed. Commissioners Erdmann, Newman, and Whitehead indicated their continued interest. 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 8:41 p.m. Chair Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. 11-10-99 8 2. The special use permit'is subject to all applicable codes, ordinances and regulations and any violations thereof shall be grounds for revocation. 3. The retail sales shall be confined to.the area next to the customer lounge as indicated on the submitted floor plan. 4. No banners, pennants, streamers, balloons or other attention attracting devices may be used in conjunction with the retail sales allowed on the site other than that which is authorized under administrative permits comprehended under the City's Zoning Ordinance. 5. This special use permit approval does not comprehend any additional signery other than that allowed under Chapter 34 of the City ordinances. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 99010 subject to the aforementioned conditions recommended by the Planning Commission. Motion passed unanimously. 7b. PLANNING COMMISSION APPLICATION NO. 99011 SUBMITTED BY RSP ARCHITECTS (ON BEHALF OF RED KING). REQUEST FOR SITE AND BUILDING PLAN APPROVAL AND A SPECIAL USE PERMIT FOR THE LAST BUILDING AT THE BROOKDALE CORNER REDEVELOPMENT SITE AT THE SOUTHWEST CORNER OF XERXES AVENUE AND COUNTY ROAD 10. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS, APPLICATION AT ITS NOVEMBER 10,1999, MEETING. Planning and Zoning Specialist Ron Warren discussed the application submitted by RSP Architects (on behalf of Red King) request for site and building plan approval and a special use permit for the last building at the Brookdale corner redevelopment site at the southwest corner of Xerxes Avenue and County Road 10. The plan is for a 3,314 square foot Burger King convenience food restaurant at the location shown at "fast food" on the original site plan for the Brookdale corner redevelopment. Mr. Warren informed the Council the applicant submitted a modification to the sign that he believes is acceptable and that the change would not need to go back to the Planning Commission for approval. Councilmember Hilstrom asked about the sign ordinance being reviewed. Mr. McCauley informed the Council that the City is waiting to hear from the Chamber regarding a task force the Chamber had suggested to review the sign ordinance. Executive Director Kent Campbell was present and addressed the Council to inform them that they would be willing to start a task force. 11 /22/99 -4- Councilmember Nelson questioned if there was any regulation of the distance between a "fast food" operation and a liquor store since a new liquor store will also be opening. Mr. McCauley informed the Council that there are no limitations for "fast food" distances from liquor stores. Mr. Warren informed the Council that the Planning Commission recommended approval of this application 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. Plan approval acknowledges all other conditions imposed on the applicant under Planning Commission Application No. 99002. 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 all site improvements related to the construction of this convenience food restaurant. 4. This special use permit is granted to the applicant for a convenience food restaurant with drive -up window as contained on the plans submitted. Any expansion or alteration of this use not comprehended by this application or permitted under the zoning ordinance shall require an amendment to this special use permit. 5. This special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the City ordinances. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 99011 subject to the aforementioned conditions recommended by the Planning Commission. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION ACCEPTING 'OFFER ON THE SALE OF $1,585,000 GENERAL OBLIGATION IMPROVEMENT BONDS, 1999A, AND PROVIDING FOR THEIR ISSUANCE 11/22/99 -5- fp CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway 569-3300 INFORMATIONAL NOTICE TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center at its meeting on Monday, November 22, 1999, will consider the petition described below. The meeting will begin at 7:00 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. A definite time for this petition to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Special Use Permit PETITIONER: RSP Architects PROPERTY NAMED IN THE PETITION: 3201 County Road No 10 BRIEF STATEMENT OF CONTENTS OF PETITION: Request for a Special Use Permit to construct a convenience food restaurant (Burger King) as part of the on -going redevelopment of the above site. 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. Respectfully, Ronald A. Warren Planning Commission Secretary November 15, 1999 RSP Architects, Ltd. Mr, Lawrence Freiberg 120 First Ave N Minneapolis, MN 55401 Dear Mr. Freiberg: Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application No. 99011, submitted for a Special Use Permit, at its meeting on Monday, November 22, 1999 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 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 17�TA cc: 99011 Red King (A Burger King Franchise) NOU-04-1999 09:50 RSP ARCHITECTS 612 339 6760 P.01/02 RSP Architects. Ltd. 120 First Avenue North Minneapolis, MN 55401 FAX 612-33"760 612-339-0313 Facsimile Transmittal Date: 11/4/99 FAX Number: 612-569-3494 To: Mr. Ron Warren Company: City of Brooklyn Center From: Lynn Martinson Description: Rf P RE: Brookdalo Corner Burger King. Comm. No: 5919.023.01 Number of Pages (including this sheet): 2 The enclosed site plan comparison shows the Burger King building reversed on the site. The playland faces County Road 10 and presents a better view In relation to the streetscape. Other than some changes to the landscaping, the site remains the same. We can print a large format version of this illustration and a transparency for the November 101 hearing. Please let me know your requirements. If there is further information that I can send for your report to the review committee, please call me. Thanks, Lynn Martinson RSP Architects 677 7279 direct If there are any problems with this transmission, or if you wish to reply, contact 612-339-0313 CITY OF BROOKLYN CENTER PLANNING COMMISSION 6301 Shingle Creek Parkway 569-3330 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Please take notice that the Planning Commission of the City of Brooklyn Center will hold a public hearing on Wednesday, November 10, 1999 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: RSP Architects PROPERTY NAMED IN THE PETITION: 3201 County Road No 10 BRIEF STATEMENT OF CONTENTS OF PETITION: Request for a Special Use Permit to construct a convenience food restaurant (Burger King) as part of the on -going redevelopment of the above site. 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. Respectfully, 7 Ronald A. Warren Planning Commission Secretary November 1, 1999 RSP Architects, Ltd. 120 First Ave N Minneapolis, MN 55401 Dear Mr. Freiberg, Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No. 99011, submitted for a Special Use Permit, at its meeting on Wednesday, November 10, 1999, 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 VIXIVAIM cc: Red King (A Burger King Franchise) File No. 99011 RedKing Foods, LLC 6 �j' January 4, 2010 Rebecca Crass City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Rebecca, Per our conversation this morning, this letter is to clarify that "RedKing Foods LLC" is the group that put up the performance bond for $17,500 for the construction of our Brooklyn Center restaurant located at 3201 County Rd. 10 in Brooklyn Center Minnesota. Please forward the proceeds of the performance bond to the address below. Thanks so much for your follow-up on this matter. Jim Reddin President RedKing Foods LLC 5421 Feld Rd Minnetonka, MN 55343 5421 Felti Road, Suite 160 - Minnetonka, MN 55343 o Phone: (952) 936-9360 - Fax: (952) 936-0347 H N 11 r 0 F Q • O o � CQ�N N < p ;UcZ Q w pJ —U o w p (3 � � L m ^^ m i1