HomeMy WebLinkAboutPC89005 - Freeway Blvd & James Circle (1601 Freeway Blvd)PLANNING COMMISSION FILE CHECKLIST
File Purge Date:—,,
FILE INFORMATION
Project Number: 1991006-
PLAN REFERENCE
Note: If a plan was found in the file during the purge process, it was pulled for consolidation
of all plans. Identified below are the types of plans, if any, that were consolidated.
• Site Plans ✓/
• Building Plans ^/
Other: -,&ncJscu,0e. f C�tYrdeh � .�u�dnerrx°� �`P�JIz�/cr»�
FILE REFERENCE
Note: The following documents were purged when this project file became inactive. We have
recorded the information necessary to retrieve the documents.
Document Type Date Range Location
Agendas: Planning Commission Office
Minutes: Planning Commission
Minutes: City Council
Information Sheet Packet
Document Type
Resolutions: Planning Commission
In
Resolutions: City Council
Ordinances: City Council
Office
City Clerk
Office
Number Location
Office
City Clerk
City Clerk
CITY OF BROOKLYN CENTER
PLANNING COMMISSION APPLICATION
Application No. 89005
Please Print Clearly or Type
Street Location of Property Freeway Blvd and James Circle
Legal Description of Property Lot 1, Block 1, Richardson Addition
Owner Richardson Properties, Inc. (Seller)
Address 1410 Richardson Building, 1^7innepag, Canada Phone No.(204) 934-5811
Applicant Border States Foods, Inc. (Purchaser
Address 221 Broadway, Alexandria, Minnesota -57'�,-0 V Phone No.(612) 762-0640
Type of Request: Rezoning Subdivision Approval
Variance x Site & Bldg. Plan Approval
x Special Use Permit Other:
Description of Request: See attached
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 state-
ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses
reasonably and necessarily required by the City for the processing of the application.
Such costs shall be in addition to the application fee described herein. Withdrawal of
the application shall not relieve the applicant of "bli ation to pay costs incurred
prior to withdrawal.
Fee $ 300.00
Receipt No. 79450
Date:
PLANNING COMMISSION RECOMMENDATION
Dates of P.C. Consideration: &)L
cant's Signature
ApprovedDenied this day of 19 subject to the
following conditions:
CITY COUNCIL ACTION
Dates of Council Consideration:
I
Approved ` % Denied this day of z-- A9 ',q with the following
amendment:
Cle
P/I Form No. 18 (over please)
CITY OF BROOKLYN CENTER, MINNESOTA
6301 Shingle Creek Parkway 55430
PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING
PLAN APPROVAL
Prior to submission of an application for plan review and approval, prospective
applicants should arrange an informational meeting with the Planning Staff to discuss
preliminary plans and to become familiarized with applicable ordinance and policy
provisions.
Four (4) copies of the following documents and information shall be submitted, at least
14 days prior to the date of the regular Commission meeting, concurrent with filing the
application (required documents must be consistent with ordinance and policy provisions
before an application imiay be accep - d )
1. A certified site survey drawing by a registered engineer or land surveyor
showing pertinent existing condition, accurately dimensioned.
2. *An accurately scaled and dimensioned site plan indicating:
a) parking layouts and access provisions, including calculation of
ordinance parking requirements;
b) designations and locations of all proposed buildings and required
setback lines;
c) fences, walls or other screening, including heights and type
of material;
d) outside lighting provisions, type and location (foot candle strength
at property line must be calculated);
e) curbing (B612 curb and gutter is required). Indicate radius measurements;
f) building information, including: gross floor area, type of construction
and occupancy classification.
3. *A landscape plan showing areas to be sodded or seeded, quantity, location,
size and species of trees and shrubbery. (Note: underground irrigation
is required in all landscaped areas in commercial and industrial districts.
Plans must be so noted).
4. *Building floor plans, elevations, sections and specifications, including
materials proposed.
5. *Existing and proposed land elevations, drainage provisions, and utility
provisions, including the diameters of utility lines.
6. Additional drawings, plans or information deemed necessary by the Secretary.
*Must be prepared by a registered architect or person registered with the State
Board of Registration for Architects, Engineers, Landscape Architects and Land
Surveyors, and said drawings/plans shall be so certified.
NOTE: Upon approval of plans by the Council and prior to issuance of permits, a
Performance Agreement as to approved site improvements and a supporting
financial guarantee, in an amount to be determined by the City, are required.
Acceptable financial instruments include cash escrow; certificate of deposit;
and performance bond.
Copies of the Zoning Ordinance may be obtained from the Administrative Office.
Questions should be directed to the Planning and Inspection Department.
P/I Form No. 19
Planning Commission Information Sheet
Application No. 89005
Applicant: Border States Foods
Location: Freeway Boulevard and James Circle (new east leg)
Request: Site and Building Plan/Special Use Permit
Location/Use
The applicant requests site and building and special use permit approval to
construct a Hardees restaurant at the as -yet -to -be -constructed intersection of
Freeway Boulevard and James Circle (east leg). The property in question is
presently zoned I-1 (however, it is covered in a City -initiated rezoning to C2 under
Application No. 89003) and is bounded on the north by Freeway Boulevard, on the east
by the new, easterly leg of James Circle, on the south by vacant land (also included
in the rezoning to C2), and on the west by the Earle Brown Bowl. Convenience food
restaurants are presently allowed by special use permit in the I-1 zone and are also
allowed by special use permit in the C2 zoning district.
Access/Parking
The plan calls for a single access to the site via a 30' wide driveway off James
Circle at the southeast corner of the site. The plan calls for a drive -up window on
the west side of the building and an order speaker somewhat northwest of the
building. Stacking for the drive -up lane is expected to fill the driving lanes
north and east of the building. Parking east of the building will be 900, but spaces
along the north, west, and south sides of the lot will be angled, promoting a
counter -clockwise flow, paralleling the drive -up circulation. A 2' wide concrete
median separates the drive -up from the parking lot driving lane.
The proposed restaurant is to have 11.8 seats and 20 employees. At one space per two
seats plus one space per two employees, the parking requirement is 69 spaces.
Precisely 69 spaces are provided on the plan. The proposal, therefore, complies
with parking requirements.
Landscaping
The landscape plan calls for minimal landscaping other than numerous shrubs
adjacent to the building. The plan calls for four American Linden (2 112t1
diameter), 60' apart along the new leg of James Circle (in the easterly greenstrip of
this site). Other than that, the plan calls for two Radiant Crabs, one at the
northwest corner and one at the southwest corner of the site. All of the remaining
plantings are shrubs located around the foundation of the building and around a
proposed freestanding identification sign at the northeast corner of the site, and
around an entrance sign north of the access drive. No berming was shown on the plan
submitted. We have informed the contractor of the need for parking lot screening
along the north and east sides of the site adjacent to public streets. A revised
plan should show berming in these areas. We would also recommend that the
Commission discuss landscaping with the applicant. Although the number of
plantings meets the requirements of the landscape point system used to evaluate
landscape plans, the general level of plantings is minimal and provides little
visual relief on the site. We would recommend the addition of more trees - perhaps
coniferous trees - along the Freeway Boulevard greenstrip. Sod has been indicated
in all perimeter green areas and underground irrigation has also been noted, as
required.
Drainage and Utilities
The grading plan calls for runoff to drain basically from west to east. Two catch
2-16-8 9 -1-
Application No. 89005 continued
basins are proposed, one at the northeast corner and one at the southeast corner of
the parking lot. The catch basins will be connected by 12" storm sewer lines to a
catch basin in James Circle. An 18" line in James Circle will convey runoff
southward to a holding pond south of the bend in James Circle. The holding pond will
drain out into a 21" line flowing north to the 60" storm sewer in Freeway Boulevard.
Drainage calculations for a 5-year and 100-year storm have been submitted to the
City Engineer for review.
The plan calls for a hydrant to be placed just inside the north property line. The
Fire Chief has recommended that the hydrant be placed either in the green area north
of the building or near the common property line with the vacant parcel to the south
so as to serve both sites. There is an 8" line coming off the main in Freeway
Boulevard which could serve both a hydrant and a service to the building rather than
having separate lines for each. Sanitary sewer service will extend from the east
side of the building to a new sanitary main in James Circle (east leg).
Building
The applicant proposes a 4,285 sq. ft. light brick building with a mansard treatment
carried continuously around the building. Signs are indicated on the wall and on
the mansard. As long as the mansard is carried entirely around the building, the
mansard signs can be considered wall signs (as opposed to roof signs). Windows
around the seating area (roughly the north one third of the building) are proposed to
be 1" insulated and bronze tinted glass.
Lighting/Trash
The plan calls for a trash enclosure on a concrete pad at the southwest corner of the
parking lot. Proposed lighting raises some concerns. The site plan calls for four
30' high poles, two on the east side of the site and two on the west. Each pole is to
have three 400 watt high pressure sodium luminaires, tilted at least 250 to shine
out on the building. We are not as concerned with those lights that shine directly
on the building as much as with the four fixtures that will shine off in a northerly
direction, projecting some glare toward Freeway Boulevard. While the level of
lighting, measured in foot-candles, is within the 10 foot candle limit established
in Section 35-712 of the Zoning Ordinance, we believe the projection of light off the
premises is inconsistent with that section which requires illumination to be
concentrated on the property. It also provides that "no glare shall emanate from or
be visible beyond the boundaries of the illuminated premises". The southerly as
well as the northerly lamp on each pole will shine onto the property to the south.
This may not be unwelcome in a commercial district, but it is contrary to the
direction of the ordinance. We would recommend a condition calling for
modification of these light fixtures to comply with Section 35-712, ie. no tilt of
the northerly or southerly lamps.
Special Use Standards
The proposed convenience food restaurant is presently an acknowledged special use
in the I-1 zoning district. (As the Commission is aware, the City has initiated a
rezoning of this and neighboring properties to C2, in which convenience food
restaurants are also acknowledged as a special use. Accompanying the rezoning is
an ordinance amendment which would, among other things, eliminate convenience food
restaurants from the I-1 zone) . All special uses are subject to the standards set
forth in Section 35-220, Subsection 2 (attached). The applicant has submitted a
brief statement (attached) asserting that the Standards for a Special Use Permit are
met by the proposed Hardees restaurant.
2-16-89 -2-
Application No. 89005 continued
We agree that the proposed restaurant will not endanger the public health, safety,
morals or comfort. We also anticipate no negative impact on property values within
the neighborhood. The establishment of the proposed restaurant should not impede
the normal and orderly development of surrounding property. In fact, the seller of
the site (Richardson and Sons) expects that the installation of the roadway and the
construction of the restaurant will stimulate further development of the remaining
vacant land south of Freeway Boulevard. Finally, ingress, egress and parking have
been so designed as to minimize traffic congestion in the public streets. The
location of the single access drive relative to the drive -up window will insure that
stacking for the drive -up business is accommodated on site and will not spill out
onto James Circle or Freeway Boulevard.
Recommendation
In general, the plans appear to be in order and approval is recommended, subject to
at least the following conditions:
1. The special use permit is issued for the construction and
operation of a convenience food restaurant with a drive -up
window. No other uses are comprehended.
2. The special use permit is subject to all applicable codes,
ordinances and regulations and any violation thereof shall be
grounds for revocation.
3. Building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance
of permits.
4. Grading, drainage, utility and berming plans are subject to
review and approval by the City Engineer, prior to the issuance of
permits.
5. A site performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted prior to the issuance of permits.
6. Any outside trash disposal facilities and rooftop mechanical
equipment shall be appropriately screened from view.
7. 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.
8. An underground irrigation system shall be installed in all
landscaped areas to facilitate site maintenance.
9. Plan approval is exclusive of all signery which is subject to
Chapter 34 of the City Ordinances.
10. B612 curb and gutter shall be provided around all parking and
driving areas.
2-16-89 -3-
Application No. 89005 continued
11. The applicant shall submit an as -built survey of the property,
improvements and utility service lines, prior to release of the
performance guarantee.
12. The property owner shall enter in an Easement and Agreement for
Maintenance and Inspection of Utility and Storm Drainage
Systems.
13. Site lighting shall conform with the requirements of Section 35-
712 of the Zoning Ordinance. Pursuant to this end, the plans
shall be revised, prior to issuance of building permits, to
eliminate the tilt of the north and south lamps on all four light
poles on the site.
14. One on -site hydrant shall be required in a location to be approved
by the Fire Chief.
15. The landscape plan shall be revised, prior to consideration by
the City Council, to indicate berming in the greenstrips adjacent
to Freeway Boulevard and James Circle to provide parking lot
screening. The landscape plan shall be further revised, prior
to the issuance of permits, to indicate additional plantings as
requested by the Planning Commission and City Council in keeping
with community standards.
16. Building permits shall not be issued for the project until the
plat comprehended under Planning Commission Application No.
88024 has been given final approval by the City Council and filed
with Hennepin County.
2-16-89 -4-
-OPEN SPACE
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September 24, 1990
Paul Gray
Paul S. Gray Company
1301 Cannon Circle - Box 431
Faribault, MN 55021
Dear Mr. Gray:
This letter is to inform you that the Brooklyn Center City Council
released the entire remaining obligation of your performance
agreement at its regular meeting of September 10, 1990.
Enclosed please find a copy of the minutes of that meeting
pertaining to your project, and the financial instrument held by
the City to insure completion of approved site improvements.
Thank you for your cooperation in this matter.
Yours truly,
Gary Shallcross
Planner
GS:mll
d
4 �
C
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
SEPTEMBER 10, 1990
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order
by Mayor Dean Nyquist at 7 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and
Philip Cohen. Also present were City Manager Gerald Splinter, Director of
Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City
Attorney Charlie LeFevere, City Engineer Mark Maloney, Personnel Coordinator
Geralyn Barone, Public Works Coordinator Diane Spector, and Administrative Aide
Patti Page,
INVOCATION
The invocation was offered by Dwight Gunberg of the Brooklyn Center Prayer
Breakfast Committee.
OPEN FORUM.
Mayor Nyquist noted he had received a request for the open forum session this
evening; however, it pertains to an item which is currently on the agenda. He
noted he would take up the open forum request during this agenda item.
CONSENT AGENDA
Mayor Nyquist inquired if any Councilmembers requested any items removed from
the consent agenda. No requests were made.
APPROVAL OF MINUTES - AUGUST 13 1990 - REGULAR SESSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to approve the minutes of the August 13, 1990, City Council meeting. The motion
passed unanimously.
/ PERFORMANCE BOND RELEASES
V There was a motion by Councilmember Scott and seconded by Councilmember Pedlar
to approve release of the performance bond for Earle Brown Farm patio homes,
6800 York Place. The motion passed unanimously.
There was a motion'by Councilmember Scott and seconded by Councilmember Pedlar
to approve release of the performance bond for Hardees Restaurant, 1601 Freeway
Boulevard. The motion passed unanimously.
RESOLUTIONS
RESOLUTION NO. 90-182
Member Celia Scott introduced the following resolution and moved its adoption:
9/10/90
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AIVERICAN INSURANCE COMPANY
OH I O
Bond No. 3 35 51 13
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That we, PAUL S. GRAY CO. INC.
1301 Cannon Circle
Faribault, Mn. 55021
as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the
laws of the State of Ohio and duly organized to transact business in the State of Minnesota
as Surety, are held and firmly bound unto
CITY OF BROOKLYN CENTER, MN. 55430
as Obligee
in the sum of THIRTY-FIVE THOUSAND -------------------------------------- no/100-- Dollars,
($ 35 t 000. 00 ), for the payment whereof well and truly to be made the Principal and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by
these presents.
SIGNED, sealed and dated this 16th day of
March 19 89
WHEREAS the Principal and the Obligee have entered into a written contract, hereinafter called
the Contract, a copy of which is or may be attached hereto, dated the 16th day
of March ,1969 ,for Construction of a Hardee's Restaurant
Irving Ave. and Freeway Blvd.
Brooklyn Center, Mn. 55430
NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall
indemnify the Obligee for all loss that the Obligee may sustain by reason of the Principals failure to
complete the work in accordance with the terms of the contract, then this obligation shall be void;
otherwise it shall remain in force.
PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder
that, in event of any default on the part of the Principal, a written statement of the particular facts
showing the date and nature of such default shall be immediately given by the Obligee to the Surety
and shall be forwarded by registered mail to the Surety at its Administrative Office at 580 Walnut
Street, Cincinnati, Ohio 45202.
AND PROVIDED FURTHER, that no action, suit or proceeding, except as hereinafter set forth,
shall be had or maintained against the Surety on this instrument unless the same be brought or instituted
and process served upon the Surety within twelve months after completion of the work mentioned in said
contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any
maintenance or guarantee period provided in the contract for which said Surety is liable, an action for
maintenance may be brought within six months from the expiration f the maintenance period, but not
afterwards. t
PAUL S.
GREAT AMERICAN INSURANCE COMPANY
F.96080— 6/78 Printed In U.S.A.
By;
Eleanor M. AT fact
GIEAT AIVERICAV.. IN URMCE COMPANY
The number of persons authorized by '
this power of attorney is not more than No. 0 11826
THREE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and
existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named
below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and
all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said
Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
STUART E. THIBODEAU ALL OF ALL
LILLIAN L. THIBODEAU FARIBAULT, MINNESOTA UNLIMITED
ELEANOR M. VELZKE
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 25 th day of June ,19 80
Attest GREAT AMERICAN INSURANCE COMPANY
i
STATE OF OHIO, COUNTY OF HAMILTON — ss:
On this 25th day of June, 1980 , before me personally appeared ROBERT M. SCHUDER, to me
known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance
Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of
his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
s ".1MY,
b,r�
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great
American Insurance Company by unanimous written consent dated August 20, 1979.
RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is
authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties
and the respective limits of their authority; and to revoke any such appointment at any time.
RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile
to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other
written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect
as though manually affixed.
CERTIFICATION
I, W. R. Bily, Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney, and
the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect.
Signed and sealed this 16thday of March 19 89
S-1029G —12/79 Printed in U.S.A.
CITY OF BROOKLYN CENTER Council Meeting Date 9/10/90
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION. -
Performance Guarantee Release
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Signature - title Director of Planning and Inspection
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MANAGER'S REVIEW/RECOMMENDATION:
No comments to supplement this report Comments below/attached
SUMMARY EXPLANATION: (supplemental sheets attached
The following performance guarantee is recommended for release:
1. Earle Brown Farm Townhouses
6800 block of York Place
Planning Commission Application No. 84031
Amount of Guarantee - $15,000 bond
Obligor - Cyro Associates
All landscaping for the units that have been built is in and
viable. Parking spaces have been installed and striped. An
as -built utility survey has been submitted and was approved by
the City Engineer. Of the 12 units that were to be built in
this project only 4 have been built. The area of the 8
undeveloped lots is in a condition that can be maintained by
occasional mowing. The obligor wishes release of the bond at'
this time. A new bond will be required before building
permits for the remaining units are issued. All improvements
are in an acceptable state as of this time. Recommend total
release.
2. Hardees
1601 Freeway Boulevard
Planning Commission Application No. 89005
Amount of Guarantee - $35,000 bond
Obligor - Paul S. Gray Co., Inc.
All improvements are installed. Landscaping appears viable.
Utility corrections have been made and an as -built utility
survey has been submitted and was approved by the City
Engineer. Recommend total release.
Submitted by Gary Shallcross, Planner