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HomeMy WebLinkAbout2009 06-11 PCM 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 JUNE 11, 2009 CALL TO ORDER The Planning Commission meeting was called to order by Chair Rahn at 7:06 p.m. ROLL CALL Chair Sean Rahn, Commissioners Joann Campbell-Sudduth, Kara Kuykendall, Stan Leino, Carlos Morgan, and Michael Parks were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Della Young was absent and excused. APPROVAL OF MINUTES MAY 28. 2009 There was a motion by Commissioner Parks, seconded by Commissioner Kuykendall, to approve the minutes of the May 28, 2009 meeting as submitted. The motion passed. CHAIR' S EXPLANATION Chair Rahn 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. 2009-003 HOLIDAY COMPANIES, Chair Rahn introduced Application No. 2009-003, a request for Site and Building Plan approval and a Special Use Permit to redevelop a new convenience store/gasoline station at the southeast corner of County Road 10 and Xe�es Avenue North (5710 Xen{es Avenue North). The plan proposes to demolish the existing structures and to build a new 4,350 sq. ft. convenience store on the southerly portion of the site with five pump islands under a 30 ft. by 136 ft. canopy on the northerly portion of the site. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 6-11-09 for Application No. 2009-003 and the Director of Public Works/City Engineer's report dated 6-11-09, attached.) PUBLIC HEARING APPLICATION NO. 2009-003 There was a motion by Commissioner Leino, seconded by Commissioner Kuykendall, to open the public hearing on Application No. 2009-003, at 8:03 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. Mr. John Baregi, Holiday Companies, introduced himself to the Commission. 6-11-09 Page 1 Commissioner Leino asked the applicant if there was a similar Holiday in the metro area that the Commission could look at. Mr. Baregi responded that a similar Holiday is located at Hwy 610 and Broadway Avenue. Commissioner Kuykendall asked if it is common for a transport to drive under a canopy. Mr. Baregi responded that Holiday has a minimum canopy height of 14.6 ft. which allows for adequate room for transports to go under the canopy. Chair Rahn asked if the station would be open 24 hours. Mr. Baregi responded that it is their intention to be open 24 hours. Commissioner Parks asked the applicant to address the need to push the building to the back of the property and create a smaller setback from the rear property line. Mr. Baregi responded that in order to keep their proto-typical store building, it was best to place it on the lot in this manner especially with a site that is less than an acre. He added that to allow for proper orientation and circulation of vehicles around the pumps and traffic flow, this is the best possible layout. Mr. Warren added that the original plan submitted included a car wash which created an extremely tight site, so the car wash was omitted. Commissioner Campbell-Sudduth asked for clarification of traffic flow from Xentes. Mr. Baregi replied that there would be adequate room to enter and exit from the two access points, one from Xerxes and the other off County Road 10. He added that their plan is to close the westerly access off County Road 10. Chair Rahn asked about the parking spaces on the site and if the proposed number would meet the needs of the customers. Mr. Baregi responded that the proposed layout on the site, will have adequate customer parking even though they will have less pavement and more green space than is currently on the site. No other persons from the public appeared before the Commission during the public hearing on Application No. 2009-003. CLOSE PUBLIC HEARING. There was a motion by Commissioner Leino, seconded by Commissioner Morgan, to close the public hearing on Application No. 2009-003, at 8:16 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Leino stated that he feels that the proposal being considered by the Commission will be a great improvement to the area. Commissioner Campbell-Sudduth asked when construction is scheduled to begin. Mr. Baregi responded that their plan is to begin in late July or early August 2009. The Commissioners interposed no objections to approval of the Application. 6-11-09 Page 2 I ACTION TO RECONIlV�ND APPROVAL OF APPLICATION NO. 2009-003 HOLIDAY COMPANIES There was a motion by Commissioner Kuykendall, seconded by Commissioner Leino, to recommend to the City Council that it approve Application No. 2009-003, submitted by Holiday Companies, a request for Site and Building Plan approval and a Special Use Permit to redevelop a new convenience store/gasoline station at the southeast corner of County Road 10 and Xerxes Avenue North (5710 Xerxes Avenue North), subject to the following considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of pernuts to assure the completion of all site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B-612 curb and gutter shall be provided around all parking and driving areas except for where the City Engineer may approve a lesser standard in deference to plan considerations. 9. The applicant shall submit an as built survey of the property, improvements and utility 'I service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of the utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The owner of the property shall enter into an appropriate trail easement within the green I strip area along County Road 10 and an easement for the bus bench/shelter area along 6-11-09 Page 3 Xerxes Avenue as approved by the City Engineer prior to the issuance of building permits. 13. The owner of the property shall enter into a proof of parking agreement to provide up to 24 parking spaces on the site upon a determination by the City, to be constructed within one year, that such parking is needed. 14. The applicant shall obtain formal approval of the access arrangement along County Road 10 from Hennepin County Transportation Department and any necessary permits prior to the issuance of building permits by the City. 15. The owner of the property shall enter into an easement and agreement for the maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building pemits. Voting in favor: Chair Rahn, Commissioners Campbell-Sudduth, Kuykendall, Leino, Morgan, and Parks. The motion passed unanimously. The Council will consider the application at June 22, 2009 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. DISCUSSION ITEM FARMER'S MARKET Mr. Warren explained that the Commission was being asked to discuss the possibility of allowing a Farmer's Market in an outdoor market type setting. Mr. Warren added that typically outdoor sales of inerchandise is not allowed except for what is allowed under Administrative Land Use Permits. He further explained that the city does allow various garden centers (not an open air produce market) throughout the city as allowed with an Administrative Land Use Permit for a period of not more than 30 consecutive weeks. Other types of outdoor activities are allowed on commercial properties but are limited to two permits per calendar year not to exceed ten consecutive days. Ms. Paome Yang, 5400 80�' Avenue in Brooklyn Park, addressed the Commission and stated that she would like to operate a Farmer's Market at the Brookdale Parking lot on Sundays from June 21 thru October 18 on Sundays from 9:00 a.m. to 1:00 p.m. Mr. Warren explained to the Commission that what was before them was a consideration to allow an activity such as a Farmer's Market similar to what is allowed for garden centers under the Administrative Land Use Permit process. Commissioner Campbell-Sudduth asked if any research was done regarding how other cities have handled this type of request. Chair Rahn asked for some details from Ms. Yang regarding what kind of activities will take place at the Farmer's Market. 6-11-09 Page 4 Ms. Yang described to the Commission what area of the Brookdale parking lot the Farmer's Market will be located on. Commissioern Kuykendall asked for further information regarding what types of inerchandise will be available at the Farmer's Market. Ms. Yang responded that she expects about 20 food produce booths and she is still looking for crafters and food vendors. She clarified that the food being sold will be locally grown. Chair Rahn asked Ms. Yang how the products will be displayed. Ms. Yang explained that each vendor brings in their own tent and sets up their own products for display and sale. 5he added that the vendors are responsible for clean up at the end of the day. Mr. Warren pointed out to the Commission that this is a proposed commercial activity and what the Commission should be considering is whether to amend the requirements for the Administrative Land Use Permit (which allows for outdoor sales of inerchandise) based on the impact that the proposed activity will have on the commercial use in the area. Commissioner Campbell-Sudduth asked if Ms. Yang has considered using a space such as a parking lot at an apartment building or a school building and setting up the business on a temporary basis for ten days at a time. Chair Rahn stated that the alternative locations mentioned by Commissioner Campbell-Sudduth would create the same zoning concerns and Administrative Land Use Permits are only issued for commercially zoned property. Mr. Warren explained that the Commission's responsibility is to consider in what manner the city I ordinances should be amended, if at all, to accommodate this type of use on commercially zoned property. Commissioner Leino stated that there currently is not a mechanism to allow this proposal to I, proceed beyond the ten day window. He added that this feels very rushed and more research I I needs to be done before any changes are made to existing ordinances. i Ms. Yang stated that she operates Farmer's Markets in other communities such as Brooklyn Park and St. Paul. Commissioner Morgan asked Ms. Yang how Brooklyn Park handles the zoning of a Farmer's Market. Ms. Yang responded that she does not know. Chair Rahn suggested that city staff gather more information to allow the Commission to better make a decision. Mr. Warren further cautioned the Commission from allowing a commercial type of use in a residential zone, specifically allowing the Farmer's Market on school property which is residentially zoned since this type of proposal would increase traffic in the area Commissioner Kuykendall suggested that an ordinance amendment be made to allow outdoor sales such as a Farmer's Market to operate the same as a nursery or garden center. Chair Rahn stated that he thinks it is important to first define what a Farmer's Market is and determine how other communities have handled them. 6-11-09 Page 5 Mr. Warren noted that it may be possible to allow a Farmer's Market at Brookdale during the time that Ms. Yang is considering with the cooperation of Brookdale Shopping Center. He noted that each tenant at Brookdale, or existing tenant space, is entitled to two ten-day permits. If Brookdale Management is agreeable to allow the use of the pernuts for spaces they own and/or control, than such permits could be issued and cover the period of time while ordinance amendment language could be developed meeting Planning Commission and City Council concerns. Mr. Warren also suggested that the Commission consider an amendment to Section 35-800 of the city ordinances which addresses out of door retail sales of nursery and garden merchandise for a period of 30 days, in commercially zoned property only, to also allow a Farmer's Market. He cautioned the Commission that by doing so, this would open up other types of activities on some of the vacant commercial properties in the city and that is why it is important to establish a definition for a Farmer's Market in the ordinance. Chair Rahn called for a motion supporting consideration of a Farmer's Market concept and to allow staff to develop a definition for a Farmer's Market and to research the topic in order to amend the ordinance to allow such a use. There was a motion by Commissioner Campbell-Sudduth, seconded by Commissioner Leino to direct staff to report back to the City Council that the Planning Commission supports the concept of a Farmer's Market and would like staff to further define the concept in the City Ordinance and to further develop recommendations for implementation under the Administrative Land Use process. Voting in favor: Chair Rahn, Commissioners Campbell-Sudduth, Kuykendall, Leino, Morgan, and Parks. The motion passed unanimously. OTHER BUSINESS Mr. Warren recommended that the June 25, 2009 be cancelled so that Commission members can attend the Earle Brown Days parade in light of the fact also that there are no business items for consideration. There was no other business. �I ADJOURNMENT There was a motion by Commissioner Leino, seconded by Commissioner Campbell-Sudduth, to I adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:35 p.m. Chair Recorded and transcribed by: Rebecca Crass 6-11-09 Page 6