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HomeMy WebLinkAbout2002 01-31 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 STUDY SESSION JANUARY 31, 2002 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:35 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, 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 Rebecca Crass. APPROVAL OF MINUTES — November 14, 2001 There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to approve the minutes of the November 14, 2001 meeting as submitted. The motion passed. Commissioners Erdmann and Reem abstained as they were not at that meeting. ADJOURNMENT There was a motion Commissioner Newman, seconded by Commissioner Boeck, to adjourn the 2001 Planning Commission. The motion passed unanimously. The meeting adjourned at 7:36 p.m. ADMINISTER OATH OF OFFICE Mr. Warren Administered the Oath of Office to Stephen Erdmann, Rex Newman, and John Whitehead. CALL TO ORDER: 2002 PLANNING COMMISSION The 2002 Planning Commission was called to order by Chair Willson at 7:38 p.m. ROLL CALL 2002 PLANNING COMMISSION Chair Tim Willson, Commissioners Grady Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, Dianne Reem and John Whitehead. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. ELECTION OF 2002 CHAIR Chair Willson opened the floor for nominations. Commissioner Reem nominated Commissioner Tim Willson as Chair of the 2002 Planning Commission. Chair Willson asked for further nominations three times. Hearing none, he asked for a motion to close the nominations. There was a motion by Commissioner Whitehead, seconded by Commissioner Newman, to close the nominations for Chair of the 2002 Planning Commission. The motion passed unanimously. 01 -31 -02 Page 1 There was a motion by Commissioner Whitehead, seconded by Commissioner Newman to elect Commissioner Willson to the position of Chair of the 2002 Planning Commission. The motion passed unanimously. ELECTION OF 2002 CHAIR PRO TEM Chair Willson opened for the floor for nominations. Commissioner Reem nominated Commissioner Boeck as Chair Pro Tern of the 2002 Planning Commission. Chair Willson asked for further nominations three times. Hearing none, he asked for a motion to close the nominations. There was a motion by Commissioner Newman, seconded by Commissioner Reem, to close the nominations for Chair Pro Tern of the 2002 Planning Commission. The motion passed unanimously. There was a motion by Commissioner Newman, seconded by Commissioner Reem, to elect Commissioner Boeck to the position of Chair Pro Tern of the 2002 Planning Commissioner. 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. 2002 -001 (SPEEDWAY SUPERAMERICA LLC) AND 2002 -002 (MARATHON ASHLAND PETROLEUM) Chair Willson introduced Application No. 2002 -001, a request from Speedway SuperAmerica, LLC, seeking Rezoning and Site and Building Plan approval through the Planned Unit Development (PUD) process for the redevelopment of the SuperAmerica convenience store /gas station at the southwest corner of 57th and Logan Avenues North and Application No. 2002 -002, a request from Marathon Ashland Petroleum, seeking preliminary plat approval to divide and combine the three effected parcels of land. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. The property in question is zoned C -2 (Commerce) and R -1 (One Family Residence) and includes the existing SuperAmerica site (1901 57th Avenue North), a portion of the Milavetz law firm property (1915 57th Avenue North) and the residential property at 5649 Logan Avenue North. The property is bounded on the north by 57th Avenue North with commercially zoned property on the opposite side of the street; on the east by Logan Avenue North with R -1 zoned property on the opposite side of the street; on the south by single family homes located on R -1 zoned property; and on the west by C -2 (Commercial) zoned property. (See Planning Commission Information Sheet for Application No. 2002 -001 attached.) Mr. Warren presented the second staff report for companion Application No. 2002 -002 which consists of a preliminary plat that will divide and combine the effected parcels to create a new lot for the SuperAmerica proposal. The property at 5639 Logan Avenue (owned by Delwin and Donna Holm) will also be included in the plat in order to convey 8 ft. along the southerly property line of 5649 Logan Avenue to the Holms. The final plat would contain three lots rather 01 -31 -02 Page 2 than two and the Holm property would be 83 ft. by 130 ft. (10,790 sq. ft.). (See Planning Commission Information Sheet for Application No. 2002 -002 attached.) Mr. Warren described the applicant's proposal to demolish the existing SuperAmerica convenience store /gasoline station/canopy and the house and garage at 5649 Logan Avenue North to allow them to build a new, approximately 3,900 sq. ft. convenience store with six new pumping dispensers and a new canopy. Commissioner Boeck asked if the Milavetz site would conform to zoning requirements with the loss of property being purchased by SuperAmerica. Mr. Warren responded that the Milavetz site would still meet minimum lot and parking requirements as a service /office use but not for potential retail uses, which are otherwise allowed in a C -2 zone. Commissioner Boeck also asked about what compromises a "development plan ". Mr. Warren explained that a development agreement is written by the City attorney and must be filed with the title to the property. The development agreement makes reference to and has, as an exhibit, each of the plans that make up the development plan. Commissioner Newman inquired about the open area along Logan Avenue. Mr. Warren pointed out that the plan shows it as a landscaped area only with no walkways or sidewalks thru this area. He added that a car wash cannot be added to this site. A PUD amendment would be required to make any changes to the plans as submitted. Commissioner Reem asked for further clarification on the signs being requested on the site. Mr. Warren explained that based on the City's Sign Ordinance, SuperAmerica is entitled to one freestanding sign and signs on each side of the building walls limited to 15 percent of the wall area. Roof signs are only allowed in lieu of freestanding signs. Canopies with signs are allowed but they are considered a freestanding sign and are allowed only in lieu of a permitted freestanding sign. He further explained that no other gas station in the city is allowed a canopy sign in addition to a freestanding sign. PUBLIC HEARING — APPLICATION NO. 2002 -001 & 2002 -002 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application No. 2002 -001 and 2002 -002 at 9:22 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Michael Cronin, SuperAmerica representative, introduced those with him at the meeting including Ron Meyers, Director of Operations for SuperAmerica in the metro area and Ryan LaFreniere, Engineer in charge of construction. Mr. Cronin explained how the size of the existing store and lot is a problem and pointed out how the design and relocation of the new store, by relocating it deeper into the commercial zone, is a better layout, which will benefit the community and residents of Brooklyn Center. He added that there will be no activity in the back of the store along the area where the property abuts the residential area. Mr. Cronin asked for the Planning Commission to concur with the sign plan submitted. He explained how a business uses signs as a tool to attract customers and how they are important when operating a business to reach the public. SuperAmerica would like approval to put signs on the canopy in addition to the one allowed freestanding sign. He argued that this consideration 01 -31 -02 Page 3 could be given based on the fact that SuperAmerica would not take full advantage of all the signery they are entitled to. He noted their freestanding sign is less than the 145 sq. ft. allowed and the wall signs are quite a bit less than the allowed 15 percent of the wall area. Mr. Warren explained that signs are generally not included as part of the development plan, rather they are submitted separately for review. He added that signs affixed to a canopy, a freestanding structure, have always been considered a freestanding sign. This site is only allowed one freestanding sign. He expressed the opinion that there appears to be no compelling reason or mitigating factor that should allow the canopy signs as part of the PUD. Commissioner Rahn asked about extending the sidewalk to Logan Avenue. Mr. Cronin agreed to add an extension of the sidewalk on the plans as noted for better access and safety for pedestrian traffic. Commissioner Rahn further asked about lights in the back of the store. Mr. Cronin responded that the back of the store is a no activity area with no lights other than a motion light by the back door. Mr. Robert Milavetz, owner of Milavetz law firm at 1915 57th Avenue North, stated that the area they are selling to SuperAmerica merely provides his property with a buffer zone between the land and SuperAmerica. He feels the improvements to the site would positively benefit the community and not hamper his business. Mr. Steve Mosey, 1918 Brookview Drive, stated that he was at the neighborhood meeting held by SuperAmerica and he finds the proposed improvements to the site a plus, as it will make access to the site much easier. Ms. Donna Holm, 5639 Logan Ave North, acknowledged that the improvements would benefit the neighborhood as long as there are not any changes to the proposal. She frequently uses the convenience store and likes the idea of an expanded store with more products. She added that since her driveway is connected to the driveway at 5649 Logan Avenue, which will be demolished, they need the 8 ft. of property being conveyed to them by SuperAmerica or they would have a difficult time parking in their driveway. Commissioner Rahn thanked SuperAmerica for proposing these improvements. He lives in the neighborhood and appreciates the difficulty of limited access to the site. Mr. Ben Davidson, 5800 Girard Avenue North, a member of the Southeast Neighborhood Advisory Commission commented favorably on the proposal and also encouraged the SuperAmerica representative to maintain a neat and clean premises and be a good neighbor to the surrounding area. No other persons from the public appeared before the Commission during the public hearing on Application No. 2002 -001 and 2002 -002. CLOSE PUBLIC HEARING There was a motion by Commissioner Whitehead, seconded by Commissioner Erdmann, to close the public hearing on Application No. 2002 -001 and 2002 -002, at 10:03 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 Applications. O1 -31 -02 Page 4 Commissioner Boeck asked for further discussion on the proposed resolution. Mr. Warren described a change to the resolution to reflect a change in wording from "site and building plan" to "development plan ". Mr. Warren pointed out that the final plat must be modified to show a change to 5639 Logan Avenue to include the 8 ft. of the property that will be conveyed to 5639 Logan from 5649 Logan Avenue. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2002 -001 (SPEEDWAY SUPERAMERICA, LLC) Commissioner Boeck introduced the following resolution and moved its adoption: "Planning Commission Resolution No. 2002 -01, Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2002 -001 Submitted by Speedway SuperAmerica, LLC." The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Whitehead and upon vote being taken thereon, the following voted in favor thereof: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem and Whitehead, and the following voted against the same: None; whereupon said resolution as declared duly passed and adopted. Resolution 2002 -001 is made part of these minutes by attachment. The Council will consider the recommendation at its February 11, 2002 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. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2002 -002 (MARATHON ASHLAND PETROLEUM) There was a motion by Commissioner Rahn, seconded by Commissioner Whitehead, to recommend to the City Council that it approve Application No. 2002 -002, submitted by Ryan LaFreniere, of Marathon Ashland Petroleum for preliminary plat approval to divide and combine three parcels of land located at the southwest corner of 57th and Logan Avenues North into two lots subject to the following conditions: 1. Final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2002 -001. 4. The plat shall be modified to include the lot at 5639 Logan Avenue North and the proposed 8 ft. conveyance to be attached to that lot. Survey data shall be submitted to the City Engineer and the final plat shall include this lot. 5. Building permits for construction of the SuperAmerica building comprehended under Planning Commission Application No. 2002 -001 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 01 -31 -02 Page 5 Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its February 11, 2002, 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 asked for the Commission's approval of the 2002 meeting scheduled. The Commission unanimously agreed to approve the schedule as submitted. Mr. Warren pointed out that meetings will be held at the West Fire Station at least through the end of April 2002. He added that an application has been received for the February 14, 2002 meeting. Mr. Warren informed the Commission that Wendy's restaurant has inquired about installing a small freezer unit behind the building. He feels that this item does not need to go through the site and building plan process, but wanted the Commission to be informed of the plan. Commissioner Reem announced that she will be unable to attend the February 14, 2002 meeting. Commissioner Newman asked about reviewing the sign ordinance in the future. 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 10:30 p.m. r Chair Recorded and transcribed by: Rebecca Crass Recording Secretary O1 -31 -02 Page 6