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HomeMy WebLinkAbout2002 12-12 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 DECEMBER 12, 2002 REGULAR SESSION CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:37 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem, were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Whitehead was absent and excused. APPROVAL OF MINUTES — NOVEMBER 14, 2002 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the November 14, 2002 meeting as submitted. The motion passed. Commissioner Rahn abstained as he was not present at the meeting. 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. CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN Mr. Warren recommended to the Commission that the public hearing be tabled until the January 16, 2003 Planning Commission meeting when further information will be provided to the Commission for their review regarding this matter. But because there was publication of the public hearing, the hearing should be opened and continued until January 16, 2003. PUBLIC HEARING — CRITICAL AREA AND MISSISSIPPI NATIONAL RIVER AND RECREATION AREA PLAN There was a motion by Commissioner Boeck, seconded by Commissioner Newman to open the public hearing for discussion and adoption of the Critical Area and Mississippi River and Recreation Area Plan. The Chair called for comments from the public. No persons from the public appeared before the Commission during the public hearing. There was a motion by Commissioner Boeck, seconded by Commissioner Reem to continue the public hearing and table discussion of the Critical Area and Missisippi National River and 12 -12 -02 Page 1 Recreation Area Plan until the January 16, 2003, Planning Commission meeting. The motion passed unanimously. APPLICATION NOS. 2002 -018 and 2002 -019 MCDONALD'S CORPORATION Chair Willson introduced Application Nos. 2002 -018 and 2002 -019, a request by McDonald's Corporation for a Planned Unit Development Amendment to modify the original Planned Unit Development approval to be allowed to construct an otherwise non - permitted convenience food restaurant at the southeast corner of 66 and Camden Avenues North and site and building plan approval for an approximate 4,300 sq. ft., 90 seat McDonald's restaurant on the site addressed as 615 66 Avenue North. The property is zoned PUD /C -2 (Planned Unit Development /Commerce). Convenience food restaurants such as that proposed are prohibited from locating in PUD /C -2 zone based on conditions made when the City approved the Planned Unit Development rezoning for the Regal theater and surrounding property. The underlying C -2 zone also prohibits convenience food restaurants from abutting an R -1, R -2 or R -3 zoning district including abutment at a street line. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 12 -12 -02 for Application Nos. 2002 -018, 2002 -019 and the Consulting Engineer's memo dated 12- 12 -02.) A Planned Unit Development rezoning and development plan approval was approved by the City Council under Resolution No. 98 -133 on July 27, 1998. Condition No. 16 of City Council Resolution No. 98 -133 states "the applicant has agreed and the City acknowledges that it will not allow the development of `pad site 2' and `pad site 3' as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property." Chair Willson called for comments from the Neighborhood Advisory Group. Mr. Todd Paulson, 6408 Willow Lane, presented a letter on behalf of Mr. Tom Kouri, who was unable to attend the meeting. Mr. Kouri is a member of the Northeast Neighborhood Advisory Group. His letter supports denial of the application due to the fact that the proposal does not meet the rezoning guidelines. He also points out that at the time the Regal site was developed, it was agreed that no fast food restaurants would be on the site. Mr. Steve Boone (Northeast Neighborhood Advisory Group Chair), 6712 Bryant Avenue North, expressed his disappointment that the Commission was reviewing this type of development on the site when it was clearly agreed that no such use would be allowed here. He also is against the proposal. Mr. Mike Snelson,7207 Emerson Avenue North, Northeast Neighborhood Advisory Group member, stated that he feels that there would be a more appropriate use for this site and it seems that the applicant has submitted this proposal because of the inability to market the property for the appropriate use allowed under the C -2 zoning district. He stated that the applicant makes note that the remaining lots on the site are too small for sit down restaurants and added that the size of the remaining lots was a consideration at the time the Regal site was developed. 12 -12 -02 Page 2 PUBLIC HEARING — APPLICATION NOS. 2002 -018 and 2002 -019 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application Nos. 2002 -018 and 2002 -019, at 8:46 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Jim Soderberg, owner of the Melrose Gates Apartments, 6401 Camden Avenue North, stated that he sees the development of a McDonald's restaurant more of a liability than an asset to the community. Ms. Lynn Thorkildson, Manager of Riverwood Townhomes, stated that she would like to see the application denied since the development of a fast food restaurant would bring undesirable traffic to the area and would negatively affect the neighborhood. She added that a sit down restaurant would create less congestion of traffic and would bring better clientele to the city. She feels a fast food restaurant would add to the amount of debris and trash created from the nearby gas station/convenience stores in the area and possibly add to the amount of pedestrian traffic. Mr. Terry Moses, owner of the property being proposed for development addressed the COmmission. He reminded the Commission that the access to the property was granted as a shared access with SuperAmerica at the time the median plan was approved by MN DOT. He reviewed the history of the redevelopment of the site. He explained how the parking requirements for the Regal Theater, resulted in some smaller sites for restaurant pads. The smaller sites have resulted in difficulty attracting sit down restaurants for development because of size, limited visibility and access. He added that they have tried without success to attract desirable sit down restaurants for this site. He feels that McDonald's will benefit the neighborhood by providing a convenient service to the neighborhood and to those traveling through the area. He added that the development will provide an added tax benefit by stimulating the economy with an increased tax base and adding jobs to the area. Ms. Lisa Diehl, Real Estate Representative for McDonald's Corporation, stated that McDonald's is a good corporate citizen and they create job opportunities. She provided photos of the interior finishes of McDonald's restaurants and also elevation drawings. Chair Willson asked about the mansard finish on the building. Ms. Diehl stated that it would continue around all four sides of the building as suggested in the staff report. Ms. Diehl acknowledged that the plan does not show screening or buffering around the site and added that they would welcome input from the neighborhood regarding type and size of screening around the site. They would also welcome the opportunity to work with the community regarding issues raised by neighbors at the meeting. Ms. Diehl acknowledged the State Statute that requires a decision by the City within 60 days after receiving a properly submitted application and added that they would be willing to extend the 60 -day time limit for review and approval if the Commission desires additional time to review the application. Commissioner Boeck asked for statistics regarding the comparison of drive thru customers versus sit down customers. Ms. Diehl responded that 60 percent of customers use the drive thru. 12 -12 -02 Page 3 I No other persons from the public appeared before the Commission during the public hearing on Application Nos.2002 -018 and 2002 -019. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to close the public hearing on Application Nos. 2002 -018 and 2002 -019, at 9:25 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Newman inquired as to what uses are allowed in the C -2 zoning district. Mr. Warren offered an explanation for what uses, other than restaurants, are allowed in the C -2 zoning district. He also explained what discussions took place between the City and the developer when the property was initially submitted for a Planned Unit Development approval regarding the size of the remaining lots and the uses allowed. Mr. Warren added that it was understood that the site was developed with appropriate sized lots for the development of non- fast food restaurants. Chair Willson stated that he lives in the neighborhood and frequents the businesses in the area and feels that the traffic flow is difficult at times. Commissioner Reem stated that a denial of the application is not a reflection on the McDonald's Corporation but rather a realistic result considering what is allowed under the PUD previously approved. Commissioner Newman suggested an addition to Planning Commission Resolution No. 2002 -05 to reflect the input by the Neighborhood Advisory Group. Chair Willson stated that the applications should be considered together for approval or denial. ACTION TO APPROVE RESOLUTION NO. 2002-05 (RECOMMENDING DENIAL OF APPLICATION NOS. 2002 -018 AND 2002 -019 SUBMITTED BY MCDONALD'S CORPORATION) There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve Planning Commission Resolution No. 2002 -05 Regarding the Recommended Disposition of Planning Commission Application Nos. 2002 -018 and 2002 -019 submitted by McDonald's Corporation, a resolution recommending denial. The motion passed unanimously. The Council will consider the application at its January 13, 2003 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 12 -12 -02 Page 4 OTHER BUSINESS Mr. Warren discussed the proposed 2003 Planning Commission meeting schedule for approval by the Planning Commission. The Commission unanimously agreed to approve the 2003 schedule. Chair Willson inquired as to the Commission member's intent to continue to serve for those whose term expires on December 31, 2003. All affected Commissioners wished to be reappointed. There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:48 p.m. Chair Recorded and transcribed by: Rebecca Crass 12 -12 -02 Page 5