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HomeMy WebLinkAbout1998 03-26 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 MEETING MARCH 26, 1998 CALL TO ORDER The Planning Commission met in a regular meeting called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Edward Nelson, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioners Erdmann and Walker were excused. Commissioner Newman did not attend. APPROVAL OF MINUTES - MARCH 12, 1998 There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to approve the minutes of the March 12, 1998 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 98006 (BUDGET CAR AND TRUCE RENTAL) Chair Willson introduced Application No. 98006, a request submitted by Budget Car and Truck Rental to amend their special use permit to expand its car rental operation at the Sears Automotive Center, 1299 Brookdale Center, to include trucks and to expand the location of inventory on the site. The application was filed on 03 -12 -98 and City Council action should be taken by 05 -11 -98 (60 days). Mr. Warren presented the staff report and used overhead transparencies to show the location of the property at the southerly end of Brookdale Shopping Center, bounded on the west by Xerxes Avenue, and on the east and southeast by Highway 100. The property is zoned C -2 and automobile and truck rental and leasing is a special use in that zoning district. (See attached Planning Commission Application Information Sheet dated 3- 26 -98) for Application No. 98006.) The special use permit was granted for a car rental business at the Sears Automotive Center in April 1986. Mr. Warren noted that one of three conditions of that approval requires that storage of the inventory of rental cars be confined to the area under the canopy. The permit did not comprehend the rental /storage of trucks at that location. In 1992, the City discovered that trucks were also being 3 -26 -98 1 offered for lease and were stored across from the Sears Automotive Center. The company was advised of the violation of the conditions of the special use permit. The reason for limiting car parking /storage to the area under the canopy was because under the City's zoning code, parking requirements are not met at the Brookdale Center. At that time, the company did not appeal the order or seek an amendment to the special use permit and ceased the truck rentals at the location. According to Budget Car and Truck Rental, a truck rental operation was reestablished in 1995. At the end of 1997, the City again contacted the local company regarding the violation. The company now seeks an amendment to the special use permit to allow expansion of its operations to include truck rental. Rentals would be housed across the perimeter road from the Sears Automotive Center. The City agreed not to pursue removal of the truck rental operation while the applicant seeks the necessary special use permit. Mr. Warren reviewed the written request (letter dated 3- 10 -98) submitted by Mr. Dennis Goneau, on behalf of Budget Car and Truck Rental, which describes how its proposal meets the five standards for a special use permit contained in Section 35 -220 of the zoning ordinance. Mr. Warren acknowledged that the documentation provided by the applicant in support of its request has merit. He pointed out, however, that Standard E requires conformance to the applicable regulations of the district in which the use is located, which includes parking requirements. He explained how parking requirements are determined for the Brookdale Center noting the City's position that expansion at Brookdale cannot be allowed without the provision of additional parking to meet the current requirements of 5.5 parking spaces per 1000 sq. ft. of floor area. He pointed out that the original special use permit granted for Budget at Sears allowed rental car storage /parking only under the canopy area which was an abandoned service station which was not considered to be a customer parking area under the ordinance. It is therefore concluded that the applicant's proposal does not conform to the applicable regulations of the district it is located in, specifically with respect to parking requirements. A review of other special use permits for auto /truck rental /leasing granted by the City in the past indicates that compliance with required parking formulas has always been a basis for granting such permits with limitations on the number of rentals and /or the location of parking at those sites. In addition, the staff report questions the appropriateness of a highly visible truck rental operation at a regional shopping center (Standard B). Mr. Warren noted that recently 19 trucks and trailers have been counted at the applicant's Brookdale site. In view of the major renovation of the shopping center contemplated by new owners, storage of rental trucks and trailers may be viewed as detrimental to the image necessary for a successful regional mall, although comment from the new owner on this application is not available. Mr. Warren described options available to the Commission with respect to action on this application and noted a public hearing is scheduled on the matter at this meeting. Chair Willson called for questions on the application from the Commissioners. 3 -26 -98 2 Commissioner Nelson asked about the relationship between Sears and the Brookdale Center. Mr. Warren described the composition of Brookdale, named its major tenants, and explained that parking requirements are determined for the shopping center complex as one entity. He explained that the retail parking formula was last modified about 1990. Mr. Warren described options the new owners may consider to alleviate the parking deficiency. PUBLI HEARING (APPLICATION NO 98006 - BUDGET CAR AND TRUCK RENTAL) There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to open the public hearing on Application No. 98006 at 8:12 p.m. The motion passed unanimously. Mr. Dennis Goneau, location manager of Budget Car and Truck Rental, representing the applicant, stated they were unable to get any documentation from the new owner regarding their position on this matter. He explained that since 1986 there have been ownership and management changes at the rental company, therefore the inclusion of truck rentals was only considered with the Sears management, since the space occupied by Budget is leased from Sears. In response to Commissioner Reem's question regarding Budget's relationship with Sears, Mr. Goneau explained that Budget is a separate company operating out of Sears property at the Brookdale location. The company has 500 rental locations throughout the country including several in the Twin Cities area. He stated the Brookdale operation is very successful with more than 50 truck rentals each month. Commissioner Boeck suggested allowing truck rentals, but that no storage of trucks be permitted. The trucks could be moved to Brookdale from other locations as needed to satisfy customer demands. Commissioner Boeck also noted that the Commission recently approved truck rentals by limiting the number and size of trucks on site at the 69th Avenue /Humboldt Avenue location. Chair Willson inquired whether Brookdale's owners have plans for dealing with the parking issue. Mr. Goneau stated he did not know what the plans are, but anticipates working with the new owners to maintain their operations there. He acknowledged that Budget is looking at other properties in Brooklyn Center for relocation of its operations should the vehicle rental business not be a part of the renovated mall. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98006. CLOSE PUBLIC HEARING (APPLICATION NO. 980061 There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to close the public hearing at 8:27 p.m. The motion passed unanimously. Chair Willson called for further discussion from the Commissioners. Chair Willson stated there have been no changes since 1986 when the special use permit was granted that warrant amending the existing permit. Furthermore, parking at Brookdale remains deficient 3 -26 -98 3 based on the applicable ordinance and the Commission must uphold City ordinances, until changed, and should not set any precedents by exempting applicants from complying with current zoning regulations. Commissioner Reem agreed that ordinances and the existing conditions of the special use permit should be upheld, indicated that truck rental at the shopping center does not seem appropriate, and expressed support for retaining the business in Brooklyn Center at another acceptable location. Commissioner Boeck moved to recommend to the Council that Application No. 98006 be approved to expand the special use permit to include truck rental and to allow 4 truck storage spaces on the site to be located at the southerly area of the presently used parking area. The motion failed for lack of a second. Commissioner Boeck explained his motion for approval is based on previous Commission actions to permit limited truck rental at other locations, including the Humboldt/69th location. The truck storage area he recommended at the Sears/Brookdale site does have some trees to provide screening that could meet the requirements of Standard B of the regulations. Commissioner Nelson noted that the Humboldt location is close to a small neighborhood shopping center and is not comparable to a major regional shopping center. It was also pointed out that although this application may have some similarities to the Humboldt/69th truck rental operation, that permit was granted under strict adherence to ordinances including parking requirements. In general, the Commission agreed that issues of concern surrounding Brookdale shopping center include an underlying image problem. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 98006 - BUDGET CAR AND TRUCK RENTAL FOR EXPANSION OF OPERATION There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to recommend denial of Application No. 98006 submitted by Budget Car and Truck Rental to amend its special use permit to expand the extent and location of inventory parking in conjunction with their rental operation at 1299 Brookdale Center on the grounds that Standard E of Section 35 -220 (Standards for Special Use Permits) is not met particularly with respect to the ordinance parking requirements for Brookdale Shopping Center. Commissioner Boeck requested Commissioner Reem to consider an amendment to the motion to include approval of truck rentals with limiting storage and/or parking to only the area under the canopy as specified in condition number 2 of the original special use permit granted in April 1986. Commissioner Boeck reiterated his concern for consistency with previous approvals by the Commission for truck rental operations. Commissioner Nelson inquired how compliance is handled by the City. Mr. Warren explained that code enforcement officials are responsible for compliance and violations could result in a misdemeanor tag. He acknowledged that due to employee turnover, the rental and storage of trucks 3 -26 -98 4 at the Brookdale Budget operation was inadvertently overlooked for a period of time and closer scrutiny to compliance is essential. Commissioner Reem subsequently rejected Commissioner Boeck's amendment to her motion and the Commissioners voted on the motion to deny approval of Application No. 98006. Voting in favor: Chair Willson, Commissioners Nelson, and Reem. Voting against: Commissioner Boeck. The motion passed on a vote of 3 to 1. There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to recommend to the Council that it amend the special use permit granted in April 1986 to Budget Car and Truck Rental, 1299 Brookdale Center, to include trucks in its overall rental operations by amending condition 2 of the original special use permit to read: " 2. Storage of inventory of cars and trucks for rent shall be confined to the area under the canopy." Voting in favor: Chair Willson, Commissioners Boeck, Nelson, and Reem. The motion passed unanimously. The Council will consider the recommendations at its Monday, April 13, 1998 meeting. The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for re- consideration. CLARIFICATION OF SECTION 35 -355, SUBDIVISION 5 As requested by the Commission at its March 12, 1998 meeting, Mr. Warren presented information on how the staff reviews and considers planned unit development (PUD) applications. In general, if a PUD contains individual parcels, development of all parcels need not be fully described in an initial application; i.e. each parcel may be presented as individual applications for separate parcels are subsequently developed. This approach allows flexibility in the development of properties. However, certain components, such as access, utilities, drainage, etc., generally are integral parts of the entire PUD and are carefully reviewed. Commissioner Boeck explained that in his judgment it was in the best interests of the City that the entire property and /or parcels of a PUD should be presented and viewed as a total development package to ensure control, compatibility, and overall acceptability of the property's development. There was a discussion of the merits of both approaches. Mr. Warren indicated that according to a discussion and review with the City Attorney, the current procedures are appropriate. OTHER BUSINESS No other business came before Commission. The next meeting of the Planning Commission is scheduled for Thursday, April 16, 1998. 3 -26 -98 5 ADJOURNMENT There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:27 p.m. Recorded and transcribed by: Arlene Bergfalk Chair TimeSaver Off Site Secretarial, Inc. 3 -26 -98 6