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HomeMy WebLinkAbout1996 07-25 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 JULY 25, 1996 CALL TO ORDER The Planning Commission met in a study session and was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Donald Booth, Mark Holmes, 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. Commissioner Robert Mickelson was excused. APPROVAL OF MINUTES - JULY 11, 1996 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve the minutes of the July 11, 1996 meeting as submitted. The motion passed unanimously. Commissioners Booth and Holmes abstained. CHAIRPERSON'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 NOS 96009 and 96010 (PHILLIPS 66 COMPAN) ) Chair Willson introduced Application No. 96009,a request from Phillips 66 Company,for a special use permit/site and building plan, to construct a convenience store/gas station at 6901 Brooklyn Boulevard, and Application No. 96010,a request for a variance from the Zoning Ordinance to allow less than a 15' greenstrip along 69th Avenue North and along Brooklyn Boulevard,to accommodate development of the site contemplated in Application No. 96009. It was agreed that the Applications be considered concurrently including a combined public hearing. (Because of discrepancies in Application No. 96009, both that Application and its companion Application No. 96010 were tabled by the Commission at its 7-11-96 meeting.) The Secretary presented the staff report for Application No. 96009. (See details in Planning Commission Information Sheet for Application No. 96009 dated 7-25-96 attached). Mr. Warren used overhead transparencies to show the location and site and building plans of the proposed convenience store/gas station to be operated by Phillips 66 Company. He explained that this 7-25-96 1 application is based on a special use permit and site and building plan approved by the City in 1993 for Phillips 66 Company,which the Applicant did not proceed with at that time. A special use permit is required for the gas station/convenience store,therefore the plans must meet specific standards. Mr. Warren described how the plan meets the standards and regulations of the applicable Zoning Ordinances and stated that approval of Application No. 96010 for a variance from the 15' greenstrip requirements is essential to this plan. The City Engineer's report dated July 23, 1996 reviewing the proposed site plan was referenced. Mr. Warren pointed out that alterations to the accesses as proposed in the plan must be completed through a permit process with Hennepin County because Brooklyn Boulevard(C.R. 152) and 69th Avenue North west of Brooklyn Boulevard(C.R. 130)are County roads. To date,formal comments have not been received from Hennepin County with respect alterations proposed to the County roadways bordering this site. The Engineer's report noted the access restrictions to the site that will occur as a result of extended medians included in the scheduled 1998 reconstruction and widening project on Brooklyn Boulevard and 69th Avenue North. The staff recommends approval of Application No. 96009 subject to certain conditions and considerations outlined in the information sheet dated 7-25-96. The Secretary presented the staff report for Application No. 96010 requesting a variance from Section 35-700 of the City's Zoning Ordinance to allow less than a 15' greenstrip as part of the Phillips 66 development described in Application No. 96009. (See details in Planning Commission Information Sheet for Application No. 96010 dated 7-2-96 attached.) Mr. Warren stated the staff recommends approval of this application based on the precedent set by the previously granted variance for a Phillips 66 application submitted in 1993. In addition, a variance to allow for a greenstrip less than that required under the Ordinance was subsequently granted for a property located at 6849 Brooklyn Boulevard. The recommendation for approval acknowledges that the Applicant's parcel is irregularly shaped and denial of a variance would create a hardship that prevents reasonable development of the property. Relying on the merits of the previous approval, the applicant did not submit written comments with respect to this variance request. The Commissioners discussed several concerns regarding the application. These included parking, landscaping,easements and rights-of-way for the roadway reconstruction, site entrances and exits, traffic sight lines,the utility and storm drainage system, access alignment with an existing curb cut and general traffic problems in the area. Mr. Warren responded to Commissioners' questions, reviewed the background related to the previous approval of a site plan and variance for a similar application from Phillips 66, and described the precedents previously set. PUBLIC HEARING-APPLICATION NOS. 96009 AND 96010 Chair Willson asked for a motion to open the public hearing on the requests submitted by Phillips 66 Company for a special use permit/site and building plan and for a variance from the Zoning 7-25-96 2 motion by Commissioner Booth, seconded by Commissioner Boeck to open the public hearing at 8:25 p.m. The motion passed unanimously. Mr. John Bannigan, Jr., Attorney, St.Paul, MN, representing Phillips 66 Company, stated he had no additional comments to the Secretary's presentations and introduced Messrs. William Anderson, Carl McKee, and Robert Hardt, also present on behalf of Phillips 66. Mr. Bannigan stated that except for confusion regarding condition#10,the Company accepts and agrees to the recommended conditions attached to approval of its Application No. 96009 as outlined in the information sheet. (Subsequently, Condition 910 in the 7-25-96 information sheet was deleted because it was determined not applicable to the Application.) Construction is expected to begin 30 days after final approval with completion in 3 months. I Mr. D. Lowrey, 6914 Lee Avenue North, stated that his property abuts the northwest corner of the site. A gated chain link fence on the property line is in disrepair. Mr. Lowrey inquired what the applicant intends to do with the fence. He noted that because the applicant's property is higher in elevation than his property, debris slides on to his property. Mr. Warren explained that the property referred to by Mr. Lowrey does not belong to the Applicant. It was deeded to an adjacent owner in a 1993-94 replatting. He suggested the owner be contacted to discuss fence maintenance. CLOSE PUBLIC HEARING Chair Willson called for further comments from the public. There was a motion by Commissioner Boeck, seconded by Commissioner Booth, to close the public hearing at 8:40 p.m. The motion passed unanimously. The Commissioners interposed no objections to approval of a special use permit requested by Phillips 66 Company, subject to the conditions outlined in the staff report, with deletion of No. 10, and the addition of several conditions to address issues discussed and agreed upon by the Commissioners. These included the addition of low-level motion lighting on the westerly side of the property, removal of a gate and maintenance of fencing on the adjacent property, right in, right out restriction, no-left turn signage at the Brooklyn Boulevard access, and alignment of the 69th Avenue North access with the intersection driveway. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96009 There was a motion by Commissioner Booth, seconded by Commissioner Boeck, to recommend approval of Application No. 96009, submitted by Phillips 66 Company, subject to the following conditions: 1. 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 and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 7-25-96 3 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 permits to assure completion of all site improvements. 4. Any outside trash disposal facility and rooftop 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. 9. The applicant shall submit an as-built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. A Special Use Perrnit is granted to Phillips 66 Company for a gas station/convenience store at 6901 Brooklyn Boulevard as contained in the plan submitted. Any expansion or alteration of the use shall require an amendment to this Special Use Permit. 11. The Special Use Permit is subject to all applicable codes, ordinances and regulations. any violation thereof shall be grounds for revocation. 12. The plans shall be modified prior to the issuance of building permits to indicate: a. A concrete surface rather than rock mulch along the westerly side of the building between the building wall and screen fence. b. The relocation of four parking stalls along 69th Avenue North so that a minimum 5' greenstrip is provided. C. The elimination of 1 parking space at the southwesterly portion of the site. d. The elimination of 1 parking space at the northeasterly part of the site and the replacement of that parking space with landscaping. e. The elimination of decorative lighting and a 10" illuminated stripe along the westerly building elevation. Addition of low-level motion lighting for security 7-25-96 4 purposes on the westerly side of the property, provided it is mounted less than 8 feet above ground level. f. The relocation of all landscaping so that it is contained within the boundary of the property and not located in the boulevard right-of-way area. g. The addition of 3 Black Hills Spruce trees on the north side of the building in the sodded area. h. Responsibility for elimination of the gate and maintenance of the fence on adjacent property at the northwest corner of the site. 13. Approval of this Application is contingent on the approval of Planning Commission Application No. 96010 authorizing a variance from the greenstrip requirements contained in the Zoning Ordinance. 14. The applicant acknowledges that driveways serving the site will be restricted to right- in/right-out only movements with future proposed roadway improvements. 15. The access on 69th Avenue North will align with the Post Office driveway on the opposite (south) side. 16. The northeasterly access on Brooklyn Boulevard will be immediately restricted to right in, right out. A"no left turn" sign must be erected at that location. Voting in favor: Chair Willson, Commissioners Boeck, Booth, Holmes, and Reem. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96010 There was a motion by Commissioner Booth, seconded by Commissioner Holmes, to recommend approval of Application No. 96010, submitted by Phillips 66 Company, for a variance from Section 35-700 of the Zoning Ordinance to allow less than a 15' greenstrip along 69th Avenue North and along Brooklyn Boulevard,based on a prior approval of a comparable variance and the fact that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that they would not be able to development the property in a reasonable manner. Voting in favor: Chair Willson, Commissioners Boeck, Booth, Holmes and Reem. The motion passed unanimously. The Council will consider the recommendations for Application Nos. 96009 and 96010 at its August PP � 12 meeting. The applicant must be present. Major changes to either application as reviewed by the Commissioners will require,that the applications be returned to the Commission for re-consideration. Chair Willson recessed the Planning Commission meeting at 9:00 p.m. The meeting reconvened at 9:07 p.m. 7-25-96 5 APPLICATION NO. 96012 (T.G.I. FRIDAY'S. INC.) Chair Willson introduced Application No. 96012, a request from T.G.I.Friday's, Inc. for rezoning/site and building plan approval through the Planned Unit Development (PUD) process to develop vacant property located on the north side of Freeway Boulevard between the Schmitt Music site and the Shingle Creek Plaza II office/industrial building. The Secretary presented the staff report. (See details in Planning Commission Information Sheet for Application No. 96012 dated 7-25-96 attached). Using overhead transparencies, Mr. Warren showed the location and site and building plans of the proposed development which includes construction of a 3-story Country Inn and Suites Hotel, a T.G.I. Friday's Restaurant, and a second undetermined restaurant. The current zoning designation of the property does not allow restaurant and hotel uses. Therefore, rezoning is required from I-1 (Industrial Park) designation to PUD/I-1 (Planned Unit Development/Industrial Park). Mr. Warren reviewed in detail how the Application relates to the rezoning evaluation policy and guidelines of the zoning ordinance. The staff review concludes that the proposal adequately meets the prescribed criteria. The City Engineer's report dated 7-23-96 regarding the proposed site plan was referenced. The Shingle Creek Watershed Management Commission reviewed and approved the grading/drainage plan subject to certain conditions. A revised grading plan avoids any impact to the wetland areas. With respect to the necessary sanitary sewer relocation that currently crosses through the center of the site, the Engineer's report notes that no relocation work has been performed or commenced at this time. The Secretary reviewed the considerations and conditions upon which approval of this Application is based contained in the Resolution attached to the 7-2-96 Information Sheet. A letter dated 6-14-96 from Mr. Philip Trice, the Applicant's project manager, provides additional support and documentation for rezoning the property to permit development of the hotel and restaurant complex rather than factories and industrial buildings. In general, the proposed development is considered to be in the best interests of the City of Brooklyn Center. Mr. Warren stated the Application for rezoning meets the established guidelines and the site and building plans are appropriate, subject to the considerations and conditions outlined in the proposed Resolution. The staff recommends adoption of the Resolution to recommend approval of Application No. 96012. PUBLIC HEARING- APPLICATION NO. 96012 Chair Willson asked for a motion to open the public hearing on the request submitted by T.G.I. Fridays, Inc. There was a motion by Commissioner Booth, seconded by Commissioner Holmes, to open the public hearing at 9:55 p.m. The motion passed unanimously. Mr. Philip Trice, Project Manager, T.G.I. Friday's Inc., Dallas TX, stated that the recommended installation of 10 additional spruce trees is acceptable. He indicated their inclusion was an oversight in the landscape plan submitted. He pointed out that the canopy will be T higher than shown on the plans to accommodate trucks. The applicant's representatives responded to questions from the 7-25-96 6 Commissioners regarding trash facilities, restaurant operating hours, hotel room rates, and anticipated construction schedule. The parking surface is expected to be completed this year with construction to begin in April 1997. The Commissioners discussed the funding of relocation of the sanitary sewer line on the property. Mr.Warren indicated that it is contemplated that the City may participate in that work through tax increment funding (TIF), however, the development agreement to be prepared will include all specifications for the relocation. The Commissioners expressed concern that taxpayers may be expected to join in the financing of a private development. Mr. Warren pointed out, however, that the TIF program is designed to assist in projects that result in long-range benefits to the City. The Commissioners interposed no objections to approval of the rezoning requested in Application No. 96012, subject to the considerations outlined in proposed Resolution No. 96-2. The Commissioners interposed no objections to approval of the site and building plan to be developed through the PUD process under Application No. 96012, subject to the conditions and considerations outlined in proposed Resolution No. 96-2. CLOSE PUBLIC HEARING Chair Willson called for further comments from the public. There was a motion by Commissioner Holmes, seconded by Commissioner Booth, to close the public hearing at 10:00 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96012 Commissioner Boeck introduced the following Resolution and moved its adoption: RESOLUTION NO. 96-2 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96012 SUBMITTED BY T.G.I. FRIDAY'S, INC. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Reem and upon vote being taken thereon, the following voted in favor thereof Chair Willson, Commissioners Boeck,Booth,Holmes, and Reem, and none voted against the same, whereupon said resolution was declared duly passed and adopted. The Council will consider the recommendation at its August 12 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. APPLICATION NO. 96013 (CROSS OF GLORY LUTHERAN CHURCHI At 10:08 p.m., Commissioner Boeck excused himself from consideration of Application No. 96013 to avoid any possible conflict of interest. Chair Willson introduced Application No. 96013, submitted by Cross of Glory Lutheran Church, requesting site and building plan approval and a special use permit to construct an addition to its facility at 5929 Brooklyn Boulevard. 7-25-96 7 The Secretary presented the staff report using overhead transparencies to show the location and site and building plan for the construction of an addition to the existing building for a fellowship hall, kitchen and entrance to the church. Remodeling includes addition of bathrooms and a new elevator. (See details in Planning Commission Information Sheet dated 7-25-96 attached.) This application requires a special use permit in the R-1 zone. Mr. Warren reviewed how the expansion adequately meets the four standards contained in the Zoning Ordinance. The proposal appears to be in order and approval is recommended subject to conditions 1-10 outlined in the staff report. PUBLIC HEARING- APPLICATION NO. 96013 Chair Willson asked for a motion to open the public hearing on the request submitted by the Cross of Glory Lutheran Church for a special use permit and site and building plan approval. There was a motion by Commissioner Reem, seconded by Commissioner Booth, to open the public hearing at 10:29 p.m. The motion passed unanimously. Mr. James Merila,Merila& Associates, Brooklyn Park, representing the Applicant, introduced W. Rod Cox of Station Nineteen Architects, Minneapolis. The representatives responded to questions from the Commissioners. It was explained that a basement will not be constructed, however, the elevator and mechanical room will be included under the fellowship hall. Additional work in the outdoor courtyard will improve access to various parts of the church complex. CLOSE PUBLIC HEARING Chair Willson called for further comments from the public. There was a motion by Commissioner Booth, seconded by Commissioner Reem, to close the public hearing at 10:34 p.m. The motion passed unanimously. The Commissioners interposed no objections to granting the special use permit. It was agreed that curb and gutter need only be provided around any altered parking and driving areas. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96013 There was a motion by Commissioner Reem, seconded by Commissioner Booth, to recommend approval of Application No. 96013, submitted by the Cross of Glory Lutheran Church, subject to the following conditions: 1. The Special Use Permit is granted for the expansion of the Cross of Glory Church for a fellowship hall, kitchen and entry area. The use may not be altered or expanded beyond the specific approval without being consistent. with the City's zoning regulations or an amendment to the Special Use Permit. 2. Building plans for the remodeling expansion project are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 7-25-96 8 3. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 4. 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 permits. 5. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be appropriately screened from view. 6. The building addition 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 Ordinance as determined by the Building Official. 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 the altered parking and driving areas. 9. The replat of the property shall receive final approval by the City Council and filed with Hennepin County prior to the issuance of permits for this property. 10. The applicant shall submit an as-built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. Voting in favor: Chair Willson, Commissioner Booth, Holmes and Reem. The motion passed unanimously. The Council will consider the recommendation at its August 12 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. OTHER BUSINESS Mr.Warren responded to Commissioners'questions regarding various City issues. The Commission's next meeting will be on August 15, 1996. ADJOUEtNMENT There was a motion by Commissioner Booth, seconded by Commissioner Holmes, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:45 p.m. Recorded and transcribed by: Chair Arlene Bergfalk Timesaver Off Site Secretarial 7-25-96 9 1