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HomeMy WebLinkAbout1989 10-26 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION IN THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOBER 26, 1989 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7:35 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Ella Sander, Wallace Bernards, Lowell Ainas, Bertil Johnson, Kristen Mann and James McCloskey. Also present were Director of Planning and Inspection Ronald Warren, Planner Gary Shallcross and Economic Development Coordinator Brad Hoffman. APPROVAL OF MINUTES - AUGUST 17, 1989 Commissioner McCloskey noted a change on page 5 in the third paragraph from the bottom that the word should be "fills", rather than "fails." Motion by Commissioner Ainas seconded by Commissioner Mann to approve the minutes of the August 17, 1989 Planning Commission meeting as corrected. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. APPLICATION NO. 89024 (Tim Johnson/Subway Sandwiches) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for special use permit approval to operate a convenience food restaurant in the retail building at 1950 57th Avenue North (part of Northbrook Shopping Center) . The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 89024 attached) . The Secretary noted that the proposed hours of operation were from 11:00 a.m. to 2:00 a.m. , rather than 2:00 p.m. as noted in the report. Chairperson Malecki asked the applicant whether he had anything to add. Mr. Tim Johnson stated that he had nothing to add to the staff report. Chairperson Malecki asked whether the Chuckwagon was still located at Northbr000k Shopping Center. The Secretary answered in the affirmative, noting that it was in the northerly building. The Planner stated that the Chuckwagon has not been considered a convenience food restaurant although there is some carry-out of food from the establishment and it does abut R3 zoned property across the street. Commissioner Bernards asked what the hours of the shopping center and Superamerica were. The Secretary stated that he was not sure of the hours of the shopping center, but that Superamerica was a 24 hour operation. He stated that the liquor store's hours were regulated by State law. Commissioner Bernards asked whether there might be a police problem because of the late hours. The Secretary stated that there would probably be somewhat of a demand for police services during the late hours. Commissioner Bernards stated that if the sandwich shop were the only establishment open that late, he could see more of a problem, but that as long as Superamerica is open across the street, there may be more people around to prevent crime problems. PUBLIC HEARING (Application No. 89024) Chairperson Malecki then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Ms. Beverly Holmes, of 10-26-89 -1- 5649 Logan Avenue North, stated that she was concerned regarding the 2:00 a.m. closing. She stated that she was concerned that it might create another hangout for young people. Ms. Holmes stated that Superamerica is already somewhat of a hangout and that this establishment may also be one. The Secretary suggested that perhaps the applicant should respond to the issue of hours of operation. Mr. Tim Johnson stated that he had three existing shops in the Metro area and that he is also concerned regarding security at those establishments. He stated that he is not sure that the security problem could be solved by cutting back hours. Chairperson Malecki asked how Mr. Johnson would deal with the problem if it became a hangout. Mr. Johnson responded that if people were hanging out at the establishment, the policy is to shut down the dining area and limit service to the carry-out business. If the problem persists, the manager may call the police. Commissioner Bernards asked how many employees would be working until 2:00 a.m. Mr. Johnson responded that there would be two employees. Commissioner McCloskey asked if there was that much business at such an establishment at 2:00 a.m. Mr. Johnson responded that he is required by the parent company to have hours at least until midnight, Sunday through Thursday, and until 2:00 a.m. on Friday and Saturday. He stated that the main reason for staying open that late is to prepare . food for the following day. Chairperson Malecki asked whether the City could limit the hours of operation if it becomes a problem. The Secretary pointed out that the City has not limited the hours at Superamerica and that the City would probably have to deal with the establishment as an enforcement problem. Chairperson Malecki asked whether anyone else wished to speak regarding the application. Hearing no one, she called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Sander seconded by Commissioner Ainas to close the public hearing. The motion passed unanimously. Commissioner Sander asked whether the Northbrook Shopping Center will have to replat its property. The Secretary responded that he had an agreement from the property owner stipulating that a replat would be done within the relatively near future. The Planner went onto explain that there was a Building Code problem which arose when the Bosa Donut store was demolished and the Northbrook Shopping Center store had openings put in along a property line. He explained that the resolution of that problem was a commitment to combine the properties for tax purposes and that the property owner had indicated a desire to replat. The Planner also noted that the property had been replatted during the 1970's into three parcels because the NSP power lines were located over a separate parcel. He stated that this is not usually required, but may have been demanded by NSP. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 89024 (Tim Johnson/Subway an wiches Motion y Commissioner Ainas seconded by Commissioner McCloskey to recommend approval of Application No. 89024, 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. The kitchen plans and the kitchen equipment schedule are subject to review and approval by the City Sanitarian prior to the issuance of permits. 10-26-89 -2- 3. The special use permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 4. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Johnson, Mann and McCloskey. Voting against: none. The motion passed. Commissioner Bernards stated that he had some concerns and reservations regarding the hours. He stated that he hoped the proprietor would watch the activity at the shop and that the police would watch it as well. DISCUSSION ITEMS Ordinance Amendment Regarding Convenience Food Restaurants The Secretary noted that a draft ordinance amendment regarding the definition for convenience food restauuants was contained in the Planning Commission's agenda packet. He stated that the amendment would eliminate establishments with 40 seats or less from the convenience food establishment category. He stated that staff did not feel that these smaller, primarily carry-out establishments, were really intended to be regulated as severely as establishments such as McDonald's, Burger King, etc. The Planner also noted that the ordinance change would continue to classify as a convenience food restaurant any establishment with the characteristics of a convenience food restaurant if it is located in a separate . building. He pointed to the example of Kentucky Fried Chicken, which has limited seating, but which also has a drive-up window and can generate a fair amount of traffic and whose building treatment is basically a sign. Commissioner Johnson asked how-Kentucky Fried Chicken would be defined. The Secretary responded that it would be a convenience food restaurant because it has seating and because it does serve food in the manner defined in the Zoning Ordinance. Ms. Beverly Holmes commented that she would prefer not to have a Kentucky Fried Chicken establishment located next door to her. She expressed concerns regarding the hours, the litter and the lighting of such establishments. ACTION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDMENT REGARDING CONVENIENCE FOOD RESTAURANTS Motion by-Commissioner Ainas seconded by Commissioner Johnson to recommend adoption of an ordinance amendment relating to the definition of convenience food restaurants as drafted in the staff report. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Ainas, Johnson, Mann and McCloskey. Voting against: none. The motion passed. Housing District Boundary Change k' The Secretary then noted that the Commission needed to comment on a proposed change in a housing district boundary as to whether it was consistent with the Comprehensive Plan. He asked Economic Development Authority Coordinator Brad I , Hoffman to give the Commission background on this subject. r, it 10-26-89 -3- ,f �I i i u,