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HomeMy WebLinkAbout1992 01-30 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 30, 1992 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Molly Malecki at 7 : 30 p.m. ROLL CALL Chairperson Molly Malecki, Commissioners Ella Sander, Wallace Bernards, Bertil Johnson, Kristen Mann and Mark Holmes. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. . APPROVAL OF MINUTES - January 16, 1992 Motion by Commissioner Mann seconded by Commissioner Johnson to approve the minutes of the January 16, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Malecki, Commissioners Johnson, Mann and Holmes. Voting against: none. Not voting: Commissioners Sander and Bernards. The motion passed. APPLICATION NOS. 92001 , 92002 AND 92003 (Phillips 66 Company) Following the Chairperson ' s explanation, the Secretary introduced the first item of business, a request by Phillips 66 Company for site and building plan and special use permit, preliminary plat and variance approval to construct a gas station/convenience store/car wash at 6901 Brooklyn Boulevard. The Secretary noted that these applications were considered by the Planning Commission at its January 16, 1992 meeting and that the applications were tabled with direction to prepare a resolution of denial on the grounds that the standards for a variance are not met and that the development proposal, therefore, cannot be approved as submitted. The Secretary then reviewed the draft resolution regarding all three applications and reviewed the grounds for denial. Chairperson Malecki asked whether the plat could not be approved. The Secretary stated that it was part of, the development proposal package that included the plans and variance request. He stated that it could be pursued separately and that comment could be made on it if that were done. Commissioner Holmes asked whether the applications would go to the City Council at their next meeting. The Secretary responded in the affirmative. He noted that the City Council has adopted an ordinance regarding altered plans. He stated that if the applicant wishes to revise plans, he should do so now, rather than spend the time of going to the Council and then being referred back. Commissioner Bernards asked whether any changes were in the offing. The Secretary responded that there was no indication of that. 1-30-92 1 Chairperson Malecki then asked the applicant whether he had anything to add. Mr. Jon Baccus, of Phillips 66 asked the Planning Commission to consider all of the aspects of the, proposal. He stated that Phillips 66 could go back to the old plan that was submitted last summer, but were told at that time that dedication of right-of-way would be required. He stated that the dedication of the right-of-way requires a variance and thus, the variance request was submitted. He added that he did not think Superamerica could put their building on this site. In response to a question from Chairperson Malecki, Mr. Baccus noted that the plan that he showed the Planning Commission was different from that which was formerly submitted. He stated that this plan had been developed last summer, but that they were told that right-of-way would have to be dedicated and that the plan became impossible without a variance. The Secretary asked Mr. Baccus whether he wanted to resubmit a different plan. Mr. Baccus stated that the plan needs a variance because of the right-of-way dedication. The Secretary stated that 9 Y Y the staff ' s position is that the dedication can be made and that a service station can be built on the site though perhaps without a car wash. He added that the redevelopment of the property with a service station use requires the replat in order to eliminate the abutment with Rl property at the northwest corner of the site. He explained that this proposed replat was reviewed by the County which would require the right-of-way dedication. There followed a discussion between Mr. Baccus and the Secretary regarding the right-of-way dedication and the various plans that have been submitted. Mr. Baccus asked the Commission to consider the plat separately. The Secretary reviewed the recommended conditions for the preliminary plat and stated that staff could recommend approval of that application with those conditions. He stated that the Commission would then have to omit any mention of the preliminary plat from the resolution. Commissioner Johnson asked where the requirement of 18 ' of right- of-way dedication came from. The Secretary responded that, to transfer the triangle of land at the northwest corner of the site, the property must be replatted. He stated that the replat of the property would go to Hennepin County and that Hennepin County would impose the requirement for right-of-way dedication. He stated that staff had simply informed the applicant ahead of time that this right-of-way dedication would be required. Commissioner Mann asked if there were no replat, would the dedication of right-of-way not be required. The Secretary stated that staff would want to discuss such a right-of-way dedication, but that the requirement really comes about as a result of the plat. Commissioner Bernards asked why Phillips would want an action on the plat at this time. The Secretary responded that it was probably because any redevelopment of the site with a service station would have to eliminate the abutment with Rl property and 1-30-92 2 thus, the replat is necessary in the long run. Mr. Baccus stated that some investment has already been made in the replat and that they would just as soon see it followed through to completion. Commissioner Sander noted that the minutes indicated that this was to be a 24 hour operation. The Secretary pointed out that there has been a first reading of the ordinance to limit the hours of operation of commercial establishments within 200 feet of R1 and R2 property. In response to a question from Commissioner Holmes, the Secretary stated that this operation would be affected if the ordinance is adopted and it would not be able to be open between midnight and 6: 00 a.m. There followed a brief discussion of the proposed plat and the possibility of eliminating mention of it from the resolution. ACTION ADOPTING RESOLUTION NO. 92-1 WITHOUT REFERENCE TO APPLICATION NO. 92002 RESOLUTION NO. 92-1 Commissioner Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NOS. 92001 , AND 92003 SUBMITTED BY PHILLIPS 66 COMPANY The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Sander and upon vote being taken thereon the following voted in favor thereof: Chairperson Malecki, Commissioners Sander, Bernards, Johnson, Mann and Holmes. The following voted against: none, whereupon said resolution was declared duly passed and adopted. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 92002 (Phillips 66 Company) Motion by Commissioner Bernards seconded by Commissioner Mann to recommend approval of Application No. 92002 subject to the following conditions: 1. The 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 . The preliminary plat shall be revised, prior to consideration by the City Council, to indicate a dedication of right-of-way for future widening of 69th Avenue North of 18 ' in width. Voting in favor: Chairperson Malecki, Commissioners Sander, Bernards, Johnson, Mann and Holmes. Voting against: none. The motion passed. 1-30-92 3 ADJOURNMENT Motion by Commissioner Sander seconded by Commissioner Johnson to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8 : 05 p.m. It is noted that this was the last meeting of Chairperson Malecki . A resolution of appreciation was presented to Chairperson Malecki following the meeting by Mayor Todd Paulson. Chairperson 1-30-92 4