Loading...
HomeMy WebLinkAbout1992 10-29 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 OCTOBER 29, 1992 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Wallace Bernards at 7 : 30 p.m. ROLL CALL Chairperson Wallace Bernards, Commissioners Kristen Mann, Ella Sander, Bertil Johnson and Mark Holmes. Also present were City Manager Gerald Splinter, Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Bernards noted that Commissioner Kalligher had called to say she would be unable to attend and was excused. APPROVAL OF MINUTES - SEPTEMBER 17 , 1992 Motion by Commissioner Mann seconded by Commissioner Holmes to approve the minutes of the September 17, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Bernards, Commissioners Mann and Holmes. Voting against: none. Not voting: Commissioners Sander and Johnson. The motion passed. INTRODUCTORY REMARKS BY THE CITY MANAGER The Secretary noted that the applicant for the 50 ' s Grill was not present and suggested that the Commission consider comments by the City Manager relative to Application Nos. 92001 and 92003 submitted by Phillips 66 Company. The City Manager explained that the Phillips 66 proposal had been referred from the City Council back to staff to work with the applicant in February of this year. He stated that staff have worked with a consultant for the Brooklyn Boulevard Study and with the applicants and that compromises have been made. He stated that the applicants are now able to meet most requirements except the greenstrip requirement. He stated that the staff position has been to try to meet the requirements and that if a variance should be granted on anything, it should be the greenstrip. The City Manager stated that the applicant felt that the dedication of right-of-way was the cause of the problem. He stated that staff have met with the applicant and that they are unable to come up with a plan that allows their building to be placed on the site without a variance. The City Manager stated that the City Council is concerned regarding the variance application and the right-of-way issue which might be construed by a court as a taking. The Secretary, noting that Mr. Schubert had arrived, suggested that it would be possible to consider Application No. 92014 at this time. 10-29-92 1 APPLICATION NO. 92014 (50 's Grill) The Secretary then introduced the first item of business, a request for site and building plan approval to construct an approximate 12 ' x 40 ' addition to the south side of the 50 's Grill restaurant at 5524 Brooklyn Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 92014, attached) . Commissioner Holmes asked if it was possible to drive along the south side of the building at this time. The Secretary stated that it was possible to drive up to the trash area. In response to a question from Chairperson Bernards regarding exiting and fire protection, the Secretary stated that the plan meets those requirements. He stated that extra fire protection would have to be provided along the south wall given its limited setback. Chairperson Bernards asked if the proposal was consistent with the recent ordinance that was adopted regarding the option of the 3 ' side yard setback. The Secretary responded in the affirmative, noting that this proposal was what stimulated the ordinance change. Chairperson Bernards then asked the applicant whether he had anything to add. Mr. Jack Schubert of the 50 's Grill stated that he wanted to expand the kitchen to meet the demands of an expanding business. Chairperson Bernards asked if the hours of operation would also be expanded. Mr. Schubert stated they would remain the same. Commissioner Holmes asked if the addition was to allow for more carryout business. Mr. Schubert answered that part of the additional business would be carryout and part of it would also be to sell more pies and cakes. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 92014 (50 ' s Grille Motion by Commissioner Mann seconded by Commissioner Johnson to recommend approval of Application No. 92014 , 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, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3 . A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of all approved site improvements. 4 . The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and 10-29-92 2 I shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Johnson and Holmes. Voting against: none. The motion passed. APPLICATION NOS. 92001. 92003 (Phillips 66 Company) The Secretary then introduced the next two items of business, a request for site and building plan and special use permit approval to construct a gas station/convenience store/car wash at 6901 Brooklyn Boulevard and a request 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. The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 92001 and 92003 , attached) . The Secretary explained that the property presently abuts R1 zoned property and that a service station cannot abut R1 zoned property under current ordinance. He stated that the replat of the property is to eliminate that abutment and that as a result of the replat, dedication of 18 additional feet of right-of-way is required. The Secretary showed the Commission transparencies of the Phillips 66 plans and also a plan by Consultant Tim Griffin. The Secretary stated that it was up to the City Council to determine if the variance standards are met. He stated that planning staff did not believe the standards were met, that possibly an ordinance amendment to allow a substitute treatment for a greenstrip could be considered. In response to a question from Commissioner Sander, the Secretary explained that the property presently abuts the R1 zoned property at the northwest corner of the site. Commissioner Sander asked if they had to give up the triangle of land at the northwest corner of the site to avoid abutting R1 property. The Secretary stated that it did and showed the area on a transparency. Commissioner Holmes asked if Application No. 92002 (preliminary plat) was on hold. The Secretary responded in the affirmative. He stated that the Planning Commission had recommended approval of that application, but that application had been tabled by the City Council along with the two applications under consideration this evening. In response to a question from Commissioner Sander regarding the separation or buffer requirement, the Secretary explained that the ordinance would not allow the abutment at all right now, but that once the replat provides a separation between the two properties, there is no ordinance requirement for an additional buffer. Commissioner Sander stated that the two properties may only be 10 '. to 20 ' apart, but don't technically abut. The Secretary concurred and noted that the Brooklyn Boulevard Study may recommend a change in the ordinance prohibiting the abutment of service stations with single family development. Commissioner Sander stated that this proposal 10-29-92 3 reminds her of the service station proposal at 66th and Highway 252 and that the residents didn't want that station. She noted this station is even closer than that. The Secretary noted the Zoning Ordinance did not prohibit a service station in that location. Commissioner Johnson asked how the ordinance might be amended to accommodate the proposal. The Secretary answered that the City could adopt an ordinance to allow a Council approved substitute for a 15 ' greenstrip area. Commissioner Johnson wondered how the City could come up with precise language in an ordinance to cover unique situations better than a variance action. The Secretary stated that the language could be quite simple, stating that the ordinance would allow a "Council approved substitute" for the greenstrip requirement similar to such language used in provisions on screening. Commissioner Johnson asked if the judgment would be back with the staff as to what is an acceptable substitute. The Secretary stated that the judgment would have to be made by the City Council, but he would assume it would be based on a Planning Commission reviewed recommendation. The City Manager noted that another option is to make a change to the Planned Unit Development ordinance to eliminate the size requirement. He stated that PUD' s have been used to add flexibility to development proposals. He stated that it is difficult to write landscape standards into an ordinance and that a PUD provision allows cities to work creatively with developers. He stated that the process of working out the proposed plan has been frustrating for all concerned. He added that the prototype building the applicants' wished to construct is designed around the way they do business and that it is necessary, in the applicants ' opinion, to making money at the site. Commissioner Holmes asked if the setback for the building was appropriate from 69th, given the 18 ' right-of-way dedication. The Secretary stated that the building setback proposed from 69th Avenue met the requirements of the ordinance. He noted that the setback and greenstrip requirements apply from the property line not the edge of the street. He stated that right-of-way beyond the street itself allows for snow storage and sidewalks. He stated that he believed an ordinance amendment would be more appropriate than a variance. Commissioner Holmes inquired as to the lot size requirement being too small. The Secretary answered that Consultant Tim Griffin had recommended increasing the lot size requirement for service stations, given the range of operations that are usually included in modern service stations. He added the current ordinance requires only a minimum lot area of 20, 000 sq. ft. for a service station. Commissioner Holmes asked about the term "Brooklyn Center Image" used in the report. The Secretary stated that such a reference was made by the consultant in his memo of July 2 . The Secretary noted that Target developed a new prototype building in response to meeting the Brooklyn Center site constraints. He stated that there are other similar situations on Brooklyn Boulevard and that a variance here would set a precedent. 10-29-92 4 Chairperson Bernards asked the applicant whether he had anything to state regarding the proposal. Mr. Jon Baccus, of Phillips 66 Company, addressed the Commission at some length. Mr. Baccus stated that he felt the staff report contained misconceptions. He stated the original plan developed for the site was a prototype, but that Phillips 66 had modified that plan to meet the requirement, which is no longer in effect, that the car wash be attached. He noted that the plan submitted in January had a lesser setback. He stated that Phillips 66 had worked with the City' s consultants who recommended keeping the 50 ' setback requirement. The new design does meet those setbacks. Mr. Baccus stated that the proposed building is not their prototype, but an offshoot of it. He stated that the consultant first developed a plan with a rational building design that did not include the right-of-way dedication. He stated that Phillips building plan is built around the equipment that it has to house. He stated that Mr. Griffin's plan will not work for them. Mr. Baccus noted that the separate driveway for the car wash was eliminated in the new plan. He added that eliminating pumps would affect sales and make the station nonperforming. He stated that Phillips would look at the possibility of adding the wall along 69th Avenue North to be consistent with what they have shown along Brooklyn Boulevard. He stated that the purpose of the wall is not to screen, but to enhance landscaping. He noted that landscaping is never down to zero, that there is always at least 1 ' of landscaping adjacent to the property line. Mr. Baccus stated that he felt that Phillips' developments are high quality. He suggested that the City talk to staff with other cities and they will find out that their stations are liked by those cities. He also noted that the car wash is given away free with a purchase of gas and is not another optional purchase. Referring to the staff reports, a comment that Phillips would be unable to do business without the replat and the dedication of right-of-way that is part of that replat, he stated that this is a perfect example of a taking. As to being sensitive to the City's concerns, Mr. Baccus stated that Phillips has spent over $100, 000 on planning, engineering and legal costs, in addition to buying land. Regarding the findings in the staff report on the variance, Mr. Baccus stated that without the dedication, Phillips can build a prototype building and meet the City standards. He stated that the dedication is the source of the problem. He showed the Planning Commission photos of other Phillips 66 developments. He also showed a rendering of the Phillips station that is being proposed and the landscape plan noting that the shrubs had erroneously been shown in the sidewalk area. Commissioner Johnson asked how Phillips would use the 18 ' right-of- way along 69th. Mr. Baccus stated that it would be sodded and maintained and that if the County approved it, they would berm and plant shrubs in it. 10-29-92 5 PUBLIC HEARING (Application Nos. 92001 and 92003) Chairperson Bernards then opened the meeting for a public hearing on both the special use permit and the variance applications and asked whether anyone present had anything new to add to the previous public hearing. Mr. Donald Lowry of 6914 Lee Avenue North stated that this would the third gas station to locate on this site. He stated that they all get closer to his property. He added that he preferred to keep the ordinance that would prohibit a gas station from abutting a single-family home. He also expressed concern about the maintenance of the triangular area that was being proposed to be subdivided off the main parcel. He stated that he was not in favor of the proposal at all. Mr. Randy Rau, owner of the Holiday station on the south side of 69th and Brooklyn Boulevard, stated that he knew a little bit about working with sites since he developed four service stations himself. He noted that he had to dedicate land on his side of 69th Avenue as well. He added that he would love to have two rows of gas pumps just like Phillips 66. He stated that Phillips bought the property knowing the rules and asked why the City should bend its rules for this development when he had to comply. Mr. Dave Nelson, a developer working with Phillips 66, stated that Phillips is proposing more landscaping than is required; that they have a quality plan and a quality product that will be a benefit to the City. He stated that if it is necessary to grant a variance and set a precedent to have this development, perhaps this is the kind of precedent to set. Mr. Randy Rau stated that Holiday would ask for a car wash too since they need to compete with Phillips. Chairperson Bernards asked whether anyone else wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Johnson seconded by Commissioner Sander to close the public hearing. The motion passed unanimously. Commissioner Mann asked whether the setbacks complied set except for the greenstrip. The Secretary responded in the affirmative. Commissioner Holmes asked whether the car dealerships had greenstrips that complied with the Zoning Ordinance. The Secretary answered that Brookdale Pontiac has conforming greenstrips, but that Iten Chevrolet is nonconforming. Commissioner Sander asked if the building would have to be smaller for the applicants to comply with the greenstrip and setback requirements. The Secretary answered that Mr. Griffin had developed a plan with the same size building, but different shape. Mr. Baccus stated that Phillips' 10-29-92 6 design people say that Griffin's plan won't work. He stated that he would bet that no one would build Griffin' s plan. Mr. Randy Rau asked Mr. Baccus why he bought a lot not zoned for a gas station. Mr. Baccus answered that it was his understanding the property was zoned for a gas station. Chairperson Bernards asked about the recommendations of the Comprehensive Plan. The Secretary answered that the block containing this lot was recommended in the Comprehensive Plan for redevelopment to C2 type use. He stated that the abutment restriction has been in place since 1968 . Commissioner Holmes stated that most stations have generous setbacks and that the photos shown by Mr. Baccus show berming, greenstrips and landscaping. He stated that he leaned toward keeping the 15 ' greenstrip requirement. Chairperson Bernards stated that the City has to deal with reality. He stated that this is a viable development with some problems. Commissioner Holmes asked what an ordinance amendment would do for this situation. The Secretary answered that it could allow for a Council approved substitute. The City Manager stated that the same type of language is used regarding screening devices in other parts of the Zoning Ordinance. He stated that sometimes screening is accomplished with a berm and/or a fence. He stated that the concern with a variance is that the City winds up amending its ordinance by variance rather than doing so directly. He stated that the ordinance does change over time and that it was impossible 20 years ago to foresee this type of service station. He noted that the future commercial area recommended in the Comprehensive Plan is partly zoned residential at present thereby imposes an abutment restriction. Commissioner Johnson asked what was considered to be the life of a gas station. Mr. Baccus responded that a station should last at least 20 years. Commissioner Johnson stated that things that apply now may not apply 20 years from now. He asked why 18 ' of land should be thrown away. The City Manager stated that the right-of- way was needed and that it was less costly to obtain it now. He stated that once the right-of-way belongs to the County, they can control it and that they probably would allow landscaping within it on an interim basis. The Secretary noted that the area across Brooklyn Boulevard shows the problems of over utilization of land. There followed a brief discussion of the Brooklyn Boulevard Study and setbacks. The Secretary stated that Mr. Griffin has recommended keeping building setbacks as a higher priority than greenstrips. The Secretary stated that he did not feel the variance standards were met, but that changing the ordinance is a possibility. Commissioner Holmes asked if the area around 69th to 70th Avenues on Brooklyn Boulevard is the only area of deficient setbacks. The Secretary responded in the negative. He stated that most of the single family homes on Brooklyn Boulevard are nonconforming, but 10-29-92 7 that recent commercial developments meet the 50 ' setback. The City Manager stated that there will be problems with homes used as a home on Brooklyn Boulevard. He stated that if the Boulevard is not a solid commercial area, then something else is needed to fill in the areas between commercial nodes. Commissioner Holmes asked if a special situation should be accommodated with a variance. Chairperson Bernards stated that he was not in favor of a variance. He asked what the ordinance change process would be. The City Manager stated that the Planning Commission could make a recommendation at this meeting and that the ordinance amendment would be brought back in the future. The Secretary asked if the Planning Commission would want to look at ordinance language. Chairperson Bernards stated that he would prefer to move the application along and not bring it back another time. Commissioner Johnson asked whether it might be the case that they are trying to put 5 lbs. in a 2 lb. bag. Commissioner Sander stated that it seemed too early to recommend on an ordinance amendment. She asked about the progress of the Brooklyn Boulevard Study. The Secretary stated that he did not think this would be a problem. The City Manager stated there is always a dilemma when you add flexibility. He stated that it has worked with the screening requirements because the City' s judgments have worked well. He stated that there is never a guarantee that you will always get a good product. The Secretary pointed out that the present ordinance requires a minimum, rather than allowing any options. Commissioner Holmes asked about the possibility of acquiring the vacant house to the north. The City Manager pointed out that that would only expand the area of abutment with R1 property. Commissioner Mann stated that she believed the Commission should deny the variance, but recommend an ordinance amendment to allow flexibility. Most of the other Commissioners agreed. The Secretary asked the Commission if they felt a keystone wall was considered an adequate substitute for a 15 ' greenstrip. Chairperson Bernards and others on the Commission agreed that it was. The Secretary reviewed the process of approvals and reviewed some possible conditions of approval. During discussion of maintenance of the triangle of land to be transferred to the property to the north, Mr. Baccus stated that Phillips would agree to maintain that triangle if that was the preference of the City. Mr. Don Lowry of 6914 Lee Avenue North stated that the ordinance change would harm him. He stated that he has had problems with gas stations in the past. Commissioner Holmes stated that the vision of . the Brooklyn Boulevard Study seems to work toward keeping the 15 ' greenstrip. He stated that he was concerned that the City would be giving away one of its aesthetic standards at a time when it wants to improve aesthetics. The Secretary stated that the City can't do both. He 10-29-92 8 stated that if the Commission is not comfortable with the idea of an ordinance amendment, then it should not vote for either the ordinance or a variance. The City Manager pointed out that simply requiring the 15 ' greenstrip does not insure quality. Commissioner Holmes expressed concern that other parties will abuse the option. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 92001 (Phillips 66 Company) Motion by Commissioner Mann seconded by Commissioner Johnson to recommend approval of Application No. 92001, 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, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3 . A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4 . Any outside trash disposal facilities and rooftop 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. B612 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. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 10-29-92 9 11. The special use permit is granted to Phillips 66 Company for a gas station\convenience store\car wash at 6901 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require an amendment to this special use permit. 12 . The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 13 . The replat of the property containing the dedication of 18 ' of right-of-way along 69th Avenue North shall receive final approval and be filed at the County prior to the issuance of permits. 14. Plan approval is contingent on the City Council adopting an ordinance amendment to allow a Council approved substitute for the 15 ' greenstrip requirement adjacent to public right-of-way. Said ordinance shall be effective prior to the issuance of permits. 15. The plans shall be modified prior to the issuance of building permits to indicate: a. A connection of the two trench drains adjacent to the car wash to the storm sewer system. b. The canopy shall have no illumination band on the sides. C. The triangle of land to be transferred to the neighboring property to the north shall not be fenced into the Phillips 66 site, though it must be landscaped and maintained by Phillips until a new owner is present. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, and Johnson. Voting against: Commissioner Holmes. The motion passed. ACTION RECOMMENDING DENIAL OF APPLICATION NO. 92003 (Phillips 66 Company) Motion by Commissioner Johnson seconded by Commissioner Holmes to recommend denial of Application No. 92003 on the grounds that the standards for a variance have not been met, based on the staff report and testimony received. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander and Holmes. Voting against: none. The motion passed. Mr. Randy Rau asked what had been decided. The Secretary explained that denial of the variance had been recommended, but that the development plans were recommended for approval contingent on an 10-29-92 10 ordinance amendment being adopted to allow the Council an option besides the 15 ' greenstrip. Mr. Rau stated that he concluded from that that he would be able to reduce his own greenstrip. OTHER BUSINESS The Secretary stated that the November 12 Planning Commission meeting must be rescheduled for another night because the Council will be holding a budget meeting that night. By consensus it was agreed that November 19 would be an acceptable time. ADJOURNMENT Motion by Commissioner Johnson seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10: 56 p.m. Chairperson 10-29-92 11 1 1