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HomeMy WebLinkAbout1993 08-26 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 SESSION AUGUST 26, 1993 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Sander at 7:30 p.m. Chairperson Ella Sander, Commissioners Bertil Johnson, Mark Holmes, Robert Mickelson, Dianne Reem, Debra Hilstrom and Tim Willson. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Kathy Stratton. APPROVAL OF MINUTES - AUGUST 12, 1993 There was a motion by Commissioner Johnson and seconded by Commissioner Willson to approve the minutes of the August 12, 1993, Planning Commission meeting as submitted. Voting in favor: Commissioners Hilstrom, Holmes, Johnson, and Willson. Abstaining: Chairperson Sander, Commissioners Reem and Mickelson. The motion passed. CHAIRPERSON'S EXPLANATION Chairperson Sander explained that the Planning Commission is 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. 93010 (HOLIDAY STATIONSTORES, INC.) Chairperson Sander introduced the first item of business, a request from Holiday Stationstores, Inc. for site and building plan and special use permit approval to construct a gasoline station/convenience store/car wash at 6550 West River Road. She indicated this item had been tabled at the August 12, 1993 meeting due to a split vote. The Secretary explained information regarding this application had been reviewed in detail at the last meeting, and copies of the report were attached, therefore, he would not go over the report again. He also explained that a public hearing had been opened and closed so the Commission had ample opportunity to hear and read about the thoughts of community members. He reviewed the contents of the staff report prepared for this meeting (see Planning Commission Informaton sheet for Application No. 93010, attached). 8-26-93 1 The Secretary circulated copies of a letter from Mr. Gary Brown indicating his support of the plan for the Holiday Station as a new convenience and safety feature for residents and children who would not have to cross Highway 252 to get gas or groceries. The Secretary also pointed out a letter included with the staff report from Claus A. Pierach, MD, urging the Commission not to recommend approval of the Holiday Station. Chairperson Sander asked the three Commissioners who were not present at the last meeting regarding the Holiday Station if they had any questions. Commissioner Mickelson responded his concerns were about the negative input from citizens. Commissioner Reem acknowledged the number of people who had come forward at the public hearing and expressed her concern for them as well as for the property owner, Mr. Atkins' desire to sell. Chairperson Sander indicated she lives close to the site and drives in the area often and is very concerned about additional traffic, especially since she has seen many pedestrians running through the stoplight. She also stated her experience as a real estate agent makes her opinion the Holiday Station would lower property values of nearby homes. She noted one of the standards for special use permits is that a new application should not be injurious to other property. She stated she thought the Holiday Station would be. She added that even though Mr. Atkins has a right to sell, the many homeowners also have a right to a quiet residential neighborhood. She concluded she could not support the application based on points A, B, and C of the Special Use Permit and would have to vote against the application. Commissioner Willson circulated a report he had compiled which detailed the specifics of the Special Use Permit and his opinions as to why the conditions of the permit are not met by the Holiday Station proposal. He read the report in its entirety, and requested that it be included in the minutes. (A copy is attached.) Chairperson Sander thanked Commissioner Willson for his report and asked if there were any responses to it. Mr. Jerry Jensen, representative of Holiday Companies, Inc., came forward at this time to answer questions. Commissioner Hilstrom asked if it would be possible to limit the operating hours of the car wash to eliminate night-time headlight glare. Mr. Jensen explained the car wash would be open in the same fashion as the store and that it would be difficult to close the car wash at nine or ten o'clock. 8-26-93 2 Commissioner Hilstrom also expressed her concern that the back section of the store would not be visible for any employees and questioned the lighting as well as the screening along the back wall. Mr. Jensen responded light is adequate from Highway 252 and if someone was looking for a place to conduct illegal business there certainly were better places. He also indicated that any variety of trees the City desires could be planted along the back wall. Mr. Jensen responded to the report circulated by Commissioner Willson by saying he believes Holiday has complied fully with the City's Ordinance and did not agree with Commissioner Willson's analysis. He further stated his hope the Commission would give favorable recommendation to the City Council regarding this application. Chairperson Sander responded the application meets the Ordinance,but not the Special Use Permit standards. The Secretary spoke in clarification of Commissioner Willson's report regarding section 35- 412 on access to the station. He said this section would only apply if access were from Willow Lane, which it is not. He further explained the Minnesota Department of Transportation is concerned about access to the site and had indicated the application met their requirements. He also explained that traffic should be encouraged to gain access at 66th Avenue, where the a shared access is located rather than to go around the block and create more traffic in the residential area. He said screening would be more the responsibility of future developers of the C-1 property than it would be of Holiday, and the application by Holiday does address screening as much as possible. Commissioner Holmes acknowledged the emotional nature of this issue after hearing it addressed three times and said he would not be surprised if the City Council approves the application because most of the negative feedback on property value, etc., is hearsay. He indicated he still has concerns with traffic and the 24-hour nature of the business, and would therefore vote to recommend denial of the application. ACTION REGARDING APPLICATION NO. 93010 (HOLIDAY STATIONSTORES. INC. There was a motion by Commissioner Willson and seconded by Commissioner Holmes to recommend denial of Application No. 93010 submitted by Holiday Stationstores, Inc.for site and building plan and special use permit approval to construct a gasoline station/convenience store/car wash at 6550 West River Road, on the basis that points A, B, and C of the Special Use Permit standards are not met. Voting in favor: Chairperson Sander, Commissioners Reem, Holmes, Mickelson, Hilstrom, and Willson. Voting against: Commissioner Johnson. The motion passed. The Secretary explained that this item will be referred to the City Council on their September 13 meeting, and that notices would be sent to all residents within 350 feet of the site as well as the applicant and anyone else who expressed a desire to be notified. 8-26-93 3 The Planning Commission recessed at 8:10 p.m. and resumed their meeting at 8:20 p.m. APPLICATION NO. 93011 (BROOKDALE CHRYSLER PLYMOUTH) Chairperson Sander introduced the second item of business, a request to rezone the Brookdale Chrysler Plymouth property at 6121 Brooklyn Boulevard and the property immediately to the south at 6107 Brooklyn Boulevard to PUD/C2 and to approve a planned unit development proposal for an expansion of the car dealership. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93011, attached). The Secretary reviewed the location of the site by showing an overhead transparency as well as pointing out neighboring properties that would be affected. He shared copies of the detailed report with members of the public in the audience and explained the need for re- zoning for expansion to take place. He also pointed out a letter from Mr. Bill Bartram, owner of Brookdale Chrysler Plymouth, reviewed a list of guidelines required in rezoning, and read detailed responses of staff and the applicant to these guidelines. Commissioner Holmes asked if the C-1 site to the south is currently a business. The Secretary answered that it is currently a single family residence and a potential concern. Commissioner Hilstrom expressed concern about the proposed wall to the west of the site and maintenance of the strip of property outside the wall. She also asked about the height of lighting in back of the building that could affect the row of residences along 61st Avenue. The Secretary then reviewed and answered questions on access and parking, drainage/grading/utilities, landscaping/screening, the building itself, lighting/trash, and explained the procedure for reviewing this application, which includes notifying the West Central Neighborhood Advisory Group for review and comment. Commissioner Mickelson was pointed out as the liaison from the Planning Commission to the neighborhood advisory group. Commissioner Willson commented he liked the format of staff and applicant responding to requirements as listed in the report. Commissioner Johnson said it should be noted that what kept portions of the area along Brooklyn Boulevard from developing were deed restrictions and restrictive covenants preventing commercial use of this property. The Secretary commented the purpose of this item being on this evening's agenda is mostly to take public testimony and take a first look at the plans. He continued since there are some variations to the Ordinance proposed in the plan, what would the applicant offer if a planned unit development proposal was being pursued. He mentioned that perhaps other properties should be included in any rezoning and repeated the concern of the corner property and what it could be used for since it is less than one acre. 8-26-93 4 Commissioner Holmes questioned if there were plans for further development along that section of Brooklyn Boulevard to which the Secretary responded there were not. He also asked if there were existing covenants that would prevent this proposed plan. The Secretary explained covenants do not pre-empt the ability of the City to zone property. He noted the covenants referred to were private covenants and were left to the parties concerned for enforcement. Commissioner Holmes also expressed concern that many landscaping requirements are not met with this proposal. The Secretary explained there is some flexibility allowed in the PUD process. Commissioner Willson suggested, since there are so'many issues involved in this proposal, that meetings be combined with the Neighborhood Advisory and discussions regarding amending the Comprehensive Plan and replatting the property. The Secretary agreed combining would take place wherever possible to expedite the matter. Mr. Dave Phillips appeared on behalf of Brookdale Chrysler Plymouth to answer any questions and apologized for the fact that Mr. Bill Bartram could not be in attendance. He explained that Mr. Bartram was in Detroit. In response to questions from Commissioner Hilstrom, Mr. Phillips explained the nature of the proposed building addition in regards to handicap accessibility as well as explaining part of the new addition includes a play room so parents can bring children along while their car is being serviced. Mr. Phillips clarified how a part of the new addition would be for quick service and possible oil change/lube and light maintenance, and how since the existing write-up area is inadequate, all cars in for service write-ups would be directed to the new addition and then moved via the driveway at the back of the building. Commissioner Holmes questioned whether Mr.Bartram is considering further expansion and looking at acquiring additional property. Mr. Phillips responded that this is being considered,but is difficult because of multiple owners, and unless all of them wanted to sell, purchasing one or two lots would not be enough property to make an addition. PUBLIC HEARING (APPLICATION NO. 93011) Chairperson Sanders opened the meeting for the purpose of a public hearing on request for rezoning of the Brookdale Chrysler Plymouth property at 6121 Brooklyn Boulevard and the property immediately to the south at 6107 Brooklyn Boulevard to PUD/C2 and to approve a planned unit development proposal for an expansion of the car dealership at 9:52 p.m. She inquired if there was anyone present who wished to address the Commission, and several City residents appeared with comments as follow: 8-26-93 5 Mr. Pernell Reitan of 6049 Ewing Avenue N.commented that Brookdale Chrysler Plymouth has always been a nuisance and would become an even greater one with the addition. He expressed that allowing the addition would be making one more mistake on top of others that have been made. Commissioner Mickelson asked who had been notified of this proposed change and the Secretary responded all residents within 350 feet from any point of the property. Mr. Jerry Tacheny of 3606 61st Avenue N., a resident of that property for 36 years, thanked the Commission for giving property owners a chance to give their opinion. He said when Jim Christy was the owner there was a promotion every,Saturday and very late night hours. He said he could read in his kitchen,bedroom and living room without any lights°on because of the lights from the dealership. When there had been a problem in the past with lights it took two years for it to be fixed. He expressed concern about the narrow driveway at the back of the building and hopes that the buffer area of grass behind the wall is maintained. He explained in the past there was an agreement with Brookdale Chrysler Plymouth to maintain the buffer "in a park-like manner" which had not been done under former ownership but which has improved since Bill Bartram has been the owner. Mr. Jim Bucsko of 3600 61st Avenue N. questioned what type of traffic would be using the driveway at the back of the new addition. Mr. Phillips explained that traffic would be heaviest in the morning between 7:00 a.m. and 10:00 a.m.while the business is accepting cars for service write-ups. Mr. Bucsko explained he had been living there for 21 years and to say something positive, the situation has improved under new ownership. He expressed concern about how complaints had been handled in the past. He then asked what took place at the neighborhood meetings. The Secretary explained the neighborhood meeting would be another chance for residents to express their feelings and introduced Ms. Pat Weitzel who sits on the West Central Neighborhood Advisory committee. He said this meeting will take place in the next 30 days and anyone who is interested can attend. Commissioner Hilstrom asked that everyone on the Planning Commission be notified of the meeting. Commissioner Mickelson commented on how cases like this are poor business practice and said at lease the situation has been better recently with Bill Bartram as owner. Mr. Doug Vang of 6101 Brooklyn Boulevard, the corner lot adjacent to the proposed addition site, stepped forward to explain he had bought his house three years ago not knowing that something like this would happen. He expressed concern if the dealership expands too close to his property there might be too much light and noise. 8-26-93 6 Commissioner Hilstrom asked Mr. Vang if the owner of Brookdale Chrysler Plymouth had approached him about selling his property. Mr. Vang said he had not. Chairperson Sander asked Mr. Vang if he would consider selling. Mr. Vang said he did not know. She then asked the representative of the applicant, Mr. Phillips, if the car dealership had considered buying property all the way to the corner. Mr. Phillips explained the difficulty of buying land in small pieces because it is never known if what you acquire will be useful. He continued that if a mutually beneficial arrangement could be made for all parties, it was probably a possibility, but the dealership wants to apply no pressure. He stated in this case each property owner would have to request rezoning of his own property. Mr. Phillips explained the expense of trying to acquire additional land in portions and that Mr. Bartram will already have invested $25-30,000 in this current proposal before it even goes to City Council. He further explained how the house that is owned by Mr. Bartram cannot even be used currently for anything to do with the business, so he has been renting it out. Commissioner Holmes commented this change would certainly seem to lower Mr. Vang's property value. The Secretary responded, however, that is not necessarily true since the property is zoned C-1, and a single family use of the property can continue. He mentioned the City's ability to use its condemnation rights if it were to the benefit of the public and concluded the Commission and Council need to realize how many things are affected by this proposal and be careful to consider them all before making any decision. ACTION REGARDING APPLICATION NO. 93011 (BROOKDALE CHRYSLER PLYMOUTH) There was a motion by Commissioner Mickelson and seconded by Commissioner Reem to table further consideration of Application No. 93011 submitted by Brookdale Chrysler Plymouth and refer the matter to the West Central Neighborhood Advisory for their review and comment and to continue the public hearing. The motion passed unanimously. DISCUSSION ITEMS Commissioner Reem brought up the topic of the proposed Park and Ride and questioned why it had not been brought before the Planning Commission. The Secretary explained the matter had been before the City Council because a public hearing was required to acquire land. He noted that it was his understanding the development of the plans for a Park and Ride would be brought before the Planning Commission at a later date. The Secretary told the Commission its next meeting is in 3 weeks on September 16th. Commissioner Reem said she will be out of town September 16th. 8-26-93 7 ADJOURNMENT There was a motion by Commissioner Mickelson and seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10:45 p.m. Chairperson Recorded and transcribed by: Kathy Stratton Timesaver Off Site Secretarial 8-26-93 8