Loading...
HomeMy WebLinkAbout2017 08-31 PCMMINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA AUGUST 31, 2017 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 2. ROLL CALL Chair Randall Christensen, Commissioners Alexander Koenig (arrived at 7:04 p.m.), Jack MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade, were present. Commissioner Abraham Rizvi was absent and excused. Director of Business & Development Gary Eitel, City Planner/Zoning Administrator Ginny McIntosh, Interim Planning Assistant Angel Smith, and Carla Wirth, TimeSaver Off Site Secretarial, Inc., were also present. 3. APPROVAL OF AGENDA — AUGUST 31, 2017 There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to approve the agenda for the August 31, 2017 meeting as submitted. The motion passed unanimously. 4. APPROVAL OF MINUTES — AUGUST 17, 2017 Chair Christensen stated the August 17, 2017 meeting minutes will be tabled to the September 14, 2017, meeting. 5. CHAIR'S EXPLANATION Chair Christensen 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. 6. PLANNING APPLICATION ITEMS 6a) APPLICATION NO. 2017-008, A REQUEST BY MIKE SEERY, ON BEHALF OF SP BROOKLYN CENTER, LLC. PROPERTY ADDRESS: 615 66th AVENUE NORTH Chair Christensen introduced Application No. 2017-008, consideration of a Planned Unit Development (PUD) Amendment for the expressed purpose of amending the original PUD of the Regal Theater Development Plans of 1998 by removing from the list of restricted or prohibited uses the following: "fast food restaurants," "convenience food restaurant," and "convenience PC Minutes 08-31-17 -1- store." The amendment will allow the present business uses in this multi -tenant commercial building to comply with the provision. (See Planning Commission Reports dated 08-31-2017 for Application No. 2017-008.) Mr. Eitel provided a presentation and background on this item. He stated Planning Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2017-008, a Planned Unit Development (PUD) Amendment for the expressed purpose of amending the original PUD of the Regal Theater Development Plans of 1998 and the 2006 PUD Amendment by removing from the list of restricted or prohibited uses the following: "fast food restaurants," "convenience food restaurant," and "convenience store" (collectively, the "Identified Uses") The amendment will allow the present business uses in this multi -tenant commercial building to comply with the provisions of the Code. Mr. Eitel reviewed the past consideration of the subject site when the PUD/C2 was originally approved in 1998. He noted that this 1998 PUD had provided an approved development for three parcels. Mr. Eitel displayed a colored rendering of the Regal Theater, and announced the Theater would be closing tonight. He reviewed action taken in 2006 to approve a site plan for the construction of a 10,000 -square foot multi -tenant building on Pad Site 3. That site plan included an architectural elevation illustrating seven tenant bays, one of which was specifically identified as a coffee shop with a drive -up window and less than 40 seats. Mr. Eitel noted the 2006 project review included findings that the proposed application for PUD amendment and site and building plan approval appeared to be a good use of the property, a good long-range use, and in the best interest of the community. Staff understands the initial business uses that occupied this multi -tenant commercial building included a Starbucks, Jimmy John's Sandwich Shop, and Regal Foods. He stated that, from the beginning, these three uses were approved for this site. Mr. Eitel displayed colored photos of the building and identified each use. Mr. Eitel stated obviously the intended uses were known when the PUD amendment was approved and the City Attorney and staff were consistent in their drafting of the amendment. He stated the action tonight is to hold a public hearing and determine findings: a) The concerns that resulted in prohibiting the Identified Uses are no longer present. b) Some of the Identified Uses have already occurred on the property without creating any concerns for the neighboring owners or the City. c) The Identified Uses, as current and potential businesses on Pad Site No. 3, are appropriate uses within the PUD and are compatible with the adjacent properties. d) Approving the requested amendment will not be contrary to the goals of the City or the purpose in establishing the PUD. e) The proposed amendment to the PUD, and the additional uses it would allow to occur on the property, is supported and approved by the Planning Commission. f) City will require an amendment to the 1999 Declaration and 2006 Declaration Amendment be developed and executed. PC Minutes 08-31-17 -2- Chair Christensen asked if execution of the amendment is still pending. Mr. Eitel stated the amendment has been drafted by the City Attorney and strikes the three uses "fast food restaurants," "convenience food restaurant," and "convenience store," from the prohibited uses lists for this lot. This action will correct the action taken in 1989 and 2006. Mr. Eitel explained the City Council will consider the Planning Commission's recommendation and if approved, staff will be directed to execute those documents. Chair Christensen asked whether the property owner has to come before the City Council if additional changes are made. Mr. Eitel stated they are free to act within the C2 Zoning District and explained that when considered previously, the City did not want another convenience/gas station or a corporate fast food restaurant on this corner property. It was noted that legal notice was published in the local Sun -Post and notice letters were delivered to all neighboring properties within 350 feet of the subject site. OPEN TO PUBLIC COMMENTS — APPLICATION NO. 2017-008 Chair Christensen recognized residents in the audience who wished to speak on this matter, and called for comments from the public. There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to open the public hearing on Application No. 2017-008, at 7:22 p.m. The motion passed unanimously. Brian Alton, applicant's legal representative, thanked Mr. Eitel for clearing this confusion and stated his appreciation to the Planning Commission for considering the draft resolution. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to close the public hearing on Application No. 2017-008. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Commissioner Schonning stated his support to resolve this conflict. Chair Christensen stated staff had mentioned some uses are not allowed adjacent to a particular zoning and asked whether that is the case with this property. Mr. Eitel explained the findings were part of the 2006 PUD approval. He noted there is multiple -family residence (Melrose Gates) to the west that is not a problem and the neighboring townhouses are at a distance across 66th Avenue. He stated the findings referenced that issue as well as the PUD allowing flexibility and that the uses do not create a conflict. Chair Christensen asked whether the townhome residents were notified. Mr. Eitel answered in the affirmative, advising everyone within 350 feet was noticed. He reported Holiday is happy with the uses and just didn't want a Kwik Trip to be approved in that location. PC Minutes 08-31-17 -3- The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2017-008 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2017-008 SUBMITTED BY MIKE SEERY ON BEHLF OF SP BROOKLYN CENTER LLC There was a motion by Commissioner Schonning, seconded by Commissioner Koenig, to approve Planning Commission Resolution No. 2017-008. Voting in favor: Chair Christensen, Commissioners Koenig, MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its September 11, 2017 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 7. DISCUSSION ITEMS 7a) HUMBOLDT SHOPPING CENTER AND CURRENT SIGN REGULATIONS Mr. Eitel referenced ordinance language provided for the Planning Commission's review related to prohibited signs, noting an administrative permit can be obtained to temporarily allow a prohibited sign. He explained the administrative use permit provisions can be adjusted or the ordinance can be amended. Mr. Eitel displayed photographs of the Humboldt Shopping Center as viewed from Humboldt Avenue, noting you would not be able to see many of the business signs. He explained that Staff looked at all of the signs and found there was not much consistency as this is an older shopping center. He displayed photos of the business front elevations, explaining some businesses, such as Scoreboard Pizza, would like to be able to post a sign advertising lunch specials. Mr. Eitel stated the Planning Commission may wish to consider the subject of signage to give the business community the best chance to succeed with better looking and more readable signs. He presented a picture of the larger Humboldt Shopping Center boulevard pylon sign, noting it lists the uses in the shopping center, although some are small and difficult to read. He suggested there could be ways to add a temporary sign, such as "Pizza by the Slice." Mr. Eitel stated some of these businesses would like to improve their signage but in some cases, don't have the financial means to do so. He stated in 2012 he prepared a report relating to sandwich board and sign violations and while it was not presented at that time, it did ask policy PC Minutes 08-31-17 -4- questions. He inquired as to whether it is something worthy of review. Mr. Eitel asked what can be done to help the business community, and to look at the overall inventory of signs, business advertisement, and overgrown landscaping that blocks the view of a business and/or sign. There may be solutions that would leverage a more creative flair. Commissioner MacMillan asked whether sandwich signs are prohibited. Mr. Eitel stated they are prohibited unless an administrative sign permit is issued, which can be for 10 days. He acknowledged that many businesses do use sandwich signs and if they do not have an administrative sign permit, they are prohibited. Mr. Eitel explained if the sandwich sign is on the sidewalk in front of a restaurant saying they are open, it may not be enforced. In the case of Five Below, they put out a reader board while they are open. Mr. Eitel stated there may be some ways to consider such signage if tastefully designed. He noted that Luther Chevrolet requested an administrative use permit to install special signs for their Labor Day sale. There is a $50 application fee for a business and a $20 application fee for non -profits. Chair Christensen referenced Sign Code 34-140 language relating to permitted signs. Mr. Eitel referenced the section that relates to rummage sale types of signs. Mr. Eitel noted when the Planning Commission looked at liquor licensing, they considered it from the planning standpoint and determined whether the ordinance being more lenient or more reflective of today's business activity would be in the best interest of Brooklyn Center. He suggested that same stance be taken when considering signage. Chair Christensen stated if the City wants buildings closer to the sidewalk with parking in back, then the businesses will want a sandwich -type of sign to let those driving by know what is going on in their place of business. He agreed that successful signage is difficult when the parking separates the business from the roadway so he understands why businesses want additional signage. Mr. Eitel agreed that was the style for developing commercial businesses in the 1960s, with parking in front, and noted there is a need for balance. Chair Christensen asked if businesses should be allowed a certain square footage of temporary signage on the boulevard if the building was designed with parking between the business and roadway. Businesses in older buildings need to be able to compete with businesses in newer style buildings. Commissioner Schonning agreed that is a `vintage' design for configuring business areas. Chair Christensen commented on restaurants that want to advertise their lunch specials or new items on their menu and stated he would like an option that does not cost a large expense. Commissioner Koenig asked if the principle issue is aesthetics as well as hazard liabilities if signage is placed on the sidewalk. He noted that in the City's climate where aesthetic appeal may be less important with a plethora of empty business locations, some may think there is no need for signage to look terrific. Commissioner Koenig stated that it sounds like the Chair supports boulevard signage of a limited space and asked if that would also create a certain level of vitality or motivation to stop in and buy a sandwich. Commissioner Koenig stated he favors that though cautioned it could become extreme in some cases with too many signs. PC Minutes 08-31-17 -5- Mr. Eitel stated it may have been an aesthetic consideration. Commissioner Koenig asked whether allowing these signs would make the strip mall look less aesthetically pleasing, noting this parking lot has unfilled cracks. Mr. Eitel stated at the time the ordinance was drafted, Brooklyn Center had a regional shopping mall and many large retailers. Chair Christensen asked whether the City is a bit behind the process. Mr. Eitel explained you need to look at the intent of the Code and commercial areas. He stated at one time, he was looking at this parking lot for a farmer's market with the hope that the building owner would use the funds to improve the building. He stated the City could consider whether it was worth investing dollars provided the desired result is gained. The Planning Commission and Mr. Eitel discussed how the Commission's recommendation on the liquor license was processed and provided to the City Council, noting a similar consideration could be used to consider business signage. Chair Christensen raised the option of using a community partner to gather input on the design trends of current and future signage, and learn what other communities are considering. As the City has limited staff to take on this type of study, Mr. Eitel stated the City could potentially retain a sign consultant to engage the public and business community and bring forward a reasonable balanced solution. Chair Christensen stated that, from the standpoint of making minor corrections to the sign code, he would encourage better -looking, better thought with regard to business signage. He noted that Brooklyn Center has a lot of car sales lots and that type of business usually wants to have a lot of signs to get attention and drive business. Mr. Eitel stated spinners and flags are currently not allowed and on Brooklyn Boulevard, it would be difficult to read a sandwich sign. Chair Christensen polled the members and stated the Planning Commission has reached consensus to review the Code language related to signs and consider, perhaps, a minor amendment. He would, however, like to see some consistency in the enforcement of the sign code. Mr. Eitel stated staff will bring forward additional information at a future meeting, with plans to take a holistic approach in addressing business signage. There were no other discussion items. 8. OTHER BUSINESS 8a) SEPTEMBER 15TH LOCAL COMPREHENSIVE PLANNING FORUM, ROSEVILLE SKATING CENTER Mr. Eitel advised of items on the September 14, 2017, Planning Commission agenda. PC Minutes 08-31-17 -6- Mr. Eitel announced the September 15, 2017, Metro Cities Forum on local comprehensive plans. He stated the City Planner will attend and asked Commissioners to inform him if they would also like to attend. Mr. Eitel introduced City Planner/Zoning Administrator Ginny McIntosh, who has a Master's Degree in Planning and a lot of GIS experience. The Planning Commission welcomed Ms. McIntosh. Mr. Eitel extended his appreciation to Interim Planning Assistant Angel Smith and Planner Zoning Administrator Ginny McIntosh for their assistance and help with operating the new audio-visual equipment. There were no other business items. 9. ADJOURNMENT There was a motion by Commissioner Sweeney, seconded by Commissioner Koenig, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8 ,99: Ch PC Minutes 08-31-17 -7-