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PL 11/06/1985 - 306420 ��. CITY pF FRIDLEY PLANNING COMMZSSION MEETING, NOUEMBER-6., 1985 ................................ ... .... CALL TO'ORDER: Chairwoman Schnabe] ca7led the November 6, 1985, Planning Commission meeting to order at 7:33 p.m. ROLL CALC: Met7bers Presen� :. Ms. Schnabel, P1r. Oquist, Mr. Saba, Ms. Gabel, Mr. Minton, Mr. Kondrick, Mr. Wellan !�er�bers Absen�� : P3one Others Prese�€e: Jim Robinson, Planning Coordinator Aderian Smith, 3828 - 172nd Ave. N.W., Anoka Charles S. Cook, 12640 Grouse St.., Coon Rapfds Steven Hanson, 72057 Duke Dr. N.E. Roger & Sue Haugen, 4056 Constance Blvd. Sid Inman, 6747 Overton David Weir, 320 Woadbridge Plaza Eric Nesset, 1151 Friar Lane n David C'.•Schumber, 5029 - 16th Avenue See Attached List - - �--- .. .- �- APPR0I�AC �OF OCTOBER' 9; ' 198�; ' PL'ANNII�G'COMI�FS�I01�'MFI�I�T�S: MOTION BY MR. KONDRICK� 5ECt�NDED BY MR. SABA� TO APPROVE 2HE OCTOSER 9� 1985� PLANNIIVG COMMISSION MINUTES; Ms. Gabel indicate�d that on page 6, second paragraph, the second sentence should be deleted in its entirety. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLA�ZED THE MINUTES APPROVED AS AMENDED. 1. PUBLIC HEARING: RATION'OF A�SPECIAL�USE'PERI�IIIT;'SP'#85=12;�BY t. HUCKiH1V JI�I1ihl: Per Section 205.05.4 of the Fridley Cit�r Code, to allov� a different commercial use in an S-1 zoning district (special�zoning district for Hyde Park) located on Lots 27 and 28, Block 12, Hyde Park, the same being 5973 - 3rd Street N.E. MOTION BY MR. KONDRrCK� SECOIVDED BY MS. GABEL� TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCHNAEEL DECLARED THE PUBLIC HEARING OPEN AT 7:34 P.M. Mr. Robinson stated this property was located in the Hyde Park area, west of University Ave., and south of 60th Ave. The property was last occupied by �„� The Energy Shed. The change of business was what required the special use permi:t. ,..� � P'LANNING' CO�h�IS$ION' MEETING; ' NOVEN1BER � 6; ' 1985 PAGE 2 Mr. Robinson stated the pa^operty was zoned S-1, special zoning for Hyde Park, which was a relatively new zoning. The property was surrounded by single fami.ly, multiple,��and a few comm�rcial 6usinesses across from the property on Universfty Ave. Mr. Ro6inson stated the structure was approx. 2,300 sq. ft. and the proposal was to put in a small printing business. The petitloner has agreed to make substantial site improvements. He has worked with City Staff on what has to done to 6ring tfie property up to code. Included wath the exterior improvements �as cedar siding on all four sides of the bullding. The interior will be divided 50q to reCeption and office area and the ea�terly 50% to shop area. Sfte improvements include new par[cing and landscapinq. The City was sug�gesting tFie pet�tfioner purcFiase from tFie City a portion of Lot 29, approx. 1�604 sq, ft., in order to bring tFie property up to code in terms of laying out a parking lot to meet city code dimens�ons. 7he petitioner was agreeable to this. With that additional property, the petitioner would be able to put in 10 stalls and also al�ow setback from the property required by code and still have ample room for hedging and trees to screen the par[cing area. Mr. Robinson stated Staff was recommending the following stipulations: 1. l�ake e� terfior 1lnprovements to building,.as per plan, by May 1, 1986. 2. Purcfiase a p�rtion of Lot 29., approx. 1,604 sq.�ft., from ths City as n per plot plan 6y City 6y Feb. 1, 1986. (Wi71 require formal Council approval 3. Provide parking area as per plot plan by City, with concrete curbing and asphalt paving by July 1, 1986. 4. Provide landscaping as per plot plan by City by Aug. 1, 1986. 5. Provide a sound insulated chamber for air compressor nrior to occupancy. 6. Provide a site improvement performance bond in the amount of �$5,000 pri�r to issuance of building permit. 7. F�pansion of the pr�posed 6usiness including the addition of a printing press or 6uilding additions will require a special use permit revfew. 8. Employee parking needs should not exceed 8 stalls at any one time, unles s additional parking is made available. Mr. Aderian Smith stated they are not only a printing business, but are actually an advertzsing business. One of the products is a full color tele- phnne 600k cover enclosed in vinyl and sent out to the residents. They have a sales forc� across the United States. They will do no printing that is offensive to anyone. The air compressor they use is a regular 5 horse air compressor used in any service station. It was not excessively noisy, but for the protection of people wor[cing close to it, it will be screened. He stated he has no o6jection to tFie stipulations. The 8 parking stalls would be adequate because at no one time would they have more than 8 people in the building. ^ Mr. Saba stated he saw that the business planned to tase a Thermatron RF sealer shuttle system. He was familiar with its function, and in the past, he has seen a lot of problems with things happening to garage door openers, cordless tele- phones, etc., because of the high energy concentration. . .. ... ...... ...... ...... ...... ...... . - .._.. ... . PLANNIfVG'COIaII�ISSI01�'fd1�ETilVG;'I�OI���I��R`6;'1985...... . . PAGE 3 Mr. Smith stated the machfne has to be fully screened. It is a regular Thermatron FCC approved fully screened machine. The environment inside the macFiine screens the RF factor. He stated they can play a radio within 10 ft. o�p this mac�ine wfi-icfi is one of tFie first things it would affect. A resi�ent asked what hours the business would be open. Mr, Sr�i.t� stated tFiey wou]d 6e open four days a week, Mon. - Thurs. , from 7 a.m, to 5 p.m. He stated the office..will be open Mon. - Fri., but only 2-3 people are in the office on Friday. Mr. Kearney Fran�, 6010 3rd St., asked about the special Hyde Park zoning. Ms..Schnabel stated the special zoning came about because of zoning problems that occurred in the area. Ms. Gabel stated she chafred the committee that worked on rezoning that neigh- 6orFiood. It too(c a full� eigfit years to take c�re of it. VJhat was happening ►�as t6ere was a strange zoning occurrence in tfie 1960's and peo�le who had , homes were not allowed to re6uild if there homes were destroyed and some peopleccouldn`t get mortgages�: When people wanted to sell thefr homes, buyers couldn t get mortgages eit�er. The idea of rezoning was for people to be aG-le to �eep treir �omes and not Fiave any more density in the neighborhood. n Tfie fiusines�ses were to 6e allowed to exfst but were not to be increased in S1ZG' which was p�rt of a problem she had with this special use permit request. T6.e �ol e concept rtas for. tFie nei g�i6orhood to try to turn i tsel f around and b.ecome residentlal again. 7o a d�gree that has happened as there are a lot of ne►er homes in the area. Mr. Willard Guimont, 5980 3rd St., asked that if this special use permit was approved and this business propos�l fell through, could any type of business go in there? Ms. Schnabel stated this special use permit went with this business only. If this business did not go in, any other business would have to go through the same process and apply for a special use permit. Mr. Robinson stated that as a safeguard, a stipulation cou]d be added that the special use permit was for this particular business only. Ms, Gabel stated she was opposed to the City selling right of way because part of the overall plan for Hyde Par[c was that the businesses were to be allowed to exist, but were not to 6e expanded in any way because that was a deterrent to [ceeping the residential character of the neighborhood. She did not think ��is was- appropriate for t�e overall plan. Mr. Robinson stated that in reading the code, it was a matter of interpretation. The code says "existing uses other than single family are permitted uses". ^ It �rent on to say t�at if they are damaged or destroyed, the existing use will b-e allowed to re6uild 6ut shall not exceed the size or setbacks of the existing ....-� .. ..._ ...... .... _ _ , ,� � P'L�NNiNG' COI�IIdIISSI6�'Ni��TI�1G; ' N011�N'I�ER' 6; ' 1985. . . . . . . . . . PAGE 4 structure. Alterat�ons may 6e made when they improve the structur�,provided they v�ill not increase t�e num6er of dwelling units, the bulk of the bu�lding, or enlarge tFie use. Mr. Robinson stated tF�at regarding this request, they are just trying to create a par�.ing lot to code that fias some landscaping and some other amenities which are possi6le 6y tFie purc[iase of the extra land. They are not increasing the size of tFie 6uil d1`�tg. � Ms. Ga6e1 stated she was��concerned tFiat if they start this kind of thing, more of it is going to Fiapp�n, and they are going to lose the whole intent of the rezoning wFiic� was to re�urn the neigh6orhood to its resider�tial quality. SF..e di�d not care to see tFiis kind of precedent set. Mr. Ro6inson stated the alt.ernative was to have the property remain as it.w�s wi.th substandard parking and no landscaping. � Mr. Bob Ec[cer, 5940 3rd St., stated the thing he did not like was the slip-off o� turn�-off at University onto 3rd St. He wished that had never been constructed [�y the City. He stated elosing the slip-off would create more room for the pet�t�oner�s parf�ing lot and additional proeprty would not have to acquired from t�e Ci'ty. i"'� The ot�er residents present at the meeting agreed with Mr. Ecker. Mr. Robinson stated �ihe closing off of the slip-off was something the City could taf�e a loo�c at. Ms. Gabel stated that before the City pursued something like that, she would like to find out a6out assessments--how t�ie cost would be taken care of ff it were removed as the people have paid for it once already. Mr. Wellan stated that if a majority of the land purchased from the City was to be used to improve the aesthetics of the area, he would be in favor of the purc�.ase of additional land. Mr. Saba stated he did not thlnk they could really set a precedent in a special zoning district. It is a special zoning area with unique situat�ions and, in t�is particular case, he could see both Ms. Gabel's point of view, but he could also see the City`s point of view where they want to see the property brought up to code and loo[cing nice for the neighborhood. Mr. Kearney Frank stated he wanted to see the business and property looking nice. If the City has some property i� can sell and it will improve the Qroperty and as long as the petitioner takes care of the property and there ts no noise, �.e did not see anything wrong with it. Mr. Bob Ecker stated he would like to have the City Council give some serious � consideration to closing off the slip-off. � _ .. ,., PLAfJNING � COMMISSION' I��ETING; ' �lO1�ENIB�R' 6; ' 1985 . . . . . . PAGE 5 Mr. Robinson stated the City has had 6-i different requests for this property, and this was the first request that was reasonable and fit for this neighbor- hood, and the first petitioner who was willing to make these improvements to the property. MOTION BY MR. KONbRICK� S�'CONDEb BY MR. 5ABA, TO CL05E THE PUBLIC HEARING. U,PON A VOICE VOTE, AZ',L VOT.FNG AYE, CHAIRWOMAN SCHNABEL DECLA,RED THE PUBLIC HEARIING CLOSED AT � 48 P.M. Mr. Minton stated one concern raised was that this would set a precedent for other 6usinesses in the area, and he thought the Planning Commission should ma[ce it very cl ear t�iat fit does not. Ms. ScFinabel stated that since Ms. Ga6e1 was a resldent in the area and had chaired �he_commit�ee that worked on the zoning, she certainly had more experience and knowledge of tFie area; however, Ms. Schnabel stated she would li[ce to see the lartdscaping done in som�e way, She felt screening of the parking lot was �mportant, especially if in the future the slip-off was vacated and the rest of the property was sold off for a single famil,y home, in which case good screening would 6e very important. Mr. Kondrick stated the point made by Mr. Saba that this was a special area n with unique situations was a good point. This particular request was an excep- tion. The area itself..was an exception. He felt each situation has to be looked at individually... He felt tfie plan as su6mitted was a good plan and the stipulations were fine. He did have some reservations about the purchase of property also, 6ut, as pointed out 6�► a neigfi6or, the area will be improved as right now the area looks kind of 6ad. The business was not an offensive husiness; the renovation of tfie 6uilding will be a big help to the area, and he felt that approving this special use permit for this propert_v would be a good move. Mr. Oquist stated that because the City was requesting that the petitioner purchase the extra land to brinq the pt�operty up to code,�not the petitia�er wantin� to�enhance the propert,y, �nd�that �he majority of �he land was f�r landscapin�, he.f�lt %t�was very clear t�ey were not setting a precedent. MOTION BY MR. KONDRICK, SECONDED BY MR. WELLAN� TO RECOMMEND TO CITY COUNCIL APPROVAL SPECIAZ USL4' PERMI�', Sp #85-12� BY E. ADERIAN SMSTH� PER SECTION 205.05.4 OF THE FRIDLEY Cl2"Y CODE' 2'O ALLOW A bIFFERENT COMMERCIAL U5E .IN AN S-1 DI5TRICT (SPECIAL ZONIIVG DISTRICT FOR HYDE PARK) IACATED ON ZOTS 27 AND 28� BLOCK 12� IiYDE PARK� TAE SAME BEING 5973 - 3RD 5TREET N.E., WI7'H THE FOLLOWING STIPULATIONS: 1• MAKE EXTERIOR IMPROVEMENT5 TO BUILDING, AS PER PLAN� BY MAY 1� 1986. 2. PURCHA5E A POR2'ION OF �OT 29, APpROX. 1,604 Sg. FT.� FROM THE CITY AS PER PLOT PT�AN BY C7TY BY FEB. 1� 1986. 3. PROV.TDE PARKING AREA AS PER PLOT PLAN BY Cl2'Y WITH CONCRETE CURBING AND ASpHAL2' PAVIIVG BY JULY 1, 1986 . �. PROVIDE LANDSCAPING AS PER PLOT pLAN BY CITY BY AUG. 1, 1986. . _. _. _._.. .. .. . .. � PLANNING � COMI�ISSION'I�I��TING; ' N011�N1BER' 6; 1985 � ' ' ' � � � PAGE 6 5. PROVIDE A,SOUND IN5U.T.ATL"D CH�IMBER FOR AIR COMPRE5SOR PRIOR TO OCCUPANCY. 6. PR�VIDE A SITE IMPRODEMENT PERFORMANCE BOIVD IN THE AMOUNT OF ,55�000 PRIOR TO ISSUANCE OE BUI%DING PE.RMIT. 7. EXPANSION OF THE PI�OPOSED BUSINES5 INCLUDING THE ADDIT.ZOIV OF A PRINTING PRE5.S OR BUILDING ADDITION5 WILL REpUIRE A SPECIA.L USE PERMIT REVIEW. 8• EMPLOYEE PARKING•NEED5 5HOULD NOT EXCEED 8 S�'ALLS AT ANY ONE TIME� UNLES� ADDITIONAL PARKING IS MADE AVAILABLE. 9. THIS SPECIAT, US`� PERMI2' FOR THE PROPOSED BU6INES5 ONLY. Ms. Schnabel stated she was willing to support the motion regarding stipulation #2 tfiat the petitioner would purch�se the additional property, based on the premise �hat t�ie purcFiase was initiated 6y the City in order to bring the Property up to code and was not initiated 6y the petitioner. � UPON A VOICE V02'E� �1Li VOTING AYE� CHAIRWOMAN 5CHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. NJs. Schnabel stated this item would go to City Council on Nov. 18. MO�'ION BY MS. GABEL� SECONDE� BY MR. 5ABA, TO RECOMMEND THAT Cl2'Y STAFF LOOK INZ'O THE POSS1'BZ�,I'�'Y OF CbOS'd7�1G THE ST,IP-OFF FROM UIVIVERI52"Y TO 3.RD STREET, �1 67FIAT THE COST� WpULD BE AND XOW 2'HOSE' COSTS WOULD BE BORIVE. UpON A VOICE V02'E� ALL V02"ING AYE, CHAIRWOMAN SCHNABEL DECTIARED THE MOTION C�RII�D UNANIMOUSI,Y. 2. Pl�16LFG� N�AR�FNG:�'����CONSID�RATION' OF'A' PREL' IFITNARY' P'LAT; � P:S: #85-06, RIVERWOOD � , , . Being a replat of a of�Lots 27, 28, 29, and 30, Revised Auditor's Sub- division No, i'7, excep� Blocks 1 and 2 platted as Riverwood Manor, and except tl�at part of said Lot 28 lying Easter��r of the following described line: Beginning at a point on the South line of said Lot 28 distant 315.64 feet West of the Southeast corner thereof (said Southeast corner being in the centerline of East River Roadj thence North at right angles from said South line to its intersection with the North line of said Lot 28 and there terminating. •1!?O'� O� BY MR. OpUI5T�� SECONDED BY MR. MINTON� TO OPEN THE PUBLIC HEARING. UPON;•A VOICE VOTE� ALL VOT.ZNG AYE� CHAIRWOMAN 5CHNABEL DECLARED THE PUBLIC HEARING OPEN AT 8:25 P.M. Mr. Robinson stated this propos�d plat was west of East River Road and north of 71st and south of 712 Way. It was bounded by all single family homes and was the site of tFie old Riverwood Elementary Scfiool. The entire property v,cas zoned pu6lic, except Lots 1 and 2, Block 3. With the replat, zoning to R�-1 would 6e automatic. r'"� . ...... ...... . ... ....... ...... ._. ._.. � ,.� . PL'ANNING' COf�IIS�ION'Ni�ETII�G; ' N01��IBER' 6; ' 1985. . . ' . . . . . . PAGE 7 Mr. Ro6inson stated the plat called for the division into three separate C�locks, 61ock 1, 2, and 3 for a total of 31 sinql� family lots, all the - proposed lots awe of adec�uate si�e and area per code, with ar.eas r�nging from 9,000 sq. ft. to �`7,000 sq. ft. A�1 lots were 75 f�, wide at the setback area.� The d�velapers were in the process of filing_peti�ions with the City for the construc�idn ef a new street called Riverwood Drive and io install sewer and water. Mr. Robinson stated 71st Wa.y and 712 Wav will remain as.is, except for the existing cul de sac �n 712 Way whicka will be r�tnoved and:reworked with a new cul de sac built further east. Mr. Robinson stated t�ere were twd properties that were the most directly affected by this prel�iminary plat. One property was labeled "exception" at 7136 East River Road. Presently this property has drtvewav access off East Rtver Road. Gd�t�Eh tFie plat ini�i�lly, there was no provision for access onto �he neHC road. TFie C1''�y was requesting that an outlot be platted to give �bi� property a 25 ft, parcel for access to tfie proposed road. In addition to that, tfie ouvner of t�is propertq is requesting �anitary sewer be provided �rom �ie new sewer line to fits pr�perty as he was presently utilizing the s,anitary sewer sy�stem. TFie City would.�also have to have a dralnage easement v��,i,ch- v�oul d 6e part of tFie �utl ot. Mr. Ro6i nson stated these thi ngs have been discussed with the petitioner, and he is agreeable to these things. Mr. Robi.nson stated the ather lot was 105 71;�Way. That partiEUlar lot has �1 access o�f tfie e�clstt^ng cul de sac. G[hPn the new road goes in, the cul de sac portion of 712 Way will be remo'ved and sodded and that lot will have access off the new rflad. That lot was.quite large at 28,000 sq. ft. I�t would be possible to split the lot to create two lots. The deve•1oper has ta1.ked to both property owners; and other than the agreerrent that sanitary sewer be provided ta 7136 East River Road, nei��her of the property owners wanted to 6e part, of tbi:s plat. Mr. Robinson stated the City was recommending the following stipulations: 1. Provide a 15 ft, utf�ity easement bver Outlot A to be granted to excepti0n area. (7136 East River Road) 2. Provi.de a street and bikeway/walkway easement over the easterly �� 25 feet of the plat. 3. Worfc �ifth Engineering to develop a storm drainage plan. Mr. Charles Cook stated he wanted to point out that the School D�strict has had extensive public hearings and studies done on the disposition of this site. After extensive appraisal work and public hearings, etc., they have determined it was to the best interest of tfie community to return the site back to res�idential us�e. Mr. Don Weeding, 7153 Riverview Terrace, stated he served on the School Board committee that loo[ced at the school's disposition of this property. The Committee did recommend to tFie School Board that the property be returned to residential use. After looking at various proposals and publ�c hearings, the �, School Board approved the property for single family. He stated he was very pleased to see it go this way. He felt very comfortable with what the developer has proposed and he was in favor of the plat. . ... ...... ....... .............. ...... ...... ... ... ... _ .. n ' PLAN�IIWG' CONpd1�SSI61� `I�I���II�G; 'ttlOV�E�IB�R'6; '19�5 . . . . . . . . . . . . . . . PAGE 8 Ms. Schnabel stated she would like to commend the developer and city staff and all the people in tfie neig�6orhood who have.worked on this together. � P��lot of time and effort Fias gone into tFiis and, hopefu]ly, it has created a good feeling among tfie neigh6orfiood. Mr. Kondric[c stated there is going to be a problem on 71st with the traffic, but there really wasn't much that can be done about it. He was in favor o� this development. MO'��'ION BY MR. KONDRICK� 5ECOAiDED BY MR. SABA, TO CLOSE �'HE PUBLIC HEARING. U�ON A VO.�CE VOTE, �1LL VD-2^�1VG AYE� CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC BEAR�TN� CLOSED AZ� 8:47 P.�. MO�'►70N BY MR. KONDRICK, SECONDED BY MR. MI1VZ'ON� TO .RECOMMEIl1,D TO Cl2'Y COUNCIL APPROVAL OF PREZIMINARY PT�A2', p.�. #85-06� RITT,�RWODD PARK� $Y CNARLES S. COOK� BE.FIVG A REp,1',AT OF ALL OF ,LUT5 27 � 28 � 29 AND 30 � REVISED AUDITOR � S SUBDIVISI0IV NO. i7� EXCEPT BLOCKS 1 AND 2 pLATTED AS RIVERWOOD MANOR� AND EXEPT THAT PART OF SAID LOT 28 LYING EASTERLY OF THE FOL.�OWING DE5CRIBED Ll'NE: BEGINNING AT A POINT O1V THE SOUTH L.�tV'E OF SAID LOT 28 DISTANT 315.64 FEE2' WEST OF THE �Ub�'HE.z1S2 CORNER TFIEREDF (5AID SOUTHEAST CDRNER BEING IN TAE CENTERLINE OF ��' RIVER ROADj. 'Z'FIENCE NOR2'H AT RIGH7' ANGL�'S FROM 5AID 50UTH L.ZN,E' TO ITS �1VTERSECTION WITH 2'HE NOR2'H .LINE OF SAID LOT 2 8 AND Z'8E'R� TE,RMINA�'ING � WITH ''� T� k'OLLOWING S1'IPU.L'A270NS: m 1. PROVIDE A I5 F2". UTILITY EASEMENT OVER OUZ'LOT A TO BE GRANTED TO EXCEPTION A,REA. Z. PROV.IDE A S2'REEl' AND BIKEWAY/WALKWAY EASEME111T OVER THE EASTERLY 25 FEET O�' THE` Pr,A2', 3. WORK G�TITS ENGINEERING 2'O DEVELOP A 5TO.RM DRAINAGE PLAN. UPO1V A VOICE VOTE� ALL V02'ING �IYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item wou]d go to City Council on Dec. 2. 3.� REIIIEW�OF'SPECIAL�USE'PERNIIT;'SP'#�8=13;�BV'I�INNESOTA'PETitOL'EUM: 1Nr, Robinson stat�d this particular business was located �ast of University, and north of 53rd, just north of the Amoco Station. A little history on this �at^ticylar business: Tfiis business received a special use permit on Dec. 18, 1978, from t�e City Counci], to operate a fuel pump refurbishing business. TG.e zoning was C-2, general business, and the special use permit was for a business consis�ent with that zoning. Recently there was a fire at the business and Bob Aldrich, Fridley Fire Chief, noted there was hazardous waste stored above ground in 55 ga], drums, primarily polyester resins which he cla�sified as f�aving relativel,� severe fi:re hazard classification. Mr. Robinson stated Staff was asfced to look in�o thi� situation, did so, and n res�onded to �Ir. Steve Hanson, owner of the 6usiness, on Aug. 19. 1985 (letter th agenda�. In the letter, Staff stated they felt Mr. Hanson had expanded his 6usiness to something that was beyond commercial and was industrial in nature, ,-1 � /"1 . ...... ...... .. ... .. ... .. . .. .. .. . PCANNifJG � COI�IISSI0�1 `N1�ETt{�G; `I�OI�ENIBER'6; � 1985. . . . . . . . . . PAGE 9 s pe�cifically� tFie 6usi�ness was expanded from a pump refurbishing to a business +�%� w.as cal l ed Armor Shiel d Tank-.Lini r�g. That busi ness i ncl uded refurbi shi ng underground tanks f'or gas statibns, etc. As part of the process, water which �as polluted ra�'�t�i gasol�'he was 6rought 6ack to the site. Some of the other storage activities on tfie site included tanks which really did not fit into commercia7 zoning. They asked the owner to cease this "industrial use". Also, they reiterated the City's position that the property should be brought up to code as was promised �ri�th tFie special use permit in 197$ but was never done. Mr,Robinson stated tfiat develop a pl.an to 6ring cooperative. since that time, Staff has worked with Mr. Hanson to the property up to code. Mr. Hanson has been Mr. Rohinson stated Staff was recommending the following stipulations: 1. Replace fence, as�per p�an, by�Nov. 29, 1985 2. Install new fence, as per plan, for additional storage area on the � soutfiwest Corner of 6uifiding 6y Nov. 29, 1985. 3. Install-.new fence to epclose dumpster area, as per plan, by Nov. 2�, 1g�5. 4: Install landscaping, �s per plan, by Nov. 29, 1985. 5, Sta11� or paint 6uil.ding 6y Nov. 29, 1985. 6. Remove Armor S�fie1d..Tank Lining sign and replace Minnesota Petroleum S 7. 8. 9. 10. erv��e s-t'yn 6y Nov. 29, 1985. Rearrange storage yard and p]ace all material, including the equipment on the property to tfie north, within fenced area by Feb. 28, 1986. Remo�e trailer from storage yard by Feb. 28, 1986. Replace b]acktopping witfiin storage yard by June 1, 1986. Supp]y to the City a performance bond in the amount of $2,000 upon City Cou�ncil �pproval. Mr. Kondrick stated this has been a very bad situation. He would hope the Ctt� w�uld ta�e everq�precaution to make sure these stipulations are adhered to, and tFiat tFiis type of poor operation does not happen �gain. Mr, Oquist stated the City was only requiring a$2,000 performance bond while the City required a$5,000 performance bond for the first petitioner. This seemed kind of inconslstent. Mr. Hanson stated that because of the nature of their work which is serving service stations and installing this kind of equipment, they became a trans- �orter of �azardous waste materials, specifically pe�lyester resins and water �.�n a gasolin� tanfc w�ich tFien 6ecomes hazardous waste. In �rder to comply �l�`i t�.e law, they Fiave to Fiandle those wastes and have to file documentation �itfi tFiee EPA to make sure the hazardous waste is disposed of in a safe manner. Tdn.f� lining gets into m�re tFian just petroleum tan[cs; it gets into water tanks, �treet sweeper tan�s, fire engine tan[cs, etc. Tank lining is a very strong viable environ�ntal issue of 1980 and will continue to be. He stated their company, both Minnesota Petroleum -and Armor Tank LinRng, are going to try to help people meet the state and federal requirements. � PLANNING'CO��ISSION'MEETING;'NOV�MBER'6;'1985'� � � � PAGE 10 Mr. Hanson stated they �ad not realized that the hazardous waste material �fuc� they can only fiave on site for ten days was a definite code violation in the C�ty. He s�ated the tank lining operation has been moved to another �it'te as they were in need of another facility even before the time of the fire. �r. Han�on stated that as far as the stipulations listed, they feel they can compl�r witFi t�e stipu�ations. Regarding the $2,000 performance bond, possibly ��e only tF��,'rg t6.at wi11 not 6e done 6y the end nf November was the removal of the trailer and tfiey C�ped to Fiave tE�at done 6y the end of January. J�r. Hanson stated that regarding stipulation #6, they would like to retain the sign t[iat says "Armor Shield i'ank Lining" sign_because this was tbe office for both companies, it is whe�e their mai7 is delivered and where people call them. T�-e,� are ar�;l l ing to r�move the MZnnesota Petroleum Service sign. Ms. Schna6el suggested tfie possi6ility of having a sign per code that had 6ot�i company names on it. Mr. Hanson stated t�at was a good possi6ility. Mr. Oquist recommended stipulation #6 be reworded to state that both Minnesota Petroleum Service and Armor S[iield Tank Llning signs be removed and that one st�jc�-�e erected tfiat would accommodate 6oth 6usinesses. He had no problem with n d�il�gl e combir�ation sign that met ci ty code. Mr. Hanson stated they have tried to keep any major code violations down, but outside the fence �r�a was a shambles. He stated that was their fault, and t�ey pianned to get things l�oking better. Ms. Schna6e7 stated she felt all the Planning Commission members agreed that this business has looked very sha66y for a long time, even before the fire. If Mr. Hanson can show in good faith that they are going to clean it all up, put in landscaping and blacktopping, and it is all done by June 1, 1986, she did not tfiink any of th� Commissioners would have a problem with that. S[�e stated they do want Mr. Hanson�s business in Fridley, but they �ant that fiusiness i'r code compliance. Ms. Schnabel suggested this special use permit be reviewed again by the Planni,ng C�mmission in June 1986. MOZ'ION BY MR. OpUIST, SECONDED BY MR. 5ABA, TO RECOMMEIVD TO CITY COUNCIL APPROVAL OF THE FOLLOWING STIPULATIONS IN ORDER FOR SPECIAL USE PERMIT, . SP #78-13, TO BE ALLOWED TO CONTINUE: 1. REPLACE FENCE, AS PER PLAN, BY 1VOVEMBER 29� I985. 2. INSTALL NEW FENCE, AS PER PLAN� FOR ADDITSONAL STORAGE AREA ON THE 50UTHWE5T CORNER OF BUILDING BY PIOV. 29, 1985. 3. IN5TALL 111EW FENCE TO ENCLDSE DUMPSTER AREA� AS PER PLAN� BY NOV. 29, Z985. � 4. INSTALL JIANDSCAPING, A5 PER PLA1V� BY NOV. 29, Z985. 5, STAI111 OR PAINT BUILDING AND FENCING BY NOV. 29, 1985. �. RE`MOVE ARMOR SHIELD 2'ANK LINING 5IGN AND MINNESOTA PETROLEUM .SERUZGE ,�rGN AND REPLACE WIZ'H A SINGLE�COMBIIVATION SIGN TO ACCOMMODATE H04'FI BUS?NE�SES CaKICH MEE2',� CITY CODE. TO BE �CCOM�LT5XED BY NOV. 30, 1985. �C011t. � r—� PLANNIfJG COP�'�ISSIOfJ P��EETING, NOVEMBER 6, 19�35 PAGE 11 7. REARR�INGE S2'ORAGE YARD AND PLACE ALL. MATERIAL INC,LUDSIUG THE EgUPMEIIbT UN THE PROPEk7'Y TO THE NORTH WITHIN FEIVCED AREA BY - FE`B'. 2B, . l9'8�. 8•; REMOTIE TRAILER F'ROM STORAGE YARD BY FEB . 2 8, Z 98fr . q. REPLACE ELACK2'OPPING WITHIN STO.RAGE YARD BY JUNE 1� 1986. 10. SUPpZY TO THE CI'l'Y A PERFO�tMANCE BOND IN THE AMOUIVT OF $2 �000 UPON CITY COUNCIL APPROVAL. 11. ALL EQUIPMENT AND M.�ITERIALS UNIQUE TO THE ARMOR SAIELD TANK LINIIVG BUSINES�•BE REMOVED FROM THE SITE AND CONTINUE TO BE REMOVED 1�ROM �� ���e 12a BPECIAL USE PERMIT TO BE REVIEWED BY THE PLANNING COMMISSION IN JUNE 1986. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED Z'HE MOTION CARRIED UN�JNIMOUSLY. P�s. Scfina6el stated t� rec�ue.st ��1d go to Eit��CQ�e�cti on [�[ob. T8q 4.. RE�UEST���(9NF`P(1�F���A�.. ''. ,.....,..�_`..:,���� ,-:;:,:��;���� �������� � Mr. Ro6i nson stated i t�ias 6een proposed t�iat t�ie drive-.i�h Rropert��c 6e t'hcl uded as a redevelopment dl'3trt�t, actually Tax Increment District �6, l+lhat was � �eing requested o� t�ie Planning Cor�ml''ssion was t�at tFie� consider wFiether this ��o�ased deve1o�ment �'or tF�ie dr�re�in propertrr v�aas consistent e�ith the Ci�.v`s Cor�prehensive P1an. Mr. Ro[�inson stated the Commission mem6ers had received a r�emo along with some sections of the Comprehensive Plan; also some illustrations and a ureliminary site plan of the development. P�r. Sid Inman, representing tF�ie Holmes & Graven Lar� Fr�in, stated_6daodridge Proper�ies gained legal right to deve�op the 100 Twin Drive-In property some months ago. They hired Holtrr�s & Graven to help them with the development of the si�ce. At that time, they �vere contacted bv a number of po�ential land 6uyers for budget motels, discount retail stores, low grade manufacturing--low density �ype of developments. Woodridge came to the Citv to present their proposals and were informed by City Staff that the City had a different idea ior the drive-in propertv. The Citv suggested a number of objectives to lAloodridge Properties: (1] that the project be done in a master plan fashion; �2) that it be a camnus approach in that it have a high amenity package-- running track, landscaping, possible fountains, monuments, etc., the kind of thing found in a high densit�� type of office development; �3� that ft have impeccable quality in tFie architecture and development, thact it fiave distinquished architecture, and tfiat it be a$40-60 millfon project. f7r. Inman stated 6^Joodridge Properties agreed with these ideas. He stated that in the northern area, there are a number of scattered buildings which have high architecture witfi various levels of amenit�es, 6ut notfiing of the magnitude �''1 of this �roposed development for tFie drive-in property. He stated the first thing that became clear to 6^loodridge Properties was they would have to actually create a market in the north area for this tcind o� development. One thing they n PLANNIfJG COh"M1iSSl`01�`N���1`�RtG; `�F���`�; �T��...�- • �... .�. � � .. PAGE 12 discovered was tFiat witFi this kind o� develo�ment with the intensity of the amenity package, it could add from $3.50-6.00/sq. ft. on top of the already $8-10/sq. ft., and if they needed structured parking, it could add another $2.50/sq. ft., bringing the cost close to $16-20/sq. fL. In order to develon the market and deal with �17/sq. ft. cost, it was o6vious there would have to be some front-end inducement from the City. Mr. Inr�an stated that at tfiat time, tfle Cfty indicated �f9C �ras going to 6e aart of the devel o�ment, and Gioodrt'�lge Pro�ertt'�s coope�^ated p1�F� the. City�; however, fairly recently Ft�C decided to not 6e part of tF�ie develoPment., As soon as that happened, aoodridge Pro�ertfes 6egan to try to 6ring back the old concept to see if tFiere was enough time to get it done. Mr. ?nr�an stated one thing that was important for the Commission to understand was what was going on in ��lashington. Two weeks ago, the Legislat-ive staff of the Congress drafted legislation which specifically said that if a cit�� sells a bond to aid a developer and more than 10% of tfie proceeds of that bond go to the developer, it bec�mes what i�s called a Eonsumer ioan Cwnd and, the�^e�ore, does not have tax exempt status and, tfierefore, tFiere is no advantage to the City selling a 6ond. So, there was an interest to have t�iis done fiy Dec. 31, and that was whv thev were stepping t�irough the process relatively fast. He stated tFiey Fiave 6een worKing w1�t�i tFie City�s underwriters, Mil l er � Schroeder, the Cii:y's bond counsel, ORConnor � Hannan, and Citv Staff. �, P�Ir. Innan stated �tf�ey made a presentation at a joint Council/HRA meeting on Tuesday, Oct. 29. They asfced t�ie City Council and HRA that if the tests are met after pu6lic hearings are held, rrrould t�e City� Council and HRA politically support tfie redevel opment di�tr-t'�t? TF�ie general concensus o� fiotf� th.e HRA and Ci�y Council was, �res, they vuoald. Mr. Inman stated they told tfie City Council and HRA tFiat they needed a substantial inducenent from the City, up to $9 million, to help Woodridge Properties develop the market. It avas the concensus of tfie HRA and the City Gouncil that, assuming the underwriters and attornev can guarantee the Cit�r is secure and the interests of the Cit�r were held to be all right, they would support thai.. Mr. Inman introduced f1r. GJe1r " w[w explained tFie project to tFie Commtssioners. Mr. Oquist stated his biggest concern would be traffic. T6ie prop�rty was essentially landlocked, and how were they going to move the traffic without some,of that traffic going through residential areas? He felt there were going to some real problems with traffic. Mlr. Weir stated about a year ago, the Citv of Fridley had a trafffc study done by a consultant for tFiis area. He stated Woodridge Properties has aiso retained separate traffic consultants to ensure t`e validity of that re�ort. One of the issues related to traffic that was ver�r slgnificant was the bridge further to the north. That will be a major factor in handling traffic. n �►"• Weir stated that one other access point, a secondary ingress and egress point, is off 7th St. to 572 Ave., tying over to University Ave. It f�as heen tfleir direction that thfs r�t'� 1 Ge requt'red as a means o� extt lt.g �rom tfie site.. PLANNI�JG COMP�ISSIOfd IN���FING, NO1�EP�IBER 6, 1985 PAGE 13 In what form that will become functional other than for fire, safetv issues, etc., he did not know at this tlme. He thought it was a less apparent route for people to use and pro6ably would be used only by people who are working tFiere as opposed to outsiders coming to visit someone in one of the office buildings. `�Jr. Wei r stated t�iey are al so very concerned a6out tF�e traffic and wil l be studying ft carefully. Ms.Schnabel stated that within t6e last 1�2 years, an �nternal traffic pattern proposal for this area was 6rought before the Planning Commission. P�IemGers of the residential area were at the meeting, and the Planning Commi�ssion heard conments and suggestions. She would recommend the developer review those minutes of the discussfon witfi the neighbors to get a feel for how the neighbors felt at that time. Ms. Schnabel stated tFiis was a very handsome development and would certainlv be a wonderful addition to Fridley and tFie northern su6urbs, 6ut the neighbors have to be s'atisfied with the development. As a Commission, they have alwa,ys been verv consistent in 6eing considerate of the neigFibors and the taxpayers. And, traffic has always 6een the num6er one issue on that corner. Mr. Rof�inson stated tF�ie reason tFit'� �vas 6efinq 6rc����it 6.e�ore t�ie P1 annln� ^ Cornmisston was for t�e Pl�nning Corrunissibn to compare t6e deye1o�ment to the Comprhensive Plan and Fiope�Pall,� ft'hd �fie dede1opment cons�stent w-itFi tFie Plan. He stated tFiere wii 1 6e pufil t'� hearings r�ft�i tFie HRA and a pufil ic hearing for the zoning issues at wFif`c�i time tfie neigh6ors will be notified. � M�TION 6y Mr. Kondrick, seconded by Ms.Gabel, that the Planning Commi.ssion a'�i"�s r'eviewed and found tFie esta61is6ment o� Redevelo�ment District, Tax Increment District No. 6, to 6e consistent wit�i the City`s Comprehensive Plan. Unon a votce vote, al l vott'ng aye, CFiair�toman SchnaC�el decl a�^ed the m�t�on carried unanimously. 5. RECEIPT OF CO(�1MISSIOPJ h�INUTES: MOTION bv P9r. Minton, seconded by P1r. Kondrick, to receive the following o�ssion minutes: Sept. 5, 19�5, HRA minutes Sept. 30, 1985, HRA minutes Oct. 3, 1985, Human Resources Corr�nission minutes Oct. 7, 1985, Parks & Recreation Commission minutes Oct. 8, 1985, Communitv Development Commission minutes Oct. 10, 1935, HRA minutes Oct. 15, 19�5, Environmental Rualitv Commission minutes Oct. 15, 1985, Appeals Commission minutes Oct. 29, 1985, Appeals Commission minutes /"�1 � PLANNIfdG CQP"��t�SS�6f��P'����1`(�G; `NOVF��B�R ��; `19��. ,.. � PA�E � 14 Ms. Schnabel stated that regarding the Oct. 7, 1985, Parks & Recreation Cornmission minutes, she would li[ce to make a comment regarding page 4, item 2, subparagraph (aj under New Business: "Locke Parfc Entrance and Improvement". SFie stated sfie had a real pro6lem with the City providing $10,000 out of park funds to help the County put in cur6s and gutters for the entrance and parking facilities Zn Locke Park. She stated the Parks & Recreation Commfss`ion fiad made a motion requesting the City Council consider this request from Ano�a County. SFie stated the City does not give $10,000 to anyone else wFw cannot meet the Cit�'�s zonii�g code. G[F�y� should t�ie City 6ai1 out t�ie Coanty? Mr. Kondrick stated Fie agreed ��tEi i�ls, Sc�hna6�1. He stated .6e had not 6E.en at this meeting wFien this was discussed and the motton m�de, He �elt this mo�cion shoulci not be voted on 6y the Planning Commfssion. He would like to take thfs item back to the next Parks & Recreation Commissi�on meeting and rediscuss this item. He would report bac[c at a future Planning Commission meeting. Upon a voice vote, all eoting aye, Cf�iY�woman ScFina6el declared the motion carried unanimously. 6. OTHER BUSIPJESS: a. Proposal for Southwest Corner of Do�tntown Area �1r. Robinson sta�ed i6ere t'� � developer i�l�'terested �h ��ie. so�a�hi�_est corner o� t�e downto�rn area for tFie de�el opment of a 12-�story apartment complea� of 240 apartment unt�'ts, �rfit�i 9,000 sq, flt, commerciaT on the firs� floor. P�ase 2 would 6e ��O,ODO sq. ft. of commercial and office, and Ph�se 3 would be-about a 100-unit elderly building. Phase 4 would be ar� additional 60,000 sq. ft. of commercial.° He siated that right now they are discussing the--housi-ng program related to the apartment complex. On Novem6er 18, there will be a public hear�ng at the City Co�i�c.�� to-appro.ve the housing progra�t;:The developer has talked to the HRA and City Council and they have tentative�fy supported the project. Of major concern are the �extisti_n.g 6usiness people, and traffi.c is also a major concern. b. Wine Licensing P1r. Robinson stated a code change has been proposed for Chapter 603, Intoxicating Liquor. This chanqe would accommodate smaller restaurants.. which desirE a wine license. The co��e sets a minimu� of 7� seats while the state law requires a min9mum seating capacity of 25 seats, The proposed code change is from fi5 seats to 50 seats. - _ MOTION bv Mr. Kondrick, seconded by Mr. Wellan, to anprove the recommended co e c an4e to Chapter 603, Intoxicating Liquor, from 75 seat minimum to a�0 �e�t minimum for restaurants receiving a wine license. �� U�on a vo�ce vote, all voting a�e, Chair�►om,an ScFina6el declared the motion carried unanimously. ,::11 PLANNItJG COMP�1ISSION ME�TING, 'I�OVEPi�ER '6; 19�5 � PA�E 15 c. Resignation of Planning Commission Chairwoman Ms. Schnabel stated she has been appointed to tfze HFtA replacing HRA member, Carolyn Svendsen. S�ie stated tFiat 6ecause of tfie appointment, she must resign as cFi�irwoman o� t�ie �lanning Commi�s-�'�n. S� stated that 6e�Pore slie can offl'�ia11y r�sign, tFie Cit� Crnancil must appoint a new chairaerson to tF�ie Planning Commt'�sibne The Planning Commission mem�ers all �pressed regret to heap t6�t h1s. Schnabel would be leaving tF�i.e Corrmisst'bn. S[ie v�as an excellent cFiairwoman and they would really miss her. ADJOURNMENT: f�lOTION by P9r. Wl lan, seconded �y� �lr. Konciricf�., to ad�otit^n � me.�tthg. Upon voi e ote, all voti''n� ay�e, Chat'l�toman ScFina6-el declared the �lov. 6, 1985, Planning Commission meett^ng adjourned at 10:45 P,M, Respectfully submttted, � �� �. ., � � � ynn a a Recording Secretary ,^� �"'1 % , ,�����'�7 � . . �� / ��.� � ,� ,� � G�e � Z� � �� � 1�r� ��° v� �0�� ��.� . ���� ' ,,, so /� E .> � ������ � � �� �-d- ��e�.� 7/� �-, ��. �;� , �v�'d �r��s� .�, �,�r' ��, � � � �� � � t� _5 J�o .3�� �s,f�,���, � �� . �-���y� �� %/S� l'� e"o/ e � ai °�� %�� � t o � �'� . `A� � � j�A16 I.N d �� l. � `I ��r� ���oFi�E�r/��� -7 f � � -0 ` � `�� ��a "`� � ��2� � /,�° � ^��, � � d1 9 � . t ' � ''.� `, � �� r � 4��. ,. . �o��f`Z Z3VC�1'C?�/ , � ���� 11 �`� � � � _� � �- C'r,�` �� .���2 � % �J�� �1 ,� l !�/ii�� - � � � � � � � � � � � 110 �� . �,a_r-�,�,� �S'�i7� 1 A-'J� �-i l � F'� � �. �oc���Z, C��SiA�J ✓��� �/%�% ��:E%�Z �-�L �4ti�C� ����" � �%�,�� �'��/ c��� ���� � ��� � ��� � , r� ,—, , , .� �� �' := �.2.-7�- �;72�-�i'. �i% / , , ,, , i � . . ����� �, / ���" � �� ` d�'��. ������ ���� i�������� � / ��� � 021 12 � ' %l> s ��ll/ �lU�i���1'r,�' s��s3 �l'�' � v� e ��v L,���c-s l �.� .� %����� � 1��� ;� � t � 9' 4s o 3 � �.�-,� � � - � � � n �. � / � �� � � � � a�2�re--��--- %� 1 C� �go 3 rJ sr� �£, ��,c�2�y , 7/6 5 �/�� i���. � � � � � `��7b � � :�%� � o00 ��� � ���. �o �o �� ���o- ��h� � , ,�, � � � � 1' 1 P