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PL 05/17/1989 - 7096PLANNING COMHISSION MEETING WEDNESDAY, HAY 17, 1989 7:30 P.K. Barbara Dacy Planning Coordinator City of Fridley A G E N D A PLANNING COMMISSION MEETING WEDNESDAY, MAY 17, 1989 7:30 P.M. LOCATION: COMMUNIT CALL TO ORDER �� : ��:.��— ROLL CALL• Y EDUCATIONf CENTER, 6085 - 7TH STREET N.E. r;--�`" n � . _. 1 �';;�.��s�i!,,^�-� i APPROVE PLANNING COMMISSION MINUTES: May 3, 1989 PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT, P.S. #89-01 SULLIVAN' S OVERLOOK : . . . . . . . . . . . . . . . . . . . . . . I - 1G Being a replat of that part of Lot 8, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying southeasterly of the following described line: Commencing at the Northeast corner of said Lot 8; thence westerly along the North line, 255 feet; thence southwesterly 62 degrees 14 minutes 40 seconds, deflecting to the left, to the South line of said Lot 8 and there terminating. Together with that part of Lot 9, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying northerly of the following described line: Commencing at the Northeast corner of said Lot 9; thence south along the East line of said Lot 9, a distance of 49.4 feet to the actual point of beginning; thence deflect to the right in a northwesterly direction, along a line to its point of intersection with the North line of said Lot 9, said point being 335.8 feet west of the Northeast corner of said Lot 9 and there terminating, generally located at 1161 Regis Lane N.E. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #89-07 , BY PAUL J. HENGEL : . . . . . . . . . . . . . . . . . . . . . . . 2 - 2G Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow a second accessory building on Lot 7, Block 4, Bonny Addition, the same being 5932 -6th Street N.E. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP �89-08 , BY KEZTH' S AUTO BODY : . . . . . . . . . . . . . . . . . . . . . 3 - 3R Per Section 205.17.O1.C.(9) of the Fridley City Code, to allow a repair garage on that part of the East 46 acres of the West 1/2 of the Northwest 1/4 of Section 12, T-30, R-24, Anoka County, Minnesota, described as follows: Commencing at a point on the West line of said East 46 acre tract distant 623.5 feet South of the Northwest corner of said East 46 acre tract; thence South along the West line of said East 46 acre Planning Commission Agenda May 17, 1989 Page 2 tract 161.63 feet; thence East parallel with the North line of said East 46 acre tract 538.98 feet, more or less, more or less, to the Westerly right-of-way line Planning Commission of State Highway No. 65; thence Northerly along said Westerly right-of-way line 161.63 feet, more or less, to the intersection of a line drawn from the point of beginning and parallel with the North line of said East 46 acre tract; thence West parallel with the said North line 538.73 feet, more or less, to the point of beginning, the same being 7570 Highway 65 N.E. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #89-09 BY PHILLIPS 66 COMPANY : . . . . . . . . . . . . . . . . . Per Section 205.18.O1.C.(3) of the Fridley City Code, to allow commercial retail, with a motor fuel station/car wash, on Tract A, Registered Land Survey #78, the same being 7295 University Avenue N.E. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MAY 1, 1989 . . . . . . . . . . . . . . . . . . . . . . . . 4 - 4Q GREEN (At lritg. ) RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING - S�ON OF MAY 4. 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . RECEIVE THE MINUTES OF THB APPEALS COMMISSION MEETING OF MAY 9. 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OTHER BUSINESS• ADJOURNMENT• YELLO{,1 (at xtg.) CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 3, 1989 ----------------------------------------------------------------- CALL TO ORDER: Vice-Chairperson Kondrick called the May 3, 1989, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Kondrick, Dean Saba, Sue Sherek, Alex Barna, Paul Dahlberg Members Absent: Don Betzold Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Amin Kadir, 1401 Gardena Ave. N.E. Pat Dowd, Target Tom Whisenhunt, Target Raquel Rudquist, 2322 Seabury Ave. S., Mpls. Charles Wood, 23675 Xanadu Ave., Jordan Jerome Farrell, 2908 Jersey Ave. N., Crystal (See attached list) APPROVAL OF APRIL 19 1989 PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Ms. Sherek, to approve the April 19, 1989, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #8�-06, BY ISLAMIC CENTER OF MINNESOTA: Per Section 205.07.O1.C(4) of the Fridley City Code to operate a daycare center for 35 children in Rooms 102, 104, and 106 of the Islamic Center, on Lots 1, 2, 3, 4, 5, 6, and 17 and 33, Meloland Gardens, the same being 1401 Gardena Avenue N.E. MOTION by Mr. Barna, seconded by Mr. Dahlberg, to open the public hearing on SP #89-06. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE PUBLIC HEARING OPEN AT 7:34 P.M. Ms. Dacy stated she is pleased to announce that Michele McPherson has been hired as the new Planning Assistant. She stated Michele PLANNING COMMISSION MEETING. MAY 3, 1989 PAGE 2 has been employed by the City for about 1 and 1/2 years as the Landscape Intern, and they are very happy to have her employed in her new position. She stated Ms. McPherson would be presenting the staff report on this item. Ms. McPherson stated the special use permit is for a daycare center at the Islamic Center of Minnesota (formerly Faith Academy) located at 1401 Gardena Avenue. She stated the property is zoned R-1, Single Family District. A daycare is allowed in an R-1 district with a special use permit. Ms. McPherson stated the building must meet code for F-3 occupancy which will require the installation of fire alarms in each room and in the hallway adjacent to the daycare rooms. There must be an exterior exit from each of the rooms and to the outside from one of the rooms for fire escape purposes. Ms. McPherson stated the State Daycare Regulations require an outside enclosed play area. The hours of operation will be from 7:00 a.m. to 6:00 p.m. Monday through Friday. Ms. McPherson stated staff is concerned about a conflict with traffic from Totino Grace during the school year. There should not be as much conflict during the summer months when Totino Grade is not in session. Staff is proposing the Islamic Center expand their current parking area to allow a turn-around situation to allow parents to drive in, drop off their children, and exit easily. This would prevent drop-off conflicts on Gardena Avenue. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of SP #89-06 by the Islamic Center of Minnesota to allow the operation of a daycare for no more than 35 children at the Islamic Center, Monday through Friday, 7:00 a.m. to 6:00 p.m. with the following stipulations: 1. All drop-off and pick-up of children shall occur on the premises. 2. The daycare hours of operation shall be Monday through Friday, 7:00 a.m. to 6:00 p.m. 3. The building shall meet the requirements of the State Daycare Regulations, the Building Code, and the Uniform Fire Code, including the following: a. An enclosed outdoor play area adjacent to the facility b. outside exits from the daycare rooms c. fire alarms in each daycare room and in the hallway outside the daycare rooms pLANNING COMMISSION MEETING MAY 3 1989 PAGE 3 4. The Islamic Center shall modify the parking lot as illustrated on the modified site plan. 5. The petitioners shall complete stipulations #1, #2, #5, and #7 from SP #88-17. Ms. McPherson stated stipulation #5 refers to stipulations 1, 2, 5, and 7 from SP #8$-17 which required parking lot improvements, a dumpster screen, combination of all the individual lots into one tax parcel, and maintenance of the weeds. Mr. Amin Kadir, Director of the Islamic Center at 1401 Gardena Avenue, stated this would be a non-religious daycare center which will service the Islamic community as well as the Fridley community. He stated they have been working with the Building Inspector, Darrel Clark, and the Fire Chief, Bob Aldrich, and they will meet all the City's requirements. Mr. Kadir stated that regarding the parking lot, with 35 children arriving over a period of two hours in the morning, that is about one child arriving every 4-5 minutes. He stated right now the parking lot is not being used to its capacity during the day Monday through Friday, especially in the morning. They would like to reach a compromise where they can designate some parking for the sole purpose of dropping off children. The expansion of the parking lot is more of a financial obligation than they are able to meet right now. Ms. Pam Porchniak, 7305 Van Buren Street N.E., stated she takes her child to a daycare center, and all the parents arrive at once. Even though the daycare center has a large parking lot, it is always full. The Islamic Center might want to take this into consideration, as they might have some very angry parents if there is not enough room in the parking lot. MOTION by Ms. Sherek, seconded by Mr. Barna, to close the public hearing. OPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE PUBLIC HEARING CLOSED AT 7:45 P.M. Ms. Sherek stated she agreed with Ms. Porchniak. She would be opposed to anything that will limit the traffic flow for turn- around purposes. What they might find is some parents, rather than fight the traffic into the parking area, will pull in, drop of their children, and then back out onto Gardena Avenue during the busy traffic times. Mr. Dahlberg stated parents might also park on Gardena to drop off their children, and that situation should definitely be avoided. PLANNING COMMISSION MEETING, MAY 3, 1989 PAGE 4 Mr. Dahlberg stated that with the diagonal parking arrangement, the Center will lose some parking spaces. Mr. Kadir had indicated the lot is not used at its capacity during the week. However, on the weekends when they have their activities at the Center, the� might have to rely on Totino Grace's lot more. Is that going to cause any difficult for the Center? Mr. Kadir stated the daycare operation is Monday through Friday, and most of the activities for the Islamic Center are on the weekends. The parking spaces will only be reduced by 2-3 spaces, and he did not think that would be a great change. Mr. Saba stated he agreed Ms. Sherek, and they should keep stipulation #4 about the parking. MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP #89-06, by the Islamic Center of Minnesota per Section 205.07.O1.C(4) of the Fridley City Code to operate a daycare center for 35 children in Rooms 102, 104, and 106 of the Islamic Center, on Lots 1, 2, 3, 4, 5, 6, and 17 and 33, Meloland Gardens, the same being 1401 Gardena Avenue N.E., with the following stipulations: l. All drop-off and pick-up of children shall occur on the premises. 2. The daycare hours of operation shall be Monday through Friday, 7:00 a.m. to 6:00 p.m. 3. The building shall meet the requirements of the State Daycare Regulations, the Building Code, and the Uniform Fire Code, including the following: a. An enclosed outdoor play area adjacent to the facility b. outside exits from the daycare rooms c. fire alarms in each daycare room and in the hallway outside the daycare rooms 4. The Islamic Center shall modify the parking lot as illustrated on the modified site plan. 5. The petitioners shall complete stipulations #1, #2, #5, and #7 from SP #88-17 as follows: a. (#1) A masonry dumpster enclosure with wooden gates shall be installed by August 1, 1989. b. (#2) The property owner shall combine individual lots into one tax parcel, as requested by the City pLANNING COMMISSION MEETING MAY 3 1989 PAGE 5 Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor shall be exempted). c. (#5) All existing hardsurface areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989. d. (#7) The property owner shall take care of the weed problem by August 1, 1989. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated this item will go to City Council on May 15. 2. PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT, P.S. �87-05 TARGET NORTHERN DISTRIBUTION CENTER ADDITION, BY TARGET STORES INC.: To create two lots by replatting Outlot 1, Block 1, Fridley Industrial Park Plat 1, Anoka County, Minnesota, together with the North Half of the Southeast Quarter of Section 11, Township 30, Range 24, Anoka County, Minnesota, excepting the west 675 feet thereof, including that portion of Able Street vacated or to be vacated included in said North Half of the Southeast Quarter, generally located at 1090 - 73rd Avenue N.E. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:55 P.M. Ms. Dacy stated the property is located west of Highway 65, north of Locke Park, and south of 73rd Avenue. The property is zoned M- 2, Heavy Industrial. Ms. Dacy stated the petitioner is requesting to plat its 76-acre property into two parcels. The eastern lot will contain the existing Target facility, and the western lot will contain the proposed warehouse expansion. Ms. Dacy stated that in 1984 when Target was contemplating this building expansion, they applied for a vacation to vacate Able Street. In order to vacate the right-of-way, Council conditioned their approval upon Target entering into a street relocation agreement to relocate Able Street to provide access to Locke Park and construct a building. At that time, the current access to Locke Park was not constructed. In the lapse of time between 1984 and the present, the County constructed the current entrance. PLANNING COMMISSION MEETING. MAY 3, 1989 PAGE 6 There is now no longer a need for a street entrance into Locke Park; however, the City still wants to maintain a bikeway/walkway access into the park. Ms..Dacy stated in 1987, the petitioner completed an Environmental Assessment Worksheet (EAW) process with the City. The City Council approved the EAW in August 1987. Through that EAW process, it was noted that the wetland area located approximately in the center of the property was subject to the jurisdiction of the Army Corps of Engineers. The petitioner subsequently found out they had to revise their site plan and receive an Army Corps of Engineers' permit. The result of their work with the Army Corps is to actually move the parking area out of the wetland area to preserve it and recreate a wetland area in the area where the original building expansion was to be located. The revised site plan, in conformance with the Army Corps, relocates the parking area further to the west and on the western side of the building. Ms. Dacy stated the item being acted on at this meeting is for a preliminary plat to divide the total acreage into two lots with the new lot line being moved 33 feet to the east from the easterly right-of-way line of Able Street. So, the current building exists on Lot 1 and the proposed building will extend into Lot 2. The proposed site plan locates the proposed building less than ten feet from the existing building. City ordinance requires a 20 foot side yard between the lot line and the building. However, the ordinance also states that no side yard is required if a common wall is provided between the two buildings which meet the requirements of the building code. If the buildings are separated, the building code requires 120 feet of separation. This issue should be resolved prior to final plat consideration by the City Council, and the site plan and plat amended accordingly. Ms. Dacy stated the petitioner is requesting to relocate the bikeway/walkway access along the west lot line and meander it through the two detention ponds on the northwest corner of the site, connecting it to the proposed bikeway/walkway along the south side of 73rd Avenue. Ms. Dacy stated that regarding the grading and drainage issues, the proposed building is 82,075 sq. ft. which is larger than the 1987 proposal. However, the overall impervious surface for building a parking area has only increased by 1.7$. The entire runoff from the site will be directed into two detention ponds in the northwest corner of the site. The wetland area will remain as is and a wetland area will be recreated in the center of the site. Ms. Dacy stated the petitioner conducted a neighborhood meeting, and some traffic concerns were raised by the neighbors. The City has plans for the improvement of 73rd Avenue in 1991 from two lanes to four lanes. The improvement plan shows an expansion of the pLANNING COMMISSION MEETING MAY 3 1989 PAGE 7 pavement to the south side (Target side) by 10 feet. There will be no alteration of the existing frontage road or the existing north side of 73rd Avenue. The City can complete the pavement expansion and curbing within the current right-of-way; however, the proposed bikeway/walkway will have to be constructed in an easement which staff is recommending be reserved on the Target property. That will necessitate the removal of some brush and smaller trees along 73rd Avenue; however, there a 200 ft. setback will still be maintained from the right-of-way to the edge of the proposed parking area. Trees will be removed to recreate the wetland in the center of the site; however, a 100 ft. setback will be maintained from the new recreated wetland to the south right-of-way line. The buffer of existing trees will remain. Ms. Dacy stated the neighbors were concerned about the new entrance onto 73rd Avenue opposite Jackson Street. The petitioner has indicated this entrance will be used only as an emergency entrance if the current access from the Highway 65 service road is picketed or if there is a strike. Staff is recommending as a stipulation that this entrance be used only in an emergency situation. This new entrance is opposite the Jackson Avenue intersection on the north side, and the neighbors were concerned about the direct view looking south from Jackson. The petitioner has indicated to staff that they are revising the landscaping plan to provide a planting screen to block the view into the property and they will replace trees that are lost due to the construction of the entrance. Ms. Dacy stated employees and truck traffic will increase as a result of the proposed expansion. There will be 530 employees entering and leaving the site. Truck traffic is expected to increase from 160-180 trucks per day to an estimated 220 trucks per day using the Highway 65 entrance. The increase in traffic from the employee access should not adversely affect the traveling capacity of 73rd Avenue. Ms. Dacy stated three building expansions are proposed. The major one totals approx. 570,000 sq. ft., another expansion onto that to the west of 86,000 sq. ft., and a 91,000 sq. ft. expansion on the northeast corner. The petitioner has provided adequate parking spaces to meet the code requirements for warehouse and office purposes. Ms. Dacy stated staff is recommending approval of the preliminary plat, PS #87-05, with the following stipulations: 1. The lot line shall be located between the two parcels, such that either the required setback is maintained between the lot line and building, or the proposea expansion is connected to the existing building by common wall. The petitioner shall revise the site plan PLANNING COMMISSION MEETING MAY 3 1989 PAGE 8 2. 3. and preliminary plat prior to final plat consideration by the City Council. The petitioner shall receive approval from the Army Corps of Engineers and the Rice Creek Watershed District prior to grading the site. The petitioner shall submit a landscape plan prior to building permit issuance. 4. The petitioner easement along connect to the construction p: the City. 5. � shall convey a 15 foot bikeway/walkway 73rd Avenue and along the alignment to 73rd Avenue easement. A bikeway/walkway an shall also be submitted for review by Truck/trailer access shall be limited to the entrance on the Central Avenue Service Road, except in strike or emergency situations, where the entrance west of Able Street may be used temporarily. A special use permit application must be filed for exterior storage on the property. Mr. Barna recommended that the word "strike" be deleted in stipulation #5. Mr. Pat Dowd, Target Project Manager for Construction, introduced Tom Whisenhunt, Director of the Project for Distribution who represents the Distribution Center people; Raquel Rudquist, the Project Architect; Naeem Qureshi, Civil Engineer; and Chuck Woods, the Landscape Architect. Mr. Dowd stated Target has been a member of Fridley for 20+ years. Originally, Fridley was the Target headquarters for the entire country. In Fridley, Target employs the most people than any of the other cities around the country where they have stores or companies, with the possible exception of Los Angeles. Currently, the existing distribution services a five-state area in Western Wisconsin, Iowa, Minnesota, North and South Dakota. Expansion of the center has been contemplated since the early 1980's, but to date, it was put off due to constructing facilities in other states. They are really now operating out of five warehousing situations in the Midwest--Plymouth, Mendota Heights, Bloomington, DesMoines, and Fridley. They are now in the position where they have to get into another warehouse base yet this year in order to continue to operate. In order to service the stores in this five state area, they need to consolidate under one roof, and that is the reason for the replat petition. pLANNING COMMISSION MEETING MAY 3 1989 PAGE 9 Mr. Dowd stated they had brought along some boards and drawings which might explain some of the traffic issues, the scope of the project, etc. Ms.�Rudquist showed the landscaping plan. She stated there was some concern from the neighbors about screening the view of the parking area from Jackson Street, and they have located some landscaping in that area to reflect that concern. Mr. Barna stated he is concerned about the appearance of the south side of the building. A 35 ft. block wall is not very pretty to those viewing it from the park side. Mr. Woods stated they will have plantings along that area and will do what they can to soften that side of the building. They will be using a combination of shrubs, flowering materials, and some vines. Mr. Barna stated he would like to see some definite plans to break up the visual impact of that large building. Mr. Whisenhunt stated they will have to maintain a fire lane down the south side of the building. There are also some tall unsightly power poles taller than the building, and access must be maintained to those. So, while tall plantings might sound attractive, he did not know how they would work in with the above factors. Mr. Dahlberg asked why the plat was being requested, why the division into two plats? His reason for asking was that if the buildings are connected, then it is still a part of the primary building on the site, so, technically, there might not be the need to plat it into two parcels. Mr. Whisenhunt stated he thought the issue was that when they drew the building and drew the expansion, they drew out a concept showing the two buildings standing off because they did not know the footings. That 10 feet might have mislead the engineers into thinking that they physically wanted to separate the building. He believed Mr. Dahlberg is correct in that one large plat is really what they want. Mr. Dahlberg stated the combining of the two parcels with the vacation of the street and the property that is gained by the vacation into one large piece of property seems to make the most sense. Ms. Rudquist stated this would certainly be preferable to them. Ms. Dacy agreed. She stated the combination might be the way to go; however up until this point, she did not think staff had PLANNING COMMZSSION MEETING MAY 3 1989 PAGE 10 received a clear indication as to whether or not the buildings were going to be attached. Mr. Dahlberg stated this should be resolved prior to the City Council meeting. Ms. Dacy stated the Planning Commission can approve the replat as one or two lots. There would be no changes in the stipulations, except stipulation #1. Ms. Sherek stated she has a concern about the truck egress from the Target plant. She stated she lives across Highway 65 and she almost gets run over every morning about 7:00 a.m. by trucks on 73rd Avenue. She is curious to know if Target representatives have any way of controlling the truck traffic to use Highway 65 to Highway 10 or I-694 to 35-W instead of 73rd Avenue to 35-W. While 73rd Avenue is rated for that type of truck, when 73rd Avenue enters Moundsview, it becomes more of a residential street. The truck traffic is causing problems for the neighborhood and it is not appropriate. Mr. Whisenhunt stated Target certainly has a good relationship with their carriers, and he would be glad to address this concern with the managements. Mr. Keith Bellefeuille, 7310 Jackson Street N.E., stated his concern is not only for the view from Jackson Street, but also for the safety. He has lived here 10 years and has seen a lot of accidents on 73rd Avenue. He would propose moving the entrance to the parking lot as far west as possible. Mr. Bellefeuille stated he would like to know what "emergency" means and when they might expect that entrance to be used by trucks, how often, and what control the City or anyone else has over that. Mr. Bellefeuille stated he would like to see the south side of the building made of glass walls as opposed to block walls. Glass walls seem to take on the color and light of its surroundings and would make the building more "park-like". Mr. Whisenhunt stated the entrance on 73rd and Jackson which was shown as proposed secondary truck entrance was changed after the neighborhood meeting. They are now saying they will maintain the existing secondary access close to Central Avenue, but the only traffic going in and out of the entrance at 73rd & Jackson is vehicular traffic to service the small building, and that entrance will be heavily landscaped. pLANNING COMMISSION MEETING MAY 3 1989 PAGE 11 Mr. Dowd stated the entire truck circulation and trailer parking area is a secured area, fenced in its entirety, and enters and exits at one location with a guard at Highway 65. Mr. Qureshi stated they are essentially extending the wetland area. The Army Corps of Engineers wants them to compensate for the wetland area lost for construction. There will be no change in drainage in this area. They are creating another wetland or pond so that all the water that comes off the parking lot and building will go into the pond, then spill over into the existing pond, then an outlet from the existing pond will go into the storm sewer on 73rd Avenue. The amount of runoff that is going to be allowed to leave the site has to be maintained at its present condition. Any excess water that will occur because of added paved area will have to be stored in this pond, and that is the primary reason for adding a pond. They are not changing the pattern or amount of runoff from what is leaving the site now. Ms. Rudquist stated that regarding Mr. Bellefeuille's suggestion of a glass wall on the south side, they could make a presentation of their ideas for the design of the south wall at the Council meeting. Ms. Pam Porchniak, 7305 Van Buren Street N.E., stated the questions regarding whether the entrance across from Jackson Street would be used during a strike and what constitutes an emergency had not been answered. Mr. Whisenhunt stated any entrance is a"strikable" entrance; however, he could not imagine anyone wasting time on the 73rd/Jackson entrance. The primary entrance is off Highway 65. He would suggest stipulation #5 be deleted in its entirety. Once they decided to keep their secondary entrance as it exists, then this entrance became very minor. Ms. Porchniak asked how the fencing would be landscaped. Mr. Woods stated they intend to have lower scale plantings along 73rd Avenue to help screen the fencing, and they will have some ivy plantings on the fence to soften the view. Mr. Bob Lange, 189 Logan Parkway, stated he is also concerned about the drainage. Mr. Qureshi again stated that this development will not change the amount of water leaving the site any more than it is now in its undeveloped state. Mr. Dick Pearson, 7231 Jackson Street N.E., stated he is concerned that the plantings along 73rd Avenue are sufficient to screen the parking lot. PLANNING COMMISSION MEETING MAY 3 1989 ' PAGE 12 Mr. Pearson stated traffic is already heavy on 73rd Avenue. Adding one lane each way will make it more difficult to enter 73rd Avenue from Melody Manor, particularly at Jackson Street. Ms. Dacy stated at this time there are no plans for a stop sign at that intersection; however, they do have to meet certain standards to make sure the street is designed in a safe manner. Ms. Porchniak suggested Target consider staggered starting times for Target employees. It might help alleviate some of the traffic problems. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICK DECLARED THE PUBLIC iiEARING CLOSED AT 9:15 P.M. Mr. Saba stated the plan looked like a well thought out plan, and the expansion is definitely needed. Target has certainly tried to address all the concerns of the neighborhood. Mr. Dahlberg commended Target for their responsiveness to the community and the neighbors. It is appreciated when a petitioner has done their homework and taken the opportunity to find out the neighbors' needs and concerns. His only recommendation is that the plat be resolved before the Council meeting. Mr. Barna suggested the first sentence in stipulation #1 be deleted and that stipulation #1 read as follows: "The petitioner shall revised the site plan and preliminary plat prior to final plat consideration by the City Council." The Commissioners concurred with this suggestion. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of Preliminary Plat, P.S. #87-05, by Target Northern Distribution Center Addition, by Target Stores, Inc., 1. The petitioner shall revise the site plan and preliminary plat prior to final plat consideration by the City Council. 2. The petitioner shall of Engineers and the to grading the site. receive approval from the Army Corps Rice Creek Watershed District prior 3. The petitioner shall submit a landscape plan prior to building permit issuance. �?LANNING COMMISSION MEETING MAY 3 1989 PAGE 13 4. The petitioner shall convey a 15 foot bikeway/walkway easement along 73rd Avenue and along the new west lot line alignment to connect to the 73rd Avenue easement. A bikeway/walkway construction plan shall also be submitted for review by the City. 5. Primary truck/trailer access shall be limited to the entrance on the Central Avenue Service Road with the secondary access at existing Able Street. 6. A special use permit application must be filed for exterior storage on the property. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated the public hearing for the final plat will be set by the City Council at their May 5 meeting for June 5, 1989. Chairperson Kondrick called a 10 minute recess at 9:20 p.m. 3. PUBLIC HEARING CONSIDERATION OF A REZONING ZOA #89-01, BY JEROME FARRELL: To rezo�e the properties described as Lots 1, 2, 28, and 29, Block 2,, Commerce Park, from C-1, Local Business, to C-2, General Business, the same being 250 Osborne Road N.E. MOTION by Mr. Dahlberg, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE PUBLIC HEARING OPEN AT 9:25 P.M. Ms. Dacy stated this property abuts Osborne Road on the north, Commerce Lane on the west, and the University Avenue Service Road on the east. The property is zoned C-1, Neighborhood Commercial District, and is surrounded by M-1 and M-2 zoning to the south, C- 1 zoning to the southeast, vacant M-2 zoning to the northwest, and C-2 and C-3 to the north. Ms. Dacy stated five variance requests were brought before the Appeals Commission and those were summarized in the staff report. One of the variance requests was to reduce the size of parking stalls from 10 ft. x 20 ft. to 9 ft. x 18 ft. , and the Appeals Commission approved that variance. Ms. Dacy stated that if this proposed plan was not before the Planning Commission and they were just looking at zoning issues, staff would probably recommend that this property, and probably the C-1 property to the south, be rezoned to C-2. Given the way the PLANNING COMMISSION MEETING MAY 3 1989 PAGE 14 immediate area has developed, staff feels C-2 uses and regulations are more appropriate than C-1 in this location. Ms. Dacy stated the Appeals Commission raised some concerns about egress and ingress to the site and whether there would be a traffic problem leaving the site onto the service road and then onto Osborne Road. At peak times, staff agrees that stacking could occur. Looking at the width of the driveways, staff is recommending the driveways be striped to allow a free right hand turn on each of the exits, one lane in and two lanes out onto the service road to help facilitate traffic. The Appeals Commission looked at widening the southern driveway, but that is intended for a drive-through window for a fast food restaurant and the petitioner had some concerns about widening that driveway. Ms. Dacy stated staff is recommending approval of the rezoning request, ZOA #89-01, by Jerome Farrell, with the following stipulations: 1. Approval of the variance requests request for the number of parking spaces to be 335 spaces on-site, with cross parking easements to provide 384 spaces. 2. Compliance with the site plan stipulations as recommended by the Appeals Commission as follows: a. The driveway onto Commerce Lane is shifted to the south 15 feet. b. The landscape plan shall be amended to provide a 36 inch planting strip along Osborne Road and the University Avenue Service Drive and to provide columnar arborvitae instead of columnar buckthorn. c. Underground sprinkling shall be installed in the front and side yard setback areas. d. A storm water management plan must be submitted prior to issuance of building permit and must be approved by the Public works Director. e• A dumpster detail shall be submitted prior to issuance of the building permit. f. The petitioner shall submit a lighting plan prior to building permit issuance to be reviewed and approved by the Public Works Director. g. The rezoning application must be approved by the City Council. pLANNING COMMISSZON MEETING MAY 3 1989 PAGE 15 h. The petitioner shall file a plat application to create a separate parcel for the second free- standing building by July l, 1989. i. The petitioner shall submit an on-site traffice�g� � and pavement marking plan prior to building p issuance. The one way exits shall be clearly marked on the site. j. The site plan shall be revised to include landscape islands on the east end of the three interior parking aisles. Ms. Dacy stated staff is also recommending the Planning Commission consider recommending that the City Council amend the size of parking stalls to 9 ft. x 18 ft. Ms. Sherek asked what provisions are being made for pedestrian safety for people crossing Osborne Road to the shared parking at Marquette Bank and Bob's Produce. Ms. Dacy stated there is no designated crosswalk. She agreed this not the perfect solution. However, with the industrial nature to the south, most of the business is during the day 8:00 a.m. to 5:00 p.m., and the traffic on Osborne Road is not as significant as it obviously is on the service road. Maybe the City can work with the County on getting a crosswalk on Osborne Road. Ms. Dacy stated a cross parking arrangement with Perkins would be perfect; however, the petitioner has stated that a restaurant usually does not want competition as a next door neighbor. Staff had asked the petitioner to look at the Mayflower site, but that site has only 12 spaces and it is to the rear of the proposed theater. She felt they were looking at overflow parking only at peak periods. The majority of the year, that parking might not be needed. But, she agreed with Ms. Sherek that there is a safety aspect here. Mr. Barna stated he would rather decrease the size of the parking stalls and put more stalls into the site than have people crossing Osborne Road. Ms. Sherek stated that whether or not the petitioner has a cross parking easement with Perkins, people are going to first park at Perkins, then on the service road, and then Osborne Road before they are going to park across the road. Unless someone can convince her differently, she feels the petitioner is attempting to overutilize the size. This project just doesn't look like a safe situation. Mr. Kondrick agreed. He stated the parking situation is not good. PLANNING COMMISSION MEETING MAY 3 1989 PAGE 16 Mr. Saba stated a crosswalk across Osborne Road is almost mandatory. Ms..Dacy stated Fridley's parking ratio for retail is quite high at 1 car per 150 sq. ft. of retail. If they used a ratio of 1 car per 200 sq, ft. of retail, the required spaces would be reduced by 20. Mr. Farrell agreed there is a parking issue; however, they have put theaters into retail centers before, and there is quite a bit of shared parking. The theater people have spent six months looking at this site. They are requiring 310 stalls on the whole site, and they know what is being done with the retail on the site. Mr. Farrell stated Fridley's parking requirement for retail is somewhat higher than other communities. They would not have proposed this development on this site if they perceived that much of a parking problem, and they would not be able to get other tenants if it was conceived that there would be a parking problem. This was not really addressing the safety issue, but he did not think the site is underparked at all. Mr. Farrell stated the reason they have not pursued a cross parking easement with Perkins is because most restaurants are willing to provide a cross parking easement with the stipulation that there be no restaurant on the new site. He stated that has decided economic drawbacks for them. Mr. Kondrick asked if the petitioner would consider reducing the number of theater screens to six. Mr. Farrell stated they are going with what the theater people want. The trend is to go with more screens and a smaller seating capacity. Mr. Dahlberg stated he is really concerned about the traffic movement more than any other issue. He is very disappointed to see all the traffie frozn �P�e site going onto the service road. It is virtually impossible whenever there is any traffic at all on the service road to make a left hand turn to go west on Osborne Road or to go north on the service road. He realized that the theater times are staggered, but they are only staggered 10-15 minutes, and traffic does not clear out in that amount of time. Utilization of the site and orientation of the buildings is not appropriate for this site. It did not make any sense to force traffic onto only one street when there is access to three streets. What is wrong with access to Commerce Lane? Mr. Farrell stated there is nothin e ted another nlanetnorth around Lane. The Appeals Commission sugg the drive-through to allow traffic to go out onto Commerce Lane. Mr. .Dahlberg stated that one lane is not going to alleviate the stress on the service road in terms of traffic volume. Ms. Dacy stated that regarding the driveway at Osborne and Commerce Lane, there is a median on Osborne that would prevent traffic from crossing Osborne and going west. That would mean authorization from Anoka County to cut a median. A second alternative would be to have a right turn in/right turn out at Osborne and Commerce Lane. That still would not accommodate the westbound traffic but might relieve some of the eastbound traffic. Mr. Dahlberg stated the development could be laid out differently on the site so the site could be accessed from two streets. He did not see the logic for the plan as it is designed, other than its orientation toward University Avenue. Moving the theater and the commercial to the south would improve the parking layout. Mr. Farrell stated they worked on this proposal for a couple of months . Thi�sf �rie ns ate °riand becauseh t e the t r peoplerwantlthe utilization theater and the parking facing University. Mr. Dahlberg stated he still did not like the current plan. He realized the Planning Commission is not addressing a proposal at this meeting, but a rezoning. However, if they recommend approval of the rezoning, then potentially they are endorsing this proposal because thosedstohthelrezoningPrbutshe isropposedtto thissspecific is not opp proposal. Ms. Dacy stated staff's recommendation is for the Planning Commission to base their approval on the variances as recommended by the Appeals Commission and the site plan stipulations. If the proposal never existed, staff would still recommend the rezoning. In the past, however, the City Council has passed a rezoning based on a particular plan. Mr. Bob Lange, 189 Logan Parkway, reminded the Commission members of the restricted traffic conditions at the Holly Shopping Center at Mississippi and University where all the traffic accesses onto one street. He agreed with Mr. Dahlberg's concerns. An exit on the south side of the property to Commerce Lane would be very useful. Mr. Jim Fuqua stated he is with Conoco, Inc., who owns the Jet Store on the corner of Osborne and University. He stated he expressed concern at the Appeals Commission about the blocking of PLANNING COMMISSION MEETING MAy 3 1989 PAGE 18 their driveway on the service road by the traffic coming out of the proposed development. He stated he is not opposed to the rezoning or the proposed development and is willing to work with the petitioner on the driveway location. MOTTON by Mr. Saba, seconded by Mr. Barna, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE PUBLIC HEARING CLOSED AT 10:10 P.M. Mr. Dahlberg stated, again, it is position that it is not appropriate to take all the traffic out onto one street. He also did not think it is appropriate to approve a development when the development has to rely on cross parking easements on other sites to meet the parking requirements. In this particular case, with cross parking easements with Marquette Bank and Bob's Produce, they also had the potential of creating serious problems for pedestrians and traffic on Osborne Road. Mr. Dahlberg stated he agreed with Ms. Sherek when she commented earlier that this appears to be overutilization of the site. He encouraged the Planning Commission members to vote against the proposal as submitted. A theater is fine and retail is fine, but not in the way it has been presented. Mr. Saba stated he liked the idea of a theater in this location in Fridley. His one objection, too, is dumping all the traffic onto Osborne Road. Sharing some of the traffic load with Commerce Lane would be a better plan. Ms. Sherek stated this proposal is not an appropriate utilization of the site. The traffic situation at the service road and Osborne Road is a bad situation. She did not feel as strongly about a cross parking easement when that parking is adjacent to the site, but when a cross parking easement has to be across a busy County road in order to meet the parking requirements, then she could not possible agree with the proposal. Mr. Barna stated it is not a matter of the utilization of the site; it is a matter of the traffic flow design. Mr. Kondrick stated he also agreed with Ms. Sherek and Mr. Dahlberg. Too much is being proposed for this site. Parking should be on site, and people should not have to go off site for parking. Mr. Saba stated he would feel more comfortable about this proposal if there was a better traffic flow design. PLANNING COMMISSION MEETING MAY 3 1989 PAGE 20 IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. CONSIDERATION OF RECOMMENDATION FOR PLANNING COMMISSION MEMBERSHIP• Mr. Saba suggested they address this item when they receive the Environmental Quality/Energy Commissions minutes later in the meeting. 6. RECEIVE APRIL 3 1989 PARKS & RECREATION COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to receive the April 3, 1989, Parks & Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE APRIL 6 1989 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Saba, to receive the April 6, 1989, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE APRIL 13 1989 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Dahlberg, seconded by Ms. Sherek, to receive the April 13, 1989, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE APRIL 18 1989 JOINT ENVIRONMENTAL QUALITY/ENERGY COMMISSIONS MINUTES: MOTION by Mr. Saba, seconded by Mr. Dahlberg, to receive the April 18, 1989, Joint EQC/Energy Commissions minutes. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Saba stated Lisa Campbell has placed an order for recycling bins. The Lions Club graciously gave the City funding for recycling bins. He stated the Commissions made a motion to proceed with two pilot programs using these bins. MOTION by Mr. Saba, seconded by Ms. Sherek, to concur with the motion made by the EQC/Energy Commission to implement a program as PLANNING COMMISSION MEETING MAY 3 1989 PAGE 21 outlined in Ms. Campbell's memo dated April 12, 1989, with two pilot programs with approximately 108 sets of bins for one area, approx. 100 sets of bins for another area, and approx. 61 sets of bins to be given to residents who have missed pickups. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Dahlberg stated that at the meeting, the Commissions made a motion to combine the Environmental Quality Commission and Energy Commission into one commission. MOTION by Mr. Dahlberg, seconded by Mr. Saba, to concur with the motion made by the Environmental Quality Commission and Energy Commission on April 18, 1989, and to recommend to the City Council that the Environmental Quality Commission and Energy Commissions be combined into one commission with a membership to be retained at 7, the name of which shall be the Environmental Quality and Energy Commission. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Dahlberg, seconded by Mr. Saba, to recommend to the City Council that the ordinance be amended to set the number of Planning Commission members at seven (7), with two (2) "at large" members to be appointed by the City Council. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. RECEIVE APRIL 25 1989 APPEALS COMMISSION MINUTES: MOTION by Mr. Barna, seconded by Ms. Sherek, to receive the April 25, 1989, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT• MOTION by Mr. Barna, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Rondrick declared the May 3, 1989, Planning Commission meetinq adjourned at 10:45 p.m. Res ectfully submitted, Lynn Saba Recording Secretary � -f',�l 2-r�4� '�--�� ' ! f/ � � i �; „ /� � �J . � � ��% . �� ', ^ � . , —J /' '` -% . _�C_ i.�' / !��% � �.J %�,��: � �; i ';�::C'; ✓ / 4 "_ % � � Q ; / / /.1_ %.C- /�*.'� � ^�� G�- �J�� .� �� " �' i.i �� -� ��, � � � _ . `� i �� o�� .1_ �3`� � ��-��_'. ;�� `:, � \ i . J �� .�� -.— 7�T / '' ,��-nti .� / � —/,,.t. �� C7 =G� 7.�.�a ��s� � 7� � � i, ��. ,. �- Jf_'�;! /33� ;'r '��:'l.-,, -1:�, � � � .1' ,� � � / �o ( G�. � c�a f� � /�/ C . ��.r,urul -7/'-�z,�.ix,�.�- ��5 l�G�vt ��c: :,�2 S� �(/E ��- i��'�i�� Z3z� s��-�J �' ,�-" � " �� ., , �� • -'�C� ,; , � � iJJf,ti7 �-�'(�r,C,Q�i� fp ✓,� l�l.� t-�'t Sc�n t� n--� �r�� o w� ., � � � S �/,�-,.� SP�� E r,�, Pd,� ,� � � / f. , - _ r � ��-� � � J��: �w�� f �k,.i�..,a�' /�C7,�' "`�' � � �C.�� . a�.,c-�.�2.� J �� %S✓✓ Q✓C'l0� � �� . �� ! ��/✓ S�`�G L � Sa31 �"� � ��r %Z� �� e�,orn S� �'JJ ►"3�3 �p s� l �- c-�' �01-% �V � lll �'�'� ��2 �� 77s 1� L�Y?-sL �.�. '..� 23(,�'ls X�-n�� .o.;�.,, �-oj�;�,::-��; �-�� I 2 `t / /� �/ ��y 'Tso I �7 a�.�-c�.-t � A (/ e C: 0�= � �-; � �1 v` L��?:� ��ri�.c:�a� /V. E. S�tc�.s�..� s-�_ �t � � � ��.'/ �.� 2 a J�c �- : d N 7�vF �? �� r� � k s�,. S��`��C r-- ;7'.i �� 1 � � ��3o a ��:� � �1 � / .3� 5 a�,�_--- G�� aqo� ��s� �e . � ��s ��v �� S�i� ,�:�� . �j , �p�� 5.�� -} �� ' � STAFF REPORT APPEALS DATE C[�QF PLqNt�NG CONHVqSSION DATE :�ay 17, 1989 FRIDLEY CITY COUNCIL DATE nurr� r�/= REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONWG UTWTIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITF�I ADJACENT USES 8� ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATfON PLANNING COMMISSION RECOMMENDA'TION P.S. 4�89-01 Dan Sullivan To plat a parcel into two lots and construct a single family residence on the second lot. 1161 Regis Lane N.E. 32,150 square feet R-1, Single Family Dwelling R-1, Single Family Dwelling on east and south, vacant lot on west, school on north (North Park School) Park fee of $750.00 required at time of building permit. N/A Yes Yes None Approval with stipulations Staff Report P.S. #89-01, Page 2 REQUEST Dan Sullivan The petitioner, Dan Sullivan, is proposin of Lots 8 and 9 of Auditor's Subdivision 1161 Regis Lane N.E. The petitioner wants his daughter can construct a house on the SITE g to plat and split part No. 25, the same being to split the lot so that second parcel. The parcel is located in an R-1, Single Family Dwelling, district and abuts North Park School. A house and fenced pool area exist on Lot 1 of the proposed plat. Lot 2 of the proposed plat is where the petitioner's daughter is proposing to construct a house. ANALYSIS The proposed plat would accommodate the existing uses and allow for the construction for one additional single family house. Both lots would meet the minimum lot size required by code, as well as the 35 foot front yard setback requirement. There is an oak-filled ravine in the northeast corner of Lot 2. Staff is recommending that no construction or grading occur below the 952 foot contour to minimize any impacts on the ravine. The engineering staff is recommending that the access to Lot 2 be placed as close to the westerly lot line as possible. This is to increase the sight distance to the intersection of Regis Lane and Regis Drive. The vertical curve on Regis Lane makes sighting traffic to the east difficult. RECONIlKENDATION Staff is recommending that the Planning Commission approve #89-01, Sullivan's Overlook, to plat a parcel into two lots, the following stipulations: 1. There shall be no grading below the 952 foot contour on northeast corner of Lot 2. 2. The access to Lot 2 shall be toward the westerly side of lot and shall be hardsurfaced. - ��°� �/�� .� �� P.S. with th th lA � CITY OF FRIDLEY _ d431 UNIVERSITY AVE. N.E. FRIDLEY, MN 66432 ts��)a�i-a4ao REZONING REQUEST ZOA � VACATION REQUEST SAV � PLATTING REQUEST P.S. ��9 0/ � �t�r � s�___ o . � �x � ____— ��r � 3� o / �o �� nac aur�,ss�v �ernac n� 5 `�: ��1 �� w �r� «� �� i �• 1B PROPERTY IHFORMATION �� 1�nr�s /!G / �G � s L�..v� ' �✓• L�• �it , .� C..t =- i+r , w.,r% I�AL �.SQtIPrIO�.J: • �T �K TRACT/ADDITIDN PRESIIVT ZONIl� � i- RH,2UESTED ZONIl�IG �� R ��T: A site Plan shawing the proposed future use is required for all rezoning. ***************************�,�r,�*****�**************�****************************** FEE OWNER INFORMATION �,�,�„�; 3��. 9SZ� N�ME (please ptint) 'DA �1 �. S uL�� vA�V PEONE #/�ero :: S7/- 229'iF ADIItFSS //G sr�r�v� ��tS Lw�v� � �_ PETITIONER INFORMATION � n� � ��89 N� (please print) SA.�� pgq� # A�S . . SIG1�iJRE �� **�t*******,it��t**�*******�r*******,�,�r*�r,k*****�tir�t****,�*****,�t�t******�******** PL�IIJIl� 4?l�'II�IISS7AIJ : 1�PPROVID �g� �� C«4M •�:U, «� STIATI�AT�1S: :• • �� ,a� �a�� i - 1C PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the CONII�lUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. on Wednesday, May 17, 1989 at 7:30 p.m. for the purpose of: Consideration of a Preliminary Plat, P.S. #89- 01, Sullivan's Overlook, being a replat of that part of Lot 8, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying southeasterly of the following described line: Commencing at the Northeast corner of said Lot 8; thence westerly along the North line, 255 feet; thence southwesterly 62 degrees 14 minutes 40 seconds, deflecting to the left, to the South line of said Lot 8 and there terminating. Together with that part of Lot 9, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying northerly of the following described line: Commer�cing at the Northeast corner of said Lot 9; thence south along the East line of said Lat 9, a distance of 49.4 feet to the actual point of beginning; thence deflect to the right in a northwesterly direction, along a line to its point of intersection with the North line of said Lot 9, said point being 335.8 feet west of the Northeast corner of said Lot 9 and there terminating, generally l�ocated at 1161 Regis Lane N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: May 3, 1989 May 10, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. P.S. ��89-01 Dan Sullivan Dan Sullivan 1161 Regis Lane N.E. Fridley, MN 55432 School District 13 1400 - 49th Avenue Columbia Heights, MN 55421 Ok Kim 1291�Hillwind Road N,E. Fridley, MN 55432 Robert Vanusek 1450 McLeod N.E. Minneapolis, MN 55421 David'Thibault 1160 Regis Lane N.E. Fridley, MN 55432 Rita Prsulins 1180 Regis Lane N.E. Fridley, MN 55432 Alvars Stumbris 1200 Regis Lane N.E. Fridley, MN 55432 Gerald Herlofsky 1365 Hillwind Road N.E. Fridley, MN 55432 Donald Stiller 1355 Hillwind Road N.E. Fridley, MN 55432 Joseph Kruse 1343 Hillwind Road N.E. Fridley, MN 55432 Gary Parker 1333 Hillwind Road N.E. Fridley, MN 55432 Richard Rodgers 1301 Hillwind Road N.E. Fridley, MN 55432 Charles Sheridan 1313 Hillwind Road N.E. Fridley, MN 55432 William Vian 1140 Regis Lane N.E. Fridley, MN 55432 Planning 4/24/89 MAILING LIST Council William Doege 1323 Hillwind Road N.E. Fridley, MN 55432 Audubon Park Christian Church 1280 Regis Lane N.E. Fridley, MN 55432 Mark Patnode 1204 Regis Terrace N.E. Fridley, MN 55432 Kevin 0'Rourke 5551 Regis Drive N.E. Fridley, MN 55432 Richard Musenbrock 5541 Regis Drive N.E. Fridley, MN 55432 John Walther 5521 Regis Drive N.E. Fridley, MN 55432 Dorothy Jones 5501 Regis Drive N.E. Fridley, MN 55432 Malcolm Mitchell 1225 Regis Lane N.E. Fridley, MN 55432 Clarence Asche 5520 Regis Trail N.E. Fridley, MN 55432 Grant Christianson 5540 Regis Trail N.E. Fridley, MN 55432 Michael Marx 5550 Regis Trail N.E. Fridley, MN 55432 Frederick Baumgardner 5590 Regis Drive N.E. Fridley, MN 55432 Ronald Nelson 5576 Regis Drive N.E. Fridley, MN 55432 Howard Mosman 5560 Regis Drive N.E. Fridley, MN 55432 Edward Callier 5546 Regis Drive N.E. Fridley, MN 55432 Douglas Berends 5530 Regis Drive N.E. Fridley, MN 55432 George Emerson 5516 Regis Drive N.E. Fridley, MN 55432 James Iacono 1183 Regis Lane N.E. Fridley, MN 55432 Planning Commission Chair City Council Members ID � � ._w �� ,v :,. ;'� � - b � � �,,, n:oq 8 .... '.."' ""... 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S ITE PLA N IG z o STAFF REPORT � APPEALS DATE C��F PLANNtNG CONIIIAlSSION DATE : May 17, 1989 �RlDLEY CITY COUNCIL DATE A�� MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG UTfLR1ES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WRH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP �689-07 Paul Hengel To construct a 30' x 26' third accessory building 5932 - 6th Street N.E. 30' x 26'; 780 square feet N/A R-I, Single Family Dwelling R-I, Single Family Dwelling on a11 sides On site already N/A N/A Yes Yes N/A Approval with stipulations , r- �� 2 � �.�1�� Staff Report '~ � � . 2 Paul Hengel, SP �89-07 r � , Page 2 ��Q ` , REQUEST � ��I�( j(' The petitioner, Paul Hengel, is proposing to c�struct s cond � accessory building on Lot 7, Block 4, Bonny Addition, the same being 5932 - 6th Street N.E. Upon conducting a site visit, staff discovered �hat a metal storage shed already existed on the site, therefore, �his will be a third accessory building. The property is zoned R-1, Single Family Dwelling. The R-1 district requires a epecial use permit for accessory buildings over 240 square feet. SITE The site is located west of Fridley High School in an R-1, Single Family Dwelling district. The lot, at 10,251 square feet, meets the code requirement for minimum lot size. A five foot drainage and utility easement runs parallel to the rear lot line. ANALYSIS The proposed accessory building would be constructed in the southwest corner of the lot. Construction would include the removal of one 14 inch diameter Oak tree and two 30 foot spruce trees. In addition to the proposed 30' x 26' accessory buildinq, and existing storage shed, there is a 13'-6" x 22' private garage on the site. The total square footage of all three accessory buildings would total 1,221, well within the zoning code limit of 1,400 square feet. The total square footage of all buildings on the parcel is below the 25� maximum lot coverage. The petitioner is aware that the building must not encroach into the drainage easement nor the three foot side yard setback. The access to the accessory building should be hardsurfaced and staff is recommending that it be joined to the neiqhbor's driveway to the south. This will eliminate the need to maintain a green area in the small space between the two drivewa�s. The zoning code limits the height of the building to 14 feet and staff is recommending that it be architecturally compatible with the existing house. RECONIl�iENDATION Staff is recommending that the Planning Commission recommend approval of the request, SP #89-07 by Paul Hengel, to construct a third accessory building with the following stipulations: 1. The access to the accessory building shall be hardsurfaced +�ad.r �oin e neig or s r .„ acce �k,� � ,r ,�.�..sa , b - 1, �'t9�8�g ; � �`t� � , (�� 2. The accessory building shall e architecturally compatible with the existing house. � i_G, � ��-�` . , - �,� �� 1.Zi6 - ��: ; = _ �;` �� : ° ' `.° _ �iSE �ERMIT �P # 8`�'� � �.�.� '. �:- � �_ '.�.$ � ..k :.a sY a �r _ i ;� ��-fritiYi '�iYY � �VI.J VY � �iii �� + �v" �• � � t� - � ,` Y.,.,�b ,:-. �� .: � - _ " 4 < . I . r � ,� ..- .. _ . _ ., . . , -.. . -• . � . �� f ��.: "i p �' ° ,.— W `v .n... - �� .. - _ - J .;" �, �� - �� n �s��/.� :. . '�, _ ' •� >_ __ � �`Y\ii�7 �� f- �� . � a _ <.�, ,� }- t � ; , „��-, �.� � _ r . ,�- � _ t r �. ; �,.c � r� �+ � ��'' i -� x ' �� rv;. � . ?�- "`'�� ' :>�t .fe.. ; .r ``��- � �' � - . -� .- i ; ; � . 9. _ .. _� y . ,� � .' - _ - . . 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J� �� _� � . �T:�„` a�>-: '�F- � Ir° � � _' :=.. � S'.-�.� , _ _ 2C PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the COI�liJNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. on Wednesday, May 17, 1989 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #89- 07, by Paul J. Hengel, per Section 205.07.01.C.(1) of the Fridley City Code, to allow a second accessory building on Lot 7, Block 4, Bonny Addition, the same being 5932 - 6th Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: May 3, 1989 May 10, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP 4�89-07 Paul Hengel Paul Hengel 5932 - 6th Street N.E. Fridley, MN 55432 Agnes Heath 5956 - 6th Street N.E. Fridley, MN 55432 Gerald Drangeid 5948 - 6th Street N.E. Fridley, MN 55432 Douglas Holm 5940 - 6th Street N.E. Fridley, NIN 55432 Rodney Vick�rman 5924 - 6th Street N.E. Fridley, MN 55432 Daniel Ashlin 5925 - Sth Street N.E. Fridley, MN 55432 Peter Krochalk 5933 - 5th Street N.E. Fridley, MN 55432 William Perkins 5941 - 5th Street N.E. Fridley, MN 55432 Wallace Youngquist 5949 - Sth Street N.E. Fridley, MN 55432 Vernon Nygaard 5957 - 5th Street N.E. Fridley, MN 55432 Raymond Johnson 5948 � 7th Street N.E. Fridley, MN 55432 flarry Larson 5940 - 7th Street N.E. Fridley, MN 55432 Roland Hardel 5932 - 7th Street N.E. Fridley, MN 55432 Planning MAILING LIST Council Jerry Higgins 5924 - 7th Street N.E. Fridley, MN 55432 Victor Arnoldy 5925 - 6th Street N.E. Fridley, MN 55432 Theodore Stodolka 5933 - 6th Street N.E. Fridley, MN 55432 Peter Rocque 5941 - 6th Street N.E. Fridley, MN 55432 Darrell Erickson 5949 - 6th Street N.E. Fridley, MN 55432 Thomas Carter 5957 - 6th Street N.E. Fridley, MN 55432 Richard Johnson 5940 - 5th Street N.E. Fr'idley, MN 554.32 _ Lawrence Peka 5932 - 5th Street N.E. Fridley, MN 55432 Frank Sharpe 5924 - 5th Street N.E. Fridley, MN 55432 Douglas Haugland 5916 - 7th Street N.E. Fridley, MN 55432 Fred Presher 5909 - 6th Street N.E. Fridley, MN 55432 Elmei Pless 5917 - 6th Street N.E. Fridley, MN 55432 John Gritti 5916 - 6th Street N.E. Eridley, MN 55432 4/24/89 Allen Lexcen 5908 - 6th Street N.E. Fridley, MN 55432 Alvin Roesler 5900 - 6th Street N.E. Fridley, MN 55432 Robert Radoush 5901 - 5th Street N.E. Fridley, NIN 55432 Randall Nielsen 5909 - 5th Street N.E. Fridley, MN 55432 Ernest Walters 5917 - 5th Street N.E. Fridley, MN 55432 City Council Members Planning Commission Chair ai � : •I s ' �■� e �•:'4''' � eI��F • �t,3��rsr I N. ;tJ.g.56 TSo��;r.g�s• CCMnnuN:TY EO�CAT17N s�is��+GT `'' � � tY ,�, y H,�M S�HCOC. SP �89-07 Paul Hengel . � .. .� t . �� LAKE� - f E ;� ,,,,� ' ' ' � C�,� i .`'�, /' , � i � O M �� , � � a+ �� .., _a � . � . �' �_� � .�, , .,� + � 1 i � • '. • _ e :av4 ^:•�.�J �, S9T.� A� o "; `� ; � _y LIY ', I . -''. , Q, ` " � i � � ��.: � � a� - W ' ' ' � ` � � --� �� j ` �flELO r - �'� , N ,: � i� �v , � � `. !_. �'�� q ��!�.,�� W MQRI�OtO TEFRAGE b S��; . \ ' ,t .1 +�,,Z;,s� ' J � ° � r s � � .t�.d .1 ,p�. o � � —�� f / TH AV Z � • ' � : •' ` � . � : + 9 'k ,e..� IeIT 1t�I3� " i � 1� � z ,� �f � � ti �� '0 � �8 f1. F AV J t j. d • 4: N r � 1 � 9 � � 3 ! � ! } , t � l � , ; � � V f 2 r �j N � `�� /� � :i' Il ` '- N' " � I p . w ,r ^ , �` . ` Z H L N PLACE W 1z ,�.s z ��c r � c i++ r � v� o�, �, � �, 1' � r ��n ; ? � y 1G 9 - �P � , 1s Io tJ Il � ls i! �B � 7 �'� i•� I t '� ° � =� 1 L �f �•I J .. _ i _^ --"-�.a�{v y��qr- • t.1! �7 ' `' � ��#� �� ' e�aar� . , �� ,�I ,.�+.� �x� ' ;:•�•�►`. �;% :` E%� :�.�.��., .-.-.-.-.-.-. �, ' �� 0 :....... ,. , r . '�•�•�'�•�'�•�❖:'� � � I : � �i�i�i�i ' � - - -�-�-�-�-�-• �!(:�_�'I�:PI -'��r �� v r . ��1�� i ♦��♦��♦ , L" � �I I . �,ti"1, ��►��w �� { • � • , �1 ( • Q • 69� V„ 49 = H/LL I AODP ZONING MAP � � I . J �J ev 2f "lB 27 PF t 25 PO w .,z2a' a� �� PO � nr ' { �e � - ;�,c, - .s n r z� ze ' z� J P! .i �ds P4 • ! Z `r •a ,s F � :s , N.E. •� . +79 O = °' � ►� • Rf �'Is r z.�� r� ^ • �_ r o'G 9• !F, 9� -- i�F: E.: �� = n ' �L 1 �.d SP 4�89-07 Paul Hengel � N �/2 SEC. z3, T. 30, R. 24 C/TY OF FR/OL EY ��7 � �I N/HCONNEA I � f =� � �'�T° jL-..!1'r� :-.rSi., iE� , . �t '` � _'i."el I_�T�J/1�� . . -. -�� TM AVENUE E � � N. E. r----�-- • _.. . ,. , � : . � � � i i i 'I _--S7`�-�i+-r�E-f"_�. . r;1"_,'.:I—_II"_ � v � 24 23 � � A ✓ :� 6 a S8T � �9 �5 >�� NELE� 13 LOCATION MAP � SP ��89-07 Paul Hengel 2G i S ITE PLA N � 3 � STAFF REPORT APPEALS DATE � C��QF PLAN�UNG COMMISSION DATE : May 17, 1989 F��.� CITY COUNCIL DATE A�� BD/dn RE�UEST PERAAIT NUMBER APPLICANT PRO�OSED REQUEST LOC�ITION �ITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES � ZONING �S PARFC DEDICATION ANALYSIS FINAOVCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITF�# ADJACENT USES 8� ZONWG ENVIIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SP �89-08 Keith's Auto Body and ?570 Incorporated To allow a repair garage 7570 Highway 65 N.E. 1,20 acres N/A M-1, Light Industrial North, M-1, (Lampert Lumber; South, R-4 (mobile home park) East, C-2, commercial; West, vacant industrial. The site is not serviced by sanitary sewer. N/A No.r�e . Yes Yes The site is serviced by a septic system. Approval with stipulations. Staff Report SP #89-08, Keith's Auto Body Page 2 REQUEST ��j`►# ,. � � /� ► '� The M-1 district requires a special use permit for a repair garage. The petitioner is currently operating a repair garage in the building at the rear of the site. The current tenant, Keith Poppenhagen, was unaware of the special use permit requirement when moving into the building since previous repair establishments have operated from the building. Staff has permitted the continuation of the petitioner's operation until the conclusion of the special use permit process. BACKGROUND The two existing buildings on the subject parcel were built in the late 1960's. The property has been zoned industrial since 1963. The City's building permit file indicates that a repair garage was located in the second building at the rear of the site in 1983. Since that time, three other auto body and repair operations have occupied the building. The City has attempted on several occasions to require a special use permit for repair activities as required by the M-1 district as well as to work with the property owner to make the necessary improvements to the property as required by the City Code. The property has changed ownership several times within the last six year period and has complicated the City's enforcement effort. The ownership issue a o ears to pose a i�. this application. (� � �✓ The current owner, 7570 Inc rporated, stated they purchased e property in December 1986; however, because of several mortgage interests on the property, the title has not been cleared as to who is the fee owner of the property. One of the mortgages was authorized by Midwest Federal, and because of their default, the property owrier has to work with the bank's trustee. The petitioner has indicated that it may take several months to resolve the issue. The property owner is claiming that he is unable to make the commitment to improve the property as required at this time, but woulci consent to a timetable of compliance. The property owner has also indicated that they would prefer to prioritize the building improvements prior to making the necessary site improvements. ANALYSIS The petitioner has indicated that he employs approximately 3 persons. Destroyed or junk vehicles are received on the site and stored at the south end of the building. The vehicles are then stripped and used on other cars for repair or are refurbished. Also at the south end of the building are piles of junk and debris not related to the petitioner's activity, but to the other 3A 3B Staff Report SP #89-08, Reith's Auto Body Page 3 establishments on the site. The storage of materials in this location as well as at the south end of the other building on the site, constitutes a code violation. The City has been unsuccessful in securing compliance with the various property owners and tenants. The area between the two buildings is not paved nor is the site lined with concrete curb. The bituminous surface in front of the first building extends to the service road pavement. Further complicating the site is that the sewage from the two buildings is being handled by a septic system. In 1984, Anoka County determined that the septic system was failing. At that time, it appears that the tank was pumped and the area cleaned as much as possible. Connection to City sewer was investigated with City staff but because of the cost of the improvement coupled with the change of owners, connection to the sewer was not consummated. There are three alternatives to connect into the sanitary sewer system: 1. Sewer exists to the south within the mobile home park; however, these sewer lines are private and permission must be granted by the mobile home park. Further, the proposed length of extension from the mobile home park to the two existing building may be too long for a simple service connection. A larger line and manholes may be necessary. 2. A connection across the Lampert Lumber property to the north is the second alternative. An eight inch line and manhole is located between Lampert Lumber and the Amoco property. An easement would need to be obtained from Lampert Lumber and their pavement would have to be reconstructed and replaced. 3. The third alternative is to extend the eight inch line from the manhole between Lampert Lumber and the Amoco station to • the Highway 65 service road, then south along the service road to the front of the subject property. The estimated cost for this alternative is $27,000. Approximately $10,000 of this work would be to replace the bituminous mat of the service road. In the interim, the septic tank should be removed and replaced by a holding tank which should be pumped on a regular basis. There is no effluent surfacing in the small drainfield area located in front of the building. Apparently in 1984 the system failed such that the drainfield area was not treating the effluent properly. Although there are a small number of employees in the two buildings and these two areas are not used regularly by the traveling public, the septic system must be replaced. A holding tank can be � Staff Report SP #$9-08, Keith's Auto Body Page 4 installed and pumped on a regular basis until the sewer connection can be made. A copy of the pumping contract should be submitted to the City to ensure that it is being pumped on a regular basis. SUNII�IARY It is imperative that the property be brought into compliance with the City Code. Staff has prepared a modified site plan to illustrate the needed site improvements. The City Attorney has also advised that the property owner put into writing the details regarding the title of the property so that it can be researched by the City and verified for City Council review. RECONIl�IENDATION The subject property, with or without the special use permit for the repair garage, needs to be improved to meet code requirements. Typically, staff would not recommend approval for a special use permit with the number of outstanding code compliance issues. The current tenant, the petitioner Keith Poppenhagen, appeared to be unaware of the problems with the property. He was also unaware of the special use permit requirement because of previous occupancies by other auto repair businesses. Staff has developed a list of stipulations with a timetable for compliance. Staff also recommends that the special use permit be reviewed on an annual basis in order to gauge progress on the stipulations. If progress is not being made, the City can revoke the special use permit and initiate court proceedings to gain compliance. Staff recommends the Planning Commission recommend approval of the special use permit, SP #89-08, to allow a repair garage at 7570 Highway 65 N.E. with the following stipulations: 1. All parking areas shall be paved and lined with six inch poured concrete curb by August 1, 1990. A five foot setback ��(�` on the north and south property lines shall also be created in compliance with the setback requirements. 2. A 20 foot planting island shall be created along the front property line in compliance with the parking setback ��e�( requirement by August 1, 1990. The island shall be curbed and planted as proposed in the proposed landscape plan included in the packet. 3. All piles of debris, car parts, pallets and other materials shall be removed from the south side of buildings and either stored within the building, removed off the site or contained within a six foot opaque fenced area at the southwest corner of the site. All noxious weeds shall be removed and the lawn Staff Report SP #89-08, Keith's Auto Body Page 5 4. . area maintained in a neat fashion. All semi truck trailers which are inoperable or used for storage shall be removed from the site. This work shall be completed by�'gt.'�bt�"' 1, 1989 . The build' shall be improved to meet the Uniform Building Code requi ents by�� ` , � . � b-� � �° �-�� (, � /� The property shall be serviced ith sanitary sewer by Jan�fary 1, 1991. In the interim, the property owner shall remove the septic system and install a holding tank by January 1, 1990. The tank shall be pumped on a regular basis and a copy of the pumping contract shall be submitted to the City. 6. A letter of improvemenets landscaping construction. credit in the amount of the outside site including poured concrete curbing and shall be submitted prior to initiaticn of 7. A letter of credit connection to the construction. in the amount of the construction cost for sanitary sewer shall be submitted prior to . The special use permit shall be reviewed by City staff annual basis. 9. There shall be no sales of automobiles on the property. ,� 1 k� �f � � ;� • �I i . 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',,,`` `__._ .� .: . >- . a� r �x . �� ' "'�"l;� ,�� +- — �� ..,:�.�...., - .:> : - ��,. -._.., .,._.,.. ._ .. :t 2 �* � �� 5 ,:_ .. 1.� �... y .: . 3F PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the CONIl�2IJNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. on Wednesday, May 17, 1989 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #89- 08, by Keith's Auto Body, per Section 205.17.O1.C.(9) of the Fridley City Code, to allow a repair garage on that part of the East 46 acres of the West 1/2 of the Northwest 1/4 of Section 12, T-30, R-24, Anoka County, Minnesota, described as follows: Commencing at a point on the West line of said East 46 acre tract distant 623.5 feet South of the Northwest corner of said East 46 acre tract; thence South along the West line of said East 46 acre tract 161.63 feet; thence East parallel with the North line of said East 46 acre tract 538.98 feet, more or less, more or less, to the Westerly right-of-way line of State Highway No. 65; thence Northerly along said Westerly right- of-way line 161.63 feet, more or less, to the intersection of a line drawn from the point of beginning and parallel with the North line of said East 46 acre tract; thence West parallel with the said North line 538.73 feet, more or less, to the point of beginning, the same being 7570 Highway 65 N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: May 3, 1989 May 10, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP 4/89-08 Keith's Auto Body Keith's Auto Body 7570 Highway 65 N.E. Fridley, MN 55432 7570, Inc. 7570 Highway 65 N.E. Fridley, MN 55432 Lampert Lumber Co. 7600 Highway 65 N.E. Fridley, MN 55432 Lampert Lumber Co. 36 South Snelling Avenue St. Paul, MN 55105 Park Metropolitan Fund 7570 Highway 65 N.E. Fridley, MN 55432 Brand-Broadway Ventures 16255 Ventura Boulevard Encino, CA 91436 Top Tool Company 7615 Baker Street N.E. Fridley, MN 55432 Wydell Habig 7645 Baker Street N.E. Fridley, MN 55432 Brand-Broadway Assocites 7400 Highway 65 N.E. Fridley, MN 55432 Planning Commission Chair City Council Members MAILING LIST Planning 4/24/89 Council � �_� n N //2 � 23 24 SP ��89-08 Keith�s Auto SEC. I2, C/T Y OF FRIG', ��, �� ,w¢� �.� � ; I�YAL� ! � 'i � � '" � �� i:�« 1 I i _. _ 13 LOCATION MAP ;� 3H �' a � ,�:MUJL _� � , s . ,, . • " ' S 4 3 1 . J � � 76TH. AVE. az I �s `-"'{ ,. .r � j 1 ._J ' ,t 3 ' • 4 s �t j �� /O � �a ,4 y � �� i! B .^ / ? � 7S TH AVE. N E. J W • ^ i !: i 4; = 1! � �_;� � ' IJ j _�. s 1•' • 4 1 �S� s Z� �� ` � 2f � � ` � 2s �� •° IP 9 .� — .� S. ,e y � � ' ` . ,'1 � < < �r d .� .t ` -' v�p� � ,s ! � �_ . S �//�/i�/i��///�ii/// � / � - c r --y-- f.��— � "• w� � Y •Y � � �� r: :^'� L �, � � � �. �:" � . -�� ', � t � ' � �� {„ � '1' ty.Y`�'.'� e1 ��, �(. 71�"'u_— tf') � O 2 } 3 r c� x SP 4�89-08 's Auto j ZONING MAP 3I . SP ��89-08 Keith's Auto 3J � _ -. m u ,,� m I � ��v f r �' � � � � `a 3 �� ni W � z � � a � U � s d� j � � � i�-� 0 m W � � � � � � � `�r Q O ` �T Z Y � � � r ^ � � � O � � ' � U T r- H Z � a � o a � 0 � � � � � �; : �(` �.� � PROPOSED SITE IMPROVEMENTS SP ��89-08 .,_ .., . . 3K AE��a� ��a�-o � 4 � STAFF REPORT � APPEALS DATE C��OF PLAN�pNG CONUIIUSSION DATE : rtay 17, 1989 F��.� CITY COUNCIL DATE aur� BD/dn REC�UEST PERNUIT NUMBER APPLICANT PROPOSED REQUEST L�CATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG �$ PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONqVG ENVIRONMENTAL �ONSIDERATIONS STAFF RECOMMENDATION APPE�LS RECOMMENDATION PLANNWG COMMISSION RECOMMENDATION SP ��89-09 Phillips 66 Company For 400 square feet of retail space. 7295 University Avenue N.E. The property is 2.39 acres N/A M-2, Heavy Industrial North, R-1 and R-2, single family and multiple family; South, M-2, Heavy Industrial (vacant); East, M-2, Heavy Industrial (vacant); West, C-2, office and automotive uses. Municipal utilities available to the site. Fees will be required at time of building permit applicatio N/A Yes Yes Site has accepted runoff from adjacent property. Approval with stipulations. 4A Staff Report SP #89-09, Phillips 66 Page 2 REQUEST The petitioner is requesting special use permit approval for approximately 400 square feet of retail sales in conjunction with an automotive service station. Section 205.18.O1.C.(3) requires a special use permit for commex�cial uses within an industrial building. An automotive service station is a permitted use in the 1►i-2 district. The City Attorney has interpreted the Code to require a special use permit for the retail sale of the grocery/convenient goods (see attached). Four pump islands are proposed with a potential expansion of the canopy and an additional two pump islands. Also proposed on the site is a detached car wash building. �ACKGROUND The property has been zoned M-2, Heavy Industrial, since 1958. The property was platted in 1980. ANALYSIS 7�he M-2 district establishes six performance standards to evaluate commercial retail uses in the M-2 district: �. The_ maximum aross floor area cannot exceed 30� of the buildina�s total floor area with no such individual tenant exceedincx 5 000 square feet. The total area of the gas pump island and service building is approximately 5,940 square feet. The proposed retail area at 400 square feet is 14� of the total square footage. � . The tiarkinc� sunn� v ��,ai i �,e s � ..,.,.,..., ; .._.._ ___ �L LL _ 3. suvAVrz =Lill occupancy of the buildin„g The traffic generated by the gas pumps is accommodated by the parking surface around the gas pumps. The total square footage of the building alon�� is approximately 750 square feet. Five parking spaces afe� required and the site plan indicates six parking spaces. Code, shall be permitted The petitioner does not propose any wall signage for the convenience retail use. Signage is proposed on the canopy and a free standing pylon sign is proposed for the automotive use. It should be noted that the ordinance requires a maximum height of 25 feet. The plan indicates 30 feet. The proposed sign area is 91 square feet. The ordinance permits a maximum of 80 square feet. 4B Staff Report SP #89-09, Phillips 66 Page 3 4. The Dro�osed use shall only be permitted where it can be dP_mnhctra�nA �� _�-�-�- -- --- ` � • 5. intersections. The traffic attributable to the convenience retail is smaller than the traffic that will be generated by the permitted use of the automotive service station. Entrances are proposed onto 73rd Avenue and on the University Avenue service road. A median exists in 73rd Avenue, thus causing the proposed entranc � as a right- in and a right-out. The location of th �n er ction meets the 75 f ction separation requifement of the zoning ordinance , e' �e�' from the retail use or the automotive service station ill not affect the level of traffic which will cause the traffic counts on 73rd Avenue or the service road to exceed their capacity. located. The property is bounded on the east by the Northco Business Park, on the west by University Avenue, and commercial uses on the west side of University Avenue. Duplexes and single family zoning are located north of the site across 73rd Avenue. The zoning ordinance requires a 100 foot building setback when the property is adjacent to residential districts. The building and canopy are located approximately 68 feet from the property line. The structure must be shifted to the sout� in order to meet the setback equiremen �' � � �.. �� ,,��D Several changes' o the landsdape plan should also be made in order t at more native species are proposed to coexist with the existing vegetation on the site and to improve screening. The following changes to the landscape plan are recommended: A. I�ocust species should not be used. B. The 12 inch Ash and 14 inch Boxelder on the north bou�evard must be removed. C. Gro-low Fragrant Sumac shall be used instead of the Spirea in front of the car wash area. D. Southerland Juniper should be used instead of the proposed Colorado Blue Spruce. E. Bur Oak should be used as a boulevard tree instead of the Sumit Ash. Eight Bur Oaks should be planted along 73rd Avenue and the University Avenue service road, planted 60 feet on center, instead of the proposed Locust trees. The Bur Oak species is proposed in other areas along the bikeway. 4C Staff Report SP #89-09, Phillips 66 Page 4 F. Clusters of Quaking Aspen should be used on the south side of the parking area toward the existing vegetation stand. The Gro-low Fragrant Sumac should be mixed with the proposed Juniper plantings. G. Six inch shredded bark mulch should be used for ground cover area. H. Mugti-colored stones should not be used. I. Section 205.18.07.D.(4).c requires a continuous 36 inch planting strip must be provided between the parking area and abutting streets. The proposed junipers shall therefore be connected around the east, north and west sides of the proposed hardsurface area. A 2 to 3 foot berm combined with the proposed planting strips would also be appropriate and may be more effective to screen the traffic activity on the site. 6. The building owner and or agent shall be responsible informinq industrial use. This standard is applicable to a multi-tenant building situation and is not applicable to this case. Included in the report is an opinion from the City Attorney regarding whether or not the car wash is a permitted use in the M- 2 district. The Attorney states that the proposed car wash is not a permitted or a permitted special use in the M-2 district. Therefore, the City cannot issue a building permit for the car wash. Miscel�.aneous The proposed exterior facia of the automotive service station consists of natural stone facing on the service building and a bronze and red canopy. The petitioner will be presenting a video tape of other similar establishments in the Twin Cities area. The ordinance requires certain performance standards for automotive se'rvice uses. Outdoor operation of lubrication equipment, hydraulic lifts or service pits is prohibited. The display of petroleum products between pumps and outdoor display of inerchandise is limited within four feet of the station building. Storage of abandoned or junk vehicles or the sale or display of used motor vehicles is also prohibited. A 15 foot bikeway/walkway easement should also be dedicated along 73rd Avenue. ^ ��- �,5 � � � �� bD Staff Report SP #89-09, Phillips 66 Page 5 RECONIlKENDATION Given the proposed location of the use, confined in the corner of the intersection, coupled with appropriate landscaping, there should not be adverse impacts from the proposed use. Planning staff recommends the Planning Commission recommend approval of the special use permit, SP #89-09, to permit 400 square feet of commercial retail at 7295 University Avenue N.E., subject to the following stipulations: 1. 2. 3. The site plan shall be revised such that the canopy and building meet the 100 foot setback. The landscape plan shall be revised as follows: A. Locust species should not be used. B. The 12 inch Ash and 14 inch Boxelder on the north boulevard will have to be removed. C. Gro-low Fragrant Sumac shall be used instead of the Spirea in front of the car wash area. D. Southerland Juniper should be used instead of the proposed Colorado Blue Spruce. E. Bur Oak should be used as a boulevard tree instead of the Sumit Ash. Eight Bur Oaks should be planted along 73rd Avenue and the University Avenue service road, planted 60 feet on center, instead of the proposed Locust trees. F. Clusters of Quaking Aspen should be used on the south side of the parking area toward the existing vegetation stand. The Gro-low Fragrant Sumac should be mixed with the proposed Juniper plantings. G. Six inch shredded bark mulch should be used for ground cover area. H. Multi-colored stones should not I. A continuous 36 inch planting between the parking area abuttin of berming and planting is also A car wash is not permitted. be used. strip must g streets. A acceptable. be provided combination 4. T:�ere shall not be outdoor operation of lubrication equipment, hydraulic lifts or service pits or the outdoor display of merchandise. The display of petroleum products between pumps or the temporary display of inerchandise within four feet of the station building is permitted. 5. The property shall not be used as a place of storage or depository of wrecked, abandoned or junk motor vehicles, or the sale or display of used motor vehicles. 4E Staff Report SP #89-09, Phillips 66 Page 6 6. The sign plan shall be revised to comply with the etandards of the sign ordinance. � � � �/ � �� 1� � � � �� / �� ,� , r i.t��-� `Tt ,�/ �� C' �� mr oF s4a � u� .,..iz y ,.... -.., �.z�a7a-a�so . $ a A+ as -.a ��+� �:; ' .,,,, %-�tF`v := ,�.. �� a r -'�, ra -. t,� ,� �-- . �, �`�- �, l.` r Y , a°�- k y i h t:.7 ,z*''F Y�,� f +q ' �L y, ; � x F- m . �` � .a .> .- : . � � � iPECiAL �SE i'�ERMIT �P #8�`T — �cI ` 9 €� �� - i�c ,� � � " � - - � ,, � ' [ � .� �'�4 T.� .�,� 4 ' _ �, �� y� 4� iT _ �s ta<.° �i _ i � � � s. " J . . . ^Y -:. ,t�. �:� ±" s �.� _ �"� „ . ,'� t '_ .. � �� 3 �, : � ° "`� � � D �. '' �I�T � �p2 o>j'" � �` �LAL £'y (+ : � _� - d , , k� "�" lY� .. . ... ,�. _.. .:.. , , �.� _ . _ +a' .'r\��-�'��( �� LJ ,� �. .f * . � =. . � . ' �.. .._ .r ... - . � � _ �,, ,. , � � ;�i ° � � �� T 4 l r F �� := � � a �- _ :F! �,,.' ' -. � - : • •,. .,. - � ` . -:: - 3 : �. � . 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'"'�, '- -.,.�, '.�._ �;-� . _ . __ .� _ ;; , , �AQ'/A� "�.'raot A.'ti Re9istered i�a� Survest �78 -- - 3+U� _`= T.�LO�R ^...:� - . � � � � .. � AQtF�lGE _ . �II3°� Z� ' t�—`Z - . � - � '� _ SQEQAL t�SE PIIt�IIT BEIl�S F�PS+IF.D FOIt: .��'a �onstruc t�pprox �aaatelp 90fl � s:�:�of r eta il - . . .. . . . �_ r,, e -_: . : ^,.� ��.._. . .,_- ��=� � _. .,;� . . ... , . •-- -__s.,__:.._..�s«r.-n=„�tnr�.�uel:s�tion/�arwa�il:, 'mhe avD'!i�a±?�n �oe�s nOt . . - .. concecxe aor �imp3.y:�onsent`�o mu'!tipie �capan�y classifications for II.B.C. . ' . e . . , , . ..::F -,, - ses . . . ._ , .. ,. :. P � :. - ._. � F6, � � .:� ` ' .. "" . . . �L'�i �' �E v�/ia-�1 � ..� 6{i5�18.L1�C�3 ' ' ^ . , . �t�t�*,��x�.��r*it'��,xf##��r�ir�#�tet#�it#�r�r�#�tret,t##t �' � H P 3 - " ". . . . . � _ -. • . - . �.1,.. �EE OWNER INFORMATION - a_s ` , . _ ,_ ��..� ,s =��_� : • - �. ' � � � � �sr : °s . ;� 4 d �...y . _'" . " . � Tr i-State I,and Coaapany � -�g� # 3�l7-8254 _ �m.� � : _ . � :�. , < ..�. �' � 13n80 Soo Line Buildi �, 'P.�.. �ox"'�530, 1K3nneapolis. 'MN �5440 1 - '`: =� ` .� � ��'' " l . , ¢ � I�ote to Coatract Purchasers; Fee O�aerg tR # �r � � ��* ir it �w , � - � PETITIQNER �iNFORMATION :� �... ; � .� . -�t ; � TMi� . �: 3. `. fSa � °": . ' .::� -. �.. � -:_= i � �. _.�.� k,"�'"��`.�;. .3-' � -� � `,`s;� ?j�E Phillips `b6 Cbm�anv � ; , ; . �. ; "" . ._- . . �:- :�_ � �; %.w � ,. , , ._ Y S;'�i , .� _ � ._�jo A'brtfi �tat ��neerina Ce�riau� � - _ - w,;- �� t; � � ` - :� . . .. . . . , ,. .. `. ,� . . ., . ., . ,_ . . . "- . ..- _ . _ y� �+ '"'� a s - '�4�" A a' '�4� S �'C"�h �� "< _ . � � �. +�:_�� - # j': �`�j . �'M/r�� 4 -� ; "' �c� :,,��i .,-,�.._..: - �` � ' �� f � � � � E - -� F � — �'nr:1 � �, .,�:+"�� , _ . _ . . _ _ , � r� � � k ,� x, � �� .. � r ,� �� k � .tt« t ' ��"�-" .r`.I .I :.._.=— �. � °;� Tri�., � 3�_ � m._ # �� . ri9r9t�� rr�8��# !r t t �t � t . - . t � � r � a h t :- t ._ :1 a - .. ��4� �* ��r��L � _ . - _-,> � �25 �arbnz �,ane� $iU�L, Plvc�uti�, t�] �� - . 55447 -�lU1�D ._ _" --. � . : . . . � �� '�' # * # `# . . .'L + " � T tY ' x= , X ?.� i� � 4G PUBLIC HEARING BEFORE THE pLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the CONIl�'![INITY EDUCATION CENTER, 6085 - 7TH STREET N.E. on Wednesday, May 17, 1989 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #89- 09, by Phillips 66 Company, per Section 205.18.O1.C.(3) of the Fridley City Code, to allow commercial retail, with a motor fuel station/car wash, on Tract A, Registered Land Survey #78, the same being 7295 University Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: May 3, 1989 May 10, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP 4i89-09 Phillips 66 Company Phillips 66 Company c/o North Star Eng. Consult. 3025 Harbor Lane �104 Plymouth, MN 55447 Tri-State Land Company 1380 Soo Line Building P.O. Box 530 Minneapolis, MN 55440 Fridley Business Center Part. ]201 Marquette Avenue Minneapolis, MN 55403 James Sandquist 7300 Symphony Street N.E. Fridley, MN 55432 Ronald Pillard 7301 University Avenue N.E. Fridley, MN 55432 Phillip Knutson 7301 Symphony Street N.E. Fridley, MN 55432 Planning Commission Chair City Council Members MAILING LIST Planning 4/24/89 Council 4H � � � t�-�tv�- J I.�I p � � �: . �-_ 'a (+� / • e I ---� - �.J _ M ' ►CT A � � �P�O , _.. _... 1°i ,' � �°' ' �': , , ,�, , ,� � �. �o , � ;� r � � , ; r.�ti i `°� ,.�, . -..w-� .-------------- -----�----�-�-----' ' , � ........,..,.. � .« w . . R 1 33 SP #89-09 Phillips 66 Co. S �/2 SEC. //, T 30, C/TY OF FR/OLEY I �0 ' i l ,`31 �\ ,��R� .� ,� „ Hr+•....s�•w n�c4+ �,,,e. ��r ._ -,.. TRACT A � : .,s, f.,p•...:A-w D ..�,, �•.. � � z ' �.� . ` b a% N�16.....r.. r .. • - �. � p , ' �� I.t`b � .�,,: ,/ � t' y �'•: . :' A .' ,;' %. . .. � i".�. , � I - TRACT B � O � � ; �P F 6 I' , _G�F'� �� O Ck 1 LOCATtON MAP 4I � , � I ��A E � , � � � : � � 9 a i , . 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'�� c rT � � . f �''_ �� '�, w�' � � � .. � � �;, t.: I � � � � � � "� ��. � ,,,,� �. � � � � � r�' • ' •• v.J i c,a r•. ,• � `,� �iv GA�pGE ",� � . �'�"'7►� � � ,t `*�" `� �.,� t4 r`.`-� � `� � .``� �"'� � � ; • ' . `.-•� .,a ., ' � �: v� �� `r.� �� " ,� ;,;�^ �"`� �--� � R `�► . �, `� . � .�� _ �'� ; 0 .��,� q ' ,� ��. � � � � � � � � 1 � �. - - ,7 e `, i.-��.t-�„' � �"i / � � r � v � �✓' 1 � f `1� , , t�_ . . ----�— — 4J ZONING MAP � �C� O � � � ��i��$�; gp �89-09 Phillips 66 Co. � a iR � � � � � ° I I � � � � � ��g�� !; n / , �, �,�, �, . � ' i �' - � � QP�.� � � � � i �� i�. I II .�, _ �/ � .. '�� nu � �� I� i� � �� I � �,� � �l �� , I� �� I � '� I / ) �� I � � � � 4K SITE PLAN N Z = » O J � F M � M � Q O � $ � W 2 = � r J ~ _ � � 0 f p ¢ �Q°z�`z a z�az�-, c' m�UpJ;.J Qa H�� a . � _ N O Q Q SP ��89-09 Phillips 66 Co. H a U a w � �a� � r. � (,n O v� 1-i Q� ---� N .�r�' J�� 1 �r .a� �z.�r_-�� s s� s r�.�l _ o�v .r 'o'v .s . ��~ . �� 0' v. 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CZ7 � N .-� �., Z � O a J�tl JJ� ��M�{ �C �1 , ,r ^ � � � � � 2, O t J e � ' � � )� � y �� a 3= � 3 �" a �1 U �� r: � h �IIi �� i � ti �� 8� t� �� Z O H � > W J� , W _ F � Z Z� H > W J W f fQ < W 41� EL�VATIOI� � e . 6 ��q � � � � k� �� ag �� d �� s � �e�� s � � a��7� �� <� � " � �i � � � �� @ � � 5 �� Bg � � � �� q E' � C � � .� y �7 B�Md�� i�� q � �g��Q �� i � tb �� <� �� C J / '/ / �� / � � � � � � �� , ��; e 1 / � / � ' � � �. �i� . �. � ji �i�i ••• � /� � • (i . � �� y�i / R � ;� � � �a � � i/ i ,�1 `�� '� �� , � � u � �. �,� H-�- � �� „ = �! , � � �� > , - � � ; L��_ � .� �` ��'°• � � � > : � ► �� t>� — � � � . p / � � -------- `r------ � �rt� I ( 4 ... �— — ` �� 1.1 AtY � Y �asaow � �-------_�_ I SP ��89-09 4N Phillips 66 Co. �s ' ��Tl,r. VY► /� : r� 0 o,p �� °l�?�lo . } , —• �- ��,��;�� '� � a r- W O � � Z a J a aa � � _ N � W W Q' H ,�.�� i � � � � �� . -•, Q ��— —� — � �� — + _ + C---------------------------°---------------� 3N �MOAY 'QdEL � < � � LANDSCAPE PLAN SP 4i89-09 Phillips 66 Co. i� �� R' � � �� 1 �J�� i o, _ 0 � �' u' � u 0 0 �, I ' � �. ., u � � I t . � � � � �� ( i� ��i �• e � ` :�. �� l! s��d�� a �119 � � � �`i� �{I1 � � � IV � � 1Ri� � m �_ �� i� ��i � A . / i � / / / / � /' �� / � �. / I /� / ;: i 1 !�1��'� ,, _ .�-�� -�----,, � ��-�=�- __ �� _________�..� ��; � � I i I �� i '1 ■. :��e� � � ;� . ��: . � ,; �� ;� � 1 �� , 1 " I � II, � � � 60 GRADING P�AN . Virgil C. Herrick �' James D. Hoek Gregg V. Herrick �- or ca�� David P. Newman �� l� � ;MI�I l� � :\� - /� � �/ ► .. �� • � ,� �� t� .- .i : 1 , , I �� , , 1 ' 1 1 � � �� I ��;r'.; , w� ��.�� T0: Ba b Dacy � FROM: Yi 1 C. Herrick ' y Attorney DATE: May 3, RE: Phillips 66, University and 73rd L� 4P f��l �- ��'�-"� � . � � t/Ll' � � it ti � ' � � ��'1 �' '� ! � � l� ,� i 1 This Memorandum is in response to your verbal inquiry concerning a proposed development by Phillips 66 on the southeast quadrant of University Avenue and 73rd Avenue. You have advised me that Phillips 66 is planning on building an automobile service station at this location. In addition they have indicated that they wish to construct an attached convenience store and a detached car wash. You have advised me that this property is zoned M-2 or heavy industrial. You have also asked four questions. These are: 1. Is an automobile service station authorized in M-2 zoning? 2. Is an attached convenience store authorized in M-2 zoning? 3. Is a detached car wash authorized in M-2 zoning? 4. The Fridley city code, Section 205.18D(4) provides that whenever an industrial district is adjacent to a residential district permitted buildings on the industrial property shall not be closer to a street right of way line, abutting a residential district, than 100 feet. Your question relates to the point from which the 100 feet is to be measured. My answers to the above questions are as follows: 1. Fridley city code 205.18 lA(8) lists automobile service stations as a permitted use in an M-2 district. 2. A convenience store is not listed as a permitted use in an �A-2 district; nor can it be considered an accessory use as defined in Section 205.18 1B. If a convenience store is to be permitted in an M-2 district, it must be through the provisions of 205.18 1C(3). The uses enumerated in this section are those that can be allowed subject to obtaining a special use permit. This section Suite 205, 6401 University Avenue N.E., Fridley, hlinnesota 55432, 612-571-3850 Barb Dacy May 3, 1989 Page Two does permit commercial retail in industrial buildings. It is my opinion that a convenience store included in a gasoline station was not the use that the council had in mind when this section was adopted; however, the language contained in the section may be determined to be broad enough to �icantemust demonstrate thate requested by the applicant. The app the proposed store meets all of the requirements listed in A through F in this Sub-Section. If the council finds that a convenience store is not specifically allowed in Section 205.18.01 C3, then the proposed use is excluded by 205.18.01 2A. This section provides "Any use allowed...in any other district unless specifically allowed under uses permitted of this district, are excluded in M-2 districts." 3. A car wash or a motor vehicle wash establishment is not listed as a permitted use in an M-2 district. Neither is it listed as a use permitted with a defined ineSection�205r18alg�t be considered as an accessory use as A motor vehicle wash establishment is listed as a use permitted with a special use permit in a C-2 district. The fact that it is listed as a permitted use in a C-2 district and not in an M-2 district indicates a conscious decision on the part of the city to authorize this type of establishment in a commercial area. Section 205.18(2)A states any use allowed...in any other district unless specifically allowed under Uses Permmitted in this district are excluded in M-2 districts." Based on the quoted section of the Fridley Code, it is my opinion that a motor vehicle wash establishment is prohibited in an M-2 district. 4. As indicated above, buildings in an M-2 district are required to have a 100 foot setback from adjoining residential districts. Section 205.18D(4) states that the permitted building shall not be closer to a street right of way line abutting a residential district than 100 feet. It is my understanding that 73rd Avenue abuts a residential district. Therefore, the distance between the proposed se�vbeeattleast 100 feetsouth right of way line of 73rd Avenue mus VCH/lal �Q � CITY OF FRIDLEY BUMAN RESOIIRCEB COMMIgBION MEETING, MAy 4, 1989 CALL TO QItDER: Chairpersor��Sherek called the May 4, 1989, Human Resources Commission•meeting to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Others Present: Sue Sherek, Paul Westby, Sue Jackson, LeRoy Oquist, Bill Campbell None Barbara Dacy, Planning Coordinator APPROVAL OF JANUARY 5 1989 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Jackson, seconded by Mr. Westby, to approve the January 5, 1989, Human Resources Commission minutes as written. UPON A DOICE VOTE, ALL VOTING AYE, CHAIRPERSON SHERER DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF APRIL 6 1989 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Westby, to approve the April 6, 1989, Human Resources Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERBON 8$EREK DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: MOTION by Ms. Jackson, seconded by Mr. Westby, to approve the agenda as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SBERER DECLARED THE MOTION CARRIED LTNANIMOIISLY. 1. NEW BUSINESS• a. Review CDBG Proposals/Develop List of Questions for Representatives at special Meetinq on May 18, 1989 North Suburban Counselinct Center 1. .�: . .2, 3. 4. � How many Fridley residents have you served in each of the two previous years, and how did you determine that number? How many people from Fridley receive reduced fee or free counseling? Please provide a financial statement for 1988• Did you receive United Way funding in 1988 and 1989'. If not, why not. Famil Life Mental Health Clinic 1. 2. 3. 4. 5. 6. How many Fridley residents have you se o edetermine of the two previous years, and how did y that number? How many people from Fridley receive reduced fee or free counseling? Describe the type of Fridley resident yourov de the the type of service you provide. Also, p typical number of sessions per individual. What is the purpose of the increasing fund balance, and what is it used for? What is the ending fund balance for each of the past three years? What is the item called "donated" under Patient Revenues? 7, What are the program projections for the Family Reunited Program, specifically, costs, revenues, staffing, and the number of people to be served? Central Center for Familv Resources How many Fridley residents have you served in each of the two previous years, and how did you determine that number? How many people from Fridley receive reduced fee or free counseling? How much time is spent with families of teenagers aft�r a crisis versus early identification of 1. 2. 3. 0 0 � HUMAN RESOIIRCES COMMISSION MEETING, MAY 4, 1989 - PAGE 3 problems and intervention? Is this program preventative or patchwork after a crisis, and how is the program working? � 4. How many referrals do you get from elementary ' � schools? ��5. ' What is the purpose of the undesignated fund balance? Southern Anoka Community Assistance 1. How many Fridley residents have you served in each of the two previous years, and how did you determine that number? 2. The chart referred to on page 3 of your proposal is missing. 3. Provide a copy of the actual annual 1988 statement or budget that shows income and expenditures for 1988. 4. What days and hours is SACA actually open and staffed? 5. Do you ask for money from any other communities? CDBG funding or other funding? 6. Please address the fact that your overhead seems high in relation to your expenditures. In addition, estimate the value of your inkind donations � including food, rent, utilities, and Christmas gifts, but not volunteer time. 7. Do you have any plans to retain a permanent full time or part-time coordinator? St. Williams Church 1. How many Fridley residents have you served in each of the two previous years, and how did you determine that number? 2. Provide a breakdown budget for the food shelf operation. Include inkind donations of food and other items, but not rent and utilities. a HIIMAN RESOIIRCES COMMISSION MEETING, MAY 4, 1989 - PAGE 4 ' 0 Community Emerqency Assistance Proctram 1. Are you currently serving any Fridley residents? If so, how do you determine that number? �. 2.• • What portion of funding goes to shelter expenses and '.� •. • what portion of funding goes for food? 3. Are grants or loans also given? Do you receive any money back? 4. From what other sources do you request funding? 5. Why are you seeking funding from Fridley? Anoka Countv Community Action Proaram (Senior Outreach Worker) 1. Provide a resume of the current senior outreach worker. 2. Provide the statistical information regarding the number of seniors visited, the number of visits, the number of seniors reached, the number of in-home visits or Senior Center contacts, and the number and type of referrals made. Senior Citizen Center 1. How did you assess the need for this kinship program? 2. How would this program interact with the senior outreach worker? 3. Are you familiar with the Kinship Program in operation in Coon Rapids which also serves some Fridley residents? 4. How did you calculate the amount of your request if you want $650 per companion and you are asking for two companions? North Suburban Kinship Proctram l. How did you come to be serving seven Fridley residents? 2. Describe the duties of the outreach coordinator. What portion is the coordination of the senior kinship program? 3• How did you arrive at the $3,000 request to serve the residents of Fridley, with a$9,200 budget? :..4• How does your accounting system ensure that the •: $3,000 would go directly to the Fridley residents? '.��, . From what other sources are you seeking funding? 6• What is the total kinship program? 7• Provide us with a 1988 budget. North Suburban Consumer Advocates for the Handica ed 1• How many Fridley residents have you served in each of the two previous years, and how did you determine that number? 2. How would a computer enhance the services provided by your organization, especially to the residents of Fridley? 3• Have you solicited any of the vendors of computers for a donation of equipment? Alexandra House No questions Anoka Countv Association for Retarded Citizens 1• How many Fridley residents have you served in each of the two previous years, and how did you determine that number? 2• What is the status of the toy stock? What is the condition of the toys in stock? Are materials being returned? 3• Specify the number of children using the toy lending library who are developmentally delayed Fridley residents. 4• From what other sources are you seeking funding? Are you requesting funding from any other cities in Anoka County? 5• How much are you requesting from the City of Fridley for toys and for the drop-in center, and how is the $2,900 determined? � E 6, Your current information the droeSin center r How Fridley residents served by P eo le use the frequently on the average do th ou have reason to center? How many hours. Do y � believe that additional Fridley residents o°intend • . served by this drop-in center, and how do y • � � . : . to reach them? RISE 1, How many Fridley residents do you serve? 2, What specifically do you want to from the tC ty�of request for human services funding Fridley? 3, If you received CDBG monies, would the money be expended by Dec. 31, 1990? 4, From what other sources are you seeking funding, and how much are you requesting from other sources? Little Vo a eurs' Montessori School 1, How many Fridley residents do you serve? 2. How much tuition as�es hool or the day careacenter would be for the p or both? 3, How much is your tuition? 4, How do you envision distributing the $1,000? How can we be sure you are helping low income families? 5, If you are servicing low income families, what about transportation needs to get the child to the program? 6, Are you requesting funding from other sources and other communities. b, Consideratioa of Schedule for Presentations at Special Meetinq The schedule was reviewed and revised. �, Review Evaluation Form IIsed to Grade Fundinq Requests The evaluation form was reviewed, and no changes were made at this time. _ � • 1�_�ly�� .Y _� 0 ON by Mr. Oquist, Beconded by Mr. Westby, to adjourn the meeting.. IIpoa a voics vote, all votiaq ape, Chairperson�8herek dec�ared �be motion carried unanimouslp and the Kap 4, 1989,�Human Aesources �ommi�sion aeetiag adjourned at io:oo p.�. Resp ctfully subm'tted, Lyn Saba Recording Secretary