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PL 09/12/1990 - 7136. .�r � „_. � City of Fridley A G E N D A PLANNING COMMISSION MEETING WEDNESDAY, SEPTEMBER 12, 1990 7:30 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER• �20LL CALL: APPROVE PLANNING COMMISSION MINUTES: August 22, 1990 PUBLIC HEARING• CONSIDERATION OF A REGISTERED LAND SURVEY P.S �90 05, BY DAN SULLIVAN: To create two tracts, Tract A and Tract B, to simplify existing legal descriptions. The property included in the Registered Land Survey includes a portion of the Regis I�ane road easement and a portion of the Sullivan property located at 1161 Regis Lane. No new building lots are proposed to be created. The property is 665.36 feet long and 80 feet deep. The legal description is as follows: that portion of Lot 9, Auditor's Subdivision 25, lying in the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, T-30, R-24. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P.S. 90-04 TARGET NORTHERN DISTRIBUTION CENTER 2ND ADDITION BY TARGET STORES INC.; To add a 70� x 1,100' strip of property to Target�s existing property, which is now part of M.T. Properties' railroad right-of- way. The subject property is legally described as a tract in the Southwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, being a part of the Minnesota Transfer Railway right-of-way and being more particularly described as follows: Beginning at the southwest corner of Lot lA, Block l, Target Northern Distribution Center Addition, according to the plat thereof of record in said Anoka County, said point being on the west line of said Southwest Quarter of Section 12 and on the northerly line of said Railway right-of-way; thence along said west line, being also in part an easterly line of Lot 1, Block 1, of said Addition, South 0 degrees 40 minutes 36 seconds West, assumed basis of bearings, a distance of 69.47 feet; thence South 89 degrees 18 minutes 16 seconds East 261.75 feet to a point of curvature; thence along a curve, concave southerly and having a radius of 6777.04 feet and a central angle of 7 degrees 09 minutes 10 seconds, an arc distance of 846.05 feet to a point of nontangency on a line 30 feet westerly from and parallel to the westerly right-of-way of State Trunk Highway 65; thence along said 30 foot parallel line North 0 degrees 27 minutes 02 seconds West 34.66 feet to the northerly line of said Minnesota Transfer Railway right-of-way; thence along said northerly right-of-way line, being �--� PLANNING COMMISSION MEETING SEPTEMBER 12, 1990 PAGE 2 1P.S. #90-04 Target Stores Cont'1 in part the southerly line of said Lot lA, and along a nontangential curve, concave southerly and having a radius of 11,509.16 feet, a central angle of 5 degrees 31 minutes 12 seconds and a chord bearing of North 84 degrees 46 minutes 24 seconds West, an arc distance of 1108.40 feet to the point of beginning. Generally located west of Highway 65 and south of the Target Northern Distribution Center building. SCHRADER• To rezone Lots 7, 8, Light Industrial to 7355 Highway 65 N.E. a restaurant. 0 and 9, Block 1, Central View Manor from M-1, C-3, General Shopping, generally located at , for the construction of an "auto mall" and BY AL SCHRADER: �"��"yy"`� vr A.�'F'�'CIAL USE PERMIT SP 90-15 Per Section 205.15.O1.C.(4) of the Fridley City Code, to allow repair garages; per Section 205.15.O1.C.(5) of the Fridley City Code, to allow automobile service stations and motor vehicle fuel and oil dispensing services; per Section 205.15.O1.C.(6) of the Fridley City Code, to allow motor vehicle wash establishments; per Section 205.15.01.C.(8) of the Fridley City Code, to allow exterior storage of materials and equipment, all to be located in two buildings as an "auto mall'�, on Lots 1 through 9, Block 1, Central View Manor, and Lot 3, Block 1, Central View Manor 2nd Addition, generally located at 7355 Highway 65 N.E. AUGUST 2 1990 MEETING OF AUGUST 9 1990 1990 OTHER BUSINESS: DJOURN; �� l CITY OB FRIDLEY PLANNING COMMIBBION MEETIN(�� AIIGIIBT 22i1990 N�Y�►5��Y�Y��.Yf��NA��Y��Y��Y wwwwn�ww.wr.r.r�wr�.�.w.www.w.w.wrw CALL TO ORDER: Chairperson Betzold called the August 22, 1990, Planning Commission to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dave Rondrick, Dean Saba, Paul Dahlberg, Connie Modig Members Absent: Sue Sherek, Diane Savage Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant William Burns, City Manager Warren Stock, 289 Liberty Street N.E. Dale Ekstrum, Northco Corporation Kristin Larson, Stewart Corporation See attached list APPROVAL OF AUGUST 8. 1990, PLANNING COMMISSION MINUTES: MOTION by Ms. Modig, seconded by Mr. Saba, to approve the August 8, 1990, Planning Commission minutes as written. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOII3LY. 1. CONSIDERATION OF A LOT SPLIT, L.S. #90-03, BY FRIDLEY BUSINESS CENTER PARTNERSHIP: � To split Lots 4, 5, and 6, Block 2, Northco Business Park into the following two parcels. Parcel 1: Lots 5 ad 6 and the north 87.98 feet of the east 268.02 feet of Lot 4, Block 2, Northco Business Park, according to the recorded plat thereof, Anoka County, Minnesota. Parcel 2: Lot 4, Block 2, Northco Business Park, according to the recorded plat thereof, Anoka County, Minnesota, except the north 87.98 feet of the east _ 268.02 feet of said Lot 4. All generally located east of Northco Drive and south of 73rd Avenue. PLANNING COMMISSION MEETINa, AIIGIIST 22, 1990 __ PAG$ 2 Ms. McPherson stated the petitioner is proposing to split an 88 ft. rectangle from the original Lot 4, Block 2, of the Northco Plat; and, at the same time, transfer a triangular easement to the parcel to the north, Lots 5 and 6. The purpose of the lot split is to provide adequate lot area for one of the Fridley Business Center Partnership's buyers of the property. Included in the staff report is a site plan for Angeion Corporation, which has applied for a building permit and wishes to build in September. By processing and approving the lot split, Angeion will be able to proceed with construction in September. The plat application (agenda item #2) will reconfigure the lot line of the triangular easement area which has too complicated of a legal description and needs to be replatted. Ms. McPherson stated entire parcel is located near the intersection of Northco Drive and what was the old Carter Day plant. The parcel is currently vacant and is zoned M-2, Heavy Industrial, as are the parcels adjacent to it. Ms. McPherson stated the proposed lot split does not adversely impact the existing lots as to minimum lot area or minimum lot width as outlined in the M-2, Heavy Industrial District, zoning regulations. The area to be split is rather small compared to the overall size of the lots. Staff is recommending the Planning Commission approve the lot split with three stipulations: 1. 2. 3. The plat, P.S. #90-03, shall be completed by the petitioner. Compliance with stipulations of P.S. #90-03. Park dedication fees shall be paid at time of building permit issuance. Mr. Dale Ekstrum, Northco Corporation, stated that when the property was originally plated, they did not have any potential tenants or buyers, and basically platted it into smaller lots. Angeion Corporation, through Stewart Corporation, the developer, needs Lots 5 and 6 plus 88 feet. It is relatively common today to do this kind of lot split in a platted business park. Mr. Kondrick asked what kind of business would be conducted in this building. Ms. Kristin Larson, Steward Corporation, stated Angeion Corporation is a medical manufacturing and research company. At the beginning, there will be about 75 people on site. With the expansion that is planned, there would be 98 people on the one shift. The second shift would have about 25 people. They have provided more than the required number of parking spaces for the company now and after the expansion. PLANNINa CONII�IISSION MEETING, AIIGIIST 22, 1990 PAG$ 3 MOTION by Mr. Rondrick, seconded by Mr. Saba, to recommend to City Council approval of L.S. #90-03, by Fridley Business Center Partnership, to split Lots 4, 5, and 6, Block 2, Northco Business Park into the following two parcels. Parcel 1: Lots 5 ad 6 and the north 87.98 feet of the east 268.02 feet of Lot 4, Block 2, Northco Business Park, according to the recorded plat thereof, Anoka County, Minnesota. Parcel 2: Lot 4, Block 2, Northco Business Park, according to the recorded plat thereof, Anoka County, Minnesota, except the north 87.98 feet of the east 268.02 feet of said Lot 4. All generally located east of Northco Drive and south of 73rd Avenue, with the followinq stipulations: 1. The plat, P.S. #90-03, shall be completed by the petitioner. 2. Compliance with stipulations of P.S. #90-03. 3. Park dedication fees shall be paid at time of building permit issuance. IIPON A VOICE VOTE� ALL VOTIN(3 AYE� CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT. P.S. #90-03, BY FRIDLEY BUSINESS CENTER PARTNERSHIP:_ To replat Lots 3, 4, 5, and 6, Block 2, Northco Business Park, into two lots, Lots 1 and 2, Block 1, Northco Business Park Third Addition, on property generally located east of Northco Drive and south of 73rd Avenue. MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to open the public hearing. IIPON A VOICE VOTE, ALI� VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND T8E PIIBLIC HEARING OPEN AT 7:45 P.M. Ms. McPherson stated the purpose of the plat is to formalize the previous lot split into correct, simple legal descriptions instead of a complicated metes and bounds description for that particular-triangular easement discussed with the lot split request. The plat will create two parcels: Lot 1 and Lot 2 of the proposed Northco Third Addition. Lot 1 is 4.65 acres and Lot 2 is 6.1 acres. Both lots meet the minimum lot area requirement and the minimum lot width requirement set forth in the M-2, Heavy Industrial District regulations. PLANNINd CO1�iI88ION MEETINa. AIIGIIST 22. 1990 PAG$ 4 Ms. McPherson stated environmental considerations such as tree preservation and drainage issues were first addressed in the original plat and those conditions outlined in the original development agreement will still apply to these new lots. Ms. McPherson stated cross parkinq easements were originally recorded with the original plat for Lots 4 and 5 and the adjacent Carter Day facility. These cross parking easements will need to be amended and re-recorded based on the new legal descriptions. Ms. McPherson stated staff is recommendinq the Planninq Commission recommend approval of the preliminary plat with two stipulations: 1. Cross parking easements shall be recorded against Lot 2, Block 1, Northco Third Addition, and the Carter Day property to the east (Lot 7, Block 2, Northco Business Park) . 2. A park dedication fee of $.023 per square foot shall be paid at the time of building permit. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE� ALL VOTIN(� AYE� CHAIRPER30N BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARIN(3 CLOSED AT 7:50 P.M. MOTION by Mr. Dahlberg, seconded by Mr. Saba, to recommend to City Council approval of preliminary plat, P.S. #90-03, by Fridley Business Center Partnership, to replat Lots 3, 4, 5, and 6, Block 2, Northco Business Park, into two lots, Lots 1 and 2, Block 1, Northco Business Park Third Addition, on property generally located east of Northco Drive and south of 73rd Avenue, with the following stipulations: 1. Cross parking easements shall be recorded against Lot 2, Block 1, Northco Third Addition, and the Carter Day property to the east (Lot 7, Block 2, Northco Business Park) . 2. A park dedication fee of $.023 per square foot shall be paid at the time of building permit, IIPON A VOICE VOTE, ALL VOTINa AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the lot split and preliminary plat will go to City Council on September 10, 1990. PLANNINa CO1�II88ION MEETING, AIIGIIBT 22. 1990 PAaB 5 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #90-14, BY STOCK ROOFING: Per Section 205.18.O1.C.(12) of the Fridley City Code to allow exterior storage of materials and equipment on Lots 10 and 11, Block 7, Onaway, generally located at 7738 Elm Street N.E. MOTION by Mr. Rondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE� ALL VOTINa AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARINa OPEN AT 7:52 P.M. Ms. Dacy stated the property is located west of and adjacent to Elm Street and is approximately 14,700 sq. ft. in size. The property is zoned M-2, Heavy Industrial, as is all the property surrounding it. However, to the north of the parcel is an existinq single family home and to the south of the 16 ft. platted alley are two other single family homes. The single family homes are considered nonconforming by ordinance. Ms. Dacy stated the petitioner is requesting a special use permit for outdoor storage. The petitioner is proposing to construct a 3,500 sq. ft. building, part of which will be a garage area for the petitioner's vehicles. The remaining area will be used as office area. The petitioner is proposing to have the alley improved such that access can be made from Elm Street and to provide access into the proposed building and outdoor storage area. Three parkinq spaces are proposed directly in front of the building. The outdoor storage area is proposed to be contained by 6 foot tall chain link fence with slats. The fence is proposed to be located alonq the property line. Ms. Dacy stated that on August 7, 1990, the Appeals Commission consider three variance requests: lot area from 1/2 acre to 1/3 acre, lot width from 150 feet to 104 feet, and building setback to reduce the side yard setback from 20 feet to 5 feet. The Appeals Commission tabled action until after the Planning Commission action on the outdoor storage issue. One of the concerns of the Appeals Commission was that one of the reasons for proposing the building 5 feet from the lot line was that the long dimension of the building could provide screening of the outdoor storage area. The Appeals Commission wanted more information on that issue. The other issue the Appeals Commission wanted discussed was the relationship of the industrial properties in this area to the single family homes or nonconforming properties. Staff has developed more information on that which she will discuss later in the meeting. Ms. Dacy stated the proposed business is a roofing business. Mr. Stock has indicated that he needs this amount of storage area for materials related to the roofing business. This includes the PLANNINa CO1�II88ION MEETING, AIIGIIST 2Z. 1990 PAa$_6 solid asphalt, insulation pallets, equipment such as ladders, and other materials related to the business. Ms. Dacy stated that in analyzing the site design of this particular property because of a lot area that is so small in relation to what the Code requires, it is difficult to meet all the required setbacks. The outdoor storage area is large enough such that if the building was to be reoccupied �y a manufacturing use, the outdoor storage area could be converted into a parking lot and required parking spaces could be provided on site. The petitioner is requesting that the outdoor storage area not be paved but have a gravel/rock surface. Staff surveyed other special use permits granted in the past, and three properties have been permitted to not have a paved surface: Central Roofing Company, Park Construction, and Kohanek located to the west of this property. There are a large number of oak trees along the south lot line and the rear of the property that could be maintained if the outdoor storage area is not paved.� Ms. Dacy stated the primary issue with the outdoor storage is that as part of the roofing business, the petitioner has two asphalt kettles. These kettles are transported to job sites and heated on site to melt the hard asphalt to liquid asphalt. The question arises as to how much of a nuisance does the asphalt odors produce when the kettles are returned to the site. The two asphalt kettles are about 5 feet long and 3 feet wide. The overall capacity is 175 gallons. The Fire Code prohibits storage of these kettles in the building. In an attempt to gauge how much these kettles smell, staff had the petitioner place one asphalt kettle on the property on Monday afternoon. The kettle was returned to the rear of the site at approximately 100-150 degrees F. In order to heat the asphalt, it has to reach 450 degrees F. Typically, the asphalt is heated at the job site. It is her understanding that roofing companies cannot transport liquid asphalt until it is somewhat hardened in order that the asphalt liquid will not spill in route. Ms. Dacy stated three staff inembers walked around the site to determine if they could smell the odor at the property lines. Mary Novack, 21 - 77th Avenue, was also at the site. They did not detect any distinct odor at that particular time, so, based on that experiment, staff believes two asphalt kettles could be stored on the property and not cause an adverse impact as lonq as: 1. The asphalt is not heated on the site. 2. The kettle is not returned to the site until the asphalt is below 200 degrees F. 3. The kettles are stored in the farthest corner of the site to minimize the view. PLANNINa COMMI88ION MEETINd. AIIaIIBT 22. 1990 PAGB 7 4. The lid be kept on the kettle. Ms. Dacy stated if there is some type of spillage onto the ground, as the asphalt cools, it hardens, so there is no threat to groundwater contamination. She spoke to a representative from the MPCA who said that asphalt is not found to be carcinogenic, so it has none of those impacts at all. Ms. Dacy stated that as far as the proposed access to the property, the Commission should understand that because this is a public alley, the petitioner would be required to submit a petition to the Council to request that the City pave the alley and assess the cost only to this particular owner. The petitioner has indicated that the vehicles that would be accessing the site will back into the property and into the building so that the materials from the trailers can be unloaded into the outdoor storage area. Also, that way the trucks can drive out of the site. Ms. Dacy stated she would address the nonconforming use issue which was raised and�discussed at the Appeals Commission meeting on August 7, 1990, regarding what the policies are for the future for these nonconforming uses. Typically, municipalities use tax increment financing as a typical redevelopment tool. Outside of that, the only other way that municipalities can acquire property is through condemnation or eminent domain. For both those options, the City has to have some type of public purpose. In the case of tax increment financing, staff has identified four concerns regarding the use of that tool. Unfortunately, the state has amended the laws such that they are hampering municipalities in trying to redevelop properties. Ms. Dacy stated that creating a tax increment financing redevelopment district in this area poses the following concerns: 1. One of the major changes in the new state law for redevelopment tax increment districts includes a reduction in Local Government Aids (LGA) if a project has not occurred or increment is being generated within a particular time period. 2. A typical size industrial parcel that is usable for industrial development is approximately 3 acres. The amount of vacant properties total less than one acre in size. Typically industrial uses are looking for a site that is at least�2-3 acres in size. So the mere size of these properties poses an issue that the City would have to address in order to get a developer to look at acquiring the properties, acquire the homes, and propose a project. PLANNING COMMI88ION MEETING, AIIGIIST 22� 1990 PAG$ 8 3. In doing a brief economic analysis, it appears that because of the size of the property, they may not be able to generate enough tax increment to equalize the City's expenses and putting this into a tax increment district. 4. The policy issue the City would have to address is whether or not the City would be wiling to borrow money from other districts (which is also under scrutiny by the state) or to take the loss and acquire the properties. Ms. Dacy stated that it is her understanding that it is not the City Council's policy to condemn single family homes; and, at this point, that would be an issue the City Council would have to reconsider if they want to do something in this area. They would have to make a specific budget allocation to acquire those homes. Given the recent changes in the state law regarding Loca1 Government Aids and budget cutbacks the City is dealing with now, the Council would have to take a serious look at what type of budget impacts it would mean to acquire some of these properties. Ms. Dacy stated that as far as staff's preliminary.analysis on nonconforming structures, the structures would remain in this area as long as they were occupied by the owners or as long as they were able to be sold as single family properties. Ms. Dacy stated that based on the odor experiment and staff's analysis, staff is recommending the Planning Commission recommend approval, subject to ten stipulations: l. 2. Submission of a landscaping and irrigation plan prior to issuance of a building permit. The parking area to the west of the proposed building shall be lined with concrete curb. 3. The outdoor storage area shall be enclosed by a 6 foot chain link fence with slats. The fence shall also extend along the south right-of-way line of the alley providing access to the outdoor storage area. Storage of materials shall not extend above the height of the fence. 4. 5. 6. 7. All liquids shall be stored inside the building. Submission of a grading and drainage plan prior to building permit issuance. Payment of park dedication fees at time of building permit. Approval of variance request, VAR #90-20 and compliance with stipulations. PLANNINa COMMI88ION MEETIN6. AIIGIIST 22. 1990 PAdS 9 If it is determined that the asphalt kettles will not have an adverse impact, the following stipulations are also recommended: 8. There shall be no heating of the asphalt kettles on the property or on the adjacent right-of-way. 9. Temperature of the asphalt kettles must be no higher than 200 degrees Fahrenheit when they are returned to the site. 10. The asphalt kettles shall be parked in the northwest corner of the site. The petitioner, Warren Stock, stated his roofing business only operates during the summer months. They are shut down during the winter. The outside storage would not be used in the winter time. The trucks and equipment would all be stored inside during the winter. During the summer, some trucks, equipment (wheelbarrows, hoists, ladders, carts, etc.), pallets of shingles, pallets of insulation, solid asphalt, and some lumber would be stored outside. There would be no storage of chemicals. Mr. Betzold asked how many vehicles Mr. Stock had and the hours of operation. Mr. Stock stated the business hours are 7:00 a.m. to 5:30 p.m. He stated he has one single axle truck, one dump truck, and five pick-up trucks. The trucks leave the site in the morning and return at night. As far as deliveries, there would be about one delivery a week. Mr. Stock stated the reason he chose this site is because it is close to his home and it is an ideal location for starting a business. It is an affordable property. The proposed office is about five years into the future. Right now his office is in his home. Ms. Modig stated that as far as the odor experiment, she was at the site at the time of the experiment. Part of the problem with the experiment was that the street was being sealcoated, so there was more odor in the.street than there was at the site. She could not detect any strong odor from the kettle until she got close to the kettle, and she did not think that is going to be a problem. The lot area is really too small for any kind of industrial"use. Her one concern is the single family homes, even though they are nonconforming. Mr. Dahlberq stated that Mr. Stock has indicated that two kettles is adequate for his business. How much would his business have to grow before he would have to add a third kettle or more? PLANNING COMMI38ION MEETING, AIIGIIST 22� 1990 PAGS 10 Mr. Stock stated there are different types of roofing. Residential roofing is about 50� of his business and will continue to be 50�. The other 40� is commercial. Most of their commercial business has gone to single ply systems which do not require asphalt. Basically the kettles are used for the other 10% which still believes in the four ply roof. But, percentage- wise, it is not a business they solicit. That part of the business is very small, and he did not foresee any need for more kettles. Mr. Betzold asked about future expansion. Mr. Stock stated there is room for expansion. There are nonconforming homes that might be acquired for possible future expansion. If not, a 3,500 sq. ft. building with overhead doors would have a lot of uses for other contractors or trades in the business. Mr. Richard Harris, 6200 Riverview Terrace, stated it was at his urging that the Mayor, City Manager, and Community Development Director looked into the possibility of acquiring the single family homes to make one parcel. He thought it would be a plus for the City and the area to do something right and have one parcel instead of several small parcels. He wanted to thank the staff for their efforts and for actinq so promptly. Mr. Harris stated he has tried to put together a project for the four properties. With the four parcels, he is guessing they could get a 10,000-11,000 sq. ft. building doing a zero lot line on the north boundary line. At the present taxing rate of around $1.10-1.15, it seemed this would generate about $11,500 a year. Ms. Dacy stated staff is estimating between $150,000-200,000 to acquire the four parcels, demolition, and relocation costs. Mr. Harris stated they were looking at just the four lots, not the houses across the alley. The houses across the alley could conceivably be put together in another parcel. Ms. Dacy stated the bottom line is really a policy issue for the HRA and Council. If there is a differential in the amount of increment that is generated and the amount of original HRA investment to clear the site, it will be up to the HRA and Council to decide whether or not they will accept a differential. Up to this point, it has been the City's policy that the increment that is generated must be used in a"pay-as-you-go" approach. Mr. Harris stated he thought the City has to narrow its scope. Perhaps staff could re-examine the acquiring costs of just the four lots. It is his thinking that instead of two small 0 PLANNIN(3 COI�IIKISSION MEETING, AII(3IIST 22. 1990 PAGE il buildings, it makes sense from a platting perspective and for the benefit of this area to have the four lots done as one parcel. Mr. Francis Anderson, 7748 Elm street N.E., stated he lives directly to the north of this property. He has lived here for 45 years, and he is opposed to the special use permit for outside storage and the variances as requested by Mr. Stock. MOTION by Mr. Rondrick, seconded by Mr. Saba, to accept into the record Petition No. 14-1990, a petition in opposition to the variance request by Warren Stock. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. Mr. Betzold stated this petition would be submitted to the Appeals Commission. Mr. John Krall, 19 - 77th Avenue N.E., stated that once Mr. Stock gets his permit for outside storage, what is going to stop him from doing whatever he wants? He stated he is opposed to the variance request and generally opposed to the whole proposal. It is unreasonable to put this business on such a small area. It would be better to combine the parcels into one. Mr. Carl Peterson, Tru Machine, 7791 Elm Street N.E., stated his business is odor control and he felt the study done by staff was not sufficient to determine a potential odor problem. He stated his company has looked at asphalt plants which are different than asphalt roofing, but the potential odor problem is still there. On a particular day when the climatological conditions are right, there might be an odor; and he does not want any odor across the street. . Ms. Dacy stated it is staff's understandinq that the kettle would leave the site cold, that the kettle cannot be heated up on the site. When the kettle is returned, it should return at no hotter than 100-150 degrees F. That is a stipulation the petitioner must adhere to if the Planning Commission and City Council approves the special use permit with the recommended stipulations. Mr. Peterson stated another.concern is what happens when Mr. Stock sells to a bigger company. He stated there'is a dumpster on Elm Street that shouldn't be there. If the City cannot enforce something like a dumpster, how are they going to enforce this special use permit? Ms. Dacy stated that as far as the dumpster, the City recently instituted.a Systematic Code Enforcement Program which they hope will address these kinds of things. The City has been divided into several districts, and staff will be policing the City on a PLANNINa COMMI88ION MEETING, AIIaIIST 22, 1990 PAG$ 12 lot by lot basis. Regarding the enforcement of the special use permit conditions, staff reviews special use permits on an annual basis for compliance. An option the Planning Commission has is to place another stipulation on the special use permit that limits the special use permit to Stock Roofinq only. Any future business would have to go through the special use permit process again. Another option is to request that the special use permit be reviewed semi-annually or annually to make sure things are beinq done properly. Also, adjacent property owners can call the City when they see a violation of the special use permit. Mr. Krall stated he would be concerned about the spillage of hot asphalt on the property as outlined by staff in the staff report. And what is to stop Mr. Stock from heating the kettle at the site? Mr. Dahlberg stated that at 150-200 degrees F., that there would be little likelihood that there or liquid asphalt at the site at any point. Mr. Stock stated that is correct. it would appear would be molten Ms. Lois Anderson, 7748 Elm Street N.E., asked how Mr. Stock is going to get all his equipment on such a small lot without infringing on the single family homes. Mr. Stock stated it is a good sized lot at 14,000 sq. ft. He did not see any problem in storing his equipment on the site. Ms. Anderson stated only three parking spaces are designated on the site. With 5 employees plus himself, where are those vehicles goinq to park? Mr. Stock stated that his employees will park in the rear. The only reason would come to the site would be to pick up a truck. Most employees drive directly to the work site. There will never be any overnight parking. The trucks will be parked inside at night. He did not foresee any parking problem. Mr. Stock stated he could understand the neighbors� concerns. He would have concerns also if someone wanted to put a business in his residential neighborhood. However, the property is zoned M- 2, Heavy Industrial, and he would like to use the property for that purpose. Mr. Stock stated that regarding the concern about the kettles, the kettles will only be used about six days during the summer. He has only used one kettle four days this entire roofing season. He would be happy to show his job sheets to confirm this. Ms. Mary Novack, 21 - 77th Avenue N.E., stated she was at the site when the odor experiment was conducted. She could not give PLANNING COMMI38ION MEETINa, AIIGIIST 22. 1990 _ PAG$ 13 it a true evaluation, because the street had just been sealcoated and there were diesel trucks in the area. Mr. Dahlberg stated he is familiar with Mr. Stock's business. He agreed with Mr. Stock that the amount of roofing that is done these days with tar or pitch and gravel type of construction is very small as compared to other types of roofinq technologies that are used. He believed Mr. Stock when he says he will not expand that part of his business even if his business triples because so few roofs today are built in that fashion. It is probably accurate that the kettles would be not be used more than 4-6 days out of an entire roofing season. Mr. James Rhode, Rhode Lock & Glass, 39 - 77th Avenue N.E., stated they own a small business on the west side of 7738 Elm Street. He had a lot of the same concerns as those expressed by the homeowners. He was not as concerned about the kettles. He stated they had looked at expanding and going through the same process as Mr. Stock, but they decided it was not worth the time to go through the process. His concern would be that if this roofing business doesn't turn out, and they decide to make one big building, then they still have the same problem with 77th Avenue. They have an unvacated alley behind them which is used for parking and access. He stated if a special use permit and variances are granted to Mr. Stock, then the City would have to do the same for his business. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. _ QPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARINa CL03ED AT 9:15 P.M. Mr. Saba stated that, as suggested by staff, the City has ways to limit and address some of the concerns expressed, even if they recommend approval. He wouldn't recommend approval without putting all these stipulations on the special use permit. One of the major concerns is the size of the property; and if the variances are approved, it would be extremely difficult to claim any kind of hardship to expand the property. If the Commission does recommend approval, he would recommend they review the special use permit annually and that the special use permit be for Stock Roofing only. Mr. Saba stated he understands the concerns regarding the odor, but he did not think there would be much more of an odor than that of sealcoating a driveway. Mr. KondriCk stated he agreed. He understood the roofinq business, and the asphalt is a very small part of his business. The use of hot asphalt is too expensive and too time-consuming, and the future is other roofing techniques. He agreed that to PLANNINa CO�ISSION MEETINa, AIIGIIST 22. 1990 PAG$ 14 protect the City, the neighbors, and the petitioner, that the special use permit be for this business only and that it be reviewed annually. Ms. Modig stated due to the fact that the kettles are only going to be used a limited amount of time during the roofinq season, and that there is literally no activity during the winter, she would be in favor of recommending approval of the special use permit, with a review in one year. She stated that sometimes the City has to do things to encourage small businesses. Mr. Dahlberg stated he also concurred. The Planning Commission is not addressing the issue of variances and other issues related are yet to be resolved by the Appeals Commission. If Mr. Stock can build on the site and conform to the setbacks, he can do that without going through the process for variances. So the request is basically for a use that is allowed within the M-2 zoning and a use that inherently needs or requires some type of outdoor storage. If the storage area is handled correctly and it provides the appropriate screening to the adjacent properties, and since the odor may potentially be apparent only a few occasions during a given year, he did not see that the roofinq company is not appropriate within this zoning and on this piece of property in particular. He would be in favor of recommending � approval. Mr. Betzold stated that when they are looking at particular requests such as special use permit requests, the City has to come up with good reasons why it would not be allowed. He has not heard anything at this meeting that would tell him that Mr. Stock should not be allowed to operate this type of business on this property. His concern about the odor was satisfied when he was told that the kettle would only be used a few days out of the year. Mr. Betzold stated what is troublinq him is the Commission's role when they have to take lonq term views of these kinds of things. They are recommending approval for a business to go on a little lot here without regard to what has happened in the surrounding area. Is this really how they foresee the long term development of this area? The City recognizes the houses in this area are nonconforming and will come down some day, but they also • recognize that it is not the City's policy right now to do anything about it. They recognize that some of the tools they have through tax increment financing have been taken away, so he did not see any initiative starting to show it is economically feasible to develop this area. Mr. Betzold stated he wanted to recommend approval of the special use permit. At the same time, he wanted to recommend to the Appeals Commission that they deny the variances so something can be done with this corner. � PLANNIN(3 COMMISBION MEETIN(3, AIIGIIBT 22. 1990_ PAGS 15 Mr. Dahlberq stated he would like the petitioner to consider not asking for some variances, particularly the setback variance. Earlier staff explained that the vehicles would back off the street onto the site, and he did not think that should be allowed. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of SP #90-14 by Stock Roofing, per Section 205.18.O1.C.(12) of the Fridley City Code to allow exterior storage of materials and equipment on Lots 10 and 11, Block 7, Onaway, generally located at 7738 Elm Street N.E., with the following stipulations: 1. Submission of a landscaping and irrigation plan prior to issuance of a building permit. 2. The parkinq area to the west of the proposed building shall be lined with concrete curb. 3. The outdoor storage area shall be ericlosed by a 6 foot chain link fence with slats. The fence shall also extend along the south right-of-way line of the alley providing access to the outdoor storage area. Storage of materials shall not extend above the height of the f ence . 4. All liquids shall be stored inside the building. 5. Submission of a grading and drainage plan prior to building permit issuance. 6. Payment of park dedication fees at time of building permit. 7. Approval of variance request, VAR #90-20 and compliance with stipulations. 8. There shall be no heating of the asphalt kettles on the property or on the adjacent right-of-way. 9. Temperature of the asphalt kettles must be no higher than 200 degrees Fahrenheit when they are returned to the site. 10. The asphalt kettles shall be parked in the northwest corner of the site. 11. The special use permit be for Stock Roofinq only. 12. The special use permit be reviewed in one year. 0 PLANNIN(3 COMMISSION MEETING. AII(3IIST 22, 1990 PAG$ 16 IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated the Appeals Commission will have a public hearing on the variances on September 11 or 25. The property owners will be renotified of that meeting. Mr. Betzold stated that the Planning Commission's recommendation for approval of the special use permit should in no way affect the Appeals Commission's recommendation regarding the variances. He hoped the Appeals Commission could make their recommendation independent of the Planning Commission's action. 4. RECEIVE AUGUST 7. 1990. APPEALS CONIlKISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to receive the August 7, 1990, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOII3LY. ADJOURNMENT: � MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared the motion carried and the August 22, 1990, Planning Commission meeting adjourned at 9:30 p.m. Res ectfully s itted, L n Saba Recording Secretary szaa-� ssass PI.AIdNI1+1G CO?IIdI88I0�T I�ETING �� 9 a � d 9 �� STAFF REPORT APPEALS DATE C�'N�F PLANWNG COMMISSION DATE : September iz, 1990 FRIDLEY CITY COUNGL DATE A�p sD/dn REC�UEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG UTLRIES PARK DEDICATION ANALYSIS FlNANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATIO� PLANNWG COMMISSION RECOMMENDATION P . S . 4�90-05 City of Fridley and Dan Sullivan To plat a parcel into two tracts to rectify complicated legal descriptions. South of and adjacent to 1161 Regis Lane N.E., including the Regis Lane right-of-waq. 80.46' deep by 665.36' long R-1, Single Family Dwelling R-I, Single Family Dwelling on E, S and W; North Park School on N. N/A N/A N/A Yes None Approval P.S. 4�'90-OS Dan Sullivaa S//2 SEC. 24, T. 30, R. , � :J. �� , -=�M � 2 ��1,.�:..�� -�� i.� r .P � :;� : �� : � -,� -F� �rwi ..LYNOE GRIVE -r� :;� g „'- M> � � ;+ �:� .:. . - ,, � D / / .. ' t�n ' . M i+� e� 1 a ' � 't � 'e 't e � Be <w, en – 9 y ti+� — � � �"i{�'w.�.s.n.a� ; p ' ne � ru — • �l t ()r � �'d i — o '' ' $U VISION '"""" ,�� ' ,:..e� g { .ti �n •> �— �.,.� , c.: 7 . •;� �. � M �- � _ G:aal ..8-' 'd I �' s.i � �.. �'� � ' ._T-.. ..'`""""..:� .' >i ^""" _.._.�_. .'"'_''b. ""' e L /:9Je/ 9 -- -,T- I , ----- . 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'• ';.. .•, •- ^�.� s: ;y.b,. �� .,��,-:;:.. p � �O �'r iL0 1. �." �;. :. ��i- ti . . . . •. ,: : : �N�w - =roo �f,e�t ~� ".-�: : .; s�.`� . , . : � . . . :,:.:.` _ - =: a: : • �.,:."�'.A- `' .�•t: . o� IRDN MCN�1Mt�iNT SQ� IMa,RKRC .; �. . O`� MIN. Ri6Ab�'�CO►!{OIr N�•�115 _� ' co�t ouRPoxs ce �as ��Wtua�,� �" ;,� � R1� bp�trll u►�1�t�TKG 11yz,!7N'1�+:`�s •.. :- .�rL L'i T b0 R 7!i � M's A'�'�"�� '� �' '+' °` To E7G�16-1IEH'1�y�CQ`•Mi� ''' �.• `�t•a{r • , V. �.o-��. i �• t� 4 f� _ . .. . i st�a.lsM'• � ,r7�� SITE PLAN i _w -7� aT` ,�� !3 ��Y� �� s �9�� . �a� ��o;� + :9 a��; ; �i "aQ ^as, i _- �� a�� '�� ?� ��d ^` 3�6 :�3i� n� 'R'$ �:�°� � :sa �a ��:.°.' ��YB' ��# m �a ._� �': � �83 -�!_'g � �� I;��-��; : �: -.�a_�e� � i� �o`�a��3�i: .s , � O O � � W > 0. VI � Z Q � � � � � � r» .�� :: . ;.,. .a. �: f i-- .- � � :.-• � � ::; I'; �. .J '_ r __ _.' .r r f� _'_ _ 3_ � ��-- r- �•_'t__ � i� � j:� � '� �� ': $ 3 �� 2 ��°a ! =� � �$: i�. g s� s9•� _ i= � ia� � a g S:� : :� � � � z� " a; ! I � i= �s' i8:6 = , - �s _ &�� a i= i�a�� a �� I � �S :g �� • $3��; � -�� ' Ya, � � - '•'•�� : I 3 �. : g=l 3�88= s' � I�� ' �s- s � . a� $ � a�$�$ +.�=��o : � �=•a3 � ;�yE3 � ' � ., a38a .. ��Y$ ? s � I 3?�= '^ �a��s � ' ' N � ��z� �� .:_� _ .,� � �j�a� � � 3� 3�� b� .a ; � .�:� .°.a 3 �� :�s:i s� af_s� os I '.`i�..%i._.: .:.�'i ..:•:,ti � � �J » �;:l;C,'r �%: :i! •..1��`.f.l -y ( `�, , : .. .. . - s�•�wwa►•�r'�a�+'•�n ar .-�•►s•:. OL'SE1 :?'11t10S `\ � � ; � ; +; �I I I J I tT ;•1 .� �I I " , �. s , / t';. N I 'r I I•`:= .., A I r � :a .., � � �. x �� . � �ow !) ` i. 1 � � � ,J � � . :i �: Y I� I � . � •J • � Ii I .�i ;J � �7 = 3 � I _-°�� s.. ; �.'�� A t �' �'" L:i : P a :� �� •� O ::' � I ;t ► ~ ;.. '� �) 3� •f I � . � :.J � � i $._ '� � I .; � �' � • � '"'� I , t � ; � -a � � � �.: .. .� � .l� � 3� � `+ "' d3 � � ' .'1��+ ( �w II • ��'� ..+ xn � I I �� • I � I P.S. �90-05 Dan Sullivan I a � � ' I � I 'o .I � a � � � te L� r a I' $ �� Y ,, ''3 .< � ,:. 1 9 i �� s � •� J , �� .� � % J s� e • 11 _ �� : �� : � � � d �� $ •� a � a� �� FIN�►�. PLAT .� CITY Op BRIDLEY PI�ANNIN3 COZ4tI88ION �$TINa, iIl►Y 17 � 1989 CALL TO ORDER: Chairperson Betzold called the May 17', 1989, Planninq meeting to order at 7:30 p.m. ROLL CALL: Members Present: Donald Betzold, Dave Rondrick, ean Saba, Sue Sherek, Alex Barna, Paul ahlberq Members Absent: None Others Present: Barbara Dacy, Planni Coordinator Michele McPherson, anninq Assistant Dan Sullivan, 11 Reqis Lane Pam Iiengel, 593 - 6th Street N.E. Reith Poppe en, Keith's Auto Body Mike Thomps , 10501 Fillmore St. N.E. R. W. Par nson, Phillips 66 L. E. ker, Phillipa 66 Arlin llison, Phillips 66 Jim ilippi, North Star Enq. - Phillips 66 ( e attached list) OM T�ON b Mr. Kondrick, seconded by Mr. Saba, to approve the May 3, 198 , Planninq Commission minutes as written. IIP A VOIC$ VOTg, ALL VOTIN3 AYB� CSAI1tPERSON BETZOLD DECLARED THS TION CARRIED IINANZMOIISLY. l. PUBLIC HEARING: CONSIDERATION OF A PRELIMINP,RY 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, lyinq southeasterly of the followinq described line: Commencinq at the Northeas� corner of said Lot 8; thence westerly alonq the North line, 255 feet; •• therice southwesterly 62 deqrees 14 minutes 40 seconds, deflectinq to the left, to the South line of said Lot 8 and there terminatinq. Toqether �ith that part of Lot 9, Auditor•s Subdivision No. 25, Anoka County. 1Kinnesota, lyinq northerly of the followinq described line: Commencinq at the Northeast corner of said Lot 9; thence south alonq the East -�. ._..�- .: ,,, - - :� - _ �:; - .�- .� _ � � � pLANNING CO1�IIrII88ION 1KEETZN� 1�iAY 17 1989 - pAd$ Z line of said Lot 9, a distance of 49.4 feet to the actual point of beginninq; thence deflect to the right in a northwesterly direction, along a line to its point of intersection atith the North line of said Lot 9, said point being 335.8 feet west of the Northeast corner of said Lot 9 and there terminatinq, qenerally located at 1161 Reqis Lane N.E. MaTION by Mr. Kondrick, seconded by Mr. Dahlberq, to waive the readinq of the public heazinq notice and open the public hearinq. �FON A VOIC$ VOTB, ALL VOTING 71YS� CSAIAPBR80N BETZOLD DECLARED TH$ MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the property is zoned R-1, Residential Dwelling District. The petitioner is proposinq to plat and split part of Lots 8 and 9 to create two lots. A house and fenced pool exist on Lot 1 of the proposed plat, and his dauqhter plans to build a house on Lot 2 of the proposed plat. Ms. McPherson stated there is a ravine with mature oak trees in the northeast corner of Lot 2. The neighbor to the northeast is concerned that there be little alteration of that ravine in the construction process, so one of the stipulations for the preliminary plat limits construction to above the 952 foot contour. She stated Reqis Lane curves up to the intersection of Regis Drive to the east, so the Enqineerinq staff is recommendinq the driveway to the new single family home be placed as close to the westerly lot line of si� ht lines to the RegisnLane/Reqis Drivet intersectiona improve the q Ms. McPhersonroval of PaS� #89r01 w�ith the followinqistipulationsn recommend app 1. There shall be no gradinq below the 952 foot contour on the northeast corner of Lot 2. 2. The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. Ms. McPhers�at shou d run pretty closeCto the 952 fo t contour.t 33 feet so Mr. Sullivan stated he lives o$ � Qi r fa�mi y home on the second dauqhter will be constructinq lot; however, she has no house plans at this time. He stated he has one complaint and that is that Reqia Lane is not shown on�o g City's half section maps. 8urve ed�P �ea stated that� after 20 money to have hia property Y years, it is about time the City put Reqis Lane on the map! i �� s \� pl,p�I�TIdZN3 CO1�IIriZ88ION 1�EETIN3, lIAY 17. 1989 - PAG$� OM TZON by Mr. Kondrick, seconded by Mr. Saba, to close the public hearinq. ppp1�1 !! VOICS VOTB � ALL VOTIN3 DYS, CBAIRP$R80�T HETZOLD DECLARED THB PIIBLIC HEARING CLOBED AT 7s45 P.M. aM TION by Mr. Rondrick, seconded by Ms. Sherek, to recommend to City Council approval of Preliminary Plat, P.S. �89-01, Sullivan's Overlook, beinq a replat of that part of Lot 8, Auditor's Subdivision No. southeasterl 25, Anoka County, Minnesota, lyinq Y of the followinq described line: Commencing at the Northeast corner of said Lot 8; thence westerly alonq the North line, 255 feet; thence southwesterly 62 degrees 14 minutes 40 seconds, deflectinq to the left, to the South line of said Lot 8 and there terminatinq. Together with that part of Lot 9, Auditor's Subdivision No. 25, Anoka County, M3nnesota, lyinq northerly of the followinq described line: Commencinq at the Northeast corner of said Lot 9; thence south alonq the East line of said Lot 9, a distance of 49.4 feet to the actual point of beqinning; thence deflect to the riqht in a northwesterly direction, alonq a line to its point of intersection with the North line of said Lot 9, said point beinq 335.8 feet west of the Northeast corner of said Lot 9 and there terminatinq, generally located at 1161 Regis Lane N.E., with the followinq tWO stipulations: l. 2. There shall be no qradinq belo�r the 952 foot contour on the northeast corner of Lot 2. The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. �PON A VOICS VOT$� ALL V'OTIN3 IIYE� CHAZRPBRBON BETZOLD DECLARED THE MOTION CARRIED IINAIIIMOIIBLY. Ms. Dacy stated at their June 5th meetinq, the City Council will probably establish a public hearing date of June 19th for the final plat. , 2• PVDLiC. ril'�AKI �7� :.Vl\r71L�+�vasav.. __ #89-07. BY PAUL J. HENGEL:_ Per sect a cesso �� buildi q on Lot 7 ri lock 4,t Bo y Addition, a second rY •• the same beinq 5932 - 6th Stre .E. . oTIO by Mr. Rondrick, secon by Mr. Barna, to open the public hearinq. IIPON A VOICB VOT$� OTIN3 llY�� CSAIRPSR80�T BETZOLD DECLARED TH8 PIIBLZC HEARZNd OP AT 7t�6 P.l�. . � FRIDLEY CI'"� COIINCIL I�BTIN3 OB JTl1Q� 19, 1989 PaQe 2 / APPROVAL OF MINUTESs G�UNCIL MEETING � 5. 1989: MOTION by Councilman Schneider to approve the m utes as presented. Seconded by ee declared the motion carrie a un nimoualy.all votinq aye, Mayor N p�DOpTTON OF AGENDA: The followinq itema were added the aqenda: (25) Consideration of Chanqe Order No. 1 to the ars Contract for Appliances for the Municipal Center and (26) eivinq a Letter from Kerry Van Fleet, Fridley Chamber of Comme e, Commendinq City Staff for their work durinq the 49er Celebr ion. MOTION by Counc above additions vote, all vo unanimously n Fitzpatrick to adopt the agenda with the Seconded by Councilman Schneider. Upon a voice aye, Mayor Nee declared the motion carried �e was no response from the audience under this item of iness. PUBI,IC HEARING• 1. CONSIDERATION OF A FINAL PLAT P.S. #89-01- SULLIVAN'S OVERLOOK. BEING A REPLAT OF PROPERTY GENERALLY LOCATED AT 1161 o�rTg LANE N.E. S D SU ' MOTION by Councilman Schneider to waiic hearinqinq °Seconded lby hearinq notice and open the Pu1�1 Councilwomed th emotion cairied nanimously ndl the publicehearing Nee declar opened at 7:44 p.m. Ms. Dacy, Planninq Coordinator, stated it is a request to split the lot at 1161 Reqis eLane lots is the s te wher� a new home willgbe h o m e a n d t h e e a s t y constructed. � . Ms. Dacy stated the Planninq Commission recommended approval of the preliminary plat subject to two stipulations which she outlined as followe: (1) there shall be no grading belo�t the 952 foot elevation contour on the northeast corner of Lot 2 and (2) the access to Lot 2 shall be toward the westerly side of the lot and shall be hard-surfaced. � e a - ^,' • r IDLB C TY COtTNC2L 1+I88TING O! J�N'S 19. 1989 paQ�� Mr. Sullivan Btated he had no problems with the first stipulation, but felt it was unnecessary to insist the qaraqe be on the west side of this lot. Ms. Dacy stated the Commiseion was concerned about traffic safety. she stated there is a rise in elevation which continues to the intersection and it was felt, with the driveway on the west, it would be easier to Bee vehicles approachinq. Mr. Sullivan etated this is a school zone area so traffic should be movinq at reduced speeds. Councilwoman Jorqenson stated there is some difficulty in exitinq the driveway of North Park School and seeinq traffic cominq on Reqis Lane. She etated she tends to aqree that if the driveway was on the west side, it would make for an easier eqress. Mr. Sullivan stated he hated to be locked in to where the driveway is located. Mayor Nee stated it.did not eeem there is that larqe a volume of traffic in the area. No other persons spoke reqardinq this proposed plat. MOTION by Councilman Schneider to close the public hearinq. Seconded by Councilwoman Jorqenson. IIpon a vofce vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearinq closed at 7:51 p.m. OLD BUSINESS: 2. MOTION by Councilman Billings to waive e readinq and adopt Ordinance No. 925 on the Becond read q and order publication. Seconded by Councilman Fitzpatrick. pon a voice vote, all votinq aye, Mayor Nee declared the moti carried unanimously. NEW BUSINESS: 3 � �F.(_'F.TVING THE - JUNE 7. 1989: A. � 0 R`�� . � � STAFF REPORT APPEALS DATE ��'� �F PLANNING COMMISSION DATE : September i 2, 1990 F[ZIDLEY CITY COUNCIL DATE A�R �/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONWG ADJACENT LAND USES 8� ZONWG �$ PARK DEDICATION ANALYSIS FlNANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERAT{ONS STAFF RECOMMENDATION APPEALS RECOMMENDATIOI PLANNWG COMMISSION RECOMMENDATIO� � P.S. ��90-04 Dayton-Hudson Corporation To split off a portion of M.T. Properties' property that is currently railroad right-of-way. Generally located at 71st Avenue and Highway 65 53,040 square feet; 1.2176 acres N/A No zoning M-2, Heavy Industrial to the South, North, and Nort- west; M-1, Light Industrial to the Northeast; Locke Park to the Soutwest $.023 per square foot ($1,219.92) Yes Yes Approval with stipulations 0 s• Staff Report P.S. #90-04, Target Stores, Inc. Page 2 Request The Dayton Hudson Corporation is proposing to plat a portion of the M.T. Properties railroad right-of-way. The parcel is less than 2.5 acres and is described by a metes and bounds description. The parcel will be combined for tax purposes with the Target Northern Distribution Center plat and will be used to provide a parking area for trailers and trucks. Site The parcel to be platted is generally located at the intersection of 71st Avenue and Highway 65. It is located between the PennzOil property and the Target Warehouse and lies north of the M.T. Properties railroad tracks. There are high voltage power lines running alonq the south property line of the parcel, and the parcel is currently vacant. The parcel does not have a zoning designation at this time, but property to the north and south is zoned M-2, Heavy Industrial. Analysis As required by the subdivision ordinance, a parcel of less than 2.5 acres and described by a metes and bounds description is required to be platted by the property owner. The parcel is approximately 1.22 acres in area, and will be used by Target to provide parking for trailers and trucks in addition to providing access to several loading docks along the south portion of the warehouse building. The property is currently right-of-way for the M.T. Properties railroad, and therefore, currently does not have a zoning designation. The petitioner will have to process a rezoning application to rezone the parcel to M-2, Heavy Industrial. The parcel does not meet the minimum lot area of 1.5 acres, nor does it meet the minimum lot width requirement set forth in the M- 2 district regulations. The parcel must be legally combined with the adjacent platted parcels in order to avoid creating a separate parcel of record. The landscape plan for the Target warehouse expansion indicated that 70 lilacs and 3 Amur maple were to be planted along the south property line. These plant materials should be moved to the new property line. In addition, staff is recommending that Boston ivy be planted along the fence to provide increased screening and bufferinq. The parking area will need to conform to the zoning code requirements. � Staff Report P.S. #90-04, Target Stores, Inc. Page 3 Recommendation and Stipu�ations Staff recommends that the Planning Commission recommend approval of the plat to the City Council with the following stipulations: 1. A landscape plan which providea for screening and buffering of the adj acent park property and from Highway 65 shall be submitted for staff approval prior to construction of the parking area. Planting materials shall include 70 lilacs, 31 Amur Maple, and Boston ivy shall be planted 24" on center along the fence along the south property line. 2. The parking area shall conform to the zoning code requirements and shall be constructed such that the hardsuface shall be 5 feet from the south property line. 3. The pallets currently stored at the south side of the building shall be either relocated to another location on-site or shall be stacked not to exceed the height of the fence. 4. Slats shall be installed in the fence where landscaping does not screen the storage area. 5. The property shall be cleaned of construction debris and miscellaneous building materials. 6. A park fee of $.023 per square foot shall be paid by the petitioner prior to construction of the parking area. 7. This parcel shall be combined with the Target Northern Distribution properties. � n P . S . 4690-04 Target Stores Dayton Hudson Corporation Richard Brooks 33 South Sixth Street P.O. Box 1392 Minneapolis, MN 55440-1392 Target Stores Inc. 7120 Highway 65 N.E. Fridley, MN 55432 Mortimer Sturdevant 7301 Able Street N.E. Fridley, MN 55432 MT Properties, Inc. Gordon Forbes 475 Cleveland Avenue North Suite 305 St. Paul, MN 55104 Wayne Thompson 7339 Able Street N.E. Fridley, MN 55432 Wayne Thompson 7341 Able Street N.E. Fridley, MN 55432 David Halek 10901 Eagle Street N.W. Coon Rapids, MN 55433 Current Resident 7327 Able Street N.E. Fridley, MN 55432 Current Resident 7313 Able Street N.E. Fridley, MN 55432 Current Resident 7315 Able Street N.E. Fridley, MN 55432 Mattson Properties 7325 Able Street N.E. Fridley, MN 55432 Lynch Machine Shop 7345 Baker Street N.E. Fridley, MN 55432 Planning 8/24/90 MAILING LIST Council Donlyn Manufacturing Current Resident 7331 Baker Street N.E. 7315 Baker Street N.E. Fridley, MN 55432 Fridley, MN 55432 Foursome Company 7331 Baker Street N.E. Fridley, MN 55432 Rurt Manufacturin.g 7191 Highway 65 N.E. Fridley, MN 55432 Kurt Manufacturing 5280 Main Street N.E. Fridley, MN 55432 Tillie Berglund 7112 Central Avenue N.E. Fridley, MN 55432 Donald Harstad 7151 Highway 65 N.E. Fridley, MN 55432 Wade Norton 835 Columbus Road Minneapolis, MN 55418 Kenneth Kowalke 1152 Norton Avenue N.E. Fridley, MN 55432 Charlotte Gray 1170 Norton Avenue N.E. Fridley, MN 55432 Rory Anderson 7091 Highway 65 N.E. Fridley, MN 55432 Rory Anderson 809 Ridge Street N.E. Fridley, MN 55432 Finaserve Inc. 7298 Highway 65 N.E. Fridley, MN 55432 Foursome Company 7301 Baker Street N.E. Fridley, MN 55432 William Kuether 6982 Aighway 65 N.E. Fridley, MN. 55432 Current Resident 5628 Taylor Street N.E Fridley, MN 55432 Penzoil Company 7000 Highway 65 N.E. Fridley, MN 55432 Pennsylvania Oil Co. P.O. Box 2967 Houston, TX 77001 Ashland Oil Co. P.O. Box 1400 Lexington, KY 40512 Ashland Oil Company 7299 Highway 65 N.E. Fridley, MN 55432 Ralph Klingl 7364 Able Street N.E. Fridley, MN 55432 Marion Matson 7344 Able Street N.E. Fridley, MN 55432 James Grega 7330 Able Street N.E. Fridley, MN 55432 Roger Samuell 7316 Able Street N.E. Fridley, MN 55432 Finaserve Inc. Stephan flodges 8350 N Central Expressway 895 - 73rd Avenue N.E. Dallas, TR 75202 Fridley, MN 55432 � P . S . �f�' 90-04 Target Stores Page 2 Richard Lassen 7301 Van Buren Street N.E. Fridley, MN 55432 Wayne Prochniak 7305 Van Buren Street N.E. Fridley, MN 55432 Rex Allen Osterbauer 7331 Van Buren Street N.E. Fridley, MN 55432 Jonathan Lindquist 7345 Van Buren Street N.E. Fridley, MN 55432 Marilyn Becklin 7361 Van Buren Street N.E. Fridley, MN 55432 Willis Erickson 7341 Memory Lane N.E. Fridley, �IlV 55432 Irving Twito 7310 Memory Lane N.E. Fridley, MN 55432 Arlyn Jordan 7300 Memory Lane N.E. Fridley, MN 55432 Ronald Rillian 7301 Concerto Curve N.E. Fridley, MN 55432 Arthur Jytyla 7311 Concerto Curve N.E. Fridley, MN 55432 Kermit Dahlke 7321 Concerto Curve N.E. Fridley, MN 55432 Robert Nielsen 7331 Concerto Curve N.E. Fridley, MN 55432 James Sweeney 7320 Jackson Street N.E. Fridley, MN 55432 Reith Bellefeuille 73'.0 Jackson Street N.E. Fridley, MN 55432 James Marquette 7300 Jackson Street N.E. Fridley, MN 55432 D. Vegel 7341 Jackson Street N.E. Fridley, MN 55432 Richard Pearson 7331 Jackson Street N.E. Fridley, MN 55432 Maryrose Hegland 7321 Jackson Street N.E. Fridley, Ml�ii 55432 David Kiefner Evangelical Free Church Resident/Gary Cooper 7331 Memory Lane N.E. 755 - 73rd Avenue N.E. 7311 Jackson Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Constance Ahrens David White Charles Smith 7321 Memory Lane N.E. 7312 Van Buren Street N.E.7301 Jackson Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Bennhard Hedlund 7311 Memory Lane N.E. Fridley, MN 55432 Arlen Hallberg 7301 Memory Lane N.E. Fridley, MN 55432 Janet Belstler 7330 Memory Lane N.E. Fridley, MN 55432 Harstad Office Building 7101 Highway 65 N.E. Fridley, MN 55432 Jack Hokenstrom 7320 Memory Lane N.E. Fridley, MN 55432 Planning Comm. Chair City Council Members Lester Lee George Johnson 7300 Van Buren Street N.E.7358 Van Buren Street N.E. Fridley, MN 55432 Fridley, MN 55432 Lawrence Hoekstra Clyde Hurt 841 - 73rd Avenue N.E. 7344 Van Buren Street N.E. Fridley, MN 55432 Fridley, MN 55432 Bradleq Baldwin Charles McKusick 7340 Jackson Street N.E. 7330 Van Buren Street N.E. Fridley, MN 55432 Fridley, MN 55432 Elis Rari Fridley Business Center 7330 Jackson Street N.E. 500 - 73rd Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley Business Center Current Resident 1201 Marquette Avenue 4�110 7349 Able Street N.E. Minneapolis, MN Fridley, MN 55432 Stanley Meinen Current Resident 3223 W. Owasso Blvd. 7351 Able Street N.E. Shoreview, MN 55112 Fridley, MN 55432 � r. v� co�Ne� 9fC. /2 ' J U � 32 P.S. �t90-04 Target Northern Distribution 2nd S //2 SEC. ��TY of I � ___ __l- , ...�. - --- . r�. . , . =;.—;. � �p ..:.. � .�nn s � ... .._ o i Z � � 1 �� ' � � -- ii I �� nucr •'� . �,r - i:"�i" '�- � ,y''r� � '�' ��i � �A MIC►O � , a .,...., , , � � '�trw� Et � � ' . O ; � _ --i�il��" J. 1. � ; . ..w ..�.r+r.. my iil �"'� 4 ; �~ AU T R _____'� x , .e. . r.,... N 89 t9 ,ry � _ ��, � ,,., 4 ... ,a. �;.., '5 W °- ,..^.. �' . � �p ; . Y Z '— : Q �n. � M . �M mn rni rn� �...' � 0 1 I �� I' . � i i. __ - n . - «• ' ,,,� 1 .�,.�. . .�.. i t� '� Ni �: � ,a� �+sr: `� 10 ..� . i �ni 13. o t -- _ � ' � -- i ' _ " -_� �� y �"-�T¢� - ' '-r___ • � Z � O�ry4 �� - • i . _ > ` �/y a `y_ �/ .h � y "' IiVOI _ _ � � � � � ,•I� _ - _ ' ' _ �!!� � r � � � • E2•'C _ \ 0 � a� �� / i • • � � ��A 1 � � ' � I s W • �1i Q ' . � N � j a � \ _ - R. L. S. .� ! � -� =- � �� ... r» n s.,.«• � � � ;`� r .,. • � IMrI �r� l/`I �I 1` / d� 34 �ocAT�c�N nn�r P.S. �90-04 Target Northern � lj�b .e,�i' I�a,r�.�.i J ZONING 11AAP - -• , .._ . . • •--- . - - • - � � P . S . �'� 90-04 . Target Northern n Distribution 2nd �� n a� .�rrn �.ru �arts a.� aa�.asi t i a ��___—� � �� ° �l � � � t s �i � W � � ,� � � � Z � '� i�s � u ' � � .- � •� . + � a � °' ` li �a � � 0 0� _ � m ' ~ . '' _ � � � : �_ � ` . :i � �; , � • J � �'r � � ;� � ,� � � � �� Y • o i� .I Z � �� _ . . �� , . � ,� � � =}'I o �� , � . t � . . t h � .� ' � �i'ia� ..�'lJ.S'l� -- � � � �� . • � ' , � � r � .. -- -_._�. . � . ' � ��t� �s�� ii � h� • � t� �� '- � � � '� � � � � � f � ' � � - '� �, �, � �� . �� II �4f � �9� � G�i� �� i�� 3•1 � � . �)� �! . -�+�� 1 t � � 0 �ITE �L.AN ,, r �o � STAFF REPORT APPEALS DATE C��QF PLAf�VWG COMNqSSiON DATE : September i2, 1990 FR! DLEY CITY COIJNCIL DATE Au�►�+oR �/ dn REC�UEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG U'TYITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8� ZONWG ENVIRONMENTAL � CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION ZOA ��90-OS A1 Schrader To rezone Lots 7, 8, and 9, Block 1, Central View Manor 7355 Highway 65 N.E. 36,000 square feet M-1, Light Industrial ' R-4, Mobile Home Park to the north; M-1, Light Industria 1 to the east and south; Highway 65 to the west Yes Yes Approval with stipulations � Staff Report ZOA #90-05, Al Schrader Page 2 Request The petitioner, A1 Schrader, is requestinq that Lots 7, 8, and 9, Block 1, Central View Manor be rezoned from M-1, Light Industrial, to C-3, General Shopping. The petitioner has also applied for a special use permit to allow automotive uses and exterior storage on these and adjacent lots. Site The three lots are located north of 73 1/2 Avenue and west of and adjacent to Central Auto Parts. The lots are currently vacant, and veqetated with "scrub" materials. The parcels to the east and south are zoned M-1, Light Industrial. Parcels to the west and north are currently zoned C-3, General Shopping. Analvsis The lots were zoned M-1, Light Industrial in 1979 at the request of two petitioners who were interested in constructing a contracting business. The City approved the rezoning, but the business was never constructed. The present petitioner intends to add these lots to the adjacent lots to the north and west. Rezoning the lots would �be consistent with the adjacent land use to the west and south; the Rapid Oil site is zoned commercial, as is the City Sports parcel. The Super America parcel, while not zoned commercial, is more of a commercial than an industrial use. The Central Avenue Cor�idor study in 1989 recommended that the parcels along Highway 65 which are currently zoned M-1, Light Industrial, be rezoned to one of the three commercial zoning designations. This recommendation was based on the current land uses on these parcels, the lot sizes, and the location of these parcels along Highway 65. Recommendation and Stipulations As the rezoning request is consistent with adjacent zoning and land uses, as well as the recommendations of the Central Avenue Corridor study, staff recommends that the Planning Commi'ssion recommend approval of the rezoning request, ZOA #90-05, with the following stipulations: 1. The parcels shall be combined for tax purposes. 2. The special use permit request, SP #90-15, shall be approved. ZOA 4�90-OS & SP 4�90-15 A1 Schrader A1 Schrader 5501 Lakeland Avenue North Crystal, MN 55429 L � G Properties James London 7401 Central Avenue N.E. Fridleq, MN 55432 Brand-Broadwaq Associates 7400 Highway 65 N.E. Fridley, MN 55432 Brand-Broadway Associates 16255 Ventura Boulevard Encino, CA 91430 Fireside Rice Bowl Oliver Tam 1160 Fireside Drive N.E. Fridley, MN 55432 Park Plaza Mobile Court 1130 Fireside Drive N.E. Fridley, MN 55432 Central Auto Parts 329 Bunker Lake Boulevard Ham Lake, MN 55303 Central Auto Parts 1201 - 73 1/2 Avenue N.E. Fridley, MN 55432 Harold Haluptzok 16971 Ward Lake Drive Anoka, MN 55303 Family Mobile Homes 7355 Highway 65 N.E. Fridley, MN 55432 Alvan Schrader 2715 Medicine Ridge Road Plymouth, MN 55440 Falck Properties 1135 - 73rd Avenue N.E. Fridley, MN 55432 Ealck Properties 2446 Bunker Lake Boulevard Anoka, MN 55303 MAILING LIST Ashland Oil Co. 7315 Highway 65 N.E. Fridley, MN 55432 Ashland Oil Company 3499 Dabney Drive Lexington, KY 40500 Planning g/24/90 Council John Buzick 1159 - 73 1/2 Avenue N.E. Fridley, MN 55432 Buzick and Flaherty 1201 - 73 1/2 Avenue N.E. Fridley, MN 55432 Limpro Inc. 1223 - 73rd Avenue N.E. Fridley, MN 55432 Planning Commission Chair City Council Members , , � �r ;- � )N N //2 n ZOA �90-05 A1 Schrader SEC. /2, T. 30. C/TY Of FR/OLEY 2 1- --1- i2 r- -� o. �, / a..s (.w 4.f w�e.�i �1 )N I 24 � .�, �y, � �' .�' � :°�`i�.. ..� ��. NQ 2L' � �'.. 24 � 3 13 L�CATION MAP � m � P.S. ��90-05 A1 Schrader ZONING IVi�1� � � � ��e e � 9 ii 5i iR: �� i�6 $ ! 1! !! I!# !! . : �e ' ii sp! J� � o yee �� g� � � cE c- � �� i� � i '�; ;�; t� �. j a ' ��o / s� � ie,W. ._ . _ - . �+ri aNnoe ruuoM `. - - - � 99 AIIMHOIH . • P.S. 4�90—OS A1 Schrader �� ;� Nl N �� 5 d -- --- �u � SITE PL/�N . � , � � � � �,� �� ;�� - � �� s �� ; � �.� � t� �i� �� < a s o u e �u � e z < . ,..�a._. � f� � i�. �� W � N o. ` �. 5� - `• - o � o . / � � �`^ � !:i 'II�'r' ` � III�\J� �� f .�,�i � . : : � , �� ; �-�y+'�T�'�►� I�I � � �.�.:� � �:��J � j ,�,.�� ,. -,;:��J �� I � - �� '� �� I i— �� !�� ;�� °� .::. _ �' � � �... 3Nrl GNf10B M1tlON Qe Avn�►�o�N P.S. �90-05 A1 Schrader ,W :> � .� .« �� H1 N � z� — s� W ° a < V N O Z < J LANDSCAPE PLAN Exerpt from Central Avenue Land Use Study - 3 - 8tudy MetDods Staff collected zoninq history data, reviewed the building permit files for the aqe of structures, reviewed traffic counts alonq Old Central and intersecting streets, reviewed general drainacje and utility patterns, and identified any unique areas of natural resources. For each phase, staff developed a residential scenario and a commercial/industrial scenario. In �some instances, the recommendation proposed a mixed use approach where one use is Old identified on one side of the street, and another use on the other side of the street. we also met with other department heads for their input and comments. Planniaq Commission Recommendation A summary of the Planning Commission recommendations for each phase is provided below. Phase 1- Rice Creek Road to Rice Creek 1. The east side of Central Avenue between Rice Creek Road and Mississippi Street should be developed in residential land uses, preferably owner occupied single family homes or twinhomes. The west side of Central Avenue in this segment should be developed into commercial land uses. The east side is now zoned C-1, Neighborhood Commercial and would have to be rezoned to R-1, Single Family Dwelling. Staff prepared a scenario of a potential street and subdivision pattern on the east side (we will present an aerial photo of� this proposal at the meeting). On the west side, the new Advance Company's development and the Moore Lake Commons Shopping Center provides a strong coaunercial identity. The Commission recommended that the two remaining vacant parcels on the west side remain zoned as commercial. 2. North of Mississippi Street to Rice Creek, a residential pattern should be maintained. The Bacon Electric and the automotive business in the northeast corner of the intersection should be relocated; however, the existing Country Boy qrocery and the office building across the street can remain to provide a node of neighborhood services. Phase 2- North of Rice�Creek to Osborne Road • .%�� 1. The Commission recommended removal of the junkyards along 72nd and 73rd Avenues including Determan Welding. The area should then be re-marketed as an industrial business center. Alternative street plans should also be considered including vacating 73 1/2 Avenue and constructing an east/west road south of Fireside in between the mobile home park and the . - 4 - industrial area. This would eliminate double frontage lots and encourage storage areas to be located at the rear of properties. 2. The mobile home park should be maintained in its current � location and its appearance should be improved. The Commission suggested another alternative of relocating the mobile homes along Highway 65 to the east and relocate Tam's restaurant along Highway 65 ar along Highway 65 just north of 73 1/2 Avenue. The Planning Commission also suggested moving the existinq park north of Fireside Drive and north of Service Master. 3. The properties along Highway 65 from the SuperAmerica site � south to Rice Creek Road should be rezoned from M-1 to C-2. A majority of these properties are occupied by commercial oriented uses (SuperAmerica, offices, tanning salon, mobile home sales). The Kurt Manufacturing.rezoning represents the first step toward this end. Commercial redevelopment may be more appropriate given the lot sizes and location of these properties along Highway 65. 4. A small multi-tenant commercial strip center located at the southeast corner of Osborne Road and Old Central is substandard in appearance and should be removed and reused as single family home sites. Although the property is a double frontage lot, the access to the sites can be gained from the interior street (Meadowmoor Drive). 5. At the southwest corner of Osborne and Old Central, there is a larqe vacant area now zoned M-1, Light Industrial. The Planning Commission determined that a mixture of R-3 or R-4 zoning should be pursued to promote a young senior project, mobile homes, or other multiple family development. The Planning Commission wanted the City to consider additional mobile homes as it does provide low and moderate income housing and an alternative housing choice. The Police Chief expressed concerns regarding expanding R-4 zoninq for new mobile home sites. The Police Chief reported a number of incidents of speeding violations in the existinq mobile home parks as well as criminal activity. The Planning Coma�ission also recognized that commercial uses may occur at the southwest corner of the intersection given the recent activity at Highway 65 and Osborne Road. Additional commercial uses would provide shopping services vhich the residential area in the northeast corner of the City may patronize versus shopping in Spring Lake Park or Moundsview. � � - 5 - 6. The property south of the American Leqion at the southeast cozner of Onondaga and Old Central should be combined with the American Leqion property for expanded parkinq. The Planninq Commission did not have a strong opinion as to whether or not the multi-tenant commercial building at the intersection of Osborne Road and Old Central Avenue should remain or be removed. 8ummnry - Central �iveaue Corridor The haphazard mixture of zoning and land uses along Central Avenue has tended to create an identity crisis for this area of the community. The Planning Commission's intent to reserve the east side of Old Central as residential and the west side as commercial or industrial is intended to use Central Avenue as a signal or separation between the two different land use characters. The southern portion of the study area has more of the "neighborhood ambience" than the north segment. However, a boulevard improvement approach will act as a unifying element which will connect the different neighborhoods in the area. Installing a bikeway/walkway along the corridor from Osborne to Moore Lake Commons and south, as well as installing appropriate lighting fixtures and other landscape treatments can provide a unique charactez for this area of the community. The residential areas in this part of the community may identify more with surrounding communities rather than Fridley. These neighborhoods should be "connected" to Fridley as much as possible, while having a compatible existence next to �non-residential uses. Implementation Plan These recommendations have been described as "aggressive" and "ambitious". A number of factors influence implementation of these recommendations. Two tax increment districts exist within the corridor. The recently created Onan tax increment district was primarily based on the expansion plans of the existing Onan facility. Therefore, the increment generated from the Onan expansion would defray the public improvements necessary to enable the project to be completed. It is anticipated that Onan will be constructing their expanded facilities in 1990. There will be other increment available from other properties in the district. These monies may be used for cther projects which the HRA has already prioritized. Another factor affecting the implementation of these recommendations is that the HRA has maintained a policy of securing a viable project prior to acquiring property. Acquisition of the junkyards will therefore be dependent on attracting a developer to redevelop these sites. > � �S � STAFF REPORT APPEALS DATE C�-��F p�q�W1N(; CpM(�/qSS�pW ppTE ' September i2, 1990 FRIDLEY CITY COIAVCIL DATE AUTHOR �M/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONWG ADJACENT LAND USES 8� ZONWG UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIUTY WtTH ADJACENT USES 8� ZONWG ENVIRONMENTAL CONSIDERATtONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION � Staff Report SP #90-15, A1 Schrader Page 2 Reguest The petitioner is requesting a special use permit for exterior storaqe and automotive uses. The automotive uses would include car washes, auto repair, auto body repair, etc. The City Attorney has determined that car rental facilities will require a separate special use permit in order to determine the parking availability on the site and signage specific to the rental facility. The request is for Lots 1- 9, Block 1, Central View Manor, and Lot 3, Central View Manor 2nd Addition, the same being 7355 Highway 65 N.E. Site The site is generally located at the intersection of 73 1/2 Avenue and Highway 65. The site is vacant, and is zoned both C-3, General Shoppinq and M-1, Light Industrial. The petitioner is currently processing a rezoning application to rezone those lots that are zoned M-1, Light Industrial to C-3, General Shopping. Located to the north of the site is a mobile home court which is zoned R-4, Mobile Home Park. Parcels to the east and south are zoned M-1, Light Industrial. The City currently owns Lots 1, 2, and 3, Block 1, Central View Manor. Lot 1 is right-of-way for Viron Road, and if the development is approved, the development is the City will be selling Lots 2 and 3 to the petitioner. Analysis Land Use History The parcel has had a history of special use permits for a variety of different uses. In 1974-1975, a special use permit was issued to allow the sale of used cars on the parcel. In 1975, a special use permit was granted to allow the sale of trailer homes from the site. The site is not currently beinq used for either of these two uses. Traffic The proposed auto mall and restaurant use will increase the traffic in the area. Currently, there is access to Highway 65 at the intersection of 73rd Avenue, and also at 73 1/2 Avenue. In 1987, Rapid Oil, which is located at the intersection of 73rd Avenue and Highway 65, applied to vacate the 73 1/2 Avenue right-of-way to provide additional land to increase the lot area for the Rapid Oil facility. The vacation request was tabled indefinitely by the City Council (please see attached information regarding Rapid Oil). � Staff Report SP #90-15, A1 Schrader Page 3 The Minnesota Department of Transportation has indicated that in 1992 in conjunction with the signal upgrade at 73rd Avenue, they will close the median crossing at 73 1/2 Avenue. This would be appropriate as it will increase safety in this area by eliminating one of the full movement intersections. Once the median crossing is closed, a right-in, right-out movement from northbound Highway 65 at 73 1/2 Avenue will still exist. The 73 1/2 Avenue right-of- way should not be vacated until such a time that the Viron Road extension is completed to the north. It has been the City's intent to extend Viron Road past the trailer park. The City at one time attempted to acquire an easement but was unsuccessful. The property owners refused to sell. The City has asked the petitioner to work with the owners of the trailer park in order to acquire additional right-of-way in front of the trailer park to complete the Viron Road extension. The petitioner indicated that he was also unsuccessful. It has been the City's policy not to condemn single family residential properties for public works projects. The petitioner has completed a traffic study of the area in order to address the impacts without the Viron Road extension. The study indicated that the average daily trips generated by the project will be 2,349. Half of those will be into the site and half out of the site. The peak hour trips will be as follows: Morning (6:30 - 7:30 a.m.) Eveninq (4:15 - 5:15 p.m.) In 153 Out 64 201 207 The study also confirms that the 73 1/2 Avenue access should remain open, as it reduces the congestion at the 73rd Avenue intersection (see attached traffic study). At such time when the Viron Road extension is made, the 73 1/2 Avenue intersection to Highway 65 should be vacated by the City. It should be noted that a shopping center is a permitted use in the C-3, General Shopping District. A shopping center would generate twice as much traffic based on information from the Institute of Traffic Engineers. The current right-of-way for the existing frontage road is 40 feet. A 10 foot street easement should be granted to the City in order to obtain the proper right-of-way for the Viron Road project. Site Plan The petitioner has submitted a site plan which meets all the code requirements in regards to parking and setbacks. The landscape plan will require minor adjustments, and the petitioner will need to submit an irrigation plan. In addition, the petitioner will be � � Staff Report SP #90-15, Al Schrader Page 4 required to fulfill the requirements of the Rice Creek Watershed District regarding grading and drainage plans. The special use permit request for automotive uses and exterior storage will require several stipulations in order to ensure minimum impact to the residential neighborhood from odor emissions and hazardous waste handling. There are strict Environmental Protection Agency laws regardinq the odor emissions from painting and auto body repair facilities. In addition, many of the paints and hardeners used in auto paint do contain lead, and therefore, special handling techniques will be required to prevent the spillage of this hazardous material. The petitioner will not be allowed to store junk vehicles on the site. Recommendation and Stipulations Staff recommends that the Planning Commission recommend approval of the special use permit, SP #90-15, to allow repair garages, motor vehicle oil dispensing services, automotive service stations, car washes, and exterior storage, with the following stipulations: 1. The rezoning request, ZOA #90-05, shall be approved. 2. The petitioner shall submit grading and drainage plans of calculations approved by the Rice Creek Watershed District prior to issuance of the building permit. 3. The petitioner shall submit a revised landscape plan prior to the issuance of the building permit, indicating the following changes: A. Reduce the berm at the intersection of 73 1/2 Avenue and Viron Road. B. Add 6 additional Linden trees somewhere on site. C. The wood screeninq fence along the north property line is currently unnecessary. However, the petitioner shall install a screening fence along the north property line if the existing fence should for some reason be removed or damaged. 4. The petitioner shall submit an irrigation plan prior to issuance of the building permit. 5. The petitioner shall dedicate a 10 foot easement parallel to the east right-of-way line of Viron Road to the City. � . Staff Report SP #90-15, Al Schrader Page 5 6. The petitioner shall combine the lots for tax purposes. 7. There shall be no exterior storage of junk vehicles, tires, or trailers. Vehicles waiting to be serviced shall be allowed to be stored overnight, provided they are currently licensed and street operable. 8. Auto body repair and painting tenants shall comply with EPA regulations to control odor emissions and hazardous materials. 9. There shall be no repair of automobiles after the hour of 9:00 p.m. 10. Rooftop equipment shall be screened. 11. The petitioner shall submit a comprehensive sign plan for City Council approval. 12. Tenants which contribute to odor emissions shall be located along the east side of the eastern most building on the site. 13. The petitioner shall apply for a special use permit for any auto rental tenants. 14. A park fee of $.023 per square foot shall be paid at the time of building permit. 15. The petitioner shall work with MnDOT to stripe a right turn lane to 73 1/2 Avenue on Highway 65. ZOA �90-05 � SP �90-15 A1 Schrader A1 Schrader 5501 Lakeland Avenue North Crystal, IrNIN 55429 L � G Properties James London 7401 Central Avenue N.E. Fridleq, I�T 55432 Brand-Broadway Associates 7400 Highway 65 N.E. Fridley, MN 55432 Brand-Broadway Associates 16255 Ventura Boulevard Encino, CA 91430 Fireside Rice Bowl Oliver Tam 1160 Fireside Drive N.E. Fridley, MN 55432 Park Plaza Mobile Court 1130 Fireside Drive N.E. Fridley, MN 55432 Central Auto Parts 329 Bunker Lake Boulevard Ham Lake, l�ff�i 55303 Central Auto Parts 1201 - 73 1/2 Avenue N.E. Fridleq, 1�Q1 55432 Harold Haluptzok 16971 Ward Lake Drive Anoka, NIId 55303 Family Mobile Homes 7355 Highway 65 N.E. Fridley, 1�1 55432 �Alvan Schrader 2715 Medicine Ridge Road Plymouth, I�i 55440 Falck Properties 1135 - 73rd Avenue N.E. Fridley, I�1 55432 Falck Properties 2446 Bunker Lake Boulevard Anoka, MN 55303 MAILING LIST Ashland Oil Co. 7315 Highway 65 N.E. Eridley, I�i 55432 Ashland Oil Company 3499 Dabney Drive Lexington, KY 40500 Plaaning 8/24/90 Council John Buzick 1159 - 73 1/2 Avenue N.E. Fridleq, MN 55432 Buzick and Flaherty 1201 - 73 1/2 Avenue N.E. Fridley, I�i 55432 Limpro Inc. 1223 - 73rd Avenue N.E. Fridley, MN 55432 Planning Co�ission Chair City Council Members � I )N ..� % SP 1�90-IS A1 Schrader N//2 SEC. /2, T. 30, R. 24 cirr oF FRiocEr . 2 n I � __ �2 _- < �� , � aral� F `•� `: �� a �y � � i�r ~ 24 13 `3 LOCATION MAP � � J ,� � SP 4�90-15 A1 Schrader ZONI�IG 11A�►R a 0 �_'�� 9 i� ' ii itl ii� $�� j � It� !! !!! !� . ti s�6 =4 � 6 � °0 �3� �� s �1Eo � ��i6 if �i �i �.� ' �� , � �W� I <'i � N ' � ��. / //WO / yr / : � W ' ..y ' ' _ ' . HNY7 ON1f09 M1tlON ._.— .. ---- ' . . 99 JIVMHOIH' . SP 4�90-15 A1 Schrader N1 N � � � Y 2 5 d _" ___ W E h SITE Pl.�►N 4 F i a � .. � � 3 �� S�� ` � <��¢� i,�.� g7� � W L�6 C �� Rj Le C t < o u o m � e z ..� ,•,,i._ �' I ` J IJ � _ � I � = U � � O I .0 Q � � y Q - � L: ` '<•- _. ;.� _ y O � - W O c � � U � � > O t t Q N W e -- N' j � = �� : � � — O C ` — : : ��y'i? SP 4�90-15 A1 Schrader �� z�'I� �Y ��I ✓ T ��I !116��, ' �' ss �va►HfliH LA Hl N � Z — -- J � a W ° a a U N O Z < J NDSCAPE PL�►N - - - ElYWNEERS 1 ARCHRER51 PLANNERS September 6, 1990 3535VADNAISCENTERQRIV�, ST. PAUL„ MINNBOfA 55110 612 490-2000 A1 Schrader, President Hart Custom Homes, Inc. 5501 Lakeland Avenue North Crystai, MN 55429 Dear Mr. Schrader: RE: FRIDLEY, MINNESOTA A, L, S PROPERTIES RESTAURANT AND AUTO SERVICE MALL N.E. CORNER T.H. 65 FRONTAGE ROAD AND 73-1/2 AVENUE NORTH Thank you for the �opportunity to review future traffic patterns at the proposed Auto Mall in Fridley at the intersection of T.H. 65 and 73-1/2 Avenue North. According to the site plan provided to us, the proposed project consists of 4,000 square feet of restaurant and 26,300 square feet of auto/service mall. The project is bounded by a two lane service road which dead ends at the northerly project boundary, and 73-1/2 Avenue, which is a two lane city street currently having full access to T.H. 65. T.H. 65 is located west of the service road and consists of two northbound and two southbound lanes with paved shoulders and grass median. Additional transportation facilitiea in the vicinity include 73rd Avenue with a signalized intersection at T.H. 65. Seventy-third Avenue is a four lane Municipal State-Aid (MSA) street which has one left turn lane, one through lane and one right turn lane in the westbound direction at T.H. 65. A raised median exists between T.H. 65 and the East Service Road. According to the Minnesota Department of Transportation (Mn/DOT), a signai upgrade at T.H. 65 and 73rd Avenue is pianned for the spring of 1992. Along with this project, Mn/DOT plans to close the grass median at 73-1/2 Avenue. The purpose of closing this median would be to limit left turn movements to and from T.H. 65 at 73-1/2 Avenue as well as to provide uninterrupted southbound left turn storage along T.H. 65 at 73rd�Avenue. This is a practice which is commonly being carried out along many of the trunk highways in the Metro area as Mn/DOT is striving to improve safety and efficiency along these roadways. In order to determine the proposed project's impact at T.H. 65/73rd Avenue and T.H. 65/73-1/2 Avenue, we have determined projected average daily, a.m., and p.m. traffic volumes, at these two intersections. Three scenarios have been reviewed: SHORT ELLIOTT HENDRICKSON INC. SI PAU4 CHrFPEWA FA(L5, MINNESOTA W�SCONSIN Al Schrader September 6, 1990 Page #2 l. Full intersection at T.H. 65/73-1/2 Avenue with the median opening as exists today. 2. Right-in/right-out access from 73-1/2 Avenue to T.H. 65 with the median closed. 3. Elimination of the intersection of 73-1/2 Avenue and T.H. 65. Under this scenario, 73-1/2 Avenue would "T" into the East Service Road from the east. The attached figures show the traffic volumes at these inter- sections under all three scenarios. In order to determine these traffic volumes it was necessary to identify the trip generation created by the proposed project. For the most part, Institute of Transportation Engineers (ITE) trip generation rates were used to determine trip generation of the proposed land uses. However, for those land uses involving the servicing of automobiles, trip generation was determined by applying information gathered from the manager of an existing Goodyear Service Station with respect to the average amount of time required to service a vehicle, the proportion customers who wait for their vehicles as opposed to leaving and picking them up later, and the hours of operation. This information was mainly used for the proposed Goodyear Service Station. Trip distribution for the project was partly determined based on the 1986 intersection counts taken at T.H. 65 and 73rd Avenue. The distribution percentages were modified to reflect the proposed land use and new development patterns in the north suburbs. Generally speaking it appears that much of the employee traffic generated to the vicinity of the auto mall uses 73rd Avenue to get to University Avenue where drivers then travel north to Highway 10. This allows a diversion of the Northtown area along Highway 10 which typically experiences severe peak hour congestion. Therefore, the traffic distribution in and out of the area was estimated as follows: • T.H. 65 to/from the north 15� T.H. 65 to/from the south 20� 73rd Avenue to/from the west 45� 73rd Avenue to/from the east 17� 73-1/2 Avenue to/from the east 3$ Total 100� As shown in Figure 1, the peak hour projected traffic volumes using the median opening along T.H. 65 at 73-1/2 Avenue to gain Al Schrader September 6, 1990 Page #3 access to/from the Auto Mall are relatively low. However, this low volume does not support keeping the median open from a safety and highway capacity standpoint along T.H. 65. This ie mainly due to the high epeed of travei along this major arteriai combined with the ciose proximity of 73rd Avenue. In this situation the short distance between 73rd Avenue and 73-1/2 Avenue results in a situation where drivers turning left from 73-1/2 Avenue may be preoccupied by watching for gaps in the southbound T.H. 65 traffic and may not observe vehicles turning right from 73rd Avenue to northbound T.H. 65. FurtY��z7mo�A, the southbound left turn movement from T.H. 65 to 73-1/2 Avenue has the potential of reducing the capacity of the southbound left turn lane along T.H. 65 at 73rd Avenue. This would occur when a vehicle waiting to turn left at this intersection is blocking other southbound vehicles in the left turn lane from proceeding to the signalized intersection at 73rd Avenue. The right turn movementa at 73-1/2 Avenue do not result in the same level of concern as the left turn movements at this intersection. However, it should be recognized that there may be potential problems associated with this travei pattern. The largest concern revolves around the northbound right turn from T.H. 65 to 73-1/2 Avenue. Northbound traffic on T.H. 65 moves at roughly 55 mph. This high-speed traffic combined with high peak hour volumes will result in drivers who are pushing their speed to get through the T.H. 65/73rd Avenue traffic signal. Therefore, traffic slowing down immediately north of the intersection to turn •right at 73-1/2 Avenue will increase the likelihood of rear end collisions. The existing paved shoulder would be adequate to stripe a right turn lane between 73rd Avenue and 73-1/2 Avenue. This will reduce the slowing of traffic which occurs in the through lane on T.H. 65. Retaining the right-in/right-out of 73-1/2 Avenue and T.H. 65 is recommended due to the fact that this reduces the volume of traffic turning left from eastbound 73rd Avenue onto the east service road. A heavy eastbound left turn movement at this location is undesirable clue to the backup of westbound traffic which stacks on 73rd Avenue at the T.H. 65 traffic signal. During peak hours it is likely that the project traffic added to the existing traffic volume will stack beyond the intersection of 73rd Avenue and the east service road Therefore, reducing the eastbound left turn movement onto the east service road by retaining the northbound right at 73-1/2 Avenue will benefit the system as a whole. Al Schrader September 6, 1990 Page #4 As can be seen in Figures 2 and 3, providing the right turn ingress at 73-1/2 Avenue will reduce the p.m. peak hour volume of traffic turning left from 73rd Avenue onto the East Service Road from approximately 160 to 79 vehicles. A similar reduction is likely during the a.m. peak hour. However, the a.m. peak ia not as critical since the volume of westbound vehicles at the intersection of 73rd Avenue and T.H. 65 ia significantiy less than during the p.m. peak hour. If you have further questions regarding the traffic patterne in the vicinity of thie project, please do not hesitate to contact either Gien Van Wormer at 490-2045 or myseif at 490-2071. Sincerely, � i"• - n (.l.C'� �� / /� Cindy ray, v Transportation Planner CRG/cih cc: Paul Noyes, CPM, Inc. Glen Van Wormer 0 L' J � r � N � m N � � � � �0r •i L 352J13/41 rrr/a/2s � � �o N �D � ^ � � � a� � � ` � � N ` ,� � �---476/26/84 � • l. 2„�,2�3� 264/34/45 264/34/45 --r � a � � m � N � � N � � N � �-- AVERAGE DANY/AM/PM TRAFFIC VOLt�S ` m N � � � ch � O N 341 /44/58� I t" 200/26/34 PROJECT TRAFFlC VOLUI�S AT T.H.65 / 73rd AVEI� AND T.FL65 / 73 1/2 AVENUE WITH MEDIAN OPENING � - - ENGIMEERS � ARCM/TECTS I PLAMNEflS FRIDLEY, MINNESOTA A,L,S, PROPERTIES RESTAURANT AND AUTO/SERVICE MALL Avenue �s000 1 • �. Avenue �venue PRO.�CT TRAFFIC VOLUMES AT T.H.65 / 73rd AVENUE AND 73 1/2 AVENUE WITH CLOSED MEDIAN AT 73 1/2 AVENt�. (RT. IN / RT. OUT AT 73 1/2 AVEf�JE) � FRIDLEY, MINNESOTA FILE IdO. - �s000 - A,L,S, PROPERTIES FIGURE ENGlNEER51 ARCNlTECTSI pLANNERS RESTAURANT AND AUTO/SERVICE MALL � J * r 0 � � N � m � � 528/68/90—♦ a c� 0 � � W �— 352/ 13/41 f--529/29/ 105 r-288/16/62 � 0 v � � � � N � - e ENGINEERS � 4RCMITECT51 OLANNERS � AVERAGE DALY/AM/PM TRAFFlC ViOLUAAES � m N � M I� � � � � 0 N 939/ 122/ 160-� �— 200/26/34 73 1 /2 Avenue t--35/5/6 73�d Avenue PROJECT TRAFFIC VOLUMES AT T.H.65 / 73rd AVENUE WITH NO INTERSECTION OF T.H.65 / 73 1/2 AVENUE FRIDLEY, MINNESOTA FILE NO. A,L,S PROPERTIES �s000 FIGURE RESTAURANT AND AUTO/SERVICE MALL 3 Minutes/information from Rapid Oil request Highway 65 and 73rd Avenue �� . , e ,� P/D O/L C �4 G -- � Septsmber 4, 1987 Mr. John G. Elora Public Works Director City of Eridley 6431 iiniversity Avenue Northeast Fridley, MN 55432 Dear John: This letter is to infoYm the City of Fridley that Rapid Oil Change, a Division of Ashland Oil, Inc. has a contract on the property located at ?315 Hwy 65 N.E., Fridley, MN (see legal description attached). ' As contract holder on the above property, Rapid Oil Change hereby requests that the City of Fridley make the following improvements to said property: 1. Widen Viron Rd. by ?' to the West, from ?3rd Avenue N.E. to the north side of 73-1/2 Avenue N.E., installin� neW curb and gutter along the west side of Viron Rd. 2. Vacate 73 1/2 Avenue N.E. from Hwy 65 to Viron Rd. and deed the property to Rapid Oil Chan�e, a Division of Ashland Oil, Inc. 3. Remove all bituminous paveme,nt and curb and gutter from that section of 73-1/2 Avenue N.E. lying between HWy 65 and Viron Road. 4. Rough grade that section of property where the pavement has been removed to meet adjacent highway ri.ght of way ditch grades and site grades as established on site plan to be furnished bY RaPid Oil Char�e. 5. Adjust the elevations of all utilities in the vacated section of street where necessary to match the proposed grades as furnished by Rapid Gil Change. 6. Install new curb and gutter along Viron Rd. as required in that section of 73-1/2 N. E. newly vacated. 7. Make necessary ehoulder and ditch modifications as required bY MnD4R'• 8. Secure all necessarY and recluired construction easements and permite required by MnDOT and any other City, Coi�nty or State agencies having jurisdiction. CORPORATE OFFlCE • 3041 4th AVENUE SOUTH • MINNEAPOUS, MN 55408 •(612) 827-2541 DMSION OF VALVOUNE OIL COMPANY • DMSION OF ASHLAND OIL, INC. . � September 4, 1987 Page 2 In return for the above improvements, RaPid Oil Change, a Division of Ashland Oil, Inc. agY'ees to allow� e Ci f r theri�mpro ��sI�� derstanding that�thet of monies necessary PaY City of Fridley estimates this cost to be $10,300.00 Rapid Oil Change, a Division of Ashland Oil, Inc. hereby waives its right to a public hearir�g on the assessment for the above improvements. Respectfully, RAPID OIL CHANGE �� ` � Mark J. ilbertson Pro j ect Manager MJG/la cc : Ji.m Robinson CITY OF FRIDLEY PLAt�(JIIJG CO�R4ISSIOW MEETING, AUGUST 5, 1981 CALL TO 02DER: Chairperson Billinas called the August 5, 1987, Pla �ng Commission meeting to order at 7:35 p.m. RGLL CALL: Me�abe�K 'rPse��t: St�ve Billings, Dave ndrick, Dean Saba, Sue Sherek, Uonald Betzold Menbers Abseni : Richard Svand Othe►•:; pr::se^t: J�;� Zobi n, Planning Coordinator Jock R ertson, Community Development Director Bill Donna Madden, 2054 Uesmond Cove, Germantown, Tn. 38138 A.F.^-I u'�A� �:�r� �uy(��, 1987, PLANIJIt�G COt1MISSIO�� MI��UTES: MOTION BY_ R. KONUP.ZCIC, SECONDED BY AlR. SABA, TO APPROVE THE JIILY 22, 1987, PL.��'::IN� �OMIdISS70N I�IPIUTES AS WRITTEN. A TJCICE V%�T6, i�:.L VOTING AYE� CHAIRPERSON BZLLINGS DECLARED TXE MOTZON ED UIJANIMOUSLY. 1. TABLEO: �t��JSiDE�:ATIOP� OF A VACATIO�J, SAV #87-08, BY RAPID OIL CHANGE: �c •:a:�±� *_,.� �'r��t street rig t-of-way. 3 venue ying nort of Lots 1 an� 2, alack 2, Central View Manor. To alla� for an improved site plar, fc,r a pr�posed Rapid Oil station, generally located at 1315 Highway 65 N.E. MOTION BY MR. SABA, SE(70NDED BY MS. Sf1EREK� TO REl�OVE THE ZTEM FROM TXE TABLE. UPO:� A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BILLINGS DECLARED THE MOTION CA.RRIED UlVA.YIN.JL'SLY. Mr. Robinson stated this proposal by Rapid Oil was to utilize the property on whic� now stands a vacant service station on the northeast side of 73rd tivenue and Hiqhway 65. The proposal was to demolish the station and ' create a new four-bay oil changing operation. Along with this petition was a request for a special use permit which was recommended to Citv Council for approval at the Planning Cortmission's last meeting. Nine variances were also recorrmendad to Citjr Council for approval by the Appeals Commission. The special ��se permit and the variances went to Cit.y Council last Monday, and all the items were tabled by the City Council ha�e� upon the undecided status of the �acation petition which was �rocessed along with the other petitions as a package. PLA(��Ii�G COPIP1ISSIOt•� MEETI��G, AUGUST 5, 1987 PAGE 2 Mr. Robinson stated the portion of the street that would be vacated was 73 1/2 Avenue, just north of the property. This particular cross-over did not have a stoplight, it was in MnDOT's prog�am and it was MnDOT's intent ta close off that intersection, along with modifications to the Fireside Orive intersection. He showed a slide showing Mn00T's proposal, along with a letter from Joe Katz, District Traffic Engineer of MnDOT, dated Aug. 5, 1987, which stated it was t�In00T's intent to close the cross-over either this year or early next year and also to modify the Fireside Drive cross-over in such a fashion to only allov� for northbound westerly left-hand turns. Mr. Robinson stated the vacation request was tabled at the last meeting because of some unknowns, and at this meeting theyhave a couple more answers to those unknowns for the Commission. One was the MnDOT timetable he had referred to, and also an opinion from John Flora, Public Works Director, that the 73 1/2 Avenue vacation enclosure could happen independently of the extension of Viron Road through the trailer court area and the area could still function adequately in terms of traffic flow. ?�r. Robinson stated with those two things in mind, it was Staff's opinion tl�at tlie project should be interrelated with the vacation and should go forwar� �:i th that approval . t4r. Robinson stated stipulations were discussed at the last meeting and were as follows: 1. Petitioner agrees to submit a letter (to City) petitioning for street excavation for the portion of 73 1�2 Avenue, lying north of the proposed site and agreeing to assessment for all costs associated with said excavation prior to publication of vacation ordinance. 2. Upon excavation of vacated 73 driveway exiting onto service gation as shown on City plan 1/2 Avenue, petitioner will install road to east and landscape with irri- dated July 22, 1987. 3. Performance bond referenced as stipulation #13 for special use permit, SP #87-14, to cover improvements referenced in item #2 above. 4. A drainage and utility easement should be maintained over the entire portion of the vacated street. Mr. Robinson pointed out that 5,280 sq. ft. of land which would be vacated would go to the Rapid Oil facility. This was a substantial amount of land and would bring the lot area from .54 acres to .66 acres. It would also eliminate a variance for building setback from 73 1/2 Avenue from 21 to 35 ft., a driveway setback variance from 19 ft. to 53 ft. for the northerly driveway, and would make the lot more conforming in terms of lot area--approximately 50� closer to the .75 acres required by Code. Mr. Bill Madden stated he was the Director of Real Estate.for Rapid Oil. He stated that follawing the City Cou�cil meeting on Monday, they went to the site and made some preliminary evaluations arf the area to be vacated and the workd needed to be done. 7hey are hopirig to see the vacation process ?L�1'�►�I;;G C7�1�•:iSSION I•tEETI1�G, AUGUST 5, 1987 PAGE 3 proce�� so they can sit down with City Staff and go over the details of the pr�ject. At th�s time, they ha�te talked t�ith City Staff and have historically ay�ee� to partic�pate in the improvements of the vacated area. Of course, t�ey nave so�ne concerns. In the vacated area, the newly owned property, there are three manholes that are signficantly below the existing grades of the•vacant service station now. There are �ne or two water cut-off valves that shewed in 73 1/2 Avenue that are considerably below the statian grade as r�ell. The pump house to the north of 73 1/2 Avenue was considerably below grade at the corner location. So, there were some major concerns about the cost of irproving the vacated area of 73 1/2 Avenue. However, they have said ti�ey M�ill go along with the vacation as it will benefit Rapid Oil with the additional lot expansion area, and they are willing to handle the improvements of that area. Mr. Billings stated the vacation and special use permit and all the costs incurred with the whole project were things the petitioner would have to determ�ne as to whether it was economically feasible for them to proceed with tl�e project. He did not think these were concerns the Planning Commission had to address in their approval or denial of the vacation request. He would enco�rage the petitiorrer to get to�ether with City Staff and address the prablems the petitioner had regarding the difference in grade and the costs inv�lved. MOTIQN BY MR. KONDRICK, SECUNDED BY MR. BETZOLD� TD RECOMMEND TO CITY COUNCIL fiPi�F.OVfi1:, OF V�'ICA:ION, SAV #81-08, BY RAPID OIL CHANGE, TO VACATE THE 66 FOOT STREET RIGHT OF WAY (73 1/2 AVENUE) LYING NORTH OF LOTS 1 AND 2, BLOCIC 2, CENTRAL VIEW MAP70R, !�D ALLOW FOR AN IMPROVED SITE PLAN FOR A PROPOSED RAPID OIL STATIDN, GE:�'ERALLY LOCATED AT 7315 XIGXWAY 65 N.E., WITH TXE FOLLOWING SiIPULfiTIUi+S: 1. PETITIONER AGREES TO SUBMZT A LETTER (TO CITY) PETITIONING FOR STREET EXCAVATION FOR TXE PORTION OF 73 1/2 AVENUE, LYING NORTH OF TXE PROPOSED SITE AND AGREEING T1� ASSESSMENT FOR ALL COSTS ASSOCIATED WITX SAZD EXCAVATION PRIOR 1b PUBLICATION OF VACATION ORDINANCE. 2. UPON EXCAVATION OF VACATED 73 1/2 AVENUE� PETITIONER WILL INSTALL DRIVEWAY EXITING ONTO SERVICE ROAD TD EAST AND LANDSCAPE WITH IRRIGATION AS SXOWN ON CITY PLAN DATED JULY 22, 1987. 3. PERFbR1fANCE BOl7D REFEREIVCED AS STIPULATZOlV #13 FOR SPECZAL USE PERMIT, SP 1�87-14� TO COVER Il►�ROVEMENTS AS REFERENCED ZN STEM 1�2 A30VE. 4. A DRAINAGE AND UTILITY EASEMENT SHOULD BE MAINTAINED OVER TXE ENTIRE PORTION OF TXE VACATED STREET. • Mr. Kondrick stated he was recommending approval based on the letter received from Mr. Katz announcing MnDOT's plans to vacate 73 1/2 Avenue anyway. Mr. Betzold stated he would like to discuss some of the points brought up at the last meeting when t�ir. Grossman and Mr. Schrader were present. They were making the objection to proceeding with the vacation, not knowing ha� it would affect their property. He stated he wished the Planning Cor.-�m:ssion had voted on the vacation at that time, as he did not accept PLAIJiJIIIG CONL'1ISSION t�IEETI��G, AUGUST 5, 1987 PAGE 4 the arguments raised by Mr. Schrader and Mr. Grossman. He thought anything that was built on Mr. Schrader's property was certainly visible from Highway 65, and the fact that people have to turn in and then take a quick left to the property was not going to drive away business. and the vacation was not going to affect the property at all. He continued to maintain that even tl�ough there was some dispute at the last meeting, the special use permit was inseparable from the vacation to the extent that without the vacation, they have a substandard lot. If, for whatever reason, the vacation does not go th rough, he would not like to see anything on that substandard lot and the project should be shelved. If the lot was not a buildable lot, then nothing should go on it. He felt the plan presented by Rapid Oil was doable, but he was not willing to work with any less space than the present lot plus the vacated property. That was why he was in favor of the vacation. Mr. Robertson stated Mr. Flora and he had spent some time working through a couple of alternative scenarios on the access question brought up by Mr. Grossman and Mr. Schrader: (1) The distance between the signal inter- section at 73rd and the f'rontage road, the loopback, was standard or greater than the other loopbacks in Fridley that are designed specifically to try to address the access problem when there is a frontage road off a cross street. Particularly, there was the question of, "is there enough stackinq space?" and it was greater or equal in this situation. So, their experience. has sliown in other places on Highway 65 and University Avenue that this was an adequate setback for that loopback to provide access to commercial that is not on the frontage road. This was the key question raised at the last meeting by Mr. Schrader and t4r. Grossman. (2) With the widening of Viron Road right behind the proposed development, they will have an adequate number of lanes to facilitate the waiting and turning movements which will again allow access to commercial on the frontage road which was primarily Mr. Grossman's concern. Mr. Robertson stated at this point, Staff was satisfied that the Planning Commission's concerns and questions raised at the last meeting were naw answered. . Ms. Sherek stated she still had sone problem with the idea that once you pass the spot to get to the development, the only way to get to it was to go to Fireside and find your way around the outside loop by way of Old Central. She had a problem with the lack of extension of the frontage road there to make it accessible once you pass the exit. She knew what t1r. Grossman was • talking about in terms of traffic access studies that national restaurant chains do. This site�at present without the frontage road coming from Fireside back woutd be rejected by most national restaurant chains. Until it becomes critical to get that frontage road tiirough there and start pressuring the owner of the mobile home park, the question would not be answered. t4aybe the answer will be that �1r. Schrader will have to apply sor!ie pressure if he wants to make his property marketable. � FLiit��Zi�1G GGI1�lISSIOi� FIEETING, AUGUST 5, 1987 PAGE 5 �4r. Billings sta�ed he felt MnDOT's report was indicative of the fact that the ac�ess to Highway 65 at 73 1/2 Avenue was going to be closed off, either later th�s year or early next year. Since that was going to be closed off, he felt it only made sense that the City then vacate that portion of 73 1/2 Avenue in order to create a buildable site,-and it was only good planning s�nse to make that space available to enhance a piece of property that presently is grossly undersized. � i;��ld A VDICE VOTE� ALL :OTING AYE� CHAIRPERSON BZLLINGS DECLARED THE MOTZON Ci:??RIF.D liNA�'I::OUSLY. 2. GO��SIDCft�;TIO(J OF RECODIFICATI01� OF THE FRIDLEY CITY CODE TO ALLO►�1 C��r1ERCIAL -� , � S� C . �, t1r. Robinson stated that at the last meeting, the Planning Corunission r,eviewed a nur� er of other suburbs' positions dealing.with commercial establishments in industrial zones. In particular, they tried to address office/�rarehouse establishments. The City of Fridley is seeing a proliferation of'hundreds of thousands of square feet of space in existence and in the �ks. Mr. Rebinson stated the C�mmission members had received a ough draft of an ordinance which they had requested at the last meeting. asically, it was a synthesis of what they felt was the most appropriate d best of the other s�Lurbs' positions dealing with this problem. He r iewed this with the Cormi ssi on mecrvers. Mr. Kondrick referred to 3.g. which stated: he proposed use, in the opinion of tE;e City Council, would be compatible w' the area in which it is proposed t� be lacated and would not create a pubyic nuisance." t4r. Kondrick asked what was the def' ition of "public nuisance" and who was going to judqe what was a public n sance?� Mr. Robinson stated it would b the City's responsibility to define a public nuisan�e. k'ith any special �se permit, the burden was on the City to do that. Mr. Billings stated his f�rst thought when reading 3.g. was that it was an invitation for the City�Council to act in an indiscriminate manner. Mr. Saba referred 3.f. which stated: "The proposed use shall only be permitted when it can be demons.trated that their operation will not signi- ficantly lower ��e existing level of service as defined by the Institute of Engineers on reets at intersections." Mr. Saba w dered what was meant by "significantly lower". How specific can they r do they want to be? Mr. inson stated "significant° would have to be def.ined. t COIINCIL MEETING OF SEPTEI�BER 1�, 1987 HOTION by Councilman Schneider to close the public hearing. SeconordNee Councilman Fitzpatrick. IIpon a voice vote� all voting aye, declared tlie motioa carried unanimously and the public heari closed at 7:50 p.m. 2. pIIBLIC i�ARII� ON 1987 SER4ICE CONNECTIOI�S: MOTION by Councilman Fitzpatrick to vaicena e Couacilman Schneidere8 IIpon notioe and open the public hearing. Se o a voice vote, all votiag aye, Mayor Ne 8td� 50 p.m. the motion carried unanimously aad the public heariag ope Mr. Pribyl� Finance Director, sta d these assessments are for Water and aeWer mains� laterals and ice connections. He stated each of the properties involved have co cted to City rrater and/or seWer Without paying a c3�arge. He stated th roperty owners have agreed to pay these charges and they Will no� be aessed• !�'• Pi'ibYl stated the asseasment roll Will be spread over a year period at an interest rate of 6-1/2i • No persons ke regaz'dinB these propo9ed asaessments. MOT by Councilmaa Fitzpatrick to close ti►e public hearing. Seconded by cilman Schneider.�nIIm u� o�d �e public heai'ia6aclo�edyat 7e52dpcmared the motion carried Y 3. pIIBLIC i�ARING ON A V ACATION SAV #8 -08 TO Q ACATE THE 66 FOOT STREET RIGHT-OF-iiAY (73-1/2 AVENUE) LYING NORTH OF LOT 1 AND THE WESTERLY 27 FEET OF LOT 2 BLOCR 2�NTATIONgGENERLLYTLO ATED pTR AN IA HWAYS65EN EAN BY p !�0lC�ED �AlI� �IL S RAPID OIL CHANGE (CONTINtIED FROM 8/24/87): l40TION bq Couacilmaa Schneider to re-open this public heariag vhich Was contiaued fram i�voting� aye,• HayordNe dec�aredathe motion. carried voice vote, al unanimously and Lhe public hearing xas reoPened at 7:52 P•m- !!r. Robertson, Community Development Director, stated this vacation is related to several other items on the Council's agenda this ev�enstatediia involve a spec1a1 use permit and a number of variances. revier►ing the vacation� he Would also present aa overviex of the other reque sts. • !!r. Robertson atated Rapid Oil Change has plans to demol � Stateduiteis structure at 7315 xiBbWay 65 asid construct a new building. proposed that 73a�/laaseare to oloeeeoffnihiseintersectionealong With ?ransportation p modificat�� et�� o�d ncrease�Proma 5� acres�to8.66cacres� tohbrinBait footage aloser to the eode re4uirement of .75 a��8• Nr. Robertson statea �;� igh�industrialszoner aHesta eduthePlanning allw this use ia -3- COIINCIL I�ETING OF SEPTLt�ER 1$, 1987 Commissioa revieWed this requsst oa July 22, 1987 and recommended approval With a aumber oP stipulations to Which tbe petitioner has agreed. Hr. Robertson stated there are a number of varianoes required to reduce the lot area, side yard setbacks, parking and hard surface aetbacks, and setbaeks oP the curb opening from a street right-of-Way. He stated depending oa Whether or not 73-1/2 Avenue is vacated, some of ttie varianees may or may not be required. Nbr. Robertson stated a questioa vas raised at the Planning Commissioa meeting if there would be adequate access to the site to the nortb Witb the closing of 73-1/2 Aveaue Without the contiauation of the service road to Fireside Drive. He stated the Public Korks Director, Mr. Flora, felt if the eervice road �ere Widened, it Would be the same as other loopbacks in the Citq and adequate aecess Would be provided. Councilman Schneider asked if the Minnesota Department of Transportation �ould close off acoess to 73-1I2 Avenue regardless of the Couneil's actions. Mr. Flora� Public Works Direetor, stated as he understands the DePartment of Transportation's position, they propose to close off the 73-1�2 median and modi�r tiie Fireside Drive median� probably next year. I�Iayor Nee asked about the volume of traffie When the lots to the north are developed Mr. Flora stated those lots have acceas off Yiron Road and 73-1/2 to Old Central or ?3='d to HighWay 65. . Hr. Alvan Schrader, oWner of the propertq to the north, stated he has approximately three acres on V iron Road and operated his business there until July of 1987. He stated he bas an opportuaity to develop his property as a high commercial site and the amount of activity xould increase substantially. Mr. Sdirader stated he has no objection to the vacation, if Qiron Road is extended simultaneously ti+it� the vacation of 73-1�2 ��►enue. He stated this could be aceomplished by a development agreement With the City and Rapid Oil �here the vacation wouldn't take place until construction is completed of Viroa Road to Fireside Drive. Mr. Sc�rader stated to vacate 73-1/2 Aveaue and not complete Qiron Road Would eliminate the possibility of developing his property. He stated he talked to the Department of Transportation and closing of 73-1/2 is in their long-range plan and if the mediaa is closed, it still xoulda't prahibit a right turn onto HighWay 65. He felt if 73-1�2 Avenue is closed, it would have aa impact on 73rd and HighWay 65 t+ith more trafPic at that intersection. Couneilman Sehneider asked Mr. 3chra8er if he felt his lots vere uadevelopable if Viron Road is not eatended. Mr. Schrader stated if 73-1�2 Aoenue remains open, he dcesn't have a problem because there is immediate acoea9 to his property from Highwaq 65. i�lr. Flora stated he laiaws tbe Transpertation Departmeat is concerned xith -$- � a� $. COIINCIL l�ETING OF SEP1EIrIDER 14. 1987 the median at 73-1/2 and Fireside Drive because of the aumber of accidents. He stated the 73-1/2 exit could remain regardless of tl�e median action, ha+ever, the Transportation Department vould prefer it be closed so vehicles are aot entering the highwaq at an uaprotected intersection. He stated it Was to have been part of the Transportation Departmenti's plans for this year, but probablq Will not be accompl ished until next year due to their xorkload. I�Ir. Jahn Nelson, broker for Mr. Schrader, stated if there was a prospective buyer interested in Mr. Schrader's property, he felt they Would look verq carefully at tiie acoess to t.he property. He stiated the property has been sho�►n and they bave seen there is aecess at 73rd aad 73-1/2. He stated a buyer Would be less incliaed to purchase t2ie property, if 73-��2 is closed Without the extension of Yiron road to Fireside Drive. He stated it could result in a decrease in the value of 1�1r. Schrader's propertq�. if there is reduced acoess. Mr. Larry Falck, 175 73� Avenue, atated he ovna propertq to the east and asked Who Would pay for improvements that need to be done for Rapid Oil at this location. Mr. Flora stated Rapid 011 has agreed to paq the cost for all improvements associated vith the xideaing of the eervi�e road. Councilman Schneider asked if tbere �ould be any asseasmeata to Mr. Falek. Mr. Flora stated no assess�ents are anticipated to Mr. Falck at this time. Councilman Schneider asked about trafPic counts on 73-1/2 Aveaue. Mr. Flora stated no traffic counts have been taken on this street. Mr. Qureshi� City Manager, stated tiiere is considerable traffic on 73-1/2 Avenue because traffic from Oaan and l�Iedtronic use this street to access onto HighWay 65. MOTION by Councilman Schneider to close the public hearing. Seconded by CouncilWOman Jorgensoa. IIpon a voice vote, all voting aye, l4ayor Nee declared the motion carried uaanimously and the public hearing closed at 8:2? p.m. PIIBLIC I�ARING ON Ti� PROPaSAL FROM NORTEL CABLE ASSOCIATES FOR A AL OF CABLE TEL,EVISION FRANCHISE: !lOTION by Couaeilmaa Schneider to Waive the readi the publ ic hearing notioe and open the public bearing. Seconde Councilman Goodspeed. IIpon a voice vote, all votiag aye, Mayor declared the motioa carried unanimously and t.he public hearing d at 8:28 p.m. lSayor Nee stated this will tbe fourth franchise considered by the City for cable television. atated Gary Matz, attorney Por the City and the Cable Commission, revies+ the proposal. Mr. Matz�d the fraachiae trill ezpire in Deoember, 1987. He stated the -5- a4:��;+� '!, �. .. �,`1. S�} : � • , CIVIC CENI'ER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 •. PHONE (612) 571-3450 . My ��i I►.�1 :�/ •► :,�� \!/ M Rd�.11a 011 Ql Vlt� 3041 - 4ti� Avenue South Minneapolis, M�1 55408 October 26, 1987 On September 28, 1987 the Fridley City Council officially apgroved your request f� two varianae requests, VAR �87-24 and VAR #87-26, to reduce the minimun allarahle lvt area for one main building fran 0.75 acres to O.Sd acres; to re�ae the side yard setback on the street side of a oorner lot frcm 35 feet to 19 feet a� the east, fram 35 feet to 28 feet on the west and f ran 35 feet to 21 feet on the mrtb 1 to reduoe ti�e distanoe t3�at the edge a� the aub opening may be fram a street ric�t-cf�ray intersection from 75 feet to 26 feet an �e north �and fram 75 to 55 feet on the southeast; to reduce the parking arid hard surfaae aetback fran a street ricjzt- of-way, fran 20 feet to 12 feet on the east and fran 20 feet to 10 feet o� the rest, to allw �e a�nstructian of an autamabile se s 1 and 2, Block 2, Clentral View Mar�or, the �e bei 7315 Hic�way 65 N. E. with th e f ol l o�w ing stipulations; 1. Developer agrees to oove�ant, as a aondition of varianc.� appra�als, that the proposed deveiopa�t will be utilized as a Rapid Oil Qiange facility; any future reuse a� tt�e structure foz �ses other than that oomparable to a Rapid Oil �ange will be subj ect to Council apprwal . 2. Developer will further oovenant that the site will be developed and maintained consistent with app�wed plans and stipulations as appraved for VAR #87-24 aad VAR 087-26. 3. 9�e restrictive aovenar�t ref esred to abave will be e�aecuted and f il ed at the Co�ty pcia� to a building petmit being issued. 4. Spedal Use F�rmit, SP #87 14, contingerit upon apprwal a� a11 variances far developn�t by Co�cil. 5. F�titia�er to prwide a sto�m drainage plan and receive approval from Public Works giar to building germit. 6. Building facade to be oonstructed with face brick as depicted in elevations reaeived by City on Septesaber 24, 1987. 7. All doors, metal trim and window fra�ning to be painted or col or cl ad to vompl iment building facade. Cblac treatment to be app�oved by City staff pria�r to truilding permit. 8• Iarx�caping to be installed as depicted in plan goposed by City staff, dated July 22, 1987, including vacated street portion if vacation is approved. Plan to be reviaed by City to rc�lect revised site plan. r � Rapia oil �anye VAR #87-24 and VAR #67-26 October 26, 1987 Page 2 9. Autamatic la�m irrigation to be installed for all cgeen areas, including vacated street portian if vacati� is appcwed. 10. P�titioner agrees to pzwide an ac3ditiaial seven (� foot �reet easement w� ti�e east sevan feet a� ti�e west 27 feet c�E Lot 2, Block 2, Central Viaa NSar�or, and all over ti�e south 20 feet of Lot 1 and the westerly 27 feet a� Lot 2, Block 2. Central View Mari�r, Fria� to building permit. 11. Petitianer agrees to submit a letter (to City) petitioning for widening of servioe raad (to east) to 36 foot width and acgeeing to assessnent for all oosts associated with said widening, pcia� to building permit. 12. Petitianer to oombire tax �roels into one.p�ia� to building permit. 13. A brick d�m►pster enclosure witfi opaque gate to be aonstructed along with building. 14. All roof equignent to be _screened f raa via�r. Detail s to be approv ed by staff . 15. No outside storage of atiaterials or equipa�t is permitted. 16. A perf onaance bond or 1 ette r of cr edi t f or S 20 , 0 0 0 to cov er all improvenents to be suppl ied to City priac to building permit. 17. At sudz time as ti�e vacation of 73 L2 Avenue is approved, Rapid Oil � planye will be required to cb the appropriate landscaping arrd irrigation of tlie proj ect. 18. Elevation of site to be laaered� to City En9ineers satisfaction, in order to reduae driva�ay cgades. � If you have any questions r�egarding the above action, please call the Planning Department at 571-3450. Sinoerely, � - Ja¢nes L. Robinson Planning Coordinator • .�� please revi�a the roted stipulatians, sic� the statene�t belaw and return one aopy to the City of Fridley Planning Deparbnent by Navenber 9, 1987. Conwr witli action taken cc: Rod� Ftiels, Inc. N L COIINCIL I�ETING OF SEPIEI�IDER 28. 1987 another fee for a variance. 8e stated be Would like Por staff to tact the State. Mr. Herrick stated it may not be easy to get an imme e answer from the gi�iiway Department and felt 1�lr. Jaiinson ehould be ot thia fact. i�Ir. Jchnson stated he didn't plan to co ct a garaBe uatil neat spring so time Would aot be a problem. iie ed he be notified when this item is again on the Council's agenda . Jahason stated if be is not able to reoeive the �entire 12 fee xould t+ithdrax hia request. MOTION by Counc Goodspeed to Lable this item indefinitely and instruct staff to t d obtain the State's interest on the east half of this alley. Secon Councilman Fitz patrick. IIpon a voice vote, all voting aye, Nee declared the motion carried uaanimously. 2. CONSIDERATION OF V ARIANCE REQOESTS. V AR �87-2�1 TO REDUCE THE MINIMUM ALLOWABLE LOT AR'EA FOR ONE MAIN BIIILDING• TO REDOCE TE� SIDE YARD SETBACRS ON Ti� STREET SIDE OF A CORNER LOT• TO R'EDOCE TI� DLSTANCE THAT THE EDGE OF Ti� CURH OPENINGS MAY BE FROM A STREET RIGHT-OF-WAY INTERSECTION• AND TO REDUCE Ti� PARRING AND HARD SURFACE SETBACK FROM A STREET RIGHT-OF-WAY• AND VAR #8 -26 TO REDQCE TI� SIDE YARD SETBACR ON THE STREET SIDE OF A CORNER ._� ....,,.� •,� ��• mn �� T [1A1 TRF NORTH. TO ALLdW CONSTRUCTION OF AN I�Ir. Robertson, Community Development Director, atated at the Septemer 1�4 Couricil meeting staff xas instructed to revork the plan for the Rapid 011 building based oa ttie neW building size, conduct appropriate traffic counts oa 73rd and 73-1/2 Avenues, and revieW possible options for Yiron Road. He stated the building has been r'eduoed in size to 1�216 equare feet. l4r. Fiora, Public Yorks Director, atated be met vith the property oWner of the trailer aourt and Lhere Was no interest in providing easements for the extension of 9iron Road. He atated there are several residents in tbe trailer court tbat bave been there sinoe 1965 and the oWner does not Want Lhem displaoed. He stated if t]iese residenta were to relocate, the property arner Would be Williag to discuss this eztension xith the City. Hr. Flora stated traftic aounts Were completed along 73rd aad 73-��2 Avenues. He stated there ar"e a considerable amount of vehicles using 73-1�2 Aveaue to acoess onto Hi�xay 65. Ae stated the Minnesota Department of Transportation has advised they rri11 be closing t.he mediaa at 73-1�2 in the nea�. lyture. He atated whea this happens, it certainly Will affect the emount of cars that are currently using 73-1�2 for access onto 8ighvay 65• l�lr. Flora stated based on agreemeats that tiave been Worked out with Rapid Oil, if they provide tlie righ�of-way for the Qiron Road service drive and ridening of 73� Avenue, adequate access ahould ba pravided for_vehicles to aeoess Hi�Way 65 from 73�• Mr. Robertson stated since a+�rs oP the trailer court are aot xilliag to -3- m �_. COIINCIL MEETING OF SEPTEI�IDER 28, 1987 provide easements to extend Yiron Road, stafP vould recommend the vacation of T3-1�2 Avenue not proceed, unless t.he City t+ished to condemn property for tbe right-of-way. Mr. Qureahi, City Hana6er, stated he would suggest a 15 foot triangular easement on the southeast corner be dedicated Por road right-of-xay and ba included in the stipulations. Mr. Robertson revieWed some oP the minor revisions to tbe site pl an Which affect asveral of the variances aad vary slightly from the Appeals Cammission recommendation. 1�lr. Robertson atated in conjunction With these variances, there is a request for a special use permit• Iie stated there are stipulations associated �ith the variances, as Well as the special use permit, and perhaps the stipulatioas ahould all be included as part of the variance request• Mr. Qureshi, City 1�lanager, stated the reasoa staff is suggesting the stipulatioas be included as part of tl�e varianc�es is becauae it provides t.he Citq t�rith more control. MOTION bq Couacilman Schneider to concur xith the recommendation of the Appeals Commission and grant varianoes, VAR �8?-2�► �d QAR �87-26 to reduce the miaim� allo�aable lot area Por one main building from 0.75 acres of 0.54 acres; to reduce the side yard aetback on the etreet aide of a corner lot from 35 feet to 19 feet on the east and from 35 feet to 28 feet oa the xest; to reduoe the distance that the edge of the curb opening may be from a street right-of-rray intersection fram 75 feet to 19 feet on the north and from 75 feet to 55 feet on the southeast; to reduce the parking and hard surfaoe aetback from a street right-of-xay from 20 feet to 19 feet on the east and frcm 20 feet to 10 feet oa the West; and to reduce the side yard eetback oa the street side of a corner lot Prom 35 feet to 21 feet on the north, to allow the construction of aa autamobile eervice statioa on Lots 1 and 2, Block 2, Central Yiev Hanor, the same beiag 7315 BighWaq 65 N.E., xith the follwing stipulatioas: (1) developer agrees to covenant, as a condition of approval of t2�ese variances, that tbe proposed development will be util3zed as a Rapid Oil Change facility and anq future reuse of the structure Por uses other than that comparable to a Rapid Oil ChanBe Will be subject to Coun�il aPPrm►al; i2i developer vill further covenant that the site Will be developed and maiatai�ed consistent with approved plans; (3) the restrictive covenant rePerred to above Will be eaecuted and filed at the County prior to a buildinB permit being issued; (�1) petitioner to provide a storm drainage plan and reoeive approval fram Public Works prior to building permit; (5) building facade to be constructed With faoe brick as depicted in elevations reoeived by City on September 24, 1987 i(6i ell doors, metal trim aad xindoW framiag to be paiated or color clad to complimeat building facade. Color treatmeat to be approved by City stafP prior to building permit; (7) laadacaping to be installed as depicted in plan proposed by City staPf dated July 22, 1987, including vacated street portion When vacatioa is appraved. Plan to be revised by City to rePlect revised site plan; (8) sutamatic lavn irrigation to be installed for all green areas, including vacated atreet portion when vacatioa is approved; (9) petitioner a8rees to -�- : F,^ A 0 COIINCIL I+�ETING OF SEPIEI�ER 28, 1987 provide an additional seven (7) foot street easement over the east seven feet of the Keat 27 feet of Lot 2, Block 2, Central QieW Manor, and all over the south 20 feet of Lot 1 and the �esterly 27 feet of Lot 2, Bloek 2, Central YieW Manor, prior to building permit; (10) petitioner agrees to submit a letter to Citq petitioning for Widening of serviae road to the east to 36 Peet �ide and agrees to aseessment for all costs associated �ith said �+idening, prior to building permit; (11) petitioner to combine taa parcel s into one prior to building permit; (12) a brick dumpster enclosure with opaque gate to be constructied along with building; (13) a11 roof equipment to be seree�d frcm vieW. Details to be approved by staff; (1�1) no outside storage oP materials or equipment is permitted; (15) a performance bond or letter of credit for �20,000 to cover all improvements to be supplied to City prior to building permit; (16) at such time as the vacatioa of 73-1�2 Avenue is approved, Rapid Oil CT�anBe will be re9uired to do the appropriate landscaping and irrigatiion of the project; (17� elevation of site to be loWered, to City Engineer's satisfaction, in order to reduce drive�ay grades; and (18) a 15 foot triangle for purposes of roadWay be dedieated ia the southeast corner oP the parcel as indicated on the reviaed draving. Seeonded bq Councilman Fitzpatrick. Opon a voice vote� all voting aye� Mayor Nee declared the motion carried unanimously. 3. C 4. 5. � SERV ICE STATION UN L015 1 ANU [ 2sLVVr L vr•nan�+�+ .-••� •-�•• _.. --- - 7315 HIGHWAY 65 N E., BY RAPID OZL CHANGE (CONTINUED FROM 9/1u/87): MOTION by Councilman Schneider to grant special use permit, allo�r an sutomobile aervioe station on Lots 1 and 2, Block 2, Manor, the same being 7315 flighaay 65 N.E. Seeonded Fitzpatrick. IIpon a veice vote, all voting aqe, Mayor ee motion carried unanimously. � COI�iISS IOPS : MOTION by Councilman Goodspeed to ta meeting. Seeonded by Councilman Sch� aye, Mayor Nee deelared the motion rj C�� - Y SP /�7-1 �► to � tral V iew Councilman deelared the �thia item to the next regular r. IIpoa a voice vote, all voting d unaaimously. Mr. Flora, Public Works rector, stated a request has been received from Rapid 011 Change to i ude the Widening of V iron Road be tWeen 73-1 �2 and 73rd Avenues ia Str t Improvement Projeet No. ST 1987-1 • He stated based on this petitio , a ehaage order to include thia street videniag is preeeated for e Council's oonsideration in tbe amouat of �10,300. I+lOTION Dy uacilmaa Sc�aeider to receive Petition No. 8-19� fram Rapid Oil C�ange. econded by Councilwvman JorBeason. IIpoa a voioe vote, all voting aye� or Nee declared t.he motion carried uaanimously. ION by Councilman Sc�neider to app�rave (iian8e Order No. 3�►i� Northwest -5-