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PL 09/12/1990 - 30725� CITY OF FRIDLEY PLANNING COMMISSION MEETING, BEPTEMBER 12, 1990 Mw11�M��NIrMMN�Y�.1►IrIY1rMMNMMN��NNNMNNNNNNMwNMNIr�YMIrMMMMIrIr�YMwMMMMMMMMwMMM CALL TO ORDER• Chairperson Betzold called the September 12, 1990, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Paul Dahlberg, Larry Ruechle (for Diane Savage) Members Absent: Connie Modig Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Nancy Sullivan, 1161 Regis Lane N.E. Michael Schrader, Attorney - A.L.S. Properties Paul Noyes, Construction Consultant Mitch & Delores DeMars, Park Plaza Mobile Court 1130 Fireside Drive � Paul & Evelyn Bodick, Park Plaza Trailer Court Joyce Trebisovsky, Park Plaza Mobile Court Dan Solarz, 5701 University Avenue N.E. Terry Swenson Doug Erickson, Fridley Focus APPROVAL OF AUGUST 22. 1990. PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to approve the August 22, 1990, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. 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 Lane 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 No. 25, lying in the Southwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 24, T-30, R-24. ,--� !"� PLANNING COP�iI88ION MEETING. SEPTEMHER 12, 1990 PAGE 2 MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. Ms. Dacy stated this property is located north of I-694 and is in the general vicinity of Regis Lane. The property contains a part of the Regis Lane road bed and abuts the property owned by the petitioner, Dan Sullivan. Ms. Dacy stated that in 1989, the plat request was considered by the Planning Commission to subdivide the Sullivan property into two lots. The first lot contained Mr. Sullivan's house, and the second lot was proposed as a building site. In attempting to record the plat at the County, the Anoka County Recorder's Office identified several legal description problems that affected the title of the property. The Recorder's Office has the ability to require a registered land survey in order to simplify a long metes and bounds description into a simpler description. With this proposed request, the registered land survey of 80 feet wide and 665.36 feet long, will be divided into two tracts, Tract A and Tract B. Tract A will become part of the Sullivan Overlook Plat. � The registered land survey will be recorded first at the County, and then the proposed plat approved by the City last year will be recorded over it, so this triangular piece of property can be legally and properly recorded into the plat. Ms. Dacy stated the City acquired Tract B in the early 1960's from the Sullivan family. In 1979, the City conveyed this triangular piece of property back to Mr. Dan Sullivan by quit claim deed. The title of the Sullivan Overlook plat is both abstract and torrens property. The legal descriptions which appear on the torrens side do not coincide with descriptions which appear on the abstract side. In order to record the plat, all legal descriptions must match. Ms. Dacy stated staff is recommending approval of P.S. #90-05, to create a registered land survey on a portion of Lot 9, Auditor's Subdivision No. 25, with no stipulations. Ms. Nancy Sullivan stated she is representing her husband, Dan Sullivan, who could not be at the meeting. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPEItSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CL08ED AT 7:40 P.M. � r"'1 ,� � P?,ANNIN(3 COMMI88ION MEETIN(3. SEPTEMBER 12. 1990 PA(3E 3 MOTION by Mr. ICondrick, seconded by Mr. Dahlberg, to recommend to City Council approval 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 Lane 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 No. 25, lying in the Southwest Quarter of the ATorthwest Quarter of the Southwest Quarter of Section 24, T-30, R-24. IIPON A VOICL VOTE, ALL VOTING AYE� THB MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated that on October 1, establish a public hearing for October that the plat will be approved at that F=��+�j'�%��� � :���;�.���7 1990, City Council will 15, 1990. It is anticipated same meeting. 2. 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 ft. x 1,100 ft. 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 1, 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 in part the southerly line of said Lot 1A, 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 �, PLANNINa COMMI88ION MEETING. BEPTEMBER 12. 1990 PAGE 4 located west of Highway 65 and south of the Target Northern Distribution Center Building. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7s42 P.M. Ms. McPherson stated this property is a small area just to the south of the Target Warehouse facility and the Target Northern Distribution Plat, ist Addition. The parcel is currently right- of-way for M.T. Properties Railroad and lies between the Target Warehouse and Pennzoil to the south. Ms. McPherson stated there are some high voltage power lines that run within this right-of-way, and the parcel does not currently have a zoning designation. The petitioner will need to file a rezoning application in order to change the zoning from non- designated to M-2, Heavy Industrial. . Ms. McPherson stated the area to be platted is less than 2 1/2 acres and is described by a metes and bounds description. Target intends to use this property to park trailers and trucks. This �,,, parcel would not meet the minimum lot area requirements set forth in the M-2 zoning district regulations; however, it is not intended to be used as a single parcel, but will be combined legaily for tax purposes and functionally with the Target Warehouse expansion. Ms. McPherson stated the original warehouse expansion landscape plans called for 70 lilacs and 30 Amur maple trees to be planted along the south property line. Target will be required to move these plant materials south along the new property line. In addition, staff is recommending Boston ivy be planted along the fence line to provide screening and buffering. Although there is no park property directly south of this area, staff believes additional screening should be required. Ms. McPherson stated the parking area will need to be constructed to conform to the M-2 zoning district requirements. Ms. McPherson stated staff recommends the Planning Commission recommend approval of the preliminary plat, P.S. #90-04, with the following stipulations: 1. A landscape plan which provides for screening and buffering of the adjacent 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 r"`� shall be planted 24 inches on center along the fence - along the south property lines. � PLANNIN�3 COMMI88ION MSETING. SEPTLMBER 12, 1990 PAGE 5 2. The parking area shall conform to the zoning code requirements and shall be constructed such that the hard surface 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. Ms. Dacy stated that Pat Dowd from Target had tried to reach her several times during the day unsuccessfully. However, staff has �,,, reviewed these stipulations with Dick Brooks of Target. She stated staff is comfortable with the Planning Commission recommending approval in the petitioner's absence. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CL08ED AT 7:50 P.M. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend to City Council approval of Preliminary Plat, P.S. #90-04, Target Northern Distribution Center 2nd Addition, by Target Stores Inc., with the following stipulations: 1. A landscape plan which provides for screening and buffering of the adjacent 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 inches on center along the fence along the south property lines. 2. The parking area shall conform to the zoning code requirements and shall be constructed such that the hard surface shall be 5 feet from the south property line. ,� � PLANNIN(� COMMI88ION MEETING, SEPTEMBER 12. 1990 PAGL 6 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. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. PUBLIC HEARING: CONSIDERATION OF A REZONING. ZOA #90-05, BY AL SCHRADER• To rezone Lots 7, 8, and 9, Block 1, Central View Manor, from M-1, Light Industrial, to C-3, General Shopping, generally ^ located at 7355 Highway 65 N.E., for the construction of an "auto mall" and a restaurant. 4. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #90-15. BY AL SCHRADER: Per Section 205.15.01.C.(4) of the Fridley City Code to allow repair garages; per Section 205.15.01.C.(5) of the Fridley City Code to allow automobile service stations and motor vehicle fuel and oil dispensing services; per Section 205.15.01.C.(6) of the Fridley City Code to allow motor vehicle wash establishments; per Section 205.15.O1.D.(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. MOTION by Mr. Dahlberg, seconded by Mr. Saba, to open the public hearing for ZOA #90-05 by A1 Schrader. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED T8E MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:52 P.M. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to open the public hearing for SP #90-15 by A1 Schrader. � IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED - THE MOTION CARRIED AND THE PQBLIC HEARING OPEN AT 7:53 P.M. �"1 PLANNIN(3 COMMI88ION MEETING. SEPTEMBER 12. 1990 PAGE 7 Rezoninq Request, ZOA #90-95 Ms. McPherson stated the parcels are directly adjacent to 73 1/2 Avenue and the Central Auto Parts facility on 73 1/2 Avenue. The property is vacant at the present time. There is some "scrub" vegetation and some asphalt paving from prior uses on the property. Ms. McPherson stated these lots are currently zoned M-1, Light Industrial. The parcels to the east and south are zoned M-1, Light Industrial, while parcels to the north and west are zoned C-3, General Shopping. Lots 7, 8, and 9 were zoned M-1 in 1979 at the request of two petitioners interested in constructing a contracting business. The rezoning was approved; however, the business was never constructed. Ms. McPherson stated the petitioner intends to combine the three lots with the adjacent parcels to the north and west in order to construct three buildings, two for an auto mall facility, and one for a restaurant facility. Rezoning these lots would be consistent with the adj acent zoning and adj acent land uses to the west and south. The Rapid Oil at the intersection of 73rd Avenue/Highway 65 is zoned commercial, as is City Sports just two blocks south of the Rapid Oil site. In addition, SuperAmerica, while not zoned ^ commercial, is more a commercial/retail than industrial use. Ms. McPherson stated that the Central Avenue Corridor study done in 1989 recommended that the parcels along Highway 65, which are currently zoned M-1, be rezoned to one of the three commercial zoning designations. Ms. McPherson stated that since the rezoning request is consistent with the adjacent zoning and land uses, as well as the recommendations of the Central Avenue Corridor study, staff recommends the Planning Commission recommend approval of rezoning request, ZOA #90-05, with the following stipulations: l. The parcels shall be combined for tax purposes. 2. The special use permit, SP #90-15, shall be approved. Special Use Permit Request Ms. McPherson stated the special use permit request is for the same three lots, Lots 7, 8, and 9, and the parcels directly to the north and west of the site. The special use permit is to allow automotive uses on this site. Those uses include car washes, auto repair, auto body repair, and exterior storage. The City Attorney has determined that a car rental facility would require a separate and second special use permit in order to determine the impact of � the parking and signage of the rental facility on this particular �- site. � PLANNINt� COMMI88ION MEETIN�3. BEPTEMHER 12, 1990 PAGE 8 Ms. McPherson stated this property is vacant and is zoned C-3 and M-1. Located directly to the north is a mobile home park. This parcel is zoned R-4, Mobile Home Park, and is residential in character. In addition, Tam's Rice Bowl, is located to the north of this site and is zoned C-3, General Shopping. Ms. McPherson stated the City currently owns a portion of the property in question, Lots 1, 2, and 3, Block 1, Central View Manor, the three western-most lots adjacent to 73 1/2 Avenue. These were acquired by the City as tax forfeit property. Lot 1 is currently being used as right-of-way for the service road. The petitioner has asked the City to sell Lots 2 and 3 to him in order to create a large enough parcel for this development. Ms. McPherson stated this property has had a number of special use permits for a variety of different uses. In 1974-75, a special use permit was issued to allow the sale of used cars. In 1975, a special use permit was issued to allow the same of trailer homes. Ms. McPherson stated that one of the larger issues concerning the site is that the proposed auto mall and restaurant will increase traffic in the area. Currently, there is access to Highway 65 both at 73rd Avenue and 73 1/2 Avenue. In 1987, Rapid Oil requested � that the City vacate 73 1/2 Avenue. This would allow Rapid Oil to have a larger parcel. The City Council tabled the request indefinitely. Ms. McPherson stated NIlJ/DOT has indicated that in 1992 when they upgrade the 73rd Avenue intersection, they will be closing the median crossing at 73 1/2 Avenue. This would be appropriate as it would still allow a right-in, right-out access at the 73 1/2 Avenue entrance to this particular neighborhood and would eliminate a dangerous crossover. Ms. McPherson stated the 73 1/2 Avenue right-of-way should not be vacated until such a time at which the Viron Road service road can be extended past the trailer court. Closing the 73 1/2 Avenue access would cause traffic to back up in both east and west directions at 73 Avenue. Over a period of years, the City has tried to acquire right-of-way to construct the Viron Road extension and has been unsuccessful. The City has asked the petitioner to work with the owners of the mobile home court in order to acquire the additional right-of-way needed, and the petitioner has also been unsuccessful. Ms. McPherson stated the traffic generated by the proposed project will increase the general traffic in the area. The petitioner has completed a traffic study of the area. The study indicated that the ADT (average daily trips) generated by the project would be n 2,349. One-half of those trips are considered into the site and - 1/2 are considered out of the site. The greatest impact will be PLANNIN�3 CONIlrIIBBION MEETIN(�. SEPTEMBER 12 , 1990 PAGE 9 r"1 -- felt during the evening peak hour times between 4:15 - 5:15 p.m. The study determined that 201 trips would be into the site in the evening and 207 trips would be out of the site in the evening. The study also indicated that 73 1/2 Avenue access should remain open as it helps reduce congestion at the 73rd Avenue intersection. It was noted by the traffic consultant that a shopping center is a pernaitted use in the C-3 district and that a shopping center would generate about the same traffic during the peak hours and more traffic during off-peak hours. Ms. McPherson stated the current right-of-way for the frontage road is 40 feet; and 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. Ms . McPherson stated the petitioner has submitted a site plan which meets all the code requirements in regard to parking and setbacks. The landscape plan will require some minor adjustments. The petitioner is required to submit an irrigation plan and will be required to fulfill the requirements of the Rice Creek Watershed District regarding grading and drainage on and from the site. Ms. McPherson stated that with automotive uses, staff must ensure a minimum impact to the residential neighborhood from odor ^ emissions and hazardous waste. The proposed tenants will need to follow the guidelines set by the Environmental Protection Agency �" regarding odor emissions from painting and auto body repair facilities. Ms. McPherson stated staff recommends the Planning Commission recommend approval of the special use permit, SP #90-15, with the following stipulations: 1. The rezoning request, ZOA #90-15, 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 a building permit indicating the following changes: a. The berm at the intersection of 73 1/2 Avenue and Viron Road shall be reduced. b. Six additional Linden trees shall be added somewhere on the site. c. The wood screening fence along the north property '� line is currently unnecessary. However, the - petitioner shall install a screening fence along � PLANNING COMMIBBION MEETING. SEPTLMHER 12. 1990 PAGE 10 4. 5. 6. the north property line if the existing fence should, for some reason, be removed or damaged. The petitioner shall submit an irrigation plan prior to the issuance of a building permit. The petitioner shall dedicate a 10 foot easement parallel to the east right-of-way line of Viron Road to the City. 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. 9. 10. �� 11. 12. 13. 14. 15. n Auto body repair and painting tenants shall comply with EPA regulations to control odor emissions and hazardous materials. There shall be no repair of automobiles after the hour of 9:00 p.m. Rooftop equipment shall be screened. The petitioner shall submit a comprehensive sign plan for City Council approval. Tenants which contribute to odor emissions shall be located along the east side of the eastern-most building on the site. The petitioner shall apply for a special use permit for any auto rental tenants. A park fee of $.023 per square foot shall be paid at the time of building permit. The petitioner shall work with MN/DOT to stripe a right turn lane to 73 1/2 Avenue on Highway 65. Mr. Mike Schrader stated he is representing the petitioner, A1 Schrader. He stated also with him is Paul Noyes, Construction Consultant. Mr. Schrader stated that, as stated by staff, this property was previously a used car lot, then purchased by the petitioner and was used as a retail mobile home site for a number of years. The property has now been vacant for 2-3 years. During that period of time, a number of reviews of the land were done to determine the highest and best use for the land. They also did some demographic studies. They came to the conclusion that they wanted a mixed PLANNINa COI�IlKI88ION MEETING, SEPTEMBER 12. 1990 PAGE 11 � - retail site and an auto mall was suggested. They reviewed a number of auto malls in town and decided they wanted to combine some old ideas with new ideas. The new idea being the restaurant and the configuration of the building materials. Mr. Schrader stated this property is in a redevelopment area for tax increment financing. He appeared before the HRA in an effort to obtain tax increment financing; however, upon meeting with City Council members, the Council felt it was in the petitioner's best interest to not seek tax increment financing. They have not done so. Mr. Schrader stated the site would have 26,300 sq. ft. of auto mall and 4,000 sq. ft. free-standing restaurant. There would be three buildings. Tenants they have under letter of credit for the auto mall make up 15,700 sq. ft., approximately 60� of the mall. They have Good Year, Mr. Clutch, an auto parts store, an auto glass repair, and an auto rental facility. Country Hospitality, a franchise of the Country Ritchen group, will have a full service restaurant. Mr. Schrader stated they have no objections to the stipulations recommended by staff. ^ Mr. Kondrick asked about the availability of parking if an auto leasing facility is allowed as a tenant. Mr. Schrader stated that if a tenant was leasing autos out of the site, there would not be enough parking. If an auto leasing facility is put into the mall, it would be an office only. The automobiles for lease would be kept off site. The restaurant and the other uses in the mall meet the parking requirements. Ms. Dacy stated the standards staff advised the petitioner to use was the 1- 150 sq. ft. which is very conservative and, if an auto mall was to not operate any more and a retail use went in, there would be adequate parking space. Staff also consulted an Urban Land Institute document regarding parking requirements for auto malls. Given that auto malls are a recent production of the automotive markets, a lot of zoning ordinances do not specify ratios. She believed the auto mall will generate a little lower parking demand than retail because the peak hours are morning and afternoon and there are not as many daily trips. Mr. Saba asked about the possibility of a body repair shop or an auto painting facility. Mr. Schrader stated there is a good possibility that they will have an automotive collision repair or painting center in the mall. They have discussed the issues regarding keeping the odors to level ^ of the code and protecting the neighboring residents, and they will PLANNINa COMMIBBION MEETING BEPTEMBER 12, 1990 PAGE 12 � - put these facilities in the easterly building. The buildings will be built to the specifications for these types of facilities. Mr. Saba asked about the exterior storage of damaged vehicles. Mr. Schrader stated they do not intend to store any collision vehicles. On occasion, it might happen, but they do not believe there will be a significant amount of overnight storage of damaged vehicles. They have discussed making sure they have enough square footage of storage inside as well as outside for partially damaged and collision vehicles. They do not want to be an eyesore. Mr. Paul Noyes stated they will not be dealing with badly damaged cars. Any damaged cars will be parked along the east side of the property, and those cars would not be seen by anyone driving by. Mr. Mitch DeMars, 1130 Fireside Drive, an owner of the Park Plaza Mobile Home Court, asked about the dirt being hauled onto the site. Is there any chance of contamination in the soil? Mr. Schrader stated they received a permit to bring the soil into the site. He has a contract with the excavator who brought in the soil that there are no contaminants in the soil. ^ Mr. DeMars asked about noise emission from the repair of cars. �` Mr. Noyes stated most collision centers close at 4:30 p.m.; however, they cannot limit the business to close at that hour. Every business will be closed, other than the restaurant, at 9:00 p.m. Mr. DeMars stated that noise emission and smells are the biggest concerns of the residents of Park Plaza Mobile Home Court. Mr. Schrader stated the mall has been designed so that the drive- in doors are all inside the square of the mall. Any doors facing north are drive-through doors. Hopefully, these doors will only be used as an exit function. They cannot govern the hours of operation beyond the limitation of the special use permit which is 9:00 p.m.; however, in their review of other auto malls, most malls operate during regular business hours. Mr. Schrader stated they have tried to keep any uses that will emit odors on the east side of the property away from the residents of the mobile home court and the restaurant. Mr. Noyes stated that with the new code requirements which filter out odors, he did not believe odor would be a problem. Mr. Betzold stated there is a stipulation restricting the closing ^ hour of a repair business to 9:00 p.m. Do they want to restrict - the starting time? PLANNING COMMI88ION MEETIN(�. BEPTEMBER 12. 1990 PAGE 13 � Ms. Dacy stated the Planning Commission could certainly do that. Mr. Betzold suggested no repair of automobiles before the hour of 7:00 a.m. Mr. Schrader stated he thought 6:30-7:00 a.m. would be reasonable. Mr. Betzold suggested another stipulation that the special use permit be reviewed in one year. Mr. Betzold also reassured the owners of the Park Plaza Mobile Home Court that he did not see the City doing anything to extend Viron Road at this time because of the City Council's policy to not displace existing families or condemn property. Mr. Paul Bodick, 748 Onondaga Street, stated he has lived at this address for 14 years. He stated he has a beautiful back yard. He is very concerned about the noise. A repair business is allowed to be open until 9:00 p.m. He did not want to be out in his back yard in the evening and hear pounding noise. And, it will be difficult for people to sleep in the morning and on weekends. There will be additional traffic and noise. ^ Mr. Noyes stated the only business on the north side near the residents will be an auto glass repair business. The collision shop will be on the east side by the junkyard. Again, he did not think noise will be a problem. Mr. Bodick stated any time they have their windows open, they will hear noise. They can hear people talking and smell gas from the SuperAmerica Station on 73rd/University Avenue. Mr. Schrader stated this property is zoned C-3, General Shopping, and any business put on that property within that zoning is going to generate a certain amount of noise and odors. The property has either been vacant or been a retail mobile home site or a used car site for a number of years, and it has been a quiet area. However, the auto mall is within the uses allowed in the C-3 zoning. He stated they are sensitive to the neighbors concerns and that is why they designed the mall the way they did. He stated he would be willing to have a one year review. Mr. Bodick stated that if this special use permit is approved and the auto mall is built, if there is a lot of noise, the neighbors in this area will certainly complain to the City. Ms. Delores DeMars, an owner of the Park Plaza Mobile Home Court, stated it was her understanding that the restaurant would be open 24 hours, and there would be a bar. She had concerns about the ^ late hours and the serving of liquor. PLANNINa CONII�iIBBION MEETING. BEPTEMBER 12. 1990 PAGB 14 ,� - Mr. Schrader stated the restaurant will be Country Hospitality, a family restaurant. In the planning stage, a pub was reviewed and decided against, so there will not be any "bar". However, the restaurant would like to be able to serve beer and wine with the meals. At this time, he did not believe the restaurant would be open 24 hours. It will probably close at the standard closing time of 1:00 a.m. Ms. DeMars stated there are several retirees in the mobile home court who have lived there 8- 25 years. These people are used to privacy and somewhat quiet so this will be a great change for them. Will there be trees and any kind of noise barrier? Mr. Schrader stated the elevations are different and the mobile home court is a little higher than the auto mall site so that will be a natural barrier. There is also the existing fence. He stated the petitioner is mindful of mobile home park residents as he the owner of several mobile home parks and houses, and he wants to do what he can to promote mobile home living in the City of Fridley. Ms. Evelyn Bodick, 1138 Onondaga, stated that garages that repair cars put hoses through the garage doors to vent the exhaust fumes. Will they have to put up with exhaust fumes? ^ Mr. Schrader stated that the latest and highest level of technology will be incorporated into this auto mall. He believed all the " emissions will be through the roof. Ms. Bodick stated the emissions will still be coming into the air. Their bedroom is right next to this property, and they get the gasoline fumes from SuperAmerica. They can even hear people talking at SuperAmerica in the middle of the night. This is really a disturbance. Mr. Noyes stated that regarding gasoline emissions, they will not have that with collision repair. Even if one car is started every one-half hour, it is still minimal compared to 80,000 cars a day traveling on Highway 65. And, there will be no repair at night after 9:00 p.m. Ms. Joyce Trebisovsky, stated she is one of the owners of the Park Plaza Mobile Home Court. She stated that Mr. Schrader had said that one of the tenants will be Good Year. She stated that she does business with Good Year. Good Year is open until 9:00 p.m., and they keep their doors open all the time. She is totally concerned about the clean air. There is a lot of traffic in the area already. The cars are totally backed up, especially at 4:00- 4:30 p.m. Ms. Trebisovsky stated she did not understand how the City can ^ allow acetone which is used to spray paint cars. She is frightened - because she knows what damage chemicals can do. She stated there PLANNINa COMMI88ION MEETING� SEPTEMBER 12. 1990 PAGE 15 � � is the junk yard on the east and that is where all the emissions are supposed to go. If the emissions are released out of the roof, they still go into the air and over the trailer court roofs. She stated she knows the City needs the tax money, but not at the expense of our lungs. Ms. Trebisovsky stated the Commission has suggested reviewing the special use permit in one year which sounds like they are going to approve it. She could understand progress, but she did not think this development is reasonable in this area next to residential. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing for ZOA #90-05 and SP #90-15 by A1 Schrader. QPON A VOICE VOTE, ALL VOTIN(3 AYE, CHAIRPERSON HETZOLD DECLARED THE MOTION CARRIED AND T8E pIIBLIC HEARINGS CLOSED AT 9:05 P.M. Ms. Sherek stated she is really concerned about a collision center/auto body repair shop in the auto mall. They just got an illegal auto body repair shop removed from 73rd Avenue, and the emissions were horrendous. 5he realized that most of this property is zoned C-3, but there is residential property right next to it, and she thought a collision center is an awful idea. ^ Ms. Dacy stated that one of the four special use permits the petitioner is requesting is for repair garages. It is within the Commission�s purview to specify what uses are permitted and what are not permitted. Mr. Betzold asked Mr. Schrader what he thought of a possible stipulation to not permit auto repair shops as a special use. Mr. Schrader stated that when the City limits its sphere of potential tenants, it limits their ability to overall lease the mall. They have met with several reputable collision centers in the metropolitan area, and they do not think it would be appropriate for the CIty to limit their ability to lease this potential site. They do not have a signed lease with a collision center at this time; however, collision centers are larger and would take up a considerable amount of square footage. By not allowing them to lease a collision center, the City would be hampering their ability to make a financially viable mall. It is a limitation they would have a hard time living with. Mr. Kondrick asked what is necessary for someone who will be painting cars and emitting odors. Ms. Dacy stated the tenant will come in for a building permit and as part of the building permit process, the tenant will be required to install a certain venting system (paint booth) which is reviewed � by the Fire Inspector. The paint booth will diminish the odor, but there will be some odor that will be emitted. It would be PLANNIN(� COMMI88ION MELTING� BEPTEMBER 12. 1990 PAGE 16 � � difficult for either a staff inember or the petitioner to state that 100� of the odors will be controlled from the site. That was the basis for staff's recommendation to locate these types of businesses as far away from the residential property as possible. The restaurant which is a permitted use also has odors. The restaurant will have vents and fans, but there will be some odor from it also. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of rezoning, ZOA #90-05, by A1 Schrader, to rezone Lots 7, 8, and 9, Block 1, Central View Manor, from M-1, Light Industrial, to C-3, General Shopping, generally located at 7355 Highway 65 N.E., for the construction of an ��auto mall�' and a restaurant, with the following stipulations: 1. The parcels shall be combined for tax purposes. 2. The special use permit, SP #90-15, shall be approved. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED T8E MOTION CARRIED IINANIMOIISLY. Mr. Saba stated he is a little concerned about a review of the special use permit in one year as the petitioner may or may not ^ have the mall fully leased. He would recommend an annual review until the mall is fully leased up to five years. This would also give the neighbors adequate time to communicate any concerns or violations of the special use permit to the City. Mr. Saba stated he also shared Ms. Sherek�s concern about an auto body repair shop. Ms. Sherek stated that if an auto body repair shop becomes a nuisance in terms of odors, etc., would the City have the power to revoke the whole special use permit, or would it be possible to require a special use permit for an auto body repair shop? Ms. Dacy stated the second option is fine. The City by Code has adopted the MPCA standards on odor emissions so if any of those standards are not being met by any tenant, the City has the power to base a revocation of the special use permit for that particular tenant. Ms. Dacy stated when staff looked at this particular application, typically one individual tenant would be coming in at one time to get a special use permit; but since this is an auto mall where there would be more than one application, they had taken the approach of a blanket permit. Given the concerns about odor and collision repair, she thought it would be appropriate to have these types of businesses apply for a separate special use permit. �'1 PLANNINa COMMI88ION MEETINa 88PTEMBER 12. 1990 PAGE 17 r'`� - MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to recommend to City Council approval of special use permit, SP #90-15, by Al Schrader, per Section 205.15.01.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.D.(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., 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. The berm at the intersection of 73 1/2 Avenue and Viron Road shall be reduced. B. Six additional Linden trees shall be added somewhere on the site. C. The wood screening 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. 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• Any auto body repair and painting facility and/or ^ detailing facility shall be required to obtain its own - special use permit. Auto body repair and painting PLANNIN(� COMMI88ION MEETINC3 BLPTEMHER 12, 1990 PAGE 18 �^� 9. l0. 11. 12. 13. 14. 15. � 16. 17. �^� tenants shall comply with EPA regulations to control odor emissions and hazardous materials. There shall be no repair of automobiles before the hour of 7:00 a.m. and after the hour of 9:00 p.m. Rooftop equipment shall be screened. The petitioner shall submit a comprehensive sign plan for City Council approval. Tenants which contribute to odor emissions shall be located along the east side of the eastern most building on the site. The petitioner shall apply for a special use permit for any auto rental tenants. A park fee of $.023 per square foot shall be paid at the time of building permit. The petitioner shall work with MnDOT to stripe a right turn lane to 73 1/2 Avenue on Highway 65. The special use permit shall be reviewed annually up to five years. A copy of the contaminant free soil report shall be provided to City staff for approval. IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. Ms. Dacy stated the City Council would have a public hearing on these items on October 15, 1990. 5. RECEIVE AUGUST 2 1990 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Saba, to receive the August 2, 1990, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED QNANIMOIISLY. 6. RECEIVE AUGUST 9 1990 HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to receive the August 9, 1990, Housing & Redevelopment Authority minutes. IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPERBON BETZOI�D DECLARED THE MOTION CARRIED IINANIMOIISLY. PLANNIN�3 COMMI88ION MEETING. SEPTEMBER 12. 1990 PAGB 19 �, 7. RECEIVE AUGUST 21. 1990. APPEALS COMMISSION MINUTES• MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the August 21, 1990, Appeals Commission minutes. QPON A VOICE VOTE, ALL VOTING AYB, CHAIRPERBON HETZOLD DECLARED T8E MOTION CARRIED IINANIMOIISLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the September 12, 1990, Planning Commission meeting adjourned at 9:30 p.m. Re ectfully s mitted, L aba Rec rding Secretary ^ � � � ,,"� � s=a�-tx s$s$T PLANNINa C'OlrII�iI88ION l�EETINQ, ` /% � ( �(�