Loading...
PL 07/28/1993 - 30776� � i "1 CITY OF BRIDLEY PLANNIN(�i COMMI88ION MEETING, JIILY 28, 1993 _________________________.,,,_..,._-----....___....,.......»..--------_.,___..__ CALL TO ORDER• Chairperson Newman called the July 28, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Dave Newman, Dave Kondrick, Dean Saba, Diane Savage, LeRoy Oquist Brad Sielaff, Connie Modig Others Present: Michele McPherson, Planning Assistant Doug LeMay, Home Veterinary Service Jim Leuck, 5872 - 4th Street N.E. Ron Stelter, Friendly Chevrolet Geo, Inc. Steve Billings, City Councilmember APPROVAL OF_JULY 14, 1993, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Savage, to approve the July 14, 1993, Planning Commission minutes as written. IIPON A VOICL VOTE� ALL VOTING AYE� CHAIRPERBON NEi�PMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. CONSIDERATION OF A SPECIAL USE PERMIT SP #93-12 BY HOME VETERINARY SERVICE. INC. Per Section 205.14.O1.C.(10) of the Fridley City Code, to allow an animal hospital located on Lots 5-8, Block 3, Bennet- Palmer Addition, and Lot 17, Block 4, Bennet-Palmer Addition, generally located at 5895 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Savage, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIHLIC BEARINd OPEN AT 7t32 P.M. Ms. McPherson stated the property is the site of the former Mr. Steak, Arnold's, and Straight Arrow restaurants. The property is zoned C-2, General Business, as are the properties to the north and south. The property to the east is zoned R-2, Two Family Dwelling. � � PLANNINd CON�lISSION MEETING. JIILY 28, 1993 PAGE 2 Ms. McPherson stated the petitioner is proposing to remodel the interior of the building in order to establish a veterinary hospital. The petitioner currently conducts a home veterinary service out of his home in Roseville. Ms. McPherson stated the Fridley City Code pernaits animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools, and training services in the C-2 zoning district with a special use permit. The follo�ing conditions must be met for the special use permit: 1. 2. 3. All windows in the area of the building housing animals shall be double-glazed with a fixed sash. Any ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside area. There are no outside pens or holding areas. Ms. McPherson stated that in addition to the proposed floor plan which includes a cat and dog ward, a lab area, grooming facilities, as well as typical accessory office areas associated with the veterinary service, the petitioner has submitted an extensive design for the ventilation system which will meet the Code requirements. The petitioner is intending to provide the required windows in the dog and cat wards where animals would be housed overnight. Each ward, as well as the surgery area, is proposed to be on individual ventilation mechanisms, and each of those areas will have its own air exhaust with a charcoal filter. There will be in excess of 12 air exchanges per hour for each individual ward which will more than meet the Code requirement. Ms. McPhersan stated the petitioner has an Infectious Waste Manage- ment Plan on file, and the petitioner is also currentiy licensed. Ms. McPherson stated that as the property has been vacant intermittently for a number of years, the general site maintenance has not been kept up to required standards. The following things need to be accomplished by the petitioner: l. 2. 3. 4. Repair fence. Remove weeds in the shrub beds in the area adjacent to the fence and in the parking lot. Prune trees and shrubs. Add new rock to the shrub beds. �LANNING COMMI88ION MTETING, JIILY 28. 1993 PAGE 3 Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the special use permit with the follqwing stipulation: 1. General site clean-up, including repairing the fence, removing weeds located in the shrub beds, in the area adjacent to the fence and in the parking lot, addition of new rock to the shrub beds, and the pruning of trees and shrubs, shall be completed by June 1, 1994. Mr. Kondrick asked if staff has received any objections or interest from the neighbors. Ms. McPherson stated she did receive one telephone call from a neighbor who was curious as to which building would be the veterinary hospital. The resident indicated that she was glad the building would be occupied and felt the use was appropriate. Ms. Savage asked if there is a need to require a landscape plan, in addition to the general site clean-up. Ms. McPherson stated that since the petitioner is not doing any exterior remodeling of the building or the parking lot, under the Landscape Ordinance, the City cannot require additional �"� landscaping. If the Commission feels strongly about the land- scaping, they could add a stipulation for additional landscaping. Dr. Doug LeMay, Home Veterinary Service, Inc., stated he is looking forward to occupying the building. If additional landscaping is required, that will have to be discussed with the owner of the property as he is only renting the property. As far as general clean-up, that needs to be done and he has no problem with that stipulation. Mr. Newman stated that in a discussion with another veterinarian, that person stated that the City should be careful on issues of sound and odor. Since the building was not originally constructed for this purpose, there is a greater likelihood of sound and odor emitting from the structure. Has Mr. LeMay addressed this issue of sound and odor in his plans? Dr. LeMay stated that the architeat has been looking at both those issues. As far as sound, they are looking at adding additional wall barriers that will further absorb the sound. As far as the odors, that is also one of his major concerns, and that is why they have designed extensive filters and ventilation system. The additional wall barriers should also trap any odors to the outside as well as the sound. He will discuss this with the architect and make sure there are no problems in the construction. �� � /"� PLANNING COMMI88ION MEETINa, JIILY 28, 1993 PAGE 4 Mr. Kondrick asked if an animal, other than the typical domestic animals, is brought to the hospital, does Dr. LeMay have the provisions to house that animal overnight? Dr. LeMay stated he would normally not house any wild animals in the facility and would send the animal to the Wildlife Rehabilitation Clinic located at the University of Minnesota-St. Paul Campus. As far as other pets, they will be housed in an isolation area which has its own exhaust system where any diseases could not be spread to other animals. Mr. Jim Leuck, 5872 - subject property and located to the south several concerns: 4th Street N.E., stated he lives behind the also owns the Oriental House restaurant of the subject property. He stated he has 1. As a resident behind the subject property, he is concerned about noise at night, specifically barking dogs. This building is not very soundproof, and since the dogs will be unattended at night, it could be noisy. He would like the petitioner to consider soundproofing the building since it is adjacent to a residential area. 2. He is concerned about the smell, not so much from the ventilation system, but from the disposal of waste, specifically animal feces. 3. Since he operates a restaurant, he is concerned about the visibility of the animal hospital. It has been his experience that when people bring animals in and out of the facility, the animals usually defecate or urinate in the yard. He is concerned that customers eating in the restaurant will see this and it will spoil their appetites. He would like to see either some type of pet enclosure near the entrance where people can take their animals or a fence between the restaurant and the animal hospital. The fence would have to be approximately 5 feet high and extend about two-thirds the length of the lot line. Dr. LeMay stated that regarding the issue of pet waste on the grass or in the parking lot, that will be cleaned up a soon as possible by the animal hospital workers. As far as urine, there is not much that can be done if there is some odor from that. From his experience, most animals defecate or urinate inside the building. Most of the animals will be entering the building on the north side of the building. If they establish a grooming facility, that will be on the south side of the building, the side tahere the restaurant is located. Dr. LeMay stated that as far as the disposal of the pet waste, there is no ordinance governing that. It will be disposed of in � PLANNING CON�lISSION MEBTING. JIILY 28. 1993 PAGE 5 the trash enclosure at the far east end of the property. That can be moved to a different location if odor becomes a problem. Dr. LeMay stated he would have no objection to a fence between the hospital and the restaurant. Again, that would have to be discussed with the owners of the property. Mr. Saba asked if screening could be accomplished with landscaping and shrubbery instead of a fence. Mr. Leuck stated there is about three feet of curb between the two lots. It is possible some shrubbery could be planted; but, again, the shrubbery would have to be about five feet high as one of their seating areas looks directly out onto the side of the proposed hospital facility. Ms. McPherson stated that, in addition to the general landscape cleanup, staff and the petitioner might want to explore the possibility of some type of enclosure where animals could be taken before entering the building. Mr. Saba asked about Mr. Leuck's concern about dogs barking at night. ,� Dr. LeMay stated it has been his experience that the animals tend to settle dowri and sleep when the lights are out and then get noisy in the morning. They hope to set up the facility so the animals cannot see each other. Hopefully, additional walls and sound- proofing in the ceiling will take care of any noise to the outside. MOTION by Mr. Saba, seconded.by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING CL08ED AT 7t55 P.M. Mr. Saba stated this sounds like a good use for this building. The petitioner has indicated a willingness to work with the City and the neighbors to solve any potential problems. He stated he would like to see the Commission stipulate a review period for this special use permit to make sure that any future problems are addressed. At this point, it is difficult to know what type of problems might occur. He suggested a review of the special use permit after six months. Mr. Kondrick agreed with Mr. Saba. It sounds like things can be worked out, and six months should be an appropriate length of time. Ms. Savage also agreed. Six months would also give them enough ,--. time to decide if additional landscaping is needed. � PLANNING COMMISSION MEETINa, JIILY 28, 1993 PAGE 6 Mr. Newman stated he would like to see a review after one year. That would give the animal hospital a full season of operation. Ms. Savage stated she would agree with a one year review. If there are any problems before that review, the neighbors can contact the City. Ms. McPherson stated that, administratively, a one year review period is easier for staff. If there are any complaints during the 12 month period, the complainant can work with staff and the petitioner. MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to City Council approval of Special Use Permit, SP #93-12, by Home Veterinary Service, Inc., per Section 205.14.O1.C.(10) of the Fridley City Code, to allow an animal hospital located on Lots 5- 8, Block 3, Bennet-Palmer Addition, and Lot 17, Block 4, Bennet- Palmer Addition, generally located at 5895 University Avenue AT.E., with the following stipulations: 1. General site clean-up, including repairing the fence, removing weeds located in the shrub beds, in the area adjacent to the fence and in the parking lot, addition of new rock to the shrub beds, and the pruning of trees � and shrubs, shall be completed by June 1, 1994. 2. The special use permit shall be reviewed by the Planning Commission in 12 months regarding noise and odor. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on August 16, 1993. 2. CONSIDERATION OF A SPECIAL USE PERMIT. SP #93-13 BY FRIENDLY CHEVROLET GEO. INC.: Per Section 205.14.01.C.(2) and (3), and per Section 205.12. 02.B.(3) of the Fridley City Code, to allow agencies selling or displaying new and/or used vehicles, recreational vehicles, or boats on that part of the southeast 1/4 of the southwest 1/4 lying southerly of the northerly 50 feet thereof, lying northerly of the southerly 400 feet thereof, and lying westerly of the easterly 600 feet thereof, excluding that part taken for road, and subject to easements of record, generally located at 7011 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and open the public hearing. �` IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN 1�T 8:00 P.M. ^ PLANNING CONIIdiISBION I�EETING. JIILY 28, 1993 PAG� 7 /"� Ms. McPherson stated this special use permit request is for the Columbia Arena site at 7011 University Avenue. The property is zoned P, Public. M-2, Heavy Industrial zoning, is located to the north, and a pocket of R-1, Single Family Dwelling zoning, is located to the south of the intersection of 69th Avenue and University Avenue. Ms. McPherson stated the petitioner, Friendly Chevrolet Geo, Inc., is representing itself as well as three other dealerships who are participating in a sale of used vehicles during the Labor Day weekend, September 3, 4, and 6, 1993. The sale will be conducted in the north parking area of the Columbia Arena facility. Customer parking will be located along the west and south sides of the Columbia Arena facility. Ms. McPherson stated the area for vehicle display is proposed to be blocked off and traffic routed around the display vehicles. A staff person will be directing traffic on the site. Ms. McPherson stated the petitioner is proposing to erect a tent and provide portable toilets for customers. The public will not have access to Columbia Arena, so the toilets will have to be handicap accessible. . Ms. McPherson stated the petitioner is proposing to have 24 hour security on site. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the special use permit request with �he followinq stipulations: 1. The vehicle sales will occur no more than once per year for no more than three days over the Labor Day weekend. 2. The use of streamers, pennants, and flags is prohibited. 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code. 5. The portable toilets shall be handicap accessible. 6. The petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurring on 69th Avenue and the University Avenue frontage road. � � PLANNING COMMISSION MEETING. JIILY 28. 1993 PAGE 8 /'1 7. The participating dealerships shall apply for and receive the appropriate City licenses. 8. There shall be no test driving of cars in the residential neighborhood located south of 69th Avenue. Ms. McPherson stated that after receiving the public hearing notice of this public hearing, a resident telephoned her to request that a barricade with the signage, "Residential Area - No Exit", be temporarily located at the intersection of the entrance to the neighborhood and the frontage road. She would suggest that stipulation be added as stipulation #9. Ms. Savage asked if this sale could be held once a year with the special use permit. Ms. McPherson stated that is correct. The special use permit runs with the property, and it is possible that this could become an annual event. However, all future sales would be subject to the same stipulations. Mr. Saba asked what would prevent the petitioner from having a Labor Day auto auction. He stated he is mainly concerned about older cars that could be leaking oil and antifreeze. Ms. McPherson stated the Commission could add a stipulation that all cars must be licensed, street operable, and not leaking any fluids. Mr. Newman asked if the conditions outlined here are substantially the same as those granted for the vehicle sales for Sam's Club. Ms. McPherson stated that is correct. Sam's Club requested to be allowed two sales per year. This request is only for the Labor Day weekend. Mr. Oquist stated he liked the idea of a stipulation that the cars be currently licensed and street operable. Mr. Ron Stelter stated he is the Secretary/Treasurer for Friendly Chevrolet Geo, Inc. He stated he had one concern about the stipulation that would require the cars to be licensed. He stated that they have a lot of program cars that have been at an auction that have not yet been licensed. Also, a lot of cars come from out of state. As far as junk cars, they do not sell junk cars. They sell only late model cars. He would have no objection to a stipulation stating that the cars must be street operable and not leaking any fluids. He also had no problem with a stipulation requiring a barricade to the residential neighborhood. � Councilmember Steve Billings stated he was at the meeting on behalf of the neighbors of the Holiday Hills residential area south of �..� PLANNINa CONIIKISSION MEBTING. JIILY 28. 1993 PAGE 9 69th Avenue. He stated one concern expressed by a couple of the residents that has already been addressed by staff is the issue of a barricade at the entrance to the residential area. He stated it might also be appropriate to reword stipulation #6 to add that the traffic management person should also keep all unnecessary traffic out of the residential area to the south. Councilmember Billings stated they did not stipulate a review on the Sam's Club special use permit, but the circumstances are a little different in that case in that there is� no residential neighborhood relatively immediately adjacent to Sam's Club. He stated if the Planning Commission wanted to stipulate a review after the first sale and ask staff to monitor the special use permit after each additional sale, that would be acceptable. Mr. Saba stated that since this sale will be during Labor Day weekend, there will be a lot of people using Locke Park. He would like to see the traffic management person also prevent traffic from entering Locke Park. Councilmember Billings stated it might also be appropriate to place a barricade and signage on 71st Avenue. Mr. Stelter stated that 990 of the time, people test driving the ^ vehicles are accompanied by a salesperson. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:20 P.M. Mr. Oquist stated he would like to add a stipulation that the special use permit be reviewed prior to the next sale. The Commission members agreed. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend to City Council approval of Special Use Permit, SP 93-13, by Friendly Chevrolet Geo, Inc., per Section 205.14.O1.C.(2) and (3), and per Section 205.12.02.B.(3) of the Fridley City Code, to allow agencies selling or displaying new and/or used vehicles, recreational vehicles, or boats on that part of the southeast 1/4 of the southwest 1/4 lying southerly of the northerly 50 feet thereof, lying northerly of the southerly 400 feet thereof, and lying westerly of the easterly 600 feet thereof, excluding that part taken for road, and subject to easements of record, generally located at 7011 University Avenue N.E., with the following stipulations: �'� 1. The vehicle sales will occur no more than once per year for no more than three days over the Labor Day weekend. � PLANNING COMMISSION MEETING. JIILY 28. 1993 PAGE 10 ,>'� 2. The use of streamers, pennants, and flags is prohibited. 3. The petitioner shall comply with the temporary sign ordinance for all temporary signs on the property. 4. The petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code. 5. The portable toilets shall be handicap accessible. 6. The petitioner shall provide a traffic management person to properly control traffic on site and to prevent problems occurrinq on 69th Avenue and the University Avenue frontage road and to direct unnecessary traffic away from the residential neighborhood. 7. The participating dealerships shall apply for and receive the appropriate City licenses. 8. There shall be no test driving of cars in the residential neighborhood located south of 69th Avenue and in Locke Park. 9. Barricades shall be placed at the entrance to the neighborhood on 69th Avenue and on 71st Avenue. The barricade at 69th Avenue shall include a sign with the language "Residential Area, No Exit". 10. The cars for the sale shall be street operable and shall not be excessively leaking fluids. 11. The special use permit shall be reviewed by the Planning Commission prior to the next sale. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON NEAMAN DECLARED THE MOTIOIJ CARRIED IINANIMOIISLY. � 3. APPROVE REMOVAL OF TREE AT MOORE LAKE BEACH PARK• Ms. McPherson stated the 1993 capital improvements plan includes adding an additional parking lot at Moore Lake Beach Park. The Engineering Department has designed a 31 space parking lot with a pad for parking the City's Showmobile. As part of the overall design, the Engineering Department has attempted to avoid removing as many trees as possible. However, there are three trees that will be impacted by the construction of the parking lot. Two are 3-inch Maple trees that will be relocated, and one is a 10-inch Ash tree. They have explored the possibility of relocating the Ash %� tree; however, the success of the relocation of that large a tree is not very good. �� PLANNING COMMISSION MEETINa. JIILY 28. 1993 PAGB 11 Ms. McPherson stated that the City Code requires approval by the Parks & Recreation Commission, Planning Commission, and City Council before the City can remove a tree on City-owned property. Jack Kirk, Director of Recreation & Natural Resources, polled the Parks & Recreation Commission members, and four of the five members indicated they had no objection to the removal of the tree. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the 10-inch Ash tree to allow construction of the Moore Lake Beach Park parking lot. Mr. Kondrick stated that the Parks & Recreation Commission was not in favor of an additional parking lot at Moore Lake Beach Park. They believed the existing parking lot is adequate and that unless Central Avenue is posted "no parking" on the west side of the street, people are going to continue to park on Central Avenue. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend to City Council approval of the removal of the 10-inch Ash tree to allow the construction of the parking lot at Moore Lake Beach Park with the condition that the City plant two additional trees to replace the one tree removed and that the new trees conform with City ordinance requirements. ��. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NES�MAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. RECEIVE JULY_13, 1993, APPEALS COMMISSION MIATUTES• MOTION by Ms. Savage, seconded by Mr. Kondrick, to receive the July 13, 1993, Appeals Commission minutes. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARED '1'8E MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Ms. Savage, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson New�an declared the motion carried and the July 28, 1993, Planning Commission meeting adjourned at 8:40 p.m. Res ectfully s bmitted, Ly e Saba R cording Secretary �