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PL 03/09/1994 - 6929/'� PLANNINC� COMMI88ION MELTINC� WLDN88DAY, MARCH 9, 1994 7:30 P.M. PUBLIC COPY � ^ �"_ City of Fridley A G E N D A PLANNING COMMISSION MTG. WEDNESDAY, MARCH 9, 1994 7:3U P.M. LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER• ROLL CALL: APPROVE PLANNING CONIl+�IISSION MINUTES: January 12, 1994 PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT REOUEST P.S. #94-01. BY SCOTT LIIND OF RITE-WAY MOBILE HOME REPAIR: To split the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition and combine it with Lots 7, 8, and 9, Block 1, Central View Manor, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue. PUBLIC HEARIATG: CONSIDERATION OF A REZONING REOUEST ZOA #94 O1 BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR: To rezone property from C-3, General Shopping Center District to M-1, Light Industrial on the East 180 feet of Lot 3, Block 1, Central View Manor Second Addition, generally located on Highway � 65 south of Fireside Drive and north of 73 1/2 Avenue. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94 01, BY WAL-MART STORES: Per Section 205.14.O1.C.(13) of the Fridley City Code, to allow garden centers or nurseries which require outside display or storage of inerchandise, on Lot 1, Block 1, Wal-Mart in Fridley, the same being 8450 University Avenue N.E. RECEIVE THE MINUTES OF THE ENVIRONMEATTAL OUALITY AND ENERGY COMMISSION MEETING OF DECEMBER 21 1993 RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF JANUARY 3. 1994 RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF JANUARY 6. 1994 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF JANUARY 11, 1994 RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF FEBRUARY 3 1994 RECEIVE THE MINUTE5 OF THE HUMAN RESOURCES COMMISSION MEETING OF FEBRUARY 10. 1994 �"1 ADJOURNMENT �"'� CITY OF FRIDLEY PLANNING COMMISSION MEETING, JANUARY 12, 1994 _____________........---------_......--------....__,._,,....------------------ CALL TO ORDER• Vice-Chairperson Kondrick called the January 12, 1994, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Kondrick, Dean Saba, Diane Savage, Brad Sielaff, LeRoy Oquist Members Absent: Dave Newman, Connie Modig . Others Present: Barbara Dacy, Community Development Director Nlichele McPherson, Planning Assistant Dave Sallman, Director of Public Safety Greg Asproth, University Billiards Ty Wilson, University Billiards Sarah Gardner, 3300 Edinborough Way, Edina Julie Brunner, 7235 East River Road APPROVAL OF DECEMBER 22 1993 PLANNI1dG COMMISSION MINUTES; �� MOTION by Mr. Oquist, seconded by Ms. Savage, to approve the December 22, 1993, Planning Commission minutes as written. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. (Tabled) CONSIDERATION OF A SPECIAL USE PERMIT SP #93-17 BY UNIVERSITY AVENUE BILLIARDS INC. Per Section 205.17.O1.C. (4) of the Fridley City Code, to allow an expansion of a commercial recreation use on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. MOTION by Mr. Oquist, seconded by Ms. Savage, to remove SP #93-17 from the table and to continue the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPER30N RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the Planning Commission revie�ed this special use permit request at the December 22, 1993, meeting. The petitioner is proposing to add an approximately 6,000 square foot expansion onto the existing University Billiards space located at 7178 University Avenue N.E., which will bring the tatal square ,._,, footage of the commercial recreation use to 13,792 square feet. ' The addition would allow the petitioner to add 16 pool tables, five � PLANNING COMMI83ION MEETINC3, JANOARY 12, 1994 PAGE 2 arcade games, two dart games, an expansion to the existing kitchen, and the addition of a pro shop. Ms. McPherson stated that at the December 22, 1993, meeting, staff recommended that the Planning Commission recommend denial of this request due to the lack of adequate parking provided on the site. Ms. McPherson stated that at the request of the petitioner and the building owner, staff has re-evaluated the parking requirements. The original number of spaces was calculated based on 10 foot wide stalls which is the size required in commercial districts. However, an ordinance change in the last three years permits nine foot stalls on properties which are zoned industrial. In recalculating the number of spaces using nine foot stalls, there are 179 spaces available on site which are more than adequate to handle both the proposed expansion by University Billiards and the reoccupancy of the last remaining 6,000 square feet of leasable space. However, because of the winter conditions and the amount of snow, staff was unable to verify if the parking lot is currently striped at nine feet. Ms. McPherson stated staff has added stipulation number 8 which states: "As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. � Ms. McPherson stated staff is still recommending. the seven '� stipulations as presented at the December 22 meeting.. The stipulations are as follows: 1. The hours of operation shall be limited from 8:00 a.m. to 1:00 a.m. 2. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. 3. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 4. The petitioners shall patrol parking lot and manage its misuse. 5. No alcoholic beverages shall be served or allowed on the premises. 6. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. � PLANNING COMMISSION MEETING. JANUARY 12. 1999 PAa$ 3 7. The special use permit shall be reviewed by the City Council one year from the date of approval or sooner if the City determines there is a management problem which requires further restrictions or removal. 8. As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. Ms. McPherson stated that at the December 22 meeting, the Commission spent a lot of time discussing the testimony provided by the Police Department. Public Safety Director Dave Sallman is at the meeting to restate the department's concerns regarding this request and to answer any questions the Commission may have. Director Sallman stated he would like to state the Police Department�s position on this speeial use permit request. When a situation affects the public safety and crime prevention of the City, they feel.obligated to state that opinion. In this particular case, the strip mall in which University Billiards is located, along with U.S. Swim & Fitness, had twice as many crimes committed over the past year than the strip mall at East Moore Lake Commons. Director Sallman stated they selected East Moore Lake Commons ''� because it is the closest in the City with a health club to make a comparison. When they met with the owners of University Billiards, the Police Department offered to use any strip mall they wished the Police Department to use for crime comparisons. Director Sallman stated they are not saying that the owners of University Billiards run a bad business or do not do a good job. Calling the police on some of these issues shows that the owners have shown some responsibility to deal with the issues that occur within their building. The point he is trying to make is that other businesses do not have to do that. The Police Department has received complaints from other business owners saying that the Police Department is not doing its job because of the damages that occur to vehicles parked outside their businesses in this strip mall. Director Sallman stated the question could be asked: Should University Billiards be held responsible for the conduct of what occurs around them? That is a decision the Commission will have to make. In the Police Department's opinion, if it was not for University Billiards being at that location and being open almost 24 hours per day, this would not be an issue. Director Sallman stated that regarding juveniles, there is a requirement that juveniles be off the street at 9:30 p.m. The � owners of University Billiards allow juveniles of a certain age to stay until 10:00 p.m. and another age to stay until 12:00 p.m. PLANNING COMNlISSION MEETING, JANUARY 12, 1994 PAG$ 4 /"� Director Sallman stated that even though the business does not have a liquor license and drinking is not allowed, it might as well have a li�uor license because there is drinking in the parking lots. The only alcohol offenses that the Police Department can enforce on private property are DUI's or under age drinking. Director Sallman stated that even if all juveniles (under age 18) are asked to leave University Billiards by midnight, there are a number of juveniles, aged 18-21, who have still been drinking. That is not the concern of the owners, but it is against the law. Ms. Savage stated that stipulation #1 states that the hours of operation would be limited from 8:00 a.m. to 1:00 a.m., and stipulation #2 states that no juveniles shall be allowed in University Billiards without thei�` parents after 9:30 p.m. Did Director Sallman believe these two stipulations would help? Director Sallman stated that if the Commission recommends approval of this special use permit, the Police Department would like those restrictions added. Juveniles are responsible for some of the problems going on at this location. Mr. Sielaff asked when is the most frequent calls for service. Director Sallman stated about 390 of the calls for service occur � after 1:00 a.m. A lot of people do not know when the actual crime is committed and report the crimes when they are discovered. The calls for service include lockouts, medicals, etc. Mr. Oquist stated that at the last Planning Commission meeting, there was also some discussion about U.S. Swim & Fitness being open 24 hours a day. It wasn't clear to him whether some of the crime issues were related to the billiards business or to the health club. Director Sallman stated it is the Police Department's opinion that the crime is related to the billiards business. As stated earlier, 39% of the calls for service to the billiards operation occur after 1:00 a.m. In comparison, 15% of the calls for service to the health club occur after 1:00 a.m. The health club is not a comparable business, and there is a much smaller number of people at the health club between 1:00 - 8:00 a.m. Mr. Saba asked if a police officer ever goes into University Billiards. Director Sallman stated police officers do walk through University Billiards as time permits. Mr. Kondrick stated that at the last Planning Commission meeting, the Commission members had brought up the fact that more lighting ^ might be a deterrent to crime in the parking lot. Did Director Sallman think that more lighting would be a deterrent and would prevent some of the crime that is happening to adjacent businesses? � � PLANNINa COMMIBSION MEETING. JANQARY 12. 1994 PAGE 5 Director Sallman stated it is reasonable to assume that more lighting would cut down some of the crime activity. Mr. Kondrick asked if the Police Department believed it is important for University Billiards to close at 1:00 a.m. Director Sallman stated that the bars must close at 1:00 a.m. He does not see much difference between a bar and University Billiards, with the exception that minors can be at IIniversity Billiards because they do not have a liquor license. The City has control over establishments with liquor licenses when there are reports of underage drinking, etc., and they do not have that control with University Billiards. That is the Police Department�s reason for the 1:00 a.m. closing time. He believed a lot of University Billiards' business af.ter 1:00 a.m. is post bar rush. Mr. Greg Asproth, co-owner of University Billiards, stated there are a lot of things that Director Sallman said that he does not agree with, and there are some things that he does agree with. He did agree that if their business was not there, there would be less crime in this area. Making them look like they have all underage drinkers and things going on almost on a regular condoned basis is very far from the truth. He stated they fight tooth and nail to run the cleanest establishment they can. It is nearly impossible for the owners of this kind of business to control everything that goes on in the parking lot. Over the last two year period, they have had over 300,000 customers. The percentage of crime compared to those 300,000 people is relatively low. Mr. Asproth stated that he and his partner, Ty Wilson, do not like to see juveniles drinking. They patrol the parking lot regularly, and all employees are instructed to ask juveniles to leave immediately if they are drinking, or they call the Police Department which they have been encouraged to do. If they are limited to the 1:00 a.m. closing time, it won't stop the teenage drinking. The teenagers will just go somewhere else to drink. It will just change the crime rates to other places and maybe these other places will not do as good a job as they do to control the problems. Mr. Asproth stated that when University Billiards e�anded their business before, they did have stipulations which they followed. They have made a point to watch the �parking lot tighter and tighter, because they agree that is where the biggest problem is. Mr. Asproth stated their business is a good, healthy business. A lot of the 150,000 customers per year are from Fridley. There are people who work nights who come in and play, and those people would not be able to play if the City puts on these limitations. ��` Mr. As roth stated the P parking lot is full every night. They don't feel they can handle very many more cars than what they already have, but they need more room in the building for more tables. PLANNING COMMISSION MEBTINa. JANUARY 12. 1994 PAa$_6 �. Their goal with the expansion is to better serve the customers they have now. They have a waiting list almost any night of the week. Customers wait 2-3 hours to get a table. If they are required to close at 1:00 a.m., many of their customers would not be able to play and their competing businesses would thrive. Right now, University Billiards is the biggest and the best at what they do. Ms. Savage stated she could not recommend approval of the special use permit if the petitioners are not in agreement with the stipulations recommended by staff. Mr. Asproth stated they want to follow every law and rule to make their business successful, but they cannot afford to expand if they are required to abide by some of these stipulations. Every other billiard room in the Twin Cities area is open at a minimum until 4:0o a.m.; the maximum is all night. There are 8-10 billiard rooms in the Twin Cities area. Mr. Saba asked if the petitioners have done any studies about added security. Mr. Asproth stated they have the option to put in more lighting. They could also do more security, especially on weekends. He called their leasing company about getting estimates on lighting. The leasing company wanted to know how many lights and .how many candle watts per light. He stated it is difficult to know what � they want and what the City would require. However, they would be happy to add more lighting. Mr. Saba asked if the petitioners allow drinking in the parking lot. Mr. Asproth stated they do not tolerate any drinking. When they see someone drinking, that person is kicked out permanently. They have a long list of people who have been asked not to come back. Mr. Kondrick stated he believed that lighting is part of the answer to the crime problem at this location. They have to either find some way to prevent so many police calls to this location, or they are going to have to enforce a closing of 1:00 a.m. Mr. Asproth stated that if the City wants to stop all crime, then all the bars should be closed and no liquor licenses issued. He stated that it sounds like the Police Department is coming to their place very night, but that is not the case. There are a lot of combined offenses by certain people. They cannot deny that there is crime out there, but they cannot control it all. They just do the best they can to control it. The majority of the people they attract are good people and are going to suffer because of the few bad people who make the business look bad. He would invite every Commission member to visit their business. ^ PLANNING COMMISSION MEETING. JANQARY 12. 1994 PA�B 7 �"� - Mr. Oquist asked if Director Sallman had talked to any of the people from other communities that have billiard rooms about whether they are experiencing problems. Director Sallman stated that they have checked with the City of Elk River. Because the City of Elk River was also experiencing crime problems, it restricted the hours to 1:00 a.m. Coon Rapids Billiards is having more problems inside than Fridley has and would like to do something about it. Director Sallman stated he believed it is true that University Billiards is the best run billiard room in the Twin Cities. The owners are honest and sincere in saying that they do as good a job as they are capable of doing. The Police Department's concern is based on past history. The problems are still there; and if there is an expansion, the Police Department sees an expansion of the problems that are already there. Mr. Asproth is right about the fact that the Police Department is not there every night. Ms..Savage asked Mr. Asproth's position on stipulation #2 stating that no juveniles shall be allowed in University Billiards without their parents after 9:30 p.m. Mr. Asproth stated it is a hard issue. They have a lot of 17 year- olds who come in with their girlfriends after a football game. !�� With this restriction, they would have to sit at the door and monitor and tell these teenagers they cannot come in anymore. It is an issue they can deal with, but by not allowing them in, it is sending these teenagers to another billiard room that is not run as well as theirs is. They follow the curfew law whicH is no loitering or loafing any time after 9:30 p.m., and they are even stricter than the City's curfew law. They card and do not allow minors, 17 years old and younger, into the establishment after midnight. At 10:00 p.m., they ask all minors, 16 years old and younger, to leave. Mr. Ty Wilson, co-owner of University Billiards, stated when they researched the business before opening, they decided that the nicer and classier place they had, the less chance they would have of attracting the undesirable people. They spared no expense in making their place nice and first class. With the expansion, besides putting in a restaurant and pro shop, they also plan to spend a considerable amount on maintenance, new carpeting, etc. This will make the place even nicer and less comfortable for the undesirable people than when they first opened. Mr. Wilson stated that as far as the parking lot issue, he believed a vast majority of the problems stem from thefts in their parking lot, and most of these thefts occur after 1:00 a.m. But, after 1:00 a.m., there are not many cars in public parking lots, other � than University Billiards, restaurants, etc. He believed if they light up the parking lot more, it would vastly help the problem. PLANNING COMMISSION MEETING, JANUARY 12. 1994 PAGB 8 Mr. Wilson stated a majority of their business is before 1:00 a.m. than after 1:00 a.m. However, if people are going to leave their houses at 10:00 p.m. to play pool and they know there is a waiting list of at least an hour, with a closing time of 1:00 a.m., they will go somewhere else that has a later closing time. People who come later anticipate playing until 2:00-3:00 a.m. Closing at 1:00 a.m. would hurt their business tremendously. Mr. Wilson stated they are very opposed to alcohol drinking. They have common sense rules that must be followed. Most people do obey the rules, and they make examples of the people who do not obey the rules. Some very good customers have been kicked out forever. This sends the message that certain things will not be tolerated. Mr. Wilson stated he understands the City's problem abou� crime. They run the most successful billiard room in the state. One of the reasons it is so successful is because he and Mr. Asproth are there every night to see what is going on and to enforce the rules . Their goal was to open up the nicest, non-alcoholic, billiard room in the whole State of Minnesota. They are successful because their place is a safe, clean, fun place to play pool. To put these stipulations on them would put a stranglehold on their business. Mr. Kondrick asked when University Billiards closes. Mr. Wilson stated they have no restrictive hours now. They generally stay open until 5:00 a.m. on weekdays and 7:00 a.m. on weekends. Mr. Si�laff referred to stipulation #7 which states: "The special use permit shall be reviewed by the City Council one year from the date of approval or sooner if the City determines there is a management problem which requires further restrictions or removal." He asked the petitioners if they could live up to that stipulation. Mr. Asproth stated he believed they can. They would not agree to that stipulation if they did not feel confident that they could abide by it. Mr. Saba stated that at the last Planning Commission meeting, the petitioners mentioned the possibility of a video camera aimed at the parking lot. Is this a possibility for added security? Mr. Wilson stated they have discussed the possibility of a video camera, not only for the parking lot, but also inside the building itself. Mr. Oquist asked if there is any possible compromise on the closing time. Mr. Wilson stated that is difficult. The customers who come in at 12:00 or 1:00 a.m, want the option to play until 4:00 - 6:00 a.m. ,�, �� "'1 PLANNING COMMI88ION MEETING. JANOARY 12, 1994 PAGE 9 Mr. Asproth stated the majority of the crime-related activities appear to be happening during University Billiards' busiest hours which are 10:00 - 2:00 a.m. So, a closing time of 1:00 a.m. is not going to solve those problems. Director Sallman stated that it is probably true that most of the problems are going to occur during the time when University Billiards is its busiest. The Police Department's issue is not what goes on inside the business; the owners do a fine job of running the business. The problem is it is a place to hanq out. He stated he believed the Police Department has been kind by limiting the scope of its study to the mall rather than expanding it to �he whole grid area and comparing it to another industrial grid. MoTION by Mr. Sielaff, seconded by Mr. Oquist, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERBON RONDRICR DECLARED THE MOTION CARRIED AND THE pIIBLIC BEARIN(� CLOSED AT 8:50 P.M. Mr. Kondrick stated that at the last Planning Commission meeting, the Commission members had discussed the issue of more lighting, and he wished the petitioners had done more to show that lighting !�� might be part of the answer to these problems.. Mr. Oquist stated they could add more lighting as a stipulation. He sees the hours as the real issue. A fair amount of the business seems to be after 1:00 a.m. It sounds like the owners try to run a good business. Mr. Saba stated the owners do run a good business. The problem is that the business is drawing the wrong element, and limiting the hours might not be the answer to this type of situation. The element is going to be there any time between 10:00 p.m, and 1:OfJ a.m. and after. Ms. Savage stated she only sees more problems if the business is allowed to e�and. More lighting might help, but people still commit crimes when lights are on. She did not believe the petitioners would agree to any compromise regarding the hours. No one is saying that the owners are not doing a good job, but that is irrelevant. When you have a place that stays open almost all night where a lot of people can congregate, that is a built-in situation for problems. Mr. Sielaff stated he sees stipulation #7 regarding the review of the special use permit as the key. The owners have said they are willing to assume the risk of that stipulation. The owners have a lot to lose if things do not improve. It certainly gives the owners an incentive to do whatever they can to help eliminate the crime that is happening now. PLANNING COMMISSION MEETING. JAN�ARY 12. 1994 PAG$ 10 � Ms. Savage stated she does not see anything special about this business that it should be allowed to stay open later than 1:00 a.m. Mr. Saba stated that he agreed with Mr. Sielaff, but Director Sallman's concern is that this type of business draws a bad element. At the last Commission meeting, the Commission asked for a study to be done on security and lighting. He stated he was disappointed that the petitioners had not done any kind of study for the staff and Commissioners to review. He had hoped the Commission would have some data on security measures that can be taken to reduce crime. He would had a difficult time recommending approval of this special use permit request without enforcing some restriction on the hours, even though he is not convinced that is going to solve the problem. Ms. Savage stated it is not necessarily a"criminal element" that is committing these crimes. There are kids who are o.k. kids most of the time, but they are going through a period in their lives and when they get together late at night, they can cause problems. Mr. Oquist stated this is a place for people to hang out. He agreed with Ms. Savage that they are not necessarily talking.about a criminal element. Limiting the hours (stipulation #1) will negatively affect the business and will stop the e�nsion, but it will not solve the problems that are happening now. He would like � to see the Commission delete stipulation #1, add a stipulation regarding security, and strengthen stipulation #7 regarding the review of the special use permit. Mr. Saba stated he would also like a stipulation added about security and lighting and to strengthen stipulation #7 as much as possible, possibly with a review after six months, after one year, and annually after that. Ms. Savage stated that sounds like they are pinning their hopes on security and lighting. She believed that with the expansion and the same hours of operation, there would just be more problems. She believed there should still be some limitation on the hours. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve special use permit, SP 93-17, by University Billiards, Inc., per Section 205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use on Lots 4, 5, and 6, Block l, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E., with the following stipulations: 1. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. 2. The petitioner shall provide adequate adult staff at all �'� times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. � � PLANNING COMMI88ION MEETING, JANIIARY 12, 1994 PAGE 11 3. The petitioners shall patrol parking lot and manage its misuse. 4. No alcoholic beverages sha11 be served or allowed on the premises. 5. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 6. The special use permit shall be reviewed by the City Council every six months for the first two years and annually thereafter. 7. As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. 8. A security, lighting, and surveillance plan shall be submitted prior to consideration by City Council. � IIPON A VOICE VOTE, SAPAGE VOTING NAY, VICE-CHAIRPER80N RONDRICR DECLARED THE MOTION CARRIED. Ms. Savage stated she would like more information from the Police Department on the types of calls and types of crime to be submitted to the Council. This might be useful information for the Council to see if there is an increase in calls during the later hours. Ms. McPherson stated this item will go to City Council on February 7, 1994. MOTION by Mr. Saba, seconded by Ms. Savage, to move item #3 to the second item on the agenda. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOIISLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #93-18, BY JULIE BRUNNER• Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow accessory buildings other than the first accessory building over 240 square feet on the south half of Lot 5 and all of Lot 6, Block l, Hillcrest, generally located at 7235 East River Road N.E. � MOTION by Mr. Saba, seconded by Mr. Sielaff, to open the public hearing. PLANNING COMMISSION MEETING, JANIIARY 12. 1994 PAGE 12 IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR ^ DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 9:30 P.M. Ms. McPherson stated the property is zoned R-1, Single Family Dwelling, as are all the surrounding parcels. Granting the special use permit will allow a 15 ft. by 22 ft. detached garage to continue to exist on the property. Currently, a new single family dwelling unit and attached two-car garage are being constructed on the property. The original dwelling was damaged by fire in 1990 and was removed; however, the original detached garage was not damaged by the fire so it remains on the property. The petitioner is proposing to use the accessory structure for the storage of wood, bicycles, garden equipment, etc. They will re-side and reshingle the detached structure to match the new dwelling. Ms. McPherson stated that the granting of the special use permit does not adversely impact the lot coverage, and the accessory structure meets the setback requirements. As the petitioner does not plan to use the accessory structure for vehicle storage, a hard surface driveway is not �equired. Ms. McPherson stated staff recommends that the Commission recommend approval of the special use permit with one stipulation: 1. The structure shall be resided and shingled to match the � new dwelling. Mr. Kondrick suggested that a time limit be put on the re-siding and reshingling of the structure. Six months seems like a reasonable timeframe. The petitioner had no objection with that addition to the stipulation. MOTION by Mr. Sielaff, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPE1t30N RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 9:40 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #93-18, by Julie brunner, per Section 205.07.01.C.(1) of the Fridley City Code, to allow accessory buildings other than the first accessory building over 240 square feet on the south half of Lot 5 and all of Lot 6, Block l, Hillcrest, generally located at 7235 East River Road N.E., with the following stipulation: 1. The structure shall be resided and reshingled to match the new dwelling by September 1, 1994. ^ PLANNING COMMI88ION MTsETING. JANUARY 12. 1994 PAGE 13 �, IIPON A VOICE VOTE, ALL VOTING AYE, VICE—CHAIRPER80N RONDRICR DECLARED THE MOTION CARRIED IINANIMO�SLY. Ms. McPherson stated this item will go to City Council on February 7, 1994. 3. 1TABLEDI CONSIDERATION OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 205. ENTITLED "ZONING" BY ADDING 205.27 (0-4 WETLAND DISTRICT)• MOTION by Ms. Savage, seconded by Mr. Oquist, to remove the item from the table and continue the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOII3LY. Ms. McPherson stated that since the December 8, 1994, Planning Commission meeting, staff has made several revisions to the proposed ordinance. Staff inet with the Environmental Quality & Energy Commission members who had questions regarding compensation and wetland values. � Ms. McPherson stated staff also has developed administrative and public review processes for the sequencing requirements. Under the ordinance and state law, the petitioner has to go through a �"1 series of sets to prove he/she has attempted to avoid, minimize, rectify, and/or reduce or eliminate impacts to wetlands before applying for replacement plan. For those four sequencing guidelines, staff will be making administrative determinations to the petitioners. Ms. McPherson stated staff will administratively approve exemption certificates based on the exemption stated in the Act and in the ordinance. Staff would utilize the skills of a consultant to review questions regarding staff�s decision prior to notifying the applicant. Ms. McPherson stated that for replacement plans, staff has proposed a public review process similar to the special use permit process. The replacement plan review process has a tight timeline established by state law. A decision must be �made and the applicant notified approximately 70 days from the receipt of an application. Staff proposed and the City Council concurred that the Planning Commission would conduct a public hearing which will allow an opportunity for public comment and testimony. The Planning Commission would make a recommendation to the City Council, and the City Council would pass a resolution either approving or denying the replacement plan. The City can also approve replacement plans with conditions similar to a special use. Ms. McPherson stated the Environmental Quality & Energy Commission � requested an update on the owners' meetings held in early December, and that update was included in the Planning Commission agenda. These informational meetings went well. .� PLANNING COMMI88ION MEETING. JANQARY 12. 1994 PAd$ 14 �� Ms. McPherson stated staff also learned of a change in administrative responsibility. Earlier, staff had talked about the fact that the City would be giving up administrative responsibility to the Rice Creek Watershed District. That is no longer the case, and the City will be retaining administrative responsibility for the entire City. Ms. McPherson stated the Environmental Quality & Energy Commission has inquired about compensation. In speaking with the City's consultant, current compensation rates under the Act amount to 50a of the average agricultural land value of the City. The City does not have any agricultural land, so staff called the County. The County's average agricultural land value is $1,729 per acre. She spoke with Gregg Herrick, Assistant City Attorney, about the issue of compensation should the City pass a no-touch ordinance. Mr. Herrick said that because the ordinance would be more restrictive than the state ordinance and would not allow a property owner any type of process circumvent that, if it would result in a total taking of the property, the City would be responsible for any compensation. The Environmental Quality & Energy Commission.agreed that the process staff is recommending the City adopt, which is to adopt the state statute, is a good thing and agreed to pass it onto the Planning Commission. Ms. McPherson stated at the request of the Environmental Quality � & Energy Commission, staff will mention in the ordinance that banking is an opportunity for replacement. Mr. Sielaff stated the only issue he had brought up at the Environmental Quality & Energy Commission was to use the City's technical consultant on the Technical Review Board. His concern was that a consultant who the City hires is making a decision as part of the Technical Evaluation Panel. The consultant should be there for advice and not to have a vote. Ms. McPherson stated she did not think they had actually resolved the issue of whether the consultant would actually sit on the Technical Evaluation Panel in lieu of the city engineer. It is staff's intent to use the consultant to assist them with information, answer questions, and give advice. MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to City Council approval of an ord�nance recodifying the Fridley City Code, Chapter 205, Entitled "Zoning", by adding 205.27 (0-4 Wetland District), with the addition of a section on banking. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CIiAIRPERSON KONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. � r e PLANNING COMMI88ION MEETING, JANUARY 12, 1994 PAGE 15 '� 4. RECEIVE THE DECEMBER_ 16. 1993, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MoTION by Mr. OquiSt, seconded by Mr. Sielaff, to receive the December 16, 1993, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPBRSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. RECEIVE DECEMBER 9, 1993, HUMAN RESOURCES COMMISSION MINUTES; MoTION by Mr. Oquist, seconded by Mr. Saba, to receive the December 9, 1993, Human Resources Commission minutes. IIPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPER80N KONDRICK DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MoTION by Mr. Oquist, seconded by Ms. Savage, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Kondrick declared the motion carried and the January 12, 1994, Planning Commission meeting adjourned at 9:55 p.m. �� Res ectfully su itted, �yn Saba Rec rding Secretary �, 'e � �� REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Densit�r Present Zoning Present Land Use(sj Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibilit�r with Adjacent Zoning and Uses Environmental Considerations RECONIMENDATION Staff Appeals Commission Planning Commission Author MM/dn S TAFF REP O RT Community Development De.partment Appeals Commission Date Planning Commission Date : March 9, 1994 . City Council Date � P.S. �94—.01 Scott Lund To replat Lot 3, Block 1, Central View Manor 2nd Addition and Lots 7, 8, and.9, Block 1, Central View Manor into one lot 73 1/2 Avenue and Highway 65 60,621 square feet C-3, General Shopping Center District Vacant C-3, General Shopping Center to the West; R-4, Mobile Home to the North; M-1, Light Industrial to the East and South. Vacant to the West; mobile homes to the North; industrial to the East and South. Rice Creek Approval with stipulations . � 6 P.S. ��94-01 ` ' Scott Lund N //2 SEC. /2, T. 30, � C/TY OF FR/OLEY �. I23 24 �� -, 13� CI ,�.>>1 � �� LOCATION MAP � ' � . �'i��-�1- ";Y'�� I' / � (^ � � �� Q A��l� 1 ( : ,� ,< .� [.t.YL' ' � � �, ,s,, r�-f-�, r/` � '`' _� ; � ;{ . �,j; If ; �� % %% ! ►� , , //; ; -� __ ..TT71T -TT� , ,: �� YI..L �. `i i .�_ -•iF�ri � vt32 � � �� _. � � 4 Z j i � M��ES�TA �� 8� �ili O � � � c� 0 Z � ' � ' � � ' � � � r " Q / �• ft� �. , � 4� ' _� 3 � !Ca . ,L � l4 ` t` � , `_ _ � _ •� 1 . ��, !� .� �� - 1 � ' �_. Y � ��.,r-.. ��:?: � �R � ��' /7l � ;� � ,� j-'.-/�, , .; 0�.1 —4, .�--- - � — �� 3,� i, / .,, ,. � ;, % ,�! P.S. ��94'-01 Scott Lund � ; r }. _ �. _ . � t;, , i � � �, . � �1.�. . ._. .... .- _ I . > 2T �� , � - � �� • • -- l- - � _ �' � --� = .� _ � , , , 4 f 1 s � ' �� ` - ' y v � . � , a ~ ` ' 6 H %aVE�JUE ':. , �o - ''"4�'� , , , i -o��S:I�,��, � - - - .�� a -,� � �.� .� _ .. _ .1 r r_j a t ,�'D'� � . I - � 75'r+ t.vEN'�E W E r J/M � L UND f:� i �; / _'.. p J /�C.RES 6 � �� F� :,3� :� � j _ y . \ � /` � o � o°o��°��,� 4 � D� J O J 7 p J 4 o�o,o��o�� >>� �� 6�5 A �� ooao��o� s is >>.�ooao� Z 000aoo�� o�0000� p 9.io . 9 i �'�°�°o°o�o�o' `j' Q 000�000�o��o�� 00000�oo �' i 0000 000 C 3� . '� . � ' 1 3� ; � � � � y� S 2z 2� zc } _ p�` .� ,� 74 ' : a .'G�� '�'� ' N • •! • • • • o W.E. •.�. .�•� .•�. } � + • e ! • •i • • o � , � �� •. .• a �7'2� - - . i/�/ •� • o / 4. 8 .1P�. _ • • � • • • a i'� n�� . � iC U � , � j7l�J!��G/'� "1 � r aC%��/�i�/ ..// / ,_:,� :.:��ri��e ve . —�:--r- - --t '• • • • • � � �' � ...1' . � � .- • -. t�. • .... �' O.. e R4o . . .� . . � � � , • • . . . . • . � r��; � . � �. �B• • •e. ', RTO � 0 � • N�`T � � • � • • • • • • � � � � .. • � � � Z � :tv.T RAN jDISTRICT LEGEND R-1 ONE FAMIL� OW6'S ❑ y-� LIpNT INDUSTXIAL � R-1 TWO FAMILT DWG'S � M-2 HEAYY INJUSTfl1AL � H-] GEN. YULTIPLE OWC'S � VUO PLANNEO YIi1T OEV. 1,,,; N-6 MOB�IE NOME GApK ❑ S-1 HYDE PAqK NEIUHBONNO00 ❑ P PU9LIC FAC�IITIES ❑ 5-7 NEDEVELOPYENT DI$Tql[T ❑ C-1 lOC4l BUSINfSS ❑ O-I CHEEN 6 RIVEN PRESERVATION 3� C-) GENER4L BUSINESS � O-7 CRITICAL wREA � C-] GENEHAI SNOVDiNG L:i [�['�% C-At GFNERat O(i�CE .^ v4C4TCp 51pEFTS /TC LLi • ZONING MAP Staff Report P.S. #94-01, by Scott Lund Page 2 Request The petitioner .requests that a plat be approved to split the East 180 �feet of Lot 3, . Block 1, � Centr•al View. Manor � 2nd Addition and combine it with Lot 7, 8, and �9,� Block� 1, Centr�l View Manor� into one lot. The request is qenerally located north of 73 1/2 Avenue, south of Fireside Drive, and east of Highway 65. The petitioner is the same East 180 Addition from C-3, Inclustrial . Site b �`. also processing a rezoning request_to rezone _ feet of Lot 3, Block 1, Central View Manor 2nd General Shopping Center district to M-1, Light The subject parcels are vacant and are located adjacent to Skip's Central Auto Parts. They are also located south of the mobile home park. The property to the north.is zoned R-4, Mobile Home Park; property to the east and south is zoned M-1, Light Industrial; and property to the west is zoned C-3, General Shopping Center district. Analysis District Rec�uirements The proposed lot created as a result of the replat meets the minimum lot width requirement o€ 150 feet. The lot, however, does not meet the minimum lot area requirement of 1.5 acres. The subject parcel is .11 acres (4,791.6 square feet) short of the minimum requirement. Section 211.05 of the Fridley City Code permits variances if the Planning Commission or City Council find certain regulations not applicable. The petitioner has an opportunity to rectify the lot area by moving the entire westerly lot line 15 feet or moving the northerly portion 34 feet to the weste The petitioner should revise the plat to meet the minimum lot area. To move the lot line in the second option would create two "odd" shaped lots. Site Plan The peti�ioner has submitted a proposed site plan which indicates a 13,000 square foot building with associated parking and outdoor storage areas. The building meets the setback requirements for the M-1, Light Industrial district. The proposed lot coverage is 21.4%: the maximum permitted is 400. The petitioner will need to sul�mit a revised site plan showing a 5 foot hardsurface parking setback from the building along the west and north sides, or process a variance. There is adequate room on the site to provide this required setback. ` �. _ s �� Staff Report P.S. #94-01, by Scott Lund Page 3 The petitioner will also need to provide additional screening along the north and west lot lines..�A screening fence is located .. along the east� �ot line.. � There is a screening fence and so�e �vegetation between the mobile home park�to the north and the subject parcel. Addit•ional screeninq should be provided by addinq 7 Evergreens 10 feet on center along this fence. The addition of these Evergreens will also bring the proposed landscape plan into compliance with the code requiremsnts. A fence should be installed along the westerly property line with slats to provide screening from the public right-of-way. This is required if outdoor storage is to occur at the rear of the building. Drainaqe The petitioner has provided a preliminary grading and drainage plan which has been reviewed by the Assistant Public Works Director. He has outlined additional requirements in his memo dated March 2, 1994. The petitioner will be required to comply with these requirements prior to the issuance of a building permit. � Landscapinq The petitioner has also submitted a preliminary landscaping plan. The petitioner will need to submit a revised landscape plan showing a minimum 3 foot high hedge or berm screening the parking area from the public right-of-way. Underground irrigation is also required. The landscape plan will need to show the dimensions of existing trees in order to receive credit for them. An additional 4 coniferous trees are needed to comply with the 30% coniferous requirement. Recommendation and Stipulations Staff recommends that the Planning Commission recommend approval of the plat request, P.S. #94-01, to the City Council acknowledging that the lot area does not meet the minimum 1.5 acre requirement. The variance necessary, however, is minimal (4,791.6 square feet). Staff recommends the following stipulations: 1. The petitioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hardsurface setback along the west and north sides of the building. � � � Staff Report �, P.S. #94-01, by Scott Lund Page 4 2. The petitioner shall provide additional screening through planting.of seven, 6 foot high coniferous trees along the north property � 1 ine . �. � • ' ' 3. The petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats. � _ _ __ 4. Outdoor storage shall be permitted if the following conditions are met: A. The outdoor storage shall occur on a hardsurface. B. The materials to be stored shall be less than 15 feet in height. C. The materials to be stored shall not be seen.from the pLiblic right-of-way. D. The petitioner shall install a gate with slats parallel to the front line of the building. �� 5. The petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: A. Underground irrigation shall be provided. B. The dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for existing trees. C. Four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north. 6. The petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memo dated March 2, 1994 prior to the issuance of a building permit. 7. If the fence adjacent to the mobile home park is removed, the petitioner shall install a minimwn 6 foot high screening fence with slats along the north lot line. 8. 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J � ' M L .04 N � —\ / _' � � � �4 � �'—{ .r�' � I I � 7 v u I � i 3�ItlU 371�tl35 i -�i I� � M 1�-0r-0 N -m a ,— ��e.n +..��.. rc.w c. s. � j. � � m «�S.'_'"'"__' .� ��.� ��_�__?'s _� _ �__ _ I J .�........_.. - _ _ __ ^��- -- � � ¢ G F � —�- - ,e„ - .�s.. �- ,.°, r�<...m.� y ¢ J �..do.o »..� 59�.� �e�nq81H �I�Ml a3e3S m _._� • zG � % O V � ' U = 1 � I F � � ma � sr'� � °o E _ � �� PUBLIC HEARING BEFORE THE PLANNING COMMISSION �Totice is hereby given�that there will be a Publf�c Hearing of the Friclley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, February 23, 1994 at 7:30 p.m. for the purpose of: Preliminary Plat Request, P.S. #94-01, by Scott Lund of Rite-Way Mobile Home Repair, to split the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition and combine it with Lots 7, 8, and 9, Block 1, Central View Manor, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue. Hearing impaired persons plannins� to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than February 16, 1994. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION �-�, Publish: February 8, 1994 February 15, 1994 0 � � CfT�flF�FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 '� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT PLAT APPLICAT�ON FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: Properiy Identif'ica.tion Number (PINj�L--3p^-3.y �y-poI/"'fJ�no oa�3 0!�. 3a-�Y-�.�--o��y Legal description: ; e�► ,�.Pt Lot %-�� BloCk [ Tta.CdAdditiol� � *R /``�rl4y�a.�o� Current zoning: 1�U1- � C-� S quare footage/acrea:ge Reason for plat: o -i�.e� e�ts�- � �� -- � � �,„� Have you operated� a busiriess in a city which required a business license? Yes No �_ If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: F� Owners must sign this form prior to processing) rraME ALri�v�. ��' �e c� � i c.c� '"..�.,c � P°� �, ! 3 3 � /��/�G c'�� T. � �F ADDRESS� ,� Fi�i��/1�o6c'R� � � �v s s-� �Z �1Yn�ou7� � �S / 7� -- � I)AYTIlVIE PHONE 7 � �` - 5� 6 'f � SIGNAT _ . _ _ � �� f��i� a�v°DATE �� 5 � s y - PETITIONER INFORMATION NAME � �e � a ADDRESS � S�l ��G�Ti� �- /��'t- � � DAYTIME PHONE��- 3 3/ D SIGNATURE DATE - �' � Fee: $SOQ.00 for 201ots $ 1`5.00 for each ad�itional lot Petmit P.S. # �-� � �ec 'pt # L al Application received by: Scheduled Planning Commission date: Z� %�'/ Scheduled City Council date: � �, ,�",� � � • � �- P.S. 1�94-01 and ZOA 4i94-01 Planning 2J4/94 , 2/14/94 Scott Lund for Riteway Mobile Home Repair �� MAILING LIST Council Alvan Schrader� ' Walter Gustavson Brand-Broadway Associates 2715 Medicine Ridge Road 7410 Central Avenue N.E. 16255 Ventura Boulevard Plymouth, MN 55441 Fridley, MN 55432 Encino, CA 91436 Michael Gannucci,• . Current Reside�t 1332 Hillcrest.Drive N.E. 7406 Cent'ral Avenue N.E. Fridley, NIN 55432 Fridley, MN 55432 Scott Lund � Current Resident �; Riteway Mobile Home Repair �:\.7355 Highway 65 N.E. 6521 Central Avenue N.E. � Fridley, MN �55432 Fridley, MN 55432 Limpro Inc. 1223 - 73rd Avenue N.E. Fridley, NIN 55432 Harold Hal:uptzok 16971 Ward Lake Drive Anoka, MN 55303 John Buzick ' 1201.- 73 1/2 Avenue N.E. � Fridley, NIN� 55432 � Current Resident �� 1150 - 73 1/2 Avenue N.E. � Fridley, MN 55432 Central Auto Parts � 329 Bunker Lake Boulevard Ham Lake, MN 55304 � L and G Properties � 7401 Central Avenue N.E. Fridley, MN 55432 Alvan Schrader 5501 Lakeland Avenue Minneapolis, MN 55429 Ashland Oil Company 3499 Dabney Drive Lexington, KY 40509 Current Resident 7315 Highway 65 N.E. Fridley, MN 55432 ('°'�, Valvoline Instant Oil P.O. Box 14000 Lexington, KY 40512 Falck Properties 2446 Bunker Lake Boulevard Anoka, MN 55303 Current Resident 1135 - 73rd Avenue N.E. Fridley, MN 55432 Friendly Chevrolet 7501 Highway 65 N.E. Fridley, 1�T 55432 � � �unmoody, Inc. � 8669 Jefferson Osseo, MN 55369 Park Plaza Mobile Court 1130 Fireside Drive N.E. Fridley, MN 55432 Fireside Rice Bowl 1160 Fireside Drive N.E. Fridley, MN 55432 Curr.ent Resident 1150 Fireside Drive N.E. Fridley, MN 55432 Current Resident 1140 Fireside Drive N.E. Fridley, MN 55432 Park P1aza Mobiie Park 1266 Onondaga Street N.E_ Fridley, MN 55432 �. � '`��Current Resident '1',L' 7400 Highway 65 N.E. � Fridley, MN 55432 Planning Gomm. Chair City Council Members Gngineerinn Svwer waier Parks S[ree�s �v�aintenancc � - 1�'IE MORANDUM � TO: FROM: DATE: SUBJECT: Michele McPherson, Planning Assistant Scott Erickson, Asst Public Works Director�{ March 2, 1994 _ PW94-068 Scott Lund/Rite-Way Mobile Home Repair — Drainage and Grading Plan Review The following items should be incorporated into the drainage and grading plan for this project. 1. Temporary and permanent erosion control should be included. Include details and locations on the plan. An erosion control fee will be applied to the projec� 2. Provide hydraulic and hydrology calculations. 3. The storm water pond needs to be located entirely outside of easement or right-of- way areas. 4. A restricted outlet with skimmer shall be installed with the pond. 5. Raise driveway to keep all water on site. 6. 7. 8. 9. SE:cz How is water entering the pond from the parking areas? Provide a well defined drainage swale on the east side of the property. A storm gond agreement will be required. Additional comments may be forthcoming �nding further review. I� =� .. ,.. �� -__. /�` �. r, - +-0 0 S TAFF REP O RT Community Development Department � Appeals Commission Date . Planning Commission Date : March 9, 1994 . City Council Date REQUEST . � � � � - � � Permit Number Applicant Proposed Request Location SITE DATA size Dens"dy Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacerrt Zoning and Uses Environmental Considerations RECON1NtENDATIOlt1 Staff Appeals Commission Planning Commission Author MM/dn ZOA �'94-01 Scott Lund To rezone the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition from C-3, General Shopping to M-1, Light Industrial 73 1/2 Avenue and Highway 65 32,400 square feet (approximate) C-3, General Shopping Center District Vacant C-3, General Shopping Center to the West; R-4, Mobile Home to the North; M-1, Light Industrial to the East and South. Vacant to the West; mobile homes to the North; industrial to the East and South. Rice Creek Approval with stipulations n ZOA �� 94-01 y � + Scott Lund N //2 SEC. /2, T. 30, � ��TY OF FR/OL E Y ; � ;" 2 - ; � � � � C ,�., � � �� , ,^"''t� I �� 23 24 ( 3� � . LOCATION MAP � ,...2 i r' � � , . ,,� QDO/�JQN. I;�;.%. �,� iar�'�r�r rr° ,'.� �`. __,,� �% i �' i� � . � i� �,: I � �� i /�/. , I � ��1�i� W �/ � � -. � .��„ -•�c�r�r � ` /f'92 � R �_. � J 0 Z j � � / M.!NN_ESOTA , ` , t��f4��r�.%� 1� • 1 • . .,..�.� : vs�i • . 1%KY �l � ' � • ' ' . � � I�f� �� 1 L� % �; � � �� . � . :� , ■� �� ,o: a�%':+:�.�/.�'.� �i�%r.�,�.�/�i / �' .�� - ,�/ y ,. �� *� �� `r��l '�� /�; �%/% � � � ; .r o � Q Z 1� I� /� � �, y � a � � } � , 3 � � � � �'' �.. I��,, � 1 ,J ` ,• ' ��l i `�- 4�� " / � 4 e � „_ � i {•:' r c � ... , � � ' � - �� , ■ �o ��=- � � �, . . , � � �' �' :� , � � �i:ia.yi•�a� " � �.■...:.. ....,.. ■�Y�.�,/�� •��I• C ' � ' � ��r!:,L:.i ■�l' �l�■ t��i ViWi� l� � ��A�� r � 1��\�/�� t:•.I�I'1'/1r / Y�iYY�■ ��■ ■��■ ■��/r��■ � ■��au��■ i ■��■ � r. �, - _ �� I � . :%////-////////// _�� - « _ �•-. ... .�. � ...T . � . .- •.. • • � • • s.�• 3 •' O.. . RQo . . . . . �c , ��' � • • •.��d�� s � � • r � � • 'o: � • • - - '� RTO � � � • Y�T � � • �• •��v ••• �-i, Zt� • � .- :rlr.T RANs � DISTRICT LEGEND q-1 ONE FAMILY OWG'S ❑ M-1 LI(SXT INDUSTqIq� � p-2 TWO faMIL1' DWG'S ❑ Y-2 HEAYY INJUSiRiq� � F-3 GEN. NULTIP�E OWC'S � PUD P�pNNEO UNIT DEY. I.,J q-< MOBILE XOME PARK ❑ S-1 NYDE P11RK NEIONBOFNO00 ❑ V PUBLIC FACILITIES O �S-t qEDEVELOPYENT DISTpICT ❑ 6-1 LOCAL OUS�NESS {�� O-1 CREER 8 q1VER VqESENtl4TIpN � C-7 GENENAL BUSiNESS :�.7 O-2 Cq1TICAL rRE4 1 .:� L, C-] GENFNAt SHOVOiNG G�1 C•4' GENERAL J«ifF �_ YACATFD STREETS � ZONING MAP Staff Report ZOA #94-01, by Scott Lund Page 2 Request The� petitioner requests that the East 180, feet of Lot 3, �'Block 1, .. �Central View Manor 2nd Addition be rezoned from C-3, Genera�l Shopping Center district to M-1, Light Industrial. The request is generally located north of 73 1/2 Avenue, south of•Fireside Drive, and east of Highway 65. e '� �. � The petitioner is also processing a plat request to split the ��- same 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition and combine it with Lots 7, 8, and 9, Block 1, Central View Manor. Site The subject parcel is vacant, and is located between parcels which are zoned R-4, Mobile Home, M-1, Light Industrial, and C-3, General Shopping Center district. The parcel is located adjacent to Skip's Central Auto Parts. Analysis When evaluating rezoning requests, three criteria must be met: 1) Compatibility of the proposed use with the proposed �� ` district; - ` 2) Compatibility of the proposed district with adjacent uses and zoning; and 3) Compliance with the proposed use with the proposed district requirements. Compatibility of the Proposed IIse witb the Proposed District The rezoning, if approved, will rezone a portion of I,ot 3 from C- 3, General Shopping Center district to M-1, Light Industrial. This property will then be combined with the three adjacent lots to the south to create one lot which is proposed to be used by the petitioner for an office and warehouse. The petitioner owns Rite-Way Mobile Home Repair and proposes to construct a 13,000 square foot building on the parcel. This building will be used for offices and to warehouse materials related to his business. The proposed use is permitted within the M-1, Light Ir�dustrial districta � � � Staff Report ZOA #94-01, by Scott Lund Page 3 Compatibility of tbe Proposed Distriat with Adjaoent IIsee and zoninq The proposed M-1�, Light�Industrial district is compatible with the adjacent M-1 zoning district to the south and east. The remaining parcels are zoned C-3, General Shopping Center district and R-4, Mobile Home Park. The mobile home park has been located adjacent to M-1 zoning since it was constructed in the early 1960's. There are screening requirements in the M-1 requirements --- to provide additional buffering for the residential zoning. Locating M-1 zoning next C-3 zoning, which is the most intensive commercial district in the City, is a compatible zoning practice. Also, rezoning this portion of Lot 3 will create a better development parcel than that which currently exists. Currently, the C-3 zoning in this area creates a"flag" lot which would be difficult to develop due to the size and shape and the setbacks required for the C-3 zoning district. The proposed district is therefore compatible with the adjacent uses and zoning. Compliance of the Proposed IIse with the Proposed District � Requirements The petitioner is proposing a development which meets the minimum code requirements outlined in the M-1, Light Industrial district. The property meets the minimum district requirements, with the exception of lot area which is .11 acres below the 1.5 acre minimum requirement. The City Council may grant a variance to the lot area during the subdivision process. The proposed use complies with the proposed district requirements. Recommendation and Stipulations The rezoning meets the three criteria for approval. Staff recommends that the Planning Commission recommend approval of the rezoning request, ZOA #94-01, to rezone the subject parcel from C-3, General Shopping Center district to M-1, Light Industrial with one stipulation: 1. Plat request, P.S. #94-01, shall be approved. �� ZOA ��94-01 N @ � . Scott Lund A �� : � �� .� � �� , � � "" � � �r �9a�iYa � � � . " � � a 1� � . � °° �� ¢ . . .. . � ��.� � ..� � . � � �� 9�4 �� .- . �� - lil �I'� �—!� :. — � —� , - : I� � :il r �" � � S �; � d � a � w � w ��- i�� a �� I�� .. � � � u �� g s \ i �L' — _ ,�_ . u� .r.i � �C ' � \ � � � � � 1 ` '.. I � � � � ' �� i � � � ; � � I I � . 1 � � �� \ � � � !�� \ � , , � � � �� ' I I L�i �l� i � � �. rrr��r� ,, ,, � , �_ � uh,� � �;�� I � � �.� � ' �r� rvw ��a � � � � � � . � �� ., � � � , �: 1 � � � � � L �� r � , \ � �� r, � \ � / r� �; \ � � !� . ' � � ,i �. a�j ` ,. - ,� � ' �u�� c - - � � � /� �� c, `� ''F . .. .. ,w . Y r .,. , �: �: �. � �r *� ; � �� i� �' �� ii` GF : '�� , PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Coiamission at the Fridley Municipal Center, 6431 University Avenue�N.E. on Wednesday, February 23, 1994 at 7:30 p.m. for the purpose of: Rezoning Request, ZOA #94-01, by Scott Lund of Rite-Way Mobile Home Repair, to rezone property from C-3, General Shopping Center District to M-1, Light Industrial on the East 180 feet of Lot 3, Block 1, Central View Manor Second Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1%2 Avenue. � Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than February 16, 1994. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: February 8, 1994 February 15, 1994 �� . �' 0 �-� �--- . -_ � . . CITY OF�RIDLEY 6431 UIVIVERSITY AVENUE N.E. `;, � ' FRIDLEY, MN 55432 � �, � � � . . . ,: ap , �:. � ^'':. 49 . �;y3 _ ,�. . _ .r .. �. _" ";w's�sr ��a� .. (612) 571-3450 COMMUNITY DEVELOPMENT��IiEPARTMEN'�� ;,: � . - 4J _ ' . . .� - '� " . .!Y p ��^ ' , �`rt .. .r':. .- . � _ . ^` . . .. . � - RE�ONIlVG APPLICATION=-�'FORM , .� , � � - � �� " � .�,� � � .a+ . �y . . {. :� � lY '� y �� ? b PROPERTY INFORMATION"� �s�,�ep�lan r�qu�Ye�ifor s�ibnuttal, see attachec�, } ?r °rr��+ rN ` ,�t a :.�:t� ��'�� ha t� '' i ,r� �' t�. *,.'; a: : �t �,,- e,., ;:;i Address: >� `� �:. � .. � ��„c��' :: �, t: � � � *�r�� Properry Identification Number (P.� �IlV� ' `` ' , r. ,' 4� Legal descriptioa - : - O �� C�,; . . >,, �A ;-� - ` ,..,N t ';': _� . _ I , Lot Block - r� �.� Tiact/Addition _; j, . `' r�b . s ;�� Current zoning. I C;- �° Square footagelacrea:ge: - . = T�� Y � ��A i " Y 7i � . . � f . ��' �s .i:.r? x i� x. �' 3 R uestin o _�. �1 g g - � r � .,': rt}.. - �" ... ,tt -7 \ Reason for rezoning: o a,C� �.�r ` b' ` �' � , ;� � ��-! � � . , �� . Have ou o rated a business in a ci wluch.r uired a business license? `� �� y n� ty. .. . �. .. .� , � I. �� Yes No �_ ff yes, which city? If yes, what type of business? ; ; _ Was that license ever denied or re'oked? � �E yes ;l � � � No ' ,. " ` :' ' ,� - -.x �,. � b - ,; , : � � \,. FEE �OWNER INFORMATIOI�T (as `it��a.ppears"on� the property title) ��`�= �` ;: . �. (Contract Purchasers: Fee Owners must sign this form prior to processing) N� �i� ,a i � � � �c ' � d � _ P - - - - I-3?i�/llc- c'7 � ADDRESS �%rCS� /��/C'�JR� �'_� R / /i� �' � � Z G�� -_.� - -r �i �%..� ..�r.-,��m��r_ � � � �� . :� / / � � / � / �v — � — — SIGNA' Fee: $300.00 y Permit ZOA # �) Application received by: � � Scheduled Planning Commission date: $Ct1�U1� Cltji COUriCII (�2l[C: 0 0 ONE � l��% 5�6 �f � ��-�y � YTIlVIE PHONE ��% �'�f'� DA� l / -� r e., s • 9: a �, P. S. 4� 94-01 and ZOA �� 94-01 Scott Lund for Riteway Mobile Home Repair �`'� MAILING LIST Alvan Schrader ' � 2715 Medicine Ridge Road Plymouth, MN 55441 Planning 2/4/94 , 2/14/94 Council Walter Gustavson Brand-Broadway Associates 7410 Central Avenue N.E. 16255 Ventura Boulevard Fridley, MN 55432 Encino, CA 91436 Michael Gannucci. -� Current Resident . 1332 Hil7crest Drive N:'E: 7406 Central Avenue N.E. Fr'idley, MN 55432 Fridley, MN 55432 � Scott Lund Riteway Mobile Home Repair 6521 Central Avenue N.E. Fridley, MN 55432 Limpro Inc. 1223 - 73rd Avenue N.E. Fridley, MN 55432 Harold HaTuptzok 16971 Ward Lake Drive Anoka, MN 55303 John Buzick � 1201.- 73 1/2 Avenue N.E. Fridley, MN� 55432 �, L� Current Resident 1150 - 73 1/2 Avenue N.E. Fridleq, MN 55432 ,'", Central Auto Parts 329 Bunker Lake Boulevard Ham Lake, MN 55304 L and G Properties 7401 Central Avenue N.E. Fridley, MN 55432 Alvan Schrader 5501 Lakeland Avenue Minneapolis, MN 55429 Ashland Oil Company 3499 Dabney Drive Lexington, KY 40509 Current Resident 7315 Highway 65 N.E. Fridley, MN 55432 Valvoline Instant Oil P.O. Box 14000 Lexington, KY 40512 n �Current Resident �� 7355 Highway 65 N.E. Fridley, MN 55432 Falck Properties 2446 Bunker Lake Boulevard Anoka, MN 55303 Current Resident 1135 - 73rd Avenue N.E. Fridley, MN 55432 Friendly Chevrolet 7501 Highway 65 N.E. Fridley, MN 55432 Dunmoody, Inc. 8669 Jefferson Osseo, MN 55369 Park Plaza Mobile Court 1130 Fireside Drive N.E. Fridley, MN 55432 Fireside Rice Bowl 1160 Fireside Drive N.E. Fridley, MN 55432 Current Resident I150 Fireside Drive N.E. Fridley, MN 55432 Current Resident 1140 Fireside Drive N.E. Fridley, MN 55432 Park Plaza Mobiie Park 1266 Onondaga Street N.E. Fridley, MN 55432 X ,Current Resident �'�j• 7400 Highway 65 N.E. � Fridley, MN 55432 Planning Comm. Chair City Council Members � S TAFF REP O RT Community Development Department U Appeals Commission Date Planning Commission Date : March 9, 1994 . City Council Date � REQUEST Permit Number Applicant Proposed Request Location SITE DATA size Densit�r Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financiai Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Cbnsiderations I RECOMIV�NDATION SP �94-01 Wal-Mart, Inc. To allow garden centers or nurseries which require outside display or storage of inerchandise. 8450 University Avenue N.E. C-2, General Business Retail R-3, General Multiple Family Dwelling to the West; P, Public, to the West; C-2, General Business to the South. Multiple dwelling and park to the west, and vacant to the sout Six Cities I Staff Appeals Commission Planning Commission Attthor 1�Il�I/dn �. � r � `o� - � i i q e Y N � p N ,o . 0 a SP ��94-0] Wal-Mart, Inc. � e ,b` v n-1 �o_/ � / \ ; o( :{Q•.z '. . �=af3B, o , ...., . . � 'h' � `� ,/ , . . .. �. � �'� �' ,o ��--� ' ° ... ,.:a,iaa:s. .. _ � 'r'�� '! 2i3�.�•s.n s_ .... . ; >a. -804.21-• � '� 135.91 _ � ;�•ZGPO. r..... �' �.589°29'02�W 1040. t2�- S � 33�,g3 � r 60 s a 97.LS d� 20o334TTw . Y/Op a o � - � R=g4 �, l � A Of p � ,l�l.,� � p • a � ' � iD o (�, � \ �A� IP �a 9�' 66�oti�•�, (13) �y` e a� -�s � s2° � � 2 -� �� : � z� � , ,� aa•y �io ' Q, Ne=T . ' �� e v ip fO � A'3o* O V , ° m.. G� �Q,e•, '° a e •sz �' �ses�2s'oz'w.,e o 3° �m�� /� � 80.Pb l a Q sE I N R �e � v RS I T' � q 4g��es��o �� °. A Q3a ,� � VF. �wo e '� + M Ar 49: . .� o, N: A �� 33� �p., p. a\ � � ' . �� '� p I v� e �A •-� a p W • A � 'P..2?��' •.� �. �op — I R.. J! ' ' C ��h ��o � ha . ;f Ll•JI E. 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Site a special use permit for a.garden outdoor display or storage of � request is located on Lot 1, Block same being 8450 Uniyersity Avenue The property is located at the intersection of 85th and University Avenues. The property is zoned C-2, General Business. There is additional C-2, General Business zoning to the south; R- 3, General Multiple Family; and P, Public, zoning to the west. The property is used for retail sales. There is multiple family dwellings located to the west of the subject parcel. Backctround In 1992, the City Council approved special use permit, SP #92-07. The approval required certain design elements, like rock face block knee walls and wrought iron fencing, to be included in the design of the garden center. The stipulations required bulk items to be stored adjacent to the building and no outdoor storage of garden chemicals. Analysis The petitioner is requesting a special use permit to allow temporary garden sales to occur from a"hoop house" and "corralled" merchandise. A hoop house is a temporary green house constructed of aluminum tubing and heavy gauge plastic. The hoop house and corralled garden materials will be located in the southeast corner of the parking lot across the driving aisle from the existing garden center located on the east side of Wal-Mart. Wal-Mart is requesting the special use permit because the amount of inerchandise shipped during the growing season is too large to store within the existing garden center. In 1993, Wal-Mart conducted garden sales on the sidewalk in front of the store and also had pallets of materials located in the parking lot. Staff informed Wal-Mart that this practice was not permitted by code and requested that the materials be moved. Staff inet with the manager and assistant manager of Wal-Mart regarding the previous special use permit request, SP #92-07, which permitted the garden center and required certain design elements to be included as part of the design. Staff informed the managers that the current request, if it is to occur on a permanent basis, is inconsistent with this previous request. The � �l. � , � Staff Report SP #94-01, by Wal-Mart Stores Page 3 intent of the original special use permit was to provide a more visually appealing location for the garden�center and to contain the aativity�in,the area. The managers have contacted�Wal-Mart Corporate who•has agreed to consider expanding the�e�isting � garden center. If Wal-Mart is agreeable to expanding the existing garden center, the current request could be approved by the Planning Commission on a one year basis; staff recommends that the current request not be approved as a permanent activity. The location of the hoop house and garden materials are not located in a driving aisle. Approximately 40-50 spaces will be lost as a result of this activity if approved. Sales will begin in April and continue until approximately August. Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit, SP #94-01, to allow a garden center on a one year basis. Staff recommends the following stipulations: 1. Bulk items shall be stored in the constructed garden center r'"'\ where they shall be screened from the public right-of-way. 2. Outdoor storage of chemical fertilizers, pesticides, or herbicides shall not occur in the parking lot. 3. Wal-Mart shall submit plans for an enlarged garden center for Planning Commission and City Council review by November l, 1994 for the 1995 sales year. � � � t0 �� . 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J /i � � x7 i '� 0 .. �� O� �q ra SITE PLAN e + �` _ SP �fy4-Ul Wal-Mart Inc. � Better G�eenhouse � . � � � Homes� � and Gardens Pro�ram GARDEN CENTER r"1 �tores witn roiy-iex vreenhouse will set it in the parking lot, either in front of, to the side of, or behind Garden Center. • Use a corral for tie-in sales on bagged goods, fertilizers, trees, etc. • The conal should have a 10' entran;.e. Rerer to layout on page 6-8. � Make each aisle near the bagged good.s 10' wide to allow for forklift movement. • Bagged goods can be staged on the perimeter of ��our corral area to provide a wind break for your nursery stock. An extra protection you can give your plants will save markdo�ms. 1vlerchandise bedding plant flats, 4" poEs and 6" pots by size. • Categorizing plants by size and variety will aid you in knowing what is selling. !�` • Use bedding plant preprin#ed signs and sign holders. � • Follow the merchandise plan provided for your greenhouse. 7-1 A nice clean greenhouse will create excitement with our customers and produce excellent sales. � It's an extension of your store and should be maintained as such. � You have something which most of your competition doesn't have, so take advantage of it. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 '� COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL� USE P�RMIT APPLICATION FOR�VI � �; �ROPERTY INFORMATION - site plan required for submitta.l; see��tta.ched Address: ��I5�0 �%Yli!/P/5�1'�� /�UL' �Y14��P�/, j�%l� :s��/,3,� Pro�rty Identif'ication Number Legal description: Lot Block Tract/Addition Current zoning: S.quare footage/acreage Reason for special use permi� GQ t'c�er CPn fe✓ 6r�e� hocne �- �G ��. bP ':. = f r ark � Section of City Code: _ Have you o�rated business in a city which required a business license? Yes �_ No If yes, which ciry? �j'�d ��./ If yes, what rype of business? �� l �� _ Was that license ever denied or revoked? Yes No � FEE OWNER INFORMATION (as it appears on the property title} (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME ��- /�'�C'frf S )�Ud�S� �r/�"'- ADDRFSS �a.Z S J/ji' �7`h Si�� /1 �nr� /�C G�i'I S 7Z 7/ DAYTIME PHONE SGl ' 2 73- `/�'�°'J SIGNATURE �, DATE � -'�-yL/ PETITIONER INFORMATION NAME �1��I ` ��'f -S��Y�' ,� %�S� ADDRESS � "/_S�' li'1'1i !/P�-5/ fy ��/(° �� %i'�C%c� /2 /� SSL/,S'< DAYTIME PHONE �/Z - J�fJ `9�/DO SIGNATURE , . � � DATE � _ ��%� Fee: �400.00 � $1(}0.00 for residential2nd accessoiy buildings Permit SP # 9—D Receipt # 33� Application received by: Scheduled Planning Commission date: � �rf%7 �7 %, Scheduled City Council date: /�/Gfi��' � .� � � � /'� PUBLIC HEARING BEFORE THE PLANNING COMMISSION �• Notice is hereby • Fridley Planning University Avenue the purpose of: � given that there will be a Public•Hearing•of:the Commission at the Fridley Municipal Cent�er, 643� Id.E. on Wednesday, March 9, 1994 at 7:30 p.m. for Consideration of a Special Use Permit, SP #94- O1, by Wa1-Mart Stores, per Section 205.14.O1.C.(13) of the Fridley City Code, to allow garden centers or nurseries which require outside display or storage of merchandise, on Lot 1, Block 1, Wal-Mart in Fridley, the same being 8450 University Avenue N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require aw�iliary aids should contact Roberta Collins at 572-3500 no later than March 2, 1994. Any and all persons desiring to be heard shail be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DAVID NEWMAN CHAIR PLANNING COMMISSION Publish: February 22, 1994 March 1, 1994 SP ��94-01 Wal-Mart Stores Wal-Mart Stores 8450 University Avenue N.E. Fridley, MN 55432. . Wal Mart Stores � 702 SW 8th Street Bentonville, Arkansas 72716 Springbrook Nature Center 100 - 85th Avenue N.E. Fridley, NIN 55432 City of Spring Lake Park 1301 - 81st Avenue N.E. Spring Lake Park, MN 55432 Bryant Investments Co. 7841 Wayzata Boulevard Minneapolis, MN 55426 Northwest Orthopaedic Surgeons 8290 University Avenue N.E. Fridley, MN 55432 �Northwest Orthopaedic Surgeons 500 Osborne Road N.E., ��16 Fridley, MN 55432 Springbrook Apartments 101 - 83rd Avenue N.E. Fridley, MN 55432 University Avenue Associates 7841 Wayzata Boulevard Minneapolis, MN 55426 YMCA of Metro Minneapolis 30 South 9th Street Minneapolis, MN 55402 Philip Mor_roe 720 Sunset Drive Marinette, WI Planning Comm. Chair City Council Members Planning MAILING LIST Council 2/18/94 � 1 T� �� *" �\ �i�y r +.',�,�f.. ��z�ti,., '��:,: :�j�i`; ,.;. 4;, � � , FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE September 10, 1992 Wal-Mart Stores, Inc. c/o McCombs Frank Roos Associates, Inc. Gregory Frank 15050 - 23rd Avenue North Plymouth, MN 55447 Dear Mr. Frank: On September 8, 1992, the Fridley City Council officially approved your request for a Special Use Permit, SP #92-07, to allow garden � centers or nurseries which require outside display or storage of materials, on the following described property: Parcel 1: That part of the North 32.12 acres of the North Half of the Northwest Quarter of Section 2, Township 30, Range 24, lying West of Highway 47 (University Avenue), according to the United States Government Survey and situate in Anoka County, Minnesota. Parcel 2: The East 600 feet as measured at right angles to the west right-of-way of State Trunk Highway 47, of the following described tract: Al1 of the Northwest Quarter of the Northt;est Quarter �f Section ?, Township 30, I2ange 24, Anoka �ounty, Minnesota, lying westerly of State Trunk Highway No. 47 except the South 1050 feet thereof and except that part lying North of the South line of the North 32.12 acres of said Northwest Quarter of Section 2. Parcel 3: The East 600 feet of the North 600 feet of the South 1050 feet of all that part of the Northwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway No. 47. This property is generally located at 85th and University ,�--� Avenues . . Wal-Mart SUP � September 10, 1992 Page 2 Approval is based on the following stipulations: 1. Pla� request,.P.S. �#92-05, shall be approved. . 2. Bulk items shall be stored adjacent to the main building and screened from the public right-of-way. 3. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. - You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. If you have any questions regarding the above action, please call the Plan�r.'�ng Department at 571-3450. ly B�rbara Dacy, AICP Community Development Director dn cc: YMCA The Estate of Kenneth Isaacson Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by September 24, 1992. Concur with ion taken �lf � - jli�� _ /� � o F � ^ � r `Y� •� ��,� � �r. ,::�:� � � .:. �,.. �.�� y,?y. � C�TY OF FRIDLEY f�ltll)I_I:l' MUNICIP:IL Cf:NTEIt •(,-l;l UNIVI:RSI'fl' :�VI:. N.t:. f=Klt)LEY. MN ii�3? • �61?) 571-Z-4iO • F��X lbl?) �71-13h7 F'ebruary 25, 1'994 Shelly Stevens Wal-Mart Stores, Inc. 701 South Walton Boulevard Mitchell Building Bentonville, AK 72716-8702 RE: Garden Center at 8450 University Avenue N.E. Fridley, Minnesota Dear Ms. Stevens: We recently received a special use permit application for a garden center at the Fridley store. This garden center is to be located in the parking lot. We met with the Store Manager, Steve Woodley, /� and the Assistant Store Manager, Chris Hamline, on Thursday, February 24, 1994, to discuss the request and the issue of continued outdoor storage. The Fridley store was issued a special use permit for an enclosed garden center which was constructed as part of the building. It was the City's understanding that all garden center activities woul�d occur within this specially constructed area. City staff worked diligently with the architects to design the garden center to be aesthetically pleasing and to provide proper screening. The current request is inconsistent with the previous Council action; therefore, we informed Mr. Woodley that staff would recommend denial of the request. However, if the proposed garden center was to be a temporary measure while Wal-Mart expanded the existing garden center, staff would be more inclined to recommend approval of the special use permit on a temporary basis. If this is an option for Wal-Mart, the Planning Commission should be informed of this future plan. In addition to the garden center, we have observed that there are dropped storage containers located in the rear of the building. Unscreened outdoor storage of materials and equipment is not permitted in the C-2, General Business District, unl�ss it is scre�n�d �rdm the publiC right-of-way. 'These containers are not r"`°` Shelly Stevens February 25, 1994 Page 2 r„� f M _ { _ . � screened and, therefore, do not meet the code requirement. We were informed by Mr. Woodley that he has been unable to have the company •owning the containers remove them in a timely fashion. Tf. you could assist him•�in.resolving this issue, it�would be greatly appreciated. If you anticipate that this store will continue to need outdoor storage of materials or equipment similar to these containers, you will need to process a special use permit for outdoor storage. This special use permit will require additional screening to be constructed in order to meet the code requirements . _ We sincerely hope that we can work together to resolve these two issues. Please respond in writing prior to Thursday, March 3, 1994, so the Planning Commission has a second alternative to evaluate the proposed garden center. If you have any questions or concerns regarding these issues, please contact my supervisor, Barbara Dacy, at 612-572-3590 or me at 612-572-3593. Sinc rely, ��%�U� �� Mic ele McPherson • Planning Assistant MM:ls C-94-58 � ��