Loading...
PL 11/30/1994 - 30800� � � CITY OB FRIDLEY PLANNING COI�II�lISSION MEETING� NOVEMBER 30, 1994 CALL TO ORDER: Vice-Chairperson Kondrick called the November 30, 1994, Planning Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Dave Rondrick, LeRoy Oquist, Diane Savage, Brad Sielaff, Dean Saba, Connie Modig Members Absent: Dave Newman Others Present: Saott Hickok, Planning Coordinator Michelle McPherson, Planning Assistant Sandra O'Reilly, 2828 11th Avenue South, Minneapolis, Minnesota Michael Heller, 8245 Riverview Terrace John O'Reilly, Plunkett's Pest Control John Ryden, C. B. Commercial Sites, 7760 France Avenue South, Bloomington, Minnesota � APPROVAL OF NOVEMBER 2 1994 PLANNING COMMISSION MINLTTES: MOTION by , seconded by , to approve the November 2, 1994, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CBAIRPERBON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: Mr. Kondrick requested the addition of Discussion of 1995 Meeting Dates. Mr. Saba requested the addition of Discussion of Springbrook Nature Center. MOTION by Mr. Saba, seconded by Mr. Oquist, to accept the agenda as amended. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERBON KONDRICR DECLARED THE MOTION CAR1tIED IINANIMOIISLY. l. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94-17. BY MICHAEL AND JULIE HELLER: Per Section 205.24.04 of the Fridley City Code, to allow r., construction of a kitchen expansion and repair of an existing dwelling in the flood fringe district, on Lots 22, 23, and 24, � PLANNING COMMI38ION METsTING NOVEMHER 30, 1994 PAGE 2 Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E. MOTION by Ms. Savage, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CSAIRPER80N RONDRICR DECLARED T8E MOTiON CARRiED AND THE PIIBLIC HEARINa OPEN AT 7a37 P.M. Ms. McPherson stated the Special Use Permit request is to allow construction and/or repair of a dwelling located in the Flood Fringe (CRP-2) District. The request is addressed as 8245 Riverview Terrace N.E. and is located at the intersection of Janesville Street and Riverview Terrace. The property is located west of East River Road in the northwest corner of the City. The property is zoned R-1, Single Family Dwellinq, and is located within the flood fringe area as defined by the zoning code. The petitioners have completed a number of repairs on the walls and foundation of the breezeway portion of the dwelling without obtaining a building permit. Once the petitioner was informed that a building permit was necessary to complete the repairs, it was also discovered that a special use permit and a variance were also �, required. The variance was necessary to reduce the side corner setback from 17.5 feet to 15.1 feet on the Janesville side of the property. The Appeals Commission approved the variance request. Ms. McPherson stated, according to the zoning map, the parcel is just within the boundaries of the flood fringe district. The requirements of this district require that the elevation of a home be a minimum of one foot above the 100-year flood elevation. According to the survey submitted by the petitioner, the first floor elevation of the dwelling unit is at 829.6 feet which is above the 100-year elevation of 824.3 feet. The petitioner is required by ordinance to submit an elevation certificate to verify the first floor elevation. In addition to the elevation certificate, the City typically requires petitioners of special use permits in the flood fringe district to execute a hold harmless agreement which releases the City from liability from issuing a special use permit. Also requested by the Engineering Department is a 15-foot flood control, street and utility easement along the west property line. This is being requested to allow the re- construction and improvement of Riverview Terrace as a flood control device. Ms. McPherson stated the request complies with the requirements of the flood fringe district. Staff recommends approval with the following stipulations: ,�, � 1. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the breezeway. � PLANNING COPIlMI88ION MEETIN(� � NOVEMBER 3 0, 19 9 4 PAGE 3 2. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability. 3. The petitioner shall grant a 15-foot flood control, street and utility easement along the west property line. Mr. 5ielaff asked when the improvements were made and how the petitioner found out about it. Ms. McPherson stated the improvements were made earlier this summer. The City found out about it when a contract inspector working in the neighborhood noticed work being done. Mr. Sielaff asked if there was a policy for those who do not obtain a permit beforehand. Ms. McPherson stated the City is allowed to add additional fees if people do work with a permit; however, the City has typically has not enacted this policy especially if the owner is diligent about meeting the required permits. Such was the case in this instance. Mr. Heller stated he had no additional comments. He has talked with staff and Mr. Flora about the street and the future plans for � the street. He questioned why they needed more property from them for the easement. He said they are going to move the street further east to their property line. Mr. Kondrick asked staff if this was the case. Mr. Hickok suggested the petitioner contact the Engineering Department if he wanted additional information. The information presented is consistent with what is being done with all properties. Mr. Kondrick asked the petitioner if he had any problems with the stipulations. Mr. Heller stated he had �o problems with the stipulations. MOTION by Mr. Saba, seconded by Ms. Savage, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPER80N RONDRICR DECLARED T8E MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7s43 P.M. Mr. Kondrick stated he drove by the property and he had no problems with the work being done. ^ The Commission members concurred. �� PLANNING� COMMISSION MEETING. NOVEMBER 30. 1994 PAGL 4 MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend approval of Special Use Permit, SP #94-17, to allow construction of a kitchen expansion and repair of an existing dwelling in the flood fringe district, on Lots 22, 23, and 24, Block P, Riverview Heights, generally located at 8245 Riverview Terrace N.E., with the following stipulations: 1. The petitioner shall submit an elevation certificate verifying the first floor elevation of the dwelling and the breezeway. 2. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability. 3. The petitioner shall grant a 15-foot flood control, street and utility easement along the west property line. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPLRSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIIBLY. Ms. McPherson stated the City Council would consider this request on December 19. 2. CONSIDERATION OF A LOT SPLIT L.S #94-07 BY PLUNKETT�S PEST /�1 CONTROL: To redefine Lots 1 and 2,'Block 10, Great Northern Industrial Center by moving the joint property line 39 feet east of its current location. The legal descriptions for the two lots will be as follows: Parcel A: Lot 2 and the West 39 feet of Lot 1, Block 10, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. Parcel B: Outlot JJ, Outlot II, and that part of Lot 1, Block 10, lying east of the West 39 feet thereof, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. This property is generally located south of 52nd Way and west of the Burlington Northern railroad tracks. Mr. Hickok stated the request is for a reconfiguration of two existing lots within the Great Northern Industrial Park development area. Plunkett's Pest Control is interested in a site east of Industrial Boulevard and south of 52nd Way. The original development was platted in 1968. As a stipulation of the development, two-acre minimum lot sizes were required. Over the course of time, properties have developed surrounding this lot and � resulted in a lot less than two acres or 1.69 acres. Plunkett's Pest Control happened upon this as they prepared to develop the site. They are proposing a 12,000 square foot building, 30 parking �-� PLANNINt3 CONIlKISBION MEETING. NOVEMBER 30. 1994 PAGS 5 stalls, and outdoor screened storage area. The solution to this is a reconfiguration of the lots that would move the lot line 39 feet east. This would allow the proposed site to have the two-acre minimum and still allow the remaining lot to meet the two-acre minimum for this development. The zoning code requires 1.5 acres so this request relates to the covenants in that development. Mr. Hickok stated staff recommends approval of the Lot Split request with the following stipulations: 1. Al1 building and site design standards shall meet or exceed the code requirements of the M-2 zoning district. 2. A new survey shall be prepared showing the correct site configuration of Lots 1 and 2, Block 10, Great Northern Industrial Center. 3. The lot split shall be recorded with the Anoka County Recorder's Office prior to issuance of a building permit for either Lot 1 or Lot 2, Block 10, Great Northern Industrial Center. 4. The cost of any modifications to the utilities related to this � reconfiguration shall be the sole expense of the property owner or successor for both Lots 1 and 2, Block 10, Great Northern Industrial Center. 5. Park dedication fees shall be paid at a rate of $.023 per square foot of land. Dedication�fees shall be paid at the time of building permit issuance for each of Lots 1 and 2, Block 10, Great Northern Industrial Center. Mr. Oquist asked to clarify that the ordinance is 1.5 acres but the covenants for this development are 2 acres. Otherwise, the development complies with the ordinance. Mr. Hickok stated this was correct. Mr. O'Reilly, President of Plunkett's Pest Control, stated their company will be 80 years old next year. The company is a family owned business. His father bought the business from the Plunkett's in the 1920's. His father ran the company until 1968, and he has run the company since then. They have four addresses within the City of Minneapolis and are now looking forward to moving to this site due security concerns where they are now located. Plunkett's is a pest control service company with employees throughout the state and also in neighboring states. The pesticides they handle are very similar to those available in hardware stores. �� Mr. Sielaff asked if pesticides would be stored in the proposed building. � PLANNINt3 COI�IIKI88ION MEETING. NOVEMBER 30, 1994 PA�3E 6 r"� Mr. O'Reilly stated yes, but the supply is not very great. Their supplier has overnight freight so they can keep their supply low for economic reasons and reduce the fire hazard. Once in a while, they will stock an item. Mr. Oquist asked if this location would be their main and only building. Mr. O'Riley stated this would be the place they would do office work. They have little service sites around the state, but this is the only place that is staffed.during the day. The main function at this site is to be office work. Mr. Kondrick asked if the petitioner understood the stipulations. Mr. O'Reilly stated he had understood the stipulations and concurred. Mr. Sielaff asked if a Phase I needed to be done for a site evaluation. There has been contamination in this area. Mr. Hickok stated a Phase I is not done as a standard practice for a site such as this or in this area. Ms. McPherson stated it is not a code requirement of the City that a Phase I environmental audit be completed. Typically, it is standard practice by banks and mortgage companies to have a Phase I audit. Mr. Ryden stated he had a question pertaining to the stipulation requiring a survey. He believed the survey they provided showed a small piece just to the east which makes the site 4.33 acres rather than 4.07 acres. Is staff looking for a new survey? Mr. Hickok stated they are asking for a boundary survey showing the parcels as they have been newly created. Mr. Ryden stated he was surprised by the covenants. The lot split will allow them to sell the property and hoped the Commission would recommend approval. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend approval of Lot Split Request, L.S. #94-07, by Plunkett's Pest Control, to redefine Lots 1 and 2, Block 10, Great Northern Industrial Center by moving the joint property line 39 feet east of its current location. The legal descriptions for the two lots will be as follows: �\ Parcel A: Lot 2 and the West 39 feet of Lot 1, Block 10, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. � PLANNING COMMIBSION MIyETIN(�. NOVEMBER 30. 1994 PAaE 7 Parcel B: Outlot JJ, Outlot II, and that part of Lot 1, Block 10, lying east of the West 39 feet thereof, Great Northern Industrial Center-Fridley, according to the recorded plat thereof, Anoka County, Minnesota. This property is generally located south of 52nd Way and west of the Burlington Northern railroad tracks, with the following stipulations: 1. Al1 building and site design standards shall meet or exceed the code requirements of the M-2 zoning district. 2. A new survey shall be prepared showing the correct site configuration of Lots 1 and 2, Block 10, Great Northern Industrial Center. 3. The lot split shall be recorded with the Anoka County Recorder's Office prior to issuance of a building permit for either Lot 1 or Lot 2, Block 10, Great Northern Industrial Center. 4. The cost of any modifications to the utilities related to this reconfiguration shall be the sole expense of the property !'� owner or successor for both Lots 1 and 2, Block 10, Great Northern Industrial Center. 5. Park dedication fees shall be paid at a rate of $.023 per square foot of land. Dedication fees shall be paid at the time of building permit issuance for each of Lots 1 and 2, Block l0, Great Northern Industrial Center. IIPON A VOICB VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED T8E MOTION CARRIED IINANIMOIIBLY. Ms. McPherson stated the City Council would consider this request on December 19, 1994. 3. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF OCTOBER 24 1994 MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the Housing Redevelopment Authority minutes of October 24, 1994. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPER80N KONDRICR DECLARED T8E MOTION CARRIED IINANIMOIISLY. 4. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF NOVEMBER 3. 1994 � MOTION b Mr. O y quist, seconded by Ms. Savage,'to receive the Human Resources Commission minutes of November 3, 1994. �-� PLANNIleTC� CONII�lI88ION MEETING� NOVEMBER 30. 1994 PAGE 8 IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CBAIRPERSON KONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. RECEIVE THE MINUTES OF THE APPEALS COMMISSIOId MEETING OF NOVEMBER 8. 1994 MOTION by Ms. Savage, seconded by Ms. Modig, to receive the Appeals Commission minutes of November 8, 1994. IIPON l�i VOICE VOTE, ALL VOTING AYE, VICE-CSAIRPERSON RONDRICK DECLAR]ED THE MOTIOW CARRIED IINANIMOIIBLY. 6. 1995 MEETING DATES Mr. Komdrick presented the proposed meeting dates for 1995. MOTION by Mr. Saba, seconded by Ms. Savage, to accept the proposed meeting dates for 1995 as follows: January 4 July 5 January 18 July 19 February 1 August 2 February 15 August 16 �"� March 1 September 6 March 15 September 20 April 5 October 4 April 19 October 18 May 3 November 1 May 17 November 15 June 7 December 6 June 21 December 20 IIPOAT �l VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 7. SPRINGBROOK NATURE CENTER COATCERNS Mr. Saba stated there is a significant amount of development taking place just north of the Springbrook Nature Center which is of concern in lieu of what is happening at the Nature Center. The developer is talking about taking Springbrook Creek, putting it underground, and piping the water into the Nature Center. There is a problem with the wetlands proposed to replace that at the development site. The DNR went to the site to investigate and were not allowed on the property. The DNR stopped the development. Mr. St. Clair is concerned about the recent bumps as high as 33 inches in the water level at the Nature Center. The high water level has destroyed the boardwalk several times. The cattails have nearly � disappeared because of the siltation from the runoff. He feels this development would destroy the Nature Center as we know it today, if this is allowed to occur without proper management. � PLANNIN�3 COMMISBION MELTINa. NOVEMHER 30. 1994 PAaE 9 There is reason to believe the figures for water runoff are not accurate. The City has been given very little notice about the development in order to give them time to prepare a response. He feels the developer is not addressing the retention ponds adequately. He would like to seek the City's help in managing this. He would not like to see the Nature Center turn into another Locke Lake. The Springbrook Nature Center Foundation has prepared a resolution which he read. . Mr. Saba stated the situation in this area is serious and felt it important to protect what is there. It appears as if the City of Coon Rapids is not concerned about the Nature Center but rather development. The Springbrook Foundation wants the area to be properly managed. MOTION by Mr. Saba, seconded by Ms�. Modig, to receive into the minutes the Springbrook Nature Center Foundation Resolution dated November 14, 1994. IIPON A VOICE YOTE, ALL VOTIN(3 AYE, VICE-CHAIRPERSON RONDRICH DECLARED THE MOTION CARRIED DNANIMOIIBLY. Mr. Oquist stated the City has an ordinance that one must control � the runoff from their property. Does Coon Rapids have a similar ordinance? Mr. Saba stated the Six Cities Watershed District has reviewed the plan and it appears that the calculations are acceptable. What is happening in the Nature Center is not the same as what is being calculated. Mr. Kondrick stated, in an article in the paper, Mr. St. Clair stated he was not sure what percentage of the increase in water was from the Coon Rapids side and how much was from the development to the east. Mr. Saba agreed that other development has also had an effect. Mr. Kondrick stated the recent development at Wal-Mart included retention ponds. Perhaps they are not working as planned. This is a many sided issue. He agrees the Coon Rapids side has problems, but there are also problems from other directions as well. Mr. Saba stated there are problems from Coon Rapids. There was also talk that 85th would be improved to handle the truck traffic for the proposed warehouse. The County states there is no plan to improve 85th. � Mr. Oquist asked if the Wal-Mart retention ponds should be checked to make sure they are working as planned. � PLANNING COMMISSION MEETING. NOVEMBER 30. 1994 PAGE 10 Ms. McPherson stated she had been on the Wal-Mart site after a heavy rain and she would argue that the Wal-Mart ponds are working. They have had continued water quality tests. She �aould argue that what they are seeing is water that is coming from Spring Lake Park at Northtown from the development that occurred prior to detention and retention requirements. What probably exasperated the fact is that the water is no longer flowing through two open natural ditches but rather through pipes. Wal-Mart is controlling the water that is leaving the site as a result of their development. They are not responsible for the water that is coming from Spring Lake Park and other areas. Mr. 5aba stated each area is looking to control the water in their area but no one is looking at the cumulative problem as a whole. Mr. Hickok commended the Commission on their efforts and stated staff would do whatever they and the City Council ask of staff. Today, staff dropped off application for a grant for the Springbrook Nature Center. The proposed grant is for a three-year investigation period where they would determine water quality and quantity, sources, and the next phase would be an additional grant for implementation. There is some work being done by staff now and staff are optimistic that the state will see the importance and r" look favorably on the request. A decision should be made by late January. Mr. Oquist expressed concern that three years will be too late. Mr. Sielaff stated the Environmental Quality & Energy Commission talked about an EAW. That would be something that can be done now. He did not know what the outcome -of that would be. The staff person is now looking into it. Ms. Modig asked what was proposed for the replacement plan. Mr. Saba stated his understanding that a plan has been submitted to replace the wetlands. The area being developed, however, is crucial to the Springbrook Nature Center. 8. SAFETY CAMP Mr. Oquist stated a Safety Camp for kids will be conducted next June. This is a two-day camp for second and third graders to teach them about safety. The City Council agreed to help fund the camp, along with help from businesses in the City. ADJOURNMEATT � MoTION by Mr. Saba, seconded by Ms. Savage, to adjourn the meeting. � PLANNING COMMI88ION MEETING. NOVEMBTsR 30, 1994 PAGE 11 IIPON A VOICE VOTE, ALL VOTIN(,� AYE, VICE-CHAIRPERBON RONDRICR DECLARED THE MOTION CARRIED AND THE NOVEMBER 30, 1994, PLAI�iNING COMMIBBION MEETING ADJOIIRNED AT 8:13 P.M. Respectfully submitted, �� �)� � � � �t >-� �C��� Lavonn Cooper Recording Secretary �� ,� � November 14, 1994 RESOLIITION Whereas, the Springbrook Nature Center is a flood retention site for the Spring Creek Watershed; and, Whereas, the Springbrook Nature Center Foundation observes immediate and rapid development occurring within the City of Coon Rapid's Evergreen Industrial Park; and, Whereas, the Evergreen Industrial Park development would degrade natural wetland areas found in the Spring Creek Watershed; and, Whereas, it has already been clearly observed that the storm water runoff bumps have exceeded anticipated levels within the Nature � Center; and � Whereas, it has been observed that siltation has exceeded anticipated levels within the Nature Center; and Whereas, these runoffs are already causing serious degradation to the Nature Center; and, Whereas, reversing the degradation will ultimately involve significant costs to the City of Fridley - similar to the costs incurred at Locke Lake, Therefore, the Springbrook Nature Center Foundation has resolved that the City of Fridley take whatever action they deem appropriate to protect the Nature Center - anywhere from negotiation to legal action. Further, we recommend that the current wetlands located in the City of Coon Rapid's Evergreen Industrial Park be preserved and protected. � Board of Directors Springbrook Nature Center Foundation �''°� � � S I G N— IN S H E E T PLANNING COMMISSION.MEETING, Wednesday� November 30, 1994