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PL 04/19/1995 - 30806i"� � � CITY OB FRIDLEY PLANNINGi COMMI88ION MEETINC�, APRIL 19, 1995 CALL TO ORDER: Chairperson Newman called the April 19, 1995 Planninq Commission Meeting to order at 7:30 p.m. ROLL CALLt Members Present: Members Absent: Dave Newman, Dave Kondrick, Connie Modig, LeRoy Oquist, Dean Saba, Brad Sielaff Diane Savage Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Mike Larson, Liquor Store Operation Manager Rick Pribyl, Finance Director Glen VanWormer, SEH Jim Plocienik, 7507 Tempo Terrace Steve Hardel, 1010 Osborne Road N.E. Keith Dawson, 7398 Tempo Terrace Donna McBrian, 7398 Tempo Terrace Paul & Joyce LaDuke, 216 57th Place N.E. Barbara Tangren, 7368 Symphony Street ICaren & Robert Dove, 7505 Jackson Street N.E. Toni & Gil Flaig, 7580 Jackson Street N.E. Tim & Ruth Breider, 7550 Tempo Terrace Don Vant, 406 Rice Creek Boulevard Steve Billings, 6431 University Avenue N.E. James Sandquist, 7300 Symphony Street N.E. John Miller, 7350 Lyric Lane N.E. Geri & Harvy Benson, 7301 Tempo Terrace Al Quam, 399 73rd Avenue N.E. Dave Meyer, RMS Co., Coon Rapids Janet Renz, 5615 N. Danube Road Dona Woltering, 7341 Tempo Terrace Sheila Carlson, 7543 Tempo Terrace Leah Price, 7428 Melody Drive Dan & Gail Roufs, 7686 Van Buren Street Carrol Rahn, 7399 Tempo Terrace Merle Wacker, 7425 Melody Drive Joanne Stark, 7340 Melody Drive Dave Turbitt, 7341 Melody Drive Cynthia Schrence, 7372 Symphony Street Bill & Suzanne Holm, 7424 Melody Drive N.E. Richard I�rson, 5861 Fifth Street N.E. Thomas & Pamela Zembal, 7340 Concerto Curve Diane Refshaw, 7405 Melody Drive Les Kuivanen, 7398 Lyric Lane N.E. Jim Holmen, 7310 Tempo Terrace � PLANNINa COMMI88ION MEETINa. APRIL 19. 1995 PAaE 2 Rurt Swanson, 6723 Overton Drive N.E. Lana & Quentin Freeburg, 301 Rice Creek Terr. Dee & Will Lynn, 7370 Memory Lane AT.E. Sharleen & Chuck Gooder, 7363 Memory Lane Joy Maras, 7371 Jackson St. N.E. Jeanne Zimba, 7350 Jackson St. N.E. Maryrose Hegland, 7321 Jackaon St. N.E. Florence Rari, 7330 Jackson St. N.E. RayAnn Danielson, 7472 Melody Drive N.E. Linda Pearson, 7331 Jackson Street N.E. Renneth Christiansen, 7525 Fourth Street N.E. Deanne McKusick, 7330 Van Buren Street N.E. APPROVAL OF AaENDA: O�I TION by Mr. Oquist, seconded by Mr. Rondrick to approve the agenda as presented. IIPON A VOICB VOTE, ALL VOTIN� AYB, CSAIRPER80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. APPROVAL OF MARCH 29. 1995. PLANNING COMMI88ION MINIITEBt ,� MOTION by Mr. Kondrick, seconded by Ms. Modig to table approval of the minutes until they have had adequate time to review them. IIPON A VOICE VOTB, ALL VOTINa AYE, CBAIRPBR80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. Mr. Newman took the opportunity to welcome the public to the Planning Commission meeting of April 19, 1995. He informed them that the Fridley Planning Commission is an advisory body, appointed by the City Council. They are all volunteer members of the community who have a concern about how the City grows and develops. Their principle purpose is to receive information, as well as public testimony and pass it on to the City Council. They will make recommendations on the items, but they do not make the final decision. The final decision is made by the City Council. For those persons who attended the meeting in regard to the proposed liquor store, Mr. Newman stated it will be going before the City Council on May 8th (no public teatimony will be taken at this meeting) and the City Council will hold a public hearing on the proposal on May 22, 1995, 1. PUBLIC HEARING: CONSIDERATION OF A REZONING REOUEST. 20A #95-02, BY THE CITY OF FRIDLEY: To rezone property from M-2, Heavy Industrial to C-2, General Business, to allow the construction of a new municipal liquor ^, store on Tract A, Registered Lane Survey No. 78, generally located at 7299 University Avenue N.E. � PLANNINa CO1►IIrlIBBION MEETIN�. APRIL 19. 1995 PAaE 3 OM TION by Mr. Oquist, seconded by Mr. Sielaff to waive the reading and open the Public Hearing in consideration of a rezoning request, ZOA �95-02. IIPON A VOICE VOTB, ALL VOTINm AYE� CSAIRPLR80N NEWMAN DECLARED T8E MOTION CARRIED IINANIMOUBLY. Ms. McPherson stated this is a rezoning request by the City of Fridley to rezone a parcel of land located at the intersection of University Avenue and 73rd Avenue from M-2, Heavy Industrial to C-2, General Business. The surrounding zoning of the property includes M-2, Heavy Industrial to the east, C-2, General Business to the west, both north and south of 73rd Avenue, R-2, Two Family Dwelling to the north, and also R-1, Single Family to the north. Ms. McPherson stated the purpose of the rezoning request, if approved, would be to construct a 11,200 square foot municipal liquor store. Ms. McPherson stated that the parcel has been vacant since the incorporation of the City. In 1989, the City considered a Special Use Permit Request by Phillips 66 Company to allow a gas station/convenience store and car wash on the site. The City ^ denied that request on the basis that the square footage of the retail space exceeded that which was permitted in M-2 Industrial District. The City has also received various informal inquiries in regard to the parcel, although no formal development applications have been received. Ms. McPherson stated that in considering a rezoning request, staff reviews three criteria to evaluate the request: 1) the compatibility of the proposed use with the proposed district - the proposed district is C-2, General Business and liquor stores selling packaged goods are a permitted use within a C-2 District; 2) the compatibility of the proposed district with adjacent uses ann zoning - the parcel is a loop-back parcel (it is located between a service road and a major thoroughfare). There are 19 such parcels located in the City, 13 of which are zoned C-2 General Business, regardless of the surrounding zoning of adjacent parcels. There is additional C-2 zoning to the west and office uses located in those particular buildings. There is residential zoning to the north, both two family and single family, however there is a fairly large road (73rd Avenue) separating the residential uses from the subject parcel. The use of the parcel as it is currently zoned would be limited to small industrial user '"� who would not require additional expansion area due to the small size of the parcel. The parcel is approximately 2.4 PLANNINa CO1�II88�ON MEETIN4. APRIL 19. 1995 PAdE 4 ;� acres. Other possible uses under M-2 include repair garages or other automobile related uses. Rezoning the parcel to a commercial designation would afford a wider variety of uses to be permitted on the site. In 1980 when the City approved the Comprehensive Plan in accordance with the State planning statutes, the parcel was designated as Commercial in tlZe City's comprehensive land use plan. 3) the compliance of the proposed use with the zoning district - these include a variety of items beginning with setbacks. The site has been desiqned to meet all building and parking setbacks - there are no variances being requested as part of thie proposal. Unlike the M-2 district, this district does not require a 100 foot building setback from the right of way line across from the residential district, therefore the setback from the right of way line along both 73rd and University Avenues will be 35 feet. There are 58 proposed parking stalls, three more than what is required. The Engineering Department has designed a grading and drainage plan which complies with the Sixth Cities Watershed Management Organization. A landscape plan has also been designed by staff and complies with the minimum requirements of the C-2 district. Staff has worked � with the architect to desiqn a buildinq which is consistent with City requirements of other developers. The building at this point is proposed to be a combination of masonry block and brick with some architectural detailing done in a pre- finished manufactured metal finish. The color is proposed to be tan and burgundy. The tan will be similar to the existing home business center located to the east of the subject parcel. Staff has not made a determination regardinq signage, however, the signs that are shown on the elevation maps do comply with the City's sign code for a C-2 district. Ms. McPherson stated the proposed hours of operation would be from 8:00 a.m. to 10:00 p.m., Monday through Saturday, with peak hours generally occurring between 4:00 - 7:00 p.m. in the evening. With any rezoning request traffic can be an issue. Staff has looked at the traffic which could be generated by the liquor store and has also contracted with Short-Elliott- Hendrickson to further analyze the traffic impacts in rezoning to a commercial designation would generate. In looking at the types of trips that a liquor store would generate during the peak hours, SEH has determined that approximate].y 90 total trips per hour to and from the store could occur and in their opinion the left turning movement onto 73rd Avenue from the service road could be backed up at certain hours as peak hou= traffic is accessing 73rd Avenue to go northbound on University Avenue. Ms. ��"1 McPherson noted that Mr. Glen VanWormer was present also from SEH to further answer any questions that the commissioners or public � �LANNINa COMMI88ION MESTINa, APRIL 19. 1995 PAQB 5 may have in regard to traffic concerns, as we11 as Mike I�rson and Rick Pribyl, representing the Liquor Store operation to answer any questions in regard to the store op�ration. Ms. McPherson stated as the request meets the three criteria used in evaluatinq all rezoning requests, staff recommends that the Planning Commission recommend approval of the reque�t to the city Council. Mr. Sielaff asked if the proposed site is similar to the Central Avenue site in terms of traffic volume�. Ms. McPherson stated she did not have the information readily available, but would guess that the traffic volumes would be pretty similar. Mr. Sielaff asked if there is data from the Central Avenue liquor store on how much traffic to the store is generated during peak hours. Ms. McPherson stated Mr. Larson should be able to provide information in regard to the number of customers per hour occur at that store. SEH estimates that approximately 90 total trips r-•� in and out per hour would occur during the peak. � Mr. Kondrick stated in regard to where the building is being placed and the manner in which one would go into and out of the parking lot, he was curious what the distance is from the nearest entrance to the stop sign on 73rd Avenue. He wondered how many cars could be stacked in this area. Ms. McPherson stated the distance was estimated to be roughly 160 feet, so Mr. Rondrick felt approximately eight cars could atack. Ms. Modig asked if there have been any complaints from the neighborhood of where the liquor store is located now. Ms. McPherson stated she is not aware that the3r department received any complaints regarding the current operation or location. She did not inquire from the police department as whether they have received complaints. has Mr. Kondrick asked how far the current liquor store is from a residential area to the south. to Mr. Rick Pribyl, City Finance Director, was present to discuss the proposed liquor store. He stated the proposed site is one the City is considering because of the necessary relocation of the current store due to the redevelopment on the southwest quadrant of the City's tax increment district. This site ie one that the City has been looking at for some time and it appears � �--, PLANNINa CO1��lIBBION MEETINa. APRIL iS. 1995 PAdE 6 that it would be a very viable location for the City's off-sale municipal liquor store. Mr. Mike Larson, Operations Manager of the C3ty's Liquor Store, was also present. He stated the larqest change in the liquor stores industry is an increase in the business and warehouse style operations. The Fridley Liquor Stores have modified their image, management style and advertising plans to conform with customer demand for a warehouse imaqe with a large selection and low pricing. This is their plan for this �ite. The goals for this proposal are to continue to provide a profit for the citizens of Fridley, control the sales vf intoxicatinq beverages and build a store that the community can be proud of. Mr. Kondrick asked how the size of the proposed building compares with the current site on Mississippi Street. Mr. Larson stated both buildinga are basically the same size. Currently, the warehouse store is 11,800 square feet. The proposed building will be 11,200 square fee�. The design will better suit the use, however than building at the current location. Mr. Kondrick asked how large a staff ia employed. Mr. Larson stated there will fourteen (14) total employees; four full-time and the remaining will be part-time employees. Mr. Sielaff asked if they had some idea as to how much additional traffic will be generated at the new site. Mr. Larson stated the studies have found that they would experience four to six times more exposure at the new site than what they are getting at the current site. The traffic that they anticipate at the new site is a northbound traffic. They ar� attempting to appeal to drive-by traffic. This is the key difference between the current location on Missisaippi Street and the new proposed site. Mr. Kondrick asked how much of their volume will be drive-by traffic. His calculations show this would be approximately a 30� increase. Mr. Larson stated the market analysis that they had done by Magnen Research predicts an increase using the worst-case scenario of about $615,000 by the higher exposure. The most likely case is about $900,000 in total sales. Mr. Larson stated if one looks at the proposed design, what they �"1 are attempting to do is have traffic make a right-hand turn on 73rd Avenue, coming down to the loop back, making a right-hand � PLANNINa COMMI88ION MEETIN�. �PRIL 19. 1995 PAaE 7 turn and coming in the store. The reason the parking lot is designed the way it has been ie when a person exiats the store they will actually come out and down to 69th Avenue to get back out on University Avenue. The existing store parking lot travels in this fashion right now. If a parking lot ie created in the way that they have, customers do not find it the most convenient to try to exit out when others are trying to turn in. Therefore, the automatic flow of traffic is determined by the design of the lot. Mr. Kondrick stated if 25� to 30� of the cu�tomer base will be going north, they will likely choose to swing down 93rd Avenue to University Avenue. Mr. Larson stated he agrees with this. The other nice thing about the design is if they do exit out the southwestern driveway they would not cross oncoming traffic that the liquor store would be creatinge Mr. Kondrick asked if the driveways will accommodate two cars at both openings. If so, would it be possible to direct the traffic to always enter and exit the way that it is proposed. If this were poasible, ;-� there would be more stacking space. Ms. McPherson stated the City does have the option and flexibility to create this as a right-in type situation. Mr. Glen VanWormer was present to answer questions in regard to the traffic concerns. Mr. VanWormer stated they had completed a traffic study of the proposed site and put together a short report. In the report they did three things. They looked at the traffic that would be generated by the liquor store of the proposed size. They also did some comparisons on different type� of uses that could be on this site. The traffic volumes range from 35 cars for a car repair use to 225 for a large bank of a fast-food restaurant. These are all peak hour figures. Mr. Sielaff asked if they have a sense of how much atacking will occur making a left-hand turn onto 73rd Avenue. Mr. VanWormer stated looking a aignal cycle action, two or three cars would likely be backed up during peak hours of store operation. One of the biggest conflicts will be with the residential area which has a lot of outbound traffic in the morning. Whatever goes into the site, it should be one that generates evening traffic. � � PLANNINa COMMIB�ION MEETINa. APRIL 19. 1995 PAa$ 8 Mr. Sielaff asked how long they anticipate a car having to wait at that intersection before they could turn. Mr. VanWormer stated just guessing, he would say it would be rare that a car would be there longer than two signal cycles on University or more than 1 to 1.75 minutes. Mr. Oquist asked if there has been an opportunity to have conversations or discussions with the neighbors to the north and south in regard to the project prior to this time. Mr. Larson stated they did not anticipate any significant controversy as they assumed that this particular use on a commercial or retail basis would be less intrusive than some of the other possible uses. Mr. Kondrick asked if lighting has been discussed for the proposed store. Mr. Pribyl stated they have discussed this with the architect on several occasions. They have discussed putting a berm with the landscaping to make sure that there is no lighting from the headlights of the vehicles entering the area would shine over ^ into the residential area. Ms. McPherson stated that she spoke with the project architect today who stated that at a minimum there would be one parking lot standard with a possibility of as many as two. These would be short standards, roughly 15 - 20 feet in height and would use the down-cast shoe box type design to control the light. Mr. Pribyl stated as far as the store lighting is concerned, there is not anything on the exterior of the store that has a high illumination factor. There are not any bright lights that actually shine on the building or cast off the building. Mr. Kondrick asked if they were considering any motion lights or if they would all be fixed lights. Mr. Pribyl stated there would be one backlit bcard shining toward the intersection of 73rd and University Avenues, and one backlit board on the University Avenue side. One of staff�s considerations was to keep the 73rd Avenue sign from being highly illuminated. Mr. Newman asked if the zoning was kept ae it currently is, how large of a facility could be constructed on the site? Ms. McPherson stated the parcel is 2.4 acres. Assuming that you ^ could cover 40� of the lot with the building, a building of 41,000 square feet could be constructed. However, parking would ,� PLANNINQ COI�IIKIBBION �EETINm. APRIL 19. 1995 PAaE 9 � still need to be figured in, so that could bring the total square footage down considerably. Mr. Hickok stated to further answer the question about the building size in relationship to the number of parkinq stalls,. different uses in a buildinq determine the actual ratio used. Realistically with parking, it would probably be nearer to 30,000 square foot building with adequate parking. PUBLIC CONII�lENTS: Pamela Zembal of 7340 Concerto Curve stated she has a petition containing 234 signatures opposing the loca�ion of th� liquor store at 73rd and University Avenues. There are several reasons for this opposition. 1) How will this impact the public health of the community? This faces a busy road, is located in the middle of three elementary schools, four parks, Rice Creek trails and places rahere one can expect youth to gather. It is well knotan that 60� of 9th grade students say that it is very easy to purchase alcohol. She thinks the City is encouraging this by placing a store in this location. 2) In 1990, the City was looking for alternative sites for the store. There were three proposed sites - Moore Lake Commons, East River Road & Osborne Road, and University Avenue and 57th Avenue. It seems very suddenly, the store site has been changed to 73rd and University. She had no idea where any of this came from. Looking at the three proposed sites, the estimated cost of the building was going to be roughly $700,000. Now they are looking at a different site and $1.4 million. She has heard some figure of a 13 - 33�a return on the investment. To get a 13�5 to 33� return on this type of investment, liquor profits would have to be about $400,000/year. The City of Fridley has had municipal liquor stores for 27 years and generally they make about $180,000 per year profit. She does not see how the City could possibly feel they could get a profit margin of 13- 33%. When Fridley decides they are not making enough money with this liquor store, then what? Will it be let out to any private company in the retail liquor business? 3) She would like to know if the amount of police time and money that is being put into the DARE project is going to be born at all by the profits of the liquor store. We are giving very mixed messages to our children. We have this drug abuse reduction with the DARE project and we have Officer Friendly at the same time that we are having a very, � very visible liquor store and encouraging children just by the placement of this liquor store to drink. We are going � n �'1 PLANNIN� CONII�I88ION MEETINa. APRIL 19. 1995 PAa$ 10 to be having a lot of excess traffic along the service road of University Avenue down towards and in front of the Columbia Arena. That will be a hazard to the children there and at the parks. She also feels that we are going to be doing some real damage to Rice Creek. There is qoinq to be an amazing increase in trash there and as such sh� will be filing tomorrow with the Environmental Quality Board a request or petition to do a MPAW report on this project. She feels it will have a real impact on the environment of Rice Creek. 4) She would like to know if provisions have been made to increase police coverage for the parks around the area and the residential areas so that we don't have people stopping at the liquor store on the way home and going up to the park to drink the liquor rather than travel the very heavily patrolled University Avenue or Central Avenue, and taking residential streets which are not as heavily patrolled. She would like to know what kind of liability coverage thia store is going to be carrying so that when, not if, an accident occurs, the lawsuits are not going to stop with the person who is probably not insured anyhow. What kind of extra police coverage will they have and what kind of liability coverage will the liquor store have so that when a product is purchased and consumed and an accident happens we are going to have some protection aqainst lawsuits. 5) What kind of cr3minal history checks and training are going to be done for the employees. There are only qoing to be four permanent full time employees; the rest of them will be part time employees. She would like to know, if criminal history checks and training will be done to prevent underage consumption and parking lot consumption. Ms. Zembal stated that back in 1990 when the industry began to look for a new site, it seems to have }�een well thought and planned out - it now appears to have been pulled out of a Friday night poker game or something right now. All of the sudden, the City has changed the site, the size, the planning has not been done that looks like they are doing a serious business. That is why they are opposed to having the liquor store placed there. Ms. Zembal forwarded the petition to the Planning Commisaion, which contained 344 signatures. MOTION by Oquist, seconded by Mr. Rondrick to accept the petition as presented. IIPON A VOICB VOTE, ALL MEMBERB VOTINC� AYE, THE MOTION WA8 CARRIED IINANIMOIIBLY. �, r"� PLANNIN� COMMI88ION ME$TINa. APRIL 19.'1995 P�aE 11 Mr. Newman stated the Planninq Commission's first involvement with this particular application was tonight. The five questions that Ms. Zembal outlined were addressed by Mr. Rick Pribyl. Mr. Pribyl stated some of the questions they would not be able to answer as they related to public safety issues which involved the Police Department. Mr. Pribyl stated that in regard to the prior three locations, back in 1989 and 1990 the search was not as in-depth as this one was. This site was actually being viewed by the Liquor Store Manager, but because of the wetland issue at that point in time, a different Liquor Store Manager choae not to actually pursue any remediation possibilities for the site. That site was actually eliminated and they chose to pursue another site. Mr. Pribyl stated the City recognizes the implications with the moral issues and has the responsibility to make sure that what they propose to the City Council is financially feasible. This site is probably the best site the City has ever looked at in regard to retail off-sale operation. The current site that they have has been a temporary location and was not by any means first choice for location. Mr. Pribyl stated that in regard to whether the liquor store contributes to the DARE program, Mr. Pribyl stated this is a policy decision that the City Council actually reviews each and every year as they go through the budqet process. This is an option and probably one of many that the Council will be dealing with if and when the site actually develops. Those profits will be re appropriated into whatever general fund activities the Council sees fit. Currently, it has not contributed to the DARE program only because the City knew that the Mississippi site was only a temporary site. Mr. Pribyl stated that in regard to the City's return on their investments, the $400,000 is actually the best scenario that came through the marketing analysis. The higher end return on investment was associated with approximately $400,000. This was the highest end projection the marketing analyst actually provided to the City. Mr. Larson stated the market analysis that came back on the store gave us a worst case/likely case/most likely/o�timistic and best case. Everything was based on the most likely case, but it is their goal to have the best case. The most likely, as far as a net basis is somewhere in the area of $300,000 incomee The questions in regard to � a public safety issue and Larson or Mr. Pribyl. police patrol of the parks, etc., was could not be addressed by either Mr. PLANNINa COMMI88ION ME�TINa. APRIL 19. 1995 P�aE 12 � Mr. Pribyl stated that in regard to liability insurance, they are required to carry Dram Shop coverage which is in the area of $600,000. This is the maximum amount of insurance required by the Statee Mr. Larson stated in regard to the criminal history checks for employees of the liquor store, they are performed on all employees by the Fridley Policy Department. Employees are trained and certified and they are visited by the Police Department at their regular staff ineetings. Mr. Pribyl informed the commissioners that candidate� have been rejected in the past based on information obtained durinq their criminal history check. Mr. Y,arson stated in 1993 $23,000 was designated to the Alexander House, in 1994 $75,000 worth of liquor profits �vere designated to another human service organization. The profits for 1995 have not been designated. Mr. Sielaff asked how the wetland issue was resolved. Mr. Pribyl stated a consultant was actually hired to define and � examine the particular property to determin� if it existed as a wetland. In 1988 or 1989 the property was defined by the DNR as a wetland. Actually no examination was made of the property itself at that time. The City hired a consultant to go on the property and dig trenches and examine the soil conditions. Their report back to the City was that a wetland did not exist. Mr. Oquist asked if there was concerns as to the environmental impact of this development on Rice Creek. Mr. Pribyl stated he was not aware of any potential impact. NIr. Bill Holm of 7424 Melody Drive asked if the Planning Commission considers the profit of the liquor operation in evaluating the request. Mr. Newman stated no, their role is strictly limited to the land use plans standpointe Mr. Holm stated this is a rather interesting request for rezoning in that one portion of the government is asking for that zoning change from another portion of the City government. He asked how the staff looks at this as compared to a private developer coming in and asking for a liquor store. Mr. Newman stated it is a unique situation, however it is not � unusual. There are other requests such as these, such as requests for certain uses at the Columbia lce Arena which �, � PLANNINa COMMI86ION MEBTINa. �PRIL 19. 1995 PAa$ 13 involves the county's approval. Mr. Holm also asked if any consideration was given as to relocating the liquor store at the Mississippi Street and University Avenue site ("The Gym") which for some time was vacant and zoned C-2. Mr. Pribyl stated yes, however it was ve=y expensive and also the traffic patterns of the property as far as enterinq and existing the site did not flow well. Mr. Holm stated he is concerned about the traffic flow to and from his neighborhood. This situation is similar to the CUB situation which occurred several years ago and he feela the Planning Commission should consider being consistent in its evaluation of those requests. This situation is just as intrusive as the CUB situation. The neighbors say the zoning should be left as it is. This is what was expected when they moved into the neighborhood and they see no reason to change it. They view the 35 foot setback rather than 100 ft. setback as a significant issue. Finally, he and the other neighbors care about their neighborhood. He has been there for 27 years. They have neighborhood garage sales, softball gamea, and they care about the area. They do not approve of the liquor store as shown by the petition and they feel the Planr�ing Commission should take that into consideration. Ms. Gail Roufs of 7686 Van Buren Street stated she has a fifth grader and an eighth grader, and as a family they use the bike paths quite frequently, often between the 4:00 to 7:00 p.m. time period. As a result of discussing the proposal with her fifth grader, she went to school and discussed the issue with her classmates. The students recently graduated from a 17-week DARE program. At the graduation, the Deputy Commissioner of the Police Department spoke very pointedly to the parents about what examples they are setting for their children and alcohol abuse specifics. He talked about how much decrease in Police coverage would occur if alcohol consumption was less. As a result of this discussion, the fifth graders of her daught�r's class were very upset by the fact that this proposal was not consistent with the example and teachings they have had over the past s�venteen weeks. The teacher shared that she had a very hard time controlling the fifth graders. The classroom drafted a letter to the City of Fridley in regard to this proposal. Ms. Roufs proceeded to read the letter: "Dear City Council: We are fifth grade students in Fridley. We have just � completed the DARE program which taught us about alcohol, drugs and violence prevention. We are � PLANNINt# COI�IIBBION MEETINa. APRIL 19. 1995 PAC,E 14 concerned about the new location of the liquor store near a bike path. The customers of the liquor store may be dangerous to bikers and pedestrians who use the path. We think that a new location where children don't ride bikes or play would be safer. Sincerely, Grade 5 Woodcrest School"(signed by 22 fifth grade students) Ms. Roufs stated she would like to formally submit this letter to the Planning Commission. OT ON by Mr. Rondrick, seconded by Mr. Saba to receive the letter from the Woodcrest School students. IIPON A VOICE VOTE, ALL VOTINt3 AYE, CHAIRPER80N NEWMAN DECLARED THS MOTION CARRILD IINANIMOQBLY. Ms. Ann Hagen of 551 Rice Creek Boulevard stated she is a resident of Holiday Hills and whenever there is a hockey game or � show at the Columbia lce Arena, the traffic is backed up substantially at the 69th traffic light. Her children have taken piano lessons from a resident of Melody Manner and for five years she has had to cross the intersection and she feels the liquor store will only add to the traffic and congestion. Ms. Hagen stated she walks to the park and ae a resident takes pride in the area. There are occasionally beer bottles laying around now; when there are sports events, there are more bottles and trash. She is sure that the access to liquor will be an issue. Ms. Hagen stated that her daughter went through the DARE program also and was upset about the proposal as well, with the visibility and access to the bike trails. Mr. Jim Plocienik of 7507 Tempo Terrace stated he siqned the petition but did it without knowing a thing about it. After reviewing the information, he would like to rescind his signature. It seems there is a lot of opposition just due to the fact that it is a liquor store. He would like to have his name scratched from the petition. Mr. Jerry of 6110 Star Lane stated he agrees that maybe the City should have a liquor store in that location. With the profits the City will generate, the residents will all benefit. With all n the taxes going up, he would give anything to somehow lower his. It sounds to him like residents do not want anything on the site. ^ PL�iNNIN�3 CO�iI88ION MELTZNa. APRIL 19. 1995 PAaE 15 It is his feeling that the property should be used for something. Would they prefer a garage there? He cannot imagine opposition to a nice, clean run, well packaged operation. Mr. Quentin Freeburq of 301 Rice Creek Terrace stated he came to represent the membership at the Woodcrest Baptist Church which is located at 6875 University Avenue. He had a copy of a letter addressed to the Mayor's office from their pastor which he would like to read and submit to the record. Mr. Freeburg proceeded to read the letter. OTION by Mr. Rondrick, seconded by Ms. Modig to accept the letter as presented. IIPOI�T A VOICE VOTE� ALL MEMBERB VOTINa AYE� CHAIRPER80N NEWMp1N DECLARED THE MOTION CARRIED ONANIMOIISLY. Mr. Freeburg stated he had one question he would like addressed, that being the distance between the intersection of the service road at 73rd Avenue and University Av�nue. Mr. Newman responded that it is approximately 285 feet. �..\ Mr. Freeburg stated since most of that traffic is northbound, it would be safe to presume that once they make that left turn from the service road onto 73rd, they will be moving into the right turn lane to continue north on University Avenue. This means that within 285 feet they will have to cross three lanes of eastbound and three lanes of westbound traffic. This could lead to considerable traffic back up and congestion at that intersection. He stated his final point is of the three criteria that Michelle mentioned, the second one has to do with compatibility with adjacent sites. He thinks a lot greater consideration should be given to compatibility with neighboring sites. The neighboring sites being the community softball facilities across the street, Columbia Arena, Locke Park, the residents and the church and school that are located there. Mr. Freeburg stated on the formal notice that was published in the Fridley Focus issue on April ilth, it did not mention, as the agenda does, the purpoae for the rezoning. It mentioned the rezoning, it mentioned the plat, and it mentioned the address but nowhere did it mention the purpose of the rezoning was for a municipal liquor store. He thinks this may have been a gross error judgment in making that public notice. Mrs. Marge Tangren of 7368 Symphony Street stated she would like -'", to know how many cars can stack in the 285 foot area from the - service road at 73rd Avenu� �o University Avenue. � PLANNINa COl►�lIBBION MEETINGi. APR�L 19. 1995 PAaE 16 � Mr. Newman stated the area allows for approximately 14 car lengths. Ms. Tangren stated she lives on Symphony Street and �he knows of ten small children who go across 73rd Avenue to the biking path. Ms. Tangren stated that she is also concerned about drinkinq problems that may inc�ease as result of the new location. She stated there are lots of apartment buildinqs, and many of the residents do not have vehicles. By having a liquor �tore within walking distance, they will have greater access to liquor. Ms. Tanqren stated there is an apartment building in the area that has been rehabilitated for women who are abstaining from liquor. What will a liquor store that is in close proximity of their homes do for them? Mr. Tom Rafferty of 148 Horizon Circle stated he was in attendance to speak in favor of the rezoning of the property. The property as it is right now (heavy industrial) will ne�er be used. Whether it is used as a liquor store, convenience store, a gas station or whatever, it will not be heavy industrial. The zoning needa to be changed. Mr. Chester Burkowitz of 7370 Concerto Curve stated he is in opposition to the City of Fridley beinq in the liquor business. He stated he is also in opposition to the =ezoning because of the traffic and also for the purpose of erecting a building for the purpose of selling alcohol. Alcohol has caused a lot of unnecessary deaths, created a lot of domestic abuse, broken marriages, battered women, child abuse and in many instances deprived children of food. Why should the City of Fridley promote and encourage sales of a special kind of building in an area such as 73rd and University, with a hockey arena, churches, bike path, etc. On 59th and University Avenue there is a building specifically for people who have a drinking problem. Just a little bit further down Unive=sity, the City of Fridley wants to put in an establishment to encourage people to buy liquor. He does not see a need for a building such as that. If the City needs to have a liquor building establishment, put it somewhere else less conspicuous. Mr. Burkowitz noted it has been stated by someone in the paper that it brings in approximately $100,000 in revenue per year. Think about the money that has been lost due to the damage it has done to families caused by accidents and the abuse, loss of work. Also, with the cost of the new building, it will take approximately ten to twelve years to show a profit assuming the $100,00o/year profit. �, ^ PLANNIN�3 COMMI88ION MEETINQ. APRII, 19. 1995 PAdE 17 Mr. Burkowitz stated that he is opposed to the rezoning, due to the traffic, the close proximity of it to Columbia Arena and the bike paths. The location is inviting, encouraging people to use it alcohol. We should fight alcohol, not encourage it. Mr. Al Quam of 399 73rd Avenue stated he thinks it is a bad idea. The location is a premier site from a marketing standpoint but it is totally disregarding the church, park and bike trails. Mr. Quam asked what percentage of this net is it in terms of City revenue. Is it 1/2� or is it 5�? Mr. Pribyl stated it is probably in the area of 6� as compared to the general fund appropriations. Mr. Quam stated this is not very siqnificant. echo the comments of some residents. They do changed. The liquor store will increase the He asked who currently owns that property. Mr. Pribyl stated it is owneci by C.P. Rail. He would like to not want the zoning amount of traffic. Mr. Quam noted that somebody said the property will never be used ,� if they do not develop it for the liquor store. Iie stated this may not be such a bad idea. It could be used for a rest stop for the park and trail systems. He would urge the commission not to approve this. If the City must have a liquor store, do it elsewhere because there are alternatives. Be more sensitive and up front with the neighborhoods to begin with. Mr. Rich Larson of 5861 Fifth Street stated he moved into Fridley 30 years ago. About one year ago, the City decided to put in a pawn shop in the old Holiday gas station. He was opposed to this, however there have been no problems, they have cleaned the station up and it looks better. Mr. Larson stated that he is in favor of rezoning the property, and getting on with business. Suzanne Holm of 7424 Melody Drive stated she is concerned al�out the traffic and feels there should be a separate exit. Unless the service road would be moved over, it will encourage traffic to shoot over to Symphony Street and cut through the neighborhood. Mr. John Miller of 7350 Lyric Lane stated he feels one of the problems is access. There is vacant property on the northwest corner which is zoned C-2. Why not use that property? � Mr. Miller also noted the traffic problems and congestion that he feels will be generated by the l�.c�ar store. ^ PLANNINa COP�lI88ION MEETINQ. APRIL 19. 1995 PAaE 18 George Johnson of 210 Rice Creek Terrace stated he does not live in the particular area. He is near where the current liquor store is and he does not like to drive out on Mississippi Street on Friday nighta or Saturdays or before a holiday because the drivers are very aggressive. This is because they have been drinking or will be drinking and that is one of the problems. He sympathizes with the people in the propo�ed area. He thinks that the increased profit that may come only amounts to 2�, figuring on a$10,000,000 total revenue, and that hardly warrants that kind of traffic problem and hazard to people livinq in the area. He feels that if the City would consider leaving the place open for possible car repair business or a fast food business or banlc, he thinks the City could have a legitimate business in that area which is next to a residential area and al�o a recreational area. That is the kind of business that is really wanted there. Mr. Tim Breider of 7550 Tempo Terrace stated he th3nks that the whole thing boils down to whether the City is willing to protect the integrity of the zoning laws or the people who are saying they don't want the liquor store there. He is opposed to the xezoning. Mr. Will Lynn of 7370 Memory Lane stated from what he gathered ,-� from the articles in the paper, the City intends to generate business from people that are coming from the south up University Avenue and going to where they live in Anoka, St. Cloud, or wherever or they are on their way up North. His ques�ions is, is the City going to listen to the people that live in Fridley or the people that go through Fridley and aimply stop to buy liquor in the town. He is opposed to it, and opposed to the City of Fridley even thinking about having a liquor store. Mrs. Will Lynn of 7370 Memory Lane stated she has two granddaughters that use the bike trail and it is a favorite place. They turn around that corner and they go over to Columbia Arena. She can just see the traffic going in there. She thinks we need to think about the legacy we will leave to our children and grandchildren. She shutters to think about telling her granddaughter what the big sign near the store says. What are we promoting in our ��friendly Fridley"? Lets be friendly to the people who live there and to the moral� and standard� that we are trying to teach our children and grandchildren. "Let's decide against this.° • Ms. Ann Hagen stated so much has been mentioned about the bike trails. She would just like to invite the commissioners to schedule in a walk through the areas that you can access by bike or walking so they can see what the residents are anxious not to ruin. � ^ �LANNINa COMMI88ION MEETINa. APRIL 19. 1995 PAaS 19 Ms. Leah Price of 7428 Melody Drive stated she grew up in the neighborhood and just purchased a house in the neighborhood. She is very much against building a liquor atore there. She feels the City should be looking into human concerns. Are we about money and business in the City or are we about people? Ms. Price agrees that it should be made into more of a landscaping area. Why does anything need to be built there? She moved out of Spring Lake Park away from establishments - liquor stores, car repair, etc. Fridley is becoming that way. There are so many reasons presented by residents not to rezone the property, she thinks that money is a poor reason to do it. There were no more residents who wished to be heard at the public hearing. OTION by Mr. ICondrick, seconded by Mr. Sielaff to close the public hearing at 9:30 p.m. IIPON A VOICE VOTE, ALL MEM8ER8 VOTINQ AYEs CBAIRPER80N NEWMAI�T DECLARED THE PIIBLIC HEARINa CL08ED. Mr. Sielaff stated he empathizea with all of the residents and ,-� their feelings about this particular rezoning. He felt it necessary to go back to why as a Planninq Commission they are here. They do not really address whether the City is in the liquor business or not. Basically they have to address the land use and if it is appropriate to rezone into a new land use. Presently it is zoned as heavy industrial and they are considering rezoning it to C-2. Data suggests that there is going to be some increase in traffic but depending upon what direction the main traffic flow will go (towards the north), it should not be a problem. He is concerned about the general location of the parks to the liquor store. He does not know that having a liquor store will increase or decrease the problems, but he does know that thers have not been any problems at the current location and its neighborhood. He does not necessary feel that this location will be any different. He would have to say that based on whether this is an appropriate rezoning or not, he feels it is justifiable to rezone the property. Ms. Modig stated the asguments against the rezoning are valid, but the fact is the land will not be uaed for heavy industrial. She is somewhat concerned about the traffic and feels there are some problems which will need to be addressed. The present liquor store is in a neighborhood that has churches, businessea and residential areas. She would be in favor of rezoninq the property. �"� Mr. Kondrick stated the only thing that is of a concern to him is the bike trail. He feels the residents have a valid point about ,�, � PLANNINa COI�IIMI88I0� MESTxN�. APAIL 19. 1995 PA�B 20 that and getting kids and adults off the atreets and having access to the east side of the etreet down to the Columbia Arena parking lot. He feels any facility that is put there will generate traffic. He does not feel it will remain heavy industrial. The people who own the property will do all that they can to try to encourage that something be built on the property. Some of the other possibilitiea for the site could generate more traffic that the liquor store. He feels if it is done right and in a sharp way, it could be an asset to the City of Fridley. Being Chairman of the Park & Recreation Commission, he is concerned about the parks that are adjacent, thus his concern about the bike trail. However he does not th3nk that the liquor store will cause more bottles in Locke Park or Columbia Arena. He feels a class liquor store with goocl landscaping and proper liqhting would be an asset to the community and he is in favor of rezoning the property to C-2. Mr. Oquist asked if this was a request to rezone C-2 or was it a request to build a liquor store. Planning Commission approved the rezoning without the liquor store on that site? the property What if the the approval to � Ms. McPherson stated this is possible that the City Council could approve the rezoning of the property to be consistent with the comprehensive plan as it was approved in 1990. They could also decide not to bring a liquor store in and relocate somewhere else. The request is consistent with other rezoning requests in which the City typically requires a proposal before it will consider a rezoning so they are treating themselves like they would treat any other developer. Mr. Oquist stated he is a little surprised that the City did not anticipate the opposition. He thinks the City would have been better served had they taken a little time and met with the people in the area and tried to e�cplain what the situation was. He feels the City should have tried to work with the neighborhood and attempt a compromise if possible. Mr. Oquist stated he believes the property does need to be rezoned to C-2. He does not know if putting a liquor store on the property is the right thing for it, but he feels it either needs to be rezoned to C-2 or make a park out of it. It has been there for so long, and there have been many proposals made. It is time to do something. He does not know if it is the right place for a park �o be. Mr. Oquist stated he is in favor of the rezoning. He feels the �'� package that has been put together is a decent package. He does not see it causing a lot of problema €o� the parks and ball �, PLANNINa COMMI88ION MEETINa. APRIL 19. 1995 PAGE 21 n fields. People will get their alcohol reqardless of where it is located. Mr. Saba stated he has mixed feelings about the rezoning. Morally, he agrees with a lot of the comments mad� however, if the City of Fridley qot aut of the liquor business, it could not prevent someone from coming in and selling alcohol. Mr. Saba stated he hae traveled Mississippi Street often and has not noticed any problems on Friday or Saturday eveninqs from the operation of the liquor store there. Mr. Saba stated he also bikes the trails that were mentioned by area residents. He does feel that 90 tripe to and from the store can be managed. He would like to think that the City would consult with the public safety people on the location of a liquor store there in terms of the proximity to the park, the billiards hall and the other areas that the City has indicated as "problem areas". He has hopes that these discussions will take place prior to the City Council meeting. Mr. Saba stated he would have to concur with fellow commissioners and approve the rezoning request. Mr. Newman stated he also agrees with the rest of the commissioners. He feels th� residents should have a say about neighboring issues and there is the opportunity for the City to respond to the concerns raised by residents in regard to lighting, setback, traffic, and the bike path. MOT ON by Mr. Oquist, seconded by Ms. Modig, to recommend approval to the City Council of Rezoning Request, ZOA #95-02, provided that the project complies with all requirements of the C-2, General Business District. IIPON A VOICE VOTE, AI.7� MEMBERB VOTINa AYE, CSAIRPER80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. This request will go before the City Council on May 22, 1995. 2. PUBLIC HEARING: CONSIDERATION OF A REZONING REOUEST ZOA �95-03, BY RMS COMPANY: To rezone from M-1, Light Industrial to C-2, General Business, on that part of the Northwest Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing on the North line of the Northwest Quarter of said Section 12, at a point 34 rods east of the Northwest corner of said Section 12, Township 30, Range 24, � thence East on the section line 10 rods; thence South and parallel with West'line of said Section 16 rods; thence West ,—, � ,� PLANNINa COMMI88ION MEETINa. APRIL 19. 1995 PAa$ 22 parallel to the North line 10 rods; thence North to the point of commencement; excepting therefrom, However, the East 104 feet of the foregoing described parcel and subject to a public roadway over the North 33 feet thereof, AND Outlot 1, of Nagel�s Woodlands, AND all the land, if any, lying East of Outlot 1, herinabove noted as Parcel 8., and West of the parcel of land herinabove noted as Parcel A and lying between the Westerly extension of the North and South lines of that land hereinabove noted as Parcel A, generally located at 970 Osborne Road N.E. OM TION by Mr. Rondrick, seconded by Mr. Sielaff to waive the readinq of the public hearinq notice and to open the public hearing. IIPON A VOICL VOTE, ALL VOTINa AYE, CHAIRPER�ON NEWMAN DBCLARED THE MOTION CARRIED AND THE PIIBLIC HEARIN�i OPEN AT 9s42 P.M. Ms. McPherson stated this request 3s by RMS Company to rezone 970 Osborne Road which is located west of Highway 65 on Osborne Road from M-1, Light Industrial to C-2 Ger►eral Business. For thia particular request, the City does not have a specific site plan. The rezoning request is a result of a variance request which the Appeals Commission and City Council reviewed earlier this year to reduce the minimum lot area required in the M-1 district because the parcel does not meet the M-1 district requirements. The City Council tabled the variance request at the request of the petitioner to allow the petitioner to process this rezoning request. Ms. McPherson stated the first rezoninq criteria is the compatibility of the proposed use with the proposed district. At this time the City does not have a specific proposed use so any future use of the property would need to comply with the C-2 district regulations. Staff has had conversations with an automobile sales person who is interested in the site which would require a Special Use Permit and if the rezoning is approved, the commissioners will see the request before them at a future date. Ms. McPherson stated the second criteria is compatibility of the proposed district with adjacent uses in zoning. The original rezoning request which changed the zoning from C-2 to M-1 occurred in 1988 and was a result of a specific site plan by RMS to expand the facility to the west which would allow some of the building to be on the subject parcel as well as required parking and green areas. It was part of a larger parcel at the time the rezoning request was approved. The use of this particular parcel by an industrial user would require a small user not requiring expansion space. This property as zoned M-1 could be used for repair garages or automobile service stations of which there are already a number of these types of uses located in the � PLANNINa COMMI88ION ME$TINa. APRIL 19. 1995 PAGE 23 � neighborhood. Rezoning the parcel to a commercial desiqnation would afford a wider variety of permitted uses on the site. Ms. McPherson stated the last zoning criteria is complying with the proposed uses of the proposed district requirements. Because there was not a specific proposal to evaluate, Ms. McPherson could not comment on compliance with the district requirements. However, unlike the M-1 district sequirements, rezoning this to parcel to C-2 would allow it to meet the minimum lot area requirements of the C-2 district. Any future use would be required to comply with the requirements of the C-2 district. Ms. McPherson stated that the As�essing Department has requested that the petitioner sign a form to combine the three parcels into one tax parcel. Ms. McPherson stated that staff is recommending that the Planning Commission recommend approval of the request to the City Council with one stipulation: 1. The petitioner will combine the parcels into one tax parcel. Mr. Dave Meyer stated he currently owns the property and is trying to sell it. At the present time it is unsaleable. He has sold all of the other parcels in the area and he feels this parcel needs to be rezoned before it can be sold. O�! TION by Mr. Oquiat, seconded by Mr. Sielaff to close the public hearing at 9:53 p.m. IIPON A VOICL VOTL, ALL VOTINm AYL, CHAIRPERSON NEAMAN DECLARL�D THE PIIBLIC HEARINC CLOBED. MOTION by Mr. Kondrick, seconded by Mr. Saba to recommend approval of Rezoning Request, ZOA #95-03. IIPON A VOICE VOTE, ALL MEMHERS VOTINa AYE, CHAIRPERBON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. This request will go before the City Council for consideration on May 22, 1995. 3. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT REOUEST. P.S. #95-02 BY HOME DEPOT. IISA, INC. To replat Tract A, Registered Land Survey #130 into three separate parcels, generally located north of I-694 and east of East River Road. AND � n PLANNINa COI�I88ION MEETING, APRIL 19. 1995 PAQE 24 4. PUBLIC HEARING: CONSIDERATION OF A SPECI.AL USE PERMIT. SP #95-05. BY HOME DEPOT IISA, INC: Per Section 205.14.1.C.(11) of the Fridley City code, to allow garden centers or nurseries which require outside display or storage of inerchandise, and per Section 205.15.iC.(7) of the Fridley City Code, to allow establishments of the °drive-in" type, selling, serving, or offering goods or services directly to customers either waiting in parked motor vehicles or to customers who return to their vehicles to consume or use the goods or services while on the premises, located on Tract A, Registered Land Survey �130, generally located north of I-694 and east of East River Road. AND 5. PUBLIC HEARING: CONSIDERATION OF A REZONING REOUEST. ZOA #95-04. BY HOME DEPOT USA. INC: To rezone from C-2, General Business and M-2, Heavy Industrial to C-3, General Shopping Center District, located on Tract A, Registered Land Survey #130, generally located north of I-694 and east of East River Road. OM TION by Mr. Saba, seconded by Mr. Rondrick to waive the reading of the public hearing notice and open the public hearing at 9:55 p.m. IIPON A VOICE VOTE, ALL MEMBERB VOTINGi AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THL PIIBLIC HEARING OPENED. Mr. Yiickok stated this ia a request by Home Depot, Inc. to rezone the property located west of Main Str�et south of a line straight across from 57th Avenue N.E. between the Burlington Northern property and Main Street, north of Highway 694. Mr. Hickok stated that the current zoning on the property is a combination of M-2, Heavy Industrial (9.8 acres), and C-2, General Business (4.2 acres). The requested use of the site would allow a site plan of nearly 144,000 square feet for retail sales. The primary user for the facility would be 111,716 aquare foot Home Depot facility. Home Depot is a large home improvement retailer founded in 1978 in Georgia. This would be one of the first Home Depot stores in the metropolitan area. The requested zoning to allow this facility to be constructed is C-3, General Shopping Centers Mr. Hickok stated the Comprehensive Plan issue is one that would require an amendment, removing 14.5 acres from the Industrial !'1 land inventory in Fridley and changing it to Commercial. This amendment would have to b�e a��n�ed by the City Council and �, � n PLANNIN6 COI+�iIBBION I�EETINa. APRIL 19. 1995 PAG$ 25 formalized throuqh the Metropolitan Council. Mr. Hickok stated the second of the issues involves the rezoning of the ex3sting industrial and commercial zoning to an all commercial site of 14.5 acrea. Mr. Hickok stated the third issue would be the loss af the City�s largest remaininq industrial parcel. Mr. Hickok stated the fourth issue involves extending the existing commercial node further to the west of University Avenue into what becomes a second tier of commercial activity west of Main Street. Mr. Hickok stated the fifth deals with traffic concerns as they relate to the site. First, the volume generated by 14.5 acres of commercial has been calculated by Barton-Aschman & Associates who represent the developer on the traffic issues. The consultant has provided numbers as staff has requested which would give the City a comparative analysis between the development of this site as C-3 as requested and also what would happen to the traffic numbers in the event that site developed as it is currently zoned. The volume of all commercial traffic will nearly match the current zoning. The industrial portion of the site has a lower volume of traffic. In the event that the entire site was industrial and one took those numbers two or three times just for comparison sake using the entire site rather than just the 9.8 acres, traffic would be in the area of closer to 500 average daily trips as opposed to the anticipated 525 to 720 Home Depot trips. Mr. Hickok stated that access to the site would be via l-694, cross3ng University Avenue (Hwy. 47) turning to the left at 57th Avenue to approach the new facility. Southbound traffic on University Avenue would turn right onto 61st Avenue. Barton- Aschman & Associates has done some traffic counts at these intersections to provide more detail about the movements in the current traffic seen at those corners. There are also some unknown impacts. There is visibility to I-694 but there is not direct access to 694. What is meant by unknown impacts is the traffic movements through secondary streets to find the site. F'inally, there is no access to the west. 57th Avenue would serve the site from University Avenue and from the north and south, Main Street would serve the site. Mr. Hickok stated that staff's recommendation on the rezoning related to some questions about traffic impacts. The rezoning of this land also has the requests for the preliminary plat and special use permit somewhat hinged. r� � � PLANNINa COP�lI88ION MEBTINa. APRIL 19. 1995 PAO$ 26 Mr. Hickok provided information to the commissioners in reqard to the consideration of the preliminary plat request. He stated the current lot configuration at this time is one large lot. The proposed lot configuration would pro�ide for Lot 1 which �ould be 10.6 acres (Home Depot site), Lot 2 which would be 2.7 acres (an unknown retailer that would own their own site but be attached to the Home Depot store), and Lot 3 which would be 1.2 acres (potential fast food sitej for a total of 14.5 acres. Mr. Hickok stated the Engine�ring Staff and Planning staff reviewed information and noted that Lot 2 frontage onto Main Street had been an issue earlier. They �ere just given a new site plan which reworka the frontage of Lot 2 and also some of the site access issues that were brought up by Anoka County. The remaining isaues were access drive locations and circulation, necessity for cross parking easements (the site plan.is designed in a manner that would allow cross parking), necessity for interior utility agreements (it would be the desire of the Engineering staff to loop the utilities so that water does not stagnate in the utility system and therefore the loop system would require interior utility agreementa) and necessity for street and utility easements (the county has indicated that they do not see a need for additional right of way width at Main Street however the Public Works Department has historically required a 15 foot bikeway/walkway easement along the west side of Main Street as those sites develop). Mr. Hickok stated the county has given the City a letter indicating two access points should be the maximum for this site and in response to this letter, the developer has provided a site plan that shows a re configured southern access point that is further away form 694 than originally proposed and to the north the access has been modified with some anticipation on the site plan of getting permission to line up that access point with the intersection. The county did indicate that they would like to see that be lined up and a full access intersection which would require some additional land acquisition or at least agreements with the property owners to the north. Mr. Hickolc noted that Home Depot, Inc. would like to con�truct a 27,972 square foot outdoor garden center. The code requires that garden centers and nurseries that are outside have a Special Use Permit prior to construction. The center would be attached to the store. The summary of issuea related to this request are 1) the architectural detail should be consistent with the primary structure; 2) no off-season storage in the garden center area of other garden materials; r"� PLANNxN� COMMI88ION MEETIN�. APRxL 19. 1995 PAaE 27 3) no outdoor sales or storage of fertilizer, pesticides or other potential pollutants; 4) adequate parkinq must be available to accommodate the garden center customers; 5) no plant sales outside of the fence detail are to take place. Mr. Hickok stated that in all of the three uses, staff has recommended that th� commi�sion open the public hea�ing, take public comments and table the action until May 3rd. The site plan was just received and the �ta€f has not had an opportunity to fully evaluate the modifications in the site plan as they relate to storm water run-cff and some of the other issues. Mr. ICondrick stated it is his understandinq that access to this property will come from three different places; 57th Avenue past Holiday, another would be 61st Avenue west to Main Street and down to the site and the third would be across the bridge and then to University Avenue. He was wondering how many cars they expect to generate. Mr. Sielaff asked about the issue of loading and unloading at the front part of the building. � Mr. Hickok stated in discussions with the representative of Home Depot, this is an important part of the3r retail operations. This portion of the building front to back is warehouse lumber and it gives an opportunity for the customers to drive up urider the canopy and have their lumber loaded into the vehicle at that overhead door. Staff did express some concerns about a loading dock on the front of the building and the impacts of that. The developer has responded by saying that they are looking at alternatives to having the door viewed from Main Street. Mr. Hickok noted that there is a kneewall which is in fron� of that overhead door, but stated the developer could provide further information in regard to this issue. Mr. Hickok stated the code as it is written states that loading docks be located in the side yard or the rear yard of the facility. In the case of the Holiday Plus store, located near the proposed development site, he noted that it is located at the side yard and they do have some loading in the rear yard. The proposed Home Depot is designed to face Main Street. Mr. Hickok stated if the land were to be developed today with the M-2 and C-2 designations, (with a typical industrial use on the M-2 and a typical commercial use on C-2, possibly a theater) the trade-off in car counts was a very insignificant difference. In terms of issue of where that traffic might be coming from, staff did ask the developer in past discussions, to look at 57th Avenue as cars come off from University Avenue through the intersection r--, PLANNINa COMMI88ION MEETIN�. APRIL 19. 1995 P�GS 2$ and also what kind of activity is anticipated through the intersection at 57th Avenue and Main Stre�t. In later discussions as they analyzed this, they then thought about the cars coming southbound on University Avenue and using 61et Avenue to the north, coming across and down and also the passibility of the unknowns with traffic coming from the south on Main Street. These are the types of things that staff would take a look at and if necessary get some numbers on those car counts. Mr. Newman asked if the parcel to the north of the proposed site is undeveloped. Mr. Hickok etated no, this parcel is developed. It is an industrial site. Mr. Timothy Platt, Real Estate Manager for Home Depot, was present to discuss the proposal with the commissioners. Mr. Platt stated Home Depot is the country's largest retailer of home improvement goods. They are based out of Georgia and operate 325 stores and last year's sales were $12.6 billion. A store of this type would employ between 175 and 200 people, 75�. of the jobs would be full-time and riqht now the average hourly � wage in the midwest is $10.44/hour. Because they pride themselves in providing good service, the� find that they need to hire ex-trades people and those who are very familiar with the home improvement business. Mr. Platt stated in regard to the loading dock on the front of the building, they do not consider it themselves to be a loading dock, but rather a customer pick-up door where the customer can pull up in front and pick up materials. They do not unload trucks at this location. Under the broad spectrum of the ordinance, because it is a roll-up door, it is then considered to be a loading dock. Mr. Hickok stated the code describes a loading dock as a door for loading and unloading of material by commercial vehicles. However the loading and unloading of materials is happening here, the impacts are the same whether it is a commercial vehicle or not. In the discussions with the developer, he did ask about contract sales and contractors picking up their materials there. This could be considered a commercial vehicle loading in that location and they responded by saying that for large contractors, Home Depot does have a delivery service to the site. Staff is concerned because it is an overhead door and the City could not preclude commercial vehicles from loading and unloading there when the site develops. �, Mr. Oquist asked if an actual qreenhouse will be located on the sitea � PLANNINa COMMI88ION MESTINa. APRIL 19. 1995 PAaE 29 Mr. Platt stated yes, it will be completely enclosed by glass. They sell a lot of very large office-type plants. It is an actual greenhouse. Mr. Rondrick asked how the size of the facility compares to Menardse Mr. Platt stated that Home Depot is bigger by 40% than most Menards stores in the area. They merchandise their goode on pallets. It is very similar to a warehouse operation. One difference from Menards is Home Depot does not have an outdoor lumber yard. NIr. Oquist asked where other materials such as dirt, cement, block and patio blocks are so1d. Mr. Platt stated these materials are sold out of the outdoor area but that is in an area that is behind the greenhouse area. Mr. Sielaff asked if the trip generation comparison which was completed by Barton-Aschman & Assaciates was for just retail customers. � Mr. Platt responded yes. Mr. Sielaff asked about supply trucks or delivery trucks. Mr. Platt stated Home Depot receives most of its goods via common carrier including their lumber and so a lot of the truck traffic depends on the volume of the store, etc. Their basic receiving hours are 6:00 a.m. to 3:00 p.m. He would have to assume that it would be similar to any other retail operation that has common carrier service. This might be estimated at 15 trucks per day including UPS, RPS, etc. Mr. Sielaff asked if the delivery trucks have large trailer�. Mr. Platt stated sometimes a delivery truck will come in with one pallet of goods - it may have a number of deliveries to different locations. Mr. Saba asked how soon they would be planning to begin construction.of the facility. Mr. Platt stated they would like to begin as soon as possible. They would really like to be enclosed before the frost sets in this Fall. Mr. Oquist asked if there would be any concerns about the � additional truck traffic on the streets. n, � PLANNINa COMMI88ION MESTIN�. APRIL 19. 1995 PAaB 30 Mr. Hickok stated he did not foresee a problem as these roads were designed for industrial users. Mr. Kondrick asked if there were any concerns with trucks being able to make the turns at the Main Street and 57th Avenue intersection. Mr. Greg Frank, representing Home Depot, stated some type of easement may be requested, however even without it, they feel they could still have a workable intersection. The trucks would moat likely come in off 57th Avenue. Getting out of the lot may be a bit more difficult for them. Ms. McPherson stated that she had a conversation with Mr. Richard Murphy who owns a warehouse near the site and he indicated that their trucks are utilizing 57th Avenue as well as coming off of East River Road. He did foresee a problem. Ms. Paul I�aDuke of Lino Lakes stated they own the lot on 57th Avenue and 57th Place. Holiday owns the empty lot next to �heirs. They have had a chance to sell, but Holiday does not want to sell. Their lot would certainly be accessible to Home Depot for their trucks to turn around, but they may not be able to get Holiday to sell their lot. Mr. Paul LaDuke of Lino Lakes stated as a customer, if he were coming east on 694, he would probably chose to exit on University Avenue, go right for approximately one block and then go through the neighborhood to get to Main Street. Mr. Newman informed Mr. Platt that the staff has recommended that the Planning Commission table action until May 3rd, and asked if these are time tables the Home Depot can live with. Mr. Platt stated this was discussed at a meeting with the staff. If the Planning Commission feels they need more time, it is acceptable to them. NIr. Newman stated this would allow staff to review the new site plan. He noted that they would plan to continue the Public Hearing on May 3rd. He asked the commissioners to comment on the proposale Mr. Saba stated he has been in a Home Depot store and he was very impressed with the overall cleanliness and quality of the operation. Mr. Oquist stated he feels the proposal looks like a nice package. He noted the property seems somewhat landlocked, but ^ the developer does not have concerns about it, and feels they can work it out. He asked if staff could foresee any problems with PLANNINm CO�II�IBBION I�ETINO. APxIL 19. 1995 P�aE 31 � - � Metro Council in regard to th� rezoning of the property. Mr. Hickok stated the Metzopolitan Council will analyze from a sewer standpoint and from a transportation standpoint and they will look at the City's Comprehez�sive Plan and whether there are any deficiencies in the updates. All of these will be a part of the equation as they evaluate minor amendments. He would anticipate that this will be only a minor amendment and something they should be able to move forward, however he cannot guarantee this. Staff will start working with Metro Council on this issue so that things can work simultaneously and will stress to Metro Council the urgency of Home Depot's schedule. Mr. Kondrick stated he also has been in a Home Depot store. He feels they have a good reputation and would be an asset to our community. Ms. Modig stated she feels it looks like a good plan. Mr. Sielaff stated his only concern is about traffic. He stated when he comes off of 694 coming from the east and tries to get all the way over to the left lane on University Avenue he sometimes has difficulty, especially during peak hours. Mr. Newman stated he does have a concern about the loss of a large industrial site. They are a rare premium. The proposal itself he has no problem with. He would like to make sure that with the proposal a lot of traffic isn�t being dumped onto 53rd Avenue into the residential community. OM TION by Mr. Sielaff, seconded by Oquist to continue the Public Hearings to May 3, 1995, and table action on PS #95-02, SP #95- 05, and ZOA �95-04. IIPON A VOICL VOTE, ALL MEMHERS VOTINa AYE, CIiAIRPERSON NSWMAN DECLARED THS MOTION CARRIED IINANIMOIIBLY. 6. RECEIVE THE MINUTES OF THE PA12RS & RECREATION COMMISSION MEETING OF MARCH 6, 1995. MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the Parks & Recreation Commission minutes of March 6, 1995. IIPON A VOICE VOTE, ALL VOTINa AYB, CHAIRPERSON NEWMAN DECLARLD T8E MOTION CARRIED ONANIMOIIBLY. 7. RECEIVE THE MINUTES OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF MARCH 9. 1995. '"'� MOTION by Mr. Oquist, seconded by Mr. Rondrick to receive the � Housing and Redevelopment Authority minutes of March 9, 1995. �LANNI�ia COl�II�iI86ION MEETINa, APRIL 19. 1995 PAGE 32 r--�, IIPON A VOICB VOTE, ALL VOTINa AYL, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 8. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERGY COMMISSION MEETING OF MARCH 21, 1995. MOTION by Mr. Sielaff, seconded by Mr. Saba to table this until the minutes have been approved by the Environmental Quality and Energy Commission. IIPON A VOICI� VOTE, A7�L VOTINm AYE, CBAIRPERSON NEAMAN DECLARED THL MOTION CARRIED ONANIMOIIBLY. 9. �2ECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MARCH 28, 1995. OM TION by Mr. Oquist, seconded by Ms. Modig to receive the Appeals Commission minutes of March 28, 1995. OPON A VOICE VOTE� ALL VOTINd AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. . �' MOTION by Mr. Kondrick, seconded by Mr. Saba to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTINGI AYE, CHAIRPERBON NEWMAN DECLARED THE MOTION CARRIED AND THE APRIL 19� 1995.PLANNING COMMI88ION MEETINC,i ADJOIIRNED AT 1Os45 P.M. Respectfully submitted, _- ���� Tamara D. Saefke Recording Secretary � � ^ ^ � S I G N— IN S H E E T PLANNING COMMISSION.MEETING, Wednesday� April 19, 1995 /'� .. . . .... 8 I G N- IN S H E E T PLANNING COMMISSION.MSETING, Wednesday, April 19, 1995 � Name � • Address/Business• •� � � � ' � � � . ��,i1 �r i C� . :� �fa� Nle I .F i v - � . . . . . 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