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PL 06/21/1995 - 30809� s CITY OF FRIDLEY PL2�iNNINC COMMISSION MEETING, JIINE 21, 1995 CALL.TO ORDER• Chairperson Newman called the June 21, 1995, Planning Commission meeting to order at 7:32 p.m. ROLL CALL• Members Present: Dave Newman, Dave Kondrick, Brad SielaFf, Connie Modig Members Absent: Diane Savage, Dean Saba, LeRoy Oquist Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Kurt Schneider, Planning Assistant Lloyd Roberts, Jiffy Lube Rick Jacobson, Jiffy Lube John Anderson, Jiffy Lube Tim Nelson, Commercial Property Investments Tim Platt, Home Depot APPROVAL OF MAY 3, 1995, JOINT PLANNING COMMISSION_ AND ENVIRONMENTAL OUALITY & ENERGY COMMISSION MINUTES AND PLANNING COMMISSION MINiJTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the May 3, 1995, Joint Planning Commission and Environmental Quality & Energy Commission minutes and the Planning Commission minutes as written. IIPOId A VOICE VOTE� ALL VOTIN(� AYE, CHAIRPERSON NEWMAN DECLAR�D THE MOTION CARRILD IINANIMOII3LY. l. PUBLIC HEARING: CONSIDERATION OF A COMPREHENSIVE PLAN AMENDMENT, CPA #95-01, BY HOME DEPOT USA INC.: In accordance with State Statute 462.355, Subdivision 2, Procedure for Plan Adoption and Amendment, the proposal would amend the current land use designation from industrial to commercial on Tract A, Registered Land Survey No. 130, generally located north of I-694 and west of Main Street. MOTION by Mr. Rondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. OPON A VOICE VOTE, ALL VOTING AYE�'CHAIRPERSON NEWMAN DLCLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:34 P.M. � Mr. Hickok stated the Comprehensive Plan amendment is related to � the Home Depot project. At the last Planning Commission meeting, �� �"� ,� 0 PLANNING COMMI88ION 1KEETING. JIINE 21. 1995 PAGE 2 Home Depot had a rezoning request, special use permit, and plat review before the Commission. At that time, the recommendation of the Commission was to rezone the property from M-2, Heavy Industrial, and C-2, General Business, to C-3, General Shopping, to allow development of Home Depot and two retailers. Mr. Hickok stated one point of clarification relates to the reference to the parcel being one of the largest industrial parcels in the inventory. Mr. Tim Nelson sent a facsimile asking him to explain that there are industrial parcels to the north totalling 17 acres which is zoned M-3, Heavy Industrial, outdoor intensive. That is a combination of parcels consisting of 6.22 acres and 11.33 acres. The 14.5 acres for the proposed Home Depot site carries two zoning designations for the one parcel. The zoning for the north portion is M-2 and the south portion if C-2. The original zoning occurred in the late 1970's and related to a hotel request but that plat never formalized. Mr. Nelson also points out there is an addition 10 acres that carries the M-2 zoning. Mr. Hickok stated the Comprehensive Plan must be consistent with the zoning. The plan amendment to rezone this parcel would do that. The properties to the north, west and south are zoned M-2 and across Main Street is C-3 and C-2 zoning. Mr. Hickok stated the Comprehensive Plan amendment is in order. Staff recommended at the last meeting denial of the request based on factors such as traffic and transportation routes, creating an island of commercial in an industrial area, and eliminating a large industrial site in the City. In the staff report, it is unclear what the impact would be to 57th, Main Street, and the exit from I- 694 to University. The City Council has asked Home Depot to go back and do some further evaluation of the impact of traffic to the intersection of 57th and 61st and to look at where those trips would be coming from at peak hours. Mr. Hickok stated, if the Planning Commission chooses to recommend approval, staff recommends approval with the following stipulations: 1. Approval of ZOA 95-04, PS 95-02, and SP 95-05. 2. A Comprehensive Plan Amendment will be required if this 14.5 acre parcel is to be rezoned. All fees related to processing the amendment will be born by the petitioner. 3. The petitioner shall provide verification of approval of the storm water management plan from the Minnesota Department of Transportation (MnDot) and the Six Cities Watershed District. PLANNINa COP�II88ION MEETING. JIINE 21, 1995 PAaB 3 � 4. The petitioner shall be responsible for the cost of the traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements as determined by Anoka County or MnDot now or in the future. Mr. Rondrick asked why one would change the Comprehensive Plan. What are the benefits of one zoning over another? This body looks at traffic, signage, the impact on the neighborhood, the number of jobs generated, etc. He asked Mr. Hickok to talk about the benefits of an industrial area as opposed to a commercial area. Mr. Hickok stated the Comprehensive Plan is the policy plan for the City. It is the plan that future decisions are based upon. Amendments to the plan are not unusual. One could decide that the original plan is now inappropriate and that it now makes more sense to make this commercial. Main Street divides the industrial zoning from other zoning. It was at one time viewed as the boundary. There was talk about commercial nodes and where to develop those nodes. There were three identified and this was not one of those three. If we update the Comprehensive Plan, that Plan would identify this is a commercial node in the community. � Mr. Hickok stated, concerning the impacts if the site would develop as industrial, the traffic numbers are lower with industrial use as opposed to commercial. With the zoning as it is, we have kind of a mix. If it were to develop as zoned, the traffic would probably be a toss up. Going back to the Comprehensive Plan which is the basis of our amendment, we would have lower traffic counts. The peak times may be different for this area. Industrial has morning and afternoon peaks and lower daily generation. Mr. Rondrick asked if the peaks would generate more traffic on Saturday and Sunday with that development than they would have during week on a per day basis. Mr. Hickok stated the numbers show they would have peaks as late as 7:00 p.m. and on weekends. Looking at this from an overall land use, the City Council talked about this being the last large parcel in School District #14. The assessor's office was asked to do an analysis on the anticipated taxes. Based on the proposed mix, the estimated tax is $372,246. In comparison, the estimated tax for industrial would generate $240,085 for a 100,000 square foot building. These numbers are based on assumptions. They could have closer to 200,000 square feet of industrial and greater taxes. Assumptions are being made based on unknowns at this time. Home Depot alone would generate approximately $274,000 in taxes. � Mr. Iiickok stated, as far as the traffic and the land use, it is .� healthy from a city's perspective to go back to the land use to see if the early decisions were accurate or if the area has developed PLANNINa CON�IISSION MEETING. JIINE 21. 1995 PAGE 4 � in such a way that this does not work. How has the area evolved from what it was when the plan was put together? Those are the types of things to look at when evaluating. When staff evaluated, they were taking industrial out of the area and adding commercial. Mr. Nelson stated, with respect to the issue of extending the node of commercial, this is not entirely true given the situation across the freeway where there is Home Value and Wickes in an industrial area. He did not think Home Depot needed to have a rezoning but thought they did need to do so for the garden center. If they just operated the Home Depot, they could do so without rezoning. The tax benefits are higher with retail. It is questionable, if the site would develop, how big it would be. Historically, the taxes on commercial have been higher. Home Depot has traffic people who will have to answer to the traf f ic concerns . He thought they would be able to satisfy those questions and they have shown developing the parcel with the existing zoning is a wash with the amount of traffic generated. If the site were developed with the proposed industrial, the project would have additional traffic questions with truck traffic. Car traffic can be of concern, but there is a higher concern with truck traffic. He would support the request for amendment. � Mr. Platt stated he was available for questions. He thought staff had done a good job of presenting the issues. One issue is the move of the commercial node across Main Street. If there is concern that there would be continued growth of commercial beyond this site, he thought that could be stopped by what lies behind the parcel, namely the railroad tracks. There is no crossing to get to the west and he would think that, if there is a fear that commercial would creep to the west, the general land layout would stop that. �� Ms . Modig asked if iiome stipulations. Mr. Platt stated no. Depot had any problems with the Mr. Hickok stated he would like to clarify Mr. Nelson's statement regarding the zoning requirements as it relates to Home Value and Wickes. This relates to the ratio of retail floor area to warehouse space. This ratio is appropriate at Wickes and Home Value to allow in an industrial area. The Home Depot relationship is different. The floor area and warehouse space overlap and do not meet the requirements to consider this as an industrial use. Mr. Platt stated Home Depot does keep everything on the floor. They keep very little in the back room. Mr. Sielaff stated he keeps asking himself, "So what?�� Why is the distinction made? Wickes is still retail. Are there some problems PLANNING COMMI86ION MEETINa. JIINE 21. 1995 PAaE 5 /"� in having more display space vs. warehouse space? He did not know why this was an issue. Mr. Hickok stated there is an element in the industrial section of the code to provide for assembly showrooms and to provide an opportunity for a mix on the floor. There are trip generation impacts to the site. The parking requirements are calculated on the floor area and peak demands. If it is a very large building, there may be a large floor area. Mr. Sielaff asked if this meant the peak would make a difference. Mr. Hickok stated yes. The peak travel times for a warehouse would have a different peak travel pattern. Mr. Sielaff stated Wickes and Home Value would be bigger buildings so they may have the same number of peak spaces as Home Depot. Mr. Hickok stated this was possible. Mr. Sielaff asked if the Metropolitan Council normally goes along with amendments or do they have some type of review process. � Mr. Hickok stated there are some guidelines for the City to follow. Staff has patterned their review on what the Metropolitan Council would look at. It would be the same outline that they follow. If the Metropolitan Council wishes to do so, they may ask for more information. They have 90 days to review and understand the request before making a determination. In the first 10 days, we do not see any significant metropolitan impact but this does have some internal impacts to the City. They would look at traffic on I-694 and University. Main Street and 57th is probably not as big of an issue for the Met. Council. Mr. Sielaff stated, while staff recommends denial, that does not necessarily mean the Met. Council would deny the amendment because they are looking at it from a larger scale. If they do decide to deny, what then happens? Mr. Hickok stated, based on staff's analysis, they can see the impacts are not great. It is very important to them that we send in our recommendation after the Planning Commission has had a change to review. Staff will send the amendment with a letter that the Planning Commission has recommended and will indicate when this will be going to the City Council. They understand that when the decision is made both will review. Mr. Sielaff asked if there is an appeals process if it is denied. � _ Mr. Hickok stated yes. PLANNING COMMI88ION MEETING, JIINS 21, 1995 PAa$ 6 �� Mr. Newman stated his experience has been that normally the Metropolitan Council does not deny, but that they object and the request must be revised until the issue(s) is satisfactorily addressed. Mr. Hickok stated one of the things that would be flagged is if the city were on the edge of an urban area and there would be a large impact on the water/sewer system. It would come up in the calculations the changes in flow characteristics, water treatment demands, etc. If they see an enormous impact, there may be a shift in their decision or they may want us to justify. In this case, staff have found that the flows will be a trade off much like the traffic. OTION by Mr. Rondrick, seconded by Mr. Sielaff, to close the public hearing. IIPON l�i VOICE VOTE, ALL VOTING AYE, CBAIRPERBON NEpMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:02 P.M. Mr. Kondrick stated a Minneapolis-St. Paul magazine article on companies doing well in the country listed Home Depot in the top 10. The company is growing and has a good name. He thought the � company had integrity. Regarding the traffic question, if they are willing to comply with any alterations to add traffic flow with signage or other forms of redirecting of traffic, he thought that was a plus. People who live in Fridley who will shop at this company will use 53rd, 61st or 57th. They will find the avenue of least resistance. The truck traffic is a concern and he thought they will have some trucks coming in and out with Home Depot as well as with an industrial use. It could be that there are more trucks with industrial than commercial. He realizes that 57th is a stickler. He still likes the development. He likes the way it looks and the location. He feels the Home Depot store there could be an asset to the community. Ms. Modig stated she basically agreed. She is not concerned about moving the commercial across Main Street because of the commercial that is on the other side of I-694 and other businesses on East River Road. These have invaded into the industrial area already. When coming over the bridge, there is a lot of truck traffic down Main Street. She thought they would use Main Street to avoid University. She thought Home Depot would be an asset to the community. She sees a need for a store of this type. From what she has heard, they seem to be a responsible group that we could be proud to have in the community. She has no problem with the request. ,� Mr. Sielaff stated he has not changed his mind. He does not see _ any problems since there is commercial across the street. He does not see anything inconsistent with the rezoning to commercial use. PLANNING CONIIdiI86ION MEETING. JIINE 21, 1995 PAaE 7 Mr. Rondrick stated taxes will be generated. It is possible there may be more taxes if there were an industrial facility if it were bigger than this building, but there will be jobs generated. Home Depot pays good salaries. Those are other things that went into his decision as well. Mr. Sielaff stated his concern is the traffic. Ms. Modig stated, if they had a big industrial conglomerate coming in, they would have more input from the community regarding the trucks. There will be more traffic because this is a good place to shop. She would think that people who have houses along Main Street would be used to having a considerable amount of truck traffic now. Mr. Newman stated he agreed about the caliber of the company. Everything he has read in the last six months about leading companies, he keeps reading about Home Depot. It is impressive. He would hate to see the City lose them. On jobs, depending on the manufacturing use, they may have higher paying jobs. Or there may not be jobs. The taxes may be a wash. Regarding current uses, this is already partly zoned C-2. In looking at the surrounding uses, part is industrial and part is commercial. He has a problem �, with traffic. If these guys are good, they will generate a lot of customers. We know how the intersection at Holiday gets already. I-694 is busy and people will use the back roads. He can see a lot of people using the back roads and a lot of traffic there at times when people are home to experience it . That is the problem he has . He thought this would impact that traffic and he does not think the intersections are designed to handle that traffic. They are clesigned for a different purpose. Mr. Kondrick stated these are valid concerns. This is a good company and because they are good they will generate more business . There is going to be traffic no matter what develops there. There may be more with this but not any more than what can be handled by smart shoppers coming in by various routes. He thought it would become a manageable situation - bothersome but manageable. The City will have the same issue at Lake Pointe when that is developed. We will have to live with it as best we can and he thought we can put up with some aggravation for the benefits that the City would see. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend approval of a Comprehensive Plan Amendment, CPA #95-01, by Home Depot USA, Inc., in accordance with State Statute 462.355, Subdivision 2, Procedure for Plan Adoption and Amendment, the proposal would amend the current land use designation from industrial to commercial on Tract A, Registered Land Survey No. 130, generally located north of I-694 and west of Main Street. PLANNINa CONII+4ISSION MEETINa, JIINE 21. 1995 PAGE 8 �"\ IIPON A VOICE VOTE, WITH MR. RONDRICR, M8. MODIa AND MR. BIELAFF VOTING AYE AND MR. NEWMAN VOTING NAY, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED BY A MAJORITY VOTE. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #95-06, BY ADE LEASING FOR JIFFY LUBE: Per Section 205.14.02.C.(5) of the Fridley City Code, to allow an automobile service station and motor vehicle fuel and oil dispensing service in a C-2, General Business District, on Lot 1, Block 1, Osborne Plaza, generally located at 7609 University Avenue N.E�. O ION by Mr. Rondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearinq. IIPON A VOICE VOTE, ALL VOTINa AYF, CBAIRPERBON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:15 P.M. Mr. Hickok stated the request is for a special use permit at 7609 University Avenue N.E. The site is along University in the northeast quadrant of University and Osborne Road. The site has a pie-shaped configuration. The zoning is appropriate for the use. �1 Mr. Hickok stated the site was purchased by Standard Oil in 1958. In 1967, there was Appeals Commission consideration to allow a special use perm�t. It was not until 1971 that the Planning Commission considered and recommended approval of the special use permit for a service station on this site. The City Council followed that recommendation. In 1971, the site was developed for a service station and construction began in 1972. In 1973, the carwash was added. In 1986, the canopy was added for conv�nience. The station has been closed since approximately 1992. In the meantime, soil contamination issues were taken care of. There were deadlines to get that completed. Mr. Hickok stated the building has remained vacant. The special use permit runs with the land, but when the building remains vacant for a period of time and the site redeveloped, the City takes it back through the process and would require a recommendation by the Planning Commission and approval by the City Council. Mr. Hickok stated staff recommends approval of the special use permit with six stipulations: ].. The following changes are to be made prior ta the issuance of a building permit: � A. 4 Black Hills Spruce shall be added along the north _ property line (Eastern Red Cedar are shrubs). ��, i'� �� PLANNING COI�MI88ION MEETINa. JIINE 21, 1995 PAGE 9 B. Replace all Honey Locust with Norway Maple. Relocate the three trees (along Osborne Road) to the University Avenue side of the parcel to help mitigate the impact of four overhead doors facing a major thoroughfare. C. Underground irrigation shall be installed. Mr. Hickok stated staff has reviewed the landscaping and determined there should be a mix of evergreen and shade varieties. There is an abundance of Honey Locust in the community and staff recommends replacing these with maple. To the south, there are three Honey Locust located along what is a 50-foot wide St. Paul Waterworks easement. Based on past experience, staff does not believe that this wo�ld be supported by St. Paul Waterworks. Therefore, we have asked that those trees be located outside of that easement area to the University Avenue side of the property. In meeting with the petitioner, they have asked that they could put two along the front and one to the north. Other stipulations include: 2. Ventilation will be required for the lower level of the structure. 3. Storage of used oil shall occur outside. 4. The used oil storage tank shall be tested, certified and shall meet all specifications of the City's Chief Building Official and Fire Marshal. 5. The petitioner shall comply with all Anoka County and St. Paul Waterworks stipulations and obtain all necessary permits prior to the issuance of a building permit. 6. The petitioner will be required to provide on site ponding. Run-off calculations to determine the amount of ponding shall be submitted to the Assistant Public Works Director for review and approval. Mr. Hickok stated the last stipulation relates to a berm on the site plan indicated along the corner of Osborne Road and University Avenue. The City's engineering staff would prefer to see this as a ponding area on the site and that surface drainage be directed to this ponding area. The engineering staff also believes, like the trees we are asking the petitioner to move from that easement, history has shown that St. Paul Waterworks would not like to have a berna on the easement area. Further communications indicates that this would be favored. Mr. Kondrick asked how the St. Paul Waterworks staff felt about having the ponding area. Mr. Hickok stated communications indicate this would be preferred. PLANNINa COMMI88ION MEETINa. JIINE 21. 1995 � PAGE 10 f"\ Mr. Rondrick stated, with the drawings as presented and with the station as it is, is there not an actual swale between the property line and the thoroughfare. Doesn't the water by itself drain there? Is there a reason why staff feels we should have more than that? Mr. Hickok stated the calculations would help determine, according to water management practices for surface runoff, whether the post- development runoff would exceed pre-development runoff. Staff is asking the petitioner to calculate that and, if there is runoff, to hold it on site and that this would be the preferred location. If it is a match, they may be able to then to take it out to what drains naturally. Mr. Kondrick asked if a part of their drainage would be to drain the runoff into the swale. Mr. Hickok stated what they are looking at is sheet draining into a catch basin. Providing the runoff does not exceed pre- development numbers, the catch basin along University may be appropriate. The petitioner has indicated that this is acceptable to them. There is a swale that operates outside of this site and n uses the state right-of-way. As we develop our calculations, we separate the runoff conditions and we would not contribute to this. We would create our own drainage system. Ms. Modig asked, if you have runoff going into a ponding area and they are changing oil at this site, will there be oil running into this pond. Mr. Hickok stated the regulations are very strict in terms of what is inside the building. This is talking about surface runoff just like any other parking lot and like any other condition for ponding on site. It is a very similar and a consistent recommendation. Mr. Kondrick stated the overhead doors would face west. What screening will be required to screen those doors from University? Mr. Hickok stated there are some base plantings including a three- foot hedge plus perennials. As you get closer to the store, there is the hedge and then the trees. If the Commission feels it appropriate, you could make this a part of the recommendation. Mr. Kondrick stated he would like to see something to block most of the doors but low enough to recognize the business. Mr. Newman asked where the cars enter the building. ^� Mr. Hickok stated the cars would enter the building on the east _ side and exit on the side facing University Avenue. /� � � PLANNINa COMMISBION MEETING. JIINE 21. 1995 PAG$ 11 Mr. Newman suggested keeping the doors on the University side closed and open the others if needed for ventilation. Mr. Hickok stated staff had discussed this. In another request and after much discussion, the City Council allowed the doors to be open. Staff talked with the petitioner who stated it is unrealistic to expect the doors to be closed. They have the doors open in hot weather for ventilation. We looked at another layout where the doors would be facing Osborne Road. Mr. Kondrick stated, whether the doors are on Osborne -or IIniversity, he would like them to be screened as much as possible but still let people know of their service. Mr. Hickok stated, if the Commission prefers, they could look at a year round opaque quality, the height, and make a recommendation based on soil conditions and what would provide that intermediate buffer. Mr. Rondrick stated they could have a three-foot hedge with a two- foot berm to screen half the length of the doors. Mr. Hickok stated one of the things they talked about when looking at berms in this area is the dimension from the back of the curb to the property line. Mr. Rondrick asked if there was roughly 50 feet of doors. Mr. Hickok stated yes. A two-foot berm may be a realistic expectation. Mr. Sielaff asked if the used oil storage was above or below ground. Mr. Hickok stated the used oil building. New information about staff just recently. storage was below ground in the the used oil storage came in to Mr. Sielaff asked if they have to meet the same requirements as gasoline storage tanks. Mr. Hickok stated yes. The tanks must be double walled with monitoring devices, etc. Mr. Sielaff asked if these requirements are the same or more stringent. There is an incentive for gasoline tanks not to have leakage but there is no incentive here. Mr. Hickok stated he would have to defer to the technical staff to answer that question. „� PLANNINa CO1�iI68ION ME�TINa. JIINE 21. 1995 � PAaE 12 ! � Mr. Sielaff asked if the other tanks had been taken out and if soil samples had been taken. Mr. Hickok stated yes. The fire marshall indicates they have done the necessary sampling and testing to see if they meet the standards. He did not believe there was any clean up necessary. Mr. Rondrick stated the south part of the property adjacent to Osborne Road has some trees and asked if the St. Paul Waterworks wants them removed. Mr. Hickok stated his understanding is that they would accept perennials along the edge or some low growing plants. They do not want a berm and no large plants in order to get in there should they have to do any work. Ms. McPherson stated, if you look at Bob's Produce/Lyndale Garden Center site, the landscaping there is very typical of what the St. Paul Waterworks will allow. There are no overstory trees, and most shrubs are less than 36 inches maximum height. Mr. Rondrick stated this area has neighbors to the south. It would be nice to have something there as a screen for those neighbors. �`� Mr. Anderson stated he did not have any prepared comments but would answer any questions. There are some comments he would like to address. Regarding the used oil handling, there is an incentive for them to maintain a real control of used oil from the standpoint of governmental regulations and economic value. They are very concerned about the used oil and take great precautions. Strict recordkeeping is required. Their compliance with the regulations is full and complete. If there are any questions, he would be happy to answer them. Mr. Sielaff asked if there was some way to monitor. Mr. Anderson stated there is a monitoring procedure that is very complicated. Mr. Sielaff asked how large the tank was. Mr. Anderson stated the tank size varies from 560 to 1,000 gallons depending on the site. Ms. Modig asked if they have materials or ways of handling spills should they occur. Mr. Anderson stated they pride themselves on cleanliness. The only � other company that may approach Jiffy Lube is Kennedy Transmission in terms of clean. There is human error and there are mechanical ” breakdowns. They have cleaning procedures and they try to clean up � �� PLANNINa COI�lI88ION MEETING. JIINE 21. 1995 PAaE 13 everything that would occur on site. If there is a spill off site, they will even go off site to a customer with a problem if they provided the service. In terms of environmental concerns, this company has been crushing filters before it was a regulation. They were a leader in terms of crushing filters. Everything that comes through their facility is virtually recycled. The filters are collected, accounted for, and reused. Mr. Kondrick asked if they had any problems with the stipulations. Mr. Anderson stated they had met with staff today and complimented staff in terms of their openness and their willingness to meet with them when they asked. They met on the landscaping conditions and he felt they had a good meeting on what the needs are. Regarding the berm in front, he had instructed the site engineer to put a berm in the front between University and the overhead doors. They have a ponding problem on the state property. It is steep there and the site engineer stated they would not be able to maintain it with a berm, but he will go back and revisit that issue. He has no problem with a two-foot berm but he also wants to be able to maintain it. Stipulation #3 states that they will have outside storage of the used oil. After meeting with staff today, that stipulation has been removed. The storage will be inside and ventilated. Other than that, they have no problem with the other stipulations. Mr. Hickok stated the City fire marshall received a call today. The oil storage was a concern until the current code amendment. There was a revision in the most recent code which does eliminate the necessity because of the high standards for having the storage inside. Mr. Sielaff asked why staff wanted the used oil storage outside. Mr. Hickok stated ventilation was part of it. Experience has been to keep the storage away from the technician area and outside of the building for fire purposes. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE pIIBLIC HEARINa CL08ED AT 8:45 P.M. Mr. Kondrick stated Jiffy Lube are good people and have a reputation for doing a clean job. He felt they would be an asset to the City. � MOTION by Mr. ICondrick, seconded by Ms. Modig, to recommend � approval of a Special Use Permit, SP #95-06, by ADE Leasing for Jiffy Lube, to allow an automobile sexvice station and motor � PLANNING CO1�iI88ION MEETING� JIINE 21. 1995 PAGE 19 / vehicle fuel and oil dispensing service in a C-2, General Business District, on Lot 1, Block 1, Osborne Plaza, generally located at 7609 University Avenue N.E., with the following stipulations: 1. The following changes are to be made prior to the issuance of a building permit: a. 4 Black Hills Spruce shall be added along the north property line (Eastern Red Cedar are shrubs). bo Replace all Honey Locust with Norway Maple. Relocate the three trees along Osborne Road to another location. Staff shall work with the applicant to provide a minimum of five-feet of year-round screening along the west pr,operty line. c. Underground irrigation shall be installed. 2. Ventilation will be required for the lower level of the structure. 3. The used oil storage tank shall be tested, certified and shall .r-� meet all Federal, State and local regulations. 4. The petitioner shall comply with all Anoka County and St. Paul Waterworks stipulations and obtain all necessary permits prior to the issuance of a building permit. 5. The petitioner will be required to provide on site ponding. Run-off calculations to determine the amount of ponding shall be submitted to the Assistant Public Works Director for review and approval. IIPON A VOICL VOTE, ALL VOTINt3 AYE, CHAIRPERSON r�EWMAN DECLARED T8E MOTION CARRIED IINANIMOIIBLY. Ms. McPherson stated this request would be reviewed by the City Council on July l0. 3. PUBLIC HEARING: CONSIDERATION OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205 ENTITLED "ZONING" BY A1�'NDING SECTION 205.25.8.c AND REPEALING SECTION 205.24. AND ADOPTING A NEW SECTION 205.24. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. ,� IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED T8E v MOTION CARRIED AND T8E PIIBLIC HEARING OPEN AT 8z50 P.M. PLANNINa COMMI88ION MLETING. JIINE 21. 1995 PAGE 15 Ms. McPherson stated this item is a two part ordinance amendment. The first part is to rescind the existing Chapter 205.24, Creek and River and Preservation District Regulations, which is the section that requires a special use permit for construction of accessory buildings and liveable space in a flood fringe area of the City. This was originally adopted in 1977. In 1988, the Federal government changed those regulations. We are now under a deadline to adopt the new ordinance to comply with Federal regulations. This applies to the area that is generally located north of 79th and adjacent to the Mississippi River to the Riverview Heights area. There will be no significant impact to residents. It does not change the minimum requirements. The only major change is that a number of requirements were added for mobile home parks and travel trailers which we have not previously allowed in the City. Ms. McPherson stated the second part is a one-sentence addition to Section Chapter 205.25, Critical Area Regulations, which deals with bluff setbacks from the Mississippi River, etc. As a result of a variance request last summer by Wayne Dahl, staff learned that the City should be notifying the Environmental Quality Board (EQB) when we have a variance request. Now the ordinance only acknowledges that we contact the Department of Natural Resources (DNR). The � second part of the ordinance amendment is to add the language to � notify another agency. Mr. Kondrick asked why this must be done. Ms. McPherson stated, under Section 103 which has to do with the Clean Water Act, it is a state requirement. Mr. Kondrick stated he understands that this would not affect anyone who wants to build in this area other than the fact that staff must notify the EQB. Our.standards will continue to be the same. Ms. McPherson stated this was correct. When special use permit requests for Gordon Hedlund were reviewed last summer, they were typical requests under Section 205.24. Staff would continue to process those types of requests with the additional step of notifying the EQB. Mr. Newman stated, when the Commission reviewed the special use permit request, there were concerns expressed about adding fill and there being run off to the neighbors, and having a home higher than the others around it. The request went to the City Council and staff looked at it if there were concerns. Now that you are doing this, would the Commission revisit what to do with those vacant lots? ��"1 Ms. McPherson stated Mr. Hedlund passed away and his nephew has control of the properties. He is in the process of filling those �'1 �. , � ,� PL�NNINa COMMISSION MEETING. JIINE 21. 1995 PAGE 16 lots, complying with the grading and drainage plans and complying with the stipulations placed on each of the lots. Building is occurring on those lots. Short of the odd porch addition or possible room additions to existing dwellings, she did not believe they would be seeing very many special use permits for this area. Mr. Newman asked what would happen is someone wants to put on a three-season porch. Ms. McPherson stated the proposed addition must meet the current standards. Mr. Newman stated, for example, houses in this area are now a non- conforming use and someone wants to add a three-season porch or room addition. They would have to put in three or four steps to get into it. Was that a requirement before? Ms. McPherson stated this was possible and the amendment will not change this. Mr. Newman stated the new ordinance impacts mobile home parks. Does it impact anything else? Ms. McPherson stated no. Mr. Rondrick asked what would happen if someone had a recreational vehicle (RV) on their lot and allowed someone to live in it. Ms. McPherson stated there are strict rules about placement of trailers. It is not against the law. The City could be responsible if the intended use is for living space as opposed to storing the RV on the property. If the RV is used as living space, it must comply with the regulations. Mr. Kondrick stated he was concerned with the liability to the City. Ms. McPherson stated she thought the City would have to deal with this as the situation arises. Mr. Sielaff stated, concerning the Critical Area Regulations, what if someone wanted to build a shed in that area. Ms. McPherson stated the critical area is defined as those areas west of East River Road. There are setback restrictions from the normal high water line and the top of the bluff from the Mississippi River. The request by Mr. Dahl was to reduce the bluff line setback from the required 40 feet down to approximately 0 feet. That is how staff found out the ordinance was not complete. The variance was granted. Staff indicated to the City council that, when the opportunity arose, staff would amend the ordinance. PLANNINa COMMISBION MEETINa. JIINE 21. 1995 � PAGE 17 �1 Mr. Sielaff asked why that request was approved. Ms. McPherson stated there was something of a hardship because of the location of the dwelling on the lot and the fact that the petitioner does not have a typical side yard. Mr. Sielaff asked the reason for notifying the EQB. Ms. McPherson stated the statutes does not indicate that. She believed it is for review and comment, similar to what the DNR does. Ms. Modig asked if this review by the EQB would delay requests. Ms. McPherson stated there should not be a delay. Staff would add them to a mailing list just like the neighbors. Staff must do this anyway because it is a requirement of State statutes. OTION by Mr. Kondrick, seconded by Ms. Modig, to close the public hearing. IIPON A VOICE VOTE, ALL VOTIN(� AYE� CHAIRPERBON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CL08ED AT 9:03 P.M. �, OTION by Mr. Rondrick, seconded by Ms. Modig, to recommend approval of an Ordinance recodifying the Fridley City Code, Chapter 205, entitled "Zoning", by amending Section 205.25.8.c. and repealing Section 205.24, and adopting a new Section 205.24. IIPON A VOICE VOTE, ALL VOTIN(3 AYE� CHAIRPER80N NEWMAN DECI,AR�D THE MOTION CARRIED IINANIMOIISLY. 4. CONSIDERATION OF RECOMMENDATION FOR 1995 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION Mr. 5chneider stated the City of Fridley has a Human Resource Commission which is the coordinating body to review and recommend funding for service organization projects. Their recommendation was included with the agenda packet along with the minutes of the meeting in which they made their decision. The process began in March with advertising for applicants and sending applications out to previously applying organizations. As the applications came in, the Commission reviewed them and conducted interviews at a special meeting on May 18. On June 1, the Commission met and recommended funding as presented. 5taff is asking the Planning Commission to review the recommendations and make any requests or changes so the City Council can consider this item at their meeting of July 10. � Mr. Kondrick asked if the $24,000 total was more or less than last year. PLANNING CON�II88ION MEETING. JUNE 21, 1995 PAGB 18 Mr. Schneider stated he believed this was somewhat less than last year. Last year, the total was closer to $30,000. The $24,000 reflects some funds that the City Council allocated off the top. This amount was for the Human Resource Commission to allocate. Mr. Rondrick asked where those other funds were allocated. Mr. Schneider stated the Senior Outreach Worker received $3,000 and the Senior Home Companion program also received $3,000. Mr. Kondrick asked if any of these organizations are getting more funding this year than last year. Mr. Schneider stated it was about the same. The total amount of requests came to approximately $54,000. The Human Resource Commission had to whittle that down to fit the $24,000. He did not think any of the organizations represented in their recommendation received their entire request. Mr. Rondrick stated he did not have a dispute with the numbers but asked why SACCA received less than St. Philips Church. It seemed that SACCA touches more people. � Mr. Schneider stated he cannot speak specifically to that situation. When reviewing the requests, the Human Resource Commission takes close consideration to the number of Fridley people that are helped. SACCA largely is a food shelf organization. Due to the elimination of some other food shelves in the Fridley area, SACCA did receive close to their full request. � � Mr. Newman stated St. Philips is very involved in a program for youth. The City Council is very interested in programs for youth and also wish to provide start up funds. Mr. Schneider stated the Commission expressed concern about that. St. Philips helps kids and their program was very attractive for that reason. The weaning off of some organizations was a topic that was discussed. Mr. Sielaff asked what the priorities of the Human Resource Commission were in allocating funds. Mr. Schneider stated they have in the past set up a broad priority of youth in Fridley. Mr. Hickok stated Mr. Schneider provided a history of what the Human Resource Commission had funded in the past to give them an opportunity to look at their track record. They look at new and innovative programs and what they have done in the past. This is available for anyone to review. Mr. Schneider invited the finance director to talk to the Commission because they were concerned PLANNING COMMISBION MEETING. JIINE 21. 1995 PAaB 19 � about some expenditures that were made from the budget for capital improvements. The CDBG program is set up for program costs. Alexandra House, for example, had asked for capital improvement funds. The City Council made a decision to allow themselves some room in the budget to have some money they can allocate for such programs. They want to keep this a pure program opportunity. Mr. Sielaff asked if they run into the issue of volunteers versus paid employees. There is a gray area as to when you should e�cpect volunteers to do the work as opposed to paid staff. Mr. Schneider stated the consideration of programs by the Commission is regulated by the CDBG program, which specifically mentions that the money they are allowing us to allocate can be used for facilities, supplies, operating expenses, or staff time but not for construction or capital improvements. Staff time can be either volunteer or paid. Mr. Sielaff asked how they come up with the total amount available. Mr. Hickok stated the City Council has set up a structure for funding. The housing programs come out of the CDBG funds and a portion is for human services. That amount has fluctuated. There �, are certain things the City Council likes to fund within the guidelines of the program such as housing. There are also County adxninistrative funds that come out of the total. What remains becomes the amount to be broken down for human services. The City Council did have priorities for the Senior Outreach Worker and the Senior Home Companion program and wanted to see them funded. It is policy decisions like that which affect what can be done at the Commission level. MOTION by Ms. Modig, seconded by Mr. Sielaff, to recommend approval of the recommendation of the Human Resource Commission as presented. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 5. RECEIVE THE MINUTES OF THE PARXS AND RECREATION COMMISSION MEETIIdG OF APRIL 3, 1995 MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the Parks and Recreation Commission minutes of April 3, 1995. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERBON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. �"`� 6. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF APRIL 13. 1995 PLANNING COMMI88ION 1�EETING, JIINE 21, 1995 PAGE 20 /'�� �, MOTION by Mr. Sielaff, seconded by Ms. Modig, to receive the Housing & Redevelopment Authority minutes of April 13, 1995. IIPON A VOICE VOTE, ALL VOTINa AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 7. RECEIVE THE MINUTES OF THE APPEALS COMMISSIOAT MEETING OF APRIL 25. 1995 OM TION by Mr. Rondrick, seconded by Ms. Modig, to receive the Appeals Commission minutes of April 25, 1995. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPER80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 8. RECEIVE THE MINtJTES OF THE PARKS AND RECREATION COMMISSION MEETING OF MAY 1. 1995 MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the Parks & Recreation Commission minutes of May 1, 1995. IIPON A VOICE DOTE, ALL VOTING AYE, CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 9. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF MAY 4. 1995 MOTION by Mr. Sielaff, seconded by Ms. Modig, to receive the Human Resource Commission minutes of May 4, 1995. IIPON A VOICS VOTE, ALL VOTINa AYE, CHAIRPERBON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 10. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 9. 1995 MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the Appeals Commission minutes of May 9, 1995. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPTRBON NEWMAN DECLARED THE MOTION CARRIED IINANIMOII3LY. 11. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF MAY 11, 1995 MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the Housing & Redevelopment Authority minutes of May 11, 1995. �� IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NERMAN DECLARED THE MOTION CARRIED IINANIMOII9LY. PLANNINa COMMI88ION MEETINa. JIINE 21. 1995 PAGE 21 � -- 12. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERGY COMMISSION MEETIPTG OF MAY 16. 1995 MOTION by Mr. Sielaff, seconded by Mr. Kondrick, to receive the Environmental Quality & Energy Commission minutes of May 16, 1995. IIPON A VOICL VOTEi ALL VOTIN(3 AYE� CBAIRPLRBON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 13. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF MAY 18, 1995 MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the Human Resource Commission minutes of May 18, 1995. IIPON A VOICTs VOTE, ALL VOTIN(� AYE, CHAIRPER80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 14. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF JUNE 1, 1995 MOTION by Mr. Sielaff, seconded by Ms. Modig, to receive the Human Resource Commission minutes of June l, 1995. � UPON A VOICE VOTE, ALI, VOTIN�3 AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 15. RECEIVE THE MINUTES OF THE APPEAI�S COMMISSION MEETING OF JUNE 6, 1995 MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the Appeals Commission minutes of June 6, 1995. IIPON A VOICS VOTE, ALL VOTING AYE, CHAIRPER80N NEWMAN DECLARED T8E MOTION CARRIED IINANIMOIIBI,Y. ADJOURNMENT: MOTION by.Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. IIPON A VOICS VOTE, ALL VOTING AYE, CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE JIINE 21, 1995, PLANNING COMMI88ION MEETING ADJOIIRNED AT 9:23 P.M. Respectfully submitted, � � ��� � )'� i�� ' /Cf� Lavonn Cooper Recording Secretary � � � i'`1 �--, S I G N— IN S H E E T PLANNING COMMI88ION .MEETING, inTednesday, _June 21 , 1995 , �� 0�°�`1