PL 11/01/1995 - 30815�
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CITY OF FRIDLEY
PLANNINa CO�I88ION MEETING, NOVEMHER 1� 1995
CALL TO ORDER:
Chairperson Newman called the November 1, 1995, Planning
Commission meeting to order at 7:30 p.m.
ROLL CALL:
Members Present:
Members Absent:
Dave Newman, Dave Rondrick, Diane Savage,
LeRoy Oquist, Dean Saba, Connie Modig
Brad Sielaff
Others Preserit: Michele McPherson, Planning Assistant
Dennis Zylla, Northco
A1 Quam, 399 - 73rd Avenue N.E.
Jim Holmen, 7310 Tempo Terrace
John Allen, Industrial Equities
APPROVAL OF_OCTOBER 18, 1995, PLANNING COMMISSION MINUTES:
Mr. Newman requested the following additions to the minutes:
Page 5, after the second paragraph, add the statement, "No one
from the public appeared for this item."
Page 6, after the first paragraph, add the statement, f'No one
appeared other than the petitioner who was available to answer
questions."
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the
October 18, 1995, Planning Commission minutes as amended.
IIPON A VOICL VOTE, ALL VOTINa AYB� CHAIRPER80N N�EWMAI�T DECLARED
THE MOTION CARRIED DNANIMOIISLY.
1. CONSIDERATION OF A VACATION REOUEST SAV #95-05 BY
INDUSTRIAL EOUITIES:
To vacate those particular 20.00 foot drainage and utility
easements originally dedicated on the recorded plats of
Northco Business Park and Northco Business Park 2nd Addition
and now to be vacated which lie within Lots 1 and 2, Block
1, in said Northco Business Park and Lot 2, Block 1, said
Northco Business Park 2nd Addition and lying southerly of
the northerly 20.00 feet of said lots. The centerline of
said 20.00 foot easement is described as follows:
Commencing at the most southerly corner of said Lot 1;
thence northwesterly, along the southwesterly line of said
Lot 1, a distance of 62.51 feet, to the intersection with
the westerly line of said Lot 1(said intersection
PLANNING COMMISBION MEETING. NOVEMBER 1. 1995 PAGB 2
hereinafter referred to as "Point A"); thence southeasterly,
along a line passing through a point on a southeasterly line of
said Lot 2, Block 1, Northco Business Park distant 29.00 feet
southwesterly from said most southerly corner, a distance of
85.00 feet, to the point of beginning of the centerline to be
described; thence northwesterly, a distance of 85.00 feet, to the
above referenced "Point A"; thence northerly, along the westerly
line of said Lot 1, a distance of 379.40 feet and said centerline
there terminating, generally located at the southwest corner of
73rd Avenue and Northco Drive.
Ms. McPherson stated an informal hearing is being held to
consider a vacation request by Industrial Equities. The location
of the request is at the intersection of 73rd Avenue and the East
University Avenue service drive. The property apans two legally
described lots. The petitioner is requesting that the City
approve the vacation of a 20.00 foot drainage and utility
easement which runs in a north/south direction through the middle
of the subject parcel. The purpose of the vacation request is to
allow construction of an 87,000 square foot multi-tenant
speculative industrial building. The building is 600 feet
fronting 73rd Avenue and 160 feet in the north/south direction.
Currently located in the utility easement, which is 20.00 feet
� wide (10.00 feet on either side of the lot line), is a 24-inch
_ storm sewer line which connects with the storm water system from
Northco Drive to 73rd Avenue. The petitioner has developed plans
to voluntarily relocate this storm sewer line in such a manner as
the water will go through a drainage pond, through a pipe across
the southwesterly right-of-way into another pond along the west
side of the site, and finally connecting via another pipe into
the storm water system on 73rd Avenue. The Engineering
Department has no objections to the proposed plan by the
petitioner. The request does not adversely impact the storm
water system for the City.
Ms. McPherson stated staff recommends the Planning Commission
recommend approval of the request with the following
stipulations:
1. The petitioner shall maintain the storm water drainage
system from the manhole located in the southeast corner of
the parking lot and the outlet located at the intersection
of 73rd Avenue and the East University Avenue Service Road.
2. The petitioner shall execute and record against the property
a storm water pond maintenance agreement.
Ms. McPherson stated, as presented, the site plan does meet the
� requirements of the M-2, Heavy Industrial District, with the
exception of the loading docks which face Idorthco Drive. The
--� petitioner will be processing a variance request, which will be
PLANNING CONIIKI88ION MEETINa NOVSMBER 1. 1995 PAQL 3
reviewed by the Appeals Commission next week, regardinq the
location of the loading docke.
Ms. Savage asked if a recommendation for approval would need a
stipulation contingent upon that approval.
Ms. McPherson stated no. The petitioner could redesign the
building so that there were no loading docks facing the right-of-
way.
Mr. Newman asked if the two lots would be combined into one tax
parcel and if that needed to be part of this approval process.
Ms. McPherson stated yes, the lots would be combined into one tax
parcel. This can be done as part of the administrative process.
The petitioner is seeking tax increment financing for some soil
correction. The combining of the parcels would be handled
through that process.
Mr. Zylla stated represented the Fridley Business Center
partnership, which is the seller of the land. They also had to
sign a petition in support of the vacation. He is attending the
meeting to express the partnership's support of what the
� petitioner is proposing. They are prepared to answer whatever
questions he can as part of this process. They are not directly
tied into the application fo= planning approval, but they are
aware of the need for a variance. The storm sewer is a situation
that no one foresaw when the property was platted. With the
market being what it is, the petitioner is more intereated in
developing a more linear, high bay building and the storm sewer
is basically in the way. He received a copy of the meeting
minutes of the Rice Creek Watershed District, which supports the
request. There is no adverse watershed impact. What the
petitioner is proposing is probably somewhat of an enhancement to
the sedimentation issue that typically watershed districts are
concerned about. The proposed system would provide more
filtration of the water through the system of ponds. He did not
see any adverse environmental impact. The vacation is primarily
a convenience for the development of the property for intended
use.
Mr. Newman asked if the closing had taken place.
Mr. Zylla stated no.
Mr. Newman asked if there was any reason the Planning Commission
would need to make the vacation contingent upon any events.
,� Mr. Zylla stated, between now and the City Council meeting, they
may have a closing. If that does not occur, they would want the
- actual publication of the meeting notice of official action be
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PLANNIN(� CO1�iISBION MESTING. NOVSMBLR 1. 1995 PA�E 4
postponed until closing occurs. He did not want to complicate
this proceeding because they are confident that this will happen.
Mr. Newman asked staff if this ahould be included as a
stipulation.
Ms. McPherson suggested making note of the concern. She will
talk with Ms. Dacy, Mr. Zylla and the petitioner, and schedule
the ordinance publication accordingly. A formal public hearing
still needs to be established before the City Council. At their
meetinq of November 13, the Council would establish a public
hearing for November 27. The first reading of the ordinance
would not occur until December and the second reading in January.
Officially, the publication of the ordinance would not occur
until perhaps the second week in January which should give the
petitioner ample time to resolve the issues regarding closing.
Mr. Zylla stated they will be closing or the petitioner will be
escrowing funds in anticipation of starting some of the work such
as footings and foundation or providing some assurance that he
will close. He does not see a problem in putting on a condition
that approval is subject to closing.
Mr. Quam asked for an explanation of the process and a review of
the dates.
Mr. Ne�aman reviewed the process in detail, the date for
establishing a public hearing and the date of the actual public
hearing.
Mr. Quam stated he was here to object. He sees two variance
requests for this. If the Commission were to recommend approval,
he would hope that it would be contingent upon the setback of the
project. Several of us in Melody Manor who live right across the
street would spend the rest of our lives looking at this. All
the properties along 73rd Avenue were developed with a qood
setback and with ample screening, and this property is not.
Mr. Newman asked staff if the variances would be heard by the
City Council at the same time.
Ms. McPherson stated the variance does not require a public
hearing before the Council. If the Council is looking at an item
and there are people present who wish to speak at the meeting,
this would probably not occur until the December meeting.
Assuming staff recommends approval of an ordinance to vacate this
easement, then the variance would be brought before the Council
at that time. Only one variance has been requested which will be
considered by the Appeals Commission on November 7.
PLANNINa COMMI88ION MEETING. NOVEMBER 1. 1995 PAGE 5
Mr. Allen stated he was the developer of this property. There is
a variance requested for the truck side facing Northco Drive. It
is a rather unique ordinance in the City in considering that side
of the building the front drive. Because of the calculations on
square footage and distance, they probably need a variance to
make sure they are safe in that regard. They have screened the
trucks from 73rd. With regard to the vacation of the storm
sewer, they are proposing to vacate the easement that goes under
the building currently. They are proposing to take the water
that comes off of the public street through a pond, through a
second pond, and then to the storm water system. From the
standpoint of water quality, he felt they were doing something
that does not currently exist and enhancinq the quality of the
water going into the retention area.
Mr. Allen stated the building complies with the setback
requirements. It complies with every aspect of the development
that was signed with the City of Fridley and Northco Development.
The only variance being requested is for the truck dock area.
They intend to keep the trucks in the back of the building. They
are trying to project a first class campus image and attract good
tenants. They do a good job with landscaping and berming. They
have similar projects in the area for which they are willing to
�'`, provide addresses. They are very conscientious of the residents
and will work with residents.
Mr. Holman stated he had concerns about the width of the berm and
the bike path.
Mr. Allen stated, because these were not part of the discussion
for the vacation request, he would respond to Mr. Holman's
questions at a later time.
MOTION by Mr. Saba, seconded by Ms. Savage, to recommend approval
of a Vacation Request, SAV #95-05, by Industrial Equities, to
vacate those particular 20.00 foot drainage and utility easements
originally dedicated on the recorded plats of Northco Business
Park and Northco Business Park 2nd Addition and now to be vacated
which lie within Lots 1 and 2, Block 1, in said Northco business
Park and Lot 2, Block 1, said Northco Business Park 2nd Addition
and lying southerly of the northerly 20.00 feet of said lots.
The centerline of said 20.00 foat easement is described as
follows:. Commencing at the most southerly corner of said Lot 1;
thence northwesterly, along the southwesterly line of said Lot 1,
a distance of 62.51 feet, to the intersection with the westerly
line of said Lot 1(said intersection hereinafter referred to as
"Point A"); thence southeasterly, along a line passing through a
point on a southeasterly line of said Lot 2, Block 1, Northco
,--� Business Park distant 29.00 feet southwesterly from said most
southerly corner, a distance of 85.00 feet, to the point of
° beginning of the centerline to be described; thence
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PLANNIN(3 COMMISSION MEETIN(�� NOVEMHER 1. 1995 PAGE b
northwesterly, a distance of 85.00 feet, to the above referenced
"Point A"; thence northerly, along the westerly line of said Lot
1, a distance of 379.40 feet and said centerline there
terminating, generally located at the southwest corner of 73rd
Avenue and Northco Drive, with the following stipulations:
1. The petitioner shall maintain the storm water drainage
system from the manhole located in the southeast corner of
the parking lot and the outlet located at the intersection
of 73rd Avenue and the East University Avenue Service Road.
2. The petitioner shall execute and record aqainst the property
a storm water pond maintenance agreement.
IIPON A VOICB VOTE, ALL VOTIIJ(i AYT, CSAIRPER80N NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIIBLY.
Mr. Newman stated the Appeals Commission would address the issue
of a variance request on November 7; and the City Council will
conduct a public hearing on the vacation request on November 27.
2. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION
MEETING OF SEPTEMBER 11. 1995
OTION by Mr. Kondrick, seconded by Ms. Modig, to receive the
minutes of the Parks and Recreation Commission meeting of
September 11, 1995.
IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
ADJOURNMENT
MOTION by Mr. Rondrick, seconded by Mr. Saba, to adjourn the
meeting.
IIPON A VOICL VOTE, ALL VOTIN(,i AYF,
THE MOTION CARRIED AND THE NOVEIKBER
MEETINa ADJOIIRNED AT 7s55 P.M.
Respectfully submitted,
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Lavonn Cooper
Recording Secretary
CHAIRPERSON NEWMAN DECLARED
1, 1995, PLANNINa COI�IIrII88ION
8 I G N— IN S H E E T
�^� PLANNING COMMISSION.MEETING, Wednesday, November 1, 1995 ,
� Name Address/Business �
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