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PL 01/03/1996 - 7064,. .;�, : �-�� � �m _ � . ( "�' d�, .. ,w� � . N.�" - " f � 'i y � _ s��� ` . . -�.. . � f.-... , � : . , _ ` � � � � .� . � . , 'a „_ �.. � - _ N �� � � rR i$� 1 �� . c�; - � a A_ �, az - ' �"�, '���_ � - � `t: _ �` - + �,. - a _ ,£ r > � - � � f ��Y � w � � U .�,P. '`� .t � y �. J �. .' , ' I "' ' ` .. „� .�.:: : .�� , � . � : .� . � .x. . , <.: r. t . � _ �`: S. _ � i>,•. =;'X � � �.:: � � `:,�' - t �� ,:� ° �, � v�•i3 - �* . $ � K � � � � v ', -^� ,.. L' _ _ , �. ' � . ,: �. . -. .. , . .s � `: .., ,$ � 2��, _ t,, � _, e � � �, . _ '� . �ei y `,„ �' � � gY . � _ � 5 • � • ,� ., .:, � :. �'... i _ _ i ; �� �.. i ' � ' .� � -.'� - S'� -Y l ' �"i*+- i�, �p 1.-. _ - �: .�, ; . �. _ k��H r , � � ;� `. a` - 3 . �.. .,. i' i". .a S _ �f � - �,.. c�. 4. _ 4: . � .. . .. . _ . � F _ � . � , va . _ ,-. r� c r , ._ � . ' .:: .. � � .. -. s , .T.? . _ _ - � �} _ `i x . C � � ? � �-, � - ` • _ . . r '�c \ . ' . ., .r, , . _ . � 5 � < � , . : . � " ' : x. . . ,� . � � .t , _, _ Y . � � , . ., � , - � '- : < ' y �... CITY OF FRIDLEY � AGENDA PLANNINC COMMISSION MEETING WEDNESDAY, JANUARY 3, 1996 7:30 P.M. LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL T(� ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MEETING MINUTES: December 20, 1995 PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #95-1�1 BY NORTH COUNTRY COLLECTIBLES: Per Section 205.17.01.C.(3) of the Fridley City Code, to allow retail uses within industrial buildings on Lot 2, Block 1, Central Vew Manor 3rd Addition, generally located at 1175 - 73 1/2 Avenue N.E. AND �"� PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #95-12 BY D.V.L. TRANSPORT. INC.: Per Section 205.17.01.C.(9) of the Fridley City Code, to allow repair garages within industr�al buildings on Lot 2, Block 1, Central �ew Manor 3rd Addition, generally located at 1175 - 73 1/2 Avenue N.E. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF DECEMBER 7. 1995 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF DECEMBER 19. 1995 OTHER BUSINESS: ADJOURNMENT � C � � /�`� CITY OF FRIDLEY PLANNING COMMISSION MEETINt3, DECEMBER 20� 1995 CALL TO ORDER• Chairperson Newman called the December 20, 1995, Planning Commission meeting to order at 7:35 p.m. ROLL CALL• Members Present: Members Absent: Dave Newman, LeRoy Oquist, Brad Sielaff, Connie Modig Dave Kondrick, Diane Savage, Dean Saba Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Michael Boldenow, BWBR Architects Byron Bruns, Unity Hospital Pam Lipa, 7527 Lyric I�ne APPROVAL OF AGENDA: MOTION by Mr. Oquist, seconded by Ms. Modig, to approve the agenda. IIPON A VOICE VOTB, ALL QOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRILD IINANIMOIISLY. APPROVAL OF NOVEMBER 1 1995 PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Ms. Modig, to approve the November 1, 1995, Planning Commission minutes as written. IIPON A f10ICE �OTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. l. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #95-10. BY BWBR ARCIiITECTS FOR UNITY HOSPITAL: Per Section 205.07.O1.C.(8) of the Fridley City Code, to allow expansion of a hospital in an R-1, Single Family Dwelling district, generally located at 550 Osborne Road N.E. MOTION by Ms. Modig, 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, CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIHLIC HEARING OPEN AT 7s38 P.M. Ms. McPherson stated the special use permit is being requested by PLANNING COMMISSION MEETING, DECEMBER 20. 1995 PA E 2 Unity Hospital, who is being represented by BWBR Architects. The request is to allow expansion of a hospital in an R-1, Single Family Dwelling, district. The subject property is located at 550 Osborne Road with Osborne Road to the north, Madison Street to the east, and Lyric Lane along the rear of the property. The petitioner is proposing a minor expansion to the hospital which will increase the square footage by 3,750 square feet. Ms. McPherson stated the area of expansion is along the front of the existing facility. There are currently three canopies along the front of the hospital with a road currently connecting the canopies. That road would be reconfigured to direct traffic from the westerly canopy to the north toward the larger parking area and another entrance would be created by the canopy to the east. Ms. McPherson stated the purpose of the expansion is to� consolidate internal spaces within the hospital. An Ambulatory Care Unit will be created. This unit is for patients having minor procedures with a typical stay between two and twelve hours. The two pharmacies will be combined into one, and the Radiology Department will also be reconfigured. Ms. McPherson stated there is no adverse impact to the site in terms of setback requirements. The proposed addition is well away from the adjacent residential district south of Lyric Lane. The net change in parking will be a net loss of six spaces. Staff recommends a stipulation reserving the right to require additional spaces if demand would warrant. The uses that are currently planned for the expansion are uses currently going on in the hospital. No additional increase in the number of patients is proposed. There may be a time in the future when patient demand may require additional parking. Ms. McPherson stated staff recommends approval of the special use permit with the following stipulation: 1. The City reserves the right to require additional parking spaces should the need warrant it. Mr. Newman asked if the hospital was currently over the required minimum parking spaces. Ms. McPherson stated this is difficult to calculate. There are parking standards for hospital use; however, they are pretty stringent. If anything, the hospital is probably under the requirements if one were to calculate the gross square footage of the hospital. However, there does not appear to be a parking problem. i � � � Mr. Newman asked the location of the current parking spaces that ,� ,.�.� PLANNING COMMISSION MEETING, DECEMBER 20, 1995 PAGE 3 would be eliminated. Ms. McPherson stated the spaces are generally located on either side of the center canopy. Mr. Boldenow stated he had no additional information regarding the proposed expansion. Regarding the parking; there are two handicap spaces which will be relocated. The loss of six spaces are not handicap spaces. Mr. Sielaff asked if there was a guideline for the number of spaces needed. Is IInity in compliance? Ms. McPherson stated the guideline is one space for every 50 spaces provided on site. She had not calculated the number of spaces. She can do that before the City Council meeting. There was not a concern during the last expansion. There are ordinance requirements. � Mr. Boldenow stated no additional patients are expected. Basically, this is a reorganization and the focus is the current directian i.n medical care to shorten the patient stay. ��, Ms. Lipa stated she lived in the residential area behind the haspital and was also a hospital employee. Regarding the stipulation, she asked how the need is determined. She feels the parking is cramped. People are parking on Madison Street where the ambulances come in and out. At the change of shift, it is a hassle there. Ms. Lipa stated her other concern is that she would like some assurances that the construction debris is kept up. When putting on the surgery addition, the garbage was kept well until the end when the they seemed to lose control and she ended up with tarpaper and insulation on her lawn. Mr. Sielaff asked Ms. I,ipa if she thought parking was a problem on Madison Street because people prefer to park there. Ms. Lipa stated there are several things. There is not enough parking. Also, the clinic shares parking with the hospital out front. With the clinic patient parking there, it adds to the problem. It is also easier to get in and out there. She thought that needed to be considered. Mr. Newman asked if there was anything they could do as far as the refuse during the construction process. � Ms. McPherson stated, for the last special use permitting process in 1993, they did have a stipulation which said they needed to PLANNING COMMISSION MEETING DECEMBER 20 1995 PAG$ 4 have a construction management plan to address the care of keeping the debris contained and building materials covered. She was not aware there was a concern with trash. Staff can enforce that through the building inspection division. If there is a concern by the residents, a phone call to city hall would suffice. The city depends on the residents to be their eyes on the street. Staff cannot be on site at all times. There is also a trust situation with the petitioner. Mr. Newman asked if the ordinance could be enforced. Ms. McPherson stated staff can require the petitioner to maintain a clean construction site. She was sure the uniform building code had a section concerning building debris and trash. Mr. Newman stated he did not want unnecessary stipulati�ns. While we all have the best of intentions, there may be a subcontractor who does not care. If the city has an ordinance, it seems the best solution is to depend on the residents to call if there is a problem. Ms. McPherson stated, during the last construction, calls may have gone to the building inspection division of which she was not aware. Through this discussion that this is an issue, she will tell the inspection division so they can monitor the situation. Residents can contact the Chief Building Inspector, Ron Julkowski, at 572-3602, or the Code Enforcement Officer, Kurt Schneider, at 572-3595. Ms. Lipa stated the contractor was very good during most of the project. It was just at the end. Mr. Bruns stated he was the construction manager for Mercy and Unity hospitals. During the last project, he made sure the site was kept clean. They had a lot of comments that the site was kept very clean. If there is a problem, he can be contacted at 780-6924. He is on site during the construction at all time. He will make sure the site stays clean. Mr. Hickok stated staff would notify Mr. Schneider and Mr. Julkowski that this was a concern that they can coordinate with Mr. Bruns. There were no further comments from the public. MOTION by Mr. Oquist, seconded by Ms. Modig, to close the public hearing. • � Y � IIPON A VOICE VOTE, ALL pOTING AYF, CHAIRPERSON NEWMAN DECLARED /"'� THE MOTION CARRIED AND THE pQBLiC HEARING CLOSED AT 7250 P.M. � PLANNING COMMISBION MEETING, DECEMBER 20. 1995 PAGE_5 Mr. Sielaff stated his only concern was that he was not sure if the traffic was a major issue or not. He believed there must be some way to enforce the recommendation. He is comfortable with staff coming up with a way to do that. Ms. Lipa did have a valid point is asking how staff would determine is additional parking is warranted. Other than that, he had no problem with the request. Mr. Newman stated his first reaction before the public hearing was not to have the stipulation. He assumed the hospital was over the requirements. After the hearing, he is inclined not to go through with that. Mr. Hickok stated his observation has been that there seems to be parking stalls away from the hospital that appear to be available. Madison Street in close proximity to the hospital makes it more convenient than the outer areas of the parking lot. If after construction the parking is full, staff can look at additional parking strategies. Mr. Newman stated, at the time of the surqery construction, they discussed the issue of parking. He asked if they had talked r--� about limiting parking on the street. Ms. McPherson stated that is an option. The mailing list for sending out the meeting notice was very lengthy. Of all the notices sent out, Ms. Lipa is the first to comment and this is the first she has heard about traffic on Madison Street. The City could choose to sign Madison Street as "No Parking" on both sides if there were enough complaints generated by the residents. The City could also limit the hours of parking, etc. Mr. Newman stated Unity Hospital has been a great community citizen and he is grateful for their contributions. He does not want to act on one comment. He would like to see the petitioner work in concert with staff and the community to come up with a plan. Ms. McPherson stated staff also needs to look at the clinic and the convalescent home parking as well. Several years ago, there was discussion about traffic which seemed to be more toward the rear of the building. Staff will work with residents and the hospital to come up with a solution. Mr. Newman stated this just needs to be monitored at this time. Mr. Sielaff suggested the stipulation be modified for staff to do some monitoring of the traffic situation and to make a �� determination if action is warranted. PLANNING COMMISSION MEETING DECBMBER 20 1995 PAGE 6 MOTION by Mr. Sielaff, seconded by Mr. Oquist, to allow expansion of a hospital in an R-1, Single Family Dwelling, district generally located at 550 Osborne Road N.E. with the following stipulation: 1. The City will monitor the parking and traffic situation and determine if additional parking spaces are warranted. If needed, staff will work with Unity Hospital in addressing the need. IIPON A YOICB YOTE, ALL VOTIN(3 AYE� CHAIRPERSON NEWMAN DECLARED T8E MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would consider this request on January 8, 1996. 2. APPROVE 1996 MEETING DATES MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve the 1996 meeting dates as follows: January 3 January 17 February 7 February 21 March 6 March 20 April 3 April 17 May 1 May 15 June 5 June 19 July 10 July 24 August 7 August 21 September 4 September 18 October 2 October 16 November 6 November 20 December 4 DeCember 18 IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NfEWMAN DECLARBD THE MOTION CARRIED IINANIMOIIBLY. 3. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERGY COMMISSION MEETING OF OCTOBER 17 1995 MOTION by Mr. Sielaff, seconded by Ms. Modig, to receive the minutes of the Environmental Quality & Energy Commission meeting of October 17, 1995. IIPON A VOICE VOTE, ALI, pOTING AYE� CHAIRPER80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF OCTOBER 24. 1995 � � � � il b � PLANNING COMMISSION MEETING DECEMBER 20 1995 PAG$ 7 MOTION.by Mr. Oquist, seconded by Ms. Modig, to receive the minutes of the Appeals Commission of October 24, 1995. IIPON A VOICL oOTE, ALL VOTINt3 AYE� CHAIRPERSON NEWMAN DECLARED THS MOTION CARRIED IINANIMOIISLY. 5. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF NOVEMBER 6. 1995 MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the minutes of the Parks & Recreation Commission meeting of November 6, 1995. IIPON A VOICL VOTE, AI,L VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 6. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF NOVEMBER 7, 1995 MOTION by Mr. Oquist, seconded by Ms. Modig, to receive the minutes of the Appeals Commission meeting of November 7, 1995. � IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED T8E MOTION CARRIED IINANIMOIISLY. 7. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF NOVEMBER 9. 1995 MOTION by Mr. Sielaff, seconded by Ms. Modig, to receive 'the minutes of the Housing & Redeve�.opment Authority meeting of November 9, 1995. QPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON r�TEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 8. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF. NOVEMBER 21, 1995 MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the minutes of the Appeals Commission meeting of November 2i, 1995. IIPON A VOICB VOTE� ALL oOTING AYE� CHAIRPERSON rIEWMAI�T DECLARED THE MOTION CARRIED ITNANIMOIISLY. ADJOURNMENT MOTION by Mr. Oquist, seconded by Mr. Sielaff, to adjourn the meeting. �"'� IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON i�IEWMAN DECLARED PLANNING COMMISSION MEETING DECEMBER 20 1995 PAGE 8 � THE MOTION CARRIED AND THE DECEMBER 20, 1995, PLANNING COMMIBSION MEETING ADJOIIRNED AT 8:00 P.M. Respectfully submitted, ��� Lavonn Cooper � Recording Secretary � n � O S I G N— IN S H E E T �� PLANNING COMMISSION.MEETING, Wednesday, December 20, 1995 . Name Address/Business � .. ti" � �Z/�"�- �.��- r-�'�i�� G,� /I u.-•-' ,vi � . �-- � _ c-_-� - ��-. �7� ) � 1 � � ! G l--n��� _ I" ,� i ���%Q �J , �''� _ , DESCRIPTION OF REQIIEST: 5P #95 li, North Country Collectibles This special use permit request is to allow retail sales not associated with a principal use in the M-1, Light Industrial District. SP #95-12 DVL Tr'a-r►-�Port This special use permit request is to a�low truck repa.ir in the M-1, Light Industrial District. SIINIlKARY OF IBSUES: / North Country Collectibles is a retail operation that has begun aperation within this Light Industrial complex. Code Section 205.17.oi.t3)• States, Coamaercial retail, service uses and Class II restaurants within office and/or indus�rial buildings, incluh to those with drive-through components, such as banks, cleaners, p shops, fast food restaurants, and similar uses r�a�ll� � t �e �use f� a special use permit on an individual basis, p meet specific criteria. DVL Trans�rt is a full-service tractorjtrailer repair operation that has begun operation withi.n this Light Industrial complex. Code Section 205.17.01.(9), states, "Repair Garaqes" are Permi�� by special use permit. gECpNIl�lENDED ACTION3: Staff reconmonends approval of SP #95-11 with 9 stipulations (see attached report) . Staff recommends approval of SP �95-12 with 14 stipulations (see attached report) . Petition For: Location of Property: Legal Description of Propertp: Size: Topoqraphp: �istinq vegetation: Esistinq Zoninq/Platting: Availability of Muni.cipal IItilities: Vehicular Access: Pedestrian Access: Enqineerinq Issues: Site Planninq Issues: Property History a P R O J E C T D E T A I L S Special use permit to allow 1) retail sales, and 2) truck repair in the M-1, Light Industrial District 1175, 1177 - 73 1/2 Avenue N.E. Lot 2, Block 1, Central View Manor 3rd Addition 1.4 acres Flat New landscaping (1994), some older trees along 73 1/2 Ave. Central View Manor 3rd Addition, 1994; zoned M-1, Light Industrial (part of it recently rezoned from C-3, General Shoppi.ng Center District) connectea 73 1/2 Avenue N/A None DEVELOPMEN'I' SITE � On April 4, 1994, the Fridley City Council held a public heari.ng to consider a plat and a rezoning request that would change the zoning of Lot 3, Block 1, Central View Manor, Second Addition from C-3 to M-l. The actions would allow development of this site as a office/warehouse complex. The multi-tenant concept was briefly discussed during the Planning Co�ission's public hearing. At the City Council's public hearing, a member of the Council asked about the volume of traffic anticipated from this development. Mr. Lund stated, "[He] did not believe traffic would be an �� 2 �-�ssue, as it would involve mostly their employees comi.ng to work in the r�rning and then going out on various jobs that are contracted". The petitioner did not discuss the multi-tenant concept at the City Council hearing. In July 1994 the property was final platted, a portion was officially rezoned, and a 15 foot drainage and utility easement was vacated to acco�oomdodate development. During that same year, building construction began. Today there are four tenants lacated in the building: Rite-Way Mobile Home Repair, Inc. (14� af building space), DVL Transport {21� of building spacej, North Country Collectibles (12� of building space), and Surface Solutions (19� of buildi.ng space). Approximately 4400 square feet, or 34� of the buildi.ng space remains vacant. The North Country Collectibles special use permit request is after-the-fact. The store does currently exist. Analysis SP #95-11 North Country Collectibles _ This special use pernait request is to allow retail sales not associated with a principal use in the M-1, LY.ght Industrial District. Code Seation 205.17.01.(3). States, Commercial retail, service uses and Class II restaurants within office and/or industrial buildings, including those with drive-through components, such as banks, cleaners, photo shops, fast food restaurants, and similar uses shall be considered for a special �e permit on an individual basis, provided that: (a) The maximum gross floor area occupied by such uses, and other commercial issues, as permitted by special use permit, shall not exceed 30 pexcent of the buildings total fl�r area with no such individual tenant exceeding 5,000 square feet; PROPOSAL: North Country ColleCtibles 3s a reta3l colieatible merchandise store that currently esists at tbis address. The store consumes 1614 s.f. of the 13,000 s.f. industrial buildinq. This square foot dimension represents 12% of the overall buildi.ng and falls within an acceptable ranqe (�o - 300) as defined by Code. (b) The parking supply shall Section 205.17.5 of the City occupancy of the building; Industrial parkinq formulas * office use 1 * retail use 1 * manufacturinq i * warehouse 1 * speculative (q=eater than 1 1/2 aare site) 1 � be in compliance with the requirements of Code and be sufficient to sup�rt full (205.17.5) cover the followinq spectrt�: space: 250 s.f. of office space: 150 s.f. of retail space: 40o s.f. of mfq. space space: 2,000 s.f. of warehouse space: 500 a.f. of floor area 3 * Sp@C1118t1V0 (less than 1 1/2 acre site) 1 space: 700 s.f. of floor area PROFOBAL: Because this industrial site is less than 1 1/2 acres, the speculative parkinq ratio of i parkinq stall per 70o s.f. of �loor area was used. A total of 19 parkinq spaces were required. The developer did supply i9 parking spaoes plus 2 handicap stalis. A typical i:is0 retail requirement would prescribe 11 parkinq stalls for the 1614 s.f. Country Collectibles, retail use in thie buildinq. Staff evaluated the current miu of all uses and estrapolated the percentaqe af mised usea into the unoccupied space as well. Based on park3.ng requirementa bp apecifio use, the followinq numbers should be considered: * office use (21� of buildinq) 2,730 s.f. 2,730/250 = 11 stalls * manufacturinq (50� of buildinq) 6,500 s.f. 6,500/400 = 16 st$lls * warehouse (l0a of buildinq) 1,300 s.f 1,300/2000 = 1 stall * retail (19� of buil�inq) 1614 s.f. 1,614/150 = 11 stalls ----------------------------------------------------- projected parkinq demand based on current mig of uses 39 atalls This analysis revealed that the occupancy trend withi.n this building will lead to an eventual shortage of 18 parking stalls. Obviously, the "speculative parking ratio" anticipates a much higher percentage of warehouse in a mixed industrial building such as this. If the 4400 s.f. of unoccupied space were to become warehouse space, there would not be as great a demand for parking stalls. Even so, the site would have a deficiency of 11 parking stalls. (c) Only wall mounted signs, subject to the limitations of Section 214 of the City Code, shall be germitted; PROPOSAL: In 1995 the City Council approved a comprehensive for this buildinq. All siqns must meet the criteria of the comprehensive siqn plan approved by the City Council and all aspects of the City Sign Code. siqn plan other (d) The proposed use shall only be permitted when it can be demonstrated that their operation will not generate levels of traffic which reduce "The Existing Level of Service", as defined by the Institute of Traffic Engineers, on streets at intersections; � i`� 4 �., pROPOBAL: The proposed use will have a neqliqible impact on the level of service on 73 1/2 Avenue. This determination was made tiirough the utilization of traffic qeneration numbers given by the =nstitute of Traffic Enqineers (iTE) for a retail space and a miged use buildinq of this type and eize. (e) The pro�sed use, in the opinion of the City Council, would be compatible with the area in which it is proposed to be located; PROPOSAL: Throuqh the zoninq review process and eventual desiqnation assigned to this property, it was determined that limited retail would be acceptable. 8taff believes that if all applicable stipulations of the speaial use permit are observed and if less than 30� of this buildinqa floor area is retail, aompatibility of this amount of retail will not be an i.ssue. (f) The building owner and/or agent shall be responsible for informing any pros�ctive tenant that the property is zoned for industrial use. pROPOSAL: Owner/aqent shall concede. RECONII�NDATION: Staff reco�ends approval of SP �95-11 with the following stipulations: 1. Owner shall provide adequate parking on-site for uses within the building. If parking demand exceeds parking accomm�odations, a modification of the rear parki.ng/storage area may be required. � . Any new lighting associated with this use shall be downcast security/safety lighting and shail not exceed a footcandle measurement deemed appropriate, by city staff, for the specific location. 3. The complet�l/approved (Riteway) site plan including all code required elements such as: concrete or asphalt parking surfaces, B6-18 curbing around the perimeter of all parking surfaces, screening walls or fences, specific landscape plant materials, plant locations, and irrigation for the front and side yards shall be adhered to with any modification requiring review and approval by City Staff. 4. 5. 6. 7. � No outd�r portion of this M-1 property shall be utilized for display or sales. Drive aisles shall be provided and kept free of vehicles to allow circulation and aacess for police and emergency vehicles. Deliveries to the retail opera.tion shall, be done in a manner that does not disrupt parki.ng or entrance to other businesses within this complex. All signs shall be consistant with the comprehensive building sign plan approved by the City Council. 5 8. All e.�tisting non-compliant signs shall be removed from the site and /'� shall be replaced by proper signage within 45 days of final City � Council approval of this special use permit. . 9. Owner shall provide information about 30o maximum retail to present and future retailers in comple�c so that they are aware of the limited expansion potential for retail within the building. Analvsis- SP #95-12, DVL Transport This special use permit request is to allow truck repair i.n the M-1, Light Industrial District. Rebair Service Historv• In early December,1994, John Lund requested consideration of a special use permit to allow a repair garage in a portion of the building at 1175 - 73 1/2 Avenue. The special use �*-m;t would allow the petitioner to open an automotive service operation at this location. Later that month Mr. Lund requested that the application be withdrawn. Subsequent to the withdrawal of John Ia�nd's special use pernait request for motor vehicle repair, DVL Transport moved to this location. The request for a special use permit is after-the-fact. DVL's name may lead one to believe this operation is a transport terminal, which would not be � appropriate in this district. Staff's understanding of this operation is that it is a"full-service tractor/trailer repair operation". At the time that John Lund's request for withdrawal came, staff had already evaluated the request and determined what stipulations would be appropriate for a use such as this. Those stipulations were designed to mitigate impacts that are typical of a vehicle repair operation. Those stipulations also would apply to the current DVL operation. The stipulations are part of the recommendation that follows. Code Section 205.17.01.(9), states, "Repair Garages" are p�rmitted by special use permit. REC:OI�Il�ENDATION: Staff recommends approval of SP #95-12 with the following stipulations: 1. Motor vehicles stored outside shall not exceed 15' in height; 2. Screeni.ng materials are provided as i.n Section 205.17.06.G(1)(aj; 3. Motor vehicle storage is conducted as provided in Section 205.17.07.D (5) ; 4. Lighting associated with storage shall be downcast security/safety lighting and shall not exceed a footcandle measurement deemed appropriate, by city staff, for the specific location. �� � . , � The completed/approv� (Riteway) site plan including all code requirezl eleanents such as: concrete or asphalt parking surfaces, B6-18 curbing around the perimeter of all parking surfaces, screening walls or fences, sgecific landscape plant materials, plant locations, and irrigation for the front and side yards shall be adhered to with any modification requiring review and approval by City Staff. 6. 7. No outdoor �rtion of this M-1 property shall be utilized for display or sales. Drive aisles shall be provided and kept free of vehicles to allow circulation and access for police and emergency vehicles. 8. No junk or inoperable vehicles shall be stored on site. 9. All screening fence installations shall meet the minimum building setbaak requirements from any street property lines. 10. All signs sha.11 be consistant with the comprehensive building sign plan approved by the City Council. 11. All existing non-compliant signs shall be removed from the site and shall be replaced by proper signage within 45 days of final City Council approval of this special use perm:it. 12. No outdoor repair of motorized or non motorized vehicles shall be �'°� permitted. 13. All existing outdoor storage shall be mov� to hard-surfaced parking area, stored ind�rs, or removed from site completely. 14. The rear area screeni.ng gate shall be kept closed to provide adequate screening between storage area and the public right-of-way. WEST• SOUTH• EAST: NORTH: Comprehensive Planninq Issues: Public Hearinq Comments: �, AU7ACENT SITES IIndeveloped, C-3, General Shopping Center Property 73 1/2 Avenue and developed, M-1, Light Industrial Property Central Auto, M-1, Light Industrial Property Tam's Rice Bowl, C-3, General Shoppi.ng Center Property R-2, Residential, Park Plaza, I�Iobile Home Court The site is guided "Coamaercial" on the Comprehensive Plan To be taken 7 SP ��95-11 and SP ��95-]Z �_ _' Special Use Permit Requests SP #95-11 & SP #95-12 LOCAT� O N MAP a� � � a� � c� a-. � A a� � SP ��95-11 and SP ��95-12 T LOCATION ilAAP ,A � � Z � _ 4�� � c� o� z 1 t� ' 'v � 3 � � � `" f 3 % M �, C � _ � � �� �- � �;. � I �-,�M�` `. t'`°- g I � � ' _ ♦ �__ �r . . � � . � �:'� �� ' ' ' �I•I:S�7 � '� ����0000� � ������ ����t�� �!'� ;,„ 1 • � r � � � � � ;��. � �� �j , I I�Q � ��10 � - �tai:�a.yin�� - �� �....,.. ��rr.•�■ ■W �,��. ■��r�• C , , , ' ■P:.L�.i ^ ' �� ■►'IO�■ � ■�r���. �� ��f•�1R/P� ' i+�� �������� � � I'`�.I�I'I'/Ir I •rrr� i����r �/I��7�I ■ ■�r■ ■ �� � ���uu�.■ , � �������� �1� � � �� �� � _ �,���Y�/- - �y � �yCi�f� �� � �-•-• � � � . . � ... �_1•e�•,a .•. �_• z � • • • . • � • ,: , RQp�. . .�. � . : . • . . .�. ' � i� ' � ' � � LL , • ' � • ` • � � � i� � ��~ ��� t ♦ ��� lllii f R . � � , � � � DISTRICT �EGEND 11-t ONF FAMILY DWG'8 ❑ Y-1 LIGNT iNOtl8TR1AL � R-f TMO RAMILt DWO'8 � M-2 H8AV1'INOUBTNIAL � R-3 OEN. YULTIPLE OW3'8 � PUO PLANNHO UNIT OEV. Q A-4 pOBILE HOME PARK � g-� NYOE PABK MEIONBORq000 ❑ '/'��� I PUBUC FACILITtE9 0 S-Z AEOEYHLpPyENT OISTRICT � �`� C-1 LOC11� BUSINE88 � O-/ CPFEK i qIyEN PREBHRYATION � C'2 6ENEqA� BUSINFSS � O-2 C8ITICAL ANEA � C-1 OENEH4L BHOPPINO � C-111 6ENERA� OFFICE � YACATEO 87REET8 ,� ZONING M�4P` �.,..M.�. -- � e;oea� ' �tPF�ii .n.�+_.:hr. _�w � � ...� — — — ��i 8�0H �Q�� � � �... ------ .��� ,... � ���—�.I� '°° ------ �, �a� p � A �� � � � ���� °�„ �E� � ���� � `" �� �� � ��S�IYM � a � � 1 � ��� � � �� �! � � �� �� � �� ��� �!� ����� � �l I�I �'- �,III �s-�� : - � -� _� , {�i' � �,. SP �95-11 and : SP ��5-12 r L Y7 t r r � � S �ssa j d � w .. w � � � 9 �� ° i�9� � E � . ., �� � ! � ` � � � — — — � _ _ L_ 1 ��.w.a � �C 1 ` _ ` � � � ` ..' ` � � � � � � ♦ I 1 � � • � � i I �` �\ /f � I i�� � � \� � � � � \ / � I I I� �� / ' I 1 (��i �l� i i � � rrrr��� >,���,��,� f ��` J ' I i / '���aowi�d � �� � � ♦ \ � � � � �� � � � a � ; f � � j � , 1 � �i \ e �� , ` � � # � � � r\ _ � � �� �\ I� � � _ � __ ,� �a�� � �— — — � � � � � � I �1 r �' � ( :� I � •.� b „ ., L I �. � I I I �� I � I* � ! . , i I ' � .. . - � �v� �'T�'�us� 0 � -��c; �v�kGE�` SownoNs ,a: �;�,,, .�: �r ; ��:�:. � . PROPOSEO` BU�ILDING 13,000 S.F. j ��M °� �=x�:,:. �:�R� h�� ; � : � . / ' . _ ��� ��• * J, �"d'J� _. � �` �1/rCl . �:��-. ��. a- �' +�y, . _ .. .� � � �..;� �°vr'+.�1 YX '�'��W.���V . �� � r: ���- �'� r �. , � ���: � : = 1 . � - � �� y � __.,w. �'�"�� �i'�^�rSZG� �F .+„' v-.n'..a �k :�x ��� ; 3 ; . �r � r �'S. L� � �?l�Y � i_ .'� •�'�' ' � �. . _ � :��' 1 SP ��95-11 SP ��95-12 and F.�t�rY � � �'4�0 �Q Frl � ,i . � � �� I ' . ,cn co � �� � � � . � �� ` � �. � � .4 . =� : +d� � �-. . � .:'� � :.�.( ; � � k �` � �:�{r & ��,�(�• y.� i,�- . : � s& ,a ,�,� �� - �:'„"4'k{ � �N.v._ 1� k�.(t �: ,�' E �d . } yf a� �" �a�" -� ,� � .F �� � . �. �5'I (:� � \�'F#y' � „�.`"i7. : r � . � �*v�fi'�' '�x g .�, r ,.� � ,s . s � ,�^°v .�«L � :t.ci�,� .._ v ;�s,, °r w �n-�._ . , 1 i� - ��r_ . . —� :. . . _ . . . � ;;;,� � -� �;�:�<< :;�v�; ;;s�: �t:; ;.::�,... +_:y, :'i' f. _�' „)a : '�-n:,'iPJ; . `.r.; , :�:: ^�,'�' _ ' i.'. '�i^�1 �.� . �: } � Sfl0 �� A-1�' ..��}��� `'.�. . P. ;Y'`N:: ��'. ..:'sY.' ',jy'.: . . 14 :i � � �w� ' . . 4� �y*'�,' . . ;^�j�'. �! ii �' ` "C< ,S'a`,' . ',� .� �:'''�`� � � I ' � F.�:U � ` � , � � \�'.-.;.,�,`_: , 0 � � � /�'' 1� } % 7 � 1�?rl1���� �.�'%v CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 9, 1994 ____..-----------------------------------------------------.._ �_ CALL TO ORDER• Chairperson Newman called the March 9, 1994, meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Dave Newman, Dave Ko Connie Modig, Brad S Diane Savage Commission k, Dean Saba, f, LeRoy oquist Others Present: Barbara Dac , Community Development Director Michele M erson, Planning Assistant Steve W dley, Wal-Mart Chri amlin, Wal-Mart Sc t Lund, Rite-Way Mobiie iIome Repair, Inc. yce Trebisovsky, Park Plaza Delores DeMars, Park Plaza MOTION Mr. Saba, seconded by Mr. Kondrick, to approve the Janua 12, 1994, Planning Commission minutes as written. II N A VOICE VOTE, ALL VOTING AYE� CHAIRPERSaN NEAMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. l. PUBLIC HEARING CONSIDERATION OF A PRELIMINARY PLAT RE U� P.S. 94-01 BY SCOTT LIIND OF RITE-WAY MOBILE HOME REPAIR. To split the East 180 feet of Lot 3, Block l, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9, Block 1, Central View Manor, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND TAE PQBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated that since the petitioner, Scott Lund, was not yet present, it might be appropriate to continue discussion on P.S. #94-01 and ZOA #94-01 until later in the meeting. MOTION by Mr. Saba, seconded by Mr. Kondrick, to continue the �=����'` public hearings on P.S. #94-01 and ZOA �94-01 until later in the •� meeting. � t � � PLANNING COMMISSION MEETING MARCH 9 1994 PAGE 5 MOTION by Mr. Kondrick, seconded by Mr. Saba, to close hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON rfl�iWN�DECI MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7: 5 P.M. public THE MOTION by Mr. Sielaff, seconded by Mr. Saba, t recommend to City Council approval of Special Use Permit, SP �94-01, by Wal-Mart stores, per Section 205.14.O1.C.(13) of th Fridley City Code, to allow garden centers or nurseries which r ire outside display or storage of inerchandise on Lot l, Block 1 Wal-Mart in Fridley, the same being 8540 University Avenue .E., with the following stipulations: 1. Bulk items shall be ored in the constructed garden center where they all be screened from the public right-of-way. 2. Outdoor stora and sales of chemicai fert.ilizers, pesticides, o herbicides shall not occur in the parking lot. 3. Wal for. Nov� shall submit plans for an enlarged garden center ning Commission and City Council review by 1, 1994, for the 1995 sales year. 4. /S'pecial Use Permit, SP �94-01, will be for one year only. IIPON AJtfOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTI(� CARRIED IINANIMOIISLY. g. McPherson stated this item will go to Council on March 21, 994. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT REOUEST P.S. #94-01, BY SCOTT LUND OF' RITE-WAY MOBILE HOME REPAIR' To split the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9, Block 1, Central View Manor, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue. MOTION by Mr. Kondrick, seconded by Mr_ Oquist, to reopen the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEpMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING REOPENED AT 8:OQ P.M. Ms. McPherson stated this vacant property is generally located north of 73 1/2 Avenue, south of Fireside Drive, and east of Highway 65. The property is zoned C-3, General Shopping Center district, and M-1, Light Industrial district. � �, PLANNING COMMISSION MEETING MARCH 9 1994 PAGE 6 � r Ms. McPherson stated the petitioner is proposing to split off approximately 180 feet of the easterly portion of Lot 3, Block l, Central View Manor 2nd Addition, and combine it with Lots 7, 8, and 9 of Central View Addition. The petitioner proposes to construct a 13,000 square foot building on the property with parking and outdoor storage areas. Ms. McPherson stated the proposed lot that will be created as a result of the replat meets the 150 foot lot width requirement; however, it does not meet the minimum lot area requirement of 1.5 acres. The subject parcel is approximately .11 acres or 4,791.6 square feet short of the requirement. Section 211.05 of the Fridley City Code does allow variances to the code requirements if the Planning Commission or City Council find that certain regulations are not applieable. However, the petitioner does have an opportunity to work with the existing property ow�er to acquire either an additional 15 feet along the entire westerly lot line or approximately 34 feet along the northerly portion (Lot 3, Block 1, Central View Manor 2nd Addition). It would make more sense to move the entire lot line as opposed to just the northerly portion as two odd shaped lots are left byjust moving the northerly por'tion. Ms. McPherson stated the petitioner has submitted a site plan � showing a 13,000 square foot,building. There is parking in front adjacent to�the public right-of-way and the proposed storage area to the rear of the building. The building meets the setback �`°'�. requirements for the M-1, Light Industrial district, and the proposed lot coverage is 21_4%. The petitioner does need to revise the site plan to provide a 5 foot hard surface parking setback from the building along the west and north sides of the building. There is adequate room on site to provide this required setback. Ms. McPherson stated the petitioner wil,l need to provide additional screening along the north and west lot lines. A screening fence is located along tl�e east lot line_ There is a 5creening fence and some existing vegetation along the north lot line between the mobile home park and the proposed buildi.ng. Staff is recommending additional screening by adding seven evergreens 10 feet on center along the fence_ The evergreens wili not only provide screening, but will also meet the landscaping requirements of the district. A third fence should be installed along the westerly property line with slats to provide screening from the public right-of-way. This is required if outdoor storage is to occur at the rear of the building_ Ms. McPherson stated the petitioner has provided a preliminary grading and drainage plan which was reviewed by the'Assistant Public Works Director who had some additional comments. These comments are included in the Staff Report_ The petitioner wiil be required to comply with those requirements prior to the issuance � of a building permit. � Ms. McPherson stated the petitioner has provided a preliminary landscape plan.. The petitioner will need to submit a.revised PLANNING COMMISSION MEETING MARCH 9 1994 PAGE 7 . � landscape plan which provides a three foot high hedge or berm screening the parking lot from the public right-of-way. Underground irrigation is also required. The petitioner has indicated that he will be saving the existing vegetation and trees which are located on the property. In order to receive credit for these trees, the petitioner must provide information as to the size of the trees. The petitioner needs to add four evergreen trees to the three proposed in the landscape plan to meet the 30�•evergreen requirement in the landscape requirements. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the plat request, P.S. �94-01, acknowledging that the lot area does not meet the minimum 1.5 acre requirement. While is recommended that the Commission acknowledge the lot area variance, staff has stipulated that the petitioner should attempt to meet the minimum lot area requirement prior to the City Council meeting. Staff also recommends the following stipulations: 1. The petitioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hard surface setback along the west and north sides of the building. 2. The petitioner shall provide additional screening through planting of seven, 6 foot high coniferous trees along the � north property line. 3. The petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats. r 4. Outdoor storage shall be permitted if the following conditions are met: a. The outdoor storage shall occur on a hard surface. b. The materials to be stored shall be less than 15 feet in height. c. The materiais to be stored shall nat be seen from the public right-of-way. � d. The petitioner shall install a gate with slats parallel to the front line of the building. 5. The petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: a. Underground irrigation shall be provided. ,r"� PLANNING COMMISSION MEETING MARCH 9 1994 PAGE 8 � �\ b. The dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for the existing trees. c. Four additional 5 foot high coniferous trees shall be added to comply with the ardinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north. 6. The petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memo dated March 2, 1994, prior to the issuance of a building permit. � 7. If the f�nce adjacent to the mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along the north lot line. 8. The petitioner shall revise the plat to meet the minimum. lot area requirement of the M-1, Light Industrial district. Mr. Scott Lund, owner of Rite-Way Mobile Home Repair, Inc., stated � stipulation #8 seems�to be the biggest�concern for him. He has � talked to the property owner, Alvin Schrader,. from which he purchased the back portion of the property. Mr. Schrader is not interested in selling an additional 15 feet all along the westerly lot line and it would be cost-prohibitive if Mr. Schrader did agree to sell. Mr. Schrader is reluctant to lose any prime frontage. Mr. Lund stated stipulation �4-a requires that the outdoor storage be on a hard surface. He does not propose to have any long term vehicles stored in back, although his mechanics usually have one semi-trailer that wouid be stored in the back indefinitely for the ' storage of miscellaneous parts. However, since it is just a trailer, there would be no leakage of fluids. Mr. Lund stated he did not want to have to spend the money to asphalt the entire back of the property. He would be willing to put down Class 5 or something equivalent, and the area wouid be fenced in for privacy and security. Mr. Lund stated that from time to time, he does obtain some mobile homes that will be parked on the property, but not for extended periods of time_ The mobile homes are used for the rental of temporary housing for fire victims, etc_, especially in rural areas. Mr. Lund stated he has no problem with any of the other ,::.. stipulations_ `��.... � Mr. Oquist asked if Mr. Lund could identify the area ,needed for the trailer and make that area hard surface. PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 9 Mr. Lund stated it would be a waste of money to asphalt the area where the mobile homes would be parked as they just sink through the asphalt when the asphalt becomes soft. Mr. Oquist stated concrete could be poured on the areas where the tires would sit. That would prevent the mobile homes from sinking through the asphalt. Mr. Lund stated that part of his building will be used by other tenants. At this time, he does not know who those tenants will be. Some of these tenants may need some outdoor storage. It would be very expensive to asphalt/concrete the storage areas. Ms. Dacy stated the proposed building is a typical size industrial building, and the ordinance is very clear that any type of vehicular use area has to occur on a hard surface. It is going to take some area for vehicle turn-around, and the site plan shows adequate area to provide for that. In order for staff to be consistent on all types of development applications, staff must recommend hard surface. She realized that the asphalt does become soft and sinks under heavy equipment, so maybe there is an opti.on of a certain portion of the area that is asphait and a portion that is of another type of material. Mr. Newman stated he agreed with staff. He appreciated the petitioner's concerns; but if the City is going to have this ordinance, he did not see any justification to not enforce the hard surface requirement for Mr. Lund when they are enforcing it elsewhere in the City. Mr. Dacy stated that, practically speaking, she believed the petitioner is going to need the hard surface anyway in the near future, and it might be more cost-effective to install it now rather than in the future. Mr. Lund stated staff may be right; he just did not want to see an aspha.lt jungle. Mr. Newman stated no one wants to see an asphalt jungle. He believed the recommendation is that Mr. Lund needs to figure out what area will be used for storage, and then that portion used for storage needs to be hard surfaced_ Ms. Delores DeMars stated she and Ms. Joyce Trebisovsky from the Park Plaza mobile home park do not have any objection to the development proposed by Mr_ Lund. MOTION by Mr_ Kondrick, seconded by Mr. Saba, to close the public hearing. /� ��, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED AND THE POBLIC HEARING CLOSED AT 8:35 P.M. ' PLANNING COMMISSION MEETING MARCH 9 1994 PAGE lU � �� Mr. Kondrick stated he will vote in favor of the plat request with the deletion of stipulation �8_ It will be a nice improvement for this area. Mr. Oquist agreed. This site has been kind of a dumping ground for a long time. He also agreed to delete stipulation �8. Ms. Modig stated she will vote in favor of the plat request; however, she is concerned about the outdoor storage. There are other businesses in this area that have never cleaned up their outdoor storage. If they eiiminate stipulation �8 regarding the minimum lot area, does Mr. Lund need to get a�variance? Mr. Newman stated that by approving the piat, they are approving the lot as it is. This is a variance of 1/10 of an acre. The City has done this in the past for lots that would otherwise be unbuildable, so a precedent has already been set. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approvai of P.S. #94-01, by Scott Lund of Rite-Way Home Repair, to split the East 180 feet of Lot 3, Block 1, Central View Manor 2nd Addition, and comb.ine it with Lots 7, 8, and 9, Block l, Central View Manor, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue, with the following ( stipuiations: �. � 1. The petitioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hard surface setback�along the west and north sides of the building. 2. The petitioner shall provide addit.ional screening through planting of seven, 6 foot high coniferous trees along the north praperty li.ne. 3. The petitioner shall construct a minimum b foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats. 4. Outdoor storage shall be permitted if the following conditions are met: ' a. The outdoor storage shall occur on a hard surface. b. The materials to be stored shall be less than i5 feet in height. c. The materials to be stored shall not be seen from the public right-of-way. �:::,;. �� d. The petitioner shall install a gate with slats parallel to the front line of the building. PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 11 5. The petitioner shall submit an amended landscape plan � prior to the issuance of a building permit with the following changes: a. Underground irrigation shall be provided. b. The dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for the existing trees. c. Four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north. 6. The petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memo dated March 2, 1994, prior to the issuance of a building permit. 7. If the fence adjacent to the mobile home park is removed, the petitioner shall install a�ninimum 6 foot high screening fence with siats along the north lot line. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE /� MOTION CARRIED IINANIMOIISLY. � 3. PUBLIC HEARING• CONSIDERATION OF A REZONING REQUEST. ZOA #94- Ol, BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR: To rezone property from C-3, General Shopping Center District, to M-1, Light Industrial.-District, on the East 180 feet of Lot 3, BLock 1, Central View Manor Second Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, AI,L VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:40 P.M. Ms. McPherson stated the rezoning request only applies to the easterly 180 feet of the Lot 3, Block 1, Central View Manor Second Addition, which is the northerly one-third of the proposed development property. Ms. McPherson stated that in evaluating rezoning requests, three criteria must be met: 1. Compatibility of the proposed use with the proposed district; /�`� --- � PLANNING COMMISSION MEETING, MARCH 9, 1994 PAGE 12 � �"'\ 2. Compatibility of the proposed district with adjacent uses and zoning; and 3. Compliance with the proposed use with the proposed district requirements_ Ms. McPherson stated the petitioner is requesting that the zoning be changed from C-3, General Shopping Center district, to M-1, Ligk�t Industrial district. The three lots to the south are currently zoned M-1, Light Industrial. The petitioner has proposed to construct an office/warehouse building which is a permitted use within the M-1 district_ � Ms. McPherson stated the proposed M-1, Light Industrial district, would be compatible with the existing M-1, Light Industrial district, zoning to the south and east of the subject parcel. Parcels to the west will remain zoned C-3, General Shopping Center district, and the parcel to the north is zoned R-4, Mobile Home, and C-3, General Shopping Center. The mobile home park has been located adjacent to the M-1 zoning to the east since it was constructed in the early 1960s. There are screening requirements in the M-1 district which require additional buffering and screening for the residentiai zoning. Locating the M-1 zoning next to the C-3 zoning, which is tha most intensive commercial district in the City is a compatible zoning practice. Also, rezoning this portion of Lot 3 wouid create a better development parcel. i� Therefore,"the proposed district is compatible with both of the adjacent uses and the zoning. Ms. McPherson stated the proposed development ineets the minimum code requirements for the M-1, Light Industrial district. The property as proposed meets all the district requirements with the exception of the lot area requirement discussed with the plat request. The Council may grant a variance to the lot area during the subdivision process. Therefore, the proposed use complies with the proposed district requirements. Ms. McPherson stated the rezoning meets the three criteria for approval. Staff recommends that the Planning Commission recommend approval of the rezoning request with one stipulation: The plat request, P.S. �94-04, shall be approved_ _.. Mr. Kondrick asked if staff has received any negative responses regarding the plat or rezoning requests. Ms. McPherson stated she received only one call from someone from the SuperAmerica Station located south of 73rd Avenue who just wanted information about the development but was not opposed to it. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. �' �� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TAE MOTION CARRIED AND TIiE PIIBLIC HEARING CLOSED AT 8:45 P.M. � e PLANNING COMMISSION MEETING MARCii 9 1994 PAGE 13 MoTION by Mr. Saba, seconded by Mr. oquist, to recommend to City Council approval of rezoning request, ZOA #94-01, by Scott Lund of Rite-Way Mobile Home Repair, to rezone property from C-3, General Shopping Center District, to M-1, Light Industrial District, on the East 180 feet of Lot 3, BLock 1, Central View Manor Second Addition, generally located on Highway 65 south of Fireside Drive and north of 73 1/2 Avenue N.E., with th� following stipulation: 1. The plat request, P.S. �94-04; shall be approved. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. , 4. COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to eceive the December 21, 1993, Environmental Quality & Ene Commission minutes. IIPON A VOICE VOTE, ALL VOTIMG AYE, CHAIRPERS NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. MINUTES� MOTION by Mr. Kondrick, secon January 3, 1994, Parks & Recrea UPON A VOICE VOTE, ALL VOT] MOTION CARRIED IINANIMOQSLY � MINUTES• by Mr. Saba, to receive the Commission minutes. , CHAIRPERSON NEWMAN DECLARED THE MoTION by Mr. Sab�, .seconded by Mr. Rondrick, to receive the January 6, 1994, ousing & Redevelopment Authority minutes. UPON A VOICE V E, ALL VOTING AYE, CHAIRPERSON NEpMAN DECLARED THE MOTION CARRI IINANIMOIISLY. 7. J � MOTION y Mr. Kondrick, seconded by Mr. Oquist, to receive the Januar 11, 1994, Appeals Commission minutes. UPO�P"A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MO�ION CARRIED IINANIMOIISLY. . RECEIVE THE FEBRUARY 3 1994 HOUSING & REDEVELOPMENT AUTHORITY MINUTES: �� /"� �"� � ; � FRIDLEY CITY COIINCIL MEETING OF APRIL 4 1994 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING MARCH 21 1994: MOTION by Councilman Billings to approve the mim Seconded by Councilman Schneider. Upon a voice aye, Mayor Nee.declared the motian carried unaryi .� ADOPTION OF AGENDA: .s presented. , all voting 0 Mayor Nee requested that the followi be added to the agenda: (13) Receive letter from Paragon Cab e dated March 29, 1994. MOTION by Councilman Schneider adopt the agenda with the above addition. Seconded by Council�bman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deczYared the motion carried unanimously. OPEN FORTIM. VISITORS: Mr. David Sallman, �iblic Safety Director, stated that Corporal Dave Prois is one o�f five reeipients of the honorable mention award for the Minneso af Police Officer of the Year. He stated that Corporal Proi�s a twelve-year veteran of the Fridley Police Department. e also cited an incident on August 15, 1993 where Corporal P is was able to convince a person to put down his weapon and avoi the use of deadly force. Mr. Sallman stated that Corpor Prois was also instrumental in organizing the bike patrol. Ma r Nee and members of the Council extended their congratulations t Corporal Prois for receiving this award. PUBLIC HEARINGS: � 1. PUBLIC HEARING ON REZONiNG REQUEST, ZOA #94-01, BY SCOTT LUND OF RITE-WAY MOBIi,E HOME REPAIR TO REZONE PROPERTY FROM C 3 GENERAL SHOPPING CENTER DISTRICT TO M-1 LIGHT INDUSTRIAL GENERALLY LtOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73-1/2 AVENUE N.E.: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:48 p.m. Ms. Dacy, Community Development Director, stated that this parcel is located on the north side of 73-1/2 Avenue and east of Highway 65. She stated that the petitioner is proposing to rezone the east 180 feet of Lot 3, Block 1, Central View Manor Second Addition, from C-3 to M-1. ,.?� �~� Ms. Dacy stated that the Planning Commission recommended approval of this rezoning request based on several factors_ She stated that the rezoning is compatible with adjacent uses and zoning and FRIDLEY CITY COIINCIL MEETING OF APRIL 4 1994 PAGE 3. , continues the existin � g pattern in the immediate area of M-1 zoning to the south and east. Councilman Schneider asked the setbacks and screening requirements relative to the northwest corner of the mobile home park. Ms. Dacy stated that for light industrial or commercial develop- ment, a six foot screen would be required. She stated that currently there is a six foot chain link fence which separates the mobile home gark from this property. She stated that the petitioner has to submit a landscaping plan with the plat. No persons in the audience spoke regarding this proposed rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:51 p.m. �� 2. PUBLIC HEARING ON PLAT REOUEST P S #94-01 BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73-1/2 AVENUE N E , MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- � woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee - .�. declared the motion carried unanimously and the public hearing opened at 7:51 p.m. Ms. Dacy, Community Development Director, stated that this request is to replat Lot 3, Block 1, Central View Manor Second Addition and Lots 7, 8, and 9, Block 1, Central View Manor, into one lot. She stated that the site plan indicates a 13,000 square foot building with associated parking and outdoor storage areas. She stated that one of the stipulations is to add seven additional evergreens along the north lot line and, if the existing fence is removed, the petitioner would install a fence. Ms. Dacy stated that the petitioner will need to submit a revised site plan showing a five foot hardsurface parking setback from the building along the west and north property line. Ms. Dacy stated that another issue of concern was the lot area which is 1.39•acres. The minimum required is 1.50 acres. She stated that staff originally recommended that additional property be obtained from the property owner to the west; however, the Planning Commission recommended approval of the plat without that stipulation. She stated that the Planning Commission felt the area to be obtained from the adjacent owner was consistent with the lines on the south side of the parcel. She stated that staff has also added a stipulation regarding payment of the park fee. � Councilman Schneider asked what volume of traffic is anticipated from this development. FRIDLEY CITY COIINCIL MEETING OF APRIL 4, 1994 _ PAGE�4 1�`, Mr. Lund, the petitioner, stated he did not believe that traffic would be an issue, as it would involve mostly their employees coming to work in the morning and then going out on various jobs that are contracted. Councilwoman Jorgenson asked if work would be done at this site. Mr. Lund stated that all their work has been off site. He stated that they would like to be able to park some mobile homes in the parking lot but would not do any outside work on the premises. Councilman Schneider asked how many mobile homes might be parked in the parking lot. � Mr. Lund stated that possibly three or four would be parked in the parking lot; however, most af the time there would not be any. Mayor Nee asked if their facility could provide space so a mobile home could be repaired on site. Mr. Lund stated that they are proposing to install a wide roll up door so it will be possible for a mobile home to be moved inside. He stated that repairs to the mobile homes are usually done in the mobile home parks. He stated� that this is less costly than to move the mobile home to their site for repairs. � � No other persons spoke regarding this proposed plat. MOTION by Councilman Schneider to close the public heari.ng. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:00 p.m. NEW BUSINESS• 3. A. MARCH 23. 1994• 73RQ/�VENUE N.E.: MOTION by ouncilman Billings to set the public hearing on Prelimin y Plats, P.S. #94-02 and P.S. #94-03 for April 18, 1994. �;;�;.:�;.� Secon d by Councilwoman Bolkcom. Upon a voice vote, all voting � aye, Mayor Nee declared the motion carried unanimously. i FRIDLEY CITY COiTNCIL MEETING OF JULY 11 1994 PAGE 10 Mr. Lexvold stated that they are also trying to identify the building with the parking sign, as people come from Unive sity Avenue by way of West Moore Lake Drive and get to Highway 6 efore they realize they have passed the funeral home. He ated that they are trying to get people to their building w' the least amount of problems. Councilwoman Jorgenson asked if the sign on ighway 65 could be placed closer to West Moore Lake Drive so t t it is visible from both streets. Mr. Lexvold stated that in order to 1 cate the sign closer to West More Lake Drive, a large tree wou have to be removed and land- scaping redone. Councilwoman Jorgenson aske Mr. Lexvold if he know how much of their traffic comes from W st Moore Lake Drive. Mr. Lexvold stated Under the exis directional sia he did not have any statistics. code, they would be allowed two four foot Councilman �S�hneider stated that there variance � really needed. He asked Mr. with a roposal that would meet the direc onal sign. is a question whether a Le�old to try to come up code requirements for a �ION by Councilman Schneider to table this item. Seconded by ouncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 5. ORDINANCE NO. 1030 APPROVING A REZONING REQUEST ZOA #94-01 BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR TO REZOATE PROPERTY FROM C-3, GENERAL SHOPPING CENTER DISTRICT TO M-1 LIGHT INDUSTRIAL, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE- MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 1030 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� 6. ORDINANCE NO. 1031 APPROVING A VACATION RE4UEST SAV #94-01 BY SCOTT LUND AND ALVAN SCHRADER, TO VACATE A 15 FOOT DRAINAGE AND UTILITY EASEMENT, GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE• MOTION by Councilman Schneider to waive the second reading and F��!�'�>� adopt Ordinance No. 1031 on the second reading and order publica- `��.� tion, subject to the following stipulations: (1) petitioner shall � � � FRIDLEY CITY COUNCIL MEETING OF JIILY 11, 1994_ PAGE 11 �� provide a copy of the temporary grading easement from the property to the west; (2) a concrete x-gutter should be installed at the driveway entrance; and (3j concrete curb and gutter should be 8612 type curbing. Seconded by Councilwoman Jorgenson. Councilman Billings stated that as a result of the public hearing on this vacation request, adjacent property owners were asked to sign that they had no objections. He stated that the petitioner, Mr. Lund, has been talking to the adjacent property owners, and it appears there is a drainage pipe from the trailer court that runs across his property and is not necessarily in the drainage ease- ment. He stated it now appears that Mr. Lund will have to spend $6,000 to $10,000 to replace that drainage pipe which he is not sure should be there because it�is not in the drainage easement. Councilman Billings stated that the adjacent property owner to the east, Mr. Buzick, stated that he was before the Council several years ago regarding the storm water problems in the area. At that time, the Council informed him they would have to review the drainage on a larger scale, rather than just his property and the property immediately adjacent. Councilman Billings felt that because someone is developing a piece of property, he should not necessarily have to provide adequate drainage for the entire area. He stated that he would like to have (� a drainage study completed to determine who is responsible for � drainage in this area. Ms. Dacy, Community Uevelopment Director, stated that the existing pipe that removes water from the mobile home park is now dis- charging in the northeast corner of Mr. Lund's property. She stated that Mr. Lund is obtaining an estimate to connect the discharge pipe to the pond. Ms. Dacy stat�d that Mr. Buziclt owns property to the south and east. She noted the problems that he is having and that runoff from the Super America station was backing up to his system. She stated that each property owner is responsible for maintaining water on his'property. She stated that Mr. Buzick and Mr. Determan both installed drainage systems. She stated that Mr. Lund is accepting water from adjacent properties and, if Mr. Lund develops the land, owners would be responsible for maintaining water on their property. Councilman Billings stated that Mr. Determan previously had an open ditch before the underground pipe was installed. Ms. Dacy stated ihat installation of the underground pipe was part of Mr. Determan's parking lot expansion. �k;y'-�,, Councilman Billings felt that it should be determined who is re- .� sponsible for the storm water and what kind of plan exists to FRIDLEY CITY COUNCIL MEETING OF JOLY 11, 1994 PAGE 12 �\ handle the storm water. He stated that it appears something more than natural drainage is taking place, and the issue should be addressed on who is responsible. Mr. Flora, Public Works Director, stated that there are a number of issues. He stated that the drainage system in this area was established many years ago. He stated that storm water comes from Spring Lake Park and Mounds View and drains through this system. He stated that the City is working with the County in conjunction with the upgrade of Central Avenue, and it is hoped that ponding will be established in Spring Lake Park during this improvement. Mounds View has plans to deal with their water on Stinson Boulevard. He stated that as those projects develop, there probably will be reduced flow, but no major studies have been done for this area. Mr. Lund stated that he did not want to receive everyone else's water, and that he has to install a pipe. He felt that.this drainage problem has to be addressed on a broader scope as new development occurs. Mr. Flora stated that he did not personally feel this project is a problem. He stated that if there are problems, individual owners deal with their own water. Mr. Lund stated that he did not want to go to the.expense of ^ installing the piping and then have to change it at some future date. Mr. Herrick, City Attorney, felt that perhaps Mr. Lund should address this issue with the property owner to the north. He felt that there should be some determination as to the history of this water draining onto Mr. Lund's property. He stated that the usual rule is that a property owner cannot discharge his water to another property without approval of the owner or without having a valid easement. Councilman Schneider asked Mr. Lund how much piping he had to install. Mr. Lund stated that there is a twelve inch pipe in the northeast corner of his property, and he would have to install about 100 feet of twelve inch pipe and then connect the back storage lot with an eighteen inch pipe for 200 feet to the pond. He stated that this is about 300 feet of piping that was not originally figured for drainage. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION FOR ADOPTION OF THIS ORDINANCE, all voted aye, and Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COIINCIL MEETING OF MAY 2 1994 PAGE 6 �� for each occurrence; on May 6 and 7 and the Labor Day weekend; (2) the use of streamers, pennants, and flags is prohibited; (3) the petitioner shall comply with the temporary sign ordinance for ail temporary signs on the property; (4) the petitioner shall obtain a temporary building permit and shall comply with Article 32 of the Uniform Fire Code; (5) portable toilets shall be handicapped accessible; (6) the petitioner shall provide a traffic mana ment person to properly control traffic on-site and to prevent oblems occurring on 69th Avenue at the University Avenue�fro age road, and to direct unnecessary traffic away from the residential neighborhood; (7) the participating dealerships sha apply for and. receive the appropriate City licenses; (8) there hall be no test driving of cars in the residential neighborho� located south of 69th Avenue and in Locke Park; (9) barricade-s shall be placed at the entrance to the neighborhood on 69th Averiue and on 71st Avenue; the barricade at 69th Avenue shall include�' a sign with the language "residential area - no exit;" (10) the:��cars for.the sale shall be street operable and shall not be ex�essively leaking fluid; and (il) the special use permit shal�'"�be reviewed by the Planning Commission prior to the next sale. Seconded by Councilwoman Jorgenson. . ' Councilman Schneider stated'that Friendly Chevrolet had one sale last year with two schec�ti�.ed for this year. He stated that his concern would be if thi's amount keeps increasing every year. He �� stated that the Plaiining Commission discussed that if other businesses were toj''request a similar permit, it could become an issue. He statec�'that, at this time, he has no problems with it. Councilman B' lings stated that last year, the Council was willing to support wo sales per year and requested a review process after the firs year. He stated that if the sale is successful, he assume the petitioner would be back next spring for another spec' 1 use permit. U N A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and ayor Nee declared the motion carried unanimously. � B. ESTABLISH A PUBLIC HEARING FOR MAY 16, 1994, FOR A VACATION RE4UE5T, SAV #94-01 BY SCOTT LUND, TO VACATE A 15 FOOT DRAINAGE AND UTILYTY EASEMENT.. GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73-1/2 AVENUE N.E.: MOTION by Councilman Schneider to set the public hearing on Vacation Request, SAV #94-01, for May 16, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of April 20, 1994. Seconded by ��;;.� Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee ''.'� declared the motion carried unanimously. � FRIDLEY CITY COIJNCIL MEETING OF MAY 16 1994 PAGE 6 Councilman Billings stated that barring any negative report om the attorney, the City, other than having the ability to rev' w the purchase, is really not part of this transfer between rtel and Paragon. Mr. Moravetz stated that if there is not any ing adverse in the financial, technical, or legal qualificati s, none of the cities involved could unreasonably deny a tra er. No other persons in the audien spoke regarding this proposed transfer of the cable televis n operations. MoTION by Councilman Sc� eider to continue this public hearing to the June 20, 1994 C6uncil meeting. Seconded by Councilwoman Jorgenson. Upon a�voice vote, all voting aye, Mayor Nee declared the motion car�d unanimously. Mayor N stated that reports from the attorney and the reco dations from the CATV Adyisory Commission will be available at e June 20 Council meeting. . � 2. PUBLIC HEARING ON VACATION REOUEST SAV #94-01 BY SCOTT LUND TO VACATE A 15 FOOT DRAINAGE AND UTiLTTY EASEMENT GENERALLY LOCATED .ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73-1/2 AVENUE N.E.: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:15 p.m. Ms. Dacy, Community Development Director, stated that this is a request by Mr. Lund to vacate a 15 foot drainage and utility easement for property located in the northeast corner of 73-1/2 Avenue and Highway 65. She stated that the property is vacant at this time. She stated that Mr. Schrader, an adjacent property owner, has also agreed to participate in this vacation request to vacate the portion of the easement located on his property. Ms. Dacy stated that the petitioner, Mr. Lund, is also proceeding with a plat and rezoning to subdivide the parcel for an office/ warehouse building. She stated that the Planning Commission recommended approval of this vacation request subject to approval of the rezoning and plat. Mayor Nee stated that he could not understand why the property owner to the east has not commented regarding this vacation request. Ms. Dacy stated that this property owner was notified when this vacation request was before the Planning Commission. She stated � � �"� 0 � r� �,. �--� FRIDLEY CITY COIINCIL MEETING OF MAY 16 1994 PAGE 7 that she would be willing to contact the property ownAr to make sure he or she has no objection. No other persons in the audience spoke regarding this proposed vacation request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:30 p.m. OLD BUSINESS' 3. STABLED MAY 2. 1994): Mayor Nee removed this item from the table. Mr. Flora, Publ.ic Works Director, stated it is propo d that the City utilize the Australian specifications for a s 1 portion of the 1994 sealcoat program. He stated that MnDOT ould contribute $5,000 towards this program. He stated that th remainder of the streets will utilize the standard MnDOT spec' ications where the aggregate and emulsion are weighed. He ecommended that the Council award the bid for this project to he low bidder, Asphalt Surface Technologies Corporation (Astec , for $191,358.04. Councilman Schneider stated that his only reason for tabling this item at the last meeting was to t to understand the results of the studies by the Minnesota Depa ment of Transportation (MnDOT). He stated it is his belief tha the sealcoat can be applied in a controlled fashion. MOTION by Councilman Se Improvement Project No. Surface Technologies $191,358.04. Seconde vote, all voting a , unanimously. 4. e e�n hn ' der to award the contract fo-r Street T. 1994-10 to the low bidder, Asphait Corporation (Astech) in the amount by Councilwoman Jorgenson. Ugon a voice Mayor Nee declared the motion carried MOTION by ¢ouncilman Schneider to waive the reading and adopt Ordinance,/ ��o. 1029 on the sacond reading and order publication. Seconded;by Councilwoman Jorgenson. Counci�iman Schneider stated that he questions the reason for these viiusa u • '� Mr Larson, Deputy Fire Chief, stated that the Fire Chief is ��. viewing all the ordinances pertaining to the Fire Department and � cleaning up the language, as some are outdated. � Councilwoman Jorgenson stated that the fee e been reduced from what was originally pro sed. that she really did not want to make a changes related to the conduct issue. iule has already She also stated in the ordinance MOTION by Councilman Schneider waive the reading and approve the ordinance on first reading. conded by Councilman Biliings. Upon a voice vote, all voting a�e, Mayor Nee declared the motion carried unanimously. f 7. FIRST READING OF AN ORDINANCE APPROVING A REZONING RE UEST ZOA #94-01, BY SCOTT LUND OF RITE WAY MOBILE HOME REPAIR TO REZONE PROPERTY FROM C-3 GENERAL SHOPPING CENTER DISTRICT TO M-1 LIGHT INDUSTRIAL GENERALLY LOCATED Old HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 lj2 AVENLTE• Ms. Dacy, Community Development Director, stated that this is a request to rezone 1.4 acres from C-3 to M-1 in order to allow construction of an office/warehouse building for Rite-Way Mobile Home Repair. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson.. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � 8. FIRST READING OF AN ORDINANCE APPROVING A VACATION RE UEST . SAV #94-01, BY SCOTT LUND AND ALVAN SCHRADER TO VACATE A 15 FOOT DRAINAGE. AND UTILITY EASEMENT GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE • Ms. Dacy, Community Development Director, stated that this is a request to vacate a 15 foot drainage and utility easement on Mr. Lund's and Mr. Schrader's property. She stated that staff inet with the petitioner and his consulting engineer and reviewed the drainage issues. She stated that they are preparing revised calculations to determine if the fifteen foot swale and pond proposed on Mr. Lund's property can accommodate the runoff. She stated that this information has not yet been received, but it is recommended that Council proceed with the first reading of this ordinance. The second reading would,�ot be held until there are assurances that the drainage can be handled. '�. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote,-all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 50-1994 APPROVING PLAT P S #94 O1 CENTRAL VIEW MANOR THIRD ADDITION BY SCOTT LUND OF RITE-WAY MOBILE HOME REPAIR GENERALLY LOCATED ON HIGHWAY 65 SOUTH OF FIRESIDE DRIVE AND NORTH OF 73 1/2 AVENUE- MOTION by Councilman Schneider to adopt Resolutionldo. 50-1994 with the following stipulations, attached to the resolution as Exhibit �,. /"'� � �%� f` r'"'� , :i�, FRIDLEY CITY COIJNCIL MEETING OF JIINE 20 1994 PAGE 24 A: (1) the peti-tioner shall submit a revised site plan prior to the issuance of a building permit showing a 5 foot hardsurface setback along the west side of the building: (2) the petitioner shall provide additional screening through planting of seven, 6 foot high coniferous trees along the north property line; (3) the petitioner shall construct a minimum 6 foot high screening fence along the west property line. The screening fence shall be constructed of chain link and contain metal slats; (4) outdoor storage shall be permitted if the following conditions are met: (a) the outdoor storage shall occur on a hardsurface; (b) the materials to be stored shall be less than 15 feet in height; (c) the materials to be stored shall not be seen from the public right-of- way; and (d) the petitioner shall install a gate with slats parallel to the rear line of the building; (5) the petitioner shall submit an amended landscape plan prior to the issuance of a building permit with the following changes: (a) underground irrigation shall be provided; (b) the dimensions of the existing trees to be saved shall be indicated on the plan to calculate credit for existing trees; and (c) four additional 6 foot high coniferous trees shall be added to comply with the ordinance. The 7 coniferous trees shall be planted along the north property line for additional screening from the residential district to the north; (6) the petitioner shall submit a revised grading and drainage plan complying with Scott Erickson's memorandum dated June 8, 1994 prior to the issuance of a building permit; (7) if the fence adjacent to the mobile home park is removed, the petitioner shall install a minimum 6 foot high screening fence with slats along the north lot line; (8) a park dedication fee of $1,394.28 shall be paid at the issuance of the building permit; and (9j this plat approval is contingent on final approval of Vacation Request, SAV #94-01. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. l0. 205.15.1.C• 0 n9.A1CiTtJr_ n MOTION by Councilwoman Bolkcom to wa�ve the reading and approve the ordinance on first reading. Seco�ided by Councilman Schneider. Councilman Billings stated at Item g throughout this ordinance implies that the Anoka C nty Health Department and the Minnesota Department of Agricul re are the only agencies involved in the licensing. MOTION by ordinance, license sh but not l�i Cou ilman Billings to amend Item g throughout this a follows: "Prior to conducting sales activities, a �. be obtained from all appropriate agencies, including ited to the, Anoka County Health Department, Minnesota