01/03/1996 - 00003443CITY OF FRIDLEY
PLANNING COMMISSION MEETING, JANUARY 3, 1996
CALL TO ORDER:
vice-chairperson Kondrick called the �anuary 3, 1996, Planning commission meeting to
order at 7:31 p.m.
ROLL CALL:
Members Present: �ave Kondrick, �iane savage, �eROy oquist, �ean saba, Brad sielaff,
connie Modig
Members Absent: Dave Newman
others Present: scott Hickok, Planning coordinator
�an Ryan, North country collectibles
Scott Lund, Rite-Way Mobile Home Repair, Inc.
David Theede, D.V.L. Transport, Inc.
Larry Theede, D.V.L. Transport, Inc.
APPROVAL OF DECEMBER 20, 1995, PLANNING COMMISSION MINUTES:
MOTION by Mr. sielaff, seconded by Ms. Modig, to approve the �ecember 20, 1995, Planning
commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #95-11, BY NORTH
COUNTRY COLLECTIBLES:
Per section 205.17.O1.c.(3) of the Fridley city code, to allow retail uses within
industrial buildings on �ot 2, Block 1, central view 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.O1.c.(9) of the Fridley city code, to allow repair garages
within industrial buildings on �ot 2, Block 1, central view Manor 3rd Addition,
generally located at 1175 -73 1/2 Avenue N.E.
MOTION by Mr. oquist, seconded by Mr. saba, to conduct the public hearings
simultaneously, to waive the reading of the public hearing notice and to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION
CARRIED AND THE PUBLIC HEARING OPEN AT 7:34 P.M.
Mr. Hickok stated special use Permit request #95-11 is by North country collectibles, a
retail merchandise operation located within an M-1, �ight rndustrial, district. special
use Permit request #95-12 is by D.v.�. Transport, Inc., to allow truck repair in the M-1
district. The property is located on the north side of 73 1/2 Avenue between Highway 65
and central Avenue.
Mr. Hickok stated, in April 1994, the city council held a public hearing for
construction of a new office/warehouse complex of 13,000 square feet on this site.
There were separate land use actions requested to rezone a portion of the property, to
vacate an easement on the property, and to allow the use as proposed. The City Council
approved those actions and a plat in �uly 1994. The construction of the building is now
nearly complete. The landscaping is installed. Parking installation has occurred.
Mr. Hickok stated North country collectibles is a request to allow a 1600 square foot
retail space within this office/warehouse complex. The code allows a certain mix of
retail in an industrial building provided the retail area does not exceed 5,000 square
feet or 30% of the building. rn this case, North country collectibles represents 12% of
the space within the building and falls within the code requirements for this location.
Mr. Hickok stated the parking supply, according to code, is to be sufficient for that
retail space. The staff report included in the agenda provided information on how much
PLANNING COMMISSION MEETING, JANUARY 3, 1996 PAGE 2
parking would be required for each of the uses within the complex. rnitially, it was
indicated this would be an office/warehouse mix, and a speculative formula of one
parking space per 700 square feet was used to determine parking needs. The uses have
gone toward small industrial spaces with their own parking demands. Therefore, one of
the stipulations relates to future parking needs and allowing additional parking on the
north side of the building . The code requires that the existing level of service on the
roadways not be affected by the retail use. staff did an analysis and determined the
numbers are negligible in terms of the impact to 73 1/2 Avenue.
Mr. Hickok stated the proposal should be compatible with surrounding uses. staff has
previously indicated that the retail use under 30% of the building space is appropriate
in the M-1 district.
Mr. Hickok stated the code indicates the building owner or agent should be responsible
for informing prospective and future tenants that the property is zoned for industrial
use and that there are some limitations on the retail and other types of uses in the
building . staff recommends approval of the request by North country collectibles with
the following stipulations:
1. owner shall provide adequate parking on-site for uses within the building. rf
parking demand exceeds parking accommodations, a modification of the rear
parking/storage area may be required.
2. Any new lighting associated with this use shall be downcast security/safety
lighting and shall not exceed a footcandle measurement deemed appropriate, by
city staff, for the specific location.
3. The completed/approved (Rite-way) site plan including all code required elements
such as: concrete or asphalt parking surfaces, 66-18 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. No outdoor portion of this M-1 property shall be utilized for display or sales.
5. �rive aisles shall be provided and kept free of vehicles to allow circulation and
access for police and emergency vehicles.
6. �eliveries to the retail operation shall be done in a manner that does not
disrupt parking or entrance to other businesses within this complex.
7. All signs shall be consistent with the comprehensive building sign plan approved
by the city council.
8. 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 permit.
9. owner shall provide information about 30% maximum retail to present and future
retailers in complex so that they are aware of the limited expansion potential
for retail within the building.
Mr. Hickok stated the petitioner has responded to these stipulations and has stated he
has no objections.
Mr. Hickok stated special use Permit #95-12 is for �.v.�. Transport to allow truck
repair in an M-1, �ight rndustrial, district. The code does allow a special use permit
for truck repair in an M-1 district. rn �ecember 1994, Mr. �und had requested special
use consideration to allow a repair garage in the complex. The request was withdrawn.
D.v.�. Transport is similar but, rather than repair passenger vehicles, repairs large
scale tractor/trailers.
Mr. Hickok stated staff has reviewed the request. staff recommends approval of the
request with the following stipulations:
1. Motor vehicles stored outside shall not exceed 15 feet in height.
PLANNING COMMISSION MEETING, JANUARY 3, 1996 PAGE 3
2. screening materials are provided as in section 205.17.06.G(1)(a).
3. Motor vehicle storage is conducted as provided in section 205.17.07.�(5).
4. �ighting 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.
5. The completed/approved (Rite-way) site plan including all code required elements
such as: concrete or asphalt parking surfaces, 66-18 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.
6. No outdoor portion of this M-1 property shall be utilized for display or sales.
7. �rive 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 setback
requirements from any street property line.
10. All signs shall be consistent 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 permit.
12. No outdoor repair of motorized or non-motorized vehicles shall be permitted.
13. All existing outdoor storage shall be moved to hard-surfaced parking area, stored
indoors, or removed from site completely.
14. The rear area screening gate shall be kept closed to provide adequate screening
between storage area and the public right-of-way.
Mr. Kondrick asked if there were any questions of staff pertaining to North country
collectibles.
Mr. sielaff asked what the circumstances are for North country collectibles already
being in the complex.
Mr. Hickok stated staff were not aware until a recent site visit
that this operation was already in the building . when this was recognized, staff talked
with Mr. �und who then came in with the special use application.
Mr. sielaff stated the business could potentially have high traffic volume. How will
staff determine if demand exceeds parking accommodations?
Mr. Hickok stated staff will have to monitor. rt is possible that on weekends this
business could have a high demand parking situation. staff will let the police
department know this is a stipulation so they can do random inspections. �uring regular
business hours, the code enforcement officer will be asked to make random checks to see
that parking does not exceed the designated parking. rf these observations reveal
parking on the street or in the driveway beside the building, staff will ask the owner
to designate additional parking behind the building.
Mr. sielaff asked if this would be true of any situation where there was parking on the
street.
Mr. oquist stated he thought this would be true only if the parking lot was full. staff
cannot control those who choose to park on the street and not in the lot.
Mr. Hickok stated this was correct. This would have to be a"bursting at the seams"
PLANNING COMMISSION MEETING, JANUARY 3, 1996 PAGE 4
type of situation where the lot was constantly full and patrons have to park elsewhere.
Mr. Kondrick stated he did not think the square footage of the business would generate a
great amount of traffic. There may be a problem, however, in conjunction with the other
businesses.
Mr. �und, owner of the property, stated regarding parking, North country collectibles
does not draw a si gnificant amount of traffic. They average one or two vehicles per day
visiting that facility. They do not anticipate any parking concerns.
Mr. Ryan, owner of North country collectibles, stated the business carries baseball
cards, comics, stamps for collectors, etc. Because of the location, it is hard to find.
Mr. �und stated 95% of the business is outside the facility at collectible shows,
although Mr. Ryan does display collectibles at this location.
Mr. sielaff asked if Mr. Ryan did any promotions.
Mr. Ryan stated he goes to three to four shows a month outside this facility.
Mr. sielaff asked if Mr. �und was aware that he needed a special use permit.
Mr. �und stated, at the time of construction, they were going to have mechanics in this
facility. The former business operation was not conducive to their operation in that
they could not bring vehicles into that small of a building. They then built a bigger
building in order to bring vehicles inside. He understood that the special use permit
was needed because they were doing mechanical work on vehicles for others. what he has
learned is that, before he leases, rents, or does anything further with the building or
any tenants, he will just call the city to see if it fits.
Mr. Kondrick asked if there were any comments regarding the stipulations.
Mr. �und stated he had no problem with the stipulations.
Mr. Kondrick asked if the commission members had any questions or comments regarding
D.V.L. Transport, Inc.
The commission members had no questions of staff. Mr. Kondrick asked the petitioner if
they had any comments.
Mr. �und introduced Mr. �avid Theede and Mr. �arry Theede, owners and operators of
�.v.�. Transport, rnc. Mr. �und stated they had anticipated mechanics coming into this
facility. They were doing some outside work. Therefore, this would require a special
use permit.
Mr. Kondrick asked if there were any comments regarding the stipulations.
Mr. �. Theede stated he understood the stipulations. They were not in business to put
junk out there. They keep things clean in the area.
Mr. �und stated, in reviewing the stipulations, #13 refers to moving existing outdoor
storage. He asked if this alludes to the cement blocks that are in that area.
Mr. Hickok stated cement blocks were used as an example. Along the western lot line by
the landscaped area, there are some items stored.
Mr. �und stated in his business of being a mobile home transport and set up company he
buys a number of cement blocks. They put these blocks in what is the storage area which
is the along the fenced portion of the building. Along the fence line, they did put in
landscape rock rather than sod which is less work to maintain. Behind the fence, which
is screened, they keep the blocks on pallets and stored off the curb along the fence on
the area of landscape rock. This is behind the gate and cannot be seen unless the gate
is open. They are not kept in the parking area because the blocks would be in the way.
The pallets are very heavy and need to be stored off to the side in order to be
accessible for the trucks and off the drive lane. He would prefer not to keep them on
the asphalt. rt was their intent to keep the blocks along the fence line. one
stipulation when constructing the building required a 5-foot offset curb along the west
of the building also. They also put landscape rock in that narrow strip. They were
PLANNING COMMISSION MEETING, JANUARY 3, 1996 PAGE 5
going to put a lumber rack next to the building which would extent about four feet. He
felt this was reasonable and would fit the city's requirements to screen outdoor
storage.
Ms. Modig stated the original stipulation indicates storage was to be on a hard surface,
and now the petitioner is not complying with the stipulation.
Mr. �und stated he had not taken everything into consideration because the stipulation
does not specifically list everything that has to be on the hard surface. when talking
about storage on hard surface, they were ori ginally talking about trailers, cars, and
things like that which would be placed on a hard surface. He did not see any detriment
if the blocks were on the asphalt or off the asphalt.
Mr. Kondrick stated he did not see a problem as long as it is screened.
Ms. Modig stated she sees a potential problem. rf the petitioner did not follow the
previous stipulations, she did not know if they will follow the stipulations this time.
Mr. �und stated, when building this facility, there were stipulations and that storage
was to be on a hard surface. He did not think of every small item.
Mr. oquist stated the stipulation was somewhat general. He does agree that this does
not take into consideration that the blocks are needed in the business and to put cement
blocks on a surface that will impede traffic is also a hazard. sufficient space must be
available for emergency vehicles.
Mr. �und stated there is a five-foot span between the curb and fence.
Mr. Hickok stated the issue is where the cement blocks would be placed - on the hard
surface with a landscape separation. As he recalled, that stipulation was to control
storage. The idea was to have a separation between what is stored and the fence. rt is
a controlling feature with having everything on a hard surface. rn this case the blocks
would be away on the side, and he can understand that. But he thought that blocks on a
pallet could be put in the back corner. rt may take up a parking stall for a trailer
but would still allow room for emergency vehicles.
Mr. �und stated they do have landscaping on the north 20 feet and to the east for 15
feet.
Ms. Modig stated another company in the area asked for a variance to display snow plow
equipment and the city did not allow it because this was not in keeping with the code.
Now they just keep the gate open. This area has the appearance of having storage gates
open and outside storage. The stipulations for this request are similar to those
originally required. she is concerned that the stipulations will be ignored.
Mr. oquist stated, while he agreed with the comments, the discussion is academic. The
concern about the storage of the cement blocks should be taken care of on the special
use permit granted a year ago. �.v.�. Transport does not have any storage outside. The
discussion concerns Rite-way Mobile Home Repair. D.V.L. Transport knows the
stipulations for their storage and they must live up to that stipulation. staff has to
deal separately with Rite-way and the issue of outdoor storage.
Mr. �. Theede stated all of their storage is inside. They have been checked by the EPA.
The only thing they would have outside is trucks.
Mr. oquist stated the first stipulation states the motor vehicles stored outside shall
not exceed 15 feet in height.
Mr. �. Theede stated the legal height is 13 feet 6 inches so this is not a problem.
Mr. �und stated he would work with staff concerning the cement blocks.
MOTION by Ms. savage, seconded by Mr. saba, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION
CARRIED AND THE PUBLIC HEARING CLOSED AT 8:05 P.M.
commission members has no further comments. Mr. Kondrick asked for a motion regarding
special use Permit #95-11 by North country collectibles.
PLANNING COMMISSION MEETING, JANUARY 3, 1996 PAGE 6
MOTION by Mr. saba, seconded by Ms. savage, to recommend approval of special use Permit,
sP #95-11, by North country collectibles, to allow repair garages within industrial
buildings on �ot 2, Block 1, central view Manor 3rd Addition, generally located at 1175
-73 1/2 Avenue N.E., with the following stipulations:
1. owner shall provide adequate parking on-site for uses within the building. rf
parking demand exceeds parking accommodations, a modification of the rear
parking/storage area may be required.
2. Any new lighting associated with this use shall be downcast security/safety
lighting and shall not exceed a footcandle measurement deemed appropriate, by
city staff, for the specific location.
3. The completed/approved (Rite-way) site plan including all code required elements
such as: concrete or asphalt parking surfaces, 66-18 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. No outdoor portion of this M-1 property shall be utilized for display or sales.
5. �rive aisles shall be provided and kept free of vehicles to allow circulation and
access for police and emergency vehicles.
6. �eliveries to the retail operation shall be done in a manner that does not
disrupt parking or entrance to other businesses within this complex.
7. All signs shall be consistent with the comprehensive building sign plan approved
by the city council.
8. 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 permit.
9. owner shall provide information about 30% maximum retail to present and future
retailers in complex so that they are aware of the limited expansion potential
for retail within the building.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mr. Hickok stated the city council would consider this request on �anuary 22.
commission members has no further comments. Mr. Kondrick asked for a motion regarding
special use Permit #95-12 by D.v.�. Transport.
MOTION by Mr. sielaff, seconded by Ms. Modig, to recommend approval of special use
Permit, sP #95-12, by �.v.�. Transport to allow repair garages within industrial
buildings on �ot 2, Block 1, central view Manor 3rd Addition, generally located at 1175
-73 1/2 Avenue N.E., with the following stipulations:
1. Motor vehicles stored outside shall not exceed 15 feet in height.
2. screening materials are provided as in section 205.17.06.G(1)(a).
3. Motor vehicle storage is conducted as provided in section 205.17.07.�(5).
4. �ighting 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.
5. The completed/approved (Rite-way) site plan including all code required elements
such as: concrete or asphalt parking surfaces, 66-18 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.
PLANNING COMMISSION MEETING, JANUARY 3, 1996 PAGE 7
6. No outdoor portion of this M-1 property shall be utilized for display or sales.
7. �rive 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 setback
requirements from any street property line.
10. All signs shall be consistent 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 permit.
12. No outdoor repair of motorized or non-motorized vehicles shall be permitted.
13. All existing outdoor storage shall be moved to hard-surfaced parking area, stored
indoors, or removed from site completely.
14. The rear area screening gate shall be kept closed to provide adequate screening
between storage area and the public right-of-way.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Mr. Hickok stated the city council would consider this request on �anuary 22.
2. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF DECEMBER 7,
1995:
MOTION by Mr. oquist, seconded by Mr. saba, to receive the minutes of the Human
Resources commission meeting of �ecember 7, 1995.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY.
3. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF DECEMBER 19, 1995:
MOTION by Ms. savage, seconded by Mr. sielaff, to receive the minutes of the Appeals
commission meeting of �ecember 19, 1995.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY.
4. OTHER BUSINESS:
Mr. Hickok stated, regarding the special use requests, Ms. Modig made a good comment
regarding the surrounding uses in the area. This site evaluation provided an
opportunity for staff to look at some of the surrounding uses. As a result, staff has a
list of numerous items which will be followed up by the code enforcement officer. These
items are now on a schedule with a deadline for correction.
ADJOURNMENT
MOTION by Mr. Mr. saba, seconded by Mr. oquist, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION
CARRIED AND THE JANUARY 3, 1996, PLANNING COMMISSION MEETING ADJOURNED AT 8:10 P.M.
Respectfully submitted,
PLANNING COMMISSION MEETING, JANUARY 3, 1996 PAGE 8
�avonn Cooper
Recording secretary