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10/16/1996 - 00003665CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 16, 1996 CALL TO ORDER: Chairperson Savage called the October 16, 1996 Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Connie Modig, Larry Kuechle Members Absent: Dean Saba, Brad Sielaff Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant James A. Fehling, Fehling Agency R. A. Stinski, 1612 E. Berne Circle N.E. John Mely, 14945 Crow River Drive, Rogers Brian Sullivan, 2625 - 172nd Avenue N.W., Andover APPROVAL OF OCTOBER 2, 1996 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to approve the October 2, 1996, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. l. PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #96-02, BY NOAH'S ARK: To amend the Fridley City Code, Chapter 205, entitled "Zoning", by amending Sections 205.07.O1.C.(8), 205.08.O1.C.(8), 205.09.O1.c.(7) „ and 205.14.O1.A.(14), to provide parking standards for hospitals, nursing homes, convalescent homes, and home for the elderly. Ms. McPherson stated the petitioner had not yet arrived and suggested discussion first of item #4, Proposed Fair Housing Ordinance. 2. PROPOSED FAIR HOUSING ORDINANCE Mr. Hickok stated the City is committed to adopt a fair housing ordinance as part of the settlement agreement with the Sylvan Oaks Tenants Association. In preparation of the Southwest Quadrant project, the City demolished a number of buildings. As part of that demolition, there was a challenge and ultimately a settlement with the Tenants Association. In the settlement, the City stipulated they would adopt an ordinance that would assure the City PLANNING COMMISSION MEETING, OCTOBER 16, 1996 PAGE 2 protects all classes of people and that the City would investigate the best way to do that. The City did investigate with Mr. Knaak, City Attorney, and also with Jodee Kozlak, Greene Espel, who represented the City in the case with the Tenants Association. Mr. Hickok stated the ordinance incorporates by reference the standards of the Federal Fair Housing Act and the Minnesota Human Rights Act. The City would assure that the ordinance was in place to protect unlawful activities of an owner as they lease, sublease or manage their unit; and under the ordinance an owner cannot refuse to sell, rent, or lease housing from any person or group of people because of their race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status. Mr. Hickok stated staff, along with the legal staff, has analyzed the language of these acts and are comfortable with it. The City would have the ability to use a larger pool of enforcement and do have some backing from both State and Federal agencies. Staff recommends approval of the fair housing ordinance as included in the agenda packet. The Housing & Redevelopment Authority has reviewed the proposed ordinance and have recommended approval. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend approval of the proposed Fair Housing Ordinance as presented by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #96-02, BY NOAH'S ARK: To amend the Fridley City Code, Chapter 205, entitled "Zoning", by amending Sections 205.07.O1.C.(8), 205.08.O1.C.(8), 205.09.O1.c.(7) „ and 205.14.O1.A.(14), to provide parking standards for hospitals, nursing homes, convalescent homes, and home for the elderly. MOTION by Ms. Modig, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:38 P.M. Ms. McPherson stated the zoning text amendment is the result of a request by Noah's Ark to construct a senior/elderly independent living structure at the intersection of 83rd Avenue and the West University Avenue service drive. The parcel is zoned C-2, General Business. Homes for the elderly are a permitted use in that district. PLANNING COMMISSION MEETING, OCTOBER 16, 1996 PAGE 3 Ms. McPherson stated the purpose of the zoning text amendment is to define what the City means by homes for the elderly since there are also nursing homes and assisted living buildings which provide a different level of care than nursing homes. There are also independent living senior buildings which are apartments for seniors with limited services provided. Ms. McPherson stated the zoning code does not recognize the modernization and diversification of the senior housing market. Staff is proposing to provide some specific parking ratios for senior buildings which recognizes the fact that, as seniors age in place, the number of vehicles usually decreases and could eventually be eliminated. Currently, the ordinance for multiple family dwellings are based on a rate of 1.5 parking spaces for each one bedroom and an additional .5 parking space for each additional bedroom. Staff is suggesting for convalescent homes the rate be one space for every four beds and three spaces for each four employees on a shift. For independent living facilities, staff is recommending one space per unit with 500 of the spaces enclosed. They have a caveat that states, "If the City determines the building may be converted to market rate, then the number of stalls shall be based on the number of bedrooms as calculated in the current code". For assisted living facilities, the recommendation is 0.5 space per unit. Ms. McPherson stated, in reviewing the requirements of other cities for these types of facilities, staff found the requirements were all over the board. Some cities have no requirements for senior buildings. Others have one space per unit. Others require meeting the general standard but then say they can put in less if there is enough room to meet the general requirements. The .5 space per unit for assisted living facilities is based on the petitioner's historical experience. The one stall per unit for senior independent housing is consistent with those communities that do have parking ratio requirements. Nursing homes requirements also vary widely. There are a number of different ratios. Some are based on the number of beds, the number of employees, etc. The recommendation as presented by staff seems to be the middle of the road. Ms. McPherson stated staff recommends approval of the zoning text amendment to add the following parking ratios for convalescent homes and homes for the elderly: Convalescent Homes - One space for every four beds and three spaces for every four employees on the largest shift. Independent Living Facilities - One space per unit, with 500 of the stalls enclosed. If the building is convertible to market rate, then the number of stalls shall be based on the number of bedrooms. PLANNING COMMISSION MEETING, OCTOBER 16, 1996 PAGE 4 Assisted Living Facilities - One-half space per unit. Mr. Oquist asked if this takes into consideration not only resident parking but also visitor parking. Ms. McPherson stated there was only one community that required visitor spaces in their ratio calculation. That acknowledgment was one space for the first 10 units and .25 space for every unit of 10 above that. If the Commission wanted to add an additional acknowledgment to the proposed ratio for visitor parking, that would be up to the Commission. Mr. Kondrick stated this did not seem like that many spaces for visitors. Mr. Kuechle stated, when looking at one space for every four beds, we must consider that not very many residents have cars. The independent living is one space per unit. Mr. Kondrick stated it seemed fair for the residents. There seems to be a need for visitor parking. Using the visitor parking ratio mentioned, a building with 30 units would require 1.5 parking spaces for visitors. That does not seem right. Ms. McPherson stated the requirement is for one space per unit is for the residents in the building plus spaces in addition to that for visitors. Mr. Oquist stated he did not have a problem with the ratio for residents. It is possible that only 300 of the residents living in the building will have a vehicle. His mother-in-law lives in a similar type of building and he has never experienced problems finding a parking space. Mr. Savage agreed that this may well be the situation in all the buildings. Ms. Modig asked what was meant when talking about converting the building to market rate. Ms. McPherson stated, for example, if a building was a subsidized building originally built for independent living seniors and 20 years later, the subsidy ran out or expired and the building was converted to general market, then we would require more spaces. Ms. Modig stated, if the building is converted to market rate, we would then require more spaces. If now only one space per unit is required, we are saying they cannot do anything with that property because they do not have enough parking spaces. PLANNING COMMISSION MEETING, OCTOBER 16, 1996 PAGE 5 Ms. McPherson stated, by requiring that clause, if someone selects a property and starts a senior building and then sells it to someone else, that person would not be able to convert to a different type of building unless they can provide the spaces. Mr. Kuechle asked what the experience had been regarding parking at Village Green. Ms. McPherson stated, to her knowledge, they have never had a parking problem. She did not know what that parking ratio was. The Norwood Square building was required to provide the general market requirements that were in place in the code. They only installed the minimum of one space per unit and they have not had any parking problems. Ms. Modig stated she has a relative in a highrise building in St. Paul with a small parking lot. When visiting, they never had problems finding a parking space even during the holidays. Mr. Hickok stated he asked the petitioner what happens during holidays. The petitioner stated that typically there are not a lot of holiday events. They will get a scattered number of families, but generally the residents go out. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend approval of the text changes as recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #96-03, BY ROLAND STINSKI: Per Section 205.16.O1.A.(1) of the Fridley City Code: l. USES PERMITTED A. Principal Uses. The following are principal uses in CR-1 Districts: (1) Professional office facilities including real estate, lawyer, architectural, engineering, financial, insurance, professional jewelry services, and other similar office uses. PLANNING COMMISSION MEETING, OCTOBER 16, 1996 PAGE 6 MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:53 P.M. Mr. Hickok stated the request is for a text amendment. The petitioner is asking for a text amendment to allow a professional jewelry store in a professional office building. The proposal would allow a modification of the CR-1, General Office District, to allow a certain amount of retail in an office space such as this. Along with Mr. Stinski are Mr. Sullivan and Mr. Mely who are gemologists and professional jewelers who are interested in the space now occupied by an insurance company on the main floor. The area is set up to have a number of private office spaces and, as described by the petitioners, would incorporate some retail space in what is now the lobby. Mr. Hickok stated staff visited a complex located at I-394 and Highway 100 where they have a main floor jewelry operation similar to that proposed. Staff found this facility to be an interesting mix. The use itself without the showcases is truly an office use. It has private consultation rooms for those interested in buying diamonds, rooms with microscopes for the gemologists, general office space, and the retail area is the equivalent of a lobby with glass showcases. Mr. Hickok stated, as staff evaluated the history and purpose of this zoning district, staff also looked at where the district is located. The property is located north of I-694 and east of Highway 65. The CR-1 was meant to transition from industry and commercial to other uses. This is a passive use with not a lot of impact beyond the property line. Staff evaluated whether or not a small retail operation would have impacts. Staff determined there may be things such as signs, separate doors, etc., that would take it away from a professional office building appearance. With that, staff recommends approval of the text amendment as a special use in the CR-1 district, with the following stipulations: l. Retail jewelry sales shall be incidental to other permitted uses and shall not comprise more than 25 percent of the floor area of the principal uses space. 2. All signage shall be consistent with that allowed in the district. 3. Entrance to the retail sales area shall be through the space of the principal use, not through a separate entrance. Mr. Oquist asked if there was enough parking to accommodate this use along with the rest of building. PLANNING COMMISSION MEETING, OCTOBER 16, 1996 PAGE 7 Mr. Hickok stated the building has 89 spaces with 88 required. Based on their experience, they feel they have adequate space within the existing parking. Mr. Oquist asked what the signage would be limited to. Mr. Hickok stated, in the CR-1 district, the building itself has its identifying sign. For a freestanding sign, it is a monument sign which has less of an impact as opposed to a pylon sign . The amendment would say the jewelry business would not have its own separate signage. If the office building wanted to use some of its building sign, they can do that but not on a separate sign. Ms. Savage asked if the petitioners had any problems with the stipulations. Mr. Sullivan and Mr. Mely stated they had no problem with the stipulations and that they had no additional comments. Mr. Kuechle asked if they had any problems with the sign requirements. Mr. Sullivan stated they are okay within the parameters. Mr. Oquist asked if there would be a need for such things as special sale signs, etc. Mr. Mely stated this would not be used with their business. Mr. Stinski stated he was the owner of the building. He assured there would be no other signage then what is appropriate. He is very particular about who they have in the building. There will be no additional signs. They will be nice tenants and an asset to the building. Mr. Fehling stated his family has had an insurance business in Fridley for over 30 years. Mr. Mely is a client of theirs and they have done a lot of business with him and have done a lot of business with Continental Diamonds. As a character assessment, he thought they would be a positive influence. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:04 P.M. Mr. Kondrick stated he had no problem with the request. This is a nice building in a good location. PLANNING COMMISSION MEETING, OCTOBER 16, 1996 PAGE 8 Mr. Oquist asked, because this is a jewelry store, do the police have any issues. Mr. Hickok stated the police are aware of the request and had no specific stipulations. Mr. Stinski stated he has references from the police in the City of Blaine. Mr. Kondrick stated such a business would have valuable products. Is security part of their responsibility? Ms. Savage stated the police would patrol that area. Mr. Stinski stated the building has an alarm system that rings directly to the police department. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to recommend approval of Zoning Text Amendment, ZTA #96-03, by Roland Stinski, with the following stipulations: l. Retail jewelry sales shall be incidental to other permitted uses and shall not comprise more than 25 percent of the floor area of the principal uses space. 2. All signage shall be consistent with that allowed in the district. 3. Entrance to the retail sales area shall be through the space of the principal use, not through a separate entrance. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would the amendment on October 28. If approved, the petitioner would then be asked to come through with their specific special use permit. 5. PUBLIC HEARING: CONSIDERATION OF A WETLAND REPLACEMENT PLAN, WR #96-01, BY NOAH'S ARK: To fill 9,356 square feet of type PEMC wetland and replace with same on site; 83rd and University Avenue. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to table consideration of a Wetland Replacement Plan, WR #96-01. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF SEPTEMBER 9, 1996 PLANNING COMMISSION MEETING, OCTOBER 16, 1996 PAGE 9 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the Parks & Recreation Commission meeting of September 9, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF SEPTEMBER 12, 1996 MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the minutes of the Housing & Redevelopment Authority meeting of September 12, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok provided an update of City Council actions. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE OCTOBER 16, 1996, PLANNING COMMISSION MEETING ADJOURNED AT 8:12 P.M. Respectfully submitted, Lavonn Cooper Recording Secretary