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PL 06/18/1997 - 30843,� CITY OF FRIDLEY PLANNING CO1�Il��IISSION MEETING, JONE 18, 1997 CALL TO ORDER: Chairperson Savage called the June 18, 1997 Planning Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Larry Kuechle, Connie Modig Members Absent: Brad Sielaff Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Todd Mosher, Greenberg Farrow Architects, 1101 Perimeter Drive, Schaumburg, IL Vern Taber, Home Depot, 5650 Main Street, Fridley APPROVAL OF JUNE 4, 1997 PLANNING COMMISSION MINUTES: n MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to approve the . June 4, 1997 Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TEE MOTION CARRIED UN1�i1�TIMOUSLY . l. (Tabled from 6/4/97 meeting) PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT, SP #97-02, BY HOME DEPOT USA, INC.: To allow nurseries or garden centers which require outdoor sales and storage on Lot l, Block 1, Home Depot Fridley Addition, generally located at 5650 Main Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CEAIRPERSON SAVAGE DECLARED THE MOTION CARRIED 1�i1�iD TgE pUgI,IC gEARING OPENED AT 7:40 P.M. Ms. McPherson stated that prior to the staff presentation, staff � would like to present a short videotape of the Maplewood Home Depot location, showing a similar outdoor sales area as that requested by the petitioner in Fridley. Ms. McPherson stated that � PLANNING CO1�Il�IISSION MEETING, JUNE 18 , 1997 PAGE 2 the video was created prior to the May 7, 1997 Planning Commission meeting. The video showing the Maplewood Home Depot store was presented. Ms. McPherson stated that while the video was taped early in April or May, recent site inspections by staff have revealed that the conditions have not changed significantly since that time. Mr. Hickok brought attention to the vehicular movement and the storage of treated lumber at the Maplewood site during the video presentation. He also stated this the Maplewood store's garden center has many similarities to the F�idley store. Ms. McPherson stated that the petitioner, Home Depot, is requesting a temporary garden sales area to be allowed in the southeast corner of the parking lot. The proposed sale time would be from the 4th week of April to the l9t week of July each year. Ms. McPherson stated the proposed sale area is 22,000 square feet, or 100' x 220'. Ms. McPherson stated that Home Depot is located at the �� intersection of Main Street and 57th Avenue, with approximately 11.68 acres in area. The property is zoned C-3, General Shopping Center, and is surrounded on all sides by M-2, Heavy Industrial zoning. The City rezoned the property from industrial to commercial to allow construction of the Home Depot store in 1994. Ms. McPherson stated that Home Depot has a garden sales area which is constructed as part of the Home Depot facility. This garden sales area is 27,972 square feet. The original special use permit to allow the garden center stipulated that no garden sales were to occur outside of the garden sales area. Staff's position is that any additional sales should be integrated as part of the building. Ms. McPherson stated that staff's recommendation to the Planning Commission is that it recommends denial of the request to the City Council for the following reasons: 1. The request is contrary to the original special use permit for garden center sales. 2. The request occupies a significant amount of parking area. 3. The request creates traffic conflicts with pedestrians. Ms. McPherson stated staff's alternative would be to construct ,� some type of enclosed area along the front of the facility or to expand the existing garden sales area to accommodate the � PLANNING CONalISSION MEETING, JUNE 18, 1997 PAGE 3 additional sales requirement, similar to what was required of Wal- Mart in 1994. Ms. Savage asked if there were any similar businesses in Fridley that have garden sales in the parking lot. Ms. McPherson stated that the only similar request would be the Target store, which received a special use permit prior to the Wal-Mart request in 1994. The Wal-Mart request has set a precedent requiring that garden sales be integrated as part of the overall building design. Ms. Savage asked if Wal-Mart requested garden sales in the parking lot. Ms. McPherson stated yes. Wal-Mart did request garden sales in the parking lot, and staff approved them one year of sales with the stipulation that the following year the sales must occur within an expanded garden center area, which they did comply with. Ms. Modig stated that Menards used to have the same thing and they �, have discontinued that. Ms. McPherson stated that was correct. Mr. Oquist asked if this would be seasonal, and would be only good from the 4th week of April through the lst week of July. Ms. McPherson stated that since this request would not be considered by the City Council until the first meeting of July, this years' sales will not occur in the parking lot, so this special use permit would become effective in 1998 if approved. Mr. Oquist asked if this could be a seasonal request or would it need to be approved on a yearly basis. Ms. McPherson stated a stipulation stating it is valid for a one year growing season could be approved. Special use permits are typically approved to run with the property, so a stipulation would need to be approved to require annual approval of seasonal sales. Mr. Saba asked if the garden center that was shown on the video sells for the same period of time or if it was permanent feature of the store. Ms. McPherson stated that was a good question for the petitioner, � however, in other communities that were surveyed which have Home Depots and have issued some type of seasonal sales stipulations, � PLANDTING CONIl�ISSION MEETING, JUNE 18, 1997 PAGE 4 they do limit the amount of time of the sales. Mr. Mosher presented a site plan showing the Fridley Hom� Depot store and the existing garden center, and indicated the traffic circulation patterns. He stated this request was for a temporary, seasonal sales area for the 4th week of April through the lgt week of July. He stated that in Fridley, there is an abundance of parking spaces available, which dictates the size of the requested temporary garden sales area. Mr. Mosher described some of the items which would be sold in the temporary garden sales area and explained the proposed circulation of the sales area. Mr. Mosher stated that as far as staff's recommendation of denial is concerned and the three points that were mentioned earlier, it is true that the proposed garden area occupies a significant amount of the parking area, but it does not impact the parking ratio. Mr. Mosher believes that there is no conflict in terms of traffic or pedestrian crossing than currently exists. Mr. Mosher stated that as far as the comment to the original special use permit, it is true that it does not permit the sale or n display of plant materials outside of the existing garden center. What Home Depot is hoping to do is to extend the garden center in an effort to comply with that stipulation and consider this as temporary and seasonal which would be within the confines of the garden center and essentially comply with the stipulation of no outdoor sales. Mr. Mosher stated that in closing, a large part of Home Depot's business is the annual sales of lawn and garden materials. This is the bread and butter of their annual sales. They would like to make sure that they can meet the peak demand for product by do-it- yourself-ers in the area. He stated that the window of oppt�rtunity is very short. Mr. Mosher stated that he wished to introduce Vern Taber, who is the new Fridley store manager. Mr. Kondrick asked if the fence is erected around this area would be permanent. Mr. Mosher stated that it would be a temporary fence. He stated metal sleeves would be installed in the parking lot in which the fence pole would be inserted. Mr. Kondrick asked if there were plans to sell fertilizers or any kind of plant materials that would contaminate the water drainage �"'� occurring at the site. � PLANNING CO1�lISSION MEETING, JUNE 18, 1997 PAGE 5 Mr. Mosher stated it would not be under cover. It was his understanding that the fertilizers that they currently have in the garden center are not under any cover. Mr. Taber stated that they would like to store fertilizers and topsoil in the seasonal sales area. They are products that they have difficulty maintaining adequate quantities of to meet the demand of the customers. He presented sales information regarding the sales amounts of a variety of products. Mr. Taber stated that looking at the video of the Maplewood store, he agreed that it is embarrassing. It is a pretty ugly eyesore, and he committed that he would not have that kind of eyesore here in Fridley. He stated that whoever was in charge of inerchandising at the Maplewood store over ordered or didn't care what items looked like. What he proposes to do is to create a single level of inerchandise so as to not create an eyesore and make it easy for the customer to shop. Mr. Taber stated that the garden center sales window is very short in Minnesota when compared to California where he is from. That n is the reason that they are asking for only a temporary sales permit. He stated that he had difficulty finding a good variety of items at other stores, Home Depot and K-Mart were the only stores to have good varieties and selections of plant materials. Mr. Kondrick asked if the petitioners would be�opposed to a stipulation that limited the stacking of inerchandise to six feet high. Mr. Taber stated they would not be opposed to that kind of stipulation. Ms. Modig asked what kind of security would be used. Mr. Taber stated a rollaway gate with a chain lock on the outside. Any losses that they may have are nominal. They also have lights in the parking lot at night. Ms. Modig stated she was more concerned with vandalism rather than stealing. She was especially concerned with bags of materials like manure or bark being broken and scattered around and possibly ending up in the storm sewer. Mr. Taber stated that a cyclone fence six feet in height would discourage vandalism. ,�"`1 Ms. Savage asked why Home Depot stipulated that there would be no outdoor sales of plant materials outside of the garden center and � PLANNING CON�lISSION MEETING, J'UN� 18 , 1997 PAGE 6 are now before the Commission requesting additional garden sales area. Mr. Taber stated that Home Depot did not conceive what kind of garden center demand there would be in a short period of time. They simply cannot provide enough goods for the public for what the demand is. He agreed that the existing garden center is huge, but it does not meet the demand of the customers. Ms. Savage asked what Home Depot's reaction would be to the alternatives which are recommended by staff in terms of expanding the garden center. Mr. Taber stated that in the winter, the garden demands are almost nonexistent. If Home Depot constructed another permanent structure, it would be an additional cost for Home Depot to maintain above and beyond the existing building. This would be a negative in the profit and loss column. Mr. Mosher stated that Home Depot is only asking to conduct the seasonal sales during the "peak" demand time. Ms. Savage stated that she understood that, but Home Depot was asking for that to occur every year. Mr. Saba asked if it was correct that the City does not allow fertilizers and pesticides be stored outside, even if it was covered. Ms. McPherson stated that was correct. Mr. Taber stated that Home Depot would be flexible and keep potentially hazardous items in the building to reduce their environmental impact. Mr. Saba stated that the Commission was concerned about the environment and would like to limit possible contamination from pesticides, herbicides and other like products. Mr. Kondrick stated his concern was placing the structure in the parking lot. The parking lot was designed for a certain number of parking spaces. He was concerned by the loss of parking. Mr. Mosher stated that Home Depot originally proposed a third building in the northeast corner of the development. Home Depot conceded this area to parking and therefore they have 86 spaces extra. Even with the temporary garden sales structure, there r"� still is an additional number of spaces. � PLANNING CONIl�IISSION MEETING, JUNE 18, 1997 PAGE 7 Ms. Savage asked if bags of topsoil just outside of the garden center would be permitted. She stated that Lyndale Garden Center stores its topsoil outside of its fence. She asked if this was permitted. Mr. Hickok stated that that is not permitted. No garden sales are to occur outside of the confines of the garden center. Ms. Savage asked for similarities or differences between the Home Depot and Wal-Mart requests. Ms. McPherson stated that the Wal-Mart store is required to sell their garden materials either in the store or in the enclosed garden center area. There have been several occasions where the City had to remind Wal-Mart of those requirements. Ms. Savage asked if the City allowed Wal-Mart to temporarily sell merchandise in the parking lot. Ms. McPherson stated that the City granted a temporary seasonal sale in 1993. They sold plant materials and bagged items such as n topsoil and landscape rock and bark, but no fertilizers were allowed outdoors. However, that was only for one year. Staff required Wal-Mart to expand the permanent garden center, which they did in 1994. Mr. Kuechle asked if the Wal-Mart garden center had a roof over it. Ms. McPherson stated that it did not, however a portion of it had a screening structure and that they do erect a hoop house each year. Mr. Hickok pointed out that Wal-Mart was allowed a parking lot sale in 1993 with their commitment to expand the permanent garden center. Wal-Mart also experienced difficulty in merchandising when they first came to Fridley. Merchandise would be stored outside in dropped trailers. Wal-Mart constructed a permanent screening enclosure in the rear of the store to screen this merchandise. Outdoor storage and display at Wal-Mart are not permitted. Mr. Kuechle asked if there was the possibility of a five year approval on this type of outdoor sales request. Ms. McPherson stated that would be within the City's ability to place a time limit on such a request. �1 Mr. Hickok stated that it would be very important for the time �...� PLP,NNING CONIl�IISSION_ MEETING, JUNE 18, 1997 PAGE 8 limit to be tied to a performance evaluation. Mr. Saba stated he had a concern with past performance with Home Depot. A stipulation was approved with the original special use permit to not allow outside storage and display, but�yet now there is a request for additional outdoor display and sales. The City had a difficult time getting Home Depot to remove their outdoor displays of inerchandise. He wondered what kind of enforcement would the City have if the request for temporary seasonal sales was approved. Mr. Hickok stated that was a.concern of staff as well. He stated that a recent inspection showed that outdoor storage, display, and sales are happening now at this site. He is concerned about follow-up enforcement and adherence to stipulations that have already been placed on this property. Mr. Saba stated that it would be wiser for the City to seek performance first and then approve additional activity than to approve the activity and seek compliance later. n Mr. Taber stated he has a clear understanding of how the City feels and has every intention of following the City's regulations. He stated that when he first arrived at the store, it was a mess both inside and outside. He stated he would be happy to listen to any issues or concerns the City may have. He was unable to commit to a specific length of time. Mr. Saba stated that the Commission was somewhat embarrassed by the performance of Home Depot after the Commission had fought long and hard over the objections of staff and the neighbors to approve the project. This approval was based on commitments made by Home Depot corporate representatives. Mr. Mosher stated that he was involved in the earlier approval process and that Home Depot is a young company that is still evolving. He stated that the original stipulations committed to by the real estate departments were not communicated well to the store managers. Mr. Taber stated that when they are allowed to have merchandise outdoors, they can become very aggressive. It almost becomes a carnival-like atmosphere with children building birdhouses or planting trees. Ms. Modig had a question about parking spaces. She stated in the staff report it stated that a significant amount of parking spaces n would be occupied by the structure, but by the petitioner's figures the parking would be more than ample. It is a r,-1 PLANNING COHIl�II S S ION MEETING , JUNE 18 , 19 97 PAGE 9 contradiction to each other. Mr. Hickok stated the parking that would be impacted by the proposed garden center area is four rows at 220 feet, with parking stall width of ten feet, that would be 22 stalls times four, which is eighty eight stalls to be taken away. He agreed that there is a lot of parking, however, there is an open parking arrangement with PetSmart to the north. He stated it is a combination of issues that concerns staff and not merely numbers of stalls. Staff is concerned with the appearance of the after thought of the garden center in an area that was originally dedicated to parking. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CEAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UN1�1�iIMOUSLY . Ms. Savage stated that she had a lot of concerns regarding this request. She was concerned about the precedent the Commission would be establishing if they approved this request. They would � open the flood-gates to future seas.onal parking lot sales. Ms. Savage stated that there has been an effort to improve Fridley's image, and that outdoor parking lot sales are the direction the city wants to go. She was pleased that Wal-Mart was required to integrate their sales into the building. Mr. Kondrick stated that the staff report mentions other communities where Home Depots are located. Not one community allows the request being asked by the petitioner. He questioned why Fridley was being singled out. He stated that if the Commission approved the request, no outdoor storage of chemicals should be allowed. He concurred with Ms. Savage's comments. Mr. Saba stated that the commitment made by the store manager should be the commitment made by the CEO and in the mission statement to respect community rules, regulations, and requirements. He stated that he was concerned about what would happen in the future. He would vote no until he could see some performance and commitment by the corporate level to the agreements previously made. Mr. Oquist stated that he agreed with Ms. Savage's comments regarding precedent. He was also concerned with the fact that the Commission was being asked to approve something today that would not be implemented until next year. He too would like to see � improved performance and commitment to previous stipulations prior to granting additional activity on the site. The time frame for �1 � %�i PLANNING CO1�lISSION MEETING, JON� 18, 1997 PAGE 10 this year is gone. Ms. Modig stated that she agreed with the comments of the other commissioners. She stated that this request is contrary to what the city is trying to accomplish. Nothing from past history supports the commitment the new store manager has made tonight. MOTION, by Mr. Kondrick, seconded by Mr. Saba, to recommend to the City Council denial of Special Use Permit request, SP #97-02, by Home Depot USA, to allow nurseries or garden centers which require outdoor sales and storage on Lot 1, Block 1, Home Depot Fridley Addition, generally located at 5650 Main Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. DISCUSSION OF 1997-1998 COMPREHENSIVE PLAN PROCESS Ms. McPherson stated that the City is required to update it's Comprehensive Plan by December 31, 1998. To that end, the City Council and Planning staff.have agreed upon a process to involve resident input in the Comprehensive Plan process. Ms. McPherson stated the City has been divided into seven planning areas, and the Planning Commission will conduct a planning area meeting for each area from now until December 31, 1997. The first planning area meeting will be conducted at the July 16, 1997 Planning Commission meeting. Prior to the planning area meeting, a citizen survey will be mailed to the residents within each planning area to gather input for the purposes of discussion at the meeting. Ms. McPherson reviewed the questions on the citizen survey. Ms. McPherson stated that once the planning area meetings have been completed, the Commission will begin work on reviewing the existing Comprehensive Plan to determine if the goals, objectives, and policy stated in the 1980 Plan are pertinent for the City during the.next ten years. A second set of planning area meetings will occur in 1998 to review the comments gathered, the new goals and policies established, and the overall vision for the next ten years. Ms. McPherson asked if there would be any scheduling conflicts. Commissioners Savage and Kuechle indicated that they would be absent for the August 20, 1997 meeting. Ms. Savage asked if all the residents in the area would be ^ PLANNING CO1�lISSION MEETING, JUNE 18, 1997 PAGE 11 contacted. Ms. McPherson stated that would be correct. Mr. Oquist asked when the first survey would be mailed. Ms. McPherson stated the first mailing would go out June 27, 1997. Mr. Kuechle asked to see a copy of the survey form. The survey form was passed to the commission members. Mr. Oquist asked if business owners could respond even if they were not residents. Ms. McPherson stated yes. Mr. Saba suggested that staff �ask about more general problems in their neighborhood. Mr. Oquist suggested asking parallel questions about the neighborhood and the city. � Ms. McPherson stated that the purpose of the survey was to determine issue areas as opposed to site specific complaints. Ms. Modig asked about the Values First Neighborhood Signs. Ms. McPherson explained the Values First Program. Mr. Saba suggested that a Values First banner should hang behind the Council bench. Mr. Oquist asked why staff is using essay versus ranking question. Ms. McPherson stated that the City Manager will be doing a ranking survey in the fall. The essay questions allow the residents to be more expansive and to determine what is important to them. In a ranking sur'vey, staff would need to determine what were the important questions to ask. 3. VIDEO PRESENTATION OF 1998 GOALS & OBJECTIVES Ms. McPherson stated that Barbara Dacy, Community Development Director, for the June 2, 1997 City Council Conference meeting regarding the 1998 budget prepared a nine minute video presentation regarding the Community Development Department's 1998 Goals & Objectives. � Ms. McPherson stated that staff felt the Planning Commission would n PLANNING CONIl�lISSION MEETING, JZJN� 18 1997 PAGE 12 be interested in reviewing such a video and is prepared to present a video this evening. The Planning Commission watched the video presentation regarding the 1998 Community Development Department's Goals & Objectives. Mr. Kuechle asked what a Point of Sale Ordinance was. Ms. McPherson stated that a Point of Sale Ordinance would require all homes to be inspected at the time of their sale. The ordinance may require reporting only, correction of hazardous items only, or correction of all items noted as deficient. Mr. Saba stated that the video indicated development of a city brochure. He indicated a good example of a city brochure would be Maple Grove's city brochure. 4. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF MAY 8, 1997 MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes ^ of the Housing & Redevelopment Authority meeting of May 8, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CEAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNp,NIMOUSLY. 5. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING OF MAY 20, 1997 MOTION by Mr. Saba, seconded by Mr. Kuechle, to receive the minutes of the Environmental Quality & Energy Commission meeting of May 20, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CEAIRPERSON SAVAGE DECI�ARED THE MOTION CARRIED UNANIMOUSLY.. 6. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 28, 1997 MOTI01� by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes of the Appeals Commission meeting of May 28, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT � MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. n PLANNING CO1rIl�lISSION MEETING, JUNE 18, 1997 PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE, CEAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND TEE JUNE 18, 1997 PLANNING CONIl�RISSION MEETING ADJOURNED AT 9:28 P.M. Respectfully submitted, `_�� 1��cC ���� L����l,-� �� :- c� 7 %�c� Michele McPherson Staff Liaison to the Commission � � � � � S I G N— IN S H E E T PLANNING COMMISSION.MELTING, Gfednesday, June 18., 1997 .