The URL can be used to link to this page

PL 11/17/1999 - 7039� CITY OF FRIDLEY I_Tt7�►11� PLANNING COMMISSION MEETING WEDNESDAY, NOVEMBER 17, 1999, 7:30 P.M. -------------------------------------------------- -------------------------------------------------- LOCATION: CITY COUNCIL CHAMBERS FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MTG. MINUTES: November 3, 1999 1. PUBLIC HEARING: Consideration of a Vacation, SAV #99-07, by Medtronic Inc., to vacate drainage and utility easements to clear the title of land for replatting, generally located in the vicinity along Carrie Lane and the northeast comer of the Medtronic campus. 2. PUBLIC HEARING: Consideration of a Lot Split, LS #99-04, by Gary Wellner, to divide the property in half leaving one buiiding site per building, generally located at 5361 6�' Street NE. ^ 3. RECEIVE THE MINUTES OF THE OCTOBER 14. 1999. HOUSING AND REDEVELOPMENT AUTHORITY MEETING. 4. RECEIVE THE MINUTES OF THE OCTOBER 19. 1999, ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING. 5. RECEIVE THE MINUTES OF THE OCTOBER 4. 1999. PARKS & RECREATION COMMISSION MEETING. 6. RECEIVE THE MINUTES OF THE OCTOBER 13. 1999. APPEALS COMMISSION MEETING. OTHER BUSINESS: 7. Nature Center Discussion 8. Northstar Corridor Development Authority Presentation — Tim Yantos ADJOURN ,�1 �"� CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 3,1999 CALL TO ORDER: Chairperson Savage called the November 3, 1999, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Diane Savage, Brad Sielaff, Leroy Oquist, Dave Kondrick, Connie Modig, Dean Saba Members Absent: Larry Kuechle Others Present: Barbara Dacy, Community Development Director Missy Daniels, Code Enforcement Officer/Planner Scott Hickok, Planning Coordinator Brad Schieb, Hoisington Koegler Group, Inc. John Thompson, Cub Store Manager Mitch and Sue Nelson, 7680 Highway 65 N.E., Fridley Amoco Leigh Harris, President of Southem Anoka County /'� Chamber of Commerce Diane WrigMt — Chopper City Sports APPROVAL OF OCTOBER 20. 1999. PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve the October 20, 1999, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: ZONING TEXT AMENDMENT. ZTA #99-02. BY THE CITY OF FRIDLEY. TO ALLOW FOR LIMITED TEMPORARY OUTDOOR DISPLAY AND SALES PROMOTIONS IN THE COMMERICAL DISTRICTS. IN ADDITION. THE AMENDMENT WILL DELETE A PART OF THE ORDINANCE THAT ALLOWS DISPLAY OF PETROLEUM PROJECTS BETWEEN PUMPS AND TEMPORARY DISPLAY OF MERCHANDISE WITHIN FOUR FEET OF THE BUILDING AT SERVICE STATIONS: MOTION by Mr. Kondrick, seconded by Ms. Modig, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED � THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:40 P.M. PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 2 Ms. Daniels, Code Enforcement Officer, stated that the public hearing was regarding temporary outdoor display and sales in the commercial districts. The City is proposing !"�` this draft ordinance. The City has received numerous requests from businesses around Fridley to hold a temporary outdoor sale or display in their parking lot or in front of their store. Currently the ordinance does not allow that type of selling. Planners need to make sure that ordinances are fair to the City; therefore, in order to serve the communities needs, they thought they should propose an amendment that would allow for outdoor sales. The goal of this ordinance is to provide the businesses with an opportunity to conduct their outdoor promotions and maintain an enhanced image of Fridley at the same time. Ms. Daniels stated the current ordinance allows display of petroleum products between pumps at service stations and temporary displays within four feet of the station buildings. It also allows garden centers, and similar uses with a special use permit. No other temporary or permanent outdoor displays or storage are allowed in any of those districts. Staff is proposing an ordinance amendment that allows up to three outdoor sales events per business per year in the commercial districts. C-1, C-2, and C-3. Staff is also proposing an administrative permit process for these events, rather than Planning Commission or City Council action. Staff is also proposing a ten-day timeframe for the promotion for 20 days befinreen each of the events. Ms. Daniels stated staff believes that the advantage of this type of ordinance is that it will allow businesses to conduct sales events that currently are not permitted. The three events per year fall in befinreen the extremes of other cities. The City conducted � research for comparison between the other cities in the metro area with their outdoor display ordinances. Blaine does not allow any outdoor displays; but if the outdoor displays are against the building, the City does not enforce the ordinance. This is a problem when there are things on the sidewalks and there is no wheelchair access or watking access. Brooklyn Center does allow finro outdoor sales per year, ten days each. Brooklyn Park allows one promotional tent sale per year, per business, not to exceed ten days. This is part of their special use permit process. Columbia Heights allows outdoor sales with no clear regulations. Maplewood allows outdoor sales with no regulations. Sidewalk sales permits would be required to sell from a vehicle. Mounds View allows it in B-2 and higher which is compared to Fridley's C-1, C-2, and C-3 districts. They do have additional use permits for outside storage. Fridley's ordinance does not pertain to that because Fridley already has special use permits for permanent outdoor storage or displays like the garden centers. Ms. Daniels stated the proposed ordinance language in each district C-1, C-2, C-3, has the same wording for this particular use, so only C-1 has been included here. For C-2 it can be found at 205.14.1.C. (5). (b), and for C-3 it is 205.15.1 C.(5) (a). 205.13 C-1 LOCAL BUSINESS DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses B. Accessory Uses � � � PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 3 (5). Temporary outdoor display sales or promotion of inerchandise subject to the following conditions: a. b. c. d. e. f. 9• h. i. 1• 11.10 Fees The property owner shall obtain a Temporary Outdoor Display License from the City prior to starting the event. The property owner shall submit the information required on the license application. The City shall approve the license prior to commencement of the event. _ A Temporary Outdoor Display License is required whether the merchandise is sold for profit or given away as part of a promotion. Only items associated with the principal use may be displayed. Three events per year are permitted� and shall occur no closer than 20 days apart. The duration of each event shall be no longer than 10 consecutive days. The merchandise shall be displayed in a manner that does not impede vehicular or pedestrian traffic or otherwise cause unsafe traffic conditions. The merchandise shall not be displayed in the boulevard or on any landscaped area. If a tent is to be used, the property owner shall obtain a building permit and comply with the requirements of the uniform building code related to tents. Fees for tents shall be as established by the Uniform Building Code. The property owner shall pay the fees as established in Chapter 11 of the City Code. License fee shall be as follows: CODE 205.30 SUBJECT Temporary Outdoor Display License FEE $75.00 Ms. Daniels stated that the City is also proposing to delete some language from the ordinance. The current language allows the temporary displays in front of station stores like Super America or Holiday. The proposed deletion is in C-1, C-2, and C-3. Each section has the same wording for this particular use, so only C-1 has been included here. For C-2 it can be found at 205.14.1.C.(5).(b) and for C-3 it is 205.15.1.C.(5) (a). Ms. Daniels stated that if anyone needs a copy of these ordinances the City can send a copy to them. Ms. Daniels read the deletion as follows: PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 4 205.13 C-1 LOCAL BUSINESS DISTRICT REGULATIONS '� 1. USES PERMITTED - A. Principal Uses B. Accessory Uses C. Uses Permitted With a Special Use Permit. (7) Motor vehicle fuel and oil dispensing service as an accessory use to a convenience store. (a) The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits, or the outdoor display of merchandise. The disalay of �etroleum products between numps, or the temporary display of inerchandise within four (4) feet of the station buildinq is permitted (this sentence to be deleted). Ms. Daniels stated that temporary is not defined in the ordinance. This really allows permanent display in front of the stores. The display of petroleum products between the pumps is really from a bygone era. The proposed revision for the ordinance language is to keep the first part the same with no changes and to only delete the last sentence. Ms. Daniels stated that the more items out in the parking lot and by the service pumps, _ the more the sidewalk is blocked and people cannot get in and out. If something were to happen in the store, people may have trouble getting out. �� Ms. Savage thanked Ms. Daniels for the presentation and asked if there were any questions. Mr. Oquist asked if the City was proposing a new ordinance in exchange for another ordinance. Ms. Daniels answered, No, but the proposed amendment to the ordinance would allow for temporary displays or sales. Temporary is defined in this case. A convenience store would be allowed the same temporary display as a C-2 District would have. The proposed deletion to the ordinance is taking out the sentence where temporary is not defined. Mr. Oquist stated that rather than deleting the sentence, temporary should possibly be defined. Ms. Daniels stated that it would be more of a redundant ordinance if they did that. Ten days would already be allowed. Mr. Oquist asked if convenience stores could display on the outside of the building on a temporary basis for ten days. r-^, Ms. Daniels stated that is correct. PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 5 ,; ...� Ms. Savage stated that it would eliminate the displays of pallets of pop and various items. Ms. Daniels stated that the ordinanc� would eliminate that practice and they would have to store that inside the building, unless it was part of the temporary display that they applied for. Ms. Savage asked if anything could be displayed outside. Ms. Daniels stated that nothing could be displayed outside without a special use permit. Mr. Oquist asked how the convenience stores could display bundles of split wood. Ms. Daniels stated that it would be possible if it was temporary� but this ordinance would prevent them from storing it outside all winter. Mr. Kondrick asked for clarification regarding the permit application as to exactly how many items could be displayed. Could ten items be displayed? Ms. Daniels stated that the City would have to approve it and make sure where the ten items would be placed and the businesses could do this three times per year. Mr. Saba asked how this would impact businesses needing tent displays or auto dealers � with vehicles outside the building. Ms. Daniels stated that the special use permits allow that under permanent storage, and it still will be allowed. Mr. Saba asked if convenience stores could still display wood under a special use permit. Mr. Hickok stated that there are certain very specific provisions regarding unscreened outdoor display. Menards for example, had proposed a display of small accessory buildings by their store. This is an example where they have gone through a special use permit process. They had also historically had many things on their sidewalk. The City is very specific now to be able to state which things are allowed and in what area they are allowed. It is possible to go through in the C-3 District, for example, that same type of special use permit process. Home Depot and Wal-Mart went through a process to architecturally integrate with their building. This special use permit does not cause something that appears to be an afterthought, but instead they may have matching brick or rod iron to make it much more permanent. The special use permit would not allow the little garden center in the parking lot that is made up of concrete block with a split rail fence and taking out 40 parking stalls--unless they did it for ten days at a time, three times per year. ^ Ms. Savage asked for clarification regarding the temporary greenhouse applied for by Cub Foods. PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 6 Mr. Hickok stated that they have two options. They have what I'm sure they would view as a disruptive method of setting it up for ten days and then taking it all down, or Cub Foods in Apple Valley has to architecturally integrated its garden center area into a permanent area of the building. This option would exist in Fridley through the Special Use Permit process. Typically, it is not the parking lot but off from the side of the building in a nice enclosed area. What is garden center in the summer time is often Christmas tree sales in the winter. The City has not fully evaluated the letter by Cub Foods in Fridley; but unless Cub is willing to set it up and take it down on ten day increments, the garden center in the parking lot would not be able to happen. If they applied for a special use permit, the solution would be something much more permanent. An enclosed area, architecturally integrated into the building would be needed. Ms. Modig asked if this change would affect Petters Warehouse where they have a tent for their displays. Ms. Daniels stated that they are one of the businesses that would be affected by this ordinance. Ms. Modig asked how this ordinance would affect the annual Fridley garage sale. ,--�, Mr. Hickok stated that that was on a piece of publicly zoned property at the ice arena. It is outside of the commercial districts being considered. That is under a different � process and takes City Council approval. � Mr. Oquist asked how United Stores would be affected with their annual tent sale. Ms. Daniels stated that this ordinance would apply to them as well. Mr. Hickok stated that they could still do that for their ten-day sale. Ms. Savage asked if anyone in the audience wanted to address any concems. Ms. Sue Nelson, owner of Fridley Amoco, 7680 Highway 65, a C district store, stated that this ordinance affects businesses by regulating how they should look. Ms. Nelson stated that she and her husband, Mitch Nelson, are tire dealers. She feels it is unfair competition for them because they are not allowed to display their only product outside like auto dealers do. They are right across the street from another city that has absolutely no regulations on its businesses for outside displays. She has no problem with a certain image but this ordinance has a direct impact to their business and to the economy. She hears comments from their customers that they should display more of their product outside. Ms. Savage asked if the tire displays were her main concem. Ms. Nelson stated that they received numerous notices about removing their tires from ^ the outside display, the latest notice stating that they would be taken to court if they did ` not remove the tires. Most tire stores use outdoor displays and more city stores are PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 7 � moving toward outdoor payment, for example, at the pump to pay for gas so they do not have to go into the store. The $75.00 fee to pay a few times a year only for ten days at a time is exactly what they did, but then they had problems getting their $250.00 deposit fee back. The process really did not flow that well. Ms. Savage asked if Staff had any response to Ms. Nelson. Mr. Hickok stated that they have seen convenience stores moving product outside. If salt is selling big for a retailer, then soon every retailer regionally would be selling salt outside. If cypress wood chips for your garden seem to be selling well, next thing you know, the entire metro area would be selling cypress wood chips outside. Firewood outside the door is another great example. It is an unfair advantage to retailers selling outside versus retailers who pay more roof overhead for selling product inside. It is unfortunate regarding the Nelson's business; but if tires are the product, then they need to have their own intemal warehouse space. Senrice bays typically have rolling cart with tires on them because when the doors are open, they roll those out to make room for the cars that go in to get tires put on there. It is a space demand issue. Though unfortunate, it looks like poor planning. From a safety perspective, it puts the product outdoors that can be stolen and puts a higher burden on the public safety folks. (Those carts may get in the way easier and not controlled very well). It may sound like a disadvantage to have this ordinance, but there are certain convenient advantages. Those sites glow at night and are able to have a lot of signage and opportunity to � advertise things like tires. Ms. Nelson stated that they must pay for a sign permit and are only to be able to hang it in one spot to be visible from the canopy. She can only buy a permit twice a year and would like to hang the sign year round. Mr. Mitch Nelson, co-owner of Fridley Amoco, stated that he understands what the City is trying to do. He agrees with the idea of presentable businesses. They try to keep their business as presentable and nice as possible, and not to be in the way of anything. On the comer by their store, the comdor of the service road is very unsightly with extremely high grass. He feels the City should keep their landscaping presentable also. Ms. Modig asked exactly where his place of business is located. Mr. Nelson stated that it is on the comer of Osbome Road and Highway 65 by Spring Lake Park. Mr. Hickok stated that the median befinreen the service drive and Highway 65 is a State right-of-way. It is a jurisdictional issue. The City has tried to work with the state on that very issue. The City has put additional funds in their budget to take care of corridor maintenance. The State's image and mowing characteristics are not the same as the City's. The City does not believe that finro times per year is adequate. '� Mr. Sielaff asked Mr. Hickok if Spring Lake Park was being mowed more frequently. PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 8 Mr. Hickok stated that sometimes the businesses themselves take care of mowing right out to the roadway because they do believe it is an image issue for themselves. He �` cannot speak for that Spring Lake Park example. Many businesses in Fridley mow out to the State right-of-way. Mr. Hickok is not advocating that because of the OSHA requirements. Mr. John Thompson, Store Manager for Fridley Cub Foods, stated that he has some concerns also. It would not be very cost effective for Fridley Cub Foods to put up a greenhouse for ten days and then tear it down. He was wondering if there could be some seasonal type language that wouid allow for a seasonal promotion for 45 - 60 days. This would allow for firewood to be out in the winter at gas stations and would allow Cub to have a summer greenhouse. To his knowledge. Fridley would be the only Cub Foods store that is not allowed to have a greenhouse in the parking lot. He does not think they are gaudy greenhouses. They have a split rail fence and are professionally done. Ms. Modig asked Mr. Hickok if the greenhouse would be classified under the special use permit. Mr. Hickok stated that it would be covered under the special use permit. He wanted to encourage Mr. Thompson to look at the Apple Valley Garden Center at the Cub Foods there. That is an excellent example of where the garden center has been architecturally, integrated into the site plan. It does not take parking stalls critical to the site. One of ^ the things about the Holiday site in Fridley is that it would be hard to pick parking stalls that are not utilized. That is a very well utilized parking lot. Typically, what happens with the split rail fence in the garden center is that it goes up where the customers are and displaces parking for customers. Staff would be happy to talk with Cub and evaluate their site plan and talk about what would be likely stipulations in a special use permit. There is only so much landscape dollar to go around. Mr. Hickok stated there are already a Bachman's, Lyndale Garden Center, and Home Depot in Fridley. They have made the investment to architecturally integrate their garden center into their sites. To temporarily put up split rail fence in the parking lot takes some of the regional landscape dollar away from those places that are paying taxes on a permanent improvement year round and is unfair competition. Unless there is an improvement equivalent to the architectural quality seen in other places with permanent characteristic that allows circulation around it, then it is a dismal future. He has not heard the support for that type of thing with other requests. Ms. Savage asked if the Wal-Mart addition was permanent. Mr. Hickok stated that is an excellent example. This is the third time that Wal-Mart has expanded their garden center and needed a new special use permit to do that. They are doing it architecturally and permanently on their site. It does not contrast and has proper circulation. � Ms. Savage stated that she would recommend that Mr. Thompson work with staff to go over the exact requirements for a special use permit. PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 9 �`�'` Mr. Thompson stated that he would have to upgrade the facility to accommodate a greenhouse. The building is 30 years old. They have already put hundreds of thousands of dollars to upgrade the parking lot. He feels that down the road there may be a chance to make something similar to Apple Valley's store. He worked there up until three years ago, but all of the other Cub Foods stores are allowed to do this and he was wondering why the Fridley store cannot. He understands the concems with the appearance and parking. He feels there may be space available between Cub and the gas station for a greenhouse. He stated that he appreciated the Planning Commission's time. Ms. Savage asked for clarification regarding the Target greenhouse. Mr. Hickok stated that the Target greenhouse has a special use permit from an era that predates the City's current requirements. Ms. Leigh Harris, President of Anoka County Chamber of Commerce, stated that this is an issue they have been contacted about. There are three issues. One is regarding the outdoor temporary display. She wanted to thank the Fridley staff for putting together the amendment that does allow for that being less restrictive. She hears frustration from the business community. She wants the Commission to consider that they are competing with the communities that are directly surrounding Fridley. She feels that Fridley should be treating the business community as competitively as the surrounding � � communities. She feels that the businesses in Fridley are not afraid of competition. The cost of using something only four months out of the year will not allow businesses to price their product competitively. There are at least 50 businesses that have the same concerns regarding these issues. Some have picked up their business and moved because they feel Fridley is too restrictive, and they were not able to compete on an even playing field. She feels the business community is very respectable and they care about the aesthetic quality of the community. She would love to have the opportunity to have some more dialogue meetings with the businesses to address more issues. She wants the City of Fridfey to realize how they compare with other communities. Ms. Diane Wright at Chopper City Sports, Fridley, stated that she had a question regarding United Store's tent sale having it all on the grass and how this policy would change that. Mr. Oquist stated that the sale is allowed only for ten days. Ms. Wright asked for clarification regarding the sale being on a non-landscaped area. Mr. Oquist stated that they do have it on a landscaped area. Ms. Daniels stated that this ordinance would not allow anything to be displayed on the ;� landscaped areas. PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 10 � Mr. Hickok stated that if they were to modify the sale to allow the tents on the siabbed area around, it would be an example of how they could conduct the sale. It may restrict �"'� the number of tents. - Mr. Oquist stated that when you put tents on grass, it makes for a good display area. Ms. Wright stated that they have a small landscaped area with rocks where they display their items. Ms. Daniels stated that they have a special use permit for the permanent display in front of the building and this would not be affected. Ms. Wright brought some pictures of businesses around them in a two block radius that have product stacked way above their fences. Mr. Hickok stated that this is an ordinance for the commercial districts only. The pictures Ms. Wright brought in are of industrial districts. They are pre-existing and non- conforming that have screening issues outdoors. Staff is talking with one of them for removal of items to improve their image. Mr. Hickok stated that the consideration this evening would allow additional things outside for Chopper City Sports. This ordinance does not affect the issues behind their building with storage of their sleds (snowmobiles). The special use permit they have is � specific saying that no storage would happen in view of the public above the screening ,� fence. MOTION by Mr. Kondrick, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:29 P.M. Mr. Hickok stated that there will be a flrst and second reading by the Council on November 22, and any members of the public are welcome to attend the meeting and voice any concems. Ms. Savage stated that she is in favor of eliminating the cluttered look of outdoor displays. She feels that it is a good idea for business to have a permanent addition that fits in architecturally with the design of the building. She would like to see that happen with Cub Foods in Fridley with a very nice addition. She is generally in favor of the ordinance. Ms. Modig asked Mr. Hickok for clarification with the ten days temporary use permit with Section E. She asked if they could get an extension on the ten days. She stated that basically she is in favor of this ordinance and does not like to see clutter either. Mr. Hickok stated that the City would enforce these conditions under the licensing ,,�.� process. When an application comes in, there would be insistence that the sale be ten days only and also an inspection would be required. The $75.00 fee covers the PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 11 � inspection cost for the 11 �' day to make sure the sale was not still going on. If the Commission feels that ten days is inappropriate, they can tell the Council how many days they feel are appropriate. He feels enforcement is such an important thing and wants the Commission to make sure they want exceptions. Long-range outdoor opportunity is available through the special use permit process. Ms. Modig stated that it seems that some things are falling in the cracks. Some products do not fall into these categories. There are service type buildings that are not built space-wise to accommodate all items. Mr. Oquist stated that he agrees with Ms. Modig. There are a lot of little businesses in Fridley that do not have the outdoor storage. There are certain reasons that some things should not be stored inside, for example, wood because of the insects. He feels they should be careful of the ordinance that shuts out competition. Mr. Saba stated he agreed. He stated the City of Mankato allows 20% of property to be used. He feels they could have percentage applied toward small businesses and have a specific area for outdoor displays without having to go through the licensing process. This ordinance is too restrictive for small businesses. Cub Foods has done great things with their landscaping; they do not feel they would have anything not presentable in front of their store for a garden center. There are different situations for different size businesses and he would be opposed to the amendment the way it is written. � Mr. Kondrick stated that he feels it is the smaller businesses that are really effected by this ordinance and there should be another way around this. This is geared toward the larger businesses. He feels it is a good idea to improve the aesthetics of Fridley. He wants the businesses to stay and that is his primary concem. He would oppose this amendment. Ms. Savage asked for clarification of what allows the small convenience stores to display items outdoor. Ms. Daniels stated that the proposed deletion part of the ordinance allows that with temporary not being defined. Mr. Saba stated that this is too restrictive and they should define separate ordinances for small businesses and look at the seasonal aspect. Mr. Sielaff stated that they should be careful when making differentiation between large and small businesses. He wants to see a certain amount of consistency and to be fair. It is more important to regulate the volume of product a business wants to display outside. Mr. Kondrick stated that he agrees with what Mr. Saba stated about the percentage idea for small businesses. In Mankato, there is differentiation between the sizes of �"'� businesses and what they can have out. PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 12 } Mr. Sielaff stated that he is all for restrictions but does not want to make it too restrictive and have too much differentiation between large and small businesses. �"� Ms. Modig asked how long it took for the City to ask Wal-Mart to integrate the greenhouse into their site. Mr. Hickok stated that Wal-Mart came to town in 1993. They applied for their special use permit immediately for the garden center. The first year they utilized all of their outdoor garden center space plus they did their parking lot garden center without asking the City. To avoid shutting a new business down for that season, the Ciiy allowed them to continue to sell that season only. The next year they had to expand their garden center or not sell in the parking lot. Ms. Savage stated that she thought they should also consider the ten day part of it. That does apply in certain situations. Ms. Modig stated she agrees but there has to be something to cover the every day product sales. There is too wide an umbrella, and this does not cover the small and large business special sales. Mr. Sielaff stated that he does not want to get into the seasonal business. He thinks the ordinance should just restrict a certain percentage on what they use on a seasonal , basis. � Ms. Dacy stated that the majority of businesses in Fridley are very good at their aesthetic appearance. There are violations out there, and they need to address the impact of outdoor display without the proper controls. There are finro parts to the ordinance. Right now, aside from a convenience store or gas station, Petters Warehouse or the businesses across the street, cannot have any temporary outdoor display at all. The ordinance is providing a business with an additional option. The second part does deal with convenience stores and gas stations. Garden centers are listed separately with a special use permit. Through that process, the City has been more aggressive with outdoor sales. It is typical for cities to react to a transient marketplace. There are separate issues that the ordinance is providing the means to control. Ms. Savage stated that it looks like the Commission is in agreement with the ten day temporary part of the ordinance for outdoor sales. Mr. Oquist stated that he is still confused with the ordinances and does not necessarily agree with what Ms. Dacy stated. All of this ordinance states that you cannot store items outside. He feels the ordinance is not written clear enough. Ms. Dacy stated that the ordinance is adding a new section allowing temporary outdoor sales. It deletes an existing sentence in the ordinance that permits the temporary display of petroleum-related products. n Mr. Sielaff asked for clarification regarding long-term storage outside. PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 13 '"'� Ms. Dacy stated that there is a special use permit for garden centers and outdoor display of inerchandise. There is a special use permit for car sales. Mr. Oquist asked Ms. Dacy if a gas station wanted to display wood bundles or tires, would they have to get a special use permit and be charged for that every season? Ms. Dacy stated that is correct. Mr. Oquist stated that he does not agree with that. Maybe the problem is what they want to delete out of this ordinance. There is nothing wrong with the ten day ordinance, but they have to be careful with the other one. Ms. Savage stated she thought the confusion is that the ordinance permits what it calls temporary display, but it does not define temporary. Presumably that part of the current ordinance allows convenience stores to put the salt product outside without the special use permit. Ms. Savage stated that maybe they could have it re-examined to see whether there could be some restrictions placed on display of inerchandise outside the store without a . special use permit. Mr. Hickok stated that they would not have to get a special use permit every time they � �, wanted to display something outside. Mr. Oquist stated that rather than to delete the sentence, they could come up with a way to handle the small businesses and allow them to display some of their merchandise outside. Ms. Savage stated that she felt there needs to be some more discussion also with staff and the Chamber of Commerce before there are changes made. Mr. Sielaff stated that to summarize, they are saying that they want to have some restrictions so there is not a special use permit needed at some point. Ms. Savage stated she believes that is something that needs to be discussed. Mr. Sielaff asked whether United Stores tent sale would classify under the ten day permit. Mr. Oquist stated that would be restricted by paragraph F. Mr. Saba stated that he felt they should reword that. Mr. Hickok stated that he would caution Commissioners to not include displays on the ^ boulevard area. There are a lot of safety reasons to not do that. That is also called the public right-of-way. I PLANNING COMMISSION MEETING. NOVEMBER 3, 1999 PAGE 14 '� Mr. Hickok summarized that the Commission is okay with the ten day part of the ordinance. The Commission is not okay with striking existing code language without � further discussion. The Commission is not sending a recommendation onto the City Council but instead giving Staff instruction to go back and work on that piece and then come back with the ten day and also the deleted language in a modified form and leave special use permits untouched as an option for long-term outdoor display. Ms. Savage asked if it should move on to City Council or should the Planning Commission look at it again. Mr. Hickok stated that they probably would be best off to table it and hold open the decision until it comes back in a modified form. MOTION by Mr. Sielaff, seconded by Ms. Modig, to table the Zoning Text Amendment, ZTA #99-02. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this would be removed from the City Council agenda. Ms. Nelson stated that she wanted to add that the language to delete regarding the four _ feet perimeter is not going to be enough help. Their permit was denied until they remove the product from the four feet perimeter which is the current allotment. � Mr. Hickok stated that the recommended ten day outdoor sale opportunity three times per year is new. They are not entitled to do the sale right now. The outdoor storage on a permanent basis was set up as an outdoor display on a permanent basis and is not permitted currently. It is a special use permit requirement. They would have needed a special use permit to have the tires outside or agree that they would do it on a very temporary basis. Our observation has been that it is essential that Nelson's pull their tires out of the stall to do their business. It is not a temporary thing and would require a special use permit. 2, COMPREHENSIVE PLAN DISCUSSION: Ms, Dacy stated that the Commission has a first draft of a part of the plan. Brad Scheib, employee of the Hoisington Koegler Group, Inc., prepared much of the draft and consultation with Staff. She wanted to review what the City has done so far and what the City is hoping to do in the next six to eight months. Two years ago, the City had planning area meetings by dividing the City into seven areas and sent a letter to every household and had an open forum. There were written surveys, and they got tremendous information out of the process. A year ago last September, the Planning Commission reviewed the vision statement and guiding principles that the consultant proposed. � Ms. Dacy stated that the consultant has gathered a lot of information about the housing market. There has been a land use analysis about what has been developed and • s PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 15 ,� undeveloped. That will continue as they go through the process. A GIS consultant developed maps and the City will be distributing plan drafts to the all of the Commissions. Ms. Dacy stated that on November 8, they will kick off the process with a proclamation by the City Council on Monday to declare November 8 World Town Planning Day. That is a promotion being done by the American Planning Association and the Wo�id Town Institute in Europe to heighten the awareness of the importance of planning in the communities today. They are also planning an open house on November 18. They will invite back the vision participants and share the plan draft and receive feedback. More of the chapters will be accomplished by that time. Tentatively they are thinking the first official public hearing on the plan will be at one of the December meetings. Ms. Dacy stated a goal is to submit a draft to Met Council by the end of this year. The City has received a year extension at this point in time. All of the Cities in the metropolitan area are doing this process. State law requires that communities share their comprehensive plans. After they submit the draft to Met Council, there will probably be a number of changes as they move through the process. Sometime in the year 2000, probably the first four months, there will be a second official public hearing with the Planning Commission. In between that time, the Commission will be kept up to � date as to how they are progressing. When Met Council signs, a resolution will be presented to the Council to approve the comprehensive plan. The product you will see is a notebook with all of the text in it and a publication of an executive summary which � they would like to send to every household and business in the community. Ms. Dacy stated that the plan will address the Community Vision Chapter, Land Use and Housing and Plan Overview. They have yet to do the preface which explains the process and the State requirements. They are working on a draft of the Parks and Open Space Chapter, Sewer and Water Services, Transportation, Storm Issues, and Human Resources is an optional element, but they do intend to include that, and of course implementation. The time line is 20 years. Met Council does its population, household, and employment projections that far out. Ms. Dacy stated that there is a very strong movement across the country to contain sprawl. Growth is beginning to jump out into areas that do not have sewer service or proper urban types of services to the detriment of the central city and the communities surrounding it. The Met Council sees Fridley as a first ring suburb just outside the central cities and within the urban service area and almost fully developed. Met Council wants to encourage as much investment and redevelopment as possible within that urban senrice area before people start moving out to the outer communities and building on a five acre lot with a septic system. They are projecting the region to grow by 300,000 households in 20 years. Ms. Dacy stated Fridley is projected to hold fairly steady, presently 28,600 people. In the year 2010 it is projected to hold at about 29,000. The City needs to decide how !� aggressive they want to be in adding new housing or businesses. Some of it might happen without the City's control. Medtronic will generate a lot of interest from the business community and potentially another type of housing market. They need to be PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 16 �' prepared to respond. Fridley is 50 years old this year and grew up in the automobile era and suburban movement. For the next 20 years, Fridley is going to be changing � more toward urban. They are almost fully developed and have some of the traditional issues associated with urban development such as strip malls and large parking lots. Ms. Dacy stated that in the document, they have tried to make a strong connection between what the vision process said and try to translate that into what they want to accomplish. The issues identified are probably something everyone can agree on. They want to improve their image and maintain the housing stock. The debate is how to get there. What are the strategies to implement what they want to accomplish with those goals? Ms. Dacy stated that the vision statement refers to Fridley as being a diverse and well balanced community with small town types of qualities. They derive the sense of community from the different types of elements that define the heritage. The vision statement says that: "We want to maintain and promote a friendly atmosphere." Fridley is wonderfully poised in a convenient location in the metropolitan area. They do offer a high quality environment to the residents and the businesses and want to see that maintained. They want to continue with an aggressive housing program and work on a creative transportation system. There are three very well traveled corridors and highways and traffic will increase. They want to create a distinctive image. Medtronic will probably spur a lot of interest in doing that. Medtronic is very concerned about the image created in new developments. ' � Ms. Dacy stated that they need the Commission's feedback on the list of key issues. The plan identified a number of community image issues relating to what happens as a result of the Medtronic Corporate Campus. The housing analysis shows that there is a need for move-up housing. The vision meetings were clear in that they wanted us to continue in maintaining the housing stock and economic stability. The tax base is wonderful to retain businesses. There are traffic issues on the horizon, and they need to look at transit altematives. Bikeway, walkways and park and recreation needs are also important for leisure altematives. Retail uses are important to look at also. There are only one or finro undeveloped commercially zoned lots. The river area for redevelopment area is an important issue to look at also. Ms. Dacy stated that the Commission does have a lot of detail work to do. They need to count acres, fill in the blanks, and look at future land use to make a recommendation to the Council. They have to work on the strategies, not just the goals and policies. Future meetings will probably have some of the items on the comprehensive plan. The Commission will have to review additional chapters. Mr. Saba stated they have to be very careful with what they do with their green spaces. He feels they should be enhanced and not developed necessarily without a very good plan. The green spaces are a very big part of the quality of life in Fridley and are very well used. Ms. Savage stated that she felt the very best part of Fridley is the park. That is what � makes Fridley extremely livable. The shift from suburban to urban is a tendency that PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 17 ,� Fridley has. She feels that people would rather walk to a gathering place. She would like to see more walkways and bikeways and good transportation so people do not have to rely on their cars. Increasing traffic congestion is a problem that should be addressed. Mr. Saba stated they do have some areas along the river, and he is not sure if they should do a lot of development there because it is mostly residential. He feels they should enhance the park land they have. Mr. Oquist stated that he does not associate the river with Fridley. It is very dangerous. Ms. Savage stated they could improve the park area near the river that they already have. There is not that much of that area where they can ride a bike or walk by the river. Mr. Saba stated that the biking and hiking and the ability to walk across the City is a value to have adversity in the landscape. Mr. Kondrick stated that he feels that Fridley is a very convenient place to live. He feels it is an advantage as the population grows. He can see that some things are now happening to make Fridley a beautiful place to live in. The traffic problem is a concem. n, Mr. Oquist stated that University Avenue is very hard to drive on in rush hour. Mr. Kondrick stated that as time goes on, with the traffic problem, people might say they want to live in Fridley but they cannot very easily drive there because of the traffic congestion. Mr. Oquist stated that Fridley is attractive and convenient. Fridley is also getting to be an older community. As the people move out, we want the younger folks to move in and want to maintain the school district and housing stock. People want to move out to the five acre lots because they want to be away from the closeness. They may need more than one central gathering place. Mr. Sielaff stated that one of the greatest resources in Fridley is the people. What sort of things can they do as a community for self-improvement such as education and recreation is an issue. There is a shortage of facilities in Fridley. The City and the school district did some good things with the basketball court but there is still strain. There is a payback for more education and recreation such as education for the homeowners so the City can have better kept-up houses. Ms. Savage stated that she would like to see an expanded community center similar to the ones in Maple Grove and New Brighton. Ms. Modig stated that she feels that there are a lot of things that are not conducive to � keeping senior citizens in Fridley. There are not a lot of housing opportunities for senior citizens for one-level housing type that has some space to it. The Rottlund homes do not have any three bedrooms. PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 18 6` Mr. Kondrick stated that maybe they could have more Christenson Crossing type !"'� developments in Fridley. Ms. Modig stated that the land area is not there. Some of those housing developments are out there but they are located next to something like a car lot. Ms. Dacy stated that the City has been meeting an hour a day with the comprehensive plan trying to think futuristically. They are running out of vacant land to start brand new, but there are a lot of underutilized areas that may require acquisitions. Now that there are two Metronic campuses flanking Central Avenue, Central Avenue may change a lot. The ramblers are currently at a sale price that attracts the younger types of families. Mr. Oquist stated that maybe they should start reviewing their ordinances that will allow some of the development. Maybe the City will have to get creative and not have the ordinances to have so much green space to be able to build certain complexes. Ms. Dacy stated the ordinance setback for single family homes may be changed to relax the front yard requirement. The mother-in-law apartment may be an addition on to the rear of the home that avoids the stairs. Mr. Saba stated that there are more changes with shopping on the web, and you may not see a lot of usage for the big malls anymore. It saves people trips to the malls and in- that light they should plan for the impact of technology. Transportation systems might ,—� have to be re-evaluated. More people are working in their homes and work via e-mail and the web. The enhancement to the Springbrook Nature Center for a garden area at the entrance is also being talked about. A small amphitheater may be possible too. Mr. Kondrick stated that the Riverview Heights area has been tumed into a cute, sharp area. It is just amazing how the streets, curb and gutter has changed the whole area. Mr. Sielaff stated that there are some issues with technology that need to be looked at. There is now cable TV with a debate going on nationally with high speed Intemet access and who is going to own the cable lines. This may affect the cable franchise in Fridley. As a City, what things could they provide over the Intemet, and there are a lot of opportunities for education. Ms. Dacy stated that at the next meeting, the project to be discussed is the North Star Rail Line from downtown Minneapolis to St. Cloud on the existing railroad tracks. They are evaluating a station stop in Fridley at both the east and west side of the tracks at 61 St Avenue. They have another presentation at the next meeting on November 17 about the Nature Center. Staff will also make a presentation about the North Star Corridor. Mr. Kondrick asked if they were talking about putting in a third track. Ms. Dacy stated that they would use the existing tracks that are there now for the ^ northbound and southbound peak hour of service. Anoka County staff advised her if �t PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 19 ,� does become a reality in the year 2002, that probably from a funding point of view, an LRT route through Fridley to Northtown as planned may be placed several years out in the future. This gets the funding and has a strong backing by Mr. Oberstar. In January or February of 2000, the City will be coming back to them with some recommendations about that park-and-ride site and how it should be handled. �"1 Mr. Kondrick stated that the rail from downtown to the Mall of America started out to be a$400,000,000 deal and now it is a$548,000,000 in just two years time. That makes him nervous and he feels money is not being very well spent. Mr. Sielaff stated that they would not even consider anything north until the thing with the Mall of America has been decided. Ms. Dacy stated that that is the first priority because it has the highest ridership projections. Ms. Savage stated that the arts in Fridley are very important in getting the community together. Fridley does not have a single bookstore. She would like to see a Bames and Noble type format with a coffee shop inside. A concert hall would be nice. Mr. Oquist stated that the use of their business community to help them develop some of these things should be considered as to what can they do to help in some of these areas. Mr. Sielaff asked if part of the discussions of traffic in the area was talking about not necessarily increasing the width of highways and additional lanes. They would try to encourage people to live around near where they work. That may be something they have to look at as to how they could do that. Medtronic has an increase in the number of employees and what are the ramifications. Ms. Dacy stated that some of that may fuel move-up housing demand. Only about ten percent (10%) of the employees in Fridley live in Fridley. Mr. Oquist stated that one of the issues with Medtronic are that these are high-tech people making high-tech money and it is not possible to build many new homes at a higher price range in Fridley. Ms. Dacy stated that they need to start thinking of going up with the buildings and reduced acreage in Fridley rather than one-stories to make more uses. Mr. Sielaff asked if the draft the Commission received was the beginning of the comprehensive plan. Ms. Dacy stated, yes. The Commission will receive a Parks and Open Space chapter, a Transportation chapter, a Sewer and Water chapter, Storm chapter, and then there will ^ be a discussion on implementation about some of the ideas on the plan as well. PLANNING COMMISSION MEETING, NOVEMBER 3, 1999 PAGE 20 ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE NOVEMBER 3, 1999, PLANNING COMMISSION MEETING ADJOURNED AT 10:10 P.M. RespectFully submitted, � � �-�� Signe Johnson Recording Secretary � �, � !-`� City of Fridley Land Use Application SAV 99-07 November 9, 1999 GENERAL INFORI�IATION SPECIAL INFORMATION Medtronic Inc. 7000 Central Avenue Fridley, MN 55432 Requested Action: Vacate drainage and utility easements in underlying plat to cleaz title. Existing Zoning: S-2, Redevelopment District Location: � Size: r"1 Easements aze located along former lot lines of 7 single faznily lots acquired by Medtronic and in northeast corner of site. 5 to 10' wide drainage and utility easements. Existing Land Use: Corporate Campus and Roadways Surrounding Land Use & Zoning: N: Single faznily home & R-1 E: Highway 65 S: Corporate Campus & S-2 W: R-1 & S-2 Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning History: • 1999 - Medtronic Master Plan Approved • 5-24-1999 - Cazrie Lane Va.cated Legal Description of Property: See Attached Council Action: December 13, 1999 Public Utilities: Easements Required New Carrie Lane is constructed. Physical Chazacteristics: Drainage & utility easements to be vacated are located along former plat lot lines. SLfMMARY OF REQUEST The petitioner is seeking to vacate drainage and utility easements that were platted with the underlying plat of Donnay's Addition, so that the title for the property can be cleared and the final replat for the corporate campus can be recorded. SUMMARY OF ANALYSIS City staff recommends approval of the propo�ed drainage and utility easement vacation: • The easements are not necessary for any public use. • Any existing utilities have been relocated. • A 20' drainage and utility easement is recommended to be dedicated through Outlot C to provide for access to the looped watermain between Carrie Lane and Medtronic Pazkway. • A new utility easement is required in the northeast comer. Staff Report Prepazed by: Barbara Dacy SAV 99-07 Background The City Council approved the vacation of Came Lane, a portion of Jackson Street, and Quincy Street on May 24, 1999. The vacation application was approved subject to several stipulations which required reconstruction of Came Lane after Medtronic acquired seven single family homes. Medtronic completed closings on seven single family properties last spring and flnished up the title work in the early part of the summer. Since the Council approval of the project in May, the Housing and Redevelopment Authority and Medtronic have been working to clear title issues applicable to the property. The first phase portion of the campys was conveyed to Medtronic on June 4, 1999, subject to resolving title issues. One of the issues that arose during the title search was the necessity to vacate drainage and utility easements which were recorded as part of the former plat, Donnay's Lakeview Manor Addition. /� Analysis The utility easements are located along the lot lines between Lots 13, 14, 15, 16, of Block 6, Donnay's Lakeview Manor Addition (see attached drawing). Additional drainage and utility easements are located between Lots 7& 8 of Block 5, and along the _ rear lots lines of Lots 6, 7, 8, Block 5. There is a 5-foot drainage and utility easement that runs east/west from the former location of Carrie Lane through the northeast part of � the site to Highway 65. Finally, a 20-foot sewer easement is to be vacated in the extreme northeast comer of the property. One of the stipulations of the previous approval was that Medtronic complete the watermain loop from Jackson Street and Quincy Street into the proposed Medtronic Parkway. The watermain construction is underway. It is necessary; however, to dedicate a 20-foot easement over the watermain connections which run north/south between Quincy Street and Jackson Street through Outlot C. Also, another utility easement has to be dedicated in the northeast comer of the site to cover newly constructed utilities. � Recommendation for SAV #99-07 City staff recommends approval of the proposed drainage utility easement vacation for the following reasons: • The drainage and utility easements are not necessary for any public purpose. • The utility construction and street reconstruction in this area requires the dedication of new easements. n � Sti�ulations If approved staff recommends the following stipulations be attached: 1. Medtronic shall dedicate a 20-foot easement in a north/south alignment across Outlot C, between Quincy Street and Medtronic Parkway; and Jackson Street and Medtronic Parkway. 2. Medtronic shall dedicate an easement in the northeast part of the site over the newly created utility lines. � � I 5unde Land Surveying, LLC. 900 i East Bloomington Freeway (35W) , S�"e �'8 Description Sketch For.• Bloomington, Minnesoto 55420-3435 8usiness: 6 I 2-88 �-2455 FAX: 612-888-9526 �1�'l�TRONIC, INC. PROPOSED EASEMENT VACATION DESCRIPTION The 5.00 foot drainoge and utility eosements as dedicoted over Lots 6, 7, ond 8, Block 5, ond Lots 13, 1 4, I S ond 16, Block 6, all in DONNAY'S LAKEVIEW MANOR ADOITION, according to the recorded plat thereof, Anoko County, Minnesota. Together with the 5.00 foot drainoge & utility eosements as dedicoted over Lot 5, said Block 5, DONNAY'S LAKEVIEW MANOR ADOITION, lying southerly of the easteriy extension of the north line of said Lot 8, Block 5. Together with the 20,00 foot sewer eosement as dedicated over said Lot 5. 81ock 5, DONNAY'S LAKEVIEW MANOR AOOITION. ' • We hereby certify thot this sketch, plan or report was prepared by me or under my instruction ond that I om a duly Registered Land Surveyor under the lows of the State of Minnesoto. Dated this Znd doy of November, 1999 SUNDE LAND SURVEYING, LLC. ey. —�[X,�fB'��-�C.��--------- Scot J. Soukup, R.L.S. Minn, Reg. No. 17256 85-259-MT Re% 40J/?/ T.JO R.24 5.23 SMT B515BMT9.dwg SHEET / OF 2 SHEETS i�� 1 �1 Sunde Land S g, LLC. // 9001 Eost Bioomington Freeway (35W) , S�"e � �8 I>escription Sketch For.• Bloomington, Minnesota 55420-3435 � Business: 6 I 2-881-2455 ; � FAX: 612-888-g526 M��TRONIC IN , C. I� � SCA�E: I Inch = 100 Feet S: T.�-7.! �� 65 � ��z �_ � �� , Q—. �—� a .lV �Pc . �pR� �� •J � � V�' . O� �V. �i�� F SFM Sf � FNl K'f A�•qlF�rO � � � \ �� << 1 \ RI �W o> �� U o �, � X O W >- JOW J Z W��a.0 � � �� \ � � � -o � \�\ •9�� \� � � � �, i `` �`�`�ti i _�� ..��.� II I ' '� I �ti �>> N. LINE OF� LOT 8, BLK. 5 � ACKSON ° STREET . . .. a �s "� :� c� G,� �� . _1' � � , � � J � � �� i , � ;C `> . ,� > .. �� ORAINACE & UTILIT � , vACATED TO BE 85-258-MT Re% 403/Z/ � Y J mi N � �� YO C� � J� � � o° I�� o!�a C, Joa �� aio� r r � J m N O � F � N F Q W W �, F' QtW/IU O w > \ � � �J � �; � ; . C ; � � 's� \ ` �� \ � � � qi . i :; i i -- -=x� -99� ---I � I Z �. ;�; I r.� Q �- 4; � .. � I ''� I � cil ` I I � C J � �u I � Q��I < Q �� , � ; c I v ' - a �t —99 � Z � � O � I � STREET i i m W � � W OJO J (n F" O OQ� Z J O � Z .< NN� ,— — - i� � i I� 2 os•sz I-- o i � � •_ � � I e � � � r.,o R�4 s z.� .s,+�r B5258MT9. dwg SHEET 2 OF 2 SHEETS � �E'�� / N� W �� ---,.� ,�� :� - � � 1 `i I � � 1 � � � '� �� : : / % �� I � I MH •K• J I � : � TOP=902.Ot I �� : INV=892.5 \.� N 12278. (� �,��i ' E 1162 2 /1„ �l�'T 215 I v' � : -� ❑ ;P=900.2 � : ,vi iii eo � j'ti'. � i 11532.57I " � ; G FT. �I-AIN W � �nK :EUCE a� ��. � u �;Q � � � i _'� _ ��` I � TOP=9�.,,_ CA RRIE 12' RCP •---------� � RCF _ �4. � .� % ;! OCATE HYDRANT 12361.11 E 914.28 � 1 =', . • �N : uK FE» iN� g2zo TOP=900.0 INV�896.2 N 12226.91 E 11781.73 N 122Q 1 E 11781. ♦ L E INLET �219 (80' TOP=900.3 I�Q �INV=887.1 W 24' RCP O �UBORAIN O 0.4a7 _ . . . - - - - - - - - - - - -� =T �Z » INLET�107 �OO:Z' - - �OP= 1.� - - - - - - -1dLEL$222 =896.3 INV=869.92 RQO�� '�T TOP=889.9 ' 2165.31 N 1215�33'-900. 12159.02 INV=887.0 '�531.82 E 11637.06 � 11750J6 N 12162.4t I E 11780.99 � � I � ��1 T�n n n � � � i.� � J�JLJ��JL� �� OP=895.0 INLET �250 � i I W=886.82 (S) ORO TOP=896.2 W=875.0 (W) LLE=37�?.5 INV=887.t7 vV=874.18 (N) N 12043.30 � 12059.88 E 11888.68 � _ > > aaa.se L�J ° � � °� °ar ��-�_ �� ,=e9o�l � �� w �� I- � f�� 1 r' ��-1 (- -1 iN�.r y2 d l � TOP=889.7 I L-��-�-�-�-�-�-�-L�-�-�-�-�-L�-�-�-�J- �NV=ea�.aa � - - - - - ,, ..��s �.tii ; �- � v, �', � � I � I i � � I i � i � � 3 O � � � MH 'L' TOP=9p5.dt INV=894.3t I N 12358.76 E 11949.09 � � I �\ L�V (1 iN�r �s.� TOP=888.1 INV=886.57 N 1216� 80 E 11889.9� � MH 'B' TOP=898.0 INV=875.0 N 12172.60 E 11915.43 / 12231.59 11953.93 ' �/ � � - a �L.ET � C��- TOP=897.0 INV=892.3 (N) o r��= es'��a ,2,s ♦ �' E=�11959.26 1�� rJ �ti1V li � � � B� �� 0 0 L �=�=ag;.� J L! �=881.0 � �� r� � a � LJ LJ 0 r�� n ..� � �`� ,� � . ��vU,��— �,qK o E �N� = 87 . � -� 7. 5 ' BUILD OVER " - ------.. �•" EX. PIPE . INLET 2 � ° TOP=888 7t � , - ��N=885.3t � � r '0 , " � N 12528.25 :Js E 12395.75 �r—� �'• � , �•�� ` RO E,.N"� � � . 0 �CASTI N �� sA " �M R�. ` TOP�889.6 ��- � �Y= 874, � ` � �� / � � �r` •� 'rJ ' � � ` 4 . � `� �� 886.3 �; i� ' ,-, �GQ , , ` . \ ��. \.e � �` \ � � �. a ':-. ,� ; � . � - Cc• �.� � > > �qN MH � \ F�FC � \. �� ' O °.8 99.9 INLET �233 �`� E�E� �N p, � � , . , TOP-890.8 �885.9 � � � � � / INV=88s.2 rNV= . �y . � N 12440.32 ��=88 , . � . - � �. E 12334.26 N � 9.49 - _ � ' � ,� . �e°,,, E 362.23 � � ., `� r `` - - - -- _ . . , . �`r' � !uc � \``` INI� �� ` \ .. ��, • � �236 � - ,a � TOP=889.4 � � \ . . _ ��=885,4 � � � �oy •� E 12425.2 36 38 � �R�A �'L �G \ � . •40� INV-B � � � 36" RC N 122��.33 / `0.4090 E 12�, g � Q � � �'� - �/ � �.- 243 �'ry 1 � � �� .. 0.8 � � �1 � )•' 1 � �.90 � ,,02 r � INLEi �237 � i TOP-888.0 � � • INV=885.0 1 � Ni-��2299.63 � E _'369.59 � � 1 I �� ' �`• ` � � ` � �� 235 72' DIA.) 1 � � — _ - OP=889.4 � N_ _ -�� _� ' —884.3 � ; � ; : ` 12383.28 � � �. 12402.92 � � �'�1 City of Fridley Land Use Application LS-99-04 November 17, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Gary Wellner 8457 Riverview Lane N. Brooklyn Pazk, MN 55444 Requested Action: Lot split Purpose: To split the property in ha1f, leaving one duplex per lot. Existing Zoning: Residential - 2 Location: 5361 6th Street Size: 10,800 sq. ft. .25 acres Existing Land Use: � Two Family Home Surrounding Land Use & Zoning: N: Two Family & R-2 E: Single Family & R-1 S: Single Family & R-2 W: Two Fa.mily & R-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: With a variance for side yazd setba.ck reduction, both lots will meet City zoning codes. Zoning History: Lot platted in 1886. Duplex built in 1960. Legal Description of Property: Lots 25& 26, Block 16, Hamilton's Addition to Mecha.nicsville. Council Action: � December 13, 1999 Public Utilities: Duplex is connected Transportation: Duplex is accessed via 6th Street. Physical Characteristics: Lot is covered by grass, pazking area, and duplex. SUMMARY OF PROJECT Petitioner is seeking lot split to divide a property with (2) 2 unit buildings, into two separate parcels, each containing a duplex (2 units). Petitioner is also seeking a variance to correct an existing non-conformity (side yazd setback). SUMMARY OF ANALYSIS City Sta„�`'recommends approval of this lot split request, with stipulation. 1. Approval of lot split is dependent upon approval of the side yazd variance request (VAR #99-30). (View of existing setback) Staff Report Prepared by: Paul Bolin LS #99-04 Analysis Gary Wellner, petitioner, and his partners recently divided their property holdings. As a result the petitioner is seeking a lot split from the Planning Commission for his property located at 5361 6"' Street NE. Petitioner is seeking lot split to divide property into two separate parcels, each containing a duplex. With a variance to correct an existing non-conforming side yard setback, both lots will meet City zoning codes. The petitioner is also seeking a variance, from the Appeals Commission, to reduce the required side yard setback from 10' to 7.99' in order to correct an existing non- conformity. In 1960, the petitioners duplex was built 7.99' from the side lot line. In order to correct this non-conformity, a variance to recognize 7.99' as the required side yard setback for this property is necessary. The City's policy has been to correct non-conformities when owners apply for any City permits. It would cause great hardship to require a property owner to remove their existing structure due to a non-conformity that happened 40 years ago. Therefore, staff recommended approval of the variance request. � Staff recently had contact with a neighboring property owner who will be processing a ,� variance application for a nearly identical request. Staff Recommendation City Staff recommends approval of this lot split request, wi�h stipulation. 1. Approval of lot split is dependent upon approval of the side yard variance request (VAR #99-30). (Requested variance) � n. r I I \ CERT I F I CATE OF SURVEY , � � � _ F-- � ini. fgnCe 0.4' So. of li � Py �� 1 VP DUPLEX �p �ti e SE 89• 16' 48" � 135.61' � , ro ' � � t..z• L�T 28 � � � � � , � � � � � w � ~ `� ; ; SCALE 1 " W = � , ------- ' ----- ---�--- � � w ------------- ---------�- � ; G ' � 7�.]6' 4a.Z' Q' ' � Q � i Q � � N ° LOT27 i ^�i . 0 o ASPHA�T �- o� 0 0 •- � ° -� PARKINC LOT ;^ �� o� , L0T26 ; ^'� ; �� ..ai• � ' n ; � l/ � � � � ------------ a � � � ---N --- ------------- � � � rY' --------F- `C/ o w !lv � � �- � � u �Q' ; � 6' wood fence p1 L07 ZS � � cieor of line z..z• P 135.70' NW 89° t6' S0"� � cyclone fence mo+-e or iess on iine 1 STORY FRAME o� � DENOTES SET fRON MONUMENT PaRCE� i , X DENOTES SET P. K. NAIL VACATEO ALL�EYB 46L�OCKEt6E5HAMILi0NF5TAD01T�lONNiO� i BEAR�NGS ARE ASSUMED RECORQIaTVarvOKa COUN�Rb1NM�NNE50TAPLAT THEREOF 0� � i S0. FT. = 10.849.6 l NORTH AMER��AN SURVEYS ��30 UNIVERSiir 4vE. FRIDLEY. MN. 55432 612-502-0579 PARCEL 2 ' LOTS 25 AND 26 ANO THE WEST HALF OF iHE ADJO1N11a;:� VACAiEO ALLEY. BLOCK 16. HAM[LTON'S ADDITION T� MECHANfCSVILLE• ACCOROINC i0 THE PIAT THEREOF Gt. RECORO 4T ANOKA COUN7Y. MjNNESOTA. S0. FT. = t0853.5 1 hergby ce�tify thot this survey wps prepargd by me Or undBr m.' tllrect superv�s�on ond thot � am duly Reg�stere0 Land Surveye� und r the ws of th�to of ' nesora � r � �—� � i 9293 cirr oF Fw��r 6431 UNNERSITY AVENUE FRIDLEY� MN 55432 � (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: Plat PROPERTY INFORMATION: - Address: ,��/ ,�� Property Identification N�m�er: � Lot Split for submittal, see attached -�o - � f� � f�°�a /� Tract/Addition � , -� — - Current Zoning:re � Square footage/acreage: - Reason for Subdivision: _��_r��.� r� a « � ° ` � }r�: ` °'"'` - , � i r _ Have you operated a business in a city which required a business license? Yes No �/__ If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No _ �VN�bA/�Y1�Y�YIA/�/�V11N�V�V�/�V�/�VM 1V/r�I�INAY1NtiM/Y�/w�/AI�VA/A/�VAb �� FEE OWNER INFORMATION (as it appears on the property title) (Contract pur�, asers: Fee°�] ers must sign this form prior to processing) NAME: C�- � � � �+� ADDRESS: % � � ' '�� DAYTIME PHONE: ��/ -f�s/7% SIGNATUR ATE: _ d , �VA/�V�YIVI�IA/A/�VAIIV�V /W V1�/�W/I��/r1VA�IVMI��V�VN/V�VI�/N/V IbM�N�r�V�VN��w�ti�V�r � PETITIONEF� INFORMATIO � � � id�1Ac: _ ADDRESS: � DAYTIME PHGNE: SIGNA ..,...�.,..........�.......r.r.r_._._._._ ------ -- - - � FEES Plat: $500.00 for 20 Lots, $15.00 for each additional lot ______ Total e: Lot Split: $250.00 -(� Receipt #: ' Received By: Application Number. � �19-o�jl - � . Scheduled Planning Commission Date: � Scheduled City Council Date: ��° c r i 3�9 �i 9� �'9�. . __ :� • .l � Y �: � E �� - � .�:� ��: N ��1. a � �'-. � �..; : �,a�: , .: �� -��. 10 Day Application Complete Notification Date: �' 60 Day Date: � 4�� , �� .� :� , S —'F . � d' �'. t� :;__ :� �� .t .. 1< r. a.j �\ PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, November 17, 1999, at 7:30 p.m. for the purpose of: Consideration of a Lot Split LS #99-04, by Gary A. Wellner, to divide the property in half leaving one building site per building, legally described as Lots 25, 26, 27, & 28, Block 16, Hamilton's Addition to Mechanicsville, generally located at 5361 6th Street NE. Any and all persons desiring to be heard shall be given an . opportunity at the above stated time and place. Any questions related to this item may be referred to Scott Hickok, Planning Coordinator at 612-572-3599. Hearing impaired persons planning to attend who need an interpreter ^ or other persons with disabilities who require auxiliary aids � should contact Roberta Collins at 612-572-3500 no later than November 12, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: November 4, 1999 November 11, 1999 /"'1 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5361 6�' Street NE. CASE NUMBER: LS #99-04 APPLICANT: Gary A. Wellner Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To divide the property in half leaving one building site per building. LOCATION OF 5361 6�' Street NE. PROPERTY AND LEGAL Lots 25, 26, 27, & 28, Block 16, Hamilton's Addition to DESCR/PTION: Mechanicsville. DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, November 17, 1999, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 612-571-1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 612-572-3500 no later than November 12, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 612-572-3599 or Paul Bolin, Planning Assistant at 612-572-3593. Publish: November 4, 1999 November 11, 1999 � � � � City of I Fridley J f. ��.✓ 1 I� � '�� f ��^ / " �� /. � r— E i+ �� Gp � oyK i ' �_ c..a.c — x �� --8 �w�nn.e � �—� � � i ,� 4 '~_ � ��'� t \ `_ .rr � ! �� _�� . G� .\ \� q �— - — i i --- -� _. ' �� -; � C — --- - " - � - j " `_— -- � , _. .__; — ---- .._ ,y _�- —_3 - - . • -•� R-1 - Or�± Famly Uruts �(___ R-2 - Tmo Farr�ly Units �� ' R-3 - General INulUpe Urnts � "—' R-y - Nbdle F-brr� Parks �.1 � PUD - Ranneci Unn Developrrent � � S-1 - Fiycfe Park Nqqhpprfppds E .. � S2 • Redev�Joprt�ent D�stnct w G t - Lucal &rsinass J .. __ G� - Gfsux-al Bus+n�ss � c•s - Gx,r�a� sr,ocx�ng � GRt - G�rnral OH,�: �� Community Development Department Land Use Permit Notification �� _-- — _ . -�— --�._.. - - � -� - - - � � -- - : 9,.. - . — �.��^�a---�. . � . � -- ' �F�— i c , G.—_. -- � � -•— - � I' �� o —��-=4 �- � - ---- • ' • -- - . . -- _- OR�t '"�/�� BB�4Y .._..._ .� � OMM ^YM^ , � ��_� �._��_�_' � G� '�_ —G�� ` _ Q � � I`— ^— � i—��._�- . _ G H�� ` • T _ . _ ` - �j �� 4 V ��_� �.� S _�..-. �---; {—�^— � � . �� i __ �__, .._ �"� ! � � --_"- '_ _ !� .w�— . i� ��" --- �w� � ° `� ' � L_L_.• � , fYN ftl�[ lY�t � (� W41 - �ght Industn2l � n,�z - Hea�y industr,� N � nM3 - outdoor �rrterzvve Heavy �nci�atrial � C; P - Public Faoli6es ROW ��-�� Land Use Permit Applicatior LS #99-04 �� a �� 5361 6th Street NE W�� F�� Gary A. Wellner SOt�rces: Fridley Rarning Fridley GIS Ar�olca County GIS .�:l101c2 CAUf1ly ASSES.,If19 NICKLOW A A& E C CURRENT RESIDENT HUBER ROBERT J� MICHELE � 1150 HERITAGE LN 117 HARTMAN CIR NE 18380 GLADIOLA ST NW ORONO, MN 55391 FRIDLEY, MN 55432 CEDAR, MN 55011 CURRENT RESIDENT 451 54TH AVE NE FRIDLEY, MN 55421 ONERMAA VILJO W � AUNE 501 531/2 AVE NE FRIDLEY, MN 55421 HAWORTH CLYDE H 508 531/2 AVE NE FRIDLEY, MN 55421 ALLARD SCOTT E & KAREN 516 54TH AVE NE FRIDLEY, MN 55421 LAMBERT BRUCE P 8 VICKI J 5310 7TH ST NE FRIDLEY, MN 55421 LEWIS TERRANCE P 8 SANDRA 5323 6TH ST NE FRIDLEY, MN 55432 STIMACK THOMAS & BARTON S F 5331 5TH ST NE FRIDLEY, MN 55421 CURRENT RESIDENT 5335 6TH ST NE FRIDLEY, MN 55432 MORROW HAROLD D & JOANNE 50 GLENDALE DRIVE RIVER FALLS, WI 54022 MEALHOUSE GALE V 8 BET7Y J 501 53RD AVE NE FRIDLEY, MN 55421 CRISLER GARRET F 509 53 1/2 AVE N E FRIDLEY, MN 55421 LARSON LAWRENCE M JR & S P 517 53 1/2 AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 5315 5TH ST NE FRIDLEY, MN 55421 WALKER DEBORAH J 5329 5TH ST NE FRIDLEY, MN 55421 CURRENT RESIDENT 5331 6TH ST NE FRIDLEY, MN 55432 RAMSEY DALLAS L 8� PATRICIA 5336 6TH ST NE FRIDLEY, MN 55432 �"� PAPILLON JAMES B 8� BERNACE 500 53 1/2 AVE NE FRIDLEY, MN 55421 REILAND BARBARA A 505 54TH AVE NE FRIDLEY, MN 55421 JOHNSON ROBERT IVAR 8� JOYCE 513 54TH AVE NE FRIDLEY, MN 55421 ROSLYN WESEYLAN CHURCH 5300 6TH ST NE FRIDLEY, MN 55432 � ANDERSON MICHAEL C 5315 6TH ST NE FRIDLEY, MN 55432 JOHNSON DEAN VINCENT 8� SANDRA 5330 7TH ST NE FRIDLEY, MN 55432 CEDERSTROM YUANITA L 5331-6TH ST NE MPLS, MN 55421 MUSKE CURT A& DIANA K 5340 7TH ST N E FRIDLEY, MN 55432 YANG YENG H ETAL' SCHUMACHER EDWARD T& JODI L BLANK RICHARD K ^ 5346 6TH ST NE 5350 7TH ST NE 5360 6TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 'MARTIN ALFRED N JR CURRENT RESIDENT CURRENT RESIDENT 5360 7TH ST NE 5361 6TH ST NE 5367 5TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55421 %'� OSWALD ROBERT J 5370 7TH ST NE FRIDLEY, MN 55432 SIEDLECKI PATRICIA J 5380 6TH ST NE FRIDLEY, MN 55432 JOHNSON DONALD R& SUSAN M 5390 7TH ST NE FRIDLEY, MN 55432 SHIK UN 8� CHONG YONG SOON 5411 7TH ST NE FRIDLEY, MN 55432 C._.r�DON T D 8� D L 7131 RIVERVIEW TERRACE NE FRIDLEY, MN 55432 SELLARDS JESSE J 8491 HILLSIDE TRAIL COTTAGE GROVE, MN 55016 GIDEO ROBERT J & FRANCES 5372 6TH ST NE FRIDLEY, MN 55432 HOIBY RONALD L� CAROL A 5380 7TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5391 7TH ST NE FRIDLEY, MN 55432 BRYANT ROBERT MICHAEL 5421 7TH ST NE FRIDLEY, MN 55432 SACCOMAN JOHN A 7616 DOUGLAS DR BROOKLYN PARK, MN 55443 Bad Address 1 FRIDLEY, MN 0 BATES CHRISTINE L 5375 5TH ST NE FRIDLEY, MN 55421 CURRENT RESIDENT 5381 6TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5402 7TH ST NE FRIDLEY, MN 55432 CURRENT RESIDENT 5430 7TH ST NE FRIDLEY, MN 55432 WELLNER GARY A 8457 RIVERVIEW LN N BROOKLYN PARK, MN 55444 Bad Address 2 FRIDLEY, MN 0 Bad Address 3 Bad Address 4 SCHOLZEN EDWARD J 8 LOIS S FRIDLEY, MN 0 , 0 Bad Address 5 117 HARTMAN CIR FRIDLEY, MN 55432