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PL 10/20/1999 - 30976�^� CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 20, 1999 CALL TO ORDER: Chairperson Savage called the October 20, 1999, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Diane Savage, LeRoy Oquist, Brad Sielaff, Larry Kuechle Members Absent: Dave Kondrick, Dean Saba, Connie Modig, Others Present: Scott Hickok, Planning Coordinator Tedd Mattke, Mattke Engineering Stephanie Barton, Wal-Mart Marc Rice, 6111 Star Lane Vemon Lindberg, 6140 and 6144 Star Lane APPROVAL OF OCTOBER 6 1999. PLANNING COMMISSION MINUTES: ,-� MOTION by Mr. Oquist, seconded by Mr. Kuechle, to approve the October 6, 1999, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT SP #99- 11. BY TED MATTKE. MATTKE ENGINEERING INC FOR WAL-MART STORES INC.: For a proposed addition to the outdoor garden center, generally located at 8450 University Avenue N.E. MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:34 P.M. Mr. Hickok stated the petitioner is requesting to expand an outdoor garden center by 618 square feet and construct a 4,555 square foot seasonal shop which will accommodate the overflow of the garden center during peak season and carry seasonal items during the remainder of the year. The code allows garden centers as a special use. PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 2 Mr. Hickok stated the property is located to the west of University Avenue and to the �� south of 85�' Avenue. The store was built in 1992. In 1992, a special use permit was granted for the first garden center. In 1994, a request for a garden expansion came through the process. At that time, the original garden center was not meeting Wal- Mart's needs, and they had asked to expand into the parking lot and the front sidewalk. As a result, the special use permit was granted. Mr. Hickok stated the current garden center is located to the east of the existing building. The garden center was designed to be architecturally compatible with the original structure. The proposed expansion is designed to also be compatible with the existing structure. The expansion would be added to the front of the building at the northeast comer, and would connect the existing building and garden center using an architectural treatment that would continue the current design. Mr. Hickok stated staff recommends approval of the special use permit with the following stipulations: 1. All building permits shall be obtained prior to start of construction. 2. City reserves the right to require additional parking, at the code required 1:150 ratio, should demand warrant it at any time in the future. 3. Parking islands displaced by the expansion shall be relocated as indicated on the site plan submitted by Mattke Engineering dated 8/13/99. 4. No garden sales shall occur in the parking lot. ,-� 5. No products for sale may be displayed on the sidewalk. 6. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. 7. Bulk items shall be screened from the public right-of-way. 8. Proposed expansion shall be constructed of the same materials as, and be architecturally consistent with, the existing building. 9. SP #99-11 shall replace SP #92-07 and SP #94-14. IVIs. Savage asked if staff had received any comments regarding this request. Mr. Hickok stated staff had received no comments. Mr. Sielaff asked how the need for additional parking is determined. Mr. Hickok stated the need is determined through staff observations. Parking space now exceeds demand even at peak times. Mr. Oquist asked if it was correct that 12 parking stalls would be eliminated. Mr. Hickok stated this was correct. Mr. Mattke stated he had no additional comments. � Mr. Sava e asked if the etitioner had an 9 p y problems with the stipulations. PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 3 Mr. Mattke stated the stipulations seem reasonable. They have not received any ,�—��, comments regarding the request. MOTION by Mr. Sielaff, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:43 P.M. Mr. Oquist stated the request seems straightForward and is covered with the stipulations. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to recommend approval of Special Use Permit, SP #99-11, by Ted Mattke, Mattke Engineering, Inc., for Wal-Mart Stores Inc., for a proposed addition to the outdoor garden center, generally located at 8450 University Avenue, with the following stipulations: 1. All building permits shall be obtained prior to start of construction. 2. City reserves the right to require additional parking, at the code required 1:150 ratio, should demand warrant it at any time in the future. 3. Parking islands displaced by the expansion shall be relocated as indicated on the site plan submitted by Mattke Engineering, dated 8/13/99. 4. No garden sales shall occur in the parking lot. 5. No products for sale may be displayed on the sidewalk. � 6. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. 7. Bulk items shall be screened from the public right-of-way. 8. Proposed expansion shall be constructed of the same materials as, and be architecturally consistent with, the existing building. 9. SP #99-11 shall replace SP #92-07 and SP #94-14. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated the City Council would consider this request on November 8. 2. PUBLIC HEARING: CONSIDERATION OF A VACATION SAV #99-05 BY MARC RICE: To vacate that portion of Star Lane for the purpose of tenant parking, generally located at Star Lane. MOTION by Mr. Slelaff, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION C�►RRIED AND THE PUBLIC HEARING OPEN AT 7:44 P.M. � Mr. Hickok stated the petitioner is requesting to vacate a portion of the University Avenue service road right-of-way not used by the general public and to use this space as off-street parking for his tenants. Because the City owns the subject area and has PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 4 fee title, the City Council will also have to approve the sale of the excess property �� ordinance to convey it to the petitioner. Mr. Hickok stated the area of the service road to be vacated is at the northwest quadrant of 61St Avenue N.E. and University Avenue. At one time, the service drive was intended to go along University Avenue and connect at 61St. From our modem day standards, connecting a right-of-way that close to a major intersection is not a good idea. For many years, this has not been used as a public right-of-way. Mr. Hickok stated the road was platted in 1952 as part of the Sylvan Hills Addition. In 1962, the apartment building was constructed. Mr. Hickok stated that due to the fact that this is a stub street that ends in the apartment parking lot; it is not possible to put a street through to 61St; tenants have been using the stub street as their private parking area for a number of years, and a°snowbird" ordinance would not allow the tenants to park in this area if it were a public street, staff recommends approval of the request with the following stipulations: 1. City staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be ^ vacated as determined by staff. Mr. Kuechle asked if the City has been maintaining that part of the roadway. Mr. Hickok stated the City has done snow removal. In the recent past, some patchwork has been done to that segment of the roadway. At that time, the Public Works staff asked if that repair was necessary. The Public Works staff is in support of the request. Mr. Rice gave a history of how this request came about. Last spring, there was a pothole on the street, and he called the Public Works Department to fix the pothole. When he said it was not his property, Public Works staff called back and stated it was not under the City's jurisdiction. Upon further checking, he met with the Public Works staff. At that time, they asked if Mr. Rice would like this piece of land. He did not do anything for several months. Then he was made aware of the parking ordinance. The building was constructed in 1962. At that time, they had one stall for each apartment. iVow each apartment has two cars. He knew he had to do something about the parking situation, and that is why he is here today. Mr. Rice stated he has cleaned up the garbage on that part of the street, he has been mowing there, and his brother has been doing the snowplowing. The street is a one- way street. To get to the street, you must go through the building's parking lot. The parking lot is for tenants only. The street is of no purpose to the City. The tenants ^ would also appreciate the extra parking. The petition is not only for himself but for the tenants. �� PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 5 Ms. Savage asked if the petitioner had any problems with the stipulations. Mr. Rice stated the only question he has is regarding the enclosure for the dumpster. The dumpster is already enclosed. This must refer to the recycling bins. He will work with staff to find out what he would need to do. Mr. Lindberg stated he has no objection to the proposal. It is a good idea. It seems like a coincidence that this came up about the same time he heard there was going to be an ordinance about on-street parking or ovemight parking, which he does oppose. He came to see if there was a connection. Is there an ordinance for on-street parking? Mr. Hickok stated, yes, there is a"snowbird" ordinance. Mr. Lindberg stated he now lives in New Brighton and they have an ovemight parking ordinance. He had friends stay ovemight, they parked in front of his house, and they were ticketed. He has no problem with getting the cars off the street for snow plowing. It is those residents who have small lots who will be hurt by this. He does support the vacation request. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to recommend approval of Vacation, SAV #99-05, by Marc Rose, to vacate that portion of Star Lane for the purpose of tenant parking, generally located at Star Lane, with the following stipulations: 1. City staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated the City Council would consider this request on November 8. 3. RECEIVE THE MINUTES OF THE SEPTEMBER 2. 1999 HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to receive the minutes of the September 2, 1999, Housing and Redevelopment Authority meeting. '� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. �"�, n n PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 6 4. RECEIVE THE MINUTES OF THE SEPTEMBER 9. 1999. HUMAN RESOURCE COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Mr. Kuechle, to receive the minutes of the September 9, 1999, Human Resource Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE SEPTEMBER 13. 1999. PARKS & RECREATION COMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Kuechle, to receive the minutes of the September 13, 1999, Parks & Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE SEPTEMBER 21. 1999. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Oquist, to receive the minutes of the September 21, 1999, Environmental Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 7. APPROVE THE 2000 PLANNING COMMISSION MEETING DATES: MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve the meeting dates for the year 2000 as follows: January 5 January 19 February 2 February 16 March 1 March 15 April 5 April 19 May 3 May 17 June 7 June 21 July 5 July 19 August 2 August 16 September 6 September 20 October 4 October 18 November 1 November 15 December 6 December 20 PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED �`'� THE MOTION CARRIED UNANIMOUSLY. 8. UPDATE ON CITY COUNCIL ACTIONS: Mr. Hickok provided an update on City Council actions. 9. RESIGNATION OF LAVONN COOPER: Mr. Hickok thanked Lavonn Cooper for her many years of wonderful service and stated that since 1985, citizens, staff, various commissions, and the City Council have had the benefit of Lavonn's excellent recording of minutes. Changes in Lavonn's work schedule have caused her to make alterations in her schedule which would not allow her to continue as recording secretary. The Commission members individually thanked Lavonn and wished her well. ADJOURNMENT: MOTION by Mr. Sielaff, seconded by Mr. Oquist, to adjourr� the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE OCTOBER 20,1999, PLANNING COMMISSION �, MEETING ADJOURNED AT 7:57 P.M. � Res ectfully submitted, ����J � Lavonn Cooper � Recording Secretary �