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PL 07/21/2004 - 30870� CITY OF FRIDLEY PLANNING COMMISSION JULY 21. 2004 CALL TO ORDER Chairperson Kondrick called the July 21, 2004, Planning Commission meeting to order at 7:30 p.m. ROLL CALL Members present: Members absent: Barbara Johns, Larry Kuechle, David Kondrick and Leroy Oquist. Diane Savage, Dean Saba, and Brad Dunham Others present: Scott Hickok, Community Development Director Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Richard Carlson, Petitioner Glen Syverson APPROVE PLANNING COMMISSION MINUTES — May 19, 2004 MOTION by Mr. Oquist, seconded by Mr. Kuechle, to approve the May 19th Planning Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS 1. Consideration of a Street and Allev Vacation. SAV #04-01, bv Park Construction. To vacate unimproved portions of Ely Street and the Alley way between Ely Street and Liberty Street, to allow the petitioner to develop and use the property for their construction business, generally located at 30 — 81St Avenue NE. 2. Consideration of a Preliminarv Plat. PS #04-04, bv Park Construction. to replat multiple parcels to create one lot, to allow the petitioner to develop and use the property for their construction business, generally located at 30 818t Avenue NE. MOTION by Ms. Johns, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING STARTED AT 7:34 PM. Ms. Stromberg stated the petitioner, Bruce Carlson of Park Construction Company, is seeking to vacate unimproved portions of Ely Street and the alley way between Ely Street and Liberty Street, which will allow the petitioner to use the property for his construction business. 1 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JLJLY 21, 2004 Page 3 of 9 ^ 6. Gravel parking / storage area to be defined and maintained as indicated on site plan dated 7/9/04. 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 9. Fire access land / drive aisle shall be striped on bituminous area and kept open at all times. 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syverson/Daniels parcels within 2 years of the preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlsons shall not be used for "Park" or other operations until aforementioned approvals have been granted. Mr. Kuechle asked for clarification on the last stipulation. Ms. Stromberg explained that unless there is a principal structure on a piece of land, that land cannot simply be used for outdoor storage. At this time, only the northem portion of this parcel is being requested to be platted and built on, therefore, only activity and storage related to the business can happen on the northem portion of the pie shaped land and not the southem. Richard Carlson, petitioner, stated he has been on this site since 1970 and the southern half of the property has been used since 1975. Consequently, Mr. Carlson objected to the last stipulation. He stated they are in the business of grading streets around the metropolitan area; ^ taking concrete curb and gutter and asphalt up and they would like to continue using the southem half of the property for such storage. Mr. Hickok explained it is the staff's position that the Park site existed on the 20 acres east of the subject property and in the redevelopment of that 20 acres, they moved onto this site. The petitioner wanted to get the building up and get that portion of their operation up and running so the staff came to the solution of allowing the first lot to be platted so the building can be built, the track equipment has its place, and the rubber tired equipment has its place, but further use of the property would be contrary to the M3 code. For the staff to state anything other than what is reflected in Stipulation 10 would be contrary to what would be allowed in that district. It's important to make the distinction between a use that's permitted and grandfathered and an activity that has been occumng over a period of time. An activity is not grandfathered and cannot be allowed to occur until the land is platted. Once this entire parcel is platted, then the building now under construction will become the principal use for the entire site and the southern portion can be used for the operation as they're suggesting. This is consistent with the code and what has been done in other places. Mr. Carlson stated he owns Park Construction Company and has used this piece of property since 1976. Nothing's been changed, yet all of a sudden until the bottom half is platted, they're being told they can't use it. The southem half hasn't been platted because they haven't been able to buy all the property in question; the Syverson property is in probate and the Metro Sewer Board has to go through a lengthy process before being able to sell the lots they currently own. Mr. Carlson stated he believes they should be able to continue utilizing this property as they have been since 1976. Additionally, as soon as they are able to proceed with purchasing the balance of the lots, they will plat the entire parcel. He added that Park Construction petitioned in 1983 to have Longfellow Street and the 12 foot alley vacated but the City never proceeded. He stated he has records of paying the fee and submitting the application for this vacation. 3 %'�\ CITY OF FRIDLEY PLANNING COMNIISSION MEETING, JULY 21, 2004 Page 4 of 9 Mr. Hickok stated the staff is helping Park Construction now by allowing them to do something rather unconventional by allowing their building to go up before the property is platted. Park Construction has owned this land for many years but the business had been located on the 20 acres east of this site and when they sold that land, they moved onto the parcel in question which was largely undeveloped. Consequently, this property is being relied upon for the new Park Construction site without platting, without a building and without any of the hard surface requirements for outdoor storage. Mr. Hickok stated that strides that have been made by the City staff by allowing the building to proceed and by suggesting the parcel be divided in half so the northem portion can be platted while the petitioner awaits final purchase of the remaining lots in the southem parcel. The staff is trying to do everything they can to get Park Construction up and running. In 1983, the records show a fee was paid for vacation as Mr. Carlson stated, but there was no application, no paper trail as to what may have happened. Mr. Hickok stated that this won't be the place where they can stockpile until they get their applications in and that piece is platted and combined with the parcel to the north. The staff's recommendation is a mid-ground solution that allows Park Construction to have their building, to have their equipment there, but not to allow any other activities until they get it consolidated into a parcel. Mr. Carlson responded that they have no place to put the equipment they have and he thinks a fair and reasonable solution would be to let them utilize the property just the way it is now until � such time as they can purchase the remaining lots from Mr. Syverson and the Metropolitan Sewer Board. Park Construction, he stated, is doing everything the City has asked them to do. The fair solution would be, as long as they continue using the property the way it has been used, and as long as they intend to plat the entire parcel eventually, they should be able to continue using the property. Mr. Carlson asked Mr. Hickok if they will get cited if they continue using the southern portion of the property. Mr. Hickok responded that doing something in the City that is illegal will result in a citation. He added, however, that there are stockpiles on the southem portion of this site and the staff is not suggesting that they will be issuing citations in the next few months for the piles sitting there. What they are suggesting is that activity in the southern portion that would result in traffic and dust would not be acceptable until that property is platted. If Mr. Carlson is asking if they need to remove the storage currently on the southern portion, Mr. Hickok stated the answer would be no. What they're suggesting by the stipulation is that the southern portion is not an active part of the site until it is platted and they move forward. Mr. Oquist stated if he understands correctly, the northem portion of the property has sufficient storage area for their equipment. Mr. Hickok stated that is correct. Mr. Oquist commented that the Planning Commission has to be careful not to set a precedent. If the petitioner is allowed to continue the current storage on the southem portion, that's what they're going to have to live with for a while until it is platted. �� Mr. Kuechle asked if the petitioner can proceed under a Special Use Permit. �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, JiJLY 21, 2004 Page 5 of 9 � Mr. Hickok stated it would have to be spelled out in the M3 district as a Special Use Permit. That would assume that all other areas of the law are being complied with. The outdoor storage is allowed without a use permit provided there is a principal use and building as proposed on Lot 1. If they want to do rock crushing which the petitioner referred to, that would require a special use permit. When they get this whole parcel platted, it will meet the M3 requirements. Mr. Kondrick asked if the petitioner can live with this restriction a few months. Mr. Carlson stated they can live with it as long as it doesn't take too long to finalize the purchase of the Syverson and Metro Sewer Board property. He also stated this property should be grandfathered in because they've been doing the same thing on this site since 1976. Mr. Hickok explained the "grandfathering" relates to a use, not an activity. He pointed out an important distinction; the Park Construction site was 20 acres separate from this area. This land was Dick Carlson's and was not a part of the use approved for the Park Construction site. Mr. Carlson explained this property will be owned by Mr. Carlson, not by Park Construction. He added if they can leave everything the way it is right now and not haul in any additional items but be allowed to remove material, that would be acceptable. Mr. Hickok stated the activity is what they're trying to avoid. If they have pipe on the site that is already committed to a job, they can take that off the property, but should not bring any more storage in until the platting has been done. There shouldn't be an intense use of the southem portion of the property until it has been platted. i"`� Mr. Kondrick commented that the City values Mr. Carlson's presence in the community and values what he has done, but there are rules the staff and Commission must live by. Given the latitudes discussed by Mr. Hickok, he asked if Mr. Carlson can abide by the stipulations presented by staff. Mr. Carlson asked for clarification as to what specifically he will be allowed to do. Mr. Kondrick explained that until the property is platted, Mr. Carlson can leave the storage as is, he can remove items to fill existing orders, and he cannot add to the storage. The goal is to keep the activity at a minimum on the southem portion of the property until it has been properly platted. Mr. Kuechle stated that the purpose of Stipulation 10 is to make the petitioner aware of the rules that already exist in the city ordinance. Mr. Oquist suggested that the following be added to Stipulation 10: °except to remove existing material required for already scheduled jobs." Mr. Kondrick asked if this is agreeable to the petitioner. Mr. Carlson stated as long as they don't have someone coming to the site and claiming that they've added to the storage. He added that he didn't get what he wants, but he understands. �---, Glen Syverson stated he owns some of the lots on the southern portion and wanted the Commission to know that Park Construction has been very good about not storing on his property without permission. He added that there is one lot that was owned by his sister who 5 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JiTLY 21, 2004 Page 6 of 9 ^ recently passed away and that they're waiting for the attomeys to clear the title so they can proceed with the sale to Mr. Carlson. Mr. Kondrick presented a letter from M.J. Flatten received by Commission members regarding this proposal. This person has some objections to the proposal. MOTION by Mr. Oquist, seconded by Ms. Johns, to enter this letter into the record. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION Mr. Kuechle, seconded by Mr. Oquist, to close the public hearing for SAV #04-01. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:16 PM. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to close the public hearing for PS #04-04. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLICH HEARING CLOSED AT 8:17 P.M. MOTION by Mr. Oquist, seconded by Ms. Johns, to recommend approval of Street and Alley Vacation, SAV #04-01, by Park Construction, to vacate unimproved portions of Ely Street and the alley way between Ely Street and Liberty Street, to allow the petitioner to develop and use � the property for their construction business, generally located at 30 — 81 St Avenue NE with the following stipulations: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. Petitioner to be in charge of all water and sewer connection fees. 3. Petitioner shall obtain all necessary building permits prior to construction. 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 5. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 6. Gravel parking / storage area to be defined and maintained as indicated on site plan dated 7/9/04. 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 9. Fire access land / drive aisle shall be striped on bituminous area and kept open at all times. 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syverson/Danielsl parcels within 2 years of the preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlson's shall not be used for "Park" or other operations until aforementioned approvals have been granted except for the removal of existing material. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE ' MOTION TO APPROVE SAV #04-01 CARRIED UNANIMOUSLY. �� CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 21, 2004 Page 7 of 9 � MOTION by Mr. Kuechle, seconded by Mr. Oquist, to recommend approval of Preliminary Plat, PS #04-04 by Park Construction to replat multiple parcels to create one lot, to allow the petitioner to develop and use the property for their construction business, generally located at 30 81St Avenue NE, with the following stipulations: 1. Utility easements as required by the Metropolitan Council to be shown and dedicated on final plat. 2. Petitioner to be in charge of all water and sewer connection fees. 3. Petitioner shall obtain all necessary building permits prior to construction. 4. Landscape plan meeting all code requirements shall be submitted and approved prior to the issuance of any building permits. 5. Petitioner to install code required hard surface drive, curb, gutter, and parking area as indicated on site plan dated 7/9/04. 6. Gravel parking / storage area to be defined and maintained as indicated on site plan dated 7/9/04. 7. Grading, drainage, and storm ponding to be reviewed and approved by Public Works Director prior to issuance of a building permit. 8. Site must meet Fire Marshall's standards for sprinklering, water supply, and fire access. 9. Fire access land / drive aisle shall be striped on bituminous area and kept open at all times. 10. Petitioner to vacate remaining streets and alleys and replat property to incorporate the Met Council and Syverson/Danielsl parcels within 2 years of the preliminary plat approval for Lot 1, Block 1, Park Shop. Southerly lots owned by the Carlson's shall not be used for "Park" or other operations until aforementioned approvals have been granted except for the removal of existing material. Chairperson Kondrick explained that this matter will go before the City Council on August 9. Mr. Carlson asked if that will have any affect on their being able to break ground once the city engineer approval has been received. Mr. Hickok responded that the building permit issues are separate. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION TO APPROVE PS #04-04 CARRIED UNANIMOUSLY. 3. RECEIVE THE MINTURES OF THE MAY 6. 2004, HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINTURES OF THE MAY 12. 2003, APPEALS COMMISSION ^ MEETING. 7 CITY OF FRIDLEY PLANNING COMNIISSION MEETING, JULY 21, 2004 Page 8 of 9 ^ MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINTUES OF THE MAY 26, 2004, APPEALS COMMISISON MEETING. MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINTURES OF THE JUNE 3. 2004, HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Kuechie, seconded by Ms. Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK ,-� DECLARED THE MOTION CARRIED UNANIMOUSLY. n 7. RECEIVE THE MINTURES OF THE JUNE 23. 2004. APPEALS COMMISSION MEETING. MOTION by Mr. Kuechle, seconded by Mr. Oquist, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECIVE THE MINUTES OF THE MAY 17. 2004. PARKS AND RECREATION COMMISSION MEETING. MOTION by Mr. Kondrick, seconded by Ms. Johns, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the August 4& 18 Planning Commission meetings have been cancelled due to a lack of applications. : CITY OF FRIDLEY PLANNING COMIVIISSION MEETING, JLJLY 21, 2004 Page 9 of 9 � Mr. Hickok reported that the Town Center Development at the southwest comer of Mississippi and Old Central has asked for an extension on their plat filing time for six months. Staff asked the developers to come into the office and update them on what's happening on that site. The developers assured staff that they hope to break ground yet this year and that they hope to have some legal issues resolved within the next 60 to 90 days. The architectural and engineering plans are done and the bid packets have gone out. i"� �"'1 ADJOURNMENT: MOTION by Ms. Johns, seconded by Mr. Kuechle, to adjoum. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:32 PM. R ec u s ' ed by, , Reb Brazys R rding Secretary � � � �� �► -FTiit� , CITY OF FRIDLEY SIGN-IN SHEET PLANNING COMMISSION MEETING - . i� Address/Business 2.5��1/�. !6 � � rj� �*� �,�9 �t' � � �u � � � � -� � � � �v,���,s c����. ���� 1� �����