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PL 11/03/2004 - 30872^ CITY OF FRIDLEY PLANNING COMMISSION NOVEMBER 3, 2004 �"� CALL TO ORDER Chairperson Savage called the November 3, 2004, meeting of the Planning Commission to order at 7:30 p.m. ROLL CALL Members present: Members absent: Barbara Johns, Larry Kuechle, Diane Savage, Dean Saba, Leroy Oquist and Brad Dunham. David Kondrick Others present: Stacy Stromberg, City Planner Rebecca Brazys, Recording Secretary Karen Sorenson, Creekside Properties Curtis Sorenson, Creekside Properties Herald Koskiniemi, Creekside Properties Sandy Koskiniemi, Creekside Properties Pam Reynolds, 1241 Norton Avenue, Fridley APPROVE PLANNING COMMISSION MINUTES — October 6, 2004 MOTION by Mr. Saba, seconded by Mr. Kuechle, to approve the minutes of the October 6, 2004 Planning Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 1. Consideration of a rezonina ZOA #04-02 bv Sandra Koskiniemi and Glen Harstad to rezone the properties located at 7101 7103 and 7151 Hiahwav 65 from M 2 Liqht Industrial to C-2 General Business Rezonina the properties will allow the current use to conform to the zoninq code reauirements MOTION BY Mr. Oquist, seconded by Mr. Kuechle, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:34 PM. Ms. Stromberg explained that Creekside Properties, owner of 7101 Hwy 65 and Glen Harstad, owner of 7151 Hwy 65, are requesting to rezone their properties from M-1 Light Industrial to C-2 General Business. Rezoning their properties will allow the current uses to conform to the zoning code requirements. Ms. Stromberg stated that staff advised the owner of the building located at 7101 Hv►ry 65 to �1 apply for the rezoning as a result of a conflict befinreen an existing tenant, who needed zoning compliance sign-off, and the M-1 Light Industrial zoning district regulations. CITY OF FRIDLEY PLANNING CONIlVIISSION MEETING, NOVEMBER 3, 2004 Page 2 of 5 ^ In order to avoid spot zoning and to accomplish a successful rezoning, Ms. Stromberg explained, both of the properties at 7101 and 7151 Hwy 65 would need to be rezoned. Therefore, staff and Creekside Properties consulted Don Harstad, owner of 7151 Hwy 65, to see if he was interested in having his property rezoned from M-1 Light Industrial to C-2 General Business. He determined that it was the right decision for his property, thus the rezoning request from both Creekside Properties and Glen Harstad. Ms. Stromberg further explained that the property at 7101 Hwy 65 is zoned M-1 Light Industrial and has been since the late 1950's. The property was developed in 1960 when an office / warehouse building was constructed. In 1972, an office addition was constructed and in 1974, a warehouse building was constructed. Since 1974, at least 3 building permits have been issued to remodel the existing storage space into office space. It appears that over the years, the use of this building has been changed to accommodate office and retail uses, such as a contractor's office, tax services, realty services, attomey's office, barbershops and more recently Esquire hair and tanning salon and It Figures fitness club. The property at 7151 Hwy 65, Ms. Stromberg stated, is also zoned M-1 Light Industrial and has been since the late 1950's. In 1969, a building permit was issued for a trailer sales office and as a result, a special use permit was granted for a 3 year period. In 1971, the properly owner sought a rezoning to commercial which was denied because it was felt that although this area should have a commercial zone, they wanted to wait for a more permanent business to locate on the site. In 1974, a special use permit was granted to operate a trailer sales lot for 5 years and in 1980 an additional special use permit was granted with no time limit or review, unless there was a change in use. This property has remained a trailer sales lot since 1980 and is now � Comfort Homes. In 1989, Ms. Stromberg explained, the City Council approved a rezoning for 7191 Hwy 65 from M-1 Light Industrial and R-3 General Multiple Dwelling to C-2 General Business. Currently this is where Chopper City Sports is located. In 1990, City staff met with the remaining property owners between the railroad tracks and 72"d Avenue, in an attempt to have them file a joint rezoning application for the entire block. The reason for the meeting was because all of the uses within that corridor were generally office and retail. At that time, there were concerns regarding the contractor offices and associate yards as to whether they would continue to be permitted uses under the C-2, General Business district regulations. City staff determined that they would continue to be permitted uses under the C-2 zoning district. At that time, the owners prefeRed to let the existing zoning stand. Ms. Stromberg further explained that in 1992, the City Council approved a rezoning request from Ed Stanke for his properly located at 7091 Hwy 65. At that time, he requested a rezoning to better match the existing uses in his building, which were an insurance and marketing office and a diet center. As a result of the rezoning for 7091 and 7191 Hwy 65, Ms. Stromberg stated the subject properties were left as an industrial island between finro commercial properties. The existing land use isn't consistent with the existing zoning designation. Rezoning these properties would be a continuation of the existing C-2 zoning classification as the lots on either side of the subject properties are zoned C-2, General Business. Therefore, rezoning these properties would be consistent with the neighboring properties. � As was stated earlier, Ms. Stromberg explained, one of the Creekside Properties tenants came into City Hall to request a zoning compliance sign-off. Because of the conflict between the use �-� CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 3, 2004 Page 3 of 5 ^ (It Figures) and the M-1 zoning code requirements, staff was unable to sign-off. City staff then suggested that the best way to resolve this use conflict for this particular tenant and the other tenants in the building would be to rezone the property to C-2, which is the current use of the property. In order to accomplish a successful rezoning, the lot at 7151 Hwy 65 would also need to be rezoned. It should also be noted that these properties will remain as they exist today; there are no current plans to make changes to either of the properties. Ms. Stromberg stated the City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to rezone property from one designated use to another so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designates this area as "Redevelopment.° While these properties aren't being redeveloped, they are eliminating incompatible land uses by correcting the current use of the property to the zoning regulations. Ms. Stromberg explained that Comfort Homes, located at 7151 Hwy 65, has a special use permit to allow a trailer sales lot, which is required in the M-1 zoning district, as well as the C-2 zoning district. It would be beneficial to include as part of this rezoning request, the transfer of the special use permit on this property from the M-1 zoning to the C-2 zoning to keep this property in conformance. Staff would recommend that the Planning Commission note this in their motion, if the rezoning is approved. Ms. Stromberg stated City Staff recommends approval of this rezoning request because the proposed zoning will allow the current use of the properties to conform to the zoning code �, requirements. City Staff recommends approval of a special use permit transfer for the property at 7151 Hwy 65 to allow an agency that sells and displays manufactured homes. Sandy Koskiniemi, Creekside Properties, stated this issue came up when one of the tenants in their building wanted to put up some signage for his business. She explained they were not aware when they purchased the building that their tenancy doesn't fit the current industrial zoning. Pam Reynolds, 1241 Norton Avenue, which is behind the property in question. She questioned whether this would constitute spot zoning since the rest of the properties around this site are zoned M-1. Ms. Stromberg responded that rezoning these properties would not constitute spot zoning as it is an extension of the commercial district and the current uses are commercial in nature. Ms. Reynolds then asked why 7151 Hwy 65 would continue to need a special use permit with the proposed rezoning. Ms. Stromberg explained that a special use permit is required in an industrial or commercial district for an agency that sells manufactured homes. Ms. Johns asked if Chopper City also has a special use permit. Ms. Stromberg replied that they do. � MOTION by Mr. Saba, seconded by Mr. Kuechle, to close the public hearing. � CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 3, 2004 Page 4 of 5 ,� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING CLOSED AT 7:50 PM. � Mr. Saba commented that he doesn't consider this request to be spot zoning as it conforms to what surrounds the property and makes sense. Mr. Kuechle stated he agrees with Mr. Saba particularly since it is located along a busy highway, the businesses are of a commercial nature and doesn't consider it spot zoning. MOTION by Mr. Saba, seconded by Mr. Kuechle, to recommend approval of rezoning ZOA #04- 02 by Sandra Koskiniemi & Glen Harstad to rezone the properties located at 7101, 7103 and 7151 Highway 65 from M-1 Light Industrial to C-2 General Business along with the recommendation that the special use permit on 7151 Hwy 65 be transferred. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive the minutes of the September 13 2004 Parks & Recreation Commission meetina. MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the October 19 2004 Environmental Qualitv � Enerav Commiss�on meetma. MOTION by Ms. Johns, seconded by Mr. Kuechle, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 4. Approve the 2005 Plannina Commission meetinq dates Ms. Stromberg presented the following for the proposed 2005 Planning Commission meeting dates: January 5 & 19 February 2 & 16 March 2 & 16 April 6 8� 20 May 4 & 18 � June 1 & 15 July 6 & 20 August 3 & 17 0 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 3, 2004 Page 5 of 5 ^ September 7 & 21 October 5 & 19 November 2 & 16 December 7 & 21 MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve the proposed 2005 Planning Commission meeting dates as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Stromberg stated the next regular Planning Commission meeting will be November 17. Ms. Stromberg also reported that the fourth and final housing forum is scheduled for Thursday, November 18. ADJOURN: MOTION by Mr. Oquist, seconded by Mr. Kuechle, to adjoum. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 7:52. ,� Respectfully submitted by, ���'� �l, ��� �� Rebecca Brazys Recording Secretary � 5 n ,�--� � CITY OF FRIDLEY SIGN-IN SHEET � PLANNING COMMISSION MEETING I �:� � � ( � j______________________________________________________________ I'� I Name �%�� c-�,. � I�~��--m � � � � - � � � � � L�/ ,� C ���.�,�.�-,�._.� Address/Business ��� - ., � C�-C� �Zi`� L�� ��� T � � � , r .- E: �- .< <, U i 7 �, � � � � -�.� � �v �I - � z