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PL 11/17/2004 - 30873� CITY OF FRIDLEY PLANNING COMMISSION NOVEMBER 17. 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: Barbara Johns, Larry Kuechle, David Kondrick, Diane Savage, Dean Saba, Leroy Oquist and Brad Dunham. Others present: Stacy Stromberg, City Planner Julie Jones, Planning Coordinator Scott Hickok, Community Development Director Rebecca Brazys, Recording Secretary Tom Myhra, 6360 Able Street NE Tim Neeb, 6041 Woody Lane NE AI and Paula Thoreson, 1314 Hillcrest Drive NE Mary Petersen, 1049 Gardena Avenue NE Dave and Sherry Lindes, 5928 Woody Lane NE Joan McLaughlin, 1050 Gardena Avenue NE Christine Bellard, 1322 Hillcrest Drive NE Thomas Bard, 6003 Gardena Circle NE � Richard and Olga Palmer, 1329 Gardena Avenue NE Jim Million, 1579 Ferndale Avenue NE Bob Bamette, 541 Rice Creek Blvd NE Julie Archer-Kath and Jane Diuninck, 1348 Hillcrest Drive NE Carol Masserano, 1550 Camelot Lane NE Roger and Yvonne Engstrom, 5724 Matterhorn Drive NE Lawrence and Meredith Hills, 5712 Matterhorn Drive NE Fortinse Tiaghoin, 6160 Briardale Court NE Archa Ivey, 6160 �riardale Court NE James Ivey, 6160 Briardale Court NE Don Brummer, 5700 Matterhorn Drive NE Spencer and Gay Minear, 1291 Gardena Avenue NE Mushtaq A. Syed, 1303 Fireside Drive NE Rick Ahu, 5477 East Danube Road NE Abdisalam Adam, 5708 Jefferson Street NE Kais Guiga, 1401 Gardena Avenue NE Martin D. Schutz, 5991 Gardena Lane NE Slah Jendoubi, 1604 Briardale Road NE Nafisa Farah, 5708 Jefferson Street NE Fawzis Moher, 722 99�' Circle, Blaine Tom and Lynn Lasser, 5840 Tennison Drive NE Anwar Abdel-Karim, 5400 Matterhorn Drive NE Eman Abdel-Karim, 5400 Matterhorn Drive NE Heba Abdel-Karim, 5400 Matterhom Drive NE .-� Raman Hamade, 1001 Lynde Drive NE Hala Bazzi, 1001 Lynde Drive NE Elsie Honscon, 6000 Stinson Blvd NE CITY OF FRIDLEY PLANNING COMNIISSION MEETING, NOVEMBER 17, 2004 Page 2 of 22 � Don and Pat Lewis, 6001 Gardena Circle NE Jim Hamilton, 5990 Oakwood Manor NE Jennifer Maxwell, 6818 N Overhill, Chicago, IL 60631 Mark Thomas, 5650 Main Street NE Matt Anderson, 5650 Main Street NE Brian Collins, 5650 Main Street NE Pam Reynolds, 1241 Norton Avenue NE Mark Schwartz, 1372 64�' Avenue NE Mike Gannucci, 1332 Hillcrest Drive NE Jim and Joan Hunta, 6014 Wood Lane NE Ray McAfee, 1360 Hillcrest Drive NE Mary Pretrine, 6177 Heather Circle NE George Bateson, 6192 Heather Circle NE Dick Alexander, 1281 Gardena Avenue NE Anisa Aluisanni, 1350 44 %2 Avenue NE, Columbia Heights Fariba Soavani, 1348 44�' Avenue NE, Columbia Heights Abdulla Mamdani, 5812 Matterhorn Drive NE James McShane, 5800 Matterhorn Drive Ahmed Omar, 5201 Drew Avenue N, Brooklyn Center Zahra Ismail, 1591 68th Avenue NE Pat and Anne Kile, 1310 Hillcrest Drive NE Gary King, 1349 Hillcrest Drive NE Bashir A. Moghul, 1465 Gardena Avenue NE Steve and Joan Glasper, 1324 Hillcrest Drive NE � Donald Anderson Jr., 7304 West Circle NE Irfan K. Sandozi, 2166 Lakebrook Drive, New Brighton Zafar Siddiqui, 783 101St Avenue NE, Blaine Rafi Sohail, 10126 Monroe Street, Blaine Adil Khan, 525 81St Avenue N, Brooklyn Park Afshan Anjum, 2166 Lakebrook Drive, New Brighton Hassan Abdillahi, 722 99th Circle NE, Blaine Bob Boldaulf, 6045 Gardena Lane NE Patrick Vescio, 1331 Hillcrest Dive NE Bill and Mary Simms, 1494 Gardena Avenue NE Lamaa Elsharif, 5750 Jefferson Street NE APPROVE PLANNING COMMISSION MINUTES — November 3, 2004 MOTION by Mr. Oquist, seconded by Mr. Saba, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok introduced Julie Jones, the new Planning Coordinator for the City of Fridley. PUBLIC HEARINGS: 1. Consideration of a Special Use Permit, SP #04-05, bv Home Depot USA, Inc. to ,.� amend their existinq saecial use permit to allow the expansion of their aarden center, ctenerallv located at 5650 Main Street NE. 2 CITY OF FRIDLEY PLANNING COMIVIISSION MEETING, NOVEMBER 17, 2004 Page 3 of 22 MOTION BY Mr. Kondrick, seconded by Ms. Johns, 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 7:35 PM. Stacy Stromberg explained the petitioner is seeking a Special Use Permit to allow an expansion of the Home Depot Garden Center at 5650 Main St. This expansion will be to the south side of their building, will be 20 by 189 feet in size and will provide an additional 3,780 square feet of space to offload and prepare for sale garden materials. In 1995, Home Depot was granted two Special Use Permits one of which was to allow a garden center or nursery which requires outdoor display or storage of inerchandise. The second Special Use Permit allows establishment of drive in types; selling, serving or operating goods or services directly to customers in waiting or parked vehicles or for customers who return to their vehicles to consume the goods or services while on the premises. Any changes to these Special Use Permits require the approval of another Special Use Permit. Ms. Stromberg stated the subject property is zoned C-3, General Shopping and is approximately 11.6 acres in area. When Home Depot was originally constructed in 1995, the City approved the project with the stipulation that no plant sales were to occur outside the confines of the garden center. Home Depot agreed to that stipulation. In the spring of 1996, the Home Depot became in violation of the stipulation as well as the outdoor storage code by displaying merchandise for sale outside of the garden center. Staff contacted management several times through correspondence and visits to alert them of the violations. No action was taken by the Home Depot management to resolve the violation, so a citation was issued and r--� filed at the Anoka County Court. Ms. Stromberg stated, the result from that court process was for Home Depot to pay a fine and have no similar violations for one year. When the Home Depot corporate office was notified of the violation after the citation was issued, the outdoor storage issues were immediately remedied. At the same time, the City Council held a meeting to revoke the Special Use Permit and instructed the Home Depot to keep their site free of any outdoor storage and kept the public hearing open. Over the last eight years, Ms. Stromberg stated, City staff has had to contact Home Depot at least once each spring and summer season regarding outdoor storage. They are planning this 20 by 189 foot expansion to allow additional space for off-loading and preparation area for plant material as well as for a staging area. As a result, the addition will help to alleviate the outdoor storage issues that have occurred on this site. On the south side of the subject property, Ms. Stromberg explained there is a 30 foot Xcel easement that the proposed addition will encroach into. The petitioner has indicated that Xcel has reviewed the plans for the addition and do not have any issues with it; however they will not put anything in writing until the City approves the addition. Ms. Stromberg stated this addition will allow traffic to continue circulating around the building with the provision of a 20 foot drive aisle. The expansion will result in the elimination of four parking stalls, but the parking requirements for this site will still be met. The property currently and will continue to meet all setback and lot coverage requirements. � Ms. Stromberg stated that staff recommends approval of this Special Use Permit as it is a modification to their existing Special Use Permit and will help to alleviate the outdoor storage K� � CITY OF FRIDLEY PLANNING COMIVIISSION MEETING, NOVEMBER 17, 2004 Page 4 of 22 � issues there have been on this site. Staff recommends that if the Special Use Permit is granted, the following stipulations be attached: 1. Petitioner to submit written approval from Xcel Energy regarding building in their easement prior to issuance of a building permit. 2. The Petitioner shall keep the 20 foot drive aisle along the south side of the property clear of any debris and merchandise. 3. The materials within the garden center shall not exceed the height of the fence or walls of the garden center. 4. The proposed garden center addition is to be architecturally compatible writh the existing garden center. 5. There shall be no outdoor (within the garden center) sales of fertilizers, pesticides or other potential pollutants. All such materials shall be contained within the roofed portion of the building. 6. There shall be no off-season storage within the garden center. 7. There shall be no sales, storage or display of plant material or any other merchandise outside the confines of the garden center walls. 8. Prior to issuance of a building permit the petitioner is to illustrate on the site plan the location of the staging area within the garden center. Mr. Kuechle questioned the reason for stipulation 6. He stated the fence around this area is "closed ofP' so it cannot be seen through so it shouldn't matter if there is storage in that area. Ms. Stromberg responded this is a standard stipulation that was included in the first Special Use � Permit granted to Home Depot. Mr. Hickok stated this is an important stipulation because it does help control outdoor storage of large merchandise that might block fire and emergency access. There have been examples in the past when large bulk merchandise was warehoused in the garden center in the off season. Jennifer Maxwell, Greenberg Farrow Architecture, representing Home Depot, questioned stipulation 5 regarding the storage of fertilizer and pesticides. She explained that a portion of the garden center has a corrugated metal roof and asked if that area would meet the requirements in stipulation 5. Mark Thomas, Home Depot store manager, explained that they have a sweeping program to keep the aisles clear in the areas where the fertilizer and other hazardous materials are stored. Those sweepings are placed in a hazmat container and transferred by a hazmat certified carrier. Also, no water gets to the fertilizer that is displayed and stored under the metal roof. Mr. Hickok explained if the canopy keeps rainwater out of the area where fertilizer and pesticides are stored, thafs the important issue. Staff is concerned that if these items are affected by rainwater, there could be hazardous material getting onto the floor and eventually into the run-off from this property. Staff will be glad to take a look at this area and if they're not comfortable that the material is being protected from the weather, Home Depot will be asked to store it inside. Mr. Thomas commented there is approximately 16 feet between the outside roof lane and the � first bay of fertilizer so there is a significant amount of roof covering. Chairperson Savage asked if the petitioner has concems about any of the other stipulations. 0 CITY OF FRIDLEY PLANNING CONIlVIISSION MEETING, NOVEMBER 17, 2004 Page 5 of 22 ,^"'1 Ms. Maxwell stated they do not. Ms. Johns asked if this proposed addition will alleviate the outdoor storage problems that have occurred in the past. Ms. Maxwell stated that it will. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:50 PM. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend approval of a Special Use Permit, SP #04-05, by Home Depot USA, Inc. to amend their existing special use permit to allow the expansion of their garden center, generally located at 5650 Main Street NE, with the following stipulations: 1. Petitioner to submit written approval from Xcel Energy regarding building in their easement prior to issuance of a building permit. 2. The Petitioner shall keep the 20 foot drive aisle along the south side of the property clear of any debris and merchandise. 3. The materials within the garden center shall not exceed the height of the fence or walls of the garden center. 4. The proposed garden center addition is to be architecturally compatible with the existing garden center. 5. There shall be no outdoor (within the garden center) sales of fertilizers, pesticides or other potential pollutants. All such materials shall be contained within the roofed portion of the building. 6. There shall be no off-season storage within the garden center. 7. There shall be no sales, storage or display of plant material or any other merchandise outside the confines of the garden center walls. 8. Prior to issuance of a building permit the petitioner is to illustrate on the site plan the location of the staging area within the garden center. Mr. Oquist abstained from voting on this matter since he is a part-time Home Depot employee. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY (WITH MR. OQUIST ABSTAINING). 2. Consideration of a Special Use Permit. SP #04-06, bv Anwar Abdel-Karim, Islamic Center of Minnesota, to amend their special use permit to allow a school expansion to be used for classrooms and a multiple purpose room, aenerallv located at 1401 Gardena Avenue NE. MOTION by Mr. Kondrick, seconded by Mr. Oquist, 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 7:53 PM. �� CITY OF FRIDLEY PLANNING COMIVIISSION MEETING, NOVEMBER 17, 2004 Page 6 of 22 r� Julie Jones, Planning Coordinator, stated the petitioner is seeking a special use permit to allow an expansion of the existing private school which is located at 1401 Gardena Avenue. This school and religious center exist as a result of a previously granted special use permit to allow a private school and church at this location. The Islamic Center purchased the property in 1988. Ms. Jones explained that the Islamic Center property at this location is a rather odd shape due to the fact that it was originally developed as a walk-in elementary school, which explains the extensions to Hillcrest Drive and Oakwood Manor. The Islamic Center also owns the property located at 1345 Gardena Avenue and 1413 Gardena Avenue. The home at 1413 Gardena is currently used to house a day care for the Islamic Center. All the Islamic Center property is zoned R-1, Single Family, as are all of the surrounding properties. To the south of this site is Totino-Grace High School. The subject property was developed in 1967 when Gardena Elementary School was constructed. Gardena Elementary closed in the fall of 1978 due to the projected decline in student enrollment. The school was then sold to Faith Academy and the City has since considered several special use permit applications for this property. Ms. Jones stated, the Islamic Center purchased the property in 1988 and the AI-Amal School opened in September of 1994. The AI-Amal School opened in September of 1994 and leases space in the building from the Islamic Center. The AI-Amal School provides education for children ages kindergarten through 12�' grade and was founded by parents and community members who wanted an alternative to public school for their children. The AI-Amal School serves Muslim children and their families from the Twin Cities and the surrounding suburbs and is the only Islamic school in Minnesota. The AI-Amal school classes are in session Monday through Friday with extra-cumcular activities provided in the evening. The Islamic Center holds Sunday school for children on Sundays and a time of prayer for the adults. No regular scheduled religious services are currently being held at this property. Ms. Jones stated the Islamic Center is currently seeking a special use permit to expand their existing 36,537 square foot school with a finro-phased addition. The first phase of the addition will extend to the northwest of the building and will include 14 classrooms, a lounge, meeting room, and rest rooms. This addition is 15,080 square feet and is projected to be constructed in the spring of 2005. The second phase will continue beyond the first phase to the northwest and will include a large multi-purpose space, a gym / gathering type space, locker rooms, a library, a book store, a new main entry and various administrative offices. This space would be 24,614 square feet and is tentatively planned to be constructed within 5 to 10 years of completion of the first phase. Mrs. Jones explained that the AI-Amal staff has stated Phase I is essential for the school to retain its student base. Even though Phase II isn't on the horizon any time soon, it was included in this request to show their overall master plan for the site as staff had requested. The architect has designed Phase I to have a one-level appearance to coincide with the existing school building. The multi-purpose room proposed for Phase 2 will not be a Mosque. The Islamic Center's Mosque currently exists in Columbia Heights and they have no plans to relocate it, even if Phase II is constructed. It should also be noted that the minaret (tower from which the prayer callings are made) shown on the site plan on the east side of the alcove on Phase II will not be constructed. The Islamic Center has informed staff that they hadn't intended to have a minaret at this site and it should not have been included on the site plan. � Ms. Jones stated the school currently serves approximately 300 children between the grades of Kindergarten through 12th. Since this building was originally constructed as an elementary school, there is limited space to service middle school and high school children, such as science �� CITY OF FRIDLEY PLANNING COMNIISSION MEETING, NOVEMBER 17, 2004 Page 7 of 22 � and computer labs. These services are essential for a private school to attract students in today's market. Currently the gym serves as recreation space for the students as well as the cafeteria and cafeteria for the high school students. The prayer room and library are also being converted into classrooms on a daily basis. Because of the lack of space most of the middle and high school grades have been combined. The Islamic Center has noted to staff that this 36,537 square foot building would work wonderfully for the elementary children but the need for additional space is to attract and keep the children in the middle and high school grades. Ms. Jones stated the main reason for the addition is simply because they have outgrown their existing facility and because they want to provide additional high school education opportunities. They currently do not have space to incorporate certain educational needs such as science labs, computer rooms, a library and a music room. As a result of not having these types of services, the Center has lost some of their student body. Constructing this addition will reduce crowding and provide the extra space needed for special classrooms. The Islamic Center hopes this will result in bringing some of their lost student population back. Ms. Jones stated the school will be physically larger; however the student population and the teacher to student ratio will stay very close to what they currently have. This addition is meant to provide necessary space for the students and activities that already exist in cramped quarters. The Islamic Center has indicated to staff that they don't expect to grow much beyond the 300 students they currently have. One of the attractions to a private school is small class size, so even with the proposed addition, they believe that 500 students would be a"dream" but 400 total is more realistic. � The AI-Amal website, Ms. Jones explained, states that they hope to grow to 1,000 students. This statement has been clarified by the AI-Amal school to mean that it is the ultimate dream of theirs to be at 1,000 students. However, if that dream were to come true, the school would move to a different location. In fact, the architects have informed them that it would be impossible to accommodate a 1,000 students on this site. Mr. Hickok proceeded with the presentation stating that Fridley City Code requires that the minimum amount of parking stalls for this site is 212 with the existing building and Phase I and II. To meet those requirements, the petitioner will need to construct the code required parking stalls for the existing facility and Phase I, which is 102 parking stalls. The remaining 110 parking stalls can be a proof parking until Phase II would be constructed. The AI-Amal school, Mr. Hickok stated, doesn't allow their children to drive to school which results in the need for less parking. The Islamic Center also has a cross-parking agreement with Totino Grace. This agreement allows the Center to use Totino Grace's parking lot on a space available basis when Totino Grace is not holding normal classroom activities. The Islamic Center has indicated to staff that they have a very close relationship with Totino Grace and they coordinate their schedules so both schools don't have big events happening at the same time. Mr. Hickok explained that Fridley City Code also requires that the maximum lot coverage requirement in an R-1, Single Family zoning district is 25%. It also requires a 40 foot rear yard setback. The proposed project with the existing and proposed additions has 13% lot coverage and a 40 foot rear yard setback, both of which meet the code requirements. � A church and school use, Mr. Hickok stated, in the R-1 Single Family zoning district may be more closely compared to the CR-1 General Office zoning district requirements. This zoning 7 CITY OF FRIDLEY PLANNING COMIVIISSION MEETING, NOVEMBER 17, 2004 Page 8 of 22 � district is more typical of businesses that can closely interact with a residential district. The code requirements allowed in this district are 40% maximum for lot coverage and a 25 foot rear yard setback. Mr. Hickok stated Fridley City Code also requires lighting to be shielded and downcast and to not extend over the property line. The petitioner will need to comply with all code requirements including but not limited to lighting, screening, landscaping, etc. The proposed expansion of the school was designed in a manner that allows the scale to relate to the lower-rise residential structures that surround the campus. Phase I is designed to primarily be a single story with some architectural embellishments that will then relate to Phase II once it has been completed. Phase II has a large peaked roof over the multi-purpose area. The mass of this roof has been diminished by stepping it back beyond a single story fa�ade. This has a positive influence in pulling down the scale of the taller portion of the building so, again, it can relate to the lower rise residential structures around it. The exterior material of the additions will be primarily stucco. Mr. Hickok stated Fridley City Code does have a wetland overlay district but it does not restrict how close a building can be located to a wetland. Therefore, City staff contacted the DNR to get their advice on what a proper building setback would be from the wetland located on the Islamic Center property. The DNR informed staff that this particular wetland is not a"protected wetland." As a result, the DNR doesn't have restrictions on how close you can build to a non- protected wetland. The closest portion of the proposed building addition in Phase 2 would be 48 feet from the delineated edge of the wetland. Mr. Hickok explained that the petitioner has hired Brian Burgener with Svoboda Ecological ^ Resource to delineate the existing wetland. The wetland has been delineated and the wetland boundary has been identified. Currently, the petitioner's consultant is working with the Rice Creek Watershed to evaluate any additional restrictions that might be on the site, in relation to the wetland. Mr. Hickok stated Fridley City Code requires that no land shall be altered in a way that would result in water run-off that would cause flooding, erosion or deposits of minerals on adjacent properties. The petitioner is proposing to locate a storm pond to collect a majority of their run- off on the lot at 1345 Gardena Avenue. Fridley Engineering staff will review the project to ensure that engineering calculations of the project's engineer protects the integrity of the state's run-off requirement and to ensure neighboring property owners aren't affected by this addition. Mr. Hickok stated staff reviewed the City's Comprehensive Plan's Transportation Chapter to evaluate the traffic capacity for Gardena Avenue. It indicates that Gardena Avenue's daily traffic capacity is befinreen 8,000 to 9,000 vehicles per day, to be considered to function at a Level of Service (LOS) D. The 2001 traffic count on Gardena Avenue, east of Matterhom Drive, was 4,150 AADT (vehicles a day) which is approximately 50% of the capacity it could handle in a given day. Currently, the students are dropped off in front of the school through the use of street / curb expansion. The proposed addition will allow the busses and parents to drop the children off in front of Phase I, within the new parking lot expansion; thereby reducing congestion on Gardena Avenue. Mr. Hickok further stated the AI-Amal school currently has 344 students. Woodcrest Baptist Academy has 235 students and Totino Grace has a student population of 1100 students. AI- �� AmaPs campus is just shy of 14 acres. The current building for the AI-Amal school is 36,537 square feet. The Phase 1 class room addition is 15,500 square feet and Phase II is 24, 614 square feet. With both Phase I and Phase II built, AI-Amal school will occupy only 13% of their : CIT'Y OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 9 of 22 � entire school property. The Woodcrest Baptist grounds are approximately 4 acres. Their total building area is 35,433 square feet (original church 3472 square feet, 1967 addition of 4,725 square feet, school 17,000 square feet, gym and prayer space addition 10,236 square feet). Their lot coverage is 20%. Totino Grace High School has 30 acres with just over 250,000 square feet of building for total lot coverage of 19%. Mr. Hickok stated another comparison would be to analyze the student population to the square foot dimension of their respective facility. This number is derived from dividing the number of square feet of facility by the number of students who attend. Totino Grace has 227 square feet of space per student. Woodcrest Baptist Academy has 150 square feet per student. AI-Amal School has 106 square feet per student currently. AI-Amal school will have 153 square feet per student with Phase 1 addition and 227 square feet per student with Phase I and Phase II complete. City staff thought it was interesting to point out these comparisons in order to show the relationship between each school and the amount of land owned and the relationship befinreen the square footage of space and the student population. In all instances, it shows that the AI-Amal school has less lot coverage or the same student space per square foot than either of the other schools, even if Phase II is completed. Mr. Hickok reviewed the pyramid of different kinds of zoning decisions and the city's discretion to approve or deny land use applications. The importance of the "record" made before the City is an important piece. TonighYs hearing will create a public record for the City. We'll consider the rights of the property owners and the applicants. What an applicant needs to have a project approved, he explained, in the simplest situation is a building permit. A permitted use that has a non-conforming aspect requires a variance approval. A special use requires special use � permits. This is a situation where the Islamic Center requires a special use permit and a building permit to proceed. If the City Council approves this request and is subsequently sued, the City must defend its decision based on the record made at City Council and Planning Commission meetings. If the applicant meets City ordinances, the City must issue the permit. Sometimes ambiguous City ordinances are construed in favor of the property owner, usually the applicant. Mr. Hickok stated in the courts viewpoint, neighbors and neighborhoods cannot be given veto power over applications. Advance approval is not required from neighborhoods and neighborhood opposition cannot be the sole basis for denying an application. But the facts and evidence that neighbors provide can support approval or denial. Ms. Jones explained that staff recommends approval of this special use permit, as it is a modification to their existing special use permits which allows a private school and religious activities in the R-1 Single Family District. Staff recommends approval with the following stipulations: 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA requirements. 3. Existing building and proposed Phase I and II to be sprinkled to MN Rules Chapter 1306. 4. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a ,� building permit. 6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. � CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 10 of 22 � 7. Petitioner to provide landscaped hedges along the west and south side property lines when abutting a single family residence. 8. Curb cut and corresponding drive aisle off of Gardena shall be widened to 30 feet. 9. All lighting on the property shall be shielded and downcast and shall not exceed 3 food candles at the property line. 10. The maximum height of either addition shall not exceed 45 feet. 11. When Phase II is constructed, existing parking, now shown as proof of parking, shall be installed. � MOTION by Mr. Kondrick, seconded by Mr. Saba, to accept into the record correspondence received from Chris and Barb Rodgers, Maija and Frank Sedzielarz, Brian and Beverly Wuertz, Christine Bellard, and Don and Patricia Lewis. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated one of his major concerns was the traffic congestion created by parents dropping off children. He asked if the current curb cut along Gardena Avenue for drop-off will be removed once the new entrance has been established. Mr. Hickok responded that parents may continue to use the existing drop-off zone but will find it more safe and convenient to utilize the new drop-off location. He did point out that the current curb cut does take traffic completely off the roadway. He added that the school does a very good job of communicating such concems to the parents. Ms. Savage asked about the reference to additional traffic information from the Engineering department. Mr. Hickok stated they did receive the final analysis from engineering today and it mimics what was in the staff report. It states that Gardena Avenue has 4150 trips; for comparison, Rice Creek Road is 4300 daily grips, North Innsbruck Drive is 5200, 61St Avenue at the high school is 4500 and Mississippi Street east of Central Avenue is 4700. Ms. Johns questioned how the additional run-off created by the new construction will be controlled. Ms. Jones replied that the drainage will be to the south and the single family lot on the south side of the property will be the location for a new retention pond. Final details and calculations will have to be reviewed and approved by city staff. Ms. Johns asked what the depth of the new pond will be and whether there will be any protection around the pond because of the close proximity to the school. Ms. Jones responded that the plans they've seen indicate a rather deep pond and staff raised concerns about the safety issues. Mr. Hickok stated the engineering report states that the additional storm water overflow will be designed to flow to the vacant lot without affecting adjacent properties. Also their ultimate � grading and drainage plan must be reviewed and approved prior to any building permits being issued. � CITY OF FRIDLEY PLANNING CONIlVIISSION MEETING, NOVEMBER 17, 2004 Page 11 of 22 � Mr. Kondrick asked if a holding pond could be constructed in the wetland area. �1 Mr. Hickok explained there are a number of different storm pond design altematives. However, residents are concerned about maintaining the natural environment in that area. Mr. Dunham questioned if the single family lot will be an adequate size for the pond. Mr. Hickok responded that is part of the test that the engineering staff puts such projects through. It is federal law that state and local governments make certain that run-off is being managed properly. No project gets built and permits are not issued without having the proper capacity in the pond based on the hard surface that's been added to a site. That proper capacity is something their engineers need to design and our engineers need to approve before they move forward to the next step. Neighbors can rest assured that there will be a direct relationship between the new hard surFace introduced to this site and the storm pond capacity that's required to mitigate that hard surface. Ms. Johns asked whether the Rice Creek Watershed staff will be included in the approval process. Mr. Hickok stated staff will make certain that all of the concems of the Rice Creek Watershed staff are addressed. Mr. Dunham asked if Mr. Hickok is aware of other elementary schools with a holding pond on school property. Mr. Hickok stated it is not uncommon and any school constructed today must have a pond as part of its features because schools are not exempt from the law that requires them to mitigate their run-off. Mr. Dunham asked if this (pond) would be a school liability or a city liability if this project is approved. Mr. Hickok stated he's not an attomey, but it is the responsibility of the city to ensure that they're mitigating their storm water. We can't allow the project without a pond even if we feel that it's something a school would be better off without. Mr. Oquist stated if the approval of this request tonight is for Phase I and Phase II. Ms. Jones responded this would be approval for both phases. Ms. Savage stated it is her understanding that the petitioners were asked by City staff to create a master plan to include the entire project. Mr. Hickok stated Phase II was included at Staff's request because they wanted to make sure where any additional phases might be so it gives everyone a better picture of how the campus will be laid out in a maximum build out phase. Also any decisions regarding Phase I that may be affected by Phase II can be made with a clear picture. He did point out, however, that a special use permit can be called back and further reviewed. So, at such time that Phase II � comes along and the Commission wants to take another look at it, which can and should be done. 11 CITY OF FRIDLEY PLANNING COMIVIISSION MEETING, NOVEMBER 17, 2004 Page 12 of 22 ,r-1 Mr. Oquist questioned if the special use permit should be granted for Phase I only rather than for the whole complex. He felt it was premature to include Phase II. Mr. Hickok stated it is important to note that private schools are privately funded and, at any point, could have a financial opportunity to proceed with Phase II much sooner than they anticipated. Mr. Oquist commented that Phase II would have to be built exactly as it has been proposed or they would have to return for another special use permit. He also pointed out that this petitioner requested a special use permit a couple of years ago and never followed through with those plans. Consequently he was not comfortable with granting a special use permit for the entire project. Mr. Hickok stated they did not proceed with the special use permit granted at that time because they determined that rather than going ahead with temporary classrooms, they would rather wait and invest those funds in a permanent addition as they are doing now. Ms. Johns asked if the proposed retention pond is being designed to accommodate the entire project, Phase I and Phase II. Ms. Jones responded that is the reason that staff requested they present the entire project, to ensure that they have sufficient parking and storm water retention for the entire proposed development. ,� Mr. Oquist asked how the water from the east side of this site will get to the retention pond on the west side. Mr. Hickok stated it will be piped over. Anwar Abdel-Karim stated he is the Vice President of the Islamic Center. He explained that the students at AI-Amal are suffering due to lack of space and facilities. Some of the rooms in Phase I wrill be used for a teacher's lounge, a computer lab, a media center, and a music room. Several of the current classrooms have to serve dual uses because there is insufficient space. He stated they conducted an open house in July and invited all the neighbors to share information about the school's proposed expansion. The plan presented this evening shows modifications based on the feedback they received from surrounding property owners. Chairperson Savage asked if the petitioner had any problem with the stipulations proposed by City staff. Mr. Abdel-Karim responded that they have no objections to the stipulations. Mr. Dunham asked how deep the proposed retention pond will be. Naeem Qureshi , civil engineer hired by the petitioner, stated this is a very important project for him because his brother had been Fridley City Manager for 18 years. As far as locating the pond closer to the wetland, he explained the slope is pretty steep which is not adequate for a pond location. The watershed district staff has looked at the site. There are several stipulations � to consider for such a project including that no additional run-off can be created by expansion. Any additional run-off created by paving and other hard surfaces must be contained on the site and allowed to exit the site at the same rate it currently does. The pond has been sized to take 12 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 13 of 22 � care of the entire amount of additional run-off generated on the entire site. He also pointed out that the drive that used to go to the north has been eliminated. They have not done the final design for water run-off, but will work with the City staff. They will be taking an entire lot for the retention pond and anticipate the pond will be 6 to 8 feet deep. Mr. Kondrick asked if there is a need for a second retention area, would there be room behind the building for that. Mr. Qureshi stated they could put a very small pond in that area. Dean Dovolis, project architect, stated they held a community meeting in July and at that time the neighbors asked that there be no connection to Hillcrest to this project. That has been eliminated which should address the neighbors concems about through traffic. To ensure sufficient access for emergency vehicles, the new entrance to Phase I has been widened to 30 feet. Mr. Oquist asked if AI-Amal coordinates their class starting time so they are not at the same time as Totino-Grace. Mr. Abdel-Karim responded that they do; Totino-Grace starts at 7:00 a.m. and AI-Amal starts at 8:30. Marty Schutz, 5991 Gardena Lane, stated his property adjoins the Islamic Center property along a storm-sewer easement. He expressed his concern for the safety of his 3 children with relation ,� to the proposed holding pond. He also commented on the inability to use Totino-Grace facilities because it is too populated and was concemed that the addition of Phase I and Phase II will increase the problem. He questioned staff's traffic figures and suggested those studies should be expanded to include Old Central due to the new commercial development along that road. He further stated there is already heavy traffic due to so many students driving to school at Totino-Grace and they have increased their extra-curricular activities. Mr. Schutz also stated that the Islamic Center has an arrangement with Totino-Grace to use their parking lot in exchange for Totino using the Islamic Center's ball fields. The proposed expansion would eliminate those ball fields. Also, the City has no control over the Islamic Center possibly selling the property in the future and what the subsequent owner may do on the property. Even though the AI-Amal students are not allowed to drive to school, a future property owrner may allow a different situation that would contribute to the traffic concems which could impact the neighborhood that he's lived in for 26 years. Since the meeting in July, three homes have gone up for sale. Mary Simms, 1494 Gardena Avenue, stated with the parents bringing the students to AI-Amal there's actually four trips per day. To compare this school location to the Woodcrest School is not accurate because that school is on University Avenue while AI-Amal is surrounded by single family homes. She believes the traffic has tripled in the 18 years she has lived in the neighborhood. Jim Hamilton, Oakwood Manor, stated when there's a heavy rain, about 6 inches of water flows down 60�' to Moore Lake. He also stated he has a mail route in that area and befinreen 10:30 and 11:00 a.m. and 3:00 and 3:30 p.m. the roads are totally congested. The off-street parking � cuRently in front of the school actually creates a blind spot, which is a hazard. He was also concerned about the proposed retention pond. 13 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 14 of 22 � Spencer Minear, 1291 Gardena, stated he will be three doors west of the Islamic Center property once this proposal is completed. He questioned the traffic studies stating there are 1500 students coming to that area in a half hour timeframe. He also stated there isn't that much green space on the Islamic Center property as has been represented and questioned where the Totino-Grace students will practice once Phase I and Phase II have completely taken up the practice field area. Additionally, Mr. Minear was concemed about the proposed retention pond that will be near his home and at a higher elevation than his basement. David Phillips, 227 Colfax Av. N, stated he is an architect hired by some of the neighbors to help them review the impact of this proposal. He questioned the 40 foot rear yard setback. Mr. Hickok explained that according to City Code, on a corner lot, the narrowest lot dimension is the front yard regardless how the building faces. So, in this case, the rear yard would be the west property line. Mr. Phillips pointed out that there is a 30 foot height limitation in an R1 zone, yet in Phase II the building height is 45 feet. He also pointed out that the City ordinance allows approval of a special use permit for one year, but this petitioner is asking for approval for a portion of the project that may not be built for ten years. Mr. Hickok explained the R1 district is a residential district, but this is not a residence and is a special use permit for a private school which is there by virtue of a special use permit because it may have impacts beyond which a single family residence may have. One of the things identified in the staff report is that this project is more akin to a CR1 where you'd have an office � building next to residential. So the setbacks are greater than the requirements here and the building could be taller in that district. The peaked point of Phase II was planned to be 49 feet. Staff is suggesting that it not exceed what would be permitted in the CR1 which is 45 feet. Also, the architecture has been designed to mitigate that height by setting that higher elevation back in a one story setting at its periphery. That is precisely why there is a special use permit required to do something other than residential in an R1 district. The special use permit does have a provision about using it for one year and Phase I will be done within that one year period, but staff believes it is very important from a planning perspective to know the full build- out of this project. It is also very likely that the petitioner will ask for an extension on the next phases and it is within this board's prevue to call back a special use permit at any point. Don Lewis, 6001 Gardena Circle, stated his back of his house will be 45 feet from the rear property line and the proposed parking lot will be in his back yard. He asked if the parking lot will be 40 feet from the property line. Mr. Hickok explained that a parking lot can come within five feet of the property line. Mr. Lewis was concerned that the parking lot so close to his home would result in a complete lack of privacy unless there is a 6 to 8 foot high fence erected. He was also concemed that snow piled along the edge of the parking lot would melt down into his yard. Howard Rosten, an attomey representing some of the neighboring property owners, stated this property is zoned R1, not CR1. The relevant standards that the City must look to are the R1 district standards and have those standards been met. The R1 district has a height limitation of ,,.� 30 feet from finished grade, thus the 45 foot height proposed in Phase II exceeds the height limitation. Consequently, a rezoning or a variance would have to be granted to allow the construction of Phase II. A variance requires demonstration of an undue hardship and one of 14 CITY OF FRIDLEY PLANNING COMIVIISSION MEETING, NOVEMBER 17, 2004 Page 15 of 22 � the standards for undue hardship is whether or not there is any other reasonable use for the property and if there is, then the variance should not be granted. He submitted that Phase II cannot be done by a special use permit. He also stated the rear yard and side yard determination for setback requirements in this case do not make sense and, he believes, also require a variance. He further stated that when questions like this arise regarding a project, the board has the ability to grant a 60 day extension to allow more time for consideration. Mr. Rosten also commented that the statement made tonight that neighborhood opposition is not a reason for denial of a special use permit, but neighborhood concerns are reason enough to delay approval. None of the neighbors has had the opportunity to look at the new traffic study just mentioned in tonight's meeting. The citizens should have the right to review the study in advance of the meeting. One of the factors in determining whether or not to grant a special use permit is consideration of property values. There were also environmental concems raised that should be considered. He stated the City's ordinance requires that construction begin within one year of the issuance of a special use permit or it's void. The reason there is a one year limitation is because things change, communities change and it doesn't make any sense to approve something now when we don't know what the situation is going to be in five to ten years. He asked the board to listen to the citizens, the facts and concems they are presenting and he requested that the special use permit be denied, or at the very least, delayed so that everyone has more time to look at this proposal more carefully and make a decision that will impact this community for many years. Mr. Hickok stated the R1 zoning district does permit other uses and an aspect of those other uses might be mitigation of features that would not normally be part of an R1 district. Historically, that is the standard that has been placed on this site and that is the standard that � has been used to review this property. Mr. Oquist commented if it's an R1 district isn't a variance required to exceed 30 feet. Mr. Hickok explained that is why such a project goes through the special use permit process because there might be features about a use other than residential that need to be mitigated. Mr. Oquist stated the board has been asked to review special use permits in the past where there were variances going on at the same time and he questioned why those variance weren't simply a part of the special use permit. Mr. Hickok stated if there were other issues, such as deviation from setback, a variance would be required. Tim Neeb, 6041 Woody Lane, stated the Islamic Center has been a good neighbor. He expressed concerns about the traffic congestion and asked if the City could restrict the number of students attending the AI-Amal school to try and control the traffic. He was also concemed about the approval of the entire project at this time when Phase II may not be constructed for quite some time. Kim Balioglu, 6160 Rice Creek Dr., stated he is a parent of one of the AI-Amal students and that he understands the concerns the neighbors have expressed. But he wanted to point out that since he bought his home, property values have almost doubled in Fridley in spite of the expansion of Totino-Grace. He stated AI-Amal is a successful school with 10% of its students in ,.� the top 5% of the national average for the lowa Basic Skills test. He stated they are asking for approval of this project to make something that is very good, even better. The expansion will help them to improve and be even more successful. 15 CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 2004 Page 16 of 22 � Joan McLaughlin, 1050 Gardena, has lived at this address since 1960, is a retired educator of 42 years, values education and appreciates what the Islamic Center is trying to do for their children. She stated she also has the utmost respect for the members of the Islamic Center and their religion. But she believes that finro high schools across from each other are not meeting the needs of the neighborhood and that the area was not designed for this. The traffic on Gardena is tremendous and there are times when she has to wait almost half an hour in her driveway before being able to access Gardena. She thinks the tra�c numbers quoted by staff need to be investigated. Addisalan Ada stated he is a teacher in St. Paul Public Schools and has two children who attend AI-Amal where they are receiving an excellent education. He stated it is gratifying to hear that no one has raised any issues about the school itself with over 350 students. Paul Kile, 1310 Hillcrest, stated he is concemed about the water run-off, the setback, and the timeline for Phase II. He stated the street is very busy with heavy traffic at specific periods of time and he suggested that sidewalks be added for safety. Zafar Siddiqui stated he has three children in AI-Amal school. He believes Fridley is a warm and friendly community and wants his children to grow up in a school that has a strong value system. What they are asking is to be able to provide their students with the same facilities and opportunities that are given children in other schools. Whatever can be done to make better students contributes to the growth of this country. � Paula Thorson, 1314 Hillcrest, which is one of the houses on the west side of the empty lot on Hillcrest stated the Islamic Center has been a great neighbor and she also believes in the importance of education. She did not want to see a sidewalk going across the empty lots because that would just make a walking thoroughfare for people to park on Hillcrest. This is not just a school. This is the Islamic Center of Minnesota that offers a lot of community events such as funeral services, bookstores, food shelves, counseling, health clinic and a library. She has had traffic related difficulties on three separate occasions caused by people traveling to the Islamic Center. Also, the AI-Amal school building is used seven days a week from 7:00 in the moming until late at night. The building proposed for Phase II will be right in her back yard. Jim Million, 1579 Femdale Avenue, stated he is not an affected owner within 350 feet but found a notice in his mailbox asking him to attend tonight's meeting. This notice states that this proposed expansion will affect the whole community. He stated he doesn't have an axe to grind and is a former city council member from a small Minnesota town. The traffic issue is something that should be considered, but it should be the reality of the traffic rather than the fear. He also suggested that the board listen to the staff recommendations. The proposed use is similar to the use that has been on this property for quite some time. One of the reasons he chose to move to Fridley is that it had advanced from a typical, small, provincial community to a very progressive and modem city manager form of govemment with a highly competent staff with very well run programs and people serving the city who look out for the interests of everyone else. He asked the board to consider the real arguments, to suppress those that are without foundation. IYs implicit that all city officials uphold what is the key base of the corporate community, which is the property value. He asked that the board find a way to make this project work within reasonable constraints rather than to find ways to see that it does not work. We �..1 must look at the real realities, fairness and treat this applicant as the city has treated similarly situated applicants who have come for the same types of relief in the past and have been granted them. He stated this is not an easy decision but he has already seen the staff list so 16 CITY OF FRIDLEY PLANNING COMIVIISSION MEETING, NOVEMBER 17, 2004 Page 17 of 22 � many reasons that this project merits positive consideration. He believed the city must look at mitigating any possible negative aspects of this project, but most of that comes in the permitting process not in this special use process. So the board can grant the special use because the technical details will be taken up in the building permit phase. Tom Bard, 6003 Gardena Circle, stated he is concemed about water run-off, tra�c and he asked how large the proposed hedge will be. Mr. Hickok explained the code requires a combination of 3 foot berm and hedge to bring it up to 6 or 7 feet in height. Mr. Bard asked if he would have to apply for a permit to put up a fence in his back yard. Mr. Hickok stated the city does not require a permit for a fence under 7 feet high and that fence must be entirely on that person's property. Pat Vescio, 1331 Hillcrest Dr., questioned what the forecasted student population was when Gardena School was originally built. Mr. Hickok stated the Gardena School was designed to hold 450 students. The current population at AI-Amal is 344 with an anticipated total of 400 students. Tom Myhra, 6360 Able St., stated Gardena was the last walk-in school built and the school board was concerned at that time that there was not sufficient property at this location. i"� Olga Palmer, 1329 Gardena, stated they purchased their property in 1969. She pointed out the minimal frontage this school has on Gardena and the entire parcel is surrounded with private homes. She was concerned about the safety of her grandchildren with the proposed retention pond. Bob Baldauff, 6045 Gardena Lane, stated everyone should have a right to have the kind of school they want. But when the students leave this school they cut across their lot and have caused some property damage. He asked that the younger children be supervised when they leave the school. He also complained about plates and other debris left around the school property. Totino-Grace has always been a good neighbor and the improvements they've made to the school have enhanced the neighborhood. He was concemed about liability if a student is hurt on his property. He also commented about the traffic in the area including double-parking in front of the school. Don Anderson, 7304 West Circle, stated he likes the school. Tim Neeb, 6041 Woody Lane, suggested the Islamic Center Iook into purchasing an existing school building. David Hammernick, 1340 Hillcrest, stated he understands the need to modemize the school but he asked that the existing zoning ordinance be honored. Ray McAfee, 1360 Hillcrest, stated he has lived there for 50 years and has watched the �-.1 community change. He questioned if the staff always acts in the best interest of the city. He also stated the postal service avoids this neighborhood during certain times of the day because of the excessive traffic. He believed this proposal was too much building for the property. He 17 CITY OF FRIDLEY PLANNING CONIlVIISSION MEETING, NOVEMBER 17, 2004 Page 18 of 22 � also complained that the garbage container on the Islamic Center property is always over- flowing. He suggested the school move some place where the neighborhood would accept them. Fahmi Katabay stated he is a father of four children and is an American citizen. AI-Amal school is asking for an expansion that is the community's responsibility. The only thing to be done is to work out the problems and should not be pushing people away from one city to another. The board will never be able to satisfy everyone 100% but should make a decision with good conscience with the future of this city, this county, this state and this country in mind. Todd Belland, 1322 Hillcrest, stated there is plenty of vacant property in the City of Fridley that would be adequate size for this school to locate. He suggested the elementary school children remain in the current location, but the middle school and high school children should be moved to another building and a more suitable location. He asked the Board members to try to imagine looking at a 45 foot high building just 40 feet from their property line. Julie Archer-Kath, 1348 Hillcrest Drive, stated she has lived in Fridley for over 30 years and selected the area because of the cul-de-sac and the reasonable expectation that there wouldn't be a second large school. She is an educator for over 35 years and is still in the education industry. She encouraged the board members to consider the zoning and those people who moved into that area over two decades ago specifically because it was zoned residential. The community is made up of good people and they expect the board to look at all considerations, thoroughly investigate and make sure they have all the facts. This is an issue for the school and the residents expecting the board to do what is right. � MOTION by Mr. Saba, seconded by Mr. Kuehl, to accept into the record the notice distributed to property owners. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Abdel-Karim stated his daughter is in 10th grade and they live on Matterhom Drive. He stated the Islamic Center has only 400 members, a small portion of the Islamic population in the Twin Cities. They have a Columbia Heights location where social activities are conducted. The only thing being done at AI-Amel besides the school operation is Sunday school. The Islamic Center has been on this site since 1988 and the value of his home in Fridley has increased nearly 2'/a times since he purchased it ten years ago. The Islamic Center has been very proactive regarding traffic concems including installing the drop-off zone in front of the building. The proposed expansion is only to provide a quality education and they will not have the 450 student population for which the school was originally designed. Also, the high school students at AI-Amal are not allowed to drive to school. As for the concems regarding water run-off, their engineers and the city engineers will ensure the run-off is contained. Also, they are doing away with a very expensive home in order to provide an area for the retention pond. Mr. Dunham asked what would stop one of the AI-Amal high school students from driving to school and parking somewhere in the neighborhood. Mr. Abdel-Karim stated AI-Amal is run by the parents so if one of the students would drive to ,�—� school, any of the other parents would report that immediately and the school would take swift action. [� •� CITY OF FRIDLEY PLANNING COA7NIISSION MEETING, NOVEMBER 17, 2004 Page 19 of 22 ��'�� Mr. Dunham asked if it was the Islamic Center's choice to present the entire project all at one time. Mr. Dovolis stated the City staff requested the entire project be presented but it was also the desire of the petitioner to °put all their cards on the table°. They could have presented only Phase I and then request Phase II years later, but they decided that wouldn't be fair to the community. Also they wanted to make sure that traffic, ponding, and parking were all taken care of up front. Mr. Saba stated the neighbors feel Phase II might be too big for the neighborhood. He stated he is uncomfortable considering Phase I and Phase II at one time as conditions could be different five years from now. He felt that everyone is comfortable with Phase I but there are a lot of concems about the impact Phase II will have. He asked if there would be a problem separating the two phases? Mr. Abdel-Karim responded that he would not want to split the finro phases because this plan took three years to develop. This is what they believe their community needs in the future and they want to have it approved so they can move forward. They are willing to work out any issues the neighbors may have, but would not be comfortable accepting approval of only Phase I. Bonnie Skjonsby, Woody Lane, stated one thing that has not been fully addressed is that there are schools that are being closed. Those schools have been built to accommodate all the issues of concem regarding this proposal. It would save so much and avoid problems for the � neighborhood if the Islamic Center would use the classrooms that already exist. She stated she is concemed about having children near a pond that may be 6 to 8 feet deep. It is very difficult to get around in that community already. She also stated she believes it is very unfair for people who live in other areas to make decisions that affect this area. Let these students go to a proper area that has the space. Mr. Dovolis stated this site meets all the public education requirements of land per pupil. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE PUBLIC HEARING CLOSED AT 10:30 PM. Mr. Kuechle stated that he agrees with the petitioner and would recommend approval to the City Council for the following reasons: the lot coverage they are proposing is about 13% which is half of what they're legally able to do; what they're asking for is similar to what has been given to other churches and schools in the area and he cannot see that he could treat them any differently; the traffic issue is a little more vague and we may want to take another look at the traffic numbers to make sure they're correct; the water run-off is a non-issue in that the way designs are done today is that the property owners must take care of the water run-off. Another concem is the question that they should go somewhere else; if you own a piece of property you have a right to make a reasonable use of the property. He also would be in favor of approving both phases because it constitutes good planning. If in time they want to add on and things have gone poorly, the board has the right to bring this back in and pull the approval. � Chairperson Savage stated she agrees with Mr. Kuechle. Since 1988 the Islamic Center has had a special use permit and they are now asking for additions. The important thing is that the 19 CITY OF FRIDLEY PLANNING CONIlVIISSION MEETING, NOVEMBER 17, 2004 Page 20 of 22 ,—� board has an obligation to treat this petitioner fairly just as they would any other private school. Also even with both phases, the school occupies only 13% of the property which is less than Totino-Grace and Woodcrest Baptist Church. The board has an obligation and legally she cannot see that it would stand up if this petition were denied. Ms. Johns stated she doesn't understand fully how the R1 district works and she doesn't know that she agrees with Phase I and Phase II. But, she stated the board does need to look at the long term outcome of such projects. She is a little skeptical that the needs for Phase II will remain the same over the long term; that depends on the community involvement and other issues. However, she agrees that the board can go back and look at the issues that have changed from the original presentation, but sometimes it is too much of an open door policy. She believes that City staff members do look out for the best interest of the City of Fridley and its citizens. In relationship to the other comparisons the amount of space this school has on the street is less than other schools and most other schools do have sidewalks. She wouldn't want her children being educated in 106 square feet of space per pupil and not having the flexibility that other students have. The school does need to grow but she doesn't know that she's ready for Phase II. Mr. Kondrick stated he agrees with Chairperson Savage that the board doesn't have the right to deny this and would get into legal problems if we do. They have the right to do what they want with their property as long as it is within the laws of our city. He was concemed about splitting the two phases and since we have the right to recall and "pull the plug" in the future and they know that we have that right, he would have no problem going along with their entire plan. He asked staff if the plan as they submitted it would all be handled as presented and Mr. Hickok ,� said it would. He believes in the City staff. He's not totally sold on the traffic issues presented as he has been in that area and seen varying levels of traffic. He stated he would be in favor of both phases being built. Mr. Dunham stated that he is in favor of just about everything Mr. Kondrick has stated but the problem he has is he doesn't like using the small nar�ow lot on Oakwood as the front yard. If Phase II is approved in concept, does it mean that they can't look at it again. Mr. Hickok stated the board can, at any point, come back and take a look at this project. Mr. Oquist stated he doesn't like the idea of issuing the special use permit for both phases as it's like giving cart blanch. He also believes it is a"stretch° to refer to this as a corner lot. He agrees that the petitioner has the right to build on their properly and they need the school space but he wants it known that he doesn't like the special use permit for the whole project. Mr. Saba stated he has some concern about the traffic and believes it must be addressed somehow between Phase I and Phase II. Even if this is approved tonight, there is a lot of work that needs to be done befinreen the Islamic Center and the neighborhood. There are some things that can be worked out; maybe scale back Phase II. There is legitimate concem and fear among the neighbors. He believed we should be proud of our schools and proud of what the Islamic Center is and because of that pride and supporting education, he would also recommend we pass this on to City Council. - MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend approval of special use permit, ,� SP #04-06, By Anwar Abdel-Karim, Islamic Center of Minnesota, to amend their special use ' permit to allow a school expansion to be used for classrooms and a multiple purpose room, generally located at 1401 Gardena Avenue NE, with the following stipulations: 2� CITY OF FRIDLEY PLANNING COIVIlVIISSION MEETING, NOVEMBER 17, 2004 Page 21 of 22 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA requirements. 3. Existing building and proposed Phase I and II to be sprinkled to MN Rules Chapter 1306. 4. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 7. Petitioner to provide landscaped hedges along the west and south side property lines when abutting a single family residence. 8. Curb cut and corresponding drive aisle off of Gardena shall be widened to 30 feet. 9. All lighting on the property shall be shielded and downcast and shall not exceed 3 foot candles at the property line. 10. The maximum height of either addition shall not exceed 45 feet. 11. When Phase II is constructed, existing parking, now shown as proof of parking, shall be installed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the October 4, 2004, Parks & Recreation Commission � meetinp. MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the October 7, 2004 Housinq � Redevelopment Authoritv meetina. MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok stated the fourth and final housing forum meeting will be held on November 18�'. ADJOURN: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to adjoum. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE � MEETING ADJOURNED AT 10:55 PM. 21 CITY OF FRIDLEY PLANNING COMIVIISSION MEETING, NOVEMBER 17, 2004 Page 22 of 22 � Respectfully submitted by, r �� 111� � �� Rebecca Brazys Recording Secretary � ,� 22 �s e `e s � � � Name �� -� �, CITY OF FRIDLEY SIGN-IN SHEET PLANNING COMMISSION MEETING � � �� Address/Business �`� a � � 3 � � �� i �- � 1� l �1 J �� , �� ., -o� � ��:� — o� �, ,. � �%✓� �� n ��r �"�f�� /l�� Ifill�rPst�� - � � � � f� �� Gv � � �, � D�N� CI ��i. 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