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PL 08/03/2005 - 6959� CITY OF FRIDLEY AGENDA PLANNING COMMISSION MEETING WEDNESDAY, AUGUST 3, 2005, 7:30 P.M. --------------------------------------------------- --------------------------------------------------- LOCATION: CITY COUNCIL CHAMBERS FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MEETING MINUTES: July 6, 2005, and July 20, 2005 1. PUBLIC HEARING (CONTINUED) Tabled public hearing discussion regarding Rezoning Request ZOA #05-03, by JLT East River Road LLC, regarding the rezoning of 5601 East River Road from M-2, Heavy Industrial, to C-3, General Shopping. 2. PUBLIC HEARING: Consideration of a Minor Comprehensive Plan Amendment, CP #05-02, by the City of Fridley, for Timothy Van Auken, to make the Zoning and Comprehensive Plan designation °� for 1475 and 1485 — 73`� Avenue consistent. OTHER BUSINESS: ADJOURN � �� emoran urn Planning Division DATE: July 27, 2005 TO: Planning Commission FROM: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner SUBJECT: CP #OS-O2, Van Auken Plat Minor Comprehensive Plan Amendment Background Recently, the City Council approved a preliminary plat to create 6 residential lots out of two lots zoned R-3, multi unit residential. During the platting process, staff noted that the property was zoned R-3, making the proposed use for new twin homes compatible to the zoning, However, the Comprehensive Plan guided future use as R-1, one family residential. The property was likely guided as R-1 because a single family home existed on each of the lots, which were actually zoned R-3. Staff pointed out to the Commission at the time that a Comprehensive Plan amendment would need to be considered if the plat was approved. The City Council approved the preliminary plat for this property located at 1475 and 1485 73rd Avenue on June 27, 2005. Analysis The redevelopment of the Van Auken property is consistent with the zoning of this property. However, 1475 and 1485 73� Avenue are two of those properties in the community where the use does not match the zoning. The City Council decided at the time of the last Comprehensive Plan upda.te to address these discrepancies on a case by-case basis. Some of the neighbors voiced concern at the public meetings regarding the preliminary plat that the R-3 zoning was not compatible with the neighborhood. However, the five properties to the west of these two lots (now six lots after plat is complete) are also zoned R-3. In fact, the property adj acent to the west is a 21-unit apartment building. There are also several properties (eight parcels) further down the block to the east which are zoned R-3. Maintaining the R-3 zoning for 1475 and 1485 73� Avenue is not spot zoning as some opponents have debated. Recommendation Staff recommends that the Planning Commission recommend to the City Council that a minor Comprehensive Plan Amendment be processed to reflect the current zoning designation for the properties located at 1475 and 1485 73rd Avenue at R-3, multi unit residential, in the future land use guide for the City. i City of Fridley Land Use Application PS-05-03 May 26, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Timothy Van Auken 1475 73� Ave NE Fridley, MN 55432 Requested Action: Replat of two multiple unit residential lots to accommoda.te two twin homes. Existing Zoning: R-3 Multi-Family Residential Location: 1475 73� Ave NE and 1485 73� Ave NE Size: 20,821 square feet .50 acres Existing Land Use: 1475 73� Ave NE -- Single Family 1485 73� Ave NE — Single Family Surrounding Land Use & Zoning: ^ N: R-1 Single Fa.mily E: R-1 Single Fa.mily S: 73� Ave NE and Heavy Industrial W: R-3 Multiple Unit Residential Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condominium apartments, axe a permitted use in R-3 zoning districts. Zoning History for 1475 73� Ave NE: • 1951 -1475 73� Ave NE is platted. 1951— Building permit issued for home. 1955 —Building permit issued for garage, but garage was not built. • 1971 Building permnit for garage. Zoning History for 1485 73`� Ave NE: • 1951 -1485 73`� Ave NE is platted. • 1951 Building permit issued for home. • 1955 Building permit issued for garage/vestibule Legal Description of Property: Lot 27/29, Aud. Sub. #129 nPublic Utilities: Located near property. Sanitary sewer extension is necessary. Transportation: Twin homes will be accessed by 73 1/2 Ave. Physical Characteristics: Relatively flat, grass covered lot with mature trees and some shrubs. SUNIlVIARY OF REQUEST Timothy Van Auken, petitioner, seeks to replat and subdivide the properties located at 1475 73� Ave NE a.nd 1485 73`� Ave NE for the purpose of building two (2) twin homes. SUMMARY OF ANALYSIS City Staff recommends approval of this plat request, with stipulations: 1. Petitioner shall obtain all necessa�y pennits prior to construction. 2. Any remaining debris, fYOm demolition of existing home and any b�-ush piles on site shall be removed prioY to granting of final plat. 3. Grading and drainage plan to be approved by City's enginee�ing staff prior to the issuance of any building permits, in order to minimize impacts to the sur�ounding ppoperties. 4. Provide proof that any existing wells oY individual sewage treatment systems located on the site are propeYly capped or removed. S. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay requiYed park fees of $3, 000 ($750 z 4) p�-ior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees, including sanitary sewer extension. 8. The petitioner shall agree to presef-ve mature trees to the extent possible. All trees YequfYed to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 9. Twin-homes shall meet all parking requiYements. 10. Add appropriate address and inarking requirements per Fire Code 11. The petitioner shall ag�ee to the ter�ns of a development agreement that shall be prepared by City staff and approved by the City Council simultaneozLS with theiY final plat appYOVaI. Sta.ff Report Prepared by: Rachel Harris ,�"� �, PS #05-03 Proiect Summarv Timothy Van Auken, �petitioner, seeks to replat and subdivide the properties located at 1475 73ra Ave NE and 1485 73r Ave NE. to allow tlie creation of two new multi-unit lots. Petitioner plans to build two new twin homes on each of the newly created parcels. The property as existing contains a residential single family home on the southern end of each lot with the northern ends undeveloped. Mr. Van Auken proposes to building the new homes on the northem portion of the lots at 1475 and 1485 73rd Avenue. The current zoning is R-3. The petitioner proposes no changes to the current zoning. ;� ,�.., � � : � �--�--- ---� �; � � � ---w-� ��_ �,�,.� ,�;�` � �� ,._.�..� � _ �' � � � �. . �,� �� ,�� x� � � � �; � � . , �. :� �` ��, � �m� _ � ,� � .� : � : � � � � � . � ;. �. ...I._----�-.. � � � _{ � � £.� � � ; ` � �. ' � _ � i ; # �s � 1 � ' j. _... � � �. �. �� F � � � � � � ��.� � � � � --------� � � ? � � , j � - � ��G �, � � �i � �� F f�� ,..m�..� � ��.�,�" � � �.. ��xa�� ',_ E �� ; . � : ;� � F�':.v� � � ��` ,�eF e, x .. �°'a �� ;u Zoning map of area surrounding proposed plat Analvsis Per zoning code Section 205.09.3.B(3) for R-3: •"Lot requirements of this Section are for three (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations and one-family dwelli.ngs shall be subject to the R-1 District regulations." Fridley requires that lots in the R-2 district be a minimum of 75' in width with a minimum total lot azea of 10,000 square feet. • The proposed Lots #1 & 2 will be 82.5' in width and 10,461 square feet in size after the replat. • The proposed Lots #3 & 4 will be 82.5' in width and 10,360 square feet in size after the replat. `� The minimum lot azea requirement of 10,000 square feet for a two-family dwelling unit has been met on the proposed plat. r"� Ariel map of the area surrounding the proposed plat The newly created home sites would obtain access offof 73 1/2 Avenue. A minimum of 25' in street frontage is provided for access. The petitioner has obtained written agreement (enclosed) from the property owner at 1476 Onondaga Street to provide an easement to the City for roadway access across her property. This will a11ow access to both the proposed lots and will allow access to 1476 Onoada.ga, if the owner chooses to subdivide her property in the future. The proposed new twin homes meet all of the necessary setback requirements. The amount of lot coverage for the building footprint shown is 25%. Up to 30% would be permitted. All necessary utility and drainage easements are also provided for on the plat. As subdivided in the proposal only a twin home would be permitted on each of the four lots, since the lot is too small to stand independently for other R-3 uses. Staff Recommendation City Staff recommends apppoval of this plat request, with stipudations. • Does provide additional homeownership opportunities for Fridley residents. Stipulations City Sta.ff recommend that the following stipulations be placed upon approval of this request: 1. Petitioner shall obtain all necessaYy peYmits pYioY to constr uction. '� 2. Any Yemaining debris from demolition of existing honze and any brush piles on site shall be Yemoved ppior to gYanting of final plat. � 3. GYading and dYainage plan to be approved by City s engineer�ing staff ptzor to the issuance of any building permits, in oYdeY to minimize impacts to the su�ounding propeYties. 4. The petitioner shall provide proof that any existing wells oY individual sewage treatment systems located on the site aYe properly capped or �emoved. S. During construction, silt fencing shall be used where applicable. 6. PetitioneY to pay requiYed paYk dedication fees of $3, 000 pr�ior to issuance of building pes mits. 7. PetitioneY to pay all water and sewer connection, f'ees, including sanitary sewer extension. 8. The petitioner shall ag�-ee to pYeseYVe matuYe tr�ees to the extent possible. All t�ees requiYed to be Yemoved for the new homes shall be marked and approved by City staff pYior to issuance of building permits. 9. Twin hoyvices shall meet all parking requiYements. 10. Add appropYiate addYess and marking requiYements per Fire Code. I1. The petitioner shall agree to the terms of a development ag�eement that shall be prepared by City staff and approved by the City Council simultaneous with their final plat apppoval. � ,,"1 ,'""� PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, August 3, 2005, at 7:30 p.m. for the purpose of: Consideration of a Comprehensive Plan Amendment, CP #05-02, by the City of Fridley, for Timothy Van Auken, to make the Zoning and Comprehensive Plan designation for 1475 and 1485 - 73rd Avenue consistent, legal description on file and available at Fridley Municipal Center. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Stacy Stromberg, Planner at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter ,�'"�� or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than July 27, 2005. The TDD number is 763-572-3534. Also, there will be a Council meeting date for this item and the proposed date will be on Monday, August 22. *This date is subject to change depending on the outcome of the Planning Comm�.ssion meeting. Please confirm Council date prior to attending Council meeting. Publish: July 21, 2005 /'� DIANE SAVAGE CHAIR PLANNING COMMISSION r� �, � CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1475 and 1485 — 73`d Avenue. CASE NUMBER: Comprehensive Plan Amendment, CP #05-02 APPLICANT: Timothy Van Auken & City of Fridley Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: To make the Zoning and Comprehensive Plan designation consistent. LOCATION OF 1475 and 1485 — 73� Avenue PROPERTY AND LEGAL Legal description is on file and available at Fridley Municipal DESCR/PTION: Center. DATEAND TIME OF Planning Commission Meeting: HEARING: Wednesday, August 3, 2005, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PART/CIPATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than July 27, 2005. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Julie Jones, Planning Coordinator, at 763-572-3599. * PROPOSED The proposed Council meeting Date for this Comprehensive COUNC/L MEETING Plan item will be Monday, August 22. *This date is DATE subject to change clepending on the outcome of the Planning Commission meeting. Please confirm Council date prior to attending Council meetin . Publish Date in Paper: July 21, 2005 123024140067 123024140066 123024140071 ALPERT LAWRENCE I WICKMAN GERALD J& MARTHA J WAZWAZ AIDA 15Q'�'VONDAGA ST NE 1494 ONONDAGA ST NE 1533 731/2 AVE NE FR� Y, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 123024140072 SANFORD DAVID 1523 73 1/2 AVE NE FRIDLEY, MN 55432 123024130043 CURRENT RESIDENT 7371 HAYES ST NE FRIDLEY, MN 55304 123024130042 HINRICHS JAMES G& KARYL J 7355 HAYES ST NE FRIDLEY, MN 55432 123024140065 KRASKA DANIEL 8 LAUREEN M 1488 ONONDAGA ST NE FR�EY, MN 55432 123024130033 DUNHAM BRADLEY G& JULIE A 1427 N DANUBE FRIDLEY, MN 55432 123024140080 NORDIN REUBEN T 8� DONNA E 1540 731/2 AVE NE FRIDLEY, MN 55432 123024140077 HOESCHEN KENNETH R& K E 1510 731/2 AVE NE FRIDLEY, MN 55432 123024140081 HACHEY JOHN L& JUDY B 1545 73RD AVE NE FRIDLEY, MN 55432 �y''1 123024130030 SEGER MARGARET A 1401 73RD AVE NE FRIDLEY, MN 55432 123024140073 LARSON LEROY A & MIEKO 1503 73 1/2 AVE NE FRIDLEY, MN 55432 123024140070 KOROSCHETZ KURT J & 7350 PINETREE LN NE FRIDLEY, MN 55432 123024130039 VANAUKEN TIMOTHY J 1485 73RD AVE NE FRIDLEY, MN 55432 123024130043 SIMON JOHN E& PENNE L 801 TORCHWOOD DR NEW BRIGHTON, MN 55112 123�24130088 TRUDY C JACKELS JON V& DEBRA J 1479 73 1/2 AVE NE FRIDLEY, MN 55432 123024130035 EQUITY REAL ESTATE SERVICES 4555 ERIN DR #250 EAGAN, MN 55122 123024130033 CURRENT RESIDENT 1441 73RD AVE NE FRIDLEY, MN 55304 123024140079 SHEREK GERALD J 1530 731/2 AVE NE FRIDLEY, MN 55432 123024130037 VAN AUKEN TIMOTHY J 1475 73RD AVE NE FRIDLEY, MN 55432 123024130035 CURRENT RESIDENT 1461 73RD AVE NE FRIDLEY, MN 55304 123024130028 MORANO JOSEPH M SR 7345 HAYES ST NE FRIDLEY, MN 55432 123024140078 & SUSAN M PACKEY JOSEPH A& JILL A O 1520 731/2 AVE NE FRIDLEY, MN 55432 123024130027 GROSSMAN SHAWN 7343 HAYES ST NE FRIDLEY, MN 55432 123024140082 LUNDAHL KATHRYN K 1535 73RD AVE NE FRIDLEY, MN 55432 123024140084 FAGERWOLD DOUGLAS A 1505 73RD AVE NE FRIDLEY, MN 55432 30 123024130090 YOUNG DAVID A 1482 ONONDAGA ST NE FRIDLEY, MN 55432 123024140083 KEPULIS ROBERT $ EVA 1525 73RD AVE NE FRIDLEY, MN 55432 123024410003 ONAN CORP 1400 73RD AVE NE MPLS, MN 55432 123024130090 123024130036 123024130034 CURRENT RESIDENT HANSON GEORGE A 8 MARIJANE SABA STEVE R 14#�"`°�VONDAGA PL NE 1476 ONONDAGA ST NE 1470 ONONDAGA ST NE FR .Y, MN 55304 FRIDLEY, MN 55432 FRIDLEY, MN 5543� 123024130031 KALLROOS THOMAS L & SANDRA 1466 ONONDAGA ST NE FRIDLEY, MN 55432 ,�� 123024130032 HJORT HARRIET W 1434 ONONDAGA ST NE FRIDLEY, MN 55432 �I 123024140069 NALEPKA STEVEN MICHAEL 7360 PINETREE LN NE FRIDLEY, MN 55432 123024140068 123024140067 123024140069 KLICK JOYCE ADELE ALPERT WRENCE I NALEP TEVEN MICHAEL 15p"'�NONDAGA ST NE 1500 O�DAGA ST NE 7360 P�Y, REE LN NE Ff, :Y, MN 55432 FRIDLEY, MN 55432 FRIDL MN 55432 123024140071 WAZW AIDA 1533 7�/2 AVE NE FRIDL Y, MN 55432 123024140070 KOROS HETZ KURT J& TRUDY C 7350 PI ETREE LN NE FRIDLE , MN 55432 1230 130037 VAN KEN TIMOTHY 1475 D AVE NE FRIDLEY, MN 55432 123024 40066 WICKM GERALD J& MARTHA J 1494 ON DAGA ST NE FRI� DLEY, 55432 123024140028 EWER CHESTER W JR & ARLENE 1565 73RD AVE NE FRIDLEY, MN 55432 123024140078 PACK JOSEPH A& JILL A O 1520 7 /2 AVE NE FRIDL , MN 55432 123024140082 LUND KATHRYN K 1535 73 D AVE NE FRIDLEY, MN 55432 12302 140084 FAGE OLD DOUGLAS A 1505 7 • AVE NE FRIDLE , N 55432 ` 123024130090 CURRE RESIDENT 1482 ON AGA PL NE FRIDLEY, MN 55304 123024140072 SANF RD DAVID 1523 31/2 AVE NE FRID EY, MN 55432 123024130088 JACKEL JON V& DEBRA J 1479 7 1/2 AVE NE FRIDLEY, MN 55432 123024130035 EQUITY REAL ESTATE SERVICES 4555 ERIg( DR #250 EAGAN,�IIN 55122 123024130033 DUNHAM BRADLEY G 1427 N�ANUBE FRIDL , MN 55432 123024140073 LARSON ROY A & MIEKO 1503 73 2 AVE NE fRIDL , MN 55432 123024130039 VANAj1KEN TIMOTHY J 1485 A3RD AVE NE FRID(�EY, MN 55432 123024130035 CURRENT RESIDENT 1461 7�RD AVE NE FRIq�EY, MN 55304 123024130033 & JULIE A CUR�T RESIDENT 1441 7 RD AVE NE FRI EY, MN 55304 123024140080 NORDI EUBEN T& DONNA E 1540 73�/Z AVE NE FRIDLE , MN 55432 123024140077 HOESCHEN KENNETH R& K E 151�731/2 AVE NE FRI EY, MN 55432 12302.140083 KEPU S ROBERT & 1525 7 D AVE NE FRIDLEY, MN 55432 123024410003 ONAN RP 1400 73 AVE NE MPLS, MN 55432 123024140079 SHER GERALD J& SUSAN M 1530 1/2 AVE NE FRID EY, MN 55432 123024140081 HA � EY JOHN L& JUDY B 154�3RD AVE NE FRID EY, MN 55432 123024,140065 EVA KRAS�DANIEL 8� LAUREEN M 1488 ONDAGA ST NE FRIDLE , MN 55432 123024130036 HANSO%,GEORGE A & MARIJANE 1476 ON�IVDAGA ST NE FRIDLEY, MN 55432 32 123024130090 YO G DAVID A 1482 NONDAGA ST NE FRIDL , MN 55432 12 024130034 SA STEVE R 1470 NONDAGA ST NE FRIDL MN 55432 - COMMUNITY DEVELOPMENT ^� DEPARTMENT ,,:�-�£- ��-.�� PI.ANNING DIVISION .�:- Memorandum DATE: August 3, 2005 TO: Planning Commissioners FROM: Stacy Stromberg, Planner Julie Jones, Planning Coordinator Scott Hickok, Community Development Director SUBJECT: Rezoning Request, ZOA #05-03, by JLT East River Road LLC M-05-74 ANALYSIS At the July 20, 2005 Planning Commission meeting, Rezoning Request, ZOA #05-03, by JLT East River Road LLC, was tabled as a result of concems raised by Longview Fibre Company. Longview Fibre Company is located directly north of the subject property, at 5851 East River ^ Road. The concems brought forward from Longview Fibre Company fall into 2 general categories, which are related to traffic conflicts and the perceived incompatibility of neighboring uses. Please see the attached letter from Joseph Finley, of Leonard, Street and Deinard, who represents Longview Fibre Company. � After much discussion between Mr. Finley, Mr. Lindgren of Dorsey & Whitney LLP (on behalf of the petitioner), and the Planning Commission, it was decided to table this rezoning request to the next Planning Commission, to allow the petitioner and Longview Fibre Company an ,� opportunity to discuss the project and come up with agreeable conditions between the two parties. JLT Group and Longview Fibre Company have had an opportunity to meet and have come up with the following conditions for approval of rezoning request, ZOA #05-03: 1. Implementation of a traffic management plan, including any required infrastructure enhancements, approved by the City and Longview Fibre (which approval will not be unreasonably withheld) that promotes safe and adequate traffic flow and movements to and from the properties utilizir�g the highway easement dated May 9, 1975, filed with the County of Anoka, August 4, 1975 as document No. 86767, and with no corresponding charge to the owner of 5851 East River Road NE for any required traffic improvements. 2. Longview Fibre, prior to final site plan approval, receiving written notice (at its plant, c/o Mr. Cormier, and to the attention of Joseph Finley, Esq. at Leonard Street) of all hearings, before the planning commission or the city council, which involve any rezoning, comprehensive plan amendment, site plan approval, or platting of the JLT Property. 3. Execution and recording by the petitioner of a Declaration of Covenants, substantially in the attached form, within a reasonable time following second reading and final passage of the rezoning ordinance. Staff will include conditions #1 and #3 as stipulations on the proposed rezoning request and staff will use condition #2 as instruction to ensure that both Mr. Cormier at Longview Fibre Company and Joseph Finley at Leonard, Street and Deinard, will be notified prior to final site plan approval. It should be noted that as part of the final site plan approval for this site, staff would require � detailed site plans, which would include a traffic management study as well as all of the other standard site plan requirements and documents. STAFF RECOMMENDATION City Staff recommends approval of this rezoning request, with sfipulations. • Proposed rezoning is an extension of the existing C-3 zoning along the Interstate 694 corridor. ■ Proposed rezoning is consistent with the Comprehensive Plan. STIPULATIONS 1. Petitioner shall comply with the State of Minnesota Rules, Chapter 4410 for environmental impact review. 2. Petitioner shall submit user-specific site plans, including appropriate drainage and landscaping details, prior to second reading of the rezoning ordinance (Petitioner has waived 15.99 rights in order to comply with this stipulation). 3. Implementation of a traffic management plan, including any required infrastructure enhancements, approved by the City and Longviewr Fibre (which approval will not be unreasonably withheld) that promotes safe and adequate traffic flow and movements to and from the properties utilizing the highway easement dated May 9, 1975, filed with the County of Anoka, August 4, 1975 as document No. 86767, and with no coResponding charge to the owner of 5851 East River Road NE for any required traffic improvements. 4. Execution and recording by the petitioner of a Declaration of Covenants, substantially in the attached form, within a reasonable time following second reading � and final passage of the rezoning ordinance. ,,...� City of Fridley Land Use Application ZOA #05-03 July 20, 2005 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Joe Meyer JLT Group Inc. 10 River Park Plaza St. Paul MN 55107 Requested Action: Rezone property from M-2 to C-3. Existing Zoning: M-2, Heavy Industrial Location: 5601 East River Road Size: 25 acres Existing Land Use: Tiro Industries Surrounding Land Use & Zoning: N: Longview Fiber Co. & M-2 E: Burlington Northem Rail, Home Depot & C-3 S: Interstate 694 & ROW � W: Georgetown Apts. & R-3 Comprehensive Plan Conformance: Consistent with Plan, designated redevelopment district Zoning History: 1941 — Lot is platted. 1969 — Office/Warehouse constructed. 1983 — Addition to building. 1984 — (2) additions to building. 1987 — Addition to building. 1989 — Slab for tank placement. 1991 — Concrete building constructed. Legal Description of Property: See attached_ Public Utilities: Property is connected. Transportation: East River Road provides access to the property. Physical Characteristics: Building, parking lot, and landscaped areas. r"� SUMMARY OF REQUEST Joe Meyer, of JLT Group Inc., is requesting to rezone the property located at 5601 East River Road from M-2, Heavy Industrial to C-3, General Shopping to market the site to potential commercial buyers. It is the petitioner's intent to come back to the City Council before the 2"a reading of the rezoning ordinance with detailed plans and more details on potential end users. SUMMARY OF ANALYSIS City Staff recommends approval of this rezoning request. ■ Proposed rezoning is an extension of the existing C-3 zoning along the Interstate 694 corridor. ■ Proposed rezoning is consistent with the Comprehensive Plan. Council Action / 60 Day Date: August 22, 2005 / August 15, 2005 Staff Report Prepared by: Stacy Stromberg � ZOA #05-03 RE UEST Joe Meyer, of JLT Group Inc. is requesting to rezone the property at 5601 East River Road from M-2, Heavy Industrial to C-3, General Shopping. The petitioner is seeking to rezone this property so they can market the site to potential commercial buyers. The petitioner, who is also the owner of the subject property, would like to actively seek commercial and retail users for this site. In arder for that to be accomplished, the site nee�s to be zoned appropriately for those types of uses. It is the petitioner's intension, to ask for the rezoning at this time and once a spec�c user or users have been identified for the site, they would come back for 2"d reading of the rezoning ordinance at the City Council level, with detailed site plan information and any other city requirements. The petitioner, at their request, has asked for ample time, between first and second reading, to negotiate with potential end users and develop site plans based on known user(s). Petitioner has also waived requirements of State Statutes 15.99 to allow them time as they have requested. SITE DESCRIPTION AND HISTORY The subject property is zoned M-2, Heavy Industrial and has been since that late 1950's. The property was developed in 1969, when an office/warehouse building was constructed. In 1969, the site served as the headquarters, research, and production facility for LaMaur Inc., who manufactured toiletries and cosmetics. Since 1969, several additions have been added to the original 200,000 square foot building. As a result of those additions, the existing building is � approximately 450,000 square feet. In 1999, Tiro Industries, Inc., purchased the property from LaMaur Inc., and were in business at this location until May of 2005, Since the time it was know that Tiro Industries, Inc. would be vacating the site, the owners have had no success in attracting industrial tenants to occupy the building and believe that, with industrial trends changing and manufacturing users few, the property would be much more attractive to tenants as a commercial property. The building was built so industry specific (packaging of shampoo & similar products) that only a like industry would be able to make reuse of the building, thus the existing rezoning request. � Arial of Existing Site � � ANLAYSIS As stated above, the petitioner is seeking to rezone the subject property from M-2, Heavy Industrial to C-3, General Shopping, despite the fact that they don't have a potential user for the site. The petitioner's intention is that once the property is rezoned to commercial, it will make it more appealing on the market. The petitioner has submitted a"concept plan" outlining what the site plan may look like with a commercial development. The "concept plan° shows a single tenant building of 200,000 square feet and a multi-tenant building of 73,600 square feet. This plan is just a"concept plan" to show what the City might expect to see if the existing building is demolished and the property is rezoned to commercial. Ir� 1999, the City Council approved a rezoning request by Home Depot, for the property located at 5650 Main Street. The Home Depot site was rezoned from M-2, Heavy Industrial and C-2, General Business to C-3, General Shopping. The Home Depot properly is located directly east of the subject property beyond the railroad tracks. Rezoning the subject property would be an e�ension of the existing C-3, General Shopping zoning along the Interstate 694 corridor between University Avenue and East River Road. Subje Propei 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 2020 future land use map designates this area as "Redevelopment.° Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflect the community collective vision. The purposes of redevelopment are to � remove older blighted tructures and provide an opportunity to build new facilities that meet current market deman s and desires of the City. Redevelopment can also provide an opportunity to create dditional job opportunities and create new tax base. All of the above purposes of redevelo ment have the potential of being met with the rezoning of this property. This request, undoubi due to the fact that th� commercial zoning fo is highly visible and e commercial and retail development, as it's � of Interstate 694 and :dly, will seem a little awkward compared to our normal rezot�ing process, petitioner doesn't have a tenant identified for the site. However, a this properly would be the highest and best use of the site. The property sily accessible from Interstate 694, which would be attractive to asers. Rezoning this property is also compatible with surrounding � e�ension of the C-3, General Shopping zoning along the north corridor 's consistent with the Comprehensive Plan. Once the petitioner h s identified a user or users for the site, this rezoning request would come back to the City Coun il for its second reading. At the time of second reading, an additional public hearing will be eld, which will allow for further review of the development. City Staff recommen� ■ Proposed 694 corric ■ Proposed STIPULATIONS ,� �. Petitioner environmi z. Petitioner landscapi has waive s. Implemen 4. � ennance unreaso to and ft with the approval of this rezoning request. zoning is an extension of the existing C-3 zoning along the Interstate ing is consistent with the Comprehensive Plan. �hall comply with the State of Minnesota Rules, Chapter 4410 for ntal impact review►. >hall submit user-specific site plans, including appropriate drainage and g details, prior to the second reading of the rezoning ordinance (Petitioner i 15.99 rights in order to comply with this stipulation). ation of a traffic management plan, including any required infrastructure ents, approved by the City and Longview Fibre (which approval will not be bly withheld) that promotes safe and adequate traffic flow and movements i the properties utilizing the highway easement dated May 9, 1975, filed >unty of Anoka, August 4, 1975 as docurnent No. 86767. and with no ling charge to the owner of 5851 East River Road NE for any required traffic imp ovements. Execution and recording by the petitioner of a Declaration of Covenants, substarrti Ily in the attached form, within a reasonable time following second reading and final assage of the rezoning ordinance. :� THIS I %'�`1 200_, by JLT (Space Above Line for Recorder's Use) DECLARATION OF COVENANTS is made and entered into this da.y of RIVER ROAD, LLC, a M�ruiesota. limited liability company with an address MN 55 ("Declarant") WHEREAS, eclarant owns fee simple title to certain real property located in the City of Fridley, County of oka, Sta.te of Mlnnesota, legally described in Exhibit A attached hereto and by this reference incorp rated herein, having the address 5601 East River Road, Fridley, MN ("JLT Propert�'), which pro erty is improved with a manufacturing plant and related infrastructure; and WHEREAS, ediately adjacent to the JLT Property, on the north, is property ovcmed in fee simple by Longview Fibre Company, a corporation under the laws of the State of ("Longviev�'), which properry is legally described in Exhibit B attached hereto and by this reference incorporated herein, d has the address 5851 East River Road, Fridley Mlnnesota. ("Longview Propert�'), and is like 'se improved with a manufacturing plant and related infrastructure; and WHEREAS,�a ma.p showing both the JLT Properly and the Longview Property, and their relationship to one an ther, is atta.ched hereto as E�ibit C; and WHEREAS, its zoning ordinanc� � (manufacturing) to G for commercial uses, 2648819v1 he City Council of the City of Fridley, Mumesota ("Cit}�') ha,s recently amended to provide that the JLT Property shall be rezoned from category "M2" ;rgory "C3" (commercial) in order to allow redevelopment of the JLT Properiy ost likely a retail shopping area; and � � r"� WHEREAS, to secure the acquiesc it would bwden the ] land, which would et operate at full ca.pac'r retail uses. ► accommoda.te concerns of Longview as to potentially inconsister�t uses, and �ce of Longview in the rezoning of the JLT Property, Declarant has agre.ed that T Property with certain covenants and/or servitudes, intended to run with the �re that the manufacturing plant on the Longview Properiy could corrtinue to even after the manufacturing plant on the JLT Property has been replaced by NOW, THE FORE, in consideration of the foregoing premises, and for other good and valuable consideration, including the payment by Longview to Declarant of the sum of One Hundred Dollars ($100.00), th receipt and sufficiency of which is hereby acknowledged, Declarant hereby covenants and agrees follows: 1. Coven ts. JLT, intending to bind itself and the occupants of the JLT Property, and their respective succe sors and assigns, hereby makes, and imposes upon the JLT Properiy, the following covenants, hich are appurtenant to the Longview Properiy and for the benefit of the owners, occupants and encumbrancers of the Longview Property: 2648819v1 A. JLT, for itself and the occupants of the JLT Property, and their respective successors an assigns, hereby covenants and agrees that the manufacturing plant on the Longview Pro erly may continue to be used in any manner permitted under law, including without limita. 'on, for the manufacture of corrugated board and related packaging products, and fiuther co enants and agrees not to object to any noise, vibration, lights, odors and like emanations w'ch are regularly attendant to such manufacturing operations, whether or not such emanatio may constitute a private or public nuisance. B. JLT, for itself and the occupants of the JLT Property, and their respective successors an assigns, hereby covenants and agrees that neither the owner nor any occupant of the JLT roperty will propose or advocate for any rezoning or comprehensive plan amendment ecting the Longview Property, or for any ordinances or rules which would restrict the e of manufacturing uses on, the hours of operation at, or access to and egress from, the Lon 'ew Properiy. C. successors per week � occurring at D. successors an redeveloped f cost construc� JLT Parcel ar feet in height JLT, for itself and the occupants of the JLT Property, and their respective l assigns, hereby covenants and agrees that, subject to applicable law, any plant on the Longview Properiy may be operated on a 24-hour per da.y, 7 days s, with entry and egress by employees, suppliers, vendors and customers times of the da.y. JLT, for itself and the occupants of the JLT Property, and their respective assigns, hereby covenants and agrees that, at such time as the 7LT Property is r commercial and/or retail uses, the owner of the JLT Properiy shall at its own and/or install visual and sound barriers along the common boundary between the the Longview Parcel consisting, at a minimum, of an opaque fence at least six- �nd landscaping trees which, when mature will attain a height of at least 20 feet. � � n .�, /H'�, E. T, for itself and the occupants of the JLT Properiy, and their respective successors and signs, hereby covenants and agrees tha.t that the owners and occupants of the JLT Properiy ve no objection to, and if requested will give written consent to, any expansion of the manuf ' g plant on the Longview Property, except an expansion to the south in the direction of the T parcel. Z. Run wi h Land. The above covenants are intended to be covenants and servitudes running with the land, d they shall bind Declarant and a11 future owners, encumbrancers and lawful occupants of the 7I,T roperty, and they sha11 be for the benefit of the owners, encumbrancers and lawful occupants o� d an appurtenance to, the Longview Property. 3. Termin tion. The above covenants shall continue in full force and e�ect until outlawed by the provisions of . Stax. § 500.20, Subd. 2a or its successor or a similaz statute. The above covenants will be dee ed to have become nominal if and when the Longview Property is no longer intended to be used for ufa.cturing or industrial purposes. 4. Breac benefited party sha11 proof of a brea.ch of tl relief. The benefited benefited party comm awazd of its costs and IN WTTNESE , 200 STATE OF COUNTY OF Remedies. In the event of a breach of any covenant contained herein, the ve standing and the right to sue enforce the covenant, and upon competent covenant, sha11 be entitled to a decree of specific performance and/or injunctive uty ma.y also sue for damages caused by a breach of the covenants. If the ces suit to enforce the covenant or recover damages, it sha.11 be entitled to an torneys' fees from the breaching pariy. WHEREOF, the undersigned Declarant has set its hand this da.y of JLT EAST RIVER ROAD, LLC By: Its Manager By ) ) ss. ) The foregoing mstrument was acknowledged before me, a notary public, on the _ da.y of , 20 by , the of Manager of JLT company. 2648819v1 a M'innesota which is the River Road, LLC, a Minnesota limited liability company, on behalf of said ±� � � � �'—\ �- � TffiS INSTRUMEN Leonard, Street and D� 150 South Fifth Street Suite 2300 Muuieapolis, MN 5541 2648819v1 Notary Public WAS DRAF°TED BY: iard (JMF) ��"1 The under. mortgage lien upon conditions of the ab� Dated: STATE OF NQNNE� COUNTY OF � The foregoi respectively the on behalf of said � 2648819v1 CONSENT OF 1!'iORTGAGEE :d, , a , the holder of a "JLT Properry", hereby consents to and agrees to be bound by t%e terms and Declaration of Covenants. 2005 By_ Its And Its ITA ) ) ss. ) ; instrument was acknowledged before me this day of , 2005, by and and the of , a under the laws of Notary Public 5 r°�1 � � 2648819v1 EXffiBIT A (Description of JLT Properiy) � � r"\ 2648819v1 � II: : (Description of Longview Property) ;� � � z�sai9�i M�:�:11:��[�J (Map of Burdened and Benefited Property) � i� g 0 a c /� � � � 0 a� te 0 0 � � � n LEONARD STREET AND DEINARD July 20, 2005 VIA FACSIl��.E Ms. Julie Jones Planning Coordinator City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 380 ST. PETER S?REET SUITE 50O snix�r rn[n, NurrxasoTa 5 5 ioa 65i-222-7455 M�N 65 i-22z-76q.q. Fna Joseph M. Finley, Esq. 651-291-3528 j oe. finley@leonard. com www.leonard.com Re: Rezoni.ng Case PS #OS-03 (Applicant: JLT East River Road, LLC) Dear Ms. Jones: Our firm represents Longview Fibre Company, which operates a manufacturing plant at 5851 East River Road N.E. in Fridley (the "Longview Plant"). The Longview Plant is directly a.djacent, on the north, to the property which is the subject of the above rezoni.ng request (5601 East River Road, which I will refer to as the "JLT Site"). Longview hereby requests that this letter be placed in the record of tonight's Planning Commission hearing on the rezoning request. Longview Fibre is a New York Stock Exchange Company which has 15 plants located in 12 states. Longview's Fridley Plant has been in operation since the mid-1960s, employs approximately 150 people, and in 2005 will pay property taxes of roughly $190,000. Longview's Frid.ley Plant manufacturers corrugated board, runs 24 hours a day (three shifts) and, depending on market conditions, may operate up to seven days a week — though five days a week is the norm. The Longview Plant utilizes very sizeable and complicated machinery which would take several months to disassemble, move and reassemble. In short, Longview Fibre is in Fridley to stay. Longview Fibre objects to the requested rezoning for the reasons set forth below. Longview's objection is based on concerns which fall into two general categories: (1) traffic conflicts and (2) perceived incompatibility of neighbori.ng uses. Here is a brief explanation: LAW OFFICES IN MINNEAPOLIS� SAINT PATJL� MANBATO� SAINT CLOUD ANb WASHINGTON� n.c. A PFOfessional Association 2646540 V 1 W W W.LEONARD.COM Ms. Julie Jones July 20, 2005 �, Page 2 1. Traffic Conflicts. The JLT Site, though quite large, is virtually landlocked except for a single access point at the northwest comer of the JLT Site and southwest comer of the Longview Plant. The JLT Site and the Longview Plant share a common drive at this location (the "Common Access PoinY�, which affords each property access, with full turning movements, to East River Road, a heavily-traveled County road. Except for this one Common Access Point, the entire perimeter of the JLT Site is without any possible access or egress point. Traffic to the Tiro plant, which formerly occupied the JLT Site, was largely truck and employee traffic, all "destination" traffic familiar with shared traffic pattern at the Common Access Point. If the JLT site were developed for commercial uses, especially retail uses which produce episodic or "impulse" trips by shoppers unfamiliaz with the traffic pattern at the Common Access Point, there is a distinct possibility for hazardous traffic conflicts: Longview's slow-movi.ng hucks, just starting up from a stop sign, will have to contend with darting automobile traffic exiting the retail area. VVe feel that any rezoning of the JLT Site to commercial must be conditioned upon the owner of the JLT Site payi.ng for street improvements and traffic controls (possibly a semaphore) in the area of the Common Access Point to ensure safe traffic movements at this access/egress "choke point." 2. Operating Hours/Methods. Commercial users, once in place, often complain about neighboring, pre-existin� industrial uses, even industrial uses which operate entirely within the � law. Since Fridley (we assume) is not attempting to amortize the Longview Plant out of existence, any rezoning to commercial should be further conditioned upon the owner of the JLT Site agreeing, for itself and assigns, that it irrevocably consents to the current hours (24/7) and methods of operation of the Longview Plant, and to the truck and automobile tra£fic which currently flows through the Common Access Point from the Longview Plant. �"1 3. �ansion. For the same reasons, any rezoning should be further conditioned upon the owner of the JLT Site giving its irrevocable consent, binding itself and assigns, to any future proposal of Longview to expand its Plant to the north (away from the JLT Site), provided the expansion is otherwise permitted by zoni.ng rules. 4. Buffers. Finally, and agai.n for the same rea.sons, any rezoning should be further conditioned upon the owner of the JLT Site agreeing, for itself and assigns, that any new site plan would provide for the installation install visual and sound buffers between the new commercial use and the Longview Plant, so as to create a meaningful separation of the uses. 2646540v1 Ms. Julie Jones July 20, 2005 Page 3 Thank you for giving us the opportunity to submit these comments. I plan to be at the Planning Commission meeting tonight with the Longview Plant Ma,nager. Feel free to ca11 me before then if you have any questions. Very truly yours, LEONARD, STREET AND DEINARD Professional Association Joseph M. Finley JMF:gba Enc. cc: Todd Phelps (via e-mail) Richard Schneider (via facsimile) n Jerry Cormier (via facsimile) � a�wsaort