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PL 04/20/2005 - 30876�� �� � CITY OF FRIDLEY PLANNING COMMISSION APRIL 20, 2005 CALL TO ORDER Chairperson Savage called the meeting of the Planning Commission to order at 7:30 p.m. ROLL CALL Members present: Members absent: Barbara Johns, Larry Kuechle, Diane Savage, Leroy Oquist, Dean Saba and Brad Dunham. David Kondrick Others present: Julie Jones, Planning Coordinator Scott Hickok, Community Development Director Rebecca Brazys, Recording Secretary APPROVE PLANNING COMMISSION MINUTES — March 2, 2005 MOTION by Commissioner Oquist, seconded by Commissioner Kuechle, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 1. Consideration of a rezonina. ZOA #05-01, bv Jerome O'Brian Slawik, Har-Mar Inc., to rezone the propertv from M-1, Liaht Industrial to C-2, General Business, to allow a Class I restaurant to be converted to a Class 3 restaurant, ctenerallv located at 7110-7190 Universitv Av. NE. 2. Consideration of a Comprehensive Plan Amendment. CP #05-01, bv Jerome O'Brian Slawik, Har-Mar Inc., to amend the Comprehensive Plan from an industrial desianation to a commercial desipnation which will coincide with the rezonina reauest, aenerallv located at 7110-7190 Universitv Avenue NE. MOTION by Commissioner Kuechle, seconded by Commissioner 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. Ms. Jones explained the petitioner's request is to rezone the property from M-1 Light Industrial to C-2 General Business. The driving force behind this request is a desire on the part of one of the tenants in the building, Billiard Street Cafe, to obtain a liquor license which they can't do in an M-1 zoning. She explained that the Billiard Street Cafe will have to meet the definition of a restaurant which means that 40% of their total sales must be from serving food. In addition, once established, the facility must maintain a minimum 40% food sales ratio. CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 20, 2005 Page 2 of 6 ^ Ms. Jones reviewed the City's zoning map pointing out the M-2 Heavy Industrial zoning across the street from the petitioner's property. To the north along the west side of University the property is zoned C-2. She reviewed the site plan and pointed out the access to the petitioner's property is through the frontage road along University Avenue and from 73`� Avenue. Ms. Jones stated the original zoning on this property was R-2 Multifamily and was changed in 1967 to C-2 Office, Service and Limited Business. After that time, the University Avenue service drive was moved west and Commerce Circle East was created. The property was zoned C-2 General Business through the 70's. In 1980, the property was rezoned to M-1 Light Industrial. As tenants occupied space, the intended warehouse use evolved into dominant office uses. In 1986 a Special Use Permit was approved to allow a surgeon's office which is still there. In 1986 there was also a variance approved to reduce the parking setback on the west side as well as to allow a driveway width over 32 feet and to reduce the parking stall width to 9 feet for the spaces adjacent to the building. In 1988, another Special Use Permit was approved to allow the operation of the billiards, arcade and snack bar in the M-1 district. In 1997 a Special Use Permit was approved to allow the expansion of commercial recreational use (billiards) in the M-1 zoning. In 2001, a Special Use Permit was approved to allow another expansion of the commercial recreational use in an M-1 zoning. Ms. Jones explained that when staff looks at a rezoning there are three basic factors they consider: 1. Is the proposed rezoning consistent with the current uses in the building? In this case, the current uses more appropriately fit a C-2 zoning as demonstrated by the � Special Use Permits obtained. Those would not have been necessary if the property had been zoned C-2. 2. Is the proposed rezoning consistent with other property north along the University Avenue comdor? Staff believes the proposed rezoning is consistent because all of the property north is zoned C-2. 3. Is the proposed rezoning consistent with the Comprehensive Plan? In this case the answer is no the Comprehensive Plan reflects this property as M-1 zoning. This required the petitioner to apply for a Comprehensive Plan Amendment. Ms. Jones stated the following criteria are considered for a Comprehensive Plan amendment: 1. Is there an impact on the Metropolitan Systems? In this case the staff finds no impact because there is no proposed change in the use of the building. 2. Are there changes to the Service Boundary? That is not applicable because the City of Fridley is entirely within the Service Area boundary. 3. Will there be changes to timing and staging of the Urban Service Area? The same applies to this item because it's within the entire Urban Service boundary. 4. Is there an impact on the wastewater treatment? The staff sees no impact because there are no proposed changes in use. 5. Will there be discharge to more than one metropolitan interceptor? Staff finds no change in this case. Regarding the parking at this facility, Ms. J�ones stated there are 165 parking stalls and according to staff analysis of the businesses on this property, city code would require 264 � parking stalls. Consequently they only have 63% of the parking required by code. However, the mix of uses is currently co-existing now without parking problems due to the differing hours for the businesses on this property. In authorizing the rezoning of this property, Ms. Jones � CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 20, 2005 Page 3 of 6 explained, the Commission would in essence be providing a parking variance as well. For that reason, staff has added a stipulation to address this. Ms. Jones stated staff recommends approval of the rezoning because the proposed rezoning provides consistency along the University Avenue corridor and the proposed rezoning allows a better fit for the current uses at the subject property. Staff also recommends approval of the comprehensive plan amendment as the proposed minor amendment provides consistency for the zoning designations along the westem edge of the University Avenue comdor and the proposed minor amendment will not have an impact on Metropolitan systems. Staff further recommends the following stipulations: • The development owner shall notify the City of any future additions / expansions or tenant change outs and shall accept limitations on occupancy of the building should parking shortages result. • Any and all Special Use Permits tied to the industrial zoning will be nullified with this rezoning to C-2. Commissioner Oquist asked if the required 264 parking stalls are related to the M-1 or C-2 zoning. Ms. Jones explained the parking requirement is tied to the uses on the property in the C-2 zoning. Commissioner Johns questioned if the addition of the liquor sales will increase the need for parking. Ms. Jones stated the Billiard Street Cafe is currently open until 4:00 a.m. With the liquor license, they would be required to close by 2:00 a.m. So the hours of operation would change. Mr. Hickok stated it is presumed by the petitioner's application that they are going to meet the required food to liquor sales ratio so it shouldn't be anticipated that they will be busier to meet that ratio. Commissioner Kuechle questioned how the parking variance would be a part of the zoning approval. Ms. Jones explained that a separate action for a variance would not be required for the parking as that would happen with the rezoning. Mr. Hickok explained in Chapter 205 it states that by other actions of the City Council they can enact an action that embeds a variance in that action. In this case it hasn't taken the separate trail through the Appeals Commission, but the Planning Commission, if they feel it's appropriate, can recommend approval and there would be a record as though it had gone through the variance process. It recognizes that there is a deficient number of parking stalls but based on the circumstances described it authorizes that approval. Commissioner Saba asked if there are other C-2 uses with only 63% of the required parking. Mr. Hickok stated there is a speculative parking ratio that anticipates there are uses that ^ capitalize on the fact that some space is not using all their parking at a certain time of the day. There are those trade-offs when there are high impact uses at one end of the building with low impact at the other end of the building which spreads the demand across the entire site. Nearly CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 20, 2005 Page 4 of 6 �, every shopping center we have has that speculative parking ratio. Whether or not they would match the 63% he didn't know, but that's the purpose of a speculative parking ratio. He added that staff believes in this petitioner's case, that the uses on this site will not create a conflict for parking. Commissioner Saba asked if the Fridley Police had any comments regarding this request. Ms. Jones stated the Public Safety Director has been involved in the process for this petitioner and there were no concerns expressed. Mr. Hickok commented that right now, The Billiard Street Cafe is a destination for the after bar crowd because it is open until 4:00 a.m. The Police are optimistic about the fact that with the liquor license and 2:00 a.m. closing, it would no longer be an after bar destination. Commissioner Oquist asked if there are liquor license available. Mr. Hickok stated there are. Brian Slawik, owner and developer, stated he appreciates the efforts the staff has extended. Todd Phelps, Leonard, Street and Deinard, stated they concur with the staff s report and are happy to answer any questions. Chairperson Savage asked if they had any problems with the staff's stipulations. � Mr. Phelps asked if it is staff's intent that the landlord notifies the City of any change in use or tenant indefinitely. Ms. Jones stated that the stipulation would go on indefinitely. Mr. Hickok added that the stipulation is to ensure advanced notice with the idea that there may be a restriction if it is a demand use being suggested that may impact the parking. Chairperson Savage commented that the character of the billiard hall is being changed by the addition of liquor sales and questioned how this will impact the young people who typically use billiard halls. Greg Asproth, Billiard Street Cafe, stated there is a mix of ages at the Billiard Street Cafe and the largest number of customers is between 17 and 21. He stated he has met with the chief of police and has put together a plan to address any concerns. He stated it's almost impossible to stay in business without serving alcohol. Commissioner Oquist asked if the liquor sales will take place in the billiard hall area. Mr.. Asproth responded liquor will be sold throughout the facility. MOTION by Commissioner Saba, seconded by Commissiner Kuechle, 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 7:55 PM. CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 20, 2005 Page 5 of 6 �� MOTION by Commissioner Saba, seconded by Commissioner Johns, to recommend approval of ZOA 05-01 with the stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Saba, seconded by Commissioner Oquist, to recommend approval of CP 05-01 with the stipulations recommended by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the Februarv 3. 2005 Housinq and Redeveloament Authoritv meetina. MOTION by Commissioner Oquist, seconded by Commissioner Saba, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the Februarv 15, 2005, Environmental Qualitv � Enerav /� Commission meetina. MOTION by Commissioner Johns, seconded by Commissioner Saba, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the minutes of the March 9. 2005 Aapeals Commission meetina MOTION by Commissioner Kuechle, seconded by Commissioner Oquist, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Receive the minutes of the March 4. 2005. Housina $ Redevelopment Authoritv meeting. MOTION by Commissioner Kuechle, seconded by Commissioner Johns, to approve the minutes as presented. �--� UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY OF FRIDLEY PLANNING COMMISSION MEETING, APRIL 20, 2005 Page 6 of 6 � 7. Receive the minutes of the March 15. Environmental Qualitv � Enerav Commission meetina. MOTION by Commissioner Johns, seconded by Commissioner Saba, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok stated the Planning Commission, Appeals Commission, Environmental Quality & Energy Commission and the Charter Commission will be meeting with Dr. Bums to follow up on the Council and Commissions survey. The date is yet to be determined. ADJOURN: MOTION by Commissioner Oquist, seconded by Commissioner Johns, to adjoum. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING AJDOURNED AT 8:02 PM. � RespectFully submitted by, , �� � � �� Rebecca Brazys Recording Secretary � f s ��, � �i Name ��'�.�� ,/!,` \ � �..� � c°1 . 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