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PL 10/17/2007 - 29926PLANNING COMMISSION MEETING October 17, 2007 Chairperson Savage called the Planning Commission Meeting to order at 7:30 p.m. MEMBERS PRESENT: MEMBERS ABSET: OTHERS PRESENT Brad Dunham, Dean Saba, Diane Savage, David Kondrick, Brad Sieloff, Jack Velin Leroy Oquist Stacy Stromberg, City Planner Scott Hickok, Community Development Director Approval of Minutes: October 3, 2007 MOTION by Commissioner Kondrick to approve the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 1. Consideration of a Special Use Permit, SP #07-08, by Identi-Graphics, to allow a changeable electronic gas pricing sign in a C-2, General Business District, generally located at 6501 Central Avenue, NE. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING OPENED AT 7:32 P.M. Stacy Stromberg, City Planner, presented a request from the petitioner, Identi-Graphics, who is representing the property owner of the gas station located at 6501 Central Avenue. The petitioner is requesting a special use permit to allow a free-standing automatic changeable LED gas pricing sign. Ms. Stromberg stated that a free-standing sign already exists on the subject property, which is located on the corner of Mississippi Street and Central Avenue. The petitioner is proposing to re-face the existing sign with a British Petroleum logo sign, a LED gas pricing section, and a manual reader board. The LED section of the sign is proposed to be approximately 10 square feet, and the total square footage of the sign is 79.2 square feet. Ms. Stromberg reviewed that the subject property is located at the northeast corner of Central Avenue and Mississippi Street. The property is zoned C-2, General Business. According the building permit records, a building existed on the site prior to 1949, however, that structure burned down. In 1968, the City Council reviewed plans for a convenience/grocery store and they separately reviewed plans to allow for the construction of gasoline pumps in conjunction with the store. While modern code standards require a special use permit to be obtained for motor vehicle fuel and oil dispensing services, the 1963 zoning code allowed gasoline service stations as a permitted use. The existing building and gasoline pumps were then constructed in 1969. The original free-standing sign was also constructed in 1969. There have been several changes and modifications to that sign since it was constructed. Ms. Stromberg stated that electronic changeable signs are an approved special use in any zoning district, except residential, provided the message doesn't change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district in which the property is located. The subject property is zoned C-2 General Business, which requires that free-standing signage can not exceed 80 square feet in size. The existing sign meets that size requirement as will the re-face of the existing sign. The new sign will be approximately 79.2 square feet, with the electronic portion being approximately 10 square feet. It should also be noted that the sign location is 50 feet from any residential property. Ms. Stromberg stated that City Staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements, subject to stipulations. City Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on LED sign shall not change more often that authorized under Section 214.07 of the Fridley City Code. 3. Message on LED sign shall never flash or have motion that may distract vehicular traffic in the area. 4. The petitioner shall ensure that the existing free-standing sign is 10 feet from any property line or driveway. Chairperson Savage asked if staff had had any calls about the sign from neighbors in the area. Ms. Stromberg answered said staff received one call and they just had general questions. Jim Nelson, Identi-Graphics, said that this would be a safer sign because when the current sign needs to be changed with the plastic numbers the numbers can fall and people could get hurt. This sign will allow employees to change the sign electronically from inside. Commissioner Kondrick asked if the petitioner had any problems with the stipulations. Mr. Nelson answered no. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING CLOSED AT 7:37 P.M. MOTION by Commissioner Saba to approve the consideration of a Special Use Permit, SP #07- 08, by Identi-Graphics, to allow a changeable electronic gas pricing sign in a C-2, General Business District, generally located at 6501 Central Avenue, NE with the following stipulations: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on LED sign shall not change more often that authorized under Section 214.07 of the Fridley City Code. 3. Message on LED sign shall never flash or have motion that may distract vehicular traffic in the area. 4. The petitioner shall ensure that the existing free-standing sign is 10 feet from any property line or driveway. Seconded by Commissioner Sieloff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Consideration of a Special Use Permit, SP #07-10, by Mark Pope, for Lynwood, to allow a nursing home to continue to exist and to allow an expansion of the nursing home in an R-3, Multi-Family zoning district, generally located at 5700 East River Road. MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING OPENED AT 7:39 P.M. Scott Hickok, Community Development Director, stated that the petitioner, Mr. Pope of RLP Architects Inc., is representing Golden Living Center-Lynwood, in their petition to seek a special use permit to allow a nursing home to continue to exist and to allow an expansion of the nursing home in an R-3, Multi-Family zoning district. The nursing home is located at 5700 East River Road. Mr. Hickok said that the Golden Living Center — Lynwood is proposing to construct a 510 square foot addition to their building that will be constructed on an existing paved area. The addition proposal is to be used for therapy. Mr. Hickok stated that the subject property is located on the west side of East River Road and is surrounded on three sides by Georgetown Apartments. It is zoned R-3, Multi-Family, as are the properties to the north, west and south. The properties across East River Road are zoned M-2, Heavy Industrial. The existing nursing home facility was constructed in 1963, and an addition was constructed in 1987. In 1988, a storage building was constructed on the southwest side of the property. Mr. Hickok said that when the property was developed in 1963, nursing homes were a permitted use in an R-3, Multi-Family zoning district. In 1969, the City Council adopted a new zoning code, which required a special use permit for nursing homes in a residential district. The petitioner is proposing to construct a 510 square foot addition to the existing building, which requires the petitioner to apply for the requested special use permit to meet current code requirements. Mr. Hickok said that the property is deficient in meeting front and side yard setback requirements. City Code requires a side yard setback of 35 feet for all buildings in an R-3, Multi- Family zoning district. The existing building is located 13.1 feet form the property line, which is deficient in meeting the front yard setback requirements. Therefore, the petitioner is seeking a variance to reduce the front yard setback from 35 feet to 13.1 feet. It should also be noted, that the concrete patio in front of the building is a roofed structure and is also located within the front yard setback and 17 feet from the property line. Several years ago, Anoka County acquired land along East River Road to expand the roadway; this may have resulted in the deficient front yard setback for this property. Mr. Hickok stated that City Code requires a side yard setback of 15 feet in an R-3, Multi-family zoning district. Staff noted during the review of the petitioner's variance request that both the north and south side yard setbacks are non-conforming. The side yard setback on the north side is 9.6 feet at its closest point, and the side yard setback on the south side is 12.8 feet at its closest point. Staff recommends that these non-conformities be recognized and become part of the petitioner's variance request. The above referenced variance request were approved by the Appeals Commission at their October 10, 2007 meeting. Mr. Hickok said that all other code requirements for this property, such as rear yard setback, lot coverage, and parking are being met for this property. Nursing Homes in an R-3, Multi-Family zoning district are required to have one parking stall for every four beds, and three stalls for every four employees on the largest shift. The nursing home is a 50-bed facility, which requires 13 stalls and there are 16 employees on the largest shift, which requires 12 parking stalls. Total required parking stalls for this property is 25 stalls. The proposed addition will not increase the number of beds or employees, so the 33 stalls that currently exist on the site are sufficient. Mr. Hickok stated that City Staff recommends approval of this special use permit request, as nursing homes are a permitted special use in the R-3, Multi-Family zoning district, subject to stipulations. Staff recommends that if the special use permit is grated, the following stipulations be attached: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The subject property shall be maintained free of any and all construction debris. 3. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 4. The City reserves the right to require additional parking should the demand of the facility warrant it. 5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 6. The petitioner shall submit a grading and drainage plan to be approved by City engineering staff prior to issuance of a building permit. Commissioner Kondrick asked if there were any plans to widen East River Road because if there were, it would be a problem. Mr. Hickok said that he was not aware of any plans to widen the road in the future. Commissioner Kondrick asked if this should have been brought to the Appeals Commission first. Mr. Hickok answered that the Appeals Commission already approved the variances on October 10, 2007. Commissioner Kondrick asked if additional parking is needed in the future there would be enough room. Mr. Hickok said it would take some engineering to rework the existing stalls but a few more parking spots could be found. Commissioner Dunham asked if they were currently short any parking stalls. Mr. Hickok answered no. Chairperson Savage asked if any response has been heard from the neighbors. Mr. Hickok answered no. Mark Pope, RPL Architects, said they had no problems with the report or any of the stipulations. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Sieloff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING CLOSED AT 7:47 P.M. MOTION by Commissioner Sieloff approve the Consideration of a Special Use Permit, SP #07- 10, by Mark Pope, for Lynwood, to allow a nursing home to continue to exist and to allow an expansion of the nursing home in an R-3, Multi-Family zoning district, generally located at 5700 East River Road with the following stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. The subject property shall be maintained free of any and all construction debris. 3. The addition shall be architecturally compatible with the existing building and finished with complementary siding and color scheme. 4. The City reserves the right to require additional parking should the demand of the facility warrant it. 5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 6. The petitioner shall submit a grading and drainage plan to be approved by City engineering staff prior to issuance of a building permit. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 3. Consideration of a Special User Permit, SP #07-09, by Sikh Society of MN, to allow the construction of a worship facility in an R-1, Single Family Zoning District, generally located at 5350 Monroe Street. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING OPENED AT 7:49 P.M. Stacy Stromberg, City Planner, presented that the petitioner, the Sikh Society of Minnesota, is seeking a special use permit to allow the construction of a worship facility at 5350 Monroe Street, which is currently a vacant parcel. Ms. Stromberg stated that the subject property is located off of 53�d Avenue and Monroe Street and is heavily wooded and undeveloped. The property is zoned R-1, Single Family as are the properties to the west and south. Super Target occupies the property to the north and east. The property has remained undeveloped, with wetlands bordering the west and south sides of the property. The property currently has 19 feet of access from Monroe Street, which is six feet short of the code required 25 feet width needed for right-of-way access. Therefore, the petitioner has applied for a variance to reduce this code requirement. The petitioner is also pursuing access to the adjacent private service road just east of the property, which would allow the property to be accessed from a 25 feet wide easement running perpendicular of the service road. This is a safer, more visible entry and is one staff recommended and feels would work best for this site. The petitioner has been working with Target and Petco to obtain an access agreement. To staff's knowledge one hasn't been received yet, however, staff will stipulate that one be obtained before issuance of a building permit. Ms. Stromberg stated that the Sikh Society of Minnesota purchased the property at 5831 University Avenue in Fridley in the early 1990's and has continued to operate their worship facility from this address. Over the years they have considered constructing an addition to this building but have instead decided to build a new worship facility at 5350 Monroe Street. Ms. Stromberg stated that the subject property is 96,525 square feet (2.22 acres). The petitioner is proposing to construct an 8,640 square foot building. The building will be a split entry type building with a lower and upper level. The floor plan consists of a foyer area; with the sanctuary located in the upper level and the lower level will have a kitchen, dining area, a library and a living area for the pastor. Ms. Stromberg stated that the purpose of a special use permit is to provide the City with a reasonable degree and discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety of the area in which it is located. The special use permit gives the City the ability to place stipulations on the proposed use to eliminate negative impacts to surrounding properties. The City also has the right to deny the special use permit request if impacts to surrounding properties cannot be eliminated through stipulations. Ms. Stromberg stated that churches or worship facilities are a permitted special use permit in the R-1, Single Family zoning district, provided they meet the necessary requirements related to building and site requirements and parking, subject to the stipulations suggested by staff. The code requires the use of the CR-1, General Office code standards for churches in an R-1, Single Family district. When using those code standards or the standards in the R-1, Single Family zoning district, all of these requirements are being met with the proposal for the new building. Ms. Stromberg stated that all setback and lot coverage requirements are being met with the proposed building design. Fridley City Code requires that the minimum amount of parking stalls for this site is 107 stalls. The petitioner is proposing to install 108 parking stalls, therefore meeting City Code requirements. Ms. Stromberg said that Fridley City Code also requires any proposed lighting on the site to be shielded and downcast and not to extend over the property line. The proposed building is being designed in a manner that matches the scale of the residential character and structures of the daycare facility located south of the subject property and the residential homes located west of the subject property. Ms. Stromberg stated that the petitioner has articulated to staff that they plan to save as many of the large trees that exist on the site as possible. Staff will stipulate that all trees to be marked and approved by staff prior to removal. While City staff typically recommends the use of a landscaped hedge or screening device between single-family residential properties and an entity, such as the proposed worship facility, staff feels that due to the change in elevation between the subject property and the residential properties to the west, an 8-foot screening fence or a landscape hedge wouldn't be warranted. The grade change is such that an 8-foot fence or hedge wouldn't screen the new building or parking area from the neighborhood above, therefore; staff would recommend a significant amount of landscaping materials to include a mixture of new tree plantings and shrubbery along with any existing trees that may be saved to create a better screening application along the western border of the property. Ms. Stromberg said that Fridley City Code does have a wetland overlay district that stated that significant wetlands would be maintained in their natural condition or improved to provide more benefits for water quality management. It also states that the City will preserve and enhance wetlands within the community through implementation of development regulations that will ensure the design and construction of adequate on-site storm water measures. In 1993, the City hired Westwood Engineering to perform a Wetland Delineation and Evaluation Study for the entire City. At that time wetlands were identified on site. Historically, the subject property has been a marshy, wet parcel, however over the years fill has been added to the site, which has caused the character of the soil to change. It is not clear when the fill was placed on the site; however it appears that it was sometime ago, due to the vegetation that has since grown. Ms. Stromberg stated that in order to act upon this special use permit request, staff required the petitioner to have the existing wetlands on the site be delineated and the boundaries identified. The petitioner hired Westwood Professional Services to delineate the wetlands and they determined that two wetlands do exist on the site, covering a total area of approximately 8,517 square feet (0.20 acres). Wetland A borders the property on the south and west sides and Wetland B is located on the east side of the property. Ms. Stromberg said that City Code does not restrict how close a building or parking lot can be located to a wetland and the DNR doesn't consider these particular wetlands to be a"protected wetland". Therefore, the DNR doesn't have restrictions on how close you can build to a non- protected wetland. As a result, staff is requiring that all building and parking areas remain out of the wetlands. City staff is also requiring that any pond for storm water run-off be designed to be separate from the wetlands so as to not detrimentally impact the integrity of the wetland. Ms. Stromberg stated that on July 27, 2007, City staff received a petition from the neighborhood west of the subject property with 58 signatures (37 households) in opposition of the proposed Sikh Society development. No reasons were identified; it just stated that they are opposed to the development. Staff also received a letter from the property owner at 589 53 %2 Avenue in opposition of the request. He expresses in his letter that the residential neighborhood is already being encroached on all sides by roadways and commercial uses, which makes is hard for people to want to remain in this neighborhood. He also stated that noise would become a bigger issue for the neighborhood with the removal of the trees on the subject property. Since the Planning Commission packets were delivered to, two additional letters have also been received my neighboring property owners and those are in front of the Planning Commission tonight and should also be receipted into the record. Ms. Stromberg stated that the neighborhood west of the subject property was platted in four separate plats between the years 1947-1959. The neighborhood has been zoned residential since the first zoning map dated in 1958. Interstate 694, which was previously Highway 100, has always bordered the neighborhood to the north, and the Target property and the Medtronic World Headquarters property located north of Interstate 694 has also been zoned commercial use since the 1958 zoning map. It is true that a roadway to the north and commercial property to the east border this neighborhood; however it has been that way since the late 1940's. While the subject property is zoned R-1, Single Family, it also allows uses such as schools, churches, hospitals, medical clinics, and other uses with a special use permit. A special use permit gives the City Council the authority to place stipulations on the permit to help mitigate any negative impacts that might be placed on neighboring properties. Ms. Stromberg stated that City Staff recommends approval of this special use permit, as worship facilities are an approved special use in the R-1, Single Family zoning district, with stipulations. Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA code requirements. 3. Proposed building to be sprinkled per MN Rules Chapter 1306. 4. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Petitioner shall meet any requirements identified by Six Cities Watershed District. 7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 8. A protective railing to be installed on top of the proposed retaining wall around the storm pond. 9. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the construction of the new building shall be marked and approved by City staff prior to issuance of building permits, 10. All lighting on the property shall be shielded and downcast and shall not exceed three-foot candles at the property line. 11. Access agreement from Petco/Target to be submitted to City staff prior to issuance of a building permit. 12. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's engineering department. 13. If petitioner is unable to obtain an access agreement from Petco/Target, the petitioner shall apply for and have approved a Wetland replacement plan from the City before a building permit shall be issued. Commissioner Kondrick asked how tall the building would be. Ms. Stromberg answered that she did not have that information available but it would be 1%2 stories or about 16 feet. The maximum height allowed in this zoning district is 35 feet. Commissioner Sieloff asked how the number of parking stalls is determined. Ms. Stromberg answered that it is based on the building layout and broken down into office, assembly and storage areas to determine how many parking stalls are required. Commissioner Kondrick said he drove by the area and it seemed with the setback requirements, wetland area, parking, building size etc. that the building would not be able to expand should they need it. Ms. Stromberg said that is correct, the building would be at capacity with the parking, landscape, ponding requirements etc. Chairperson Savage asked if a stipulation needed to be added regarding the Appeals Commission. Ms. Stromberg said this would be heard by the Appeals Commission next Wednesday. Scott Hickok, Community Development Director, said that stipulation number 13 would cover the issue if the Appeals Commission did not grant the variance. Commissioner Sieloff asked if the site plan would allow too narrow of an access. Mr. Hickok answered no, that the design access was at an angle to achieve 25' and this would encroach the wetland. Whatever amount of wetland that is lost would need to be replaced in another area. If the variance does not pass with the Appeals Commission the petitioner would need to comply, if the Appeals Commission passes the variance, stipulation 13 will not apply. Commissioner Kondrick asked if they have heard anything from Petco in granting access to the area. Ms. Stromberg answered yes; they are new owners and have called with questions regarding access to the site. The owners are in California and are planning to come tour the site. Commissioner Dunham asked about screening the building with trees on the west side and which part of the building cannot be screened. Ms. Stromberg answered that screening would be done with existing trees or new landscaping. Mr. Hickok said that a landscaping plan would be submitted to maximize the landscaping plan. Some of the current trees will be kept and some trees will be removed and supplemented in the landscaping plan. Commissioner Dunham said that there doesn't look like there will be many trees left on the west side. Mr. Hickok said that the wetland exists in a wooded area and the petitioner cannot mess with the wetland at all. The wetland area around the building must be left alone. Any trees that are removed will be supplemented with new plantings. MOTION by Commissioner Kondrick to receive two letters from neighbors, both in opposition of the construction proposed for this site. Seconded by Commissioner Velin. Commissioner Sieloff asked what provides the water for the wetlands. Ms. Stromberg answered that there is a very high water table in this area. Commissioner Kondrick commented that the run off from Target does not drain into this area. Mr. Hickok said that is correct. Commissioner Kondrick asked if this building would have a basement. Ms. Stromberg answered no; there would be no basement. The proposed building would be a split entry design. Jeff McElmory, Designer for Sikh Society, said he accepted all of the stipulations. The Sikh Society had looked into expanding the current building but the Committee decided to build a new building that would last them a long time as their organization grows. The current building has about 2,500 square feet of worship space and when after worship the Sikh Society shares a meal. Currently the same space is used to worship and share the meal so everything needs to be cleared out before they can share the meal. The new building would allow the worship to be held on one level and the lowest level would be an area for sharing the meal and other auxiliary uses. The Sikh Society started in 1996 with 50 families and has grown to 75 families. Looking into the future, they want to build a space that is large enough so they don't grow out of the space anytime soon. Commissioner Sieloff asked who is designing the storm water area. Mr. McElmory said they are working with Westwood Engineering to create the design. Commissioner Velin asked about the height of the building and how many stories the building would have. Mr. McElmory answered that the building would be 1%2 stories high. The overall height will be 17.5 feet. Commissioner Velin asked when looking out of the windows from the neighborhood homes, what would they see. Mr. McElmory said that they are going to try to leave as many trees as possible and will supplement with new trees for those that need to be taken down. The parking will be adjusted to avoid the wetlands. Depending where they are looking from, they will see the building on the high end of the site. Commissioner Dunham asked about the fence screening and if it was not recommended because of the trees. Ms. Stromberg said there is a grade difference between the west residential properties and the subject property so a fence would not screen the area well. Chairperson Savage asked if the petitioner has had any conversations with the neighbors and tried to address any of their concerns. Mr. McElmory answered that the members have spoken with the neighbors and sent them a letter. DJ Sikka, Member of Sikh Society, said that he has spoken with Ms. Stromberg and Mr. Hickok regarding the neighborhood issues. Chairperson Savage asked if there was any response from neighbors. Mr. Sikka answered no. MOTION by Commissioner Saba to receive the letter that was sent to the neighbors. Seconded by Commissioner Kondrick. Mr. Sikka said that the Sikh Society has been on the current site since 1990, 16 years, and half of the people in the area don't even know they are there. Fridley is a good location for their society and they would like to stay in Fridley. Chairperson Savage asked if there were any plans for schooling on site. Mr. Sikka said that their community is very small and there is room downstairs for small children but they will not have classes because the children are all different ages. Commissioner Kondrick asked if there has been any recent communication with the Petco owner regarding the right to access. Mr. Sikka answered that he spoke with the owner 4-5 days ago and he will not make a decision until he is able to tour the property. Mr. Sikka does not think it will be an issue. Ryan Edstrom, Westwood Engineering, said that he would like the variance request taken off because recent documents found an additional 15 feet of right-of-way so the variance will not be needed. Mr. Hickok said that late in the day the City surveyor spoke with Westwood Engineering and it appears there is additional footage not shown on the earlier map. All maps showed the variance was needed but staff couldn't say a variance was not required until further confirmation was made. This does not change the variance request because the wetland will still be affected and if it is encroached, it will need to be replaced. Marian Billington, 5361 Madison Street, was concerned that if a fence was not installed that foot traffic would come from the Target lot to the new building and through the neighborhood. A fence would stop that traffic. She also had concerns about the heavy equipment on the roads and construction creating vibrations on the ground possibly creating structural damage to neighboring properties. Mr. McElmory said they would be glad to put up a fence and would be removing some soil but did not plan to put pilings in. There is good ground and the construction will not be deep so the ground will be higher and dryer to build on. Commissioner Velin asked for clarification that the society prefers to build a new building verses remodeling the current building. Mr. McElmory said that the current site is very limited. If they were to build on to the site the space that is needed, they would lose parking spaces and not have enough stalls to meet City Code requirements. They would like to build just once and to build new is the best option. Commissioner Velin commented that with all the stipulations, he felt that this should have gone before the Appeals Commission first and also had Petco's okay for the access. If Petco says no, what will happen to this request? Mr. Sikka said that he did talk to Petco four months ago and they are now the new owners. Once they come and look at the site he is pretty sure they will not have a problem granting access. Mr. Hickok said that the stipulations are not unusual from other requests. The issue with Petco is that if a variance is not granted, it could delay the project. Staff needs to anticipate all aspects and unfinished business but if Petco does grant the easement, everything else will fall into place. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING CLOSED AT 8:44 P.M. Chairperson Savage commended staff for the thorough report and research on this project. She would vote to approve this item with the stipulations as it does follow City Code. Commissioner Saba agreed and commented that a lot of other buildings could be noisier and bring in more traffic on a daily basis than this one. Commissioner Dunham asked for a stipulation to be added to include the construction of a fence. Commissioner Sieloff said that although the residents would like to see no development at all, other businesses could build in there that would be far worse than what is being proposed. Commissioner Velin said he did feel for the neighboring households but he would go along with the staff recommendations and it will be a while before the building will be completed. Commissioner Kondrick agreed with adding the fence stipulation. He asked if the type of fence should be specified in the stipulation or worked out between the parties involved. MOTION by Commissioner Kondrick to approve the consideration of a Special User Permit, SP #07-09, by Sikh Society of MN, to allow the construction of a worship facility in an R-1, Single Family Zoning District, generally located at 5350 Monroe Street with the following stipulations: 1. Petitioner to obtain all necessary permits prior to construction. 2. Petitioner to meet all building, fire, and ADA code requirements. 3. Proposed building to be sprinkled per MN Rules Chapter 1306. 4. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 5. Petitioner to submit storm pond maintenance agreement prior to issuance of a building permit. 6. Petitioner shall meet any requirements identified by Six Cities Watershed District. 7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 8. A protective railing to be installed on top of the proposed retaining wall around the storm pond. 9. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the construction of the new building shall be marked and approved by City staff prior to issuance of building permits, 10. All lighting on the property shall be shielded and downcast and shall not exceed three foot candles at the property line. 11. Access agreement from Petco/Target to be submitted to City staff prior to issuance of a building permit. 12. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's engineering department. 13. If petitioner is unable to obtain an access agreement from Petco/Target, the petitioner shall apply for and have approved a Wetland replacement plan from the City before a building permit shall be issued. 14. Petitioner shall install a fence between the subject property and the residential properties to the west. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 4. Receive the minutes of the September 10, 2007, Parks and Recreation Commission Meeting. MOTION by Commissioner Kondrick to approve the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 5. Receive the minutes of the June 13, 2007, Appeals Commission Meeting. MOTION by Commissioner Dunham to approve the minutes as presented. Seconded by Commissioner Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 6. Receive the minutes of the September 11, 2007, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to approve the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY OTHER BUSINESS Mr. Hickok thanked those who attended the Corridor Housing Initiative. A final report will be available on the web site and staff looks forward to future development. He also encouraged people to watch the upcoming HRA and Council Meetings as it relates to the North Star Corridor. A decision needs to be made if the City would like BNSF to dig out a box culvert. BNSF would like to dig the culvert so they can work the construction of the culvert so it won't disrupt their busy season next year. Fridley wants a stop in their city and staff will continue to seek Federal Funding for the construction of a rail station in our City. ADJOURN MOTION by Commissioner Kondrick to adjourn. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:54 P.M. Respectfully submitted, Krista Monsrud Recording Secretary