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PL 07/15/2009 - 29944PLANNING COMMISSION JULY 15, 2009 Chairperson Kondrick called the Planning Commission meeting to order at 7:00 p.m. MEMBERS PRESENT: Leroy Oquist, Marcy Sibel, David Kondrick, Brad Sielaff MEMBERS ABSENT: Brad Dunham, Dean Saba, Jack Velin OTHERS PRESENT: Stacy Stromberg, City Planner Scott Palmetier, Universal Sign Company Lisa Rassmussen, Kimberly Morn and Associates ROLL CALL: APPROVE PLANNING COMMISSION MEETING MINUTES: June 17, 2009 MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #09-07, by Universal Signs, on behalf of Walgreen's is seeking a special use permit to allow an electronic readerboard sign as part of their free-standing sign, generally located at 6525 University Avenue NE. MOTION by Commissioner Sibel to open the public hearing. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:03 P.M. Stacy Stromberg, City Planner, said that the petitioner, Universal Signs Inc., is representing Walgreen's, and is requesting a special use permit to allow an electronic reader board to replace the existing manual reader board on the existing pylon sign on their property which is located at 6525 University Avenue. Ms. Stromberg said that a free-standing sign already exists on the subject property, which is located on the southwest side of the property. At this time, the petitioner is seeking to change out the existing 42.9 square foot manual reader board sign with a 23 square foot electronic reader board sign. The total square footage of the pylon sign after the change will be 60 square feet. Ms. Stromberg said that the subject property is located on the northeast corner of University Avenue and Mississippi Street. The property is zoned S-2, Redevelopment District. The property was originally developed in 1965 with a Red Owl Grocery Store. After the grocery store closed, several other commercial type businesses occupied the building. In 1998, the original building was demolished and a new Walgreen's building was constructed. The existing free-standing sign was also constructed in 1998. Ms. Stromberg said 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. Since, the subject property is zoned S-2, Redevelopment District, staff uses the code requirements for the most like use, which in this case would be commercial. The commercial zoning districts require free-standing signs to be a maximum of 80 square feet in size. The existing sign meets that size requirement at 79.9 square feet and the change to an electronic reader board sign will actually reduced the total square footage to 60 square feet. All other commercial standards for free-standing signs are being met with this sign. Ms. Stromberg said that City staff hasn't heard from any neighboring property owners and that City Staff recommends approval of the special use permit as electronic changeable signs are an approved special use in any zoning district, except residential provided the sign complies with Code requirements, subject to the following stipulations. 1. The petitioner shall obtain a sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214. 07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Chairperson Kondrick asked Mr. Palmetier if he understood the stipulations. Scott Palmetier, Universal Sign Company, answered yes and he would pass that information on to Walgreens. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:06 P.M. MOTION by Commissioner Sielaff to approve the consideration of a Special Use Permit, SP 09- 07, by Universal Signs, on behalf of Walgreen's is seeking a special use permit to allow an electronic readerboard sign as part of their free-standing sign, generally located at 6525 University Avenue NE. subject to the following stipulations. 1. The petitioner shall obtain a sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 2. PUBLIC HEARING: Consideration of a resolution for a Vacation, SAV #09-01, by Kimberly-Horn and Associates, Inc., on behalf of the Anoka County Regional Railroad Authority, to vacate a portion of 61 '/2 Way to allow for the construction of the Northstar commuter rail station park and ride lot, generally located at 6151 East River Road NE. MOTION by Commissioner Sibel to open the public hearing. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:07 P.M. Stacy Stromberg, City Planner, said that the petitioner, Paul Danielson, of Kimley-Horn Associate, Inc., on behalf of the Anoka County Regional Railroad Authority (ACRRA), is seeking to vacate a portion of 61 '/2 Way to allow for the construction of Northstar Commuter Rail Park and Ride Station on the west side of the railroad tracks, generally located at 6151 East River Road. Ms. Stromberg said that the subject property is currently zoned P, Public Facilities and is located on the northeast corner of East River Road and 61St Way. It is the area for which the Northstar Commuter Rail Park and Ride facility on the west side of the BNSF railroad tracks will be located. Ms. Stromberg said that in order to allow for the construction of the park and ride facility, vacation of a portion of 61 '/2 Way is required. The site is currently already under construction and as a result, that portion of 61 '/2 Way is already being graded to be used as a parking area and is restricted to the motoring public. The residents that currently live on 61 '/2 Way have been involved in the planning of this station site and are aware of their access options to and from their homes. Ms. Stromberg said that City staff hasn't received any comments from neighboring property owners and recommends approval of this vacation request, with the following stipulations. 1. Petitioner shall provide utility easements legal description within vacation area to be filed upon approval of the vacation request. 2. Petitioner shall provide north/south access easement legal description to be filed upon approval of the vacation request. Commissioner Oquist asked if the residents and emergency vehicles can use that roadway to get down to the light. Ms. Stromberg said yes. Commissioner Sibel asked if accommodations would be made to make it easier for traffic congestion. Ms. Stromberg said that since the construction has started the road is a dead end so there is no access to the lights. Once the construction is done they will be able to go south to get to the light. Commissioner Sibel asked what it meant that residents are involved. Ms. Stromberg said that the Northstar project has being going on for so many years, residents that will be affected, have been involved through out the process. Chairperson Kondrick asked if information was sent out to residents in the area. Ms. Stomberg said yes, all residents within 350 feet and that is required by state statute. Chairperson Kondrick asked Lisa Rassmussen if she understood the stipulations. Lisa Rassmussen, Kimberly Horn and Associates, said she did understand the stipulations and had no problems with them. Commissioner Sielaff asked about the easement and if the cars use this as a park and ride would be encouraged to use the street with the signal on it. Ms. Rassmussen answered yes, the majority of the riders will use the light to get into the parking lot. Commissioner Sielaff asked if the traffic gets backed up on 61St '/2 Way if people could go to another intersection. Ms. Rassmussen said that traffic studies have been done and Anoka County is looking at redoing this intersection to mitigate any problems with the intersection. Ms. Stromberg said that people going southbound on East River Road would need to go to the signal to turn into the Northstar parking lot because of a median in the middle of East River Road so they will have to use the signal. Ms. Rassmussen said that the north end of the park and ride is a one way street so people can drive through there but not enter the residential areas. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:16 P.M. MOTION by Commissioner Sielaff to approve the consideration of a resolution for a Vacation, SAV #09-01, by Kimberly-horn and Associates, Inc., on behalf of the Anoka County Regional Railroad Authority, to vacate a portion of 61 '/2 Way to allow for the construction of the Northstar commuter rail station park and ride lot, generally located at 6151 East River Road NE. with the following stipulations: 1. Petitioner shall provide utility easements legal description within vacation area to be filed upon approval of the vacation request. 2. Petitioner shall provide north/south access easement legal description to be filed upon approval of the vacation request. Seconded by Commissioner Sibel. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 3. PUBLIC HEARING: Consideration of a Preliminary Plat PS #09-03, by the City of Fridley HRA, to create three new lots to allow for the construction of the Northstar commuter rail station site, generally located at 5990 Main Street NE. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sibel. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:21 P.M. Stacy Stromberg, City Planner, said that the petitioner, the City of Fridley's Housing and Redevelopment Authority (HRA) is seeking to replat the property located at the southwest corner of Main Street and 61St Avenue to create new lots and legal descriptions, which will allow the HRA to lease the land necessary for the Northstar Commuter Rail park and ride facility to the Metropolitan Council. Ms. Stromberg said that the City's HRA purchased the property necessary for the Northstar station on the east side of the BNSF rail line, after the Federal funding for the Northstar project came up short. The HRA will retain ownership of the site, but is entering in to a long term (200 year) lease agreement with the Metropolitan Council for the operation of the park and ride on the HRA property. In order to create the necessary legal documents for the agreements, and to provide the HRA with an opportunity to develop a portion of the site in the future, it is necessary to replat the property into the proposed preliminary plat layout, which is in your packet for your review. Ms. Stromberg said that Metro Transit will operate the 337 parking stall park and ride facility on Lot 2 and Lot 2A through the lease agreement with the HRA. The HRA is also responsible to provide adequate storm water ponding on the site, but due to the uncertainty of site's future layout, the HRA is providing an easement for the use of the pond found on the northern lot, which is Lot 3. Ms. Stromberg said that the reason the development has Lots 1 and 2, split into 21ots, is because some of the land to be replatted is Torrens property while other portions of it are Abstract. Anoka County doesn't allow the combination of these different types of property without first getting a Registration ofLand Titles by District Court Order, which can be a lengthy process. As a result, the HRA has chosen to plat the land as proposed in the attached preliminary plat. Ms. Stromberg said that the lots involved in the proposed replat are zoned P, Public Facilities and as a result are in compliance with all code requirements. City Staff recommends approval of the replat request. Chairperson Kondrick asked if development may occur in the future. Ms. Stromberg said yes that is possible. Commissioner Sibel asked if this was going to be an unmanned station. Ms. Stromberg said that is correct, no one will be there. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:26 P.M. MOTION by Commissioner Oquist to approve the consideration of a Preliminary Plat PS #09- 03, by the City of Fridley HRA, to create three new lots to allow for the construction of the Northstar commuter rail station site, generally located at 5990 Main Street NE. Seconded by Commissioner Sielaff. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY OTHER BUSINESS: Stacy Stromberg, City Planner, said that the August 5, 2009 meeting has been cancelled ADJOURN MOTION by Commissioner Sibel to Adjourn. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:30 P.M. Respectfully submitted, Krista Monsrud, Recording Secretary