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PL 09/16/2009 - 29946PLANNING COMMISSION MEETING September 16, 2009 Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m. MEMBERS PRESENT: MEMBERS ABSENT Dean Saba, Jack Velin, Marcy Sibell, David Kondrick, and Brad Sielaff Leroy Oquist and Brad Dunham OTHERS PRESENT: Stacy Stromberg, City Planner Scott Hickok, Community Development Director Rachel Harris, Environmental Planner Chris Clos, A-ABCO Auto Parts Chad Lemmons, Kelly & Lemmons Brian McCool, Fredrikson & Byron Matt Armbruster, 7645 Baker Street (LAI Midwest) Clayton Randall, 7421 Commerce Lane (Larsen's Mfg) Sherrie Hanson, CSM Properties John Ferrier, CSM Properties Mike Patron, 490 Northco Drive (Kwikfile LLC) Ron Bornetun, 494 Northco Drive (Carter Day Inc.) Approval of Minutes: August 19, 2009 MOTION by Commissioner Saba to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Special Use Permit, SP #09-12, by A-Abco Auto Parts, to allow an auto recycling center in an M-1 Zoning District, generally located at 7360 Central Avenue NE. MOTION by Commissioner Sibell to open the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:03 P.M. Rachel Harris, Environmental Planner stated the petitioner, the City of Fridley, on behalf of Harry Haluptzok and Derek Haluptzok of AABCO Fridley Auto Parts, 7360 Central Avenue NE, is seeking a special use permit to allow an automobile recycling center in an M-1 Zoning District. 1 Ms. Harris stated the special use permit will allow the business use to be brought into compliance with the zoning code. The petitioner is requesting a special use permit to allow continuance of the auto recycling center. Ms. Harris stated M-1, Light Industrial zoning allows this use with a special use permit, provided requirements pertaining to drainage, pollution control, parking, screening, and annual license are met. Ms. Harris stated the lot was platted in 1946. An early 1950's aerial photography shows a large portion of the site is undeveloped. In 1950 the City's records show the first building permit was issued for a one-story 720 square foot concrete block garage. A portion of the property was beginning to be developed. In 1953 a building permit issued for 3,200 square feet metal building for a storage warehouse. Subsequent years showed further development of the property with the most intensive expansion occurring in the 1970's, based on the number of building permits issued. Ms. Harris stated today there are approximately 5,300 square feet dedicated to storage warehouse buildings and 1,520 square feet of office space. Each addition constituted a geographic expansion of use. When a business expands its use, it must be in compliance with current zoning code requirements. Ms. Harris stated in 1949 the City of Fridley (then, the Village of Fridley) adopted a zoning law that required a special use permit for junkyards. In 1955 the City's zoning law changed to add an M-1 Zoning District and disallow junkyards unless completely contained in a building or obscured from view by fence. In 1969 zoning law revised to allow junkyards in M-1 Districts with an approved Special Use Permit. This reflects today's requirement. Ms. Harris stated staff has been working on bringing the site into compliance. In June 2007 the business owner filed a suit against the City contesting the need for a SUP. By September 2008 both parties had agreed to dismiss the case and work together on a special use permit. Staff awaited further contact from the property owner. When that did not occur, staff contacted the owners in early 2009 to proceed with the Special Use Permit application. Ms. Harris stated in February 2009, staff and the A-Abco Fridley Auto Parts manager, Chris Clos, discussed similar-use special use permit stipulations of nearby auto recycling centers and also a timeline for completion of the stipulations. Ms. Harris stated in August 2009, after hearing no response from the property or business owner, staff initiated an application for a special use permit for junkyards in an M-1 Light Industrial zoning district on behalf of the owners to bring them into compliance. Ms. Harris stated City Code M-1, Section 205.17.1.C.(8) allows junkyards with a special use permit, provided they meet requirements for drainage, pollution control, parking, screening, business licensing, facilities and scope. With the two neighboring junkyards already undertaking compliance of special use permitting in the M-1 Light Industrial zoning district, A-Abco Fridley Auto Parts also needs to comply. Staff does work to ensure that each business is treated equally 2 compared with similar businesses that are engaged in the same type of use and in similar circumstances. Ms. Harris stated there was a fence variance issued for A-Abco Fridley Auto Parts. They did receive a 2-foot variance to the 8-foot height maximum. In the fall 2008 the property owner had reduced storage height to match fence height. It still does not comply with the requirement to reduce the height of racking to 2 feet below the fence height. When Ms. Harris was preparing the report she had thought they did not comply with requirements to reduce the height of the rack to 2 feet below the fence height, but since she issued the report she found out that they have complied with that. Ms. Harris stated a minimum of nine parking stalls are required by Code and have been provided, however, additional parking needs remain. Staff has observed and neighboring businesses complained that A-Abco Fridley Auto Parts employees and customers are parking on the street. Code Section 205.18.S.D.(7) requires that off-street parking shall be provided for all vehicles concerned with any use on the lot. Ms. Harris stated the property does not meet the fence location requirements. The fence will need to be located entirely on the property so as to be off the public right-of-way. Ms. Harris stated City staff has heard from a neighboring property owner, Mr. Determine of Determine Brownie, who questioned the future use of the site. In speaking with him, staff indicated that landowner continues to operate as a junkyard or auto recycling center. Mr. Determine was satisfied with the answer. Ms. Harris stated City Staff recommends approval of this special use permit with stipulations and timeline. An automobile recycling center is permitted as a special use in the M-1 Light Industrial zoning district, subject to stipulations. Ms. Harris stated stipulations and timelines are to be completed with a projection that all will be completed by March 14, 201 L If a decision for approval is rendered by the City, staff recommends the following stipulations be attached: 1. Keep gate closed except for entering and exiting to provide screening. (immediately) 2. No tow truck deliveries in public right-of-way. (immediately) 3. Provide scalable survey and site plan, including a parking analysis and parking plan that meets the needs of the business. (year 1) 4. Obtain approval of a grading and drainage plan from Rice Creek Watershed District. (year 1) 5. Obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. (year 1) 6. Reduce storage racking height to 2 feet below fence height so that no items stored above the height of the screening fence. (year 1) 7. Remove or move any structures or fencing which do not meet setback requirements within code-required setbacks. (year 2) 8. Obtain all necessary building permits prior to construction or demolition. (year 2) 9. Complete Drainage Plan, including code requirements, curbing/paving installation setbacks. (year 2) 10. Final landscape plan to be reviewed and approved by City staff prior to issuance of land alteration permit. (year 2) 11. File a storm pond maintenance agreement prior to receiving issuance of land alteration permit. (year 2) 12. Obtain City Engineering staff review and approval of final grading and drainage plan prior to issuance of permits. (year 2) 13. Meet all building and fire code requirements. (year 2) 14. Obtain any required NPDES Permit and provide NURP ponding for entire site. (year 2) 15. Create additional employee and customer parking areas on-site so that no customer/employee parking is occurring on the public streets, including code-required handicap accessible parking. (year 2) 16. Install and maintain irrigation on south and east side of lot. (year 3) Ms. Harris stated Stipulation Nos. 1 and 2 have been completed. Ms. Harris stated the application for Special Use Permit is scheduled to be reviewed before the City Council on September 28, 2009. Commissioner Saba stated Item No. 15 is kind of ambiguous. He asked how many additional parking spaces do we need? Has this been discussed with the applicant? Ms. Harris replied that relies in part on the amount of employees that work at the site. Possibly a parking plan would need to be undertaken by the property owner so that they can ensure all of their employee needs are met in terms of having adequate space on the site to park. Commissioner Saba asked whether that should be restated, something like requiring a plan of some kind? Rather than the ambiguity that is there? Scott Hickok, Community Development Director, stated he is right. That could be more definitive. Though the Code requirements for parking by ratio have been met, from past cases the Council ultimately is able to require additional parking if it looks like they are not meeting their parking demands. It would be directly related to the number of stalls they would need to keep their employees' and customers' vehicles on-site and fully self-contained so they are not spilling out onto the street. They would need to work with the developer to determine exactly what those needs would be. As far as the stipulation goes, the words should be stated that, "a plan shall be submitted for parking and approved by staff prior to issuance of any other permits for this project." Commissioner Sibell stated regarding Stipulation No. 5, the approvals to operate, making sure the necessary approvals are obtained from the governmental authority within one year. The business is currently operating. She asked why would we need a one year timeline? Would those not already be in place? That also dovetails into Stipulation No. 14, as far as the NPDES permit, if they are already operating, would those not already exist and why would we wait for two years on that particular line item? Ms. Harris replied that is correct that the business is already operating. Those are portions of their outside storage area that are not presently paved, and they do need to pave those areas. Also, they need to add adequate ponding to the site. It is with those future actions in mind that staff has written the language about acquiring the appropriate permits. 0 Commissioner Velin commented on Stipulation No. 1, keep the gate closed except for entering and exiting to provide screening. People drive down 73rd '/2 which is a little street and maybe used for a shortcut. Every time they have something to haul in, they have to have someone open up the gate. He does not think they should do that to the applicant and does not think it is right. Keep the gate closed, fine, but not during business hours. Ms. Harris replied the business is located on 73rd '/2 and Central Avenue and across the street from the business on Central there are duplexes and those actually face the gate that has been periodically left open. To screen the site from residential area, the City had requested that action. She would like to reiterate that stipulation has been met, and she issued the report last week. Chairperson Kondrick stated he drove by the site recently, and the gate was closed during business hours. Mr. Hickok stated remember also that we seek to be very consistent with what we are asking other industries as well. This is a stipulation that they have seen before and will see again. It is for those areas that have special use permits. As they know typically there are mitigating factors about special use permits that need to be considered to make them co-exist with what surrounds them. This is not an unusual stipulation at all. Chairperson Kondrick asked Mr. Clos whether he had any questions or anything additional to offer regarding the presentation? Chris Clos, A-Abco Fridley Auto Parts manager, said 90 percent of it they have already come to an agreement on. Although there are some things added since the last time they talked so he does have some questions. Regarding the cease tow truck deliveries in the public right-of-way - they have never done that; however, today Ms. Harris explained to him that she put that in there for the neighbors, etc. When he read the word "cease" he came to the conclusion the City thought they were doing that. Mr. Clos stated regarding the "removal and moving all structures or fence that do not meet setback requirements," that one is pretty big and is really on his mind. On the south side of their salvage yard in the outdoor storage area, they have a long building. They had talked earlier in the year and agreed that building should just come down, it is too close to the fence, the fence needs to be moved in, he has no problem with that. They are already halfway done with it. It is the other side of the yard. He has what is called a secondary containment area where they put their crusher, anything that could possibly leak oiL It is a curved-in cemented, 16-inch thick cement, holding pond basically for any kind of oils. If the oils spill in there they get pumped back into the building where they go through an oil separator. Above that, and this is Anoka County that asked them to do this eight to ten years ago, is they have a lean-to above it so water does not rain into it and overflow it. That lean-to is right next to the fence where this whole secondary containment is, and he does not understand what is he really supposed to do. The thing is 81-feet long, 12-feet wide, 16-inches thick cement. Mr. Clos also stated if you look in the back of their yard, they have racking that is against the fence. Technically that is a structure. If he takes picks up these racks that have millions of auto parts categorized, he would have to basically lose all of that storage all the way around his fence where his racking is if he has to set it back three feet. There must be some kind of variance or something they can do about the racking as long as it is under the fence? Mr. Clos also referred to Stipulation No. 13, where it says "meet all building and fire code requirements" he is not concerned that he does not want to meet them. He is more concerned about what requirements are they talking about. The building was built in 1946. Does he have to put sprinkler systems in the building? The building is so old, if he has to do too much, he might be better off tearing the whole thing down. Meeting all codes that were required when the building was built makes perfect sense, but to meet codes for 2009 on that old of a building, financially that might not be feasible. Mr. Clos stated those are really his only concerns, all the other stuff he has been trying to fix and bring up to code. He does not have any problems following any rules the City has and the other salvage yards have. That has never been an issue. Chairperson Kondrick asked so it is just those three things that bother him the most? Mr. Clos replied, yes, and he is just more worried about saying, yes, he agrees to everything and not be able to do something. Because then it just looks like he is trying to fight the system and that is not what he is there to do. Mr. Hickok stated this will serve as the record that will help solidify what the intent was here, and Mr. Clo is right, there is not meant to be any surprises in this record at all and to take them beyond their discussion before. Regarding the first concern, cease tow truck deliveries in the public right-of-way. He thanks Mr. Clos for not doing that and here again they are trying to be consistent with two other yards where this has been a stipulation, and he can see where that would hit him wrong because, if they were not doing it, the word "cease" would make it look like they had been and they have not. They are just matching the words that were in two other special use permits. Mr. Hickok stated, regarding Stipulation No. 7, where they talk about removing any structures, Mr. Clos is absolutely right. He has a structure on the north side of his property. It has had EPA review, County review, it has City Fire Marshall review; and they had agreed when they were on- site that it needs to have a roof over it and it has a very large concrete containment area on the ground. No such thing in moving that. We all concede and this record should show that is not going to be required to be pulled into any sort of setback standard. That can exist where it is and consider it preexisting, non-conforming, and it is inside the property line. This stipulation is not meant to state that needs to be moved in. They would be glad to entertain that amendment that would clarify that and to say "but for that containment area, roofed structure, on the north portion of this site." Mr. Hickok stated as far as the structure on the racking, the use of the word, "structure" can lead to some confusion and ambiguity. They are talking about the structures that the building code would recognize and require permits for, and the racking system is not one of those. The racking system can be in the location that it is in and would not require setbacks but for the one that Mr. Close mentioned on the south side that we have all concurred. It has a roof on it and starts to become a structure when it is roofed. It has sidewall that also serves as a screening wall on the south end. That racking system can stay up; however, it needs to be moved in and the roof would need to come down or it would be considered a structure. If it is going to stay roofed, then it needs to meet a setback. If it is going to be a racking system inside the fence, which he understood it was going to be, then it can be right up to the fence. Chairperson Kondrick asked Mr. Clos why does it have to have a roof on it, are their part that they need kept out of moisture? � Mr. Clos replied, the electrical parts, yes, which he is fine with as they have a building in Spring Lake so he is just going to take the whole building down and they will just put up racking. He is more than happy to do that. It is kind of an eyesore anyways. Mr. Hickok stated regarding Mr. Clos' comment about the fire code and building code requirements, like any other project the City is not asking them to go back and meet any pre- requirements or post-requirements. We need to live by the standard by which the building was built. This stipulation was not meant to say go in and sprinkle the building now. What it was meant to do is to say that if there is going to be a modification, for example, that area that even the Fire Marshall approved of where the tank/tub is, if something were to happen to that where they were to move that, this stipulation says future stuff would need to make fire code requirements. It is not meant to go backwards not in our ordinances, nor would we attempt to do that with a special use permit. Chairperson Kondrick stated to Mr. Clos we are interested in making sure nobody gets hurt at his site and nothing such as injuries happen that can be prevented. Mr. Clos replied he understands the important of them. A lot of things have already been done before. He just does not want to get too far out there. Commissioner Sielaff asked Mr. Clos if there was any particular reason why he did not want to do this from the beginning? Mr. Clos replied, yes, his main concern honestly is and this is just how they see it, they have never really been welcome in Fridley as a salvage yard. Not just his business but all the businesses. So his main worry here is when they agreed to get on a special use permit, it is just every year more and more is added until we are to the point where they cannot operate. That is really their only concern. They are not concerned about doing anything that they need to do for the environment. For 20 years he has made sure they are not wrecking the environment. They paved their yard before anybody even asked them to do so or before any other yard paved. However, what he is worried about is every year something else is added and pretty soon it is just too hard to operate in Fridley. When he got his special use permit in Spring Lake Park, it was cut and dry, this is what you need to do and it is never going to change. Just do this. He signed it and did it within three months. It always seems like they are never really clear what they are going to have to do in Fridley. Even when he got this letter last week, it is like three or four more things are added on. Chairperson Kondrick asked Mr. Clos about a few stipulations that have timeline. - they either have to be done right now or within a year or within two years, etc. He has seen those. Does he have any problem with those timelines? They are going to be insisting that those timelines be met. Mr. Clos replied the only one that he sees that may become a problem is lowering all the racks to 10 feet. There are so many parts out there. He agreed to move that one building this year and he has tried, but there are so many parts in there while they are operating a business that he is only halfway done. He has hired two extra guys just to finish moving this building so he could get done before snow. He is worried within two years he will not have every rack down to 10 feet. He was hoping they could come to an agreement where, by the end of the third year, every rack is down. He thinks there are a total of 8 racks that have to go down to 10 feet. He was hoping they 7 could do like 2 or 3 racks a year, instead of all of them down in 2 years because honestly he cannot look them in the eyes and say he can get done for sure. There are just so many parts there. Commissioner Sielaff asked what was the basis for two years? Chairperson Kondrick stated it says one year now. Mr. Hickok stated once again they try and be consistent with the other yards. We started this process back five years ago. The other yards engaged in the process, and their timeframe then became a five-year timeframe. They are still working on a five-year timeframe here. This is the amount of time left in a five-year timeframe. Again they are being consistent with other yards. Had they started long ago, they would have been able to have a little more time to do this. However, understanding, again, they are trying to be consistent. If they said, okay, five years start now. We really started three years, almost four years ago on this. Some of these things are one year to completion. Some of these two years to completion. The furthest thing out is three years to completion. Again trying to be reasonable with the business owner, not trying to put too heavy of a burden on a business owner, but at the same time trying to be consistent with other business that got five years to do it. By virtue of quibbling over a special use permit was required or not, it ate up some time. Now we are talking about doing it in less time frankly. Mr. Clos stated if you were to tour all three businesses, if comparing his business to Sam's and Central, his business has about 100 times more inventory than the other two. They may be able to take down some racks and move some parts fairly quick. However, in the total Twin Cities area, they have the most inventory of any salvage yard. It is not like he is just going to move a hundred parts. They are talking millions of parts. He cannot just take them off a rack. He has to take them off the rack, take them out of the computer, put them in a new location, and put them back into the computer so they all know where they are at. It is pretty intense. It is not like Sam's or Central. They do not have any inventory outside. It is not like he does not want to do it. He has hired two extra guys to help, he is hiring a third one, and that is all they are going to do is just move parts. Mr. Hickok stated they would certainly entertain, if the Commission felt so compelled, to structure a timeline they would be comfortable with and make that part of their recommendation. Again trying to be reasonable and understanding that there are nuances to each of these industries. Chairperson Kondrick stated he would like to cut Mr. Clos some slack, but he can see you give a guy some rope and he yanks more and more. Quite frankly he wants the buck to stop here and does not want it to go on for a long time. He suggested as part of this stipulation, he gets together with City staff and work out a plan that is speedy. They are going to insist on speed here. Mr. Clos replied, okay. Commissioner Velin stated he understands that Mr. Clos has a building that he is going to be tearing down. Mr. Clos replied, yes, on the south side of their fence. Commissioner Velin asked then would he be able to put some racking in that spot? Mr. Clos replied, that is his plan. He is going to take that building down. He is moving the parts to his Spring Lake Park location, and he is going to put up some racks. These racks that are too tall, he will take those parts that are too high and put them in that spot and cut the racks. Commissioner Velin stated so then he will be below the fence. Mr. Clos replied, correct. And he has no problem. He just does not think it is feasible to do in a year. He does not want to tell them, yes, he will do this and not succeed and think that he is stalling. Chad Lemmons, Attorney for A-Abco Fridley Auto Parts, stated Mr. Clos handled everything that he was concerned about but he makes two suggestions. Regarding the racks. Maybe they should just simply do a written phase as to the reduction in size. He and Mr. Clos talked about that this afternoon. They simply draw up a map and indicate which racks will be lowered during each year so everyone agrees as to how it is going to be done. Chairperson Kondrick stated once Mr. Clos gets a hold of City staff, he is sure those kind of arrangements can be thought out, planned, organized, and accomplished in due order. Attorney Lemmons stated he understands this will be before the City Council on the 24t''. Some of these issues probably will not be dealt with by then. He asked if an arrangement can be made in the resolution approving the special use permit that we will negotiate these things in the future? Mr. Hickok replied the item moves onto Council on their September 28 calendar. Just so he is clear, he asked attorney Lemmons whether he was talking about refining the language in the stipulations so they are okay by the time this item gets to Council? Attorney Lemmons replied, exactly right. Mr. Hickok stated he thinks what they can do is the Commission, as a regular practice, will forward their recommendation this evening. That language may hit pretty close to where they want to ga If there is modification to that, that would be a good point to make in the record on the 28t''. In order to keep us on our 60-day schedule, he thinks they should stay close, but they can certainly, starting tomorrow, work out language that they can present. Attorney Lemmons stated one of the things they did not anticipate was the parking issue for employees. So he would develop a plan for that. They have been working on this settlement for one and one-half years. This is one thing they had not heard about before is the parking issue for the employees. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Sibell. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:43 P.M. Chairperson Kondrick stated the list of 16 stipulations as he has in his agenda has been modified four or five times. He asked if they are okay to go ahead with them as they are or do they need to have some changes? � Commissioner Saba replied, on No. 6, they need to have a plan. The City and petitioner need to get together and set up a time schedule regarding the storage racking. The other thing would be regarding No. 15, they have to come up with a plan for parking. He thinks those are the two items. Commissioner Velin asked about No. 7, containment structures. Mr. Hickok replied he thinks that clarification on the record was essential there. Unless the Commission would like to add language there, the record should show this is not meant to imply that structure on the north side which has already been approved and considered pre-existing, non-conforming. Mr. Hickok stated as far as No. 6 goes, the parenthetical that says, "(one year)," if the Commission felt so compelled what might work here is, "scheduled to be worked out between City, staff, and property owner prior to Council meeting on September 28." For that final stipulation, something similar to that parenthetical where there is a schedule to be worked out. We are talking about the schedule to be worked out between now and the time of the Council meeting. He really liked attorney Lemmons' suggestion in having kind of an illustrative way in describing how we make those improvements and what segment gets done in what time period. Excellent idea. That part does not have to be done before we go to Council; however, put in that parenthetical we are going to work out the timeframes instead. Chairperson Kondrick asked for a motion to accept this SUP or reject it and stated he does not have a problem with it himself with all the stipulations. He thinks Mr. Clos understands the City is not going to wait forever with this. We have been patient enough, we have to get it going, and insist on certain timelines. Commissioner Saba stated he does not have any problems. Modifications have been made to the stipulations and working it out with the staff in terms of a timeline that is scheduled is a good idea. Commissioner Sibell stated it is reasonable and she agreed. MOTION by Commissioner Velin approving a Special Use Permit, SP #09-12, by A-Abco Auto Parts, to allow an auto recycling center in an M-1 Zoning District, generally located at 7360 Central Avenue NE with the following Stipulations: 1. Keep gate closed except for entering and exiting to provide screening. (immediately) 2. No tow truck deliveries in public right-of-way. (immediately) 3. Provide scalable survey and site plan, including a parking analysis and parking plan that meets the needs of the business. (year 1) 4. Obtain approval of a grading and drainage plan from Rice Creek Watershed District. (year 1) 5. Obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. (year 1) 6. Reduce storage racking height to 2 feet below fence height so that no items stored above the height of the screening fence. (Schedule to be worked out between City, staff, and property owner prior to Council meeting on September 28) 10 7. Remove or move any structures or fencing which do not meet setback requirements within code-required setbacks, but for that containment area, roofed structure, on the north portion of this site. (year 2) 8. Obtain all necessary building permits prior to construction or demolition. (year 2) 9. Complete Drainage Plan, including code requirements, curbing/paving installation setbacks. (year 2) 10. Final landscape plan to be reviewed and approved by City staff prior to issuance of land alteration permit. (year 2) 11. File a storm pond maintenance agreement prior to receiving issuance of land alteration permit. (year 2) 12. Obtain City Engineering staff review and approval of final grading and drainage plan prior to issuance of permits. (year 2) 13. Meet all building and fire code requirements. (year 2) 14. Obtain any required NPDES Permit and provide NURP ponding for entire site. (year 2) 15. Create additional employee and customer parking areas on-site so that no customer/employee parking is occurring on the public streets, including code-required handicap accessible parking. (year 2) 16. Install and maintain irrigation on south and east side of lot. (year 3) Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Consideration of a Special Use Permit, SP #09-05, by LAI Midwest Inc., to allow limited outdoor storage, generally located at 7645 Baker Street NE. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:49 P.M. Ms. Stromberg stated the petitioner, Mark Armbruster, on behalf of LAI Midwest Inc., is seeking a special use permit to allow limited outdoor storage within two areas of the rear yard of their property which is located at 7645 Baker Street. Ms. Stromberg stated the petitioner would like to store raw materials, reclamation items, pallets, and miscellaneous equipment required for the waterjet manufacturing business within two storage areas in the rear yard of the property. Ms. Stromberg stated the property is zoned M-1, Light Industrial, as are the properties to the north, east, and south. The property to the west is zoned P, Public, and is Woodcrest Elementary School. There is also commercially-zoned property to the east, which is the VFW. The property was originally developed with the construction of a building in 1968. Several additions have since been constructed to the building. Ms. Stromberg stated one of the Community Development staff discovered the improper outdoor storage on this site in March of 2009. A letter was sent to the owners of the property 11 explaining that they needed a special use permit to have outdoor storage on their site. As a result the petitioner has applied for this special use permit. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50 percent of the building footprint with a special use permit. The building's square footage is 21,792 square feet, so City code would allow up to 10,896 square feet of outdoor storage on this site. The petitioner is proposing to have outdoor storage in two areas within the rear yard of the lot. One area is directly behind the building and is approximately 2,900 square feet in size. The other area is along the eastern edge of the property and is approximately 1,380 square feet in size. Both areas combined are 4,280 square feet, which is within the allowable outdoor storage space allowed for this property. Ms. Stromberg stated before the special use permit can be issued, nine additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the petitioner, City Code would require 57 parking stalls for the site. The site currently has 57 parking stalls so it meets code requirements. However, the petitioner plans to use 6 parking stalls on the east side of the lot for one of the outdoor storage areas. The petitioner has provided a spreadsheet to staff that demonstrates that the business currently has 41 total employees that work three shifts. The petitioner has stated that their business rarely has customers that actually come to the site. As a result of the information provided by the petitioner, 51 parking stalls after 6 are used for the outdoor storage area is adequate. The petitioner has stated that they are willing to proof parking stalls in the existing green area on the southeast side of the site, in the event that there is ever a need for additional parking stalls. Staff feels that this is an acceptable solution. Ms. Stromberg stated the petitioner plans to install a screening material along the eastern and southern chain link fence to screen the outdoor storage areas from neighboring properties. A wood privacy fence already exists along the northern property line. The petitioner has also situated the outdoor storage areas within the rear yard, so it will not be visible from the public right-of-way. The petitioner is meeting or exceeding all of the other code requirements for limited outdoor storage. Ms. Stromberg stated City Staff recommends approval of this special use permit with stipulations as limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached: 1. No outdoor storage other than the proposed outdoor storage areas shall exist on the site without an additional special use permit being approved. 2. The petitioner shall receive approval from the Fire Marshal for the items that are stored outside within close proximity to the building. 3. Only materials related to the business located at this address shall be stored in the approved areas. 4. The petitioner shall obtain an easement or fee ownership of the land that is underlying the parking area within 12 months of issuance of this special use permit. Chairperson Kondrick asked the petitioner if he has any problem with the stipulations? 12 Mark Armbruster, LAI Midwest Inc., replied, not at all. Chairperson Kondrick asked what kind of material is he using to screen the outdoor storage? Mr. Armbruster replied it is a screening material that is made out of plastic that is breathable so wind can pass through it, but it blocks visibility up to 95 percent. Sometimes you will see it on tennis courts. That way they do not have to put up a new fence. It is probably the most cost- effective solution for them for screening. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 7:53 P.M. Chairperson Kondrick stated he does not have any problem with this. They have plenty of room for parking there and have room if they need to increase it but it does not seem that they'll have to. MOTION by Commissioner Saba approving Special Use Permit, SP #09-05, by LAI Midwest Inc., to allow limited outdoor storage, generally located at 7645 Baker Street NE with the following stipulations: 1. No outdoor storage other than the proposed outdoor storage areas shall exist on the site without an additional special use permit being approved. 2. The petitioner shall receive approval from the Fire Marshal for the items that are stored outside within close proximity to the building. 3. Only materials related to the business located at this address shall be stored in the approved areas. 4. The petitioner shall obtain an easement or fee ownership of the land that is underlying the parking area within 12 months of issuance of this special use permit. Seconded by Commissioner Sielaff. Consideration of a Special Use Permit, SP #09-10, by Larsen's Mfg. Co., to allow limited outdoor storage, generally located at 7421 Commerce Lane NE. MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 7:58 P.M. Ms. Stromberg stated the petitioner, Clayton Randall, on behalf of Larsen's Manufacturing, is seeking a special use permit to allow limited outdoor storage in the rear yard of the property located at 7421 Commerce Lane. The outdoor storage will consist of two areas, enclosed with a screening fence for pallet storage. Ms. Stromberg stated the property is zoned M-1, Light Industrial as are the properties to the north and south. The property to the west is zoned M-2, Heavy Industrial; and the property to the east is zoned G2, General Business. The subject property is located on Commerce Lane, south 13 of Osborne Road. The property was originally developed in 1968. Several additions have been constructed to the original building since it was constructed in 1968. Ms. Stromberg stated as some of the Commissioner's may be aware, this summer the City's Community Development department did hire a Code Enforcement Intern to do systematic inspections of our commercial and industrial properties. As a result many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is one of those that came to staff's attention during those systematic inspections. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50 percent of the building footprint with a special use permit. The building's square footage is 29,945 square feet, so City Code would allow up to 14,973 square feet of outdoor storage on this site. The petitioner is requesting to have pallet storage in two locations within the rear yard of the property. One is 25 feet by 27 feet (675 square feet in size) and the other is 6 feet by 65 feet (390 square feet) in size. Both areas combined are 1,065 square feet, which is well within what code requirements would allow on this site. Ms. Stromberg stated before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the petitioner, 60 parking stalls are required for this site. There are 61 parking stalls on the site, which meets City code requirements. Ms. Stromberg stated the petitioner plans to have two designated outdoor storage areas behind the existing building for pallet storage. The pallets need to be stored for daily use, to be reused, recycled or disposed of based on accumulation. The outdoor storage area is screened with existing screening fences and gates. Ms. Stromberg stated City staff has not heard from any neighboring property owners. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached. 1. No outdoor storage other than the proposed two designed areas shall exist on the site without an additional special use permit being approved. 2. Only materials related to the business located at this address shall be stored in the approved areas. Chairperson Kondrick asked Mr. Randall whether he has any problems with the stipulations? Clayton Randall, Larsen's Manufacturing, replied, no. Chairperson Kondrick asked what happens if some kids threw something flammable back in the area of the pallets and start a fire? 14 Mr. Randall replied it is a concrete building. Chairperson Kondrick asked so it is not a concern? Mr. Randall replied, no. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:04 P.M. Chairperson Kondrick stated he did not have any problem with this. MOTION by Commissioner Velin approving Special Use Permit, SP #09-10, by Larsen's Mfg. Co., to allow limited outdoor storage, generally located at 7421 Commerce Lane NE with the following Stipulations: 1. No outdoor storage other than the proposed two designed areas shall exist on the site without an additional special use permit being approved. 2. Only materials related to the business located at this address shall be stored in the approved areas. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Consideration of a Special Use Permit, SP #09-16, by CSM Properties, Inc., to allow limited outdoor storage, generally located at 500 — 73"d Avenue NE. MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Sibell. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 8:06 P.M. Ms. Stromberg stated the petitioner, Sherri Hanson, on behalf of CSM Properties, Inc, is seeking a special use permit to allow limited outdoor storage of storage trailers, equipment and metal fixtures on their property which is located at 500 - 73rd Avenue. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the south, west and east. Residential is to the north across 73rd Ave. This business is accessed off of Northco Drive, south of 73rd Ave and east of University Ave. The property was originally developed as a research and development building and manufacturing facility in 1968. An office building was constructed in 1973 (which is now 500 Northco Drive). Numerous building additions have been made since 1968. In 2000 the property was replatted to allow new industrial development. Carter Day has occupied the research and development building at 502 Northco Drive since 1970 and the office building since 1973. Ms. Stromberg stated that some of the Commissioner's may be aware, this summer the City's Community Development department hired a Code Enforcement Intern to do systematic 15 inspections of our commercial and industrial properties. As a result, many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is one of those that came to staff's attention during those systematic inspections. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50 percent of the building footprint with a special use permit. The building's square footage is 36,464 square feet, so City Code would essentially allow up to 18,232 square feet of outdoor storage on this site. The petitioner is requesting to store 3,466 square feet, which is well below the allowable outdoor storage area. Ms. Stromberg stated before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the petitioner, parking needs for this site are 145 parking stalls. The petitioner has stated that they have 167 parking stalls. Therefore, the petitioner meets the code-required number of stalls. There has never been any evidence of a parking shortage at this business location. Another 100 parking stalls are available as a result of an agreement with the adjacent land owner (Target Distribution Center), provided it is not needed to support the 490/494 building. Ms. Stromberg stated the petitioner has been using a fenced-in area between the research and development building and there are propane tanks for storage of inetal fixtures. Staff has talked with the Fire Marshal about this since they are in such close proximity to the propane tanks, and those tanks and materials are adequate to be stored there. The screening fence is a chain link fence with non-wooden privacy slats and is 6-feet tall. The proposed site plan meets all other code requirements for height and location. Ms. Stromberg stated since the area is already paved, no additional hard surface is required. City staff hasn't heard any concerns from neighboring property owners. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Fence shall be maintained per City Code screening standards. 2. No combustible materials may be placed within the storage area due to the location near the propane tanks, per Fire Code. 3. No outdoor storage other than the storage of items used by petitioner's tenants shall exist on the site. 4. Exterior storage is to be contained in enclosed area approved in site plan dated 8-14-09, If the storage area needs to be relocated or if additional storage space is needed for this facility, a new Special Use Permit will be required. Ms. Stromberg stated the date indicated in Stipulation No. 4 should be "8-14-09" instead of the date of 8-25-09 indicated in the Commission's packet. 16 Commissioner Sibell asked regarding the items being stored, do they contain any fluids or include any electrical components? John Ferrier, CSM Properties, Inc., replied and stated they read the report and agreed with its findings. As far as the liquid and what is stored in that area he referred to the tenants to talk about that. Ron Bornetun, Carter Day Company, stated they use the storage for their R& D facility that they actually bring customers to and run full-scale test runs of their product. They have a number of different machines they manufacture and those are stored outside in that storage area. There is no gas or liquids. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Sibell. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:16 P.M. Chairperson Kondrick stated he does not see anything wrong with this. Commissioner Saba stated, no, nothing at all. MOTION by Commissioner Saba approving Special Use Permit, SP #09-16, by CSM Properties, Inc., to allow limited outdoor storage, generally located at 500 — 73rd Avenue NE with the following Stipulations: 1. Fence shall be maintained per City Code screening standards. 2. No combustible materials may be placed within the storage area due to the location near the propane tanks, per Fire Code. 3. No outdoor storage other than the storage of items used by petitioner's tenants shall exist on the site. 4. Exterior storage is to be contained in enclosed area approved in site plan dated 8-14-09, If the storage area needs to be relocated or if additional storage space is needed for this facility, a new Special Use Permit will be required. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Consideration of a Special Use Permit, SP #09-16, by CSM Properties, Inc., to allow limited outdoor storage, generally located at 490-494 Northco Drive NE. MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner Sibell. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT 8:17 P.M. Ms. Stromberg stated the petitioner, Sherri Hanson, on behalf of CSM Properties, Inc, is seeking a special use permit to allow limited outdoor storage of storage trailers, lumber, metal fixtures, 17 equipment, and various recycling materials for two different businesses at six different locations on their property which is located at 490 Northco Drive. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the north, south, west and east. The City of Fridley Public Works Garage, and Locke Park which are zoned P, Public, are also to the south. The business is accessed off of Northco Drive, south of 73rd Ave and east of University Ave. The property was originally developed in 1968 as a manufacturing plant and research and development building. Several additions have been constructed to that original building since 1968. In 1996, the address was changed from 504 - 73rd Avenue to 490 and 494 Northco Drive. A variance was granted in 1998 to reduce the side yard setback from 20 feet to 5.4 feet to allow an existing loading dock to be enclosed. In 2000 the property was replatted to allow new industrial development. The manufacturing plant currently has two occupants with two addresses. Carter Day (494 Northco Drive) occupies the northern end of the building and has been there since 1970. Kwik File (490 Northco Drive) occupies the southern end, and has been there since 1987. Ms. Stromberg stated as some of the Commissioner's may be aware, this summer the City's Community Development department completed systematic inspections of all commercial and industrial properties. As a result, many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is one of those that came to staff's attention during those systematic inspections. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50 percent of the building footprint with a special use permit. The building's square footage is 189,668 square feet, so City Code would allow up to 94,834 square feet of outdoor storage on this site. The petitioner is requesting to store 38,747 square feet, which is well below the allowable outdoor storage area. It should be noted that although City Code would allow up to 94,834 square feet of outdoor storage on this site based on the square footage of the building, the site stills needs to comply with all other requirements, which are discussed below. So, it is unlikely that 94,834 square feet of outdoor storage could actually occur on this site. Ms. Stromberg stated before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the petitioner, parking needs for this site are 352 parking stalls. The petitioner has stated that they have 123 parking stalls. As a result they fall short of ineeting code requirements by 229 stalls. After meeting with representatives from both Carter Day and Kwik File, it was determined that Carter Day has 1 shift with a maximum number of employees of 115. Kwik File runs 2 shifts with a maximum of 55 employees there at one time. Between the 2 businesses a maximum of 170 employees would be there at a given time. Carter Day has a parking agreement with the Target Distribution Center to the east, giving them access to 100 more parking stalls. The 123 parking stalls on-site, plus the additional 100 stalls from the parking agreement, would be sufficient for the maximum number of employees for both businesses. Carter Day has been located here since 1970 and Kwik File since 1987. To staff's knowledge parking has never been an issue on this site. The outdoor storage areas, for the most part, already exist on the site and will not be taking any existing parking stalls. : Ms. Stromberg stated the petitioner plans to place the storage around the building in the southeast corner, southwest corner, the northern loading dock, the northeastern loading dock, and along a platform on the east side of the building. Materials to be stored will include storage trailers, lumber, metal fixtures, equipment currently not in service, used pallets waiting for pick- up, and used barrels waiting for pick-up. The outdoor storage areas will be screened using existing landscaping and five new 80 percent opaque fence sections. The storage area in the southeast will be screened by a combination of existing landscaping and a new fence. The storage areas at the southwest corner, northeast corner and eastern part of the building will be screened by new fencing. The storage area to the northwest is screened by existing landscaping. All of the storage areas will meet City Code requirements, screening the storage area from the public right-of-way to the north and south and Locke Park to the south. Ms. Stromberg stated all of the proposed outdoor storage areas are already paved with asphalt or concrete, so staff will not require storm water runoff calculations or additional paving for the storage locations. The proposed site plan meets all other code requirements. Ms. Stromberg stated City staff has not heard any concerns from any neighboring property owners. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. If the existing landscaping used for screening is removed or damaged for whatever reason, the lost screening shall be replaced. 2. Fence shall be constructed of attractive, permanent finished materials, compatible with the principle structure and follow screening standards per city code. 3. Storage locations shall only be accessed from the petitioners own property. 4. Petitioner shall obtain proper building permits per state building code. 5. Materials and equipment to be stored shall not exceed 12 feet in height. 6. No outdoor storage other than the storage of items used for petitioner's tenants shall exist on the site. 7. All storage materials shall meet Fire Code requirements. 8. Exterior storage is to be contained in areas approved in the site plan dated 8-14- 09. If the storage areas need to be relocated or if additional storage space is needed for this facility, a new Special Use Permit will be required. Chairperson Velin asked about Stipulation No. 2, is the fencing going to be different from the other special use permit? Ms. Stromberg replied this will be different because the petitioner will be adding fence sections here. On the last one, special use permit request, there was fence that already existed. Mr. Ferrier stated they have reviewed the staff report and agree with the stipulations. Commissioner Sibell asked whether the trailers are roadworthy? Mr. Bornetun replied, they have two trailers on the site. One is roadworthy that can be moved out, and the other one, the axle has been removed. 19 MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:26 P.M. Chairperson Kondrick stated, he does not have any problems with this request. MOTION by Commissioner Sielaff approving Special Use Permit, SP #09-16, by CSM Properties, Inc., to allow limited outdoor storage, generally located at 490-494 Northco Drive NE with the following Stipulations: 1. If the existing landscaping used for screening is removed or damaged for whatever reason, the lost screening shall be replaced. 2. Fence shall be constructed of attractive, permanent finished materials, compatible with the principle structure and follow screening standards per city code. 3. Storage locations shall only be accessed from the petitioners own property. 4. Petitioner shall obtain proper building permits per state building code. 5. Materials and equipment to be stored shall not exceed 12 feet in height. 6. No outdoor storage other than the storage of items used for petitioner's tenants shall exist on the site. 7. All storage materials shall meet Fire Code requirements. 8. Exterior storage is to be contained in areas approved in the site plan dated 8-14- 09. If the storage areas need to be relocated or if additional storage space is needed for this facility, a new Special Use Permit will be required. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Receive the Minutes of the August 12, 2009, Appeals Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Sibell. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Receive the Minutes of the August 6, 2009, Housing & Redevelopment Authority Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS Ms. Stromberg stated the Northstar kickoff event is going to be held on Saturday, November 14, at our station site. 20 Ms. Stromberg stated the Totino Grace and Kurt Manufacturing Special Use Permits were approved by the City Council on September 14, 2009 and the next Planning Commission meeting will be October 7, 2009. ADJOURN MOTION by Commission Sibell adjourning the meeting. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING ADJOURNED AT 8:35 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 21