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PL 11/18/2009 - 29949PLANNING COMMISSION MEETING November 18, 2009 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: Leroy Oquist, David Kondrick, Dean Saba, Jack Velin, Marcy Sibel, and Brad Sielaff MEMBERS ABSENT: Brad Dunham OTHERS PRESENT: Stacy Stromberg, Planner Scott Hickok, Community Development Director Larry Frandson, Kurt Manufacturing, Inc. Jim Winkels, Amcon Construction Mark Huss, Amcon Construction Steve Oltman, 7542 Sth Street, Fridley Dorothy Johnson, 340 Osborne Road, Fridley Choy Leon, Allina Bill Dunham, Allina Troy Voigt, Voigt Motor Coach, 1240 Osborne Road Jeannine Schlotman, Multi-Care Assoc. Rosemary Esler, North Suburban Hospital District Stephen Mann, Med. Oncology Rodney Lee, Premier Commercial Properties Scott Lepak, North Suburban Hospital District Roy Johnson, Allina Jon Namyst, Allina Approval of Minutes: October 21, 2009 MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Special Use Permit, SP #09-15, by Kurt Manufacturing, Inc., to allow limited outdoor storage on the property, generally located at 7585 Highway 65 NE. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sibel. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planner, stated the petitioner, Larry Frandson, on behalf of Kurt Manufacturing, is seeking a special use permit to allow limited outdoor storage of wire baskets and plastic pallets in the side or rear yard of the property located at 7585 Highway 65. Ms. Stromberg stated in 1997, the City of Fridley changed the zoning of the subject parcel and the parcel to the east from M-1, Light Industrial to M-4, Manufacturing Only. This rezoning also involved several other industrial parcels and was done to assure that the remaining industrial parcels in the City were preserved for manufacturing instead of warehousing. In doing this, the City would help protect surrounding neighborhoods and roadways from heavy truck traffic, which is common to industrial warehouse developments. Ms. Stromberg stated as a result, the property is zoned M-4, Heavy Industrial as is the parcel to the east, which is also owned by Kurt Manufacturing. There are commercial and industrially zoned properties to the north and commercial property (Friendly Chevrolet) to the south. Highway 65 borders the property to the west. It is located on Highway 65, south of Osborne Road. The property was originally developed with the construction of a manufacturing building in 1964. Several additions have been constructed to that original building since 1964. The property was also granted two variances. The first variance was granted in 1974, to reduce the rear yard setback from 25 feet to 13 feet and to reduce the hard surface setback from 5 feet to 0 feet. Granting this variance resulted in the construction of a building addition. A variance was also granted in 1995 to reduce the side yard setback from 15 feet. to 5 feet on the south side of the property, to allow for the construction of a shipping dock facility. That facility was then constructed in 1995. Ms. Stromberg stated as the Planning Commission is aware, this summer the City's Community Development department hired 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 81,865 square feet, so City code would allow up to 40,932 square feet of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located behind the existing propane tanks and is 560 square feet in size. The second area is in the rear yard, behind the existing building and is 1,944 square feet in size. Both areas combined are 2,504 square feet which is well below what code would allow for outdoor storage space on this site. Outdoor storage area No. 1 will be for storage of wire baskets and outdoor storage area No. 2 will allow for storage of wire baskets and plastic pallets. 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 required for this site is 204 parking stalls. The site currently has 138 parking stalls; however, the petitioner has room to proof the additional 66 parking stalls if the need for them is ever warranted. Staff is comfortable with this solution, because parking has never been an issue on this site and the site has adequate space to allow additional parking if it is ever needed. Ms. Stromberg stated the location of the proposed storage areas are hidden from the public right-of-way; therefore, meeting code requirements. The petitioner has recently installed privacy screening in their 2 existing south fence, to further screen the outdoor storage areas from neighboring properties. The proposed site plan meets all other code requirements. 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 as limited outdoor storage is a permitted special use in the M-4, Manufacturing Only 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. Storage trailer and any other existing outdoor storage on this site shall be removed within 30 days of issuance of this special use permit. 2. Outdoor storage area No. 2 shall need to be screened at which time the lot east of the subject property is developed, to ensure that it is not visible from the Central Avenue public right-of-way. 3. If a parking shortage occurs on the site, the petitioner shall install the designated proof of parking. 4. No outdoor storage other than the storage of items used by petitioner's business shall exist on the site. 5. No outdoor retail display shall take place on site. 6. The petitioner shall re-locate new accessible parking stall on turnaround to the east side of the turnaround, just south of the main walk entrance. 7. The petitioner shall revise curb and walk adjacent to the accessible parking spaces to surmountable curb type. Chairperson Kondrick asked Ms. Stromberg to explain Stipulation No. 6. further. Ms. Stromberg stated the petitioner is proposing to locate a new handicap-accessible stall on the west side of the turnaround where people would exit the site. What the City is asking them to do is relocate that handicap stall to the east side of the turnaround so the handicap person won't have to cross a drive aisle to get to the building. Commissioner Velin asked about the 30 days. Did we ever do that before? There was no time limit that he could recall. Ms. Stromberg stated the 30 days is related to the stipulation to remove any other existing outdoor storage they have on site. They have some storage trailers out in their parking lot, and staff has been working with them to get them. Commissioner Sibel asked about the storage, they cannot have a combination of trailers and storage? Ms. Stromberg replied they can have outdoor storage in the locations they are proposing. However, the trailers are in their parking lot and staff has had discussion with them about having them removed. Chairperson Kondrick asked Mr. Frandson whether he had any questions about the stipulations? Larry Frandson, Kurt Manufacturing, Inc., replied, no he did not. Chairperson Kondrick asked whether he had any objections to them? Mr. Frandson, replied, he did not. The last trailer should be out of there next week. Chairperson Kondrick asked, what about the turnaround? Mr. Frandson replied, they will take advantage of the nice weather to paint the other side of the curb. 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 UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:12 P.M. Chairperson Kondrick stated he has no problem with this. He has driven by there many times, and he thinks the stipulations are complete. MOTION by Commissioner Sielaff approving Special Use Permit, SP #09-15, by Kurt Manufacturing, Inc., to allow limited outdoor storage on the property, generally located at 7585 Highway 65 NE, with the following stipulations: 1. Storage trailer and any other existing outdoor storage on this site shall be removed within 30 days of issuance of this special use permit. 2. Outdoor storage area No. 2 shall need to be screened at which time the lot east of the subject property is developed, to ensure that it is not visible from the Central Avenue public right-of-way. 3. If a parking shortage occurs on the site, the petitioner shall install the designated proof of parking. 4. No outdoor storage other than the storage of items used by petitioner's business shall exist on the site. No outdoor retail display shall take place on site. The petitioner shall re-locate new accessible parking stall on turnaround to the east side of the turnaround, just south of the main walk entrance. The petitioner shall revise curb and walk adjacent to the accessible parking spaces to surmountable curb type. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Consideration of a Preliminary Plat, PS #09-05, by Premier FMC, LLC, on behalf of Unity Hospital, to replat the property to allow the creation of a new lot to allow for the construction of a new medical clinic/of�ce building, generally located at 500-550 Osborne Road NE. 3. Consideration of a Special Use Permit, SP #09-17, by Premier FMC, LLC, on behalf of Unity Hospital to allow for the construction of a medical clinic/of�ce building in an R-1, Single Family Zoning District, generally located at 500-550 Osborne Road. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sibel. 0 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:14 P.M. Ms. Stromberg stated the petitioner, Mr. Lee with Premier FMC, LLC who is representing Fridley Medical Center and Unity Hospital, is requesting a preliminary plat to create a new lot to allow the construction of a medical clinic/office on the Unity Hospital Campus. Ms. Stromberg stated a special use permit is also being sought to allow the construction of the freestanding medical clinic/office building in an R-1, Single Family zoning district, which will be located on the northwest side of the hospital property, at 500-550 Osborne Road. Ms. Stromberg stated the petitioner is proposing to construct a freestanding, two-story medical office building in the northwest corner of the Unity Hospital campus. The proposed building will be approximately 60,000 square feet in size. It is anticipated that this 60,000 square feet building will primarily be occupied by Fridley Medical Center and Virginia Piper Cancer Center. Ms. Stromberg stated as most of them may recall, Unity Hospital was granted a special use permit in October of 2008 to allow for the construction of a freestanding one-story building attached to the hospital for the Virginia Piper Cancer Center. Unity Hospital continues to see that expansion as a very positive move for the hospital, Allina, their physicians, the City, and the surrounding communities. However, Unity Hospital feels that this new, unanticipated opportunity of combining the Cancer Center with Fridley Medical Center, will provide a more coordinated and consolidated approach to the entire campus and could also enhance traffic flow on the campus. The synergies of co-locating primary care, specialty care, and cancer care in a single location allows Allina to provide more efficient patient care and bring a coordinated array of services to Fridley and our adjacent communities. Ms. Stromberg stated the subject property is zoned R-1, Single Family as are all of the surrounding properties, with the exception of the existing Fridley Medical Center property to the east, which is zoned, CR-1, General Office. The property is located on Osborne Road, east of University Avenue and is approximately 35 acres in size when including the land in which the Professional Building is located on. The hospital was originally constructed in 1965. Ms. Stromberg stated the professional building and the skyway that attaches the professional building to the hospital were constructed in 1974. There was a building addition to the professional building in 1983. All of the properties within the Unity Hospital campus are owned by the North Suburban Hospital District. Ms. Stromberg stated recently, the following special use permits have been granted to allow the expansion of the Unity Hospital campus. • In 2003, the City Council approved a special use permit to allow a 2,375 square foot expansion to the Radiation Therapy Center which is located on the south side of the hospital building. • In 2006, the City Council approved a plan for the Hospital's Emergency Department that allowed for the remodel of 11,000 square feet and an approximate 9,600 square foot addition. • In 2008, the City Council approved a special use permit to allow the construction of 19,000 square foot Virginia Piper Cancer Center. Ms. Stromberg stated Premier FMC, LLC is seeking to replat the entire Unity Hospital campus at 500- 550 Osborne Road to create a new lot, which will allow for the construction of the proposed medical office building. The proposed replat will consist of six lots: Lots lA and 1B, Lots 2A and 2B and Lots 3A and 3B, Block 1, Yet to be Named Addition. The reason the development has Lots 1, 2 and 3, split into 2 lots (A&B), is because some of the land to be replatted is Torrens property while other portions of it are Abstract. Anoka County does not allow the combination of these different types of property without first getting a Registration of Land Titles by District Court Order, which can be a lengthy process. Instead, the petitioner is choosing to identify the lots with A and B, based on whether it is Torrens property or the Abstract property, which is acceptable to the Anoka County Surveyor's office. The City will require that the lots be combined upon final plat approval to allow for the construction of the new building to occur. Ms. Stromberg stated since the property is zoned, R-1, Single Family, City code requires that the CR-1, General Office standards apply for a hospital or medical clinic office use. The petitioner has designed the project to meet the criteria set forth within the City code and it will be further analyzed in the special use permit review in this report. It should be noted though, that each parcel combined (A&B) meets the minimum lot size required for the CR-1 zoning district. Ms. Stromberg stated hospitals and medical clinics are a permitted special use in an R-1, Single-Family zoning district, provided that code requirements related to building, site requirements and parking are met. Ms. Stromberg stated the proposed clinic office building will be located in the northwest corner of the Unity Hospital Campus. The project area is 3.84 acres in size. The petitioner is proposing to construct a 60,000 square foot medical clinic on this lot, with parking, and landscaping. Additional parking will be will located on Lot 2B. Ms. Stromberg stated a medical clinic of this size would require 240 parking stalls at a parking ratio of 1 to 250 square feet. The petitioner is proposing to construct 246 parking stalls and proof an additional 57 stalls, which is above what code would require. In order to allow for the construction of the new medical office clinic, 109 parking stalls will need to be removed. The petitioner has stated that the old Fridley Medical Center property will be exchanged for this new parcel (Lots 1 A&B), which is currently on the Unity Hospital campus. As a result, any displaced parking to allow for the construction of the medical clinic will be moved to the existing Fridley Medical Center site, which will be owned by Unity Hospital. Ms. Stromberg stated the petitioner is proposing to construct a new access to the Unity Hospital Campus via Fifth Street. The site plan submitted shows this access as a right-in/right-out/left-in access only. The reason for this is to attempt to restrict a westbound left turn from the site into the neighborhood. The design proposed for this access is the most ideal situation for the proposed clinic, existing hospital and the neighborhood. The hospital and clinic feel it's an essential part of the proposal for the new medical clinic office building. The reason it is essential for the access to be set-up in this manner for the neighborhood is because it eliminates the potential for vehicles to turn left into the neighborhood. Constructing an additional entrance/exit to the site will also help to divide the traffic demand for the site from the main hospital entrance and it will provide another access for emergency vehicles to both the proposed clinic site and the existing hospital and professional building. Ms. Stromberg stated staff analyzed whether it would be important to try and match up the new clinic/hospital entrance with 76t'' Avenue. Though in most situations, City staff would prefer to have the driveways match up, in this case, staff thinks it is more important to have them staggered. Commission and Council members may recall that the 2008 Special Use Permit issued for the construction of the Virginia Piper Cancer Institute would have placed that building right in the middle of the campus. That location would disrupt the east-west connection that currently exists on the site. The proposed location would keep the existing east-west connection intact, which helps with the connectivity of the site and it also provides an additional way to exist the site. Leaving the proposed access point as proposed would � also help to keep potential motorist out of the neighborhood by eliminating the option to cross St'' Street over to 76t'' Avenue, and then having them maneuver their way out of the neighborhood. Ms. Stromberg stated the proposed expansion meets lot coverage and setback requirements. Ms. Stromberg stated the City's 2030 Comprehensive Plan indicates that in 2005, the portion of Osborne Road adjacent to the proposed Medical Clinic carried 11,500 vehicles per day. Osborne Road is considered a four-lane undivided roadway, which is designed to carry between 18,000 and 22,000 trips per day to function at a Level of Service (LOS) D. At the 2005 traffic level Osborne Road is carrying under the amount of traffic the roadway was designed and constructed for. The 2030 Comprehensive Plan anticipates that Osborne Road is this location will be carrying over 16,200 vehicles per day by the year 2030, based upon increases in population for Fridley & surrounding communities, as well as redevelopment and reinvestment within Fridley. At 16,200 vehicles per day, Osborne Road will still be considered under the requirements for a LOS D roadway. However, Anoka County is requiring that additional right-of-way be dedicated with this plat, to ensure that the additional land is available to eventually expand the roadway. Ms. Stromberg stated the petitioner had SRF Consulting Group, Inc., perform an operations analysis related to the proposed project. The consultants performed a trip generation analysis based on the methods and rates published in the 2003 ITE Trip Generation Manual. The consultants used the medical office space category in the ITE manual to determine that the proposed medical office clinic would generate approximately 138 a.m. peak hour trips, 208 p.m. peak hour trips, with a total of 2,168 daily trips. They note that part of the intent of the proposed building is to reorganize uses that are currently on- site to the new facility and not solely to add new services that were not already being accommodated on- site. While this may result in a lower vehicular trip generation estimate, they have conducted their analysis as if the proposed building was all new with all new trip generation to represent worse case scenario. Ms. Stromberg stated the consultant also analyzed current traffic data and compared it to year 2011 year build conditions, if the medical clinic was constructed. To forecast for the 2011 traffic patterns, they reviewed historical growth patterns in the area and then an annual background growth rate of '/2 percent was applied. The analysis is highlighted in the table below, based on both a.m. and p.m. peak hours. Based on the information provided, the amount of traffic will increase at the key intersections into the Unity Hospital Campus; however, despite the increase the intersections are still operating at a Level of Service C or better. The consultant states that, based on their review and understanding of the existing field observations, the proposed medical office building will not have an adverse impact on the adjacent roadway network or overburden the adjacent neighborhood with additional traffic. It should be noted however, that the traffic on the very northernmost part of St'' Street (north of 76t'' Avenue) will increase significantly under the built condition. The reason for the increase is because there will be new motorists turning on St'' Street from Osborne Road to get to the Unity Hospital campus and motorists leaving the campus on St'' Street going north to Osborne Road. This activity has not been seen prior to the installation of the new access point. It should also be noted that the consultant analyzed potential impacts to the Lyric Lane access and based on their findings, there will be no change in the amount of a.m. and p.m. peak users. 7 Ms. Stromberg stated the City has heard back from the Anoka County Highway Department and they will not be requiring additional right-of-way, along Osborne Road. The County has articulated that signalization will not be warranted at the Osborne Road/St'' Street intersection because it's too close to the signal at University Avenue and Osborne Road. City staff has stipulated that the petitioner meet any and all requirements set forth by the Anoka County Highway department. Ms. Stromberg stated City code requires that a five (5) foot sidewalk easement be provided along all property lines when the property is adjacent to a public right-of-way or across from residential. The Council may allow the petitioner to delay installation of the sidewalk if the petitioner signs an agreement that it will be constructed when the City requires the installation. As a result staff has stipulated that sidewalks be installed along St'' Street, Lyric Lane, and Madison Street and has developed a timeline for that installation. Ms. Stromberg stated the petitioner has illustrated that storm water management for the site will be handled using a standard pond/surface drainage system that is proposed to be located south of the new parking lot. It is also being designed to meet the watershed's requirements for rate, quality, and volume control. Ms. Stromberg stated City Staff recommends approval of the preliminary plat request, with stipulations as the proposed lots meet minimum standards. City Staff recommends approval of this special use permit, with stipulations as clinics are a permitted special use in the R-1, Single Family zoning district, provided that the proposed expansion complies with the code requirements, subject to stipulations. Ms. Stromberg stated staff recommends that if the preliminary plat and special use permit are granted, the following stipulations be attached: 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon final plat approval. 2. New cross parking agreements shall be established and filed between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon final plat approval. 3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for the proposed medical office clinic. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of building permit. 8. The subject property shall be maintained free of any and all construction debris. 9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 10. No future additions/expansions on this site shall occur that would consume more land area, without a strategic plan for structured parking. 11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and new medical clinic building. 12. The petitioner shall provide 5-foot easement and sidewalk along St'' Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staf£ [Staff recommends] Installation of St'' Street sidewalk in 2010 with proposed project, installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in 2012. 13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 14. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 15. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. 16. No signs shall be located within the County right-of-way. Any planting within the right- of-way shall be approved by the County prior to planting. 17. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed medical clinic or parking shall be marked and approved by City staff prior to issuance of building permits. 19. The petitioner shall screen parking areas from the public right-of-way by a continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of landscaping. Commissioner Oquist asked regarding Stipulation No. 8, the subject property shall be maintained free of any and all construction debris when they are constructing, how do they do that? Ms. Stromberg replied, this stipulation has been carried over on all of the Unity Hospital special use permits. It goes back to garbage and construction debris flying around the neighborhoods and complaints the City has received. It is just a blanket stipulation the City has always included on the Unity Hospital special use permits. It relates more to litter, etc. Commissioner Oquist asked whether that stipulation could be worded differently? He reads it as construction material on-site. Ms. Stromberg replied, that is not staff's intent. Commissioner Oquist stated, possibly have it read, "contained on construction site." Ms. Stromberg replied, sure. Commissioner Velin asked regarding Stipulation No. 13, why do they have to go to Rice Creek Watershed? Scott Hickok, Community Development Director, stated it is another government agency that requires review and approval on projects within the jurisdiction that they govern. It is not something the City does optionally; it is something that is required for the project. Chairperson Kondrick stated when you start adding parking lots, you have to find some way to manage the water. You do not want to have any problems with water. Commissioner Sielaff asked regarding the traffic patterns, Fifth Street will not have a signal. Will people be able to access the existing signal okay? Ms. Stromberg, yes they will. Chairperson Kondrick asked so you will be able to exit the site a couple of ways? One being through the traffic signal which is already there and then going over to Fifth Street and making a right-hand turn. � Commissioner Sielaff asked what is the main cause for the additional traffic on Osborne by 2030 going up that much? Where does that come from? It is not just from Unity, is it? Ms. Stromberg replied, development further north of Fridley, redevelopment within Fridley, and the communities just north of Fridley is where those numbers from. Commissioner Sielaff asked what is Level Service D vs. C? Mr. Hickok replied there are grade levels in traffic analysis just like in school although you would think a D is not satisfactory, it is satisfactory on street performance. As a matter of fact it is not unusual for a street to perform at a Level D. For example, when we talk in the comprehensive plan about projected traffic on certain roadways, Level D becomes a benchmark, an acceptable standard. If you venture below a Level D then you are looking at a fair amount of modifications for a signalization, whether it is widening an intersection with turn lanes or even additional lanes, other modifications typically will happen once you venture below Service Level D. Level of Service D is a service level you will see quite often in Fridley's reports because staff uses that benchmark as do engineers and ITE standards. Though many of the roadways perform at much higher levels, again it is not unusual at all when you get towards the anticipated capacity of a roadway that it will perform at that level. Commissioner Sielaff stated so a Level C you would see less change and modifications to handle the traffic. Mr. Hickok replied, yes, it really just has to do with your movement through intersections, the amount of time for a signalized intersection, and there are a number of different variables that go into it. It is not just the number of cars. Commissioner Oquist asked regarding the existing roadway that is kind of like in the middle of the complex, west of the signal light, would that remain? Ms. Stromberg replied, yes, that would remain. Commissioner Oquist stated so you have the exit at the lights, the enter only off of Osborne Road, and then you have Fifth Street. Ms. Stromberg replied, yes, and you can enter/exit on Madison Street. Jim Winkels, Amcon Construction, stated the project has now been shifted from the Columbia Arena site over to the Unity campus primarily because of the new opportunity to combine the number of different uses together on this site. To clarify things the hospital grounds/building are actually owned by North Suburban Hospital Association which is going to effectively swap property with the Fridley Medical Center owned by Multicare Associates. The new building will then rest over on the northwest corner, just immediately north of the Unity Professional Building. The major occupants of that building will be the Fridley Medical Center primary care clinic which will take up about half the building, one-forth of the building will be Minnesota Oncology, a piece will be taken up by the Virginia Piper Cancer Institute, and there will be a few other medical-related entities going into the project. There is a tremendous amount of cooperation between the real estate ownership and also the medical relationships going on in this one building. The old Fridley Medical Center building will be demolished when this is all done and become a parking lot. They would like to get this into the ground in December so the building will be available next summer. 10 Chairperson Kondrick asked Mr. Winkels if he and his associates are in agreement with the 19 stipulations? Mr. Winkels stated there are a couple that they would just like to have clarified. Regarding stipulation No. 10, regarding any future expansion or addition requiring a strategic plan for structured parking. They talked about it with Allina, North Suburban, and Multicare. The only issue there is, that it refers to any kind of addition requiring a strategic plan for structured parking which means a ramp, etc. There could be lots of very small additions or remodels, etc. that would not require any additional parking on the site. However, by this particular stipulation it would require that even the smallest size addition plan or construct some kind of strategic plan for structured parking. As they talked with staff, everybody understands that any future addition we would need to look at parking. However, they would hope, for example, a 500-square foot addition wouldn't require a parking ramp when there is no additional parking even required. He did not think that is a big issue. Chairperson Kondrick replied, no, he did not think so either. Commissioner Saba asked, what does a strategic parking plan mean? Mr. Winkels stated regarding the sidewalks and when they go in and staff is recommending a staggering timeline that is just a matter of Multicare, Allina, North Suburban Hospital Association, and Premier people working together and paying for that, etc. Chairperson Kondrick stated he does recognize a need for that. Mr. Winkels replied, absolutely, they recognize the need. They need to discuss and approve that themselves. Other than that he thinks the stipulations are fairly typical ones. They understand about the construction and that they have to police the site and pick up materials at the end of the day. They cannot have things blowing around. Mr. Winkels stated regarding the landscaping, Ms. Stromberg is correct. They submitted a plan that showed landscaping around the property. At the time they submitted it, they said they know it will meet the requirements of the City; but they have also showed everybody else that they will be working with the staff and with everybody connected to this project relative to additional planting, screening, and they have done that. In essence what they are talking about is saving a number of trees and then planting a lot more trees. By the ordinance there are 68 trees required, and they are showing 138 trees. They can have the architect go through the entire landscaping plan. They can also give the neighbors copies of the plan who are concerned with the landscaping. MOTION by Commissioner Saba to receive two letters: [1] dated November 2, 2009, from Richard Nordlund (Excel Realty Holdings) and [2] Bruce and Brenda Kivi, 7574 Fifth Street NE. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Steve Oltman, 7542 Fifth Street NE, stated he was surprised when he got the letter in the mail and there wasn't more detail about the project on it. He came into City Hall to get more information. Since he has had time to think about it, it seems a little better. His biggest concern is back in the mid-1980's when they expanded the parking lot, he was led to believe they were going to get a little more of a berm to shield the neighborhood from the hospital and it didn't happen. 11 Chairperson Kondrick asked Mr. Oltman where is he located in relation to the hospital? Mr. Oltman replied, on Fifth Street. There are only houses on the west side of Fifth Street. He believes there will be an increase in traffic on Fifth. He thinks they are going to get quite a few people going south, and they speed down that road now. It is kind of like an access to all the curved streets. Commissioner Oquist asked Mr. Oltman if he noticed on the petitioner's plan they are going to be berming that whole side on Fifth Street and planting all those trees so that would take care of his concern about screening. Chairperson Kondrick stated they are going to be putting in a berm on that whole stretch. As you come out of there, you can only make a right hand turn so they are going to try to prevent a lot of stuff going Mr. Oltman's way. Mr. Hickok stated regarding the question about the meaning of a strategic parking plan mean. The stipulation talks about a strategic plan, it does not necessarily talk about building the parking at this time. There were special use permits issued in 2003, 2006, and then 2008, which were additions to the campus, and we talked about parking then and the fact that additional density/building on the site does minimize the parking potential and at some point they are going to have to talk about structured parking. At the point where parking needs to be structured, the City wants to make sure they have a plan for that. That stipulation really talks about a strategic plan, not necessarily about building the parking at that time. If the Commission feels so inclined and based on Mr. Winkels' statement, maybe it could be worded and instead have Stipulation No. 10 say, "Future additions/expansion on this site shall be analyzed by staff to determine need for a strategic plan for structured parking. If additional parking is required based on that analysis, a plan will need to be provided by petitioner." Something to that effect. Chairperson Kondrick stated that make sense. If they build another building there, where are they going to accommodate parking. Commissioner Saba asked what does staff inean by structured parking? Mr. Hickok replied, structured parking is something other than on the flat. Medtronic World Headquarters has structured parking. It is basically a parking deck. So that it is going to be likely more than one level. A deck or a ramp. Mr. Hickok presented a November 18, 2009, e-mail from Richard Nordlund to Jim Winkels stating they have confirmed an agreement to proceed on the Fridley Medical Center site. He thought this was interesting and pertinent to this situation because the reason for the delay with the public hearing was because there was an issue about easement for parking. He thinks this really kind of closes the loop on that issue. Commissioner Oquist asked whether this was in response to the letter the City received from Mr. Nordlund? Mr. Hickok replied, yes. MOTION by Commissioner Oquist receiving the November 18, 2009, e-mail (second correspondence) from Richard Nordlund to Jim Winkels stating they have confirmed an agreement to proceed on the Fridley Medical Center site. Seconded by Commissioner Saba. 12 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Kondrick stated one of the letters the City received had to do with landscaping, trees, parking, etc. He asked if someone from the petitioner's group could talk to them about that? Mark Huss, Amcon Construction, stated to address the concerns, they have commissioned their landscape architect to redo the plans. They basically doubled the number of trees from their previous submittal plan, placing the majority of those trees along the west side, along Fifth Street. Some of the existing trees will remain, they are planting 55 new shade trees on the whole site, 27 of which will be along Fifth Avenue. Also, 64 new pine trees and all of those will be planted along Fifth Street. Finally, they have quite a few shrubs that they are also planning to plant. And as was mentioned they have a three-foot berm along the entire landscaping area between the parking and Fifth Street in order to deflect the headlights crossing the street. Commissioner Sielaff asked the staff what are they looking for in this situation? Are they looking at various diameter trees? He is talking about larger trees. Ms. Stromberg replied, Code requires 2.5-inch in diameter on the deciduous trees and then a minimum six-foot high on the conifers. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:08 P.M. Commissioner Oquist stated it is a nice project and with all the stipulations attached it seems to be under control. He thinks it would be good use of that property and it is facing Osborne. Chairperson Kondrick stated he thinks those stipulations are of benefit to the City as well as the petitioner. Commissioner Saba stated he did not have any problem with this. Commissioner Sibel asked how far out do we send letters of communication? Ms. Stromberg replied, state statute requires the City to send notices to those properties within 350 feet from the property. Mr. Oltman received a public hearing notice but in the notice the City does not provide a lot of detail, they simply say the petitioner is requesting a preliminary plat for this reason and a special use permit for this reason; but we do not go into a lot of detail. Commissioner Sibel asked how far into the Melody Manor neighborhood do the notices go? She is surprised that there are not more people from the immediate community at the meeting tonight. Commissioner Oquist commented he thinks the reason is that it is on Osborne Road, not on the back of Unity Hospital. Mr. Hickok stated regarding Stipulation No. 8, he offered a minor modification, to change the word from "debris" to "litter" and then just too simply say, "The construction materials must be properly contained." 13 MOTION by Commissioner Oquist approving Preliminary Plat, PS #09-05, by Premier FMC, LLC, on behalf of Unity Hospital, to replat the property to allow the creation of a new lot to allow for the construction of a new medical clinic/office building, generally located at 500-550 Osborne Road NE, with the stipulations as follows: 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon final plat approval. 2. New cross parking agreements shall be established and filed between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon final plat approval. 3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for the proposed medical office clinic. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of building permit. 8. The subject property shall be maintained free of any and all construction litter. All construction materials shall be properly managed on site to avoid neighborhood impacts. 9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 10. Future additions/expansions on this site shall be reviewed by City Staff and a determination shall be made regarding the need for a strategic plan for structured parking. If sufficient additional parking is required based on the addition, a structured parking plan will be required. 11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and new medical clinic building. 12. The petitioner shall provide 5-foot easement and sidewalk along Sth Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staf£ [Staff recommends] Installation of St'' Street sidewalk in 2010 with proposed project, installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in 2012. 13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 14. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 15. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. 16. No signs shall be located within the County right-of-way. Any planting within the right- of-way shall be approved by the County prior to planting. 17. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed medical clinic or parking shall be marked and approved by City staff prior to issuance of building permits. 19. The petitioner shall screen parking areas from the public right-of-way by a continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of landscaping. Seconded by Commissioner Saba. 14 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Oquist approving Special Use Permit, SP #09-17, by Premier FMC, LLC, on behalf of Unity Hospital to allow for the construction of a medical clinic/office building in an R-1, Single Family Zoning District, generally located at 500-550 Osborne Road with the stipulations as follows: 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon final plat approval. 2. New cross parking agreements shall be established and filed between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon final plat approval. 3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for the proposed medical office clinic. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of building permit. 8. The subject property shall be maintained free of any and all construction litter. All construction materials shall be properly managed on site to avoid neighborhood impacts. 9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 10. Future additions/expansions on this site shall be reviewed by City Staff and a determination shall be made regarding the need for a strategic plan for structured parking. If sufficient additional parking is required based on the addition, a structured parking plan will be required. 11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and new medical clinic building. 12. The petitioner shall provide 5-foot easement and sidewalk along Sth Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staf£ [Staff recommends] Installation of St'' Street sidewalk in 2010 with proposed project, installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in 2012. 13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 14. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 15. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. 16. No signs shall be located within the County right-of-way. Any planting within the right- of-way shall be approved by the County prior to planting. 17. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed medical clinic or parking shall be marked and approved by City staff prior to issuance of building permits. 19. The petitioner shall screen parking areas from the public right-of-way by a continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of landscaping. 15 Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the October 14, 2009, Appeals Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:15 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 16