PL 11/17/2010 - 29960PLANNING COMMISSION MEETING
November 17, 2010
Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m.
MEMBERS PRESENT: Leroy Oquist, David Kondrick, Jack Velin, Brad Dunham, Marcy Sibel,
and Brad Sielaff
MEMBERS ABSENT: Dean Saba
OTHERS PRESENT: Stacy Stromberg, Planner
John Ferrier, CSM Corp.
Terry Rothenbacher, Carlson Professional Services
Approval of Minutes: October 20, 2010
MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner
Dunham.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideration of a Special Use Permit, SP #10-12, by John Fierrier, CSM Corporation, to
increase the lot coverage requirement from 40 percent to 43.3 percent to allow the
construction of a building addition, generally located at 494 Northco Drive NE.
MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner Sielaff.
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, John Fierrier of CSM Properties, is seeking a special
use permit to increase the lot coverage requirement from 40 percent to 43.3 percent, to allow for the
construction of an addition to the existing building, which is located at 490 Northco Drive. The addition
will be used for office space.
Ms. Stromberg stated lot coverage became a factor when the petitioner submitted a building permit
application for the proposed addition. During the review of the building permit application it came to
staff's attention that the existing building is already over the 40 percent lot coverage requirement.
Expanding the building an additional 1,500 square feet is going to further increase the lot coverage. As a
result, staff advised the petitioner to apply for a special use permit.
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 and is south of 73rd Avenue
and east of University Avenue. 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. In
2009, a special use permit was issued to allow outdoor storage on the site. The manufacturing building
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. Carter Day is the business seeking the special use permit to allow the
construction of the building addition.
Ms. Stromberg stated the petitioner is seeking a special use permit to increase the lot coverage
requirement from 40 percent to 43.3 percent. As stated above, the existing building is already over the 40
percent lot coverage requirement at 43 percent. The proposed 1,500 square foot office addition will bring
the total lot coverage to 43.3 percent, overall a very small change. However, requesting this special use
permit now will bring the property into compliance.
Ms. Stromberg stated the Code requires that a special use permit may be granted as long as the property
is meeting all other Code requirements. All other Code requirements with the exception of parking are
being met.
Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the
petitioner, parking needs for this site after the addition is constructed is 231 parking stalls. The petitioner
has stated that they have 128 parking stalls. As a result, they fall short of ineeting the Code requirement
by 103 stalls. Last year when the petitioner was going through the special use permit process for outdoor
storage, staff inet with representatives from both Carter Day and Kwik File. During that meeting 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 petitioner has also
agreed to proof 134 parking stalls on their site, in the event that additional parking is warranted, the land
area is available for them to install the parking. Staff has determined that this is an agreeable solution.
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.
Ms. Stromberg stated City staff has not heard any comments from neighboring property owners.
Ms. Stromberg stated City staff recommends approval of this special use permit request as an increase in
lot coverage for a one story building from 40 percent to 50 percent is a permitted special use in the M-2,
Heavy Industrial zoning district, provided all other 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. Any future expansion of the building will require special use permit review.
2. Any future expansion of the building will require a new parking analysis.
3. The 60-foot no-build zone on the east side of the building shall remain free and clear of
any storage for necessary fire protection.
4. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and
void one year after the City Council approval date if work has not commenced or if the
Petitioner has not petitioned the City Council for an extension.
Commissioner Sielaff asked regarding the tally of the parking spots, there are 100 they could use from
Target and 134 on their property?
2
Ms. Stromberg replied, they currently have 128 stalls. There are an additional 134 parking stalls they are
proofing and, if the City determined they are needed, they could stripe them. It is already a hard surface
area.
Commissioner Sielaff asked, the number of parking stalls total then is over what they need?
Ms. Stromberg replied, yes.
John Ferrier, CSM Corporation, stated he agrees with the stipulations.
Chairperson Kondrick asked if he was okay with the new stipulation added, Stipulation No. 4?
Mr. Ferrier replied, absolutely, yes.
Commissioner Sielaff asked whether they would use the parking spots from Target before they would
add more parking spots?
Mr. Ferrier replied, they never had parking issues. Not all parking stalls are ever taken. Rarely do they
overflow, but if need be, they would use the Target parking spots first before stripping stalls on their site.
Commissioner Sielaff asked, do they occasionally use the parking in the Target lot?
Mr. Ferrier replied, occasionally it is used but it usually not from this building. They have another
building on the site that sometimes they park there for convenience. Overall it has never been a problem.
MOTION by Commissioner Oquist to close 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 CLOSED AT 7:10
P.M.
Chairperson Kondrick stated it seems pretty cut and dry. He drove by there a couple of times, and they
have been in compliance with other things in the past.
Commissioner Oquist stated he has no problem. It seems pretty straightforward.
Commissioner Dunham stated he felt the same.
MOTION by Commissioner Oquist approving Special Use Permit, SP #10-12, by John Fierrier, CSM
Corporation, to increase the lot coverage requirement from 40 percent to 43.3 percent to allow the
construction of a building addition, generally located at 494 Northco Drive NE with the following
stipulations :
1. Any future expansion of the building will require special use permit review.
2. Any future expansion of the building will require a new parking analysis.
3. The 60-foot no-build zone on the east side of the building shall remain free and clear of
any storage for necessary fire protection.
4. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and
void one year after the City Council approval date if work has not commenced or if the
Petitioner has not petitioned the City Council for an extension.
Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING
Consideration of a Special Use Permit, SP #10-11, by Terrence Rothenbacher, Carlson
Professional Services, for Columbia Arena Development, LLC, to convert the existing
Columbia Arena Building into an independent, assisted, and a memory care senior living
facility, generally located at 7011 University Avenue NE.
Ms. Stromberg stated Terry Rothenbacher, of Carlson Professional Services, who is representing
William Fogerty, the owner of the Columbia Arena property at 7011 University Avenue, is requesting a
special use permit to convert the existing building into an independent living, assisted living and memory
care facility.
Ms. Stromberg stated the subject property is located on the east side of the University Avenue Service
Drive, south of 73rd Avenue. Columbia Arena was originally constructed in 1968. In 1974, a variance
was granted to reduce the rear yard setback from 25 feet to 13 feet to allow the construction of an addition
to the building that would allow for an additional sheet of ice. As a result of the variance approval, the
addition was constructed in 1975. Several interior modifications have been made to the building over the
years.
Ms. Stromberg stated before the arena was constructed in 1968, the subject property was zoned M-2,
Heavy Industrial. When Anoka County purchased the property and constructed the ice arena in 1968, the
property converted to a P, Public Facilities zoning. In 2005, Anoka County sold the property to the
Minnesota Youth Sports Association (MYSA). In 2007, MYSA made a development deal with Kraus
Anderson on the Columbia Arena property. Krause Anderson in turn sold the arena to a private investor
named William Fogerty. Prior to the sale, the MYSA representative asked the City what they saw as
future development potential for the site. Staff explained that the site is zoned P, Public Facilities and that
zoning will remain as long as the land is publicly owned. Once sold to a private entity, the zoning would
revert back to its pre-public status.
Ms. Stromberg stated when the property was sold to a private entity, the property reverted to its M-2,
Heavy Industrial zoning.
Ms. Stromberg stated in 2009 the subject property was granted a rezoning from M-2, Heavy Industrial to
R-3, Multi-Family. A preliminary plat, a special use permit for a senior living facility and a special use
permit for a medical clinic were also approved at the same time. The development did not end up coming
to fruition; however, the rezoning to R-3, Multi-Family still stands.
Ms. Stromberg stated the existing Columbia Arena building will be converted into an 84 unit senior
living project. Ofthe 84 units, 36 will be independent units, 31 will be assisted living units and 16 will be
memory care units. There will be 1 guest unit as well. There will be a variety of amenities available to
the residents, which will include medical assistance, transportation, housekeeping, salon and fitness. The
exterior of the building will be remodeled to allow for the construction of a porch in the front of the
building and the installation of several windows, dormers, and skylights.
Ms. Stromberg stated site improvements will include the removal of the unused existing parking lots and
repaving the new driveways that will be used to accommodate the new development. New landscaping
will also be installed as well as the potential construction of a storm water pond. There will be a parking
0
lot in front of the building for resident and guest parking, and 18 garage stalls and additional surface
parking to the south of the existing building.
Ms. Stromberg stated City Code allows independent living, assisted living, and nursing homes as a
permitted special use in an R-3, Multi-Family zoning district, provided that Code requirements related to
building, site requirements and parking are met.
Ms. Stromberg stated as stated above, the petitioner is proposing to convert the existing Columbia Arena
into an 84-unit senior living project. The existing building is 69,200 square feet in size. The
development will include 36 independent living units, 31 assisted living units, and 161 memory care
units. The proposal includes a total of 81 parking stalls, of which 18 of those will be covered garages.
Ms. Stromberg stated City Code would require 78 parking stalls for the proposed project based on
parking ratios used for independent living, assisted living facilities and nursing homes. The petitioner is
providing 81 total parking stalls, with 18 enclosed garage stalls and 63 surface parking stalls, therefore;
meeting Code requirements.
Ms. Stromberg stated since this project is two stories, the R-3, Multi-Family zoning regulations would
require a minimum lot area of 15,000 square feet for four units and an additional 1,000 square feet for
each unit over four. As a result, 95,000 square feet in lot area is required for this project. The subject
property is 615,502 square feet (14.13 acres), so the lot size is well over what our Code would allow for
this many units. The petitioner does anticipate constructing an addition to the existing building at some
point in the future to allow for additional residential units. As staff understands it, it is also the
petitioner's/property owner's hope that eventually there be more development on this site whether that is
through additional residential development or medical/retail/office development that is not clear at this
time. At which point additional development would occur on this site, the special use permit would need
to be amended.
Ms. Stromberg stated City code requires that buildings within the R-3, Multi-Family zoning district not
exceed 65 feet in height, when measured from grade to the mid-span of the roo£ The existing building
and the proposed window/skylight enhancements to the building will comply with that Code requirement.
Ms. Stromberg stated the proposed project is in-compliance with lot coverage and all setbacks
requirements, except for the east side yard setback (further explained below).
Ms. Stromberg stated along with this special use permit request, the petitioner is also seeking a variance
from the Appeals Commission to reduce the east side yard setback from 15 feet to 12 feet to recognize the
placement of the existing buildings. The petitioner is showing a proposed building addition on the south
side of the east building. That addition will also encroach into the side yard setback at 14.4 feet at its
closest point. As a result, that variance was also being heard by the Appeals Commission. The Appeals
Commission unanimous recommended approval to the City Council at their November 3, 2010 meeting.
Ms. Stromberg stated City Staff recommends approval of the special use permit, with stipulations as
Independent Living, Assisted Living, Nursing Homes and Homes for the elderly are a permitted special
use in the R-3, Multi-Family zoning district.
Ms. Stromberg stated staff recommends if the special use permit is granted, the following stipulations be
attached:
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall meet all Building code, Fire code, and ADA requirements.
3. The petitioner shall comply with all sign Code requirements for installation of new
signage on the property.
4. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
5. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
6. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
7. If the proposed development is modified to be used for units other than, independent
living, assisted living and memory care units, a new special use permit will need to be
obtained.
8. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and
void one year after the City Council approval date if work has not commenced or if the
Petitioner has not petitioned the City Council for an extension.
Commissioner Dunham stated they are talking about developing more in the future, how much of this is
being developed now? There is a lot more room on this property now. They want it zoned all one way
now?
Ms. Stromberg replied, the entire property would remain zoned, R-3. Everything is zoned R-3 because it
is all one lot. The only thing that is being proposed to be redeveloped is the existing building. There is a
potential for construction of an addition, but the City does not know when that would happen. Future
expansion throughout the rest of the site also is possible. That is why the City is saying when that occurs,
it will need to be reviewed through a special use permit. Maybe there is a chance that it will be rezoned
to some type of redevelopment or PUD in the future if there is a need for it. However, at this time they
are just handling what is in front of them.
Commissioner Dunham asked whether there are any issues they suspect that need to be changed going
from commercial to residential construction?
Ms. Stromberg replied, she believed that their architects are looking into all of that. They say that the
building is in really good shape and is conducive to this remodel.
Commissioner Velin asked a year ago when they approved the special use permit, it included a design
for a path into the park. It does not say anything here.
Terrence Rothenbacher, Carlson Professional Services, stated actually that was a point taken up by the
architects who is remodeling the building. There will definitely be a connection to the park on the south
side. They will also leave a strip of the parking lot on the south side for those using the park. They have
entered into an agreement with the city. There definitely will be a connection from the building. It is
very important to the seniors. It will probably be closer to the front as the back wing right now will be
more for memory care.
Mr. Rothenbacher stated Ebenezer will be running the proposed development; they do hope that in the
future they will create some sort of a campus and have more amenities.
Chairperson Kondrick asked Mr. Rothenbacher whether he saw the stipulations and if he had any
problems with it?
Mr. Rothenbacher replied, not a one.
�
Mr. Rothenbacher stated, right now they are in the middle of due diligence, meeting with the Watershed,
Fridley staff, etc. Pending approval, they would like to start on December 7, 2010. They have a tight
deadline with Ebenezer on when they can get it done.
Chairperson Kondrick asked when do they plan to have people moving in?
Mr. Rothenbacher replied, September or October.
Commissioner Oquist asked, will Ebenezer manage the complex?
Mr. Rothenbacher replied, yes.
Commissioner Oquist asked, will they own it?
Mr. Rothenbacher replied, he would guess it will be a combination of Ebenezer and Columbia Arena
Development group.
Commissioner Dunham asked if they need to stipulate the park trail access?
Ms. Stromberg replied, staff has had discussions with the engineers and the property owners as well.
She believed it is something they plan to do. However, they certainly can stipulate it.
MOTION by Commissioner Oquist to close 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 CLOSED AT 7:30
P.M.
Chairperson Kondrick stated this is going to be great.
Commissioner Velin stated it is very ambitious.
Commissioner Oquist stated and they are using the existing structure without tearing it down.
Mr. Rothenbacher stated regarding the question about the building, they are doing testing and borings
and there are certainly some contaminants, such as lead paint, they will have removed. The building is
like the Rock of Gibraltar. It is very solid.
MOTION by Commissioner Sielaff approving Special Use Permit, SP #10-11, by Terrence
Rothenbacher, Carlson Professional Services, for Columbia Arena Development, LLC, to convert the
existing Columbia Arena Building into an independent, assisted, and a memory care senior living facility,
generally located at 7011 University Avenue NE with the following stipulations:
1. The petitioner shall obtain all necessary permits prior to construction.
2. The petitioner shall meet all Building code, Fire code, and ADA requirements.
3. The petitioner shall comply with all sign Code requirements for installation of new
signage on the property.
4. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
5. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
7
6. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
7. If the proposed development is modified to be used for units other than, independent
living, assisted living and memory care units, a new special use permit will need to be
obtained.
8. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and
void one year after the City Council approval date if work has not commenced or if the
Petitioner has not petitioned the City Council for an extension.
9. The petitioner shall provide a trail for residents to access the park and trail as part of this
proj ect.
Seconded by Commissioner Velin.
3. Receive the Minutes of the October 7, 2010, Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Receive the Minutes of the September 14, 2010, Environmental Quality and Energy
Commission Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive the Minutes of the October 4, 2010, Parks & Recreation Commission Meeting.
MOTION by Commissioner Sibel to receive the Minutes. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. Receive the Minutes of the November 3, 2010, Appeals Commission Meeting.
MOTION by Commissioner Sielaff 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 regarding the Valvoline rezoning and vacation, the vacation was approved by the
City Council; and the rezoning has had its public hearing before the Council and the first reading. It is set
for a second reading on December 6, 2010.
Ms. Stromberg stated the next Planning Commission meeting is set for December 15, 2010.
ADJOURN
MOTION by Commissioner Sielaff adjourning the meeting. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:41 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
�