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11/24/2003 - 4611� OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING NOVEMBER 24, 2003 ,, Y . � r � • _ � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AUDRFSS AND /i'FM NUMBFR YOU ARF /Mi�RSSTFfl /N. � ii%�i �a� '��`` , �g yy � i �� .. � £ s�� , �'f �- �� ' , P��p,t ��m��r�� ,�.��s�` �' �' _ , , �i� �� ,,,', ....... . ,,,,, ,.,,, <.....�� .,. .: ' � � ` ,,. � r,' �,. ';� « �� - :ti 11 i�;�1� �� = �°��; �, ��- i'S � , � ,.' � t=- �' rE , � l. t, �f �. � � � �. � - ) p t"� � �i � � � � �. �..... �. , , � /1_ �r''�> �.; L' !� `� L: • �f �' �":� ��" �� /`�I`�S r.'.1; J i /��%� ;� �� . �� V'�, � r. r,�� % i t�--� +3 _ ^. _ � -� . � . `�'�� ;�. �� /` �,� � � /�"..�-�--� � � � � � �;�`'� ��- I'�� I 2 � ��3 t :,"�Y�.� f-c,,.- �`f,3�. ' �,�' c ,��. < �� ,G�n- l�' ,_: � !f/ _ j�� -� �� - , / , , �/7.��', -''_ /� / � � �, �^� r:� �� '�_ r �/ � �-`�� /Z '�� ` f E + .�,'�Jy' ' J .. 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G'` ! ` .,J /� � � v's! �'tJ � �'- ` � � �� =r �:ry � <� � _ _� a_�� 1 � � 1 _3 �`��,�� U ��.�,�u�Q C��..t�;x ,:,�;,� ' �=� �� t,�,�'�: � j�.� �.� r � CfTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 2003 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAM�, AUDRFSS AND /TFM NUMB�'R YOU ARF /NTFRFSi�'�D /N. � � ,� �� . ; : ,; ,.;;�F��nt �'a�i.e .��°�g� � � . ..y, ��A.�e��% �. ��' ��,;- , � , , r, �� F� �-� � �� I' �•� s `� ` '� � ; •� (��nJ�.�� ,, ;:) `� � �1� °°u �� Z � � .� ��;�� %) � �'�l v1.✓��Ct✓� CL� �, �� v � �--` rv �" l-. �-P � � tC.� � �•". �, �j i � � �, � (��•=} � � � Y <t c.� -� r�...,��.t,� �.,� �-� i�if . / � - � 3 '�' � , , _..� c:� � � ,�?,< :� o d � ��' % � ! _v<-. , ; � G>�/ �r''�, - /� _ � � / ' _ - �.?�� " �� /V.1� F�� C� �-.}-'y� ,,!%,, %,,. j�` l-r ,;- �(� i,'�' G - i �i ; G 77z / Z t' � � �. � �-?'' ?✓ ' AC- / l � �� '�j-FJ�'k�,�� Tti ��„�'. � .7-�1.� i�.�,t.',�e'k'_ �� 'i' ��' Z • � � y—`, �� -, t� � c:�K..: U ��:.,�-- � , �;� —e� £ � l l Z — )3 �� , �� , �,. � -, ; - � :,.� :,, �-- r r �,��,� ,� ��- � y �� »- � � �.�- �-�;�. ��s� s��s�- �?�-Zy��y Q � �D � �- J:� ��,w�c �`��2 �� S� 571-�5� Z �� j � y✓1� ��r� S ) / — 11?T�, , '/ �2uct ��Ttf`l 1��'►�I �47/ 6�G�TNV�2 5— S� /-� c�3-� '-�- � -,� �,� �-. �,3� � �� l/� S�/-..� � � .� �s� /.�s�� 1 ��.�.� t� 5 )l-Z3�� 4 �-- Sv�Q.. 4-�� ti�t 1�Ic� C�ree��t 5� �-cc�z �� J �,� � � �-r, 7,�� c�� C�:�� . 7��— ��o—s�! `.�aG,� (�uef �3�9 �� i�vz NE 7b3- �7r- $�93 C�Qi''l�-e l'I�Cc7cJv'GK v�� ✓�/1Vr J�� /U.�. %��`JaZ%9�`� 0 0 � � � n . � � �; J / �i �:-� S �1 � � �- , �i ;, i; � , . . �a , . ��S_'�__.� _f _ __ ___ __ -___ ____ .._. _. __---------- - - ; - - , - � ; _ �'�+�-e.. �-_ _ _---- -��!��?s�-._ _.._ ___��___�� v� N E f _ _.. r __. __, '_ ,��..___-_,...�� ` . _. _ _._ a_ � ._. � � � � _ � �,,� L� , . , . �� s : G e � ,� , #�---- �_ _ �._. . ��._ __��.---_ --_ ��_ I � � = � 3 �y �� '� __ � _ _ .__ -��:� . __ __. _- --_ __ _ __ _ �.--- ._ �.__r_______._� �_____ � �;, ,_ �� _ _ _ _ �__ ��.�1 �� o.��✓�c/'�' � __� � _ ' � �.._.��_z�.11 �cr ��- �.�i. ''' �_ l� v � l 22 l � /�t , s �, - 3`' - /� 1 � ' �,�.L�_� �!� A � T__� .�� i�� 1�� C�- N��' i:l �, _i;� ��-� �:.11�� -�- � � ��-� ��.� s��z�- d a �..�.rZ � � � � 3 �� f-'�i��'''"''�'-- , � � � � � .� � � y.� �, ►� � � �� ,, � � _ s�:_.�� u 1� a� l� �Q 6 i�,�c+ � S�/�� . � . / �a�- ' ��-o� ��. s ,_�_�w_ _r_ __�.�� ____�� s � 5�;,-�, � . �� -�� - i�� .��' �� ,�. ----- � � sa � ��l- � � � L � 5�.��v�.�.�...._ __ �f��. �'�� i � � �'� � Rr.1E � ��Rd : �� l�? � !''rUss,�ss; �,� st- � � 3 � y _ j',r� �J� ��9� � � r��v � �� P� $ � /�1��r� iJ� � �! — �� _ �� c �� 3 b �?,�.a��.�..�� il.�r S� �� 3q � ��` L • � �z L�� o — r ` CITY COUNCIL MEETING OF NOVEMBER 24, 2003 CRY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or _ treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to , participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auYiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) � � PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: _ APPROVAL OF MINUTES: City Council Meeting of October 27, 2003 NEW BUSINESS: 1. Receive the Minutes of the Planning Commission Meeting of November 5, 2003 ....................................................... 1- 22 2. Resolution Approving a Subdivision, Lot Split, LS #03-01, to Create Two Buildable Lots, Generally Located at 130 Ely Street N.E. (Ward 3) - ....................................................................................................... 23 2 _ FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Resolution of the City of Fridley, Minnesota, Approving the Transfer and Exchange of Certain Parcels of Land with Tom Marchiafava and Dianna Marchiafava (Ward 3) ..................................................................... 29 - 30 4. Special Use Permit Request, SP #03-18, by Electric Motor Supply, to Allow for Limited Outdoor Storage, Generally Located at 4650 Main Street N.E. (1Nard 3) ......................................................................... 31 - 34 5. Resolution Approving Recycling Service Fees ....................................:.............. 35 - 36 6. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for the Minnesota Sports Federation (Minnesota Sports Cafe, 7651 Highway 65 N.E.) (Ward 2) .................................................. 37 - 38 �, 7. Resolution Authorizing an Increase in � Compensation and Changes in Certain Benefits for the 2004 Calendar Year .................................................................. 39 - 40 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 2003 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of ` Fridley ....................................................................................................... 41 - 42 9. Claims ....................................................................................................... 43 10. Licenses ....................................................................................................... 44 - 48 11. Estimates ....................................................................................................... 49 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Conside�ation of items noi on Agenda -� ��i minutes. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 2003 PAGE 4 PUBLIC HEARINGS: 12. Consideration of a Rezoning Request, ZOA #03-02, by Town Center Development, LLC, to Rezone Property from C-1, Local Business; G2, General Business; M-1, Light Industrial; and C-R1, General Office to S-2, Redevelopment District to Accommodate Redevelopment, Generally Located at 1282 Mississippi Street; 6490, 6400, 6352 and 6300 Central Avenue; and 1271 East Moore Lake Drive (Ward 2) - ..................................................................................................... 50 62 13. Consideration of a Preliminary Plat Request, PS #03-08, by Town Center Development, LLC, to Create Two Separate Lots to Allow for the Construction of a Senior Housing Development, Generally Located at �- 1282 Mississippi Street and 6490 Central - Avenue( Ward 2) ............................................................................................... 63 - 74 14. Consideration of Zoning Text Amendment, ZTA #03-01, by David Baillie, Furniture Outlets USA, Inc., to Add Language to the City Code Which Would Allow a Furniture Store Use to Have One Parking Stall for Every 400 Square Feet of Showroom Space, Generally Located at 5353 East River Road N.E. (1Nard 3) ................................................................. 75 15. Consideration of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to S-3, Onaway District, Screening of Solid Waste....................................................................................................... 76 - 77 0 G FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 2003 PAGE 5 NEW BUSINESS: 16. First Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to S-3, Onaway District, Screening ofSolid Waste .................................................................................................... 78 - 79 17. Special Use Permit Request, SP #03-19, by David Baillie, Furniture Outlets USA, Inc., to Increase the Lot Coverage Requirement from 40 Percent to 48 Percent, Generally, Located at 5353 East River RoadN.E. (Ward 3) ........................................................................................... 80 - 85 18. Amendment to the Sign Plan for Moore - Lake Commons West, Generally Located at 1001 East Moore Lake Drive (1Nard 2) ........................................................... 86 = 87 19. Informal Status Reports ....................�:.....:...:.:......:....................:..............�........ 88 ADJOURN. � � �� FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 2003 ' CfTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatrnent, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Resolution Approving Recycling Service Fees................................... 35 - 36 APPROVAL OF MINUTES: C��-p�-�- City Council Meeting of October 27, 2003 ��_�jZy z, Q �� 6. Resolution in Support of an Application for a ,�� Minnesota Lawful Gambling Premise Permit for T' �-� the Minnesota Sports Federation (Minnesota Sports Cafe, 7651 Highway 65 N.E.) NEW BUSINESS: � (Ward 2) ................................... 37 - 38 Receive the Minutes of the Planning Commission Meeting of November 5, 2003 ................................... 1 - 22 ,��, �,�,�,�� 2. Resolution Approving a Subdivision, Lot Split, LS #03-01, to Create Two Buildable Lots, Generally Located at 130 Ely Street N.E. (Ward 3) ................................... 23 - 28 /�� ;��;�7_ -.:�GC ?� 3. Resolution cf the City of Fridley, Minnesota, Approving the Transfer and Exchange of Certain Parcels of Land with Tom Marchiafava and Dianna Marchiafava (Ward 3) ..... 29 - 30 (/ ry �//✓��. li� �i " I'" ` � ��-,.�� 4. Special Use Permit Request, SP #03-18, by Electric Motor Supply, to Allow for Limited Outdoor Storage, Generally Located at 4650 Main Street N.E. (Ward 3) ........ 31 - 34 , � .�.t/`�.l""(,�'' �. � � �� , �-�3 7. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2004 Calendar Year . 39 - 40 � � c�--e��'�—e_� C� C� �_ �-C,`z' �� First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley ................ ................. 4 - 42 ,� -- ��, �� Claims 10. Licenses 11. Estimates ....��:�� 43 C��.��1'7..�-E' ��!, , .. 44 - 48 ..... ... .................. .... � :°..�..��..'�. �'`�:°'-{ e�49 �- FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 2003 ADOPTION OF AGENDA. NEW BUSINESS: OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARINGS: 12. Consideration of a Rezoning Request, ZOA #03-02, by Town Center Development, LLC, to Rezone Property from C-1, Local Business; C-2, General Business; M-1, Light Industrial; and C-R1, General Office to S-2, Redevelopment District to Accommodate Redevelopment, Generally Located at 1282 Mississippi Street; 6490, 6400, 6352 and 6300 Central Avenue; and 1271 East Moore Lake Drive (Ward 2) ................................. 50 - 62 '�"�� 1" 13. Consideration of a Preliminary Plat Request, PS #03-08, by Town Center Development, LLC, to Create Two Separate Lots to Allow for the Construction of a Senior Housing Development, Generally Located at 1282 Mississippi Street and 6490 Central Avenue ( Ward 2) ............................... 63 - 74 �ti� i "� �� '�'� " � 14. Consideration of Zoning Text Amendment, ZTA #03-01, by David Baillie, Furniture Outlets USA, Inc., to Add Language to the City Code Which Would Allow a Furniture Store Use to Have One Parking Stall for Every 400 Square Feet of Showroom Space, Generally Located at 5353 East River Road N.E. (Ward 3) . 75 � � � ,,� PAGE 2 16. First Reading of an Ordinance Amending ,�t'� Chapter 205 of the Fridley City Code `�� Pertaining to S-3, Onaway District, Screening �� of Solid Waste ................................. 78 - 79 '�,�� / �' � .�{; 17. Special Use Permit Request, SP #03-19, by David Baillie, Furniture Outlets USA, Inc., to Increase the Lot Coverage Requirement from 40 Percent to 48 Percent, Generally, Located at 5353 East River Road N.E. (Ward 3) ........................... 80 - 85 �'' ��. � � 18. Amendment to the Sign Plan for Moore `� Lake Commons West, Generally Located �" at 1001 East Moore Lake Drive �' (Ward 2) ................................... 86 - 87\ n �, r� �� ' ,�,�� o J � �� ``� 19. Informal Status Reports ..................... 88 ADJOURN. �,� 15. Consideration of an Ordinance Amending ��j� Chapter 205 of the Fridley City Code Pertaining �. to S-3, Onaway District, Screening of Solid C� Waste ................................... 76 - 77 �\ ��' �� . - �,a, �, ��, i �� .1�� '�� , l' \ . � ' THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 2003 0 � . CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES OCTOBER 27, 2003 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 8, 2003. APPROVED. 1. RESOLUTION NO. 54-2003 APPROVING A PLAT, PS #03-02, THEILl�'IANN ESTATES, BY JEFFREY CRUZ, MEADOWVIEW HOMES, FOR THE PURPOSE OF CREATING 8 SINGLE FAMILY LOTS. GENERALLY LOCATED AT 1540 RICE CREEK ROAD N.E. (WARD 2). Dr. William Burns, City Manager, said Council approved the preliminary plat request made by Mr. Theilmann on March 24, 2003. Since then, the property was acquired by Mr. Jeffrey Cruz, the owner of Meadovwiew Homes. Staff recommended approval of the final plat, subject to the - following 13 stipulations: 1. The petitioner shall obtain all necessary permits prior to construction; 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting of final plat; 3. Regular maintenance of the site to be - done by the developer until the homes are built; 4. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimi�e _ impacts to the surrounding properties; 5. Provide proof that any existing wells or individual sewage treatment systems located ar, the site are properly capped or removed; 6. During construction, silt fencing shall be used where applicable; 7. The petitioner shall provide easements as required by Section 211.�7.21 of the City Code; 8. The petitioner to pay $1,500 per lot park fees prior to issuance of building permits; 9. The petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's engineering department; 10. The petitioner shall agree to preserve FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 2 mature trees to the eYtent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits; 11. The petitioner shall work with existing contours of the land and preserve existing slopes to the extent possible; 12. A development agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the petitioner prior to final plat approval; and 13. The petitioner shall hold a meeting with the neighborhood to go over the grading and drainage plans prior to issuance of building permit. ADOPTED RESOLUTION NO. 54-2003. 2. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THEODORE THEILMANN AND JEFFREY CRUZ FOR THE PROPERTY GENERALLY LOCATED AT 1540 RICE CREEK ROAD N.E. (WARD 2). APPROVED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THEODORE THEILMANN AND JEFFREY CRUZ. 3. MASTER PLAN AMENDMENT, MP #03-01, BY MOHAGEN/HANSEN ARCHITECTURAL GROUP, ON BEHALF OF COLUMBIA PARK MEDICAL GROUP, TO AMEND THE MASTER PLAN FOR COLUMBIA PARK MEDICAL CENTER CAMPUS TO ALLOW FOR FUTURE PARKING AND BUILDING EXPANSION. GENERALLY LOCATED AT 6341 UNIVERSITY AVENUE N.E. •�� Dr. William W. Burns, City Manager, said the amendment would allow future parking and building expansion on the property located at 6341 University Avenue N.E. The building expansion was on their property and includes two additions containing 10,521 square feet. Petitioner also wanted to restripe the parking lot, which was on City property, in a manner that would reduce the stall width from 10 feet to 9 feet. The Planning Commission approved the plan amendment subject to the understanding that the restriping could only be done for those spaces used for employee parking. This would limit the number of new spaces to 17 rather than the 32 additional spaces requested by the Petitioner. Staff recommended Council's approval. 4. APPROVE AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR THE EAST MOORE LAKE SHOPPING PLAZA, GENERALLY LOCATED AT 1250 EAST MOORE LAKE DRIVE (WARD 2). Dr. William W. Burns, City Manager, said Council approved an amendment to the sign plan on August 25, 2003. The eazlier amendment would allow lettering on the building to be increased from a maximum of 24 inches in height to a maximum of 32 inches in height. The latest amendment would accommodate the Eye Care Center by allowing signage to rise to a height of 60 inches where space above the sign band is available in a gable or peaked area. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 3 5. RESOLUTION NO. 55-2003 ORDERING PRELIMINARY PLANS, SPECIFI- CATIONS AND ESTIMATES OF THE COSTS THEREOF: NORTH PARK NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2004-1. Dr. William W. Burns, City Manager, stated that the project included Linde Drive, Regis Terrace and Regis Trail. It also included the reconstruction of the east University Avenue Service Drive between 61 S` Avenue and Mississippi Street. The resolution authorized preparation of preliminary plans, specifications and estimates for reconstruction of these roadways in 2004. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 55-2003. 6. RESOLUTION NO. 56-2003 CERTIFYI1�iG CERTAIN DELINQiTENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 2004 TAXES. Dr. William W. Burns, City Manager, said the list of delinquent accounts included a total of $115,817.08 in past due bills and penalties. All property owners had been notified and given abundant time to pay their bills. Upon approval of the resolution, the amounts would be certified to Anoka County. Property owners had an additional 30 days after adoption of the resolution to pay without further penalty. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 56-2003. 7. RESOLUTION NO. 57-2003, IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY AMERICAN LEGION, POST 303 (WARD 2). Dr. William W. Burns, City Manager, said that the American Legion, Post 303, requested a two- year extension of their charitable gambling permit that expired on February 28, 2004. Staff recommended Council's approvaL ADOPTED RESOLUTION NO. 57-2003. 8. CLAIMS. APPROVED CLAIM NOS.113830 THROUGH 113971. 9. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 4 10. ESTIMATES. Bituminous Roadways, Inc. P.O. Box 86 Minneapolis, MN 55486-2119 Municipal Garage Parking Lot Overlay Project No. 343 - FINAL ESTIMATE: $53,647.00 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked to remove Item No. 3 from the consent agenda to the regulaz agenda. No persons in the audience spoke regarding the consent agenda items. MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal of Item No. 3. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE M�TION CARRIED UNA1vIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda with the addition of Item No. 3. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., said he felt the increases in the utilities were - unnecessary and could be absorbed by the City. He encouraged residents to vote against it. � Councilmember Billings said that it was not on the 2003 ballot. He said next summer Council :, would determine if it needed to be on the 2004 ballot. Mr. Donald Anderson, 7304 W�st Circle N.E., said they had a building pernut and had called far � an inspection and it had not yet been inspected. Mayor Lund said staff would take care of this matter. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 5 NEW BUSINESS: 3. MASTER PLAN AMENDMENT, MP #03-01, BY MOHAGEN/HANSEN ARCHITECTURAL GROUP, ON BEHALF OF COLUMBIA PARK MEDICAL GROUP, TO AMEND THE MASTER PLAN FOR COLUMBIA PARK MEDICAL CENTER CAMPUS TO ALLOW FOR FUTURE PARKING AND BUILDING EXPANSION, GENERALLY LOCATED AT 6341 UNIVERSITY AVENUE N.E. ARD 1 . Councilmember Bolkcom asked if the property owners agreed with the change that the parking stalls could be reduced to 9-foot widths in the employee parking areas only. She wanted to know if that gave them enough parking. Mr. Hickok, Community Development Director, said the petitioner was not comfortable with the reduction in the number of stalls as a result of having 10-foot stalls in a11 but the employee pazking area. They felt that in order to make the project work, they needed 9-foot stalls. Staff wanted to protect the 10-foot pazking stall which was recognized as being the commercial standazd in the City. Dr. William W. Burns, City Manager, said they would lose 15 parking places. Mr. Hickok agreed. Councilmember Bolkcom asked if 9-foot stalls had been allowed in other areas. Mr. Hickok said it had been done through the variance process, but this was different. It was a master plan project and they had the discretion to make the modification without going through a variance. Councilmember Bolkcom asked if staff was concerned that there would be enough spots. Mr. Hickok said they were okay in space code-wise. He said they wanted to maximize their parking opportunity. He said staff was not tied to a 9-foot or 10-foot width. He said 9 feet was not an unusual width. - Mr. Mark Hansen, Mohagen/Hansen Architectural Group, 1415 Wayzata Boulevard, Minneapolis, Minnesota, said they developed a site configuration and tried to maximize the number of parking spaces within the site. They developed a 9-foot pazking sta11 and it was approved by the HRA. They brought it before the Planning Commission and they asked them to evaluate the employee parking on a 9-foot parking sta11 and the visitors/patients on a 10-foot stall basis. They would need to spend a lot of money to reconfigure the parking area with the proposed changes for a net gain of only 17 stalls. He said 99 percent of what his company did in terms of site development was based on 9 x 18 parking stalls. They asked that Council look at a 9-foot parking stall width. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 6 Councilmember Barnette asked how many handicapped accessible paxking spaces they had and if it would be reasonable to have 10-foot spaces for handicapped parking stalls and 9 foot spaces for others. Mr. Hickok said there was a code standard for handicapped stalls and petitioner had met that standard. Mr. Hansen said it was in a preliminary stage. They wanted to have a configuration that used 9- foot spaces. - Councilmember Billings said that several years ago there was a proposal to change the code requirements from 10 feet to 9 feet. At that time, the City allowed 9-foot spaces under certain " circumstances. In particulaz, shopping centers, the City opted to stay with 10 feet. Parents trying to get children out of a car in a 9-foot stall would find it almost impossible. He asked how much consideration the clinic had actually been given to the people who would actually be using the parking spaces. Mr. Hansen said they did a lot of planning throughout the metropolitan area. He stated that 99 percent of the requirements for parking are 9 x 18 stalls. He agreed that 10 feet would be nice to have. They were trying to maximize the parking sQ they would be able to have the parking on- site. They were also trying to reconfigure the parking to improve the circulation and ease flow within the site. Councilmember Billings said he did not know the petitioner had a problem with the 10-foot pazking stalls and asked about the 60-day requirement. Mr. Hickok said the 60-day date was November 10, 2003. Councilmember Billings said he would like to have some time to look the item over to see if there were other alternatives. MOTION to by Councilmember Billings to table this item until November 3, 2003. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: � 11. CONSIDERATION OF THE ASSESSMENT FOR THE 2003 NUISANCE ABATEMENT PROJECT (CONTINUED OCTOBER 13, 2003): : ` MOTION by Councilmember Barnette to re-open the public hearing. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Richard Pribyl, Finance Director, said the City Attorney was contacted by an attorney for one of the individuals listed on the nuisance abatement roll. They have requested that this public hearing be continued until November 3, 2003. Staff recommended that the public hearing be continued until November 3, 2003. - Councilmember Bolkcom said if they continued the public hearing they could not act on the other assessments. Mr. Pribyl agreed. He said they would also recommend that the resolution be tabled until November 3, 2003. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., asked what the nuisance abatement was. Mayor Lund said there were code violations on three properties that were not rectified so the City had to make the corrections. The cost of the abatement would be assessed to the property owner. MOTION by Councilmember Bolkcom to continue the public hearing until November 3, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. CONSIDERATION OF THE ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2003 —1. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. - - Mr. Richard Pribyl, Finance Director, said the assessment was for the street improvement project in the Marion Hills neighborhood during 2003. The total assessed costs were $145,207.02 and � 134 properties were improved. It would be assessed at $11.83 per front foot, over a period of 10 years, at 6.5 percent interest. Staff recommended that the hearing be continued until November � 3, 2003, due to an error in the publication that appeared in the Sun Focus on October 9. The corrected notice was published on October 19. Staff received a written objection to the assessrnent from one owner at 1315 — 52"d Avenue N.E. MOTION by Mayor Lund to receive the letter from Ms. Karen Dorff, 1315 — 52"d Avenue N.E. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�TIMOUSLY. Councilmember Billings asked what the project included. Mr. Jon Haukaas, Public Works Director, said it included repair of the sanitary sewer and water mains; storm sewers; complete reconstruction of the streets including base, asphalt, and concrete curbs; restoration of the driveways; sodding and any other small parts involved with those items. � Councilmember Billings asked if the project had been completed. Mr. Haukaas said they had not finaled out the project. There were a few items left. ` Councilmember Billings asked what part of the project was being assessed to the property owners. Mr. Haukaas said the assessments were calculated on the installation of new concrete curb and gutter. Councilmember Billings asked if a hearing was held before the job was done. Mr. Haukaas said a hearing was held. Councilmember Billings said at that time it was estimated that it would be approximately $15.00 per front foot. Mr. Haukaas said they put together their estimated costs and raised them slightly higher and said not to exceed $15.00 per foot, so that property owners would have an idea of the cost. Councilmember Billings asked what the actual costs were for curb and gutter. Mr. Haukaas said $11.83 per foot. Councilmember Billings asked Mr. Haukaas if he had read the letter from the property owner at_ 1315 — 52"d Avenue N.E. Mr. Haukaas said he had. Councilmember Billings asked if the items the owners were complaining about had anything to do with the curb and gutter items. Mr. Haukaas said they did not. Councilmember Billings asked if there would be time within the contract to work with the property owner. � 0 FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 9 Mr. Haukaas said they could hold the contract open. Mr. John Dorff, 1315 — 52°d Avenue N.E., said he was at the meeting on behalf of his pazents, Paul and Karen Dorff. He said they had a reasonable concern that the levels of the driveway did not match and that damage could occur to the surface over time. He said the workmanship was not very good. The expansion joints in the middle of the driveway were not finished. There was crack in the driveway. If someone got hurt walking up their driveway, they would hold the City accountable for that. In part of the driveway, the cement was too thin and it ran downhill. When they pushed it up, it started to ripple so they pushed it as it started to cure. They are concerned that over the next couple of winters the surface will come off. They received a letter from Johnson & Sons which said they would not warranty their work. Councilmember Billings said that the public hearing was about the curb and gutter. He said their concern was with the portion of the driveway that was poured by the City's contractor. He said the City would take a look at that. If it was determined that it was substandard work and it needed to be replaced, the City would replace it before the contract was finaled out. Mr. Dorff asked what standards the City had for concrete work. Councilmember Billings said they followed State standards. Mr. Dorff asked if they would be contacted when this issue was addressed. Mayor Lund said this was a public hearing for the curb and gutter. He indicated they would be notified of the City's decision regarding the driveway. Councilmember Bolkcom said there would be an agenda item in the future on the final payment to the contractor, so there would be another opportunity. She asked if notices could be sent again. Mr. Pribyl said the notices that were previously sent had the November 3 date on them. MOTION by Councilmember Billings to continue the public hearing until November 3, 2003. Seconded by Councilmember Wolfe. _ UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. OLD BUSINESS: 13. RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2003 NUIS�:NCE ABATEMENT (TABLED OCTOBER 13, 2003). MOTION by Councilmember Bolkcom to table the resolution until November 3, 2003. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. RESOLUTION NO. 58-2003 ADOPTING THE ASSESSMENT FOR THE 2002 STREET IMPROVEMENT PROJECT NO. ST. 2002 —1 (TABLED.00TOBER 13, 2003)• MOTION by Councilmember Bolkcom to remove the resolution from the table. Seconded by Councilmember Wolfe. � UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. � Mr. Richard Pribyl, Finance Director, said this project was in the Edgewater Gazdens neighborhood. The assessed costs were $109,897.52 and 94 properties were involved. The assessed costs were $12.90 per front foot and the assessment would be for a period of 10 years at 6.5% interest. Staff recornmended Council's approval. MOTION by Councilmember Bolkcom to receive a letter dated October 15, 2003, to Mr. and Mrs. John Toedter from Mr. Jon H. Haukaas, Director of Public Works. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to receive a letter dated October 15, 2003, to Mr. Donald Holien and Mrs. Mary ReVoir from Mr. Jon H. Haukaas, Director of Public Works, Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked Mr. Haukaas to summarize Mr. Toedter's case. Mr. Jon Haukaas, Public Works Director, said Mr. Toedter had several questions about the assessment process and the public's involvement. It was determined that he had moved into his home after the public involvement had already occurred. Another question was where the assessment letter had been sent. They found out that the closing date and the date on which the pending assessments were certified was one day different and it may have been something that was missed by his closing company. In addition, there was some concern that some of the most recent notification of the final public hearings were sent to his prior address. They found that the Anoka County Recorder's Office still had the priar address listed as the property owner's address. He said they used the records at Anoka County for their mailings. Councilmember Bolkcom asked if he had spoken with Mr. Toedter. � � FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 11 Mr. Haukaas replied that he had not since the letter. Councilmember Bolkcom explained the normal process for an improvement project. Mr. Haukaas agreed and said there were several steps throughout the process. Councilmember Bolkcom asked if he had received a response to his letter. - Mr. Haukaas said he had not been contacted. _ Councilmember Barnette asked when Mr. Taylor closed on his home. Councilmember Bolkcom replied April 26, 2002. Councilmember Barnette asked if the closing company had a responsibility at closing to notify the buyer of the present assessments. Attorney Knaak said it would be one of the responsibilities of the closing company. Councilmember Barnette asked if that happened. Mr. Haukaas said he brought it to their attention. Councilmember Bolkcom asked if someone could call the City and ask for that information. NIr. Haukaas said they could. MOTION by Councilmember Bolkcom to adopt Resolution No. 58-2003. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. NEW BUSINESS: 15. PRELIMINARY PLAT REQiTEST, PS #03-07, BY MICHAEL NAIRE, PMJ GROUP, INC., TO REPLAT PROPERTY TO ACCOMMODATE A FOUR-iJNIT - TOWNHOME DEVELOPMENT, GENERALLY LOCATED TA 1215 NORTON AVENLTE N.E. (WARD 2). Mr. Scott Hickok, Community Development Director, said the PMJ Group made a request to replat property at 1215 Norton Avenue to create five separate lots in order to construct a four- unit, owner-occupied townhome building. This was the fourth plat submitted by Mr. Juaire for a townhome development on Norton Avenue. Mr. Juaire indicated that it would be his last plat request on Norton Avenue. The property was zoned as multi-family. The existing home and garage were constructed prior to 1949 and would be r�moved to accommodate the proposed FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 12 townhome development. City Code required that lots zoned R-3 multiple family have a minimum lot azea of 15,000 square feet for a four-unit building. The subject property was 17,419 square feet. The proposed development also met the setback and lot coverage requirements. He said it was a five-lot plat, with four lots for the four units and one for the area surrounding the townhouse development, which was owned in common by the four owners. Mr. Hickok said at previous Council meetings, there had been some discussion from neighbors regazding the zoning of Norton Avenue. The block was rezoned from R-1, Single Family, to R-3, Multi-Family in August, 1963. The petitioner, Mr. George Norton, said it was the only remaining residential portion of the area, and he wished to rezone the property so that the full value of the property could be obtained. The Comprehensive Plan designated the 2020 future land use for this area as redevelopment. The Norton Avenue block was categorized under Redevelopment Area No. 1 in the Comprehensive Plan. The redevelopment section did not specify that the area should be used for anything other than multi-family. The intent of the 1963 rezoning was to accommodate multi-family use in this neighborhood. The townhome developments were consistent with the decisions made by the City Council forty yeazs ago. Mr. Hickok said the City Code stated that construction hours were between 7:00 a.m. and 9:00 p.m., Monday through Friday; and between the hours of 9:00 a.m. through 9:00 p.m. on Saturdays and legal holidays. Any work done on Sundays was unlawful. A citation was issued to the developer and the contractor for Sunday work. Mr. Hickok said the Planning Commission recommended approval of the plat request with 14 stipulations which he outlined. Staff recommended approval of the preliminary plat request. Councilmember Barnette asked if the City or HRA had anything to do with the development of this area other than the rezoning forty years ago. He also asked if the City made any offers through the developer or anyone else in that regard. Mr. Hickok answered no. Councilmember Barnette asked if the homeowners of the properties acquired by Mr. Juaire were willing sellers and if there was any influence on the part of the City applied to the homeowners to sell. - - Mr. Hickok answered no. Mr. Matt Prater, 1215 Norton Avenue, said he was the homeowner and he was not coerced or pushed in any manner and was quite willing to sell his property to Mr. Juaire. Ms. Cindy Mabel, 1214 Norton Avenue N.E:, said she lived in the house directly across the street from the property. She said the only reason Mr. Norton came before the City Counci140 years ago was because they wanted to rent out the upstairs of the home. She did not think history should be rewritten in this manner. She asked why she did not receive written notice when the Comprehensive Plan was written in the fall of 1999 and approved in the spring of 2000. She FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 13 indicated she spent $12,000 to have repairs done on her house that she would have not spent had she known her house was in a redevelopment area. Councilmember working on the mail. Bolkcom asked if the Planning Commission held meetings when they were Comprehensive Plan. She said Ms. Mabel would have received a letter in the Ms. Mabel said she did not receive a letter. Mr. Hickok said a cazd was sent out. In 1996, the City was divided into planning districts, and the districts were defined by geographic parameters. He said they made a diligent effort to bring everyone involved into the process. Mayar Lund said he thought there were meetings held at the Community Center. Ms. Mabel said remembered those meetings, but she did not go. She wanted to know why after the Comprehensive Plan was written and after the decision was made that Norton Avenue was part of the redevelopment project the citizens were not informed. Mayor Lund said it was available to any resident to look at. He said the City tried to get the information out. Ms. Mabel said last February there were 10 houses, 11 double bungalows and an 8-plex on the street. If Council approved the request, there would be 3 single family houses, 11 double bungalows, an 8-plex and 22 townhouses. The Comprehensive Plan stated that the character of a neighborhood should be preserved. The area has totally changed. The trees are gone. There used to be big yards and modest houses. The trees will be removed across the street. They have had to put up with a tremendous amount of disruption. The power and water have been turned off twice. She lost telephone service for four days. There have been dirty roads, noise, and blocked driveways and mail boxes. Her yard waste was not picked up because the truck could not get to her yard. There were many calls to the Police Department. She had copies of seven police reports. Ms. Mabel said that at the Planning Commission meeting on October 15, 2003, _Mr. Hickok said that Mr. Juaire had one citation. NIr. Juaire was asked what he planned to do about the violation. He said that on September 12, he sent a fax to all of his subcontractors and told them not to break any City Codes. An incident occurred 16 days later in which a subcontractor stated he was not aware that they could not work on Sunday. She said that several police reports indicated that information was sent to Mr. Hickok. She asked why Mr. Hickok made the decision on who got a citation and why more had not been issued. It was her understanding that this developer got his license in Fridley on January 6, and it had to be renewed annually. She asked if his �icense would be renewed in January, 2004. Councilmember Wolfe asked if Mr. Hickok made the determination on citations. _ _. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 14 Mr. Hickok said there were different areas to the City Code. One of the police reports talked about violations of roadway equipment. A citation was issued at that time. The Police Department was not typically involved in the area of the building code or code enforcement outlined in Chapter 205 of the zoning code. They tried to gather as much information as they could and submitted it to his department and they made a determination of whether a violation had occurred. He said two citations had been issued for sheet rocking. - An abatement hearing was scheduled for November 13 for a sheet rock contractor and this developer. He was not the person who made the decision on the citations issued. He supervised the enforcement of Chapters 205 and 206 of the City Code. Councilmember Wolfe asked if Mr. Juaire was being fined for the violations Mr. Hickok said cita.tions would be issued. The fine would be determined by the Court. Through a recent amendment, he could be fined $1,000 per violation. Dr. Burns, City Manager, said there was also potential jail time. Mr. Hickok said there was up to 90 days. Councilmember Wolfe said something needed to be done. Councilmember Bolkcom asked if a citation would be issued to the subcontractor who was found working on Sunday. Mr. Hickok said he spoke with the police officer involved, and told him that the contractors could not work on Sunday at all. There was no special permit. He said a citation was issued to the sheet rock contractor. Councilmember Bolkcom said residents should not have to come up with dates to find out what police calls were made to a neighborhood. She asked if that was a simple process. Dr. Burns said they were having some difficulties pulling together all the different police ca11s. Mr. Hickok said that people were being asked to provide information to the Police Department on what day the police call was made because records are filed based on the incidents and the o�cer involved. If they wanted to know information involving Chapter 205 and 206, a request would be made through the City Clerk. The records in the two areas are cataloged in different ways. Councilmember Bolkcom said it should not be hazd to do a search. Councilmember Billings said the calls were filed by the address. If there was � report of an incident that happened on Norton Avenue, it would be hard to find information. Once the Police Department had the name of the complainant, they were able to pull up the reports. There had to be some reference point in arder to pull the report. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 15 Ms. Mabel said she had specific dates and times of some incidents and there were no police reports on file. She said the police were at the site on October 18 and 19. There was no police report for October 19. Mr. Knaak said that some of the confusion may relate to the Data Practices Act. An incident report may be part of a pending investigation that may not be public at that time, but may become public later. The classification of information between the two departments could be different. The Data Privacy Act sometimes forced the City to classify the same information - differently depending upon what department handled it. Mayor Lund said it may have been discretionary and the officer decided not to make a police report. Mr. Burns said he would look into this matter. Councilmember Wolfe asked if it would ultimately involve the main contractor. Mr. Hickok said they matched citations. If the sheet rock contractor got a citation, so did the developer. Councilmember Bolkcom asked if the developer's citations had anything to do with the plat request. She asked if a plat could be denied because there were any citations pending. Attorney Knaak said no. Mr. Michael Juaire, 9814 Pin Oak Avenue, Brooklyn Park, apologized and said he was not aware that there had been a problem. He said he would be speak with the drywall contractor and tell them that those individuals could not work at the site anymore. Mayor Lund asked about the damage that was done to the street by tractors that had steel cleats. Mr. Juaire said it was his understanding that Mr. Otteson inspected the street and there was no damage. The contractor made a bad decision, but there were no steel cleats on the tractor. Mayor Lund said there was a police report with photographs that alluded that there was some damage to the street and that the police o�cer did some follow-up reseazch. - Mr. Juaire said the contractor made a wrong decision and had not done it since. He said he was assured that the drywall contractor's mistakes would not be repeated. � Mayor Lund said they had a discussion about being neighborly and sympathetic to the concerns the residents had. It was an inconvenience to them especially when they could not get garbage picked up, contractors were parking in front of their mailboxes and there was noise at different hours. He said this was not the first time Mr. Juaire had been told. He was disappointed that Mr. Juaire had not been more considerate. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 16 Mr. Juaire said to his knowledge it was just the one contractor. Mayor Lund said they tapped into the water hydrant three times. Mr. Juaire said the third incident was by his direct subcontractor and he told him they could not do that. The first two were actually subcontractors of QWest. Councilmember Barnette said he drove to the site and there were some trucks there. He said he drove down to 1110 and 1124 Norton and noticed that there was no barrier. Mr. Juaire said agreed that there needed to be something there. Councilmember Barnette said he understood Ms. Mabel's concerns. As a contractor, the trucks needed to be there, but they had to be cognizant to where the trucks were. He said he respected the neighbors' viewpoint. Mr. Juaire said he did too and he assured Council that efforts would be increased. Councilmember Bolkcom asked how they prevented the telephone service and power from being disrupted. Mr. Juaire said the subcontractor for QWest was actually bringing main bundles of lines for the telephones. The reason the power was off was because the locates were off by four feet and someone hit a line. They stopped everything immediately and called the locate people. He said they would not be doing the same thing for 1215 Norton. Councilmember Bolkcom asked how they communicated to the residents when something like that happened. Mr. Juaire said the QWest subcontractors were not under his direction. He did not know this had happened until the next day. He said he would make changes to insure that there was better communication. Councilmember Bolkcom said it would make a big difference if they could let the residents know that something had happened and what was being done to solve the problem. Mr. Matt Prater said the matter was basically a replat. There were apartments behind the property, a duplex to one side and town homes on the other side. Before that it was a single family home that had been abandoned for over eight months. He said the townhomes did fit with the neighborhood. Ms. Pam Reynolds, 1241 Norton Avenue N.E., said there were issues that have been plaguing them since February and they see them continuing until things have been straightened out. She said that as each of the projects went forward, the previous project was not completed and finished. There was a cul-de-sac at the end of Norton Avenue which had three catchbasins which were cunently covered up. They could not turn around in the cul-de-sac. Ten feet had FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 17 been removed and the catchbasin was covered on both sides with gravel. The catchbasin at the back of the cul-de-sac was covered and was now about 10 feet from where it used to be. The garbage trucks and school buses could not turn around. That increased the number of vehicles turning around in their driveways. They had hoped that by bringing forth the citations, they might be able to revoke his license so that he could not build the fourth unit. She thought it was the contractor or developer's job to make sure that the contractors were hiring legal immigrants. At the last incident, the police officer indicated that one individual did not have identification. One gentleman indicated that he was in the country and working illegally. Dr. Burns said the incident was reported to the INS. Ms. Reynolds said that every day there seemed to be something else that needed to be taken caze of. She asked that Council make Mr. Juaire finish what he started and clean up the cul-de-sac. They would like their neighborhood back. Councilmember Barnette asked if prior to the construction of the townhomes, the school buses and garbage trucks were able to make the turn in the cul-de-sac. Ms. Reynolds said the special needs school bus was able to make the turn. A good ten feet of the circle had been removed. It was full of mud, dirt and gravel. Both catch basins were full of rock, dirt and sand. The other one that was on the opposite side was not there. There was a construction dumpster at the 1163/1165 Norton Avenue site and the residents of Norton Manor I were using that for their garbage. The dumpsters were allowed to become too full. She asked if someone from the City could police the job sites. She asked for a response to her question about the retention pond. Councilmember Barnette asked if it was a retention pond or detention pond. Ms. Reynolds said it was supposed to send the water away. It took 15 days of the pump running continuously, which was also a violation of the City Code, for it to be dry enough to put the piping in. It ran 15 days straight, much to the surprise of the Minnesota Pollution Control Agency on the amount of the water that was dumped into the creek that should not have been. The stipulations on the original Norton Manor project included landscaping. There was a certi _ficate of occupancy and people were living there, but it was not completed. _ Councilmember Barnette asked about the detention pond. He asked if it had an outlet. Mr. Jon Haukaas, Public Works Director, said the outlet went directly into Norton Creek. Councilmember Bolkcom asked how deep it was. Mr. Haukaas said he did not have the plans. Councilmember Barnette said on one end it was probably four or five feet and had rocks around it. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 18 Councilmember Bolkcom asked if there was a way for everyone to meet to discuss the issues. Mr. Hickok said they would be glad to do that. Mr. Burns addressed the City Attorney and said if there was a third citation violating working hours, what was the prospect for getting jail time for the defendant. Attorney Knaak said that would be up to the Court. If it were the intent of the City to pursue it aggressively, that could be a possibility. Mayor Lund said one or more of the neighbors had asked that the process be slowed down. He asked what the restrictions were under the 60-day rule and if the developer could be asked to hold off on the fourth project until he had demonstrated results on the other three projects. Attorney Knaak said if they tried to slow anything down, they risked an automatic approvai. The City had 60 days, once a complete application was received to take some kind of fmal action. The City could extend it an additional 60 days, automatically. If they failed to act within that period of time, it was automatically approved. The issues raised at the meeting were usually enforceable under the criminal code or under the terms of any applicable development agreement. It was not the kind of penalties that would imply an ability to stop a plat. It-was a separate procedure and separate process. Mayor Lund said they could add a stipulation. Attorney Knaak said that as a condition of a plat, they could not. Sometimes conditions could be added to a development agreement and made part of the overall package. Councilmember Bolkcom asked the developer if he would be agreeable to meeting with City staff and the residents. Mr. Juaire said he would willing to meet with City staff and the neighbors to address the issues individually. The occupants of the 8-plex had their own 60 or 90 gallon container from one of the local services. They were given a list of the providers for gas, electric, water, sewer and garbage. Councilmember Bolkcom asked if garbage trucks could get in. Mr. Juaire said they could. The road itself was built to street standards. He said he would talk to the residents about putting garbage into the dumpster. The wall around the retention pond was 3'/z feet per the spec. The size of the pipe in the retention pond was 16 inches. It was set above the base of the pond so that the pond would fill up to some point before going into the creek. City staff did not want a fence azound the retention pond because they thought if would be unsightly. The water that was pumped was clean ground water. After the call to the MPCA, he . was instructed to have tests done on the output. The results indicated there was no problem and no further action was needed. The catchbasins were covered with silt fence material and surrounded with rock to protect the storm sewer from run-off. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 19 Mayor Lund said the neighbors should not have to be policing and the taxpayers should not have to pay for policing. There have been a number of complaints and citations issued. He asked if Mr. Juaire was doina the property management. Mr. Juaire said he was the general contractor. MOTION by Councilmember Barnette to approve Preliminary Plat Request, PS #03-07, by Michael Juaire, PMJ Group, Inc., subject to the following fourteen stipulations: 1. The fmal landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit; 2. All landscaped areas shall have irrigation installed; 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit; 4. Columns shown on all elevations of the building plans shall be constructed using brick; 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance; 6. For architectural consistency, all windows on front elevations shall have shutters installed; 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit; 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit; 9. Individual services will be required for each unit; 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to a final plat; 11. All elements of the building shall meet the current building code and be approved by the City Building Official; 12. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits; 13. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed; and 14. A Development Agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING, AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED. 16. INFORMAL STATUS REPORTS: Councilmember Bolkcom mentioned that Springbrook Foundation was holding a fundraiser on November 15 at St. Phillip's Church. Councilmember Bolkcom said she would like to discuss the following items after the Council meeting: l. Andrew Cardinal's term on the Rice Creek Watershed District was up on January 17, and they were looking for people who would be interested in being considered; 2. Wanning houses. . Mayor Lund said that Pumpkin Night in the Park at the Springbrook Nature Center was a success. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 20 ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED. Respectfully submitted, Roberta Collins Secretary Scott J. Lund Mayor 0 0 CITY OF FRIDLEY PLANNlNG COMMISSION MINUTES NOVEMBER 5, 2003 CALL TO ORDfR: Chairperson Savage called the November 5, 2003, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Barb Johns, Brad Dunham Members Absent: Larry Kuechle Others Present: Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Tom & Dianna Marchiafava, 130 62"d Way NE Brett Bullock, Electric Motor Supply David Baillie, Furniture Outlets USA, Inc. Lee Coppy, Schoell & Madson Michael Diem, Archnet, Inc., 670 S. Broadway, Stillwater - - Richard Whinnery, Town Center Development LLC John Klick, Klick Interarch Design, 743 Brisbin St, Anoka APPROVE PLANNING COMMISSION MINUTES OF OCTOBER 15, 2003 MOTION made by Mr. Kondrick, seconded by Mr. Oquist, to approve the October 15, 2003, minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a resolution for Lot Split, LS #03-01, by the City of Fridley, to configure the parcels into two buildable lots, general(y located at Ely Street and Ashton Avenue MOTION made by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:35 P.M. Mr. Bolin stated that, along with the Ci�y of Fridley, Tom & Dianna Marchiafava, 130 62"d Way NE, are the petitioners of this lot split request. The Marchiafavas own finro 30- foot wide lots at 130 Ely Street. These lots are not buildable as they do not meet the City's lot width requirement of 75 feet. The City owns a 60-foot wide buildable lot next to the Marchiafavas' lots, which has frontage on both Ely Street and Ashton Avenue. The Marchiafavas have proposed splitting their property and the City's property into two buildable lots fronting on Ashton Avenue by swapping the property necessary to leave each party with a buildable lot. r � Plannin� Commission Meeting, November 5, 2003 Pa e 2 Mr. Bolin stated the Marchiafavas have proposed that they and the City split the lots north to south, and-the City would give up the north half of its lot in exchange for the southern half of the`Marchiafavas' two lots. The Marchiafavas would have a lot that is 100 feet wide along pshton Avenue and 12,000 square feet in size. The City would have a lot that is 107 feet wide along Ashton Avenue and 12,840 square feet in size. Both these lots have the exact same buildable area. Lot B is a little bit larger because of the additional setbacks needed for a double frontage lot. Mr. Bolin stated staff recommends approval of the lot split request with stipulations. The lots do exceed the minimum lot size requirements, are both zoned R-1, Single Family, and would provide an opportunity to gain two single family homes in Fridley. If the lot split request is approved, staff recommends the following stipulations: 1. All necessary permits shall be acquired prior to construction. 2. Grading and drainage plan shall be approved the City's Engineering staff prior to issuance of any building permits in order to minimize impacts to the surrounding properties. 3. The property owner of record at the time of building permit application shall pay the required park fees prior to issuance of building permits. 4. The property owner of record at the time of building permit application shall pay all water and sewer connection fees prior to issuance of a building permit. Ms. Savage asked the petitioners if they had any problems with the stipulations. Mr. Tom Marchiafava stafed they have no problems with the stipulations. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:39 P.M. Mr. Kondrick stated he had no problems with this lot split request, assuming the petitioners comply with the stipulations recommended by staff. - Ms. Savage agreed. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Lot Split, LS #03-01, by the City of Fridley and Tom & Dianna Marchiafava, to reconfigure the parcels into two buildable lots, generally located at Ely Street and Ashton Avenue, with the foilowing stipulations: 1. All necessary permits shall be acquired prior to construction. 2. Grading and drainage plan shall be approved the City's Engineering staff prior to issuance of any building permits in order to minimize impacts to the surrounding properties. 3. The property owner of record at the time of building permit application shall pay the required park fees prior to issuance of building permits. � Planning Commission Meeting, November 5, 2003 Fage 3 4. The property owner of record at the time of building permit application shall pay all water and sewer connection fees prior to issuance of a building permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAG1��E DECLARED THE MOTION CARRIED UNANIMOUSLY. : Ms. Savage stated this item will go to City Council for final action on November 24. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-18, by Electric Motor Company, to allow for limited storage, generally located at 4650 Main Street NE MOTION made by Ms. Johns, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNAMIMOUSLY, AND THE PUBLIC HEARING OPEN AT 7:40 P.M. Ms. Stromberg stated the petitioner, Brett Bullock, Manager of Electric Motor Supply, is requesting a special use permit to allow limited outdoor storage at his business located at 4650 Main Street NE. He is requesting storage in the rear yard of the property for electrical equipment such as switch gear, electrical distribution panels, large electric motors, and dry type transformers. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial. The properties to the west, south, and north are also zoned M-2, Heavy Industrial. The property to the east is zoned R-1, Single Family. - � - Ms. Stromberg stated the City Code allows limited outdoor storage in an industrial district with a special use permit, as long as nine specific code requirements are being met. Those specific requirements relate to height, screening, parking, amount of outdoor storage, and the types of materials allowed to be stored outside. The petitioner is meeting or exceeding all those requirements. The petitioner has stated that he will be putting slats in the fence at the south entrance to allow proper screening of the storage area. Ms. Stromberg stated staff recommends approval of the special use permit as limited outdoor storage is permitted with a special use permit. Staff also recommends the following stipulations: . 1. The petitioner is responsible for screening the limited outdoor storage area in order to comply with code requirements by June 1, 2004. 2. No outdoor storage other than the storage of items used for this business. Ms. Savage asked if staff had received any calls about this request. Ms. Stromberg stated staff has not received any calls. Mr. Brett Bullock, the petitioner, stated he has no problems with the stipulations. MOTION by Mr. Kondrick, seconded by Ms. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:44 P.M. �� Planning Commission Meeting, November 5, 2003 Page 4 The Commissioners had no problems with this special use permit request. MOTION by Ms. Johns, seconded by Mr. Oquist, to recommend to`City Council approval of Special Use Permit, SP #03-18, by Electric Motor Company, to allov�t:fa��limited storage, generally located at 4650 Main Street NE, with the following stipula#ion�: -- 1. The petitioner is responsible for screening the limited outdoor storage area in order to comply with code requirements by June 1, 2004. 2. No outdoor storage other than the storage of items used for this business. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE-DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this item will go to City Council for final action on November 24. 3. PUBLIC HEARING: Consideration of a Zoning Text Amendment, ZTA #03-01, by Furniture Outlets USA, Inc., Inc., to add language to the code for furniture use parking requirement (to require a furniture store use to have one parking stall for every 400 square feet of showroom space), generally located at 5353 East River Road NE 4. PUBLIC HEARING: Consideration of a Specia( Use Permit, SP #03-19, by David Baillie, Furniture Outlets USA, Inc., to increase the lot coverage from 40 percent to 50 percent; generally located at 5353 East River Road NE --� ` MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public he�ing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:46 P.M. Ms. Stromberg stated her presentation will include the analyses of Zoning Text Amendment, ZTA #03-01, and Special Use Permit, SP #03-19, by Furniture Outlets USA. Ms. Stromberg stated Mr. David Baillie of Furniture Outlets USA is requesfing a zoning text amendment to add language to the code which would allow a furniture store use to have one parking stall for every 400 square feet of showroom space. Furniture Outlets USA is also requesting a special use permit to increase the lot coverage requirement from 40% to 48% to expand the existing building at 5353 East River Road to be used as additional fumiture warehouse space. Ms. Stromberg stated Fu�niture Outlets USA has purchased the building at 5353 East River Road (formerly Wickes) and is planning to use the building for an Ashley Fumiture Sto�e and warehouse. The property is zoned M-2, Heavy Industrial, as are all surrounding properties, and receives access from the East River Road Service Road. The existing 141,986 square foot building was constructed in 1971. � Zoning Text Amendment Ms. Stromberg stated the petitioner is requesting the zoning text amendment from the general retail requirement of 1 stall for every 150 square foot because of the very low parking demands � Planning Commission Meeting, November 5, 2003 Page 5 of furr�iture stores. Currently, the City Code requires that all retail uses meet a 1 parking stall for every 150 square feet of retail space. The proposed showroom including the clearance area, is 47,200 square feet. Current code requires the petitioner to have 315 parking stalls. The petitioner is requesting to change that requirement and use the 1 to 400 square foot ratio for furniture store usage only which would only require 118 parking stalls. Using the 1 to 400 square-foof ratio versus the 1 to 150 square foot ratio for general retail would reduce the amount of required parking stalls by 197 stalls. Ms. Stromberg stated that in order to prepare the zoning text amendment, Ashley Furniture and Furniture Outlets USA completed an internal parking study of their 14 Midwest stores. The study required that the store managers make field observations on a hourly basis over a seven day period-to see how many parking stalls were being occupied. The stores surveyed ranged from 11,250 square feet to 89,000 square feet in retail space. The required City parking ratios for the cities in which their other stores are located range from 1 space for every 1,000 square feet of retail space to 1 space for every 250 square feet of retail space. The research found that hourly parking counts ranged from 0 cars to a maximum of 76 cars which was at the Albertville store on a Saturday at 5:00 p.m. The Albertville store is 53,000 square feet in size. Ms. Stromberg stated the research of the 14 Midwest stores showed that a ratio of 1 parking stall for every 400 square feet of furniture retail space was more than adequate to accommodate customer and employee parking. Ms. Stromberg stated the petitioner also hired RLK Kuusisto, Ltd., a private engineering and planning firm, to do a parking analysis. The analysis focused on the total parking demand for the store and is estimated based on data contained in the Institute of Transpo�tation Engineers' (ITE) P�rking Generation Table as well as data provided by Furniture Outlets USA's 14 stores. RLK reviewed trip generation and parking demands to determine the highest hourly traffic demanctfor a facility of this kind using the methodology of the ITE. The study indicated that in the PM peak hour, this site is estimated to generate approximately 20 trips which is equal to 10 cars. The ITE also recommends that furniture stores provide one-half of a parking space for every 1,000 square feet of gross floor area. The proposed retail space is 47,200 square feet which, according to the ITE requirements, would require 57 parking spaces. Ms. Stromberg stated the petitioner also surveyed a number of communities in the metro area to determine their parking requirements for furniture retail uses. City staff surveyed cities in the metro area as well as cities around the United States. Of the 22 cities surveyed by the petitioner and City staff, 16 had specific parking requirements for furniture sales uses that require 1 parking stall for every 400 square feet or more of furniture retail space. Some of the neighboring communities that fall into that category are Blaine, Coon Rapids, Maple Grove, Osseo, Plymouth, Robbinsdale, Roseville, and New Brighton. Ms. Stromberg stated that if the zoning text amendment is granted, the property will be in compliance with all zoning code requirements. Showroom space is 47,200 square feet which requires 11 � parking stalls at 1 stall per every 400 square feet. Existing warehouse space is 94,786 square feet and proposed warehouse space is 46,336 square feet which requires 71 parking stalls. Total parking stalls required on this site is 189 stalls. The petitioner shows 190 sta�ls on the site plan; therefore, the site is in compliance with parking requirements. Ms. Stromberg stated staff recommends approval of the zoning text amendment based on the Institute of Transportation Engineers' analysis and the survey done of other cities' requirements. 5 Planning Commission Meeting, November 5, 2003 Page 6 Special Use Permit Ms. Stromberg stated the petitioner is also requesting a special use permit to increase the lot coverage requirement from 40% to 48% to expand #he existing building for additional furniture warehouse space. The existing property is 39�,.468 square feet, and the existing building is 141,986 square feet which meets the allowa6le 40%0 lot coverage requirement. The petitioner plans to construct an additional 46,336 square feet of warehouse space which increases the lot coverage to 48%, therefore, requiring a special use permit. Ms. Stromberg stated that a special use permit may be granted as long as the property is meeting all other code requirements. All landscaping, setback, and storm water management requirements are being met. The only requirement that isn't being met is the parking requirement. Granting the zoning text amendment would bring the property into compliance. Ms. Stromberg stated staff recommends approval of the special use permit request as an increase in lot coverage for a one story building from 40% to 50% is a permitted special use in the M-2 zoning district, provided all other code requirements are being met and subject to the following stipulations: 1. The petitioner shall obtain all required permits prior to the start of construction. 2. Final landscape plan showing size of plantings shall be submitted and approved by City staff prior to issuance of a building permits. 3. The parking lot shall be restored to code requirements for paving, curbing, and painting after the addition is completed. 4. No outdoor storage of equipment or materials is permitted. 5. Screening of rooftop mechanical eq�ipment shall be required. 6. The petitioner shall comply with all building, zoning, and fire code requirements. Mr. Kondrick asked if staff believes that there will be enough parking stalls for people who come to look at and buy furniture. Ms. Stromberg stated staff believes there is adequate parking. Ms. Johns stated that since the building was built in 1971, are ponding requirements that may have changed over the years still being met? Is there a pond there now, or witl one have to be constructed? Ms. Stromberg stated the petitioner will have to comply with all existing zoning, building, and fire cod requirements. The petitioner will be constructing a pond at the rail spur. Mr. Kondrick asked if the parking stalls are the required 10 foot width. Mr. Paul Bolin stated the parking stalls are 10 feet wide. Mr. David Baillie, Furniture Outlets USA, Inc., stated they have a Ashley Home Store in Albertville and in North Branch, a furniture outlet store in North Branch, and three other proposals in the metro area, one in Shakopee, one in Maplewood, and one in Woodbury. This Fridley store would be servicing a number of those other stores. Their Medford, Minnesota, store is the largest store at about 224,000 square feet. Ms. Savage asked Mr. Baillie if he had any problem with the stipulations recommended by staff. � Planning Commission Meeting, November 5, 2003 Page 7 Mr. Baillie stated he had no problem with the stipulations; however, regarding the parking stall widths, he believed they are 9 feet wide on the plan. Mr. Lee Coppy, Schoell & Madson, the civFl engineer on the project, stated the parl�ing stalls as proposed on the submitted plan are 9 feet wide. The reason for the 9 foot wide stalls is,��y . have a customer pickup area at the rear of the building so there is no loading/unloacting ir� the front parking lot. Those front stalls would just be customer parking. Mr. Bolin stated the parking stalls need to be 10 feet wide. That is required by the City. He believed that there is enough room on the site to accomplish adding one foot for every stall width. Mr. Michael Diem, Archnet, Inc., stated he is the architect who prepared the site plan. By going to 10 foot wide stalls, he believed they would lose 10-15 stalls. They would lose a partial stall on every row, but they are pretty much maxed at 190 stalls right now. So, going to 10 foot wide stalls would bring them under the 189 parking stall requirement. Maybe there is a different parking ratio than 140 that could be considered. Even if they lost 10 stalls, they believe they would still have a lot more stalls than they need. According to all the studies they have done, even 1 to 500 square feet would be adequate. How does the City want to handle this? Mr. Bolin stated that since the building is in an industrial district, it may be possible to have�-- some 9 foot stalls on this site. Mr. Kondrick stated the 9 foot wide stalls would be for employee parking. How many employees will there be? -- Mr. Diem stated that with total staff, there would be around 80 employees. The retail store will be open 10 a.m. — 9 p.m. Monday through Friday, Saturday and Sunday hours are usually �0 a.m. to 6 p.m. The customer pickup would be operating every day. Deliveries would not be every day. With a total of 80 employees, there would probably be around 50-60 at any one point in time. Mr. Diem stated that if they only have to put in 10 foot wide stalls in the triangular area to the east which is mostly customer parking, and the rest can stay at 9 feet for the employees, they may only lose about 5-8 spaces. Mr: Bolin stated staff will work with the petitioner on the parking stalls. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:10 P.M. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend to City Council approval of . Zoning Text Amendment, ZTA #03-01, by Furniture Outlets USA, Inc., Inc., to add language to the code for furniture use parking requirement (to require a furniture store use to have one parking stall for every 400 square feet of showroom space), generally located at 5353 East' River Road NE UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7 Planning Commission Meeting, November 5, 2003 Page 8 MOTION by Ms. Johns, seconded by Mr. Dunham, to recommend to City Council approval of Special Use Permit, SP #03-19, by David Baillie, Furniture Outlets USA, Inc., to increase the lot coverage from 40 percent to 50 percent, generally located at 5353 East River Road NE, with the - following stipulations: - 1. 2. � 4. 5. 6. The petitioner shall obtain all required permits prior to the start of construction. Final landscape plan showing size of plantings shall be submitted and approved by City staff prior to issuance of a building permits. The parking lot shall be restored to code requirements for paving, curbing, and painting after the addition is completed. No outdoor storage of equipment or materials is permitted. Screening of rooftop mechanical equipment shall be required. The petitioner shall comply with all building, zoning, and fire code requirements. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated these items will go to City Council on November 24 for final action. 5. PUBLIC HEARING: Consideration of a Rezoning, ZOA #03-03, by Town Center Development, LLC, to rezone property from C-2, General Business, C-1, Local Business, M-1, Light Industrial, and CR-1, General Office, to S-2, Redevelopment District, to accommodate redevelopment, generally located at 1281 Mississippi Street NE, 6490, 6400, 6352, and 6300 Central Avenue NE, and 1271 East Moore Lake Drive NE 6. PUBLIC HEARING: Consideration of a Plat, PS #03-08, by Town Center Development, LLC, to construct a senior housing development, generally located at 1282 Mississippi Street NE and 6490 Central Avenue NE MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 8:12 P.M. Mr. Paul Bolin stated Town Center Development is requesting finro land use actions to construct 55 senior owner-occupied condominium units at 6490 Central Avenue. A plat is being requested to create two new parcels from 1282 Mississippi Street (currently the Tamarisk House) and 6490 Central Avenue (currently Sandee's Restaurant), and the vacant lot just south of Sandee's. Sandee's Restaurant will occupy one parcel, and the other parcel will allow for the construction of the 55 senior owner-occupied condominiums Mr. Bolin stated the petitioner is also requesting a rezoning for the west side of Central Avenue between Mississippi Street and East Moore Lake Drive to S-2, Redevelopment District. Currently, there is a mix of commercial and industrial zones. The owners of Advance Companies, Ziebart, and the Housing & Redevelopment Authority have agreed to this rezoning request. Mr. Bolin stated Town Center Development is proposing to construct a 4-story, 55-unit senior owner-occupied condominium complex south of Sandee's Restaurant. Sandee's Restaurant will remain but will be remodeled. The proposed 55 2-bedroom units will be owner-occupied. Thirty- : Planning Commission Meeting, November 5 2003 Pa e 9 one of the units will be 1,138 square feet, eight of the units will be 1,185 square feet, and 16 units will be 1,255 square feet. The development will include 51 underground parking stalls, four garage stalls, and additional surface parking. A storm pond will be located on the south end of the project with a trail systerrr�arrd iandscaping surrounding the property. Mr. Bolin stated the outdoor dining partion of Sandee's will be removed. As part of the plat request, Anoka County has requested that the petitioner give the County 30 feet of additional right-of-way along Mississippi Street and 10 feet of additional right-of-way along Central Avenue for future improvements. Mr. Bolin stated that in 1991, Tom Brickner requested a rezoning of the vacant p�operty located just south of Sandee's Restaurant and west of Central Avenue from C-1, Local Business, and C-2, General Business, to R-3, General Multiple Family Dwelling, to allow multi-family dwellings. That rezoning would have created a stand-alone island of R-3 zoning surrounded by commercial and industrial properties. That request was denied based on the fact that it was spot zoning. Rezoninq Mr. Bolin stated the petitioner is reqoesting a rezoning for the entire block on the west side of Central Avenue befinreen Mississippi Street and East Moore Lake Drive to S-1, Redevelopment District. Of all the parcels, the only parcels that are proposed to be redeveloped are 1282 Mississippi Street and 6490 Central Avenue; the others will remain as they exist today. Mr. Bolin stated the City's Zoning Ordinance and official Zoning Map are the mechanisms that help the City achieve the vision� t�id-�t in the Comprehensive Plan. The City has the authority to rezone property from one designated use to another as long as the zoning is in conformance with the Comprehensive Plan developed with resident input befinreen 1998 and 2000. The proposed senior owner-occupied condominium complex and rezoning meet several of the objectives the residents of Fridley identified in the visioning sessions for the Comprehensive Plan. The area of Central Avenue befinreen Mississippi Street and Rice Creek Road was identified as an area for future redevelopment. Mr. Bolin stated the Comprehensive Plan specifically states that for this portion of Central, "consideration should be made to replacing the current mix of single family residential and commercial uses with higher density residential development that together with the health club may serve as an attracfive residentia! location for move-up housing�'. The Comprehensive Plan also states that for projects in these redevelopment areas, requiring rezoning to the S-2 zoning designation "would be the appropriate zoning district to imp/ement for the redevelopment project. The intent of the district is to provided the City with site plan review authority to determine if the proposed project meefs the goals and objectives of the City's Comprehensive and Redevelopment Plans." Mr. Bolin stated that as Fridley's residents continue to age, demand will increase for°empty nester" and senior housing. The proposed project will meet some of the current demand for those seniors seeking alternatives to their current housing types. Mr. Bolin stated staff recommends approval of the rezoning request and the accompanying site plan for the senior building and Sandee's site as the proposed rezoning is consistent with the Comprehensive Plan and provides additional housing opportunities for Fridley seniors. Staff also recommends the following stipulations: �� Planning Commission Meeting November 5 2003 !'�ge 10 1. The property shall be developed in accordance with site plan, sheet C2-1 dat�cz : 3c�ber 29, 2003, by Loucks McLagan Engineering firm. 2. The petitioner shall obtain all necessary permits prior to construction. 3. The petitioner shall meet the attached comments fre��the Fire MarshalL 4. The petitioner shall meet all building and ADA require�;ae�z5. 5. Exterior remodeling plans for Sandee's shall be review�d and approved by Ci��F "� prior to issuance of a building permit. 6. The patio on the north side of Sandee's shall be removed prior to issuance of f= ,-.: �ing permit for the senior complex. 7. The petitioner shall provide a clearance letter from the State Historical Preser��i:.. :�ffice prior to the demolition of the Tamarisk building. 8. The existing Sandee's signs in the right-of-way shall be �emoved prior to issua��°. :>f a building permit. 9. No business signs shall be located within the County right-of-way. Any plantinc� �A- `�� the right-of-way shall be approved by the Counry prior to planting. 10. The petitioner shall obtain a permit from Anoka County for any work done within t��c; County right-of-way. 11. Restoration of the bike path along Central Avenue will be required afte� compf��z �, ;: the senior complex. 12. The petitioner shall identify the ponding area and provide easements for storm ��E�. < run- off and management. 13. A storm pond maintenance agreement must be filed prior to issuance of buildir�,., � eis. 14. The petitioner shall obtain any required NPDES permit and provide NURP por�d�� .., entire site. 15. The City Engineering sta�f shall review and approve a grading and drainage plan ��t�f to issuance of building permits. '-- 16. The landscape plan shall be reviewed and approved by City staff prior to issuan�� ,� <� building permit. �- 17. The petitioner shall pay any required park dedication fees. 18. The petitioner shall provide the City with a copy of the buildings' association d�:�F. �_. prior to issuance of a building permit. 19. The building shall be restricted to seniors, and policies to do such shall be o��l4E°°�f�� `� association documents. 20. The petitioner shall provide proof that any existing wells or individual sewag� f�°. systems located on the site are prope�ly capped or removed. 21. The property owner of record at the time of building permit application shall p�� :� ��- � - and sewer connection fees prior to issuance of a building permit. 22. The petitioner shall provide a traffic study that is approved by the County pric?N ,, of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements itc;�•c .:,� accommodate the traffic generated by the development including signalizatic��: � improvements, if determined necessary to Anoka County. 24. A development agreement outlining the developer's obligation to install utilifi�f:. be prepared by the City and shall be signed by the petitioner �rior to final �f�: i F; Plat Mr. Bolin stated Town Center Development, LLC, is also requesting to replat the �.}i � located at 1282 Mississippi Street and 6490 Central Avenue to create the separ�t� �� ::. necessary to accommodate Sandee's Restaurant and the senior condominium de�E>�: ;:. Proposed Lot #1 where Sandee's is located is currently zoned C-1, Local business, �.. �� General Business, and is 24,500 square feet. That exceeds the minimum lot area fc�� `` ..'... lT�� Planning Commission Meeting November 5 2003 Page 11 General Business district. Sandee's lot would also meet all the parking requirements for size and for a restaurant use. Mr. Bolin stated that in terms of the plat, Anoka County has reviewed the proposed project and has asked for additional right-of-way along Central Avenue and Mississippi Street. They figure a _ `'" `120 foot right-of-way will be required for both Central Avenue and Mississippi Street at the ''�' intersections to provide the necessary turn lanes for future safety and operational purposes. Consequently, the dedication needs for this site are 30 feet adjacent to Mississippi Street and 10 feet adjacent to Central Avenue. The Counry is requesting that those rights-of-way be dedicated on any plat. Due to the necessity of the right-of-way acquisition along both County roads, the Sandee's Restaurant building will be less than one foot from the north property line, three feet from the east parking line, and the parking setback will be five feet from the no�th property line. The additional land acquisition will require the petitioner to remove the existing patio/outdoor dining area from the no�th side of the building. Due to the flexibility allowed in the S-2 district, the diminished setbacks can be recognized as part of the rezoning master plan approval. Mr. Bolin stated Lot #2 is 126,075 square feet in size. The petitioner is proposing to construct the 55 senior owner-occupied condominium units on that site. Because of the underground parking and the high water table in the area, the height of the building will be 51 feet at the midspan. The parking setback will be 10 feet from the property line on the east side of the property, due to the additional right-of-way being acquired by the County. Mr. Bolin stated that regarding traffic, staff had discussions with Jane Pemble, Anoka County Traffic Engineering Manager, examined the Institute of Traffic Engineer's Trip Generation, - consulted the Transportation chapter of the City's Comprehensive Pian, and reviewed the traffic study supplied by Loucks & Associates. Mr. Bolin stated Jane Pemble has told City staff that the County currently has no plans or has allocated any funding to reconstruct, provide safety improvements, or signalize the Central Avenue/Mississippi Street intersection. Political and social pressures may determine when the intersection is reworked, and it is not clear whether or not this proposed development will have a significant impact on traffic volumes and/or turning movements. Mr. Bolin stated the Institute of Traffic Engineer's Trip Generation manual does not have a specific category for senior residential townhomes. Staff reviewed the generation numbers for residential condominiums which are not age specific. Seniors may have very different driving habits so the Trip Generation manual should be viewed as a wo�se-case scenario in the number of trips generated by the proposed development. Mr. Bolin stated the Trip Generation manual states that each unit in a residential condominium generates 5.85 trips per day. (A trip means any time a vehicle enters or leaves the site.) With 55 units, a total of 322 vehicles could enter or leave the complex per day. In analyzing the data by time, the impact of these vehicles on surrounding roadways is negligible. During the morning rush hours of 7-9 a.m., an additional 24.5 vehicles are entering or leaving Central Avenue from the proposed senior condominium development. During the afternoon rush hours of 4-6 p.m., an additional 30 vehicles are entering or leaving the proposed senior condominium development. Again, these numbers are not age specific. Mr. Bolin stated that in 2001 in the Transportation Chapter of the City's Comprehensive Plan, the portion of Central Avenue adjacent to the proposed senior condominium development carried 8,000 vehicles per day and, at this traffic level, was only carrying 57% of the traffic for 11 Planning Commission Meeting, November 5, 2003 Pa e 12 which the roadway was designed to function at a Level of Service D. D is considered the middle ground. The Comprehensive Plan anticipates Central Avenue carrying over 10,000 vehicles per day by 2020, based upon increases in population for Fridley and surrounding communities, as well as redevelopment and reinvestment within Fridley. At 10,000 vehicles per day, Central Avenue would be carrying 71 % of the maximum amount of traffic for which the roadway was designed. Mr. Bolin stated Town Center DevelopmenYs engineering consultants, Loucks & Associates, provided the City with numbers for RETIREMENT COMMUNITY out of the Trip Generation manua� and determined that a retirement complex would generate approximately 165 trips per day. As the condominiums are available for those over 55, a number of residents may still be working:and the retirement community numbers may be low. The true number of trips per day more likely falls befinreen the 165 trips per day and the 322 trips per day. Mr. Bolin stated that City staff recommends approval of the preliminary plan with the following stipulations: 1. The property shall be developed in accordance with site plan, sheet C2-1 dated October 29, 2003, by Loucks McLagan Engineering firm. 2. The petitioner shall obtain all necessary permits prior to construction. 3. The petitioner shall meet the attached comments from the Fire Marshall. 4. The petitioner shall meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's shall be reviewed and approved by City staff prior to issuance of a building permit. 6. The patio on the north side of Sandee's shall be removed prior to issuance of a building permit for the senior complex. 7. The petitioner shall provide a clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. The existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business 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. 10. The petitioner shall obtain a permit from Anoka County for any work done within the County right-of-way. 11. Restoration of the bike path along Central Avenue will be required after completion of the senior complex. 12. The petitioner shall identify ponding area and provide easements for storm water run-off and management. - 13. A storm pond maintenance agreement must be filed prior to issuance of building permits. 14. The petitioner shall obtain any required NPDES permit and provide NURP ponding for entire site. 15. The City Engineering staff shall review and approve grading and drainage plan prior to issuance of building permits. 16. The landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 17. The petitioner shall pay any required park dedication fees. 18. The petitioner shall provide the City with a copy of the buildings' association documents prior to issuance of a building permit. 19. The building shall be restricted to seniors, and policies to do such shall be outlined in association documents. 20. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 12 Planning Commission Meetinq, November 5 2003 Paqe 13 21. The property owner of record at the time of building permit application shall pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner shall provide a traffic study that is approved by the County prior to issuance of a building permit. --- - 23. The petitioner shall be responsible for tkje-•cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A development agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the petitioner prior to final plat approval. Mr. Saba stated 120 feet of right-of-way is needed by the County in the future, 30 feet of which will come from the petitioner's property now. Vlfhere will the rest of the right-of-way come from, and will that be tied to stipulation #23 Mr. Bolin stated any additional right-of-way acquisition outside of this site would not be related to stipulation #23. That stipulation gives the County a lot of discretion to what they would require if these 55 units gravely impact that intersection. And, yes, additional right-of-way could be taken from the petitioner somewhere down the road. Mr. Saba stated that the bikeway/walkway path is going to be restored after construction. Will that right-of-way impact the bikeway/walkway path in any way? Mr. Bolin stated the bikeway/walkway is currently located within the right-of-way, and the additional 10 feet should accommodate a bikeway/watkway or sidewalk in addition to whatever is needed for an additional tum lane. _ Mr. Saba asked if the additional right-of-way takes into account any future or unknown plans for any future development. If there is more development in the future, will more right-of-way be needed? Mr. Bolin stated that any time the County has an opportunity to get additional right-of-way for something that may happen in the future, they can obtain that property now by demanding it through a plat. Mr. Saba asked Mr. Bolin to explain S-2 zoning to the Commission members and those in the audience. Mr. Bolin stated the S-2 zoning district itself functions similar to what some cities refer to as a "planned unit development° where, rather than applying for a strict rezoning, there is some °give & take° through the S-2 rezoning. The S-2 allows for some flexibility in approving a master plan for the site and allows a lot of discretion for the Planning Commission and City Council in approving that master plan. Mr. Kondrick asked where other S-2 zoning has been used in the City of Fridley. Mr. Bolin stated that S-2 zoning has been used for the Medtronic international headquarters, the Gateway East project, and Christenson Crossing. Ms. Johns stated that when an area has become redeveloped within an S-2 district, does the district ever become rezoned to what the development actually is? 13 Planning Commission Meeting, November 5 2003 Page 14 Mr. Bolin stated the area stays S-2. In the event a building is proposed to be used for a different use, the developer would need to come before the Planning Commission and City Council witt� a master plan amendment. At that time, the Planning Commission would hold a public �iearing, take input from the public, and then the Planning Commission and, ultimately, the Cit}��ouneil` would determine if that change should be allowed to happen in that S-2 district. Mr. Saba asked if the Tamarisk house is on the National Historic Register. Mr. Bolin stated City staff has requested the petitioner to get a letter from the Historic Preservation Officer for clearance to tear down the house. The petitioner has to prove to the City that it is not Gsted on any historic register, and that the building should be saved. Mr. Saba asked if there was any wisdom in demolishing a site that is a historic landmark in Fridley. Maybe an effort should have been made to preserve that piece of property. Mr. Bolin stated that would be a policy decision that would need to come from the Planning Commission or the City CounciL Mr. Richard Whinnery stated he is one of the owners of Town Center Development. Ms. Savage asked Mr. Whinnery if he had any problems with the stipulations. Mr. Whinnery stated he did not. To add some information on the Tamarisk house, theyfound out it was moved to its current site. It wasn't originally built there. They do not plan to tear it down; it will be moved, possibly within the City of Fridley. Mr. John Klick, Klick Interarch Design, the architect for the project, showed a power point presentation of what the development would look like. Mr. Kondrick asked approximately how far the condominium building is from Central Avenue? Mr. Klick stated it is about 80 feet from Central Avenue. Ms. Paula Granroos, 1114 63`� Avenue, stated everyone has talked about the intersections of Mississippi Street, Central Avenue, and Rice Creek Road, but no one has said anything about how this development will affect the two little blocks off Mississippi Street-Dellwood Drive, Pierce Street, and 63`� Avenue. She is really concerned about additional traffic on her street,° 63`" Avenue. At the west end of 63`� Avenue is the Fridley liquor store, and they already have a lot of traffic going to the liquor store. So, she is concemed about how this new development will affect the traffic on these streets. Mr. Tim Byrne, 6053 Woody Lane, stated he was initially worried about the traffic. To go to work in the morning, he has to take a left from Hillcrest Drive onto Central Avenue which can be dangerous. Because there are no traffic lights and because the traffic is constant, it is very difficult. It would be beneficial to have some kind of controlled traffic light at Rice Creek Road & Central or Mississippi Street & Central, or perhaps even at Gardena and Central to break up th� traffic. The parking lot at Moore Lake Beach is also a parking lot for Totino Grace students. Students park there and walk up Gardena to the school. He realized these are county roads, b�� why couldn't the City put on a little bit of pressure for some signalization? Mr. Byrne stated there is another developer buying properties along 64`h Avenue, Central Avenue, and Mississippi Street. So, this proposed development is just the beginning. 14 Planning Commission Meeting, November 5, 2003 Page 15 Mr. Byrne stated that with the S-2 zoning, what is to stop the owners of the properties south of the proposed development from selling their properties for another 100 unit development. The HRA property is not designated for any purpose at this time. Just with the proposed project alone, imagine in-a-r�eighborhood of single family homes that every house is tumed into a 4- plex. That is the `kind �f traffic they would have. Even though staff is saying that the affects of traffic is negligible, common sense says differently. Mr. Byrne stated that regarding the parking, what senior is going to want to scrape ice off his/her car? The proposed one covered parking stall per unit is unacceptable. He has contacted other senior developments, and the average is 1.5 cars per unit. His parents have three vehicles, and they would not move out of their home into something like this. This may or may not be a good development for seniors. The median price for a Fridley home right now is $160,000, $10,000 below the starting cost of these units. If Fridley seniors are looking to move out of their homes, half of them could not afford these units. Mr. Byrne asked why the City did not go with the regular procedure of having the developer go to the HRA and ask them if they would like to participate in this project and also invite the public for input? Mr. Bolin stated he believed Mr. Byrne had already had a conversation with Scott Hickok, Community Development Director. He could also contact William Burns or Grant Fernelius, staff directors for the HRA. The HRA is not endorsing this rezoning; the HRA has simply stated that they do not have an objection to their land being included in the S-2 zoning. It is not necessary for the HRA or other property owners to participate. The Council can rezone all these properties with or without their permission. Mr. Byrne suggested that the Planning Commission continue this public hearing until such a time that the HRA can have a public hearing and hear from the neighbors. Mr. Mark Schwartz, 1372 64�' Avenue, stated he has a concern about drainage in this area. They have had water drainage problems in the past. A storm sewer project was done that helped the north side of 64"' Avenue; but, unfortunately, when the credit union building was built, that complicated the problems. Every time it rains, the HRA property gets about 6-8 inches of water on it. He realized the developer will have to have a drainage plan, but the credit union had a drainage plan, too, and that didn't work. Mr. Schwartz stated he is totally against the S-2 rezoning, because of more similar development that can happen in the future. He believed they should be very careful of this. Ms. Carrie Crandall, 6411 Pierce Street, stated her house will back up to the proposed development. How far away from her property line is this building going to be? Will there be some privacy fencing, and how high will that fencing be? Mr. Bolin stated the building itself will be 50 feet from the westerly property line, and a 7 foot high screening fence is required. A resident at 6423 Pierce Street stated he lives right behind the proposed building. He purchased this property because of the beautiful back yard. He is also concerned about the privacy of their back yards. How can a 7 foot high fence provide privacy from a 50-foot high building? He is opposed to this project. 15 Pianning Commission Meeting, November 5 2003 Pa e 16 Mr. Tom Myhra, 6360 Able Street, stated he is the chair of the Concerned Citizens of Fridley. He is also the past president of the Fridley Historical Society. As far as he knows, no one notified the Historical Society that a historical building could be demolished. He will bring that to the Society's attention. Could tha#-tre a stipulation that the Tamarisk building not be demolished and not be moved out of the �ity?__:He stated the Concerned Citizens of Fridley organization is very concerned about the goals ofi�the Comprehensive Plan and if the goals truly represent the wishes of the people. He believed this constanf move to make the City more dense in population is not particularly good. He stated the Concerned Citizens of Fridley organization is in the process of amending the Housing section of the Comprehensive Plan to what they believe is more what the City wants. Mr. Myhra stated everyone has talked about this as senior housing, except the architecYs sketch said "multi-family" housing.-That leads him to believe that once the property is rezoned to S-2, there would be nothing except the Council to prevent this being made into regular multi- family housing. The proposal is for two bedrooms, and he would guess that most retired couples are not going to want two bedrooms. Mr. Kurt Olson, 1385 64�' Avenue, stated he has lived in Fridley since 1966. He does not want to see Fridley become multi-housing. Even though this is senior housing, he is still concerned about multi-housing and how it can become rundown. He and his wife are in the process of putting about $100,000 into remodeting their home. The last thing they want to see at the end of their street is a 4-story building. That is not why he purchased this lot. They also don't want the extra traffic. Mr. Jim Rusinak, 6412 Pierce Street, stated the view from his front window now is very nice. He does not want to see a 4-story buiadir�g #here either. They like the natural aesthetics of the woods. Was the 2001 traffic report done before or after Medtronic was developed and in full operation? Since Medtronic, there has been a big increase in traffic on Central and Mississippi. The study that says these roads are underutilized may be antiquated due to the traffic generated by Medtronic. Ms. Andrea Olson, 1385 64�' Avenue, stated they have a beautiful wooded one-acre lot in a quiet neighborhood with a lot of traffic on Central Avenue. Mr. Rusinak is right; Medtronic has greatly impacted traffic on Central Avenue. They don't need any traffic lights; they just need to keep the traffic down. She can't imagine adding more vehicles. She was concemed because the S-2 zoning just seems too open. What will happen to the other properties around this proposed development, especially the new housing development tf�at is coming that will be in her back - yard? Having this kind of development in a basically single family neighborhood just seems crazy. Ms. Jean Schwartz, 1372 64�' Avenue, stated she has a major concern with the S-2 zoning. Her understanding of zoning is that when someone comes to the City with a specific zoning request, the burden of proof is on the developer of why the property should be rezoned. A development can more easily be denied than if the prc�perty is already zoned for that development. The S-2 zoning leaves them much more wide open. It makes more things allowable than would be otherwise allowed. It is shifting the burden of proof away from the developer, and now the City has to prove why it shouldn't go there. Ms. Schwartz stated she did not think there is any way the City can guarantee 100% that this would be senior housing only. What happens if the units are not sold? Will they become rental? Right now finro bedroom units in Fridley have the highest vacancy rates than they have in years. l� Planning Commission Meetin November 5 2003 p� e 17 She did not think a lot of seniors wiil be able to afford these units. Fridley is not a high income community. She also did not think a 4-story building is going to fit very well in this neighborhood. Ms. Betty Carland, 6416 Dellwood Drive, stated she has lived here-sPnce-t9f5. They have seen the traffic grow every year, and it is getting pretty bad. With this new deve#opment, they are going to see more traffic, congestion, a landlocked area of small homes;°�nd real estate values going down. They do need stoplights, because stop signs do not stop the traffic. She also agreed with what has been said about putting a tall building in the center of a single family area. Mr. John Klick, Interarch Design, stated he would like to address the concerns about more development in the S-2 zoning south of their proposed development in the future. In this area, if another developer wanted to make a change in that S-2 area, that developer would have to come before the Planning Commission and City Council for a master plan amendment, so it is doubtful that more higher density housing would be allowed in there. Mr. Klick stated there was some concern about whether this would actually be a condominium project, or could it become a rental project? He stated that one of the stipulations recommended by staff is that the condominium documents be submitted to the City prior to the issuance of a building permit. The condominium documents would contain the information with respect to the age requirements, owner-occupied units, etc. However, if a developer came #o the City with a proposed 45-50 square foot office building that would generate an addifional 175-200 cars for this area, that would be allowed with the existing C-1 and G2 zoning: That type of project would create more density, more cars, more trips per day, and would create a bigger impact on Central Avenue than the senior condominiums. Mr. Klick stated there was a question about when a traffic study was completed, before or after Medtronic's completion. He would like to reiterate that those numbers indicated that the capacity today is 57°/a, and in 2020. it would be 71 %. That is without any highway improvements. Mr. Klick stated that one citizen stated that other senior developments were providing only 1.5 cars per unit. He stated they are providing 2 cars per unit in this development. Mr. Saba asked if there is anything that can be done to address the lack of privacy that some of these homeowners are concerned about, in terms of their back yards. Now, they have trees in their back yards, but soon they will have 4 stories of people who can look down into their yards. Mr. Klick stated there is a 50-foot wide strip between the condominiums and the neighbors' properties. The sanitary sewer comes through there. He definitely believed there are some landscaping materials that could be used in the back areas. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:35 P.M. Mr. Dunham stated that if a commercial building was built under the present zoning, what is the maximum height that building could be? Mr. Bolin stated that in a G2 district, the height limit is 60 feet. 17 Planning Commission Meeting, November 5 2003 _ Page 18 Mr. Saba suggested adding a stipulation on landscaping/screening that would includ�� :;ome plants and adult trees along the back property line to address the privacy concerns. �� at is his biggest concern with this development. Mr. Kondrick stated this looks like a nice development. He did not think the traffic is �:�� to be that'much of an issue considering that this is for seniors, 55 and older. He will vote i�°. ;�vor of the development. Mr. Saba asked if the City is setting any kind of precedence for future units that will b� difficult to address in the future for other housing developments. Mr. Bolin stated, no, each project has to stand on its own merits. Ms. Johns stated one citizen expressed concern over the drainage issue. If the propc��:d ponding is inadequate, will anything be done to fix it? Mr. Bolin stated the City's engineers have worked extensively with the petitioner's en��r�eers, and the petitioner's engineers have worked with the Rice Creek Watershed District te� e�:��e the pond accordingly. There should actually be excess storage capacity within this storr� ��`�:�d to handle the rain events for which t was designed. There is an outlet on the storm pon� e� i�t puts the water into the City storm sewer. The storm pond has been reviewed extensively �_ �?� will be reviewed several more times before building permits are issued to make sure it will hG•: `he needed capacity. In addition, there is a stipulation for a storm pond maintenance agr��:R .�r�t. If the City sees a problem and the storm pond is not being maintained properly, the Cif� d�iil �ix it and assess the petitioner accordingly. Mr. Saba proposed the following wording for a new stipulation #25 regarding the screening between the neighbors and the development: "The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and o��H: w creative decorative screening befinreen the proposed development and the neighboring properties prior to the City Council meeting on November 24." Mr. Kondrick stated he would be in favor of that. Ms. Savage stated she realized that some of the people in the audience do not agr�� -: Comprehensive Plan that was developed by the residents of Fridley over several y�R�� stated State Statute 462.357 authorizes the Cityto rezone property for the purpose �-;: out the policies and goals of the Comprehensive Plan. Regarding the rezoning, tha� �,�, achieve the goals of the Comprehensive Plan, and she would be in favor of the rez�;� ` Mr. Oquist stated he is in favor of this development in lieu of what could go in with �� zoning, like an office building. He did not see a traffic pattem during rush hours wi�� and older. He believed there will be traffic throughout the day but not during peak hc�� agreed with Mr. Saba that the developers should do whatever they can to screen f6 e: development from the neighboring properties. Mr. Dunham stated that with the present zoning, they could have higher buildings �� ` traffic issues. He is in favor of the rezoning. : � 1 Planning Commission Meeting November 5 2003 Page 19 Mr. Saba stated he would support the rezoning with the idea that they are not setting a precedent for future similar developments, and that they will look at each development with tight scrutiny. His real concern is not necessari�y the traffic, but the screening. He is in favor of the rezoning with the added stipulation. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend to City Council approval of Rezoning, ZOA #03-03, by Town Center Development, LLC, to rezone property from C-2, General Business, C-1, Local Business, M-1, Light Industrial, and CR-1, General Office, to S-2, Redevelopment District, to accommodate redevelopment, generally located at 1281 Mississippi Street NE, 6490, 6400, 6352, and 6300 Central Avenue NE, and 1271 East Moore Lake Drive NE, with the following stipulations: 1. The property shall be developed in accordance with site plan, sheet C2-1 dated October 29, 2003, by Loucks McLagan Engineering firm. 2. The petitioner shall obtain all necessary permits prior to construction. 3. The petitioner shall meet the attached comments from the Fire Marshall. 4. The petitioner shall meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's shall be reviewed and appraved by City staff prio� to issuance of a building permit. 6. The patio on the north side of Sandee's shall be removed prior to issuance of a building permit for the senior complex. 7. The petitioner shall provide a clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. The existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. - 9. No business signs shall be located with�n the County right-of-way. Any planting within the right-of-way shall be approved by the County prior to planting. 10. The petitioner shall obtain a permit from Anoka County for any work done within the County right-of-way. 11. Restoration of the bike path along Central Avenue will be required after completion of the senior complex. 12. The petitioner shall identify ponding area and provide easements for storm water run-off and management. 13. A storm pond maintenance agreement must be filed prior to issuance of building permits. 14. The petitioner shall obtain any required NPDES permit and provide NURP ponding for entire site. 15. The Ciry Engineering staff shaU review and approve grading and drainage plan prior to-- issuance of building permits. 16. The landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 17. The petitioner shall pay any required park dedication fees. 18. The petitioner shall provide the City with a copy of the buildings' association documents prior to issuance of a building permit. 19. The building shall be restricted to seniors; and policies to do such shall be outlined in association documents. 20. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. The property owner of record at the time of building permit application shall pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner shall provide a traffic study that is approved by the County prior to issuance of a building permit. " 19 � Planning Commission Meeting, November 5, 2003 Pa e 20 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary to Anoka County. 24. A development agreement outlining th� developer's obligation to install utilities, etc., will be prepared by the City and shall be sigr�ed by the petitioner prior to final plat approval. 25. The petitioner shall work with City staff-and the neighbors to come up with a screeninq plan to provide adequate screening consisting of adult trees and other creative decorative screeninQ between the proqosed development and the neighboring,Qroperties prior to the City Council meeting on November 24 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. The Commission members were in favor of the plat request as well. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend to City Council approval of Plat, PS #03-08, by Town Center Development, LLC, to construct a senior housing development, generally located at 1282 Mississippi Street NE and 6490 Central Avenue NE, with the following stipulations: 1. The property shall be developed in accordance with site plan, sheet C2-1 dated October 29, 2003, by Loucks McLagan Engineering firm. 2. The petitioner shall obtain all necessary perrx�its prior to construction. 3. The petitioner shall meet the attached comments from the Fire Marshall. 4. - The petitioner shall meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's shall be reviewed and approved by City staff prior to issuance of a building permit. 6. The patio on the north side of Sandee's shall be removed prior to issuance of a building permit for the senior complex. 7. The petitioner shall provide a clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. The existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business 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. 10. The petitioner shall obtain a permit from Anoka County for any work done within the County right-of-way. - - 11. Restoration of the bike path along Central Avenue will be required after completion of the senior complex. 12. The petitioner shall identify ponding area and provide easements for storm water run-off and management. 13. A storm pond maintenance agreement must be filed prior to issuance of building permits. 14. The petitioner shall obtain any required NPDES permit and provide NURP ponding for entire site. 15. The City Engineering staff shall review and approve grading and drainage plan prior to issuance of building permits. 16. The landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 17. The petitioner shall pay any required park dedication fees. 18. The petitioner shall provide the City with a copy of the buildings' association documents prior to issuance of a building permit. Zo Planning Commission Meeting, November 5, 2003 Pa e 21 19. The building shall be restricted to seniors, and policies to do such shall be outlined in association documents. - 20. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. The property owner of record at the time of building permit application shall pa�=all:water and sewer connection fees prior to issuance of a building permit. 22. The petitioner shall provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary to Anoka County. 24. A development agreement outlining the developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the petitioner prior to final plat approvat. 25. The petitioner shall work with City staff and the neiqhbors to come up with a screeninq plan to provide adequate screeninq consisting of adult trees and other creative decorative screeninq befinreen the proposed develoqment and the neighboringproperties prior to the City Council meeting on November 24. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated both the rezoning and plat requests will go to the City Council for final action on November 24. 7. RECEIVE THE MINUTES OF THE SEPTEMBER 15 2003 PARKS & RECREATION COMMISSION MEETING MINUTES: MOTION made by Mr. Kondrick, seconded by Mr. Saba, to receive the September 15, 2003, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. APPROVE THE MINUTES OF THE OCTOBER 2 2003 HOUSING � REDEVELOPMENT AUTHORITY MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, �o receive the October 2, 2003, Housing & - Redevelopment Authoriry minutes. - UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. APPROVE THE MINUTES OF THE OCTOBER 21 2003 ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING MINUTES: MOTION by Ms. Johns, seconded by Mr. Saba, to receive the October 21, 2003, Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 21 Planning Commission Meeting, November 5, 2003 i,�9e 22 ADJOURNMENT MOTION by Ms. Johns, seconded by Mr. Kondrick, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLAFZ��` :: MOTION CARRIED AND THE NOVEMBER 5, 2003, PLANNING COMMISSION �� ADJOURNED AT 9:50 P:M. RespectFully subrni ed, �.�i� tL.� �Ly � Saba Recording Secretary 22 / AGENDA ITER?I - � C1TY COUNCIL MEETING OF N01l�MBER 24, 2003 C7f'( OF FRIDLfY Date: November 18, 2003 To: William Burns, City Manager '�~ � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Subject: Lot Split Request, LS #03-01, Tom & Dianna Marchiafava M-03-164 INTRODUCTION Tom and Dianna Marchiafava own two 30' wide lots located at 130 Ely Street. The lots are not buildable as they do not meet the City's lot width requirement of 75' and are not eligible for inclusion in the City's overlay district for smaller lots. The City owns a 60' wide buildable lot next to the Marchiafava's that has frontage on both Ely Street and Ashton Avenue. The Marchiafava's have proposed that they and the City split their properties into two buildable lots fronting on Ashton Avenue by "swapping" the property necessary to leave each party with a buildable lot. PLANNING COMMISSION RECOMMENDATION At the November 5, 2003, Planning Commission meeting, a public hearing was held for LS#03-01. After a brief discussion, the Planning Commission recommended approval of the lot split request, LS #03-01, with stipulations. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. A resolution has been attached. _ _ - STIPULATIONS City Staff recommend that the following stipulations be placed upon approval of this request. 1. All necessary permits shall be acquired prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any buildirg peRnits, in order to minimize impacts to the surrounding properties. 3. Property owner of record at time of building permit application, to pay required park fees prior to issuance of building permits. 4. Property owne� of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 23 City of Fridley Land Use Application - LS #03-01 November 5, 2003 GENER�+iL INFORMATION SPECi�L �VF'OR1I�IATION Applicant(s): Tom & Diaru�a Marchiafava City of Fridley 130 62nd Way NE 6431 University Fridley, MN 55432 Fridley, NIN Requested Action: Lot Splrt Purpose: To split existing properties into two buildable lots & facilitate land swap. Fxisting Zoning: Residenrial — R-1 Location: 130 Ely Street (comer of Ashton & Ely) Size: 24,840sq. ft. .57 acres Existing Land Use: Vacant Surrounding Land Use & Zoning: N: Ruth Park, P E: Industry, M-1 S: Single Family, R-1 W: Single Family, R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conforn�ance: Sec. 205.07.01 requires a lot area of 9,000 sq. ft. for single family lots. Property History: Properties have been vacant for a number of years, went tax-forfeit at one time. Existing Legal Description of Property: Lots 21-24, Block 14, Spring Brook Pazk Council Action / 60 Day Date: 11/24/03 / 12/1/03 Public Utilities: Water and sewer are available at/near the site. 24 Physical Characteristics: Relatively flat, typical suburban landscaping. SUVIMARY OF PROJECT Petitioner is requesting to split these 3 existing lots into two parcels exceeding_minunum size standards. Marhiafava's and City intend'to swap properties in order to create 2 buildable lots. One lot to be owned by City & one lot to be owned by Mazchiafavas. SUMMARY OF ANALYSIS . City Staff recommends approval of the lot split request, with stipulations. • Both lots exceed minimum'lot size requirements. • Both lots exceed minimum �ot frontage. • Provides additional housing opportunities Aerial of property. - Staff Report Prepared by: Paul Bolin LS #03-0't Analysis Tom and Dianna Marchiafava own two 30' wide lots fronting on Ely Street, located at 130 Ely Street. The lots are not buildable as they do not meet the City's lot width requirement of 75' and are not eligible for inclusion in the City's overlay district for smaller lots. The City owns a 60' wide buildable lot next to the Marchiafava's that has frontage on both Ely Street and Ashton Avenue. The Marchiafava's have proposed that they and the City split their properties into two buildable lots fronting on Ashton Avenue by "swapping" the property necessary to leave each party with a buildable lot. Fridley requires that single-family lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed lots will each exceed the minimum standards. Lot "A" will be 100' in width and 12,000 square feet in size and Lot "B" will be 107' in width and 12,840 square feet in size after the split. Each lot contains the - same amount of buildable area. (Property Location) Staff Recommendation Crty Staff recommends approval of this lot split request, with stipulations. • Lots exceed minimum size requirements. � Does provide additional homeownership opportunities for Fridley residents. 25 Stipulations City Staff recommend that the following stipulations be placed upon approval of this request. 1. All necessary permits sha/l be acquired prior to construcfion. : 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Property owner of record at time of building permit application, to pay required park ' fees prior to issuance of building permits. 4. Property owner of record at time of building permit application, to pay al! water and - sewer connecfion fees prior to issuance of a building permit. 26 RESOLUTION NO. A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, LS #03-01, TO CREATE TWO BUILDABLE LOTS, GENERALLY LOCATED AT 130 ELY STREET WHEREAS, the Planning Commission held a public hearing on the Lot Split, LS #03-01, on November 5, 2003 and recommended approval; and WHEREAS, the City Council at the November 24, 2003 meeting approved the Lot Split request; and WHEREAS, such approval was to create two buildable single family home lots, based on new legal descriptions which read as follows: Proposed Tract "A". That part of Lots 21-24, Block 14, Spring Brook Park, Anoka County, Minnesota, lying North of the South 107 feet. Proposed Tract "B": The South 107 feet of Lots 21-24, Block 14, Spring Brook Park, Anoka County, Minnesota. WHEREAS, the City has received the required Certificate of Survey from the owners. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley directs the petitioner to record this Lot Split at Anoka County within six (6) months or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF NOVEMBER 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK 27 SCOTT J. LUND - MAYOR nov 18 03 04:p9p Kurth 763-788-76a2 p.2 CERTIFICATE OF SURVEY o 30 ra�'nsuae�rovrs strourr rH F�r nr�o o�cr,wc s oF n Foor� � FOR TOM �1ARCH I AFAVA KURTH SURVEYING. �trc. S��E IN FEET aoa2 �so►v sr. rcE D,1Tc �-Z'-f -t� J I HEREBY CEflTifY THAT THIS SURVE7. PLAN Oc REP4Ri ��,�n �TS � r�� WAS PREPAR£D BY ME OR uNOER M7 DIRECT SUP_�iVI510N �� 97� �� 788_� �, � RON MONUMEidT FOI�Np ,wp �{pT �,W A 0��} Y IICENSED L.eW SURVEYON UNDER E A! : KURTHSURYEYOA (.COY a: �20N MOlvl.iMENT SET THEtAi15 OF.THE Xl'^TE AF-1{IpyESOTA. � Randy L.`Kurth. L.L.S. No. 20210 i it u s s�fi'-d .-Ku r-Fh-L`��No .' (6TTT �2�.�0 �, � --lo.s ----- ---�--� W �m Z = m � I �+--35 ' � I (� ' Y ! U m � aC ° F' I n o yI . o � � � ` � o I I � „A.. � i t2.000 Sa.FT.� � 1 I �) `� --� � O n (� � � J ' ° ' � � ' J .O o N ') � "� "> ° �� t �� r � � _�__'_� ' � NORTH LIPE Of THE � ' ( SOUTH 10T.0o FEET ` 70 � I I I� ( I I 0 � I I � o I I N � I I m ,.B.. ~ iz.e+o sa.FT. � � � .•� � I i I ,, - , o � ' a � �,o. e � ---------�- n m �-� . � ... - n -- � - -- ', - 1 2 �. � Q CONCRETE CURB 0 0 r 0 3 � I.L l~i 0 �� M � J •a r n � � (.1..� N o n � � � ELY STREET c60 FT. RiW) l EXISTING LEGAL DESCRIPTION Lots2f-24, Block 14, SpcingBrook Park, Anoka County, Minnesota. LEGAL DESCRIPTION "TRACT $' The South 107 Fcet of Lots 21-24, Block 14, Spring Brook Parlc, Anoka County, Minnesota. � i � � LECAL DESCRIPTIOP[ "TRACT A" That part of Lots 21-24, Block 14, Spring Brook Park, Anaka Cou�}r, Minnesota, lying North of the Sauth 107 feet. �ON7-M1�L��YOecv�m.qc� a-c+ ..+ aMV( ta Dw(:� ta � � Q1Y OF FRIDLEY Date To: From AGENDA ITEM CITY COUNCIL ME�TING OF NOVEMBER 24, 2003 November 18, 2003 � Wiliiam Burns, City Manager � Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Subject: Property Exchan�e Reques#, Tom 8� Dianna Marchiafava M-03-165 INTRODUCTION Tom and Dianna Marchiafava own two 30' wide lots located at 130 Ely Street. The lots are not buildable as they do not meet the City's lot width requirement of 75' and are not eligible for inclusion in the City's ove�lay district for smaller lots. The City owns a 60' wide buildable lot next to the Marchiafava's that has frontage on both Ely Street and Ashton Avenue. The Marchiafava's have proposed that they and the City split thei� properties into two buildable lots fronting on Ashton Avenue by "swapping" the property necessary to leave each party with a buildable lot. Each property will contain the same amount of buildable area. PLANNING STAFF RECOMMNEDATION City Staff recommends approval of the land exchange. Each lot will have the same buildable area and the exchange does allow the opportunity for an additional single family home to be constructed in Fridley. STIPULATION Staff recommends the foltowing stipulation be attached to the approval of the land exchange. - - 1. The Marchiafavas shall pay any costs associated with the preparation of and recording of any documents necessary to effect the land exchange on behalf of the City. 29 RESOLUTION NO. RESOLUTION OF THE CITY OF FRIDLEY, VIIN�(ESOTA, APPROVING' T�a:� ' TRAN5FER AND EXCHANGE OF CERTAIN PARCELS OF LAND WITH T��f MARCI3IAFAVA AND DIANNA MARCHIAFAVA. WHEREAS, Tom Mazchiafava and Dianna Marchiafava ("the Marchiafavas") aze the f�e owners of Lots 21 & 22, Block 14 Spring Brook, Anoka County, Minnesota; and _ WHEREAS, the City is the fee owner of Lots 23 & 24, Block 14 Spring Brook Park, Anoka County, Minnesota; and � WHEREAS, the two parcels of land aze of approximately the same size; and WHEREAS, the Marchiafavas property is unbuildable due to the lots size; and WHEREAS, it is of mutual benefit to the City and the Mazchiafavas to exchange portior�� f these lots to create two buildable lots; and WHEREAS, each of the lots created would have an equal amount of buildable area; WHEREAS, the City found and continues to find that the proposed land exchanges are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED: 1. That the City convey to the Marchiafavas that real property described as that par� ��,ots 23 & 24, Block 14, Spring Brook Park, Anoka County, Minnesota, lying North c�.` `�.� South 107 feet. 2. That the City accept from the Marchiafavas the conveyance of the real property a�°.. ��p3 as the South 107 feet of Lots 2l & 22, Block 14, Spring Brook Park, Anoka Co� � Minnesota. 3. That the Mayor and City Manager are authorized to execute on behalf of the Ci9.yi ... all such documents and instruments as may be necessary to effect the foregoin� ��:�: '� of the City. The foregoing Resolution was Adopted by the City Council of ��? . Minnesota, at its regular scheduled meeting of , 2003. _ ATTEST: Deb Skogen, City Clerk. 30 Scott Lund, Mayor / � CtTY OF FRIDLEY AGENDA ITEM C1TY COUNCIL MEETING OF NOVEMBER 24, 2003 Date: November 17, 2003 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-18, Electric Motor Supply M-03-48 INTRODUCTION The petitioner, Brett Bullock, Manager of Electric Motor Supply, is seeking a special use permit to allow limited outdoor storage for his business located at 4650 Main Street. The petitioner is requesting storage in the rear yard of the property to be used for storage of electrical equipment such as switch gear, electrical distribution panels, large electric motors and dry type transformers which are used for this business. City code, through a special use permit, allows limited outdoor storage as long as the storage area doesn't exceed 50% of the principal building footprint. The petitioner's building is approximately 213,000 square feet and the petitioner is requesting to have a storage area of 87,000 feet, which is below the code requirement. PLANNING COMMISSION RECOMMENDATION At the November 5, 2003, Planning Commission meeting, a public hearing was held for SP #03-18. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-18, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner is responsible for screening the limited outdoor storage area in order to comply with code requirement by June 1, 2004. 2. No outdoor storage other than the storage of items used for this business. 31 City of Fridley Land Use Application SP #03-18 November 5, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Electric Motor Supply 4650 Main Sfreet Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage of materials in a M-2, Heavy Industrial District. Existing Zoning: M-2 (Heavy Industrial) Location: 4650 Main Street Size: 523,057 sq. ft. 12 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: M-2, Heavy Industrial E: R-1, Single Family S: M-2, Heavy Industrial W: Railway& M-2, Heavy Industrial Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.12 requires a special use permit to allow limited outdoor storage. Zoning History: -- 1941 — Lot is platted. 1966 - Structure is built. 1966 — Addition to building. 1977 — Addition to building. 1979 — Addition to building. 1983 — Addition to �uilding. 1985 — Addition to �uilding. Legal Description of Property: N 418' (feet) of lot 1 Public Utilities Building is connected. Transportation: The properiy can be accessed from Main Street. Physical Characteristics: Building, hard surface yard and parking area and landscaping. SUMMARY OF PROJECT The petitioner, Mr. Bullock, is seeking a special use permit to allow limited exterior storage in the rear yard of Electric Motor Supply, located at 4650 Main Street. SUMMARY OF ANALYSIS 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 district, provided specific code requirements are met. CITY COUNCIL ACTION/ 60 DAY DATE City Council — November 24, 2003 60 Day — December 1, 2003 Exterior Storage Location Staff Report Prepared by: Stephanie Hanson SP #03-18 REQUEST The petitioner, Brett Bullock, Manager of Electric Motor Supply, is seeking a special use permit to allow limited outdoor storage at the business, which is located at 4650 Main Street. The petitioner is requesting storage in the rear yard of the property to be used for storage of electrical equipment such as switch gear, electrical distribution panels, large electric motors and dry type transformers which are used for this business. ANALYSIS The property is zoned M-2, Heavy Industrial. The properties to the west, :south and north are zoned M-2, Heavy Industrial. The property to the east is zoned R-1, Single Family. The building is located on Main Street, between 46`h Avenue and 47t'' Avenue: The structure was built in 1966. Additions to the structure were added in 1966, 1977, 1979, 1983, and 1985. The petitioner has stated to City Staff that he will be putting slats in the fence at the south entrance to allow proper screening of the storage area. City Code allows limited outdoor storage in the industrial districts with a special use permit as long as 9 specific code requirements are met. Those specific requirements relate to 33 , .... � height, screening, parking, amount of outdoor storage and the types of materials <�' : 4;d to be stored outside. The petitioner is meeting or exceeding all of the requirements. Location of the Exterior Storage City staff has not received any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval as limited outdoor storage is permitted under � use permit in the M-2, Heavy Industrial, zoning district. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipuiati�� attached. 1. The petitioner is responsible for screening the limited outdoor storage area i� comply with code requirements by June 1, 2004. 2. No outdoor storage other than the storage of items used for this business. 34 .l � ` UTY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 24, 2003 November 13, 2003 William Burns, City Manager � � � Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner SWAP Fee Increase Background Fridley's curbside recycling contract costs will increase 1.4% on the single-family rate and 4.4% on the multi-family rate in April 2004. Also, a slight reduction in (State) SCORE funding is expected in 2004 as more funds are shifted to the faster growing communities. In order to keep up with inflation, we need to continue to raise the recycling rate charged to residents to help cover the costs of providing mandated curbside recycling services. Fridley's Solid Waste Abatement Program (SWAP) costs have been reduced by removing recycling drop off days from the 2003 budget and yard waste transfer and park recycling services from the 2004 budget. Staff recommends that the City increase the recycling service fee the full amount allowed in 2004, which is 1.8%. This would increase the recycling service fee from $5.95/quarter to $6.06/quarter. T'his is a$.44 annual increase per residence. Recommendation Staff recommends that the City Council adopt the attached resolution, directing staff to increase the SWAP recycling service fee to $6.06/quarter effective with the January 1, 2004 utility billing. M-03-163 35 - RESOLUTION NO. -2003 A RESOLUTION APPROVING RECYCLING SERVICE FEES WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to provide, at minimum, curbside recycling services; and WHEREAS, the City of Fridley has chosen to provide Fridley residents with recycling services, including curbside recycling; and WHEREAS, the State provides only partial funding to subsidize the City's recycling efforts so that the remaining costs must be paid by the user of such services; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that the per dwelling unit service fee charged to all single through 12-unit multi-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $6.06 per dwelling per quarter effective with the January 1, 2004 utility billing. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 2003. ATTEST: DEBRA A. SKOGEN — CITY CLERK 36 SCOTT J. LUND - MAYOR 0 � � CR7 OF FRIDLEY To: From: Date: AGENDA ITEM CITY COUNCIL MEETING OF November 24, 2003 William W. Burns, City Manager� �� Richard D. Pribyl, Finance Director Deb Skogen, City Clerk November 18, 2003 Re: Minnesota Sports Federation Gambling Premise Permit Renewal Application Minnesota Sports Cafe, 7651 Highway 65 NE Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Minnesota Sports Federation is currently conducting charitable gambling at the Minnesota Sports Cafe, 7651 Highway 65 NE. The application requires a resolution of approval from the City Council. If approved, the two- year premise permit and license would become effective April 1, 2003 ending March 31, 2005. Staff recommends approval of the premise permit by adoption of the attached resolution. 3� RESOLUTION NO. - 2003 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERIVIIT FOR THE MINNESOTA SPORTS FEDERATION (MINNSOTA SPORTS CAFE, 7651 HIGHWAY 65 NE) WHEREAS, the City of Fridley has received an renewal application for a Minnesota Lawful - Gambling Premise Permit from the Minnesota Sports Federation (MSF) for the Minnesota Sports Cafe located at 7651 Highway 65 NE; and _ WHEREAS, the MSF's Lawful Gambling Premises Permit Renewal ends March 31, 2003; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit Application for the Minnesota Sports Federation at the Minnesota Sports Gafe located 7651 Highway 65 Northeast for a two year period ending Mazch 31, 2005. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK �� SCOTT J. LLJND - MAYOR 0 � AGENDA ITEM ` CITY COUNCIL MEETING OF NOVEMBER 24, 2003 CRY OF FRIDLEY � To: William W. Burns, City Manager �� 1� - From: Deborah K. Dahl, Human Resources Director �'�' _' Date: November 17, 2003 Re: Compensation Adjustments In order to prepare the final figures for the Personal Services portion of the 2004 budget, it will be necessary for the City Council to approve any adjustments to salaries, benefits and otherforms of compensation for 2004. I recommend the following for full and part-time City employees: 1. A general increase of 2.0 percent in salaries. 2. An increase of 2.0 percent in automobile allowances, where applicable. Please present the attached resolution to the City Council at their November 17, 2003, meeting. Thank you for your attention to this matter. /rsc Attachment 0 0 39 ■ RESOLUTION NO. - 2003 RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 2004 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City Employees within budgetary constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota Loca( Government Pay Equity Act; and WHEREAS, the City Council and City Staff have reviewed the City's financial position as well as economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, TI�REFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments and changes be authorized for non-union employees of the City of Fridley, effective January 1, 2004: 1. A general increase of 2.0 percent in non-union employee salaries. 2. An increase of 2.0 percent in automobile allowances, where applicable. PASSED AND ADOPTED BY T'HE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR . � � � � ` CRY OF FRIDLEY . TO: FROM: DATE: SUBJECT: 0 0 AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 24, 2003 William W. Burns, City Manager �j�� Deborah K. Dahl, Human Resources Director �� November 17, 2003 Council Salaries Attached for first reading is an ordinance to increase Council salaries by two percent (2%) effective January 1, 2004. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley City Charter. The annual salaries for the Mayor and Councilmembers during 2004 shall be as follows: Mayor: $9,829.69 Councilmember-at-Large: $8,074.00 Councilmember, Wazd I: $7,138.18 Councilmember, Ward II: $7,138.18 Councilmember, Ward III: $7,138.18 Staff recom.mends Council's approval of the first reading of this ordinance. Attachment 41 ORDINANCE NO. AN ORDINANCE RECODIFYING TI� FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR TI� ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF TI� CITY OF FRIDLEY 0 The City Council of the City of Fridley does hereby ordain as follows: The annual salaries for the Mayor and Councilmembers during 2004 and subsequent yeazs shall be as � follows: Mayor $ 9,829.69 Councilmember-at-Large $ 8,074.00 Councilmember, Ward I $ 7,138.18 Councilmember, Ward II $ 7,138.18 Councilmember, Wazd III $ 7,138.18 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time authorized employees of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: November 24, 2003 Second Reading: Publication: 42 SCOTT J. LUND - MAYOR � AGENDA ITEM � COUNCIL MEETING OF NOVEMBER 24, 2003 CfTY OF FRIDLEY CLAIMS 114074 - 114360 43 . i AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 24, 2003 °TMOF LICENSES FRIDLEY Type of License TOBACCO Lion Smokes 7897 E River Rd Fridley, MN 55432 CHRISTMAS TREE LOT Menazd Inc 5351 Central Ave NE Fridley, MN 55421 Bob's Produce 7620 University Ave NE Fridley, MN 55432 FOOD Rocco's Pizza 6522 University Ave NE Fridley, MN 55432 � Ayham Wadi Approved By: Public Safery Fire Inspector Community Development Fees: $125 Scott McKenzie Public Safety $200 fee Fire Inspector $100 dep. Community Development Robert Schroer Public Safety $200 fee Fire Inspector $100 dep. Community Development Jeffrey Keeting .. Public Safety Fire Inspector Community Development $45 AGENDA ITEM City Council Meeting Of Monday, November 24, 2003 City of Fridley Gas Services Action Heating & Air Cond 8140 Arthur St NW Spring Lake Park MN 55432- Affordable Air 8 Heating Co. 4030 Hayes St Columbia Heights MN 55421- ELK Mechanical HVAC Inc 6361 Sunfish Lake Ct STE 100 Ramsey MN 55303= Equipment Supply Inc 593 N Fairview Ave St Paul MN 55104- Indoor Comfort Systems Inc 21646 Thomas St NE Linwood MN 55092- Silvernail Enterprises LTD 6603 36 Ave N Crystal MN 55427- General Contractor-Commercial _ Able Property Management 9920 Zilla St NW Coon Rapids MN 55433- BEI Exterior Maintenance Corp 405 West 60 St Minneapolis MN 55419- � Jay Hovland John Lang Thomas Edholm David Hodgson Diane Friend Mark Silvernail Timothy Chies Walt Burris 45 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � Erdahl Construction 15689 52 Ct NE Dana Erdahl St Michael MN 55376- Kwik-File LLC 490 Northco Dr Harvey Lee Fridley MN 55432- General Contractor-Residential 3 Seasons 8 4 Sunrooms (20414407) 2214 Hwy 10 Bryan Riedemann Mounds View MN 55112- BEI Exterior Maintenance Corp (20241131) 405 West 60 St Watt Burris Minneapolis MN 55419- Loon State Construction (20282972) 1600 Co Hwy 10 STE B Tim Zumwalt Spring Lake Park MN 55432- Tacheny Roofing 8� Siding Inc (7596) 2980 Rice St Daniel Tacheny Little Canada MN 55118- Heatina Action Heating & AC 8140 Arthur st NW Jay Hovland Spring Lake Park MN 55432- Affordable Air 8� Heating Co 4030 Hayes St John Lang Columbia Heights MN 55421- ELK Mechanical HVAC Inc 6361 Sunfish Lake Ct STE 100 Thomas Edholm Ramsey MN 55303- . � Approved BV: Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkov�ski - Building Officiat-' Equipment Suppiy inc 593 N Fairview Ave St Paul MN 55104- indoor Comfort Systems Inc 21646 Thomas St NE Linwood MN 55092- Sitvemail Enterprises LTD - _ 6603 36 Avenue N Crystal MN 55427- Plumbinq Klein Tim Plumbing 11100 Upton Ave S - Bloomington MN 55431- Piperight Plumbing 4029 Penrod Lane St Anthony MN 55421- Polar Plumbing 6087 46 St --- Oakdale MN 55128- Reilly Plumbing 8� Heating Co Inc 850 N Hamline Ave St Paul MN 55104- Roofin Rainbow Repairs Inc 5014 170 Lane NW Andover MN 55304- Siqn Erector Arrow Designs 13735 Aberdeen St NE Ham Lake MN 55304- � David Hodgson Diane Friend Mark Silvernail Tim Klein Gene Tomas Robert Swanson Pat Reilly Todd Olson Kenneth Stewart 47 Approved By: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Fastsigns 409 87 Lane NE Blaine MN 55434- Northern Air Corporation 75 S Owasso Blvd Little Canada MN Sb117- Wyland Sign 5244 Latta St White Bear Lake MN 55110- Wreckinq Sauter 8 Sons Inc 6651 141 Ave NW - Ramsey MN 55303- � Ken Grandell Terry Gaetke Wm Wyland Thomas Sauter . ; Approved Bv: Ron Juikowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official i - AGENDA ITEM CITY COUNCIL MEETING OF NO�/EMBER 24, 2003 cmr oF ESTI MATES FRIDLEY 0 Pazk Construction _ 500 — 73`d Avenue N.E. Suite 123 Fridley, MN 55432 G University Avenue Storm Water Pond Project EstimateNo. 1 .........................................:............................................. $ 95,168.20 Iry � r_ � CtTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 24, 2003 Date: November 20, 2003 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for Rezoning Request, ZOA #03-02, Town Center Development M-03-170 INTRODUCTION Town Genter Development, LLC, is requesting a rezoning for the west side of Central Avenue b�tween Mississippi Street and E. Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire , block to S-2 Redevelopment District. The owners of Advance Companies, Ziebart, and the Housing and Redevelopment Authority have agreed to the rezoning request. [Supplementary reading materials available in Council's reading file] PLANNING COMMISSION RECOMMENDATION At the November 5, 2003, Planning Commission meeting, a public hearing was held for ZOA #03-02. After receiving public comment and discussion, the Planning Commission recommended approvat of rezoning request, ZOA #03-02, with the 24 stipulations as presented and an addition of stipulation #25 to read, "The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003." THE MOTION CARRIED UNIMOUSLY. Since the November 5, 2003, Planning Commission meeting, the petitioner submitted a new landscape plan to city staff. The new plan shows that an existing grove of trees along the western property will be left and 10 additional evergreen trees between 8 feet and 12 feet in height will be planted. 50 PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests, above. 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering Firm. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments f�om the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. - 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. " -� 11. Restoration of bike path along Central after will be required after completion of senior complex. ~ 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prio� to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individuai sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 51 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A Development Agreemer�t outtining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25.The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 52 a ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MF(VNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS _ The Council of the City of Fridley does ordain as follows: ' SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. ` - SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 0 1282 Mississippi Street and 6490 Central Avenue: ° Lot 1, 2, & 3, Auditor's Subdivision No. 88, except road, subject to easement of record. 6400 Central Avenue, 6352 Central Avenue, 6300 Central Avenue, and 1271 East Moore Lake Drive: Lots 1-5, Block 1, Herwal Rice Creek Terrace, subject to easement of record. Is hereby designated to be in the Zoned District S-2 - (Redevelopment District). � SE CTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-1 (Locat-Business), C-2 (General Business), C-R1 (General Office), and M-1 (Light Industrial) to S-2 (Redevelopment District). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24'�`�' DAY OF NOVEMBER, 2003. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: November 24, 2003 First Reading: Second Reading: Publication: 53 SCOTT J. LUND .-. MAYOR City of Fridl+ey Land Use Application PS#03-08 November 5, 2003 GENERAL INFORMATION '�- SPECIAL INFORMATION Applicant: - Town Center Development, LLC 13750 Reimer Drive Maple Grove MN 55311 Requested Actions Replat property into 2 lots. Purpose: To create 2 separate lots to allow for the construction of a 55 unit senior housing development. Existing Zoning: C-1 (Local Business), C-2 (General Business) Location: 1282 Mississippi St. 8� 6490 Central Ave. Size: Total Area: 150,600 sq. ft. 3.5 acres Lot 1: 24,525 sq. ft. .56 acres Lot 2: 126,075 sq. ft. 2:89 acres Existing Land Use: Tamarisk Resources, Sandee's Restaurant Surrounding Land Use & Zoning: N: Office Building, Apartments 8� G2, R-3 E: Commercial property & Residential homes & C-1, G2 S: Advance Companies & M-1 W: Duplexes 8� R-3 Comprehensive Plan Conformance: Future Land Use Map designates this area as Redevelopment. Zoning History: _ 1282 Mississippi Street: 1948 — Lot is platted. 1952 — House is built. 1985 — Property rezoned from R-1 to C-1 1987 — Lot split approved to split off the northerly 213 feet of Lot 3, Audito�'s Subdivision No. 88, same being this property. 6490 Central Avenue: 1948 — Lot is platted. Building constructed pre-1949 1954 — Addition to building. 1966 — Addition to building. 1980 — Addition to kitchen. 54 Existing Legal Description of Property: 1282 Mississippi Street: Part of Lot 3, Auditor's Subdivision #88 6490 Central Avenue: Lot 1, 2, and 3, Auditor's Subdivision #88 Refer to attached Plat. Council Action / 60 Day Date: City Council — November 24, 2003 60 Day — December 1, 2003 Public Utilities: Sandee's is connected and water and sewer are available near the site for the new development. Physical Characteristics: Relatively flat, building, asphalt and some landscapinq. SUMMARY OF PROJECT The petitioner, Town Center Development, LLC, is requesting to replat the properties at 1282 Mississippi Street and 6490 Central Avenue to create two separate lots, which will accommodate the Sandee's Restaurant and a new parcel for the construction of a 55-unit senior owner occupied condominium development. SUMMARY OF ANALYSIS Cify Staff recommends approval of the Plat Request Staff Report Prepared by: Stacy Stromberg & Paul Bolin ZOA#03-03 � PS#03-08 OVERVIEW The requests: Town Center Development, LLC, is requesting two separate land use actions from the City of Fridley in order to construct 55 senior owner-occupied condominium units at 6490 Central Avenue. The two actions being requested are a Plat and a Rezoning, both of which will be examined individually in this report. A Plat is being requested to create two new parcels, from 1282 Mississippi Street, currently Tamarisk Resources, and 6490 Central Avenue, currently Sandee's and the vacant lot south of it. Sandee's Restaurant will occupy one parcel and the other pareet will allow for the construction of the 55 senior condominiums. The petitioner is also requesting a rezoning for the west side of Central Avenue befinreen Mississippi Street and E. Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District The owners of Advance Companies, Ziebart, and the Housing and Redevelopment Authority have agreed to the rezoning request. Proposed Projecf: Town Center Development, LLC, is proposing to construct a 4-story 55-unit senior condominium complex south of Sandee's Restaurant. Sandee's Restaurant wiU remain, but will be under new ownership. The proposed 55 units will be owne�-occupied and comprised of 2 bedroom units. Thirty-one of the units will be 1,138 square feet, 8 of the units will be 1,185 square feet, and the remaining 16 units will be 1,255 square feet in size. The development will include 51 underground parking stalls and 4 garage stalls and additional surface parking. A storm pond will be located on the south end of the project, with a trail system and landscaping surrounding the property. 55 SITE HISTORY In 1991, Tom Brickner requested a rezoning of the vacant pcopeFty located south of Sandee's Restaurant and west of Central Avenue from C-1, Local �usiness, and C-2, General Business, to R-3, General Multiple Family Dwelling in order to construct a 48 unit, three story apa�tment building. This rezoning request was similar to the one before us today; however, it requested a rezoning to R-3, Multi-Family and was essentially an island of R-3 zoning, suROUnded by commercial and industrial properties: Ultimately, it was denied based on the fact that it was spot zoning. �� :. ��' L � �� - -Y�� ;,- _ �.�."°�� x �`�^`, _� �, �--��.�' �'�'!�'S? $'°`°_-.�.—t �. x r , d3 r, z�� _ � � ��'� . .. :."!'._. � " ' � • � � " • • � ' - � ' � ANALYSIS _ _ ning Request ZOA #03-02 - The petitioner is requesting a rezoning for the west side of Central Avenue between Mississippi Street and East Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District. The properties requesting the rezoning request are 1282 Mississippi Street (Tamarisk Resources, zoned C-1, Local Business), 6490 Central Avenue (Sandee's and vacant lot south, zoned C-1, Local Business and C-2, General Business), 6400 Central Avenue (Advance Companies, zoned M-1,Light Industrial), 6352 Central Avenue (vacant lot, owned by the HRA, zoned CR-1, General Office), 6300 Central Avenue (Ziebart, zoned M-1, Light Industrial) and 1271 East Moore Lake Drive (vacant land, owned by the HRA, zoned M-1, Light Industrial). The only properties that are proposed to be redeveloped are 1282 Mississippi Street and 6490 Central Avenue; the others will remain as they exist today. 56 � � .a�� , � ,�, . .,��:� �� i�; d , :, �. .G � � � � .�'�H� � . r r`t' :,�� s: _ � ��-r i z��°�- > ��`�.r:"' � �,. �� t• ��'si ��'°�°��'"-�; � r',.,;�;. �� y�. -- '��J — < #, . . .• . . . . . . . ... . . .. .. . .. . . . . .. T.k�e City's Zoning Ordinance and official Zoning Map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. State Statute gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in _confoRnance with the Comprehensive Plan. The Comprehensive Plan was developed with resident input taken from several meetings held between 1998 and 2000 and is a`�ool intended to help guide future growth and development of the community...lt is a plan because it contains goals, policies and strategies that all work together, looking to the future and working towards achieving a community wide vision': In order for a rezoning to be viewed favorably, it must be in line with the City's vision laid out in the Comprehensive Plan. The proposed senior owner-occupied condominium complex and rezoning of the property meet several of the objectives the residents of Fridley identified in the visioning session for the Comprehensive Plan. The area of Old Central befinreen Mississippi Street and Rice Creek Road was identified as an area for future redevelopment. Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable e/ements fhat reflect the community collective vision. The purpose of redevelopment is to provide the opportunity for more e�eient land uses and eliminate ine�cient land uses and under utilized parcels. Redevelopment can also provide an opportunity to build new facilities, meet current market demands and desires of the City, and eliminate incompatible land uses. All the above purposes of redevelopment have the potential of being met with the rezoning of these properties. The Comprehensive Plan specifically states that for this portion of Old Central, "consideration should be made to replacing the current mix of single-family residential 57 and commercial uses with higher density residential development that together with the health club may serve as an attractive residential location for move-up housing". The Comprehensive Plan also states that for projects in these r�development areas requiring rezoning that the S-2 zoning designation "would be-the appropriate Zoning district to imp/ement for the redevelopment project. The intent of the district is to provide the City with site plan review authority to determine if the proposed project meets the goals and objectives of the City's Comprehensive and Redeve/opment Plans". The Comprehensive Plan, in both the Future Land Use & fhe Housing chapters, addresses the desire for a variety of housing types in a number of goals listed below. • Ensure that adequate opportunities exist for the development of a varietyof housing types at a range of affordability levels including low, low-moderate and high cost housing to meet the life-cycle needs of Fridley residents. • Create sustainable, self-reliant, mixed-use and mixed-in�ome neighborhoods that contribute positively to the quality of life and image of Fridley. • Ensure a variety of housing types for people in aU stages of the life cycle. • Strengthen neighborhoods and improve upon the quality of the City's housing stock. • Diversify the housing supply to include move up housing both in the form of rental and owner occupied housing. - As Fridley's residents continue to age, demand will increase for "empty neste�' and senior housing. There will be an increased demand for senior rental, senior owned condominium/town homes, and assisted living facilities. The proposed project, 55 senior owner-occupied condominium units, will meet some of the current demand for those seniors seeking alternatives to their current housing type. To avoid spot zoning and achieve the Comprehensive Plan's goal for this area, the petitioner has received permission from Advance Companies, Ziebart, and the Housing and Redevelopment Authority to request the rezoning from their current zoning designations to the S-2, Redevelopment District. __ - P/at Request #03-08 Town Center Development, LLC, is seeking to replat the properties located at 1282 Mississippi Street and 6490 Central Avenue to create two separate lots. One of the newly created lots will accommodate the Sandee's Restaurant,,and the other will be used to allow for the construction of a 55-unit owner occupied senior condominium development. The property at 1282 Mississippi Street is currently zoned C-1, Local Business. The existing building was constnacted in 1952 and is currently being occupied by Tamarisk Resources. The property at 6490 Central Avenue has a split zoning of C-1, Local Business and C-2, General Business. Sandee's Restaurant occupies the northeast corner of the site and the remainder of the property is vacant. The proposed replat will consist of two lots; Lot #1 and Lot #2, Btock 1, Town Center Development. Rezoning a property to S-2, Redevelopment District allows for the maximum : flexibility for a redevelopment project; however, City staff asked the petitioner to design their project to try to meet the zoning classification codes most similar to their intended use. The proposed Lot #1 will accommodate Sandee's restaurant. Restaurants are typically zoned G2, General Business. Proposed Lot #1 is 24,525 square feet in size, - which exceeds the minimum lot area requirement for the C-2, General Business District. Proposed Lot #1 also meets all the parking requirements for size and number of parking stalls required for a restaurant use. Anoka County has had the opportunity to review the proposed project and has stated that additional right-of-way on Central Avenue and Mississippi Street will be required for future reconstruction purposes. They anticipate that a 120 ft. right-of-way corridor will be required for both Central Avenue/Mississippi Street intersections in order to provide the necessary tum lanes for future safety and operational purposes. The County assumes when the Central Avenue/Mississippi Street intersection is reconstructed, it would be centered in the 120 ft. right-of-way corridor. Consequently, roadway right-of-way dedication needs for this site are 27-30 ft. adjacent to Mississippi Street and 10 ft. adjacent to Central Avenue. Therefore, the County is requesting that at this time, both of the right-of-ways be dedicated. Due to the necessity of the right-of-way acquisition along both County Roads, the Sandee's restaurant building will be less than 1 ft. from the north property line, 3 ft. from the east property line, and the parking setback will be 5 feet from the north property line. The additional land acquisition will also require the petitioner to remove his existing patio area on the north side of the building. As stated above, due to the flexibility allowed in the S-2, - Redevelopment district, the diminished setbacks can be recognized under this rezoning master plan approvaL The proposed Lot #2 is 126,075 square feet (2.89 acres) in size. The petitioner is proposing to construct 55 senior owner occupied condominium units. The development will include 51 underground parking stalls and 4 garage stalls located at surface level. Because of the underground parking and the high water table in this area, the height of the building will be 51 feet at the midspan. The parking setback will be 10 feet from the property line on the east side of the property, due to the additional right-of-way being acquired by the County. 59 TRAFFIC Staff utilized a number of sources to determine the possibie impacts that 55 senior awner -.,, occupied condominium units may have on the local traffic patterns. In addition to _-= .= discussions with Jane Pemble, Anoka County Traffic Engineer, staff examined the Institute of Traffic Engineer's Trip Generation, consulted the Transportation chapter of the City's Comprehensive Plan, and reviewed the traffic study supplied by Loucks & Associates. Anoka County City Staff contacted Jane Pemble, Traffic Engineering Manager at Anoka County, who =- stated that currently the County has no plans or allocated funding to reconstruct, provide safety improvements, or signalize the Central Avenue/Mississippi Street intersection. Political and social pressures may determine when the intersection is re-worked. She also stated that it is not clear whether or not this development will have a significant impact on traffic volumes and/or tuming movements. In order to determine the impacts, a traffic study for this particular intersection will need to be done. _ � Institute of Traffic Engineer's (ITE) Trip Generation The 4th Edition of ITE's Trip Generation manual does not have a specific category for SENIOR RESIDENTIAL TOWNHOMES. As a result, Staff reviewed the traffic generation numbers for RESIDENTIAL CONDOMINIUMS. The RESIDENTIAL CONDOMINIUMS are not age specific, meaning that the numbers provided include persons of all ages and family- - sizes living in condominium style housing. As seniors may have very different driving --- = habits (ie. may be retired and rarely drive, or choose to drive at the least busy times of day) i the numbers presented by the ITE Trip Generation manual may be viewed as a worse- case scenario for the number of trips to be generated by the proposed development. The ITE Trip Generation manual states that for residential condominiums, each unit generates 5.85 trips / day. A trip means any vehicle entering or leaving the complex. For example, leaving for work 8� then returning from work would count as 2 fips. Given the 55 units, it would be expected that a total of 322 vehicles would enter or leave the complex during the course of a day. When the data is further analyzed, by time, the impact of these vehicles on the surrounding roadways is negligible. During the morning rush hours of 7- 9AM, an additional 24.5 vehicles are entering or leaving the neighboring roadway (Old Central) over the two-hour timeframe. During the aftemoon rush hours of 4-6PM, an , additional 30 vehicles enter into or leave from the complex. The following table summarizes what the ITE Trip Generation manual states a residential condominium complex generates for traffic during peak rush hours. EAK HOUR TRIPS/UNIT TIME # of Tri s/ Unit # of Units Total Vehicle Trips 7-9 AM .446 / Unit 55 Units 24.5 Tri s 4-6 PM .561 / Unit 55 Units 30 Tri s Comprehensive Plan — Transportation Chapter The City's Comprehensive Plan indicated that in 2001, the portion of Old Central adjacent to the proposed senior condominiums carried 8,000 vehicles per day and, at this traffic �. 1 level, was only carrying 57% of the traffic for which the roadway was designed and constructed to function at a Level of Service (LOS) D. The Comprehensive Plan anticipates Old Central carrying over 10,000 vehicles per day by the year 2020, based upon increases in=p4pulation for Fridley & surrounding communities, as well as �edevelopment and reinvestment within Fridley. At 10,000 vehicles / day, Old Central will be carrying 71 % if th� maximum amount of traffic for which the roadway was designed. Review of Loucks & Associates Traffic Analysis Town Center Development hired the Engineering & Planning firm of Loucks & Associates to perForm additionat traffic analysis. The consultants viewed the numbers for RETIREMENT COMMUNITY in the ITE Trip Generation manual and determined that the proposed complex would generate a total of 165 trips per day, As the condominiums are available for those over 55, a number of residents may still be working and the retirement community numbers may be low. The true number of trips per day likely falls between the 165 trips/day generated by a RETIREMENT COMMUNITY and the 322 trips/day generated by the average RESIDENTIAL CONDOMINIUM complex. A full copy of the consultant's report has been attached for your review. STAFF RECOMMEDATION City Staff recommends approval of Rezoning Request ZOA #03-03 and accompanying site plan for the senior building and Sandee's site, with stipulations. • Proposed rezoning is consistent with the Comprehensive Plan. • Provides housing opportunities for Fridley seniors. City Staff recommends approval of the preliminary plat for PS#03-08, with stipulations. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests, above. 1. Property to be developed in accordance with site plan, sheet C2-1, dated October __ 29, 2003, by Loucks McLagan Engineering Firm. - 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior �,omplex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 61 10. Petitioner to obtain a permit from Anoka County for any work done within the`county right-of-way. _ 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off. and management. 13.Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to -- issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. - 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems � located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. _ 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23.The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County . 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approvaL 62 r � crrr oF fRiDLEY Date: To: AGENDA ITEM CITY�'COUNCIL MEETING OF NOVEMBER 24, 2003 November20, 2003 Wiliiam Burns, City Manager �� fi From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for Plat Request, PS #03-08, Town Center Development M-03-171 INTRODUCTION Town Center Development, LLC, is requesting a plat to create two new parcels from 1282 Mississippi Street, currently Tamarisk Resources and 6490 Central Avenue, currently Sandee's and the vacanf lotsouth of it. Sandee's Restaurant will occupy one parcel and the other parcel will allow for the construction of the 55 senior owner occupied condominiums. ! [Supplementary reading materials available in Council's reading file] PLANNING COMMISSION RECOMMENDATION At the November 5, 2003, Planning Commission meeting, a public hearing was held for PS #03-08. After receiving public comment and discussion, the Planning Commission recommended approval of plat request, PS #03-08, with the 24 stipulations as presented and an addition of stipulation #25 to read, `The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003.° THE MOTION CARRIED UNIMOUSLY. Since the November 5, 2003, Planning Commission meeting, the petitioner submitted a new landscape plan to city st�ff. The new plan shows that an existing grove of trees along the western property will be left and 10 additional evergreen trees between 8 feet and 12 feet in height will be planted. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 63 STIPULATIONS Staff recommends the following stipulations be attached to the approval of ali land use requests, above. 1. Propert� to be developed in accordance with site plan, sheet C2-1, dated October 29, 2Q03, by Loucks McLagan Engineering Firm. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire MarshalL 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shail be removed prior to issuance of a building pe�mit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the county right of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petifioner shall identify ponding area and provide easements for storm water run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. - 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Proper-ty cwner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. .� 0 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25.The petitioner shall work with City staff and the:neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 65 e _ City of Fridley Land Use Application PS#03-08 November 5, 2003 GENERAL INFORM�kTI�N SPECIAL INFORMATION Appiicant: - Town Center Development, LLC 13750 Reimer Drive Maple Grove MN 55311 Requested Actions Replat property into 2 lots.- - Purpose: To create 2 separate lots to allow for the construction of a 55 unit senipr housing development. Existing Zoning: C-1 (Local Business), C-2 (General Business) Location: 1282 Mississippi St. & 6490 Central Ave. Size: - Total Area: 150,600 sq. ft. 3.5 acres Lot 1: 24,525 sq. ft. .56 acres Lot 2: 126,075 sq. ft. 2.89 acres Existing Land Use: Tamarisk Resources, Sand�e's Restaurant Surrounding Land Use 8� Zoning: N: Office Building, Apartm�nts & C-2, R-3 E: Commercial property & Residential homes & C-1, G2 S: Advance Companies & M-1 W: Duplexes & R-3 Comprehensive Plan Conformance: Future Land Use Map designates this area as Redevelopment. Zoning History: 1282 Mississippi Street: 1948 — Lot is platted. 1952 — House is built. 1985 — Property rezoned from R-1 to C-1 1987 — Lot split approved to split off the northerly 213 feet of Lot 3, Auditor's Subdivision No. 88, same being this property. 6490 Central Avenue: - 1948 — Lot is platted. ` Building constructed pre-1949 1954 — Addition to building. 1966 — Addition to building. 1980 — Addition to kitchen. . . Existing Legal Description of Property: 1282 Mississippi Street: Part of Lot 3, Auditor's Subdivision #88 6490 Central Avenue: Lot 1, 2, and 3, Auditor's Subdivision #88 Refer to attached Plat. Council Action / 60 Day Date: City Council — November 24, 2003 60 Day — December 1, 2003 Public Utilities: Sandee's is connected and water and sewer are available near the site for the new development. Physical Characteristics: Relatively flat, building, asphalt and some landscapinq. SUMMARY OF PROJECT The petitioner, Town Center Development, LLC, is requesting to replat the properties at 1282 Mississippi Street and 6490 Central Avenue to create two separate lots, which will accommodate the Sandee's Restaurant and a new parcel for the construction of a 55-unit senior owner occupied condominium development. SUMMARY OF ANALYSIS City Staff recommends approva/ of the Plat Request. Staff Report Prepared by: Stacy Stromberg & Paul Bolin - -- ZOA#03-03 8� PS#03-08 OVERVIEW � The requests: - - Town Center Development, LLC, is requesting two separate land use actions from the City of Fridley in order to construct 55 senior owner-occupied condominium units at 6490 Central Avenue. The two actions being requested are a Plat and a Rezoning, both of which will be examined individually in this report. A Plat is being requested to create two new parcels, from 1282 Mississippi Street, currently Tamarisk Resources, and 6490 Central Avenue, currently Sandee's and the vacant lot south of it. Sandee's Restaurant will occupy one parcel and the other parcel will allow for the construction of the 55 senior condominiums. The petitioner is also requesting a rezoning for the west side of Central Avenue between Mississippi Street and E. Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District The owners of Advance Companies, Z'►ebart, and the Housing and Redevelopment Authority have agreed to the rezoning request. Proposed Project: Town Center Development, LLC, is proposing to construct a 4-story 55-unit senior condominium complex south of Sandee's Restaurant. Sandee's Restaurant will remain, but will be under new ownership. The proposed 55 units will be own�r-occupied and comprised of 2 bedroom units. Thirty-one of the units will be 1,138 square feet, 8 ofthe units will be 1,185 square feet, and the remaining 16 units will be 1,255 square feet in size. The development will include 51 underground parking stalls and 4 garage stalls and additionat surface parking. A storm pond will be located on the south end of the project, with a trail system and landscaping surrounding the property. 67 SITE HISTORY - in 1991, Tom Brickner requested a rezoning of#he vacant property located south of Sandee's Restaurant and west of Central Avenue from C-1, Local Business, and C-2, General Business, to R-3, General Multiple Family Dwelling in order to construct a 48 unit, three story apartment building. This rezoning request was similar to the one before us today; however, it requested a rezoning to R-3, Multi-Family and was essentially an island of R-3 zoning, suROUnded by commercial and industrial properties. Ultimately, it was denied based on the fact that it was spot zoning. `x� ;r �� _. , �.. �O ."F QtM ' � . . PWV •g � i i , l 1 �' 1 f ' i � �p� � g : p : _ !3 �- _ ., � Circle signifies that area that was proposed to be rezoned in 1991. ANALYSIS _ . Rezoning Request ZOA #03-02 The petitioner is requesting a rezoning for the west side of Central Avenue befinreen Mississippi Street and East Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District. The properties requesting the rezoning request are 1282 Mississippi Street (Tamarisk Resources, zoned C-1, Local Business), 6490 Central Avenue (Sandee's and vacant lot south, zoned G1, Lc�cal Business and C-2, General Business), 6400 Central Avenue (Advance Companies, zoned M-1, Light Industrial), 6352 Central Avenue (vacant lot, owned by the HRA, zoned,CR-1, General Office), 6300 Central Avenue (Ziebart, zoned M-1, Light Industrial) and 1271 East Moore Lake Drive (vacant land, owned by the HRA, zoned M-1, Light Industrial). The only properties that are proposed to be redeveloped are 1282 Mississippi Street and 6490 Central Avenue; the others will remain as they exist today. � --- -----�— :�' ° 1 � °° "�� 2e2 � I �: � $ �� ( � �� j �4 � �i m-- � 12 '�,- � C7 �: ..� m � w cn � � � 38 � �� 8 � 3 � � � ( � v g` 0 � __ : 63. �� R d , � Zoning Map — Shows mix of zoning and properties to be replatted and rezoned. The City's Zoning Ordinance and official Zoning Map are the mechanisms that help the City_ achieve the vision laid out in the Comprehensive Plan. State Statute gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is � in confonnance with the Comprehensive Plan. The Comprehensive Plan was developed with resident input taken from several meetings held between 1998 and 2000 and is a`�ool intended to he/p guide future growth and development of the community...lt is a plan because it contains goals, policies and strategies that all work together, looking to the future and working towards achieving a community wide vision': In order for a rezoning to be viewed favorably, it must be in line with the City's vision laid out in the Comprehensive Plan. The proposed senior owner-occupied condominium complex and rezoning of the property meet several of the objectives the residents of Fridley identified in the visioning session for the Comprehensive Plan. The area of Old Central between Mississippi Street and Rice Creek Road was identified as an area for future redevelopment. Redevelopment is described in the Comprehensive Plan as a form of community revitalization that fransforms undesirable elements into desirable elements that reflect the community collective vision. The purpose of redevelopment is to provide the opportunity for more e�cient land uses and eliminate inefficient land uses and under utilized parcels. Redevelopment can also provide an opportunity to build new facilities, meet curren# market demands and desires of the City, and eliminate incompatible land uses. All the above purposes of redevelopment have the potential of being met with the rezoning of these properties. The Comprehensive Plan specifically states that for this portion of Old Central, "consideration should be made to replacing the current mix af single-family residential .• and commercial uses with higher density resrdential development that together with the health club may serve as an attractive residential location_for move-up housing". The Comprehensive Plan also states that for projects in th��redevelopment areas requiring rezoning that the S-2 zoning designation "would be the appropriate Zoning district to implement for the redevelopment project. The intent of the district is to provide the City with site plan review aufhority to determine if the proposed project meets the goals and objectives of the City's Comprehensive and Redeve/opment Plans". The Comprehensive Plan, in both the Future Land Use & the Housing chapters, addresses the desire for a variety of housing types in a number of goals listed below. • Ensure that adequate opportunities exist for the development of a variety of housing types at a range of affordability levels including low, low-moderate and high cost housing to meet the life-cycle needs of Fridley �esidents. • Create sustainable, self-reliant, mixed-use and mixed-income neighborhoods that contribute positively to the quality of life and image of Fridley. � Ensure a variety of housing types for people in all stages of the life cycle. • Strengthen neighborhoods and improve upon the quality of the City's housing stock • Diversify the housing supply to include move up housing both in the form of rental and owner occupied housing. - As Fridley's residents continue to age, demand will increase for "empty neste�" and senior housing. There will be an increased demand for senior rental, senior owned condominium/town homes, and assisted living facilities. The proposed project, 55 senior owner-occupied condominium units, will meet some of the current demand for those seniors seeking alternatives to their current housing type. To avoid spot zoning and achieve the Comprehensive Plan's goal for this area, the . petitioner has received permission from Advance Companies, Ziebart, and the Housing and Redevelopment Authority to request the rezoning from their current zoning designations to the S-2, Redevelopment District. _ Plat Request #03-08 Town Center Development, LLC, is seeking to replat the properties located at 1282 Mississippi Street and 6490 Central Avenue to create two separate lots. One of the newly created lots will accommodate the Sandee's Restaurant, and the other will be used to allow for the construction of a 55-unit owner occupied senior condominium development. The property at 1282 Mississippi Street is currently zoned C-1, Local Business. The existing building was constructed in 1952 and is currently being occupied by Tamarisk Resources. The property at 6490 Central Avenue has a split zoning of C-1, Local Business and C-2, General Business. Sandee's Restaurant occupies the northeast corner of the site and the remainder of the property is vacant. The proposed replat will consist of two lots; Lot #1 and Lot #2, Block 1, Town Center Development. Rezoning a property to S-2, Redevelopment District allows for the maximum 7� flexibiliry for a redevelopment project; however, City staff asked the petitioner to design their project to try to meet the zoning classification codes most similar to their intended use. The proposed Lot #1 will accommodate Sandee's restaurant. Restaurants are _ typically zoned C-2, General Business. Proposed Lot #1 is 24,525 square feet in size, which exceeds the minimum lot area requirement for the C-2, General Business District. Proposed Lot #1 also meets all the parking requirements for size and number of parking � stalls required for a restaurant use. Anoka County has had the opportunity to review the proposed project and has stated that -� -. additional right-of-way on Central Avenue and Mississippi Street will be required for future - reconstruction purposes. They anticipate that a 120 ft. right-of-way corridor will be required �R for both Central Avenue/Mississippi Street intersections in order to provide the necessary tum lanes for future safety and operational purposes. The County assumes when the Central Avenue/Mississippi Street intersection is reconstructed, it would be centered in the 120 ft. right-of-way corridor. Consequently, roadway right-of-way dedication needs for this site are 27-30 ft. adjacent to Mississippi Street and 10 ft. adjacent to Central Avenue. Therefore, the County is requesting that at this time, both of the right-of-ways be dedicated. Due to the necessity of the right-of-way acquisition along both County Roads, the Sandee's restaurant building will be less than 1 ft. from the north property line, 3 ft. from the east property line, and the parking setback will be 5 feet from the north property line. The additional land acquisition will also require the petitioner to remove his existing patio area on the north side of the building. As stated above, due to the flexibility allowed in the S-2, - Redevelopmenf district, the diminished setbacks can be recognized under this rezoning �_ ;, master plan approvaL The proposed Lot #2 is 126,075 square feet (2.89 acres) in size. The petitioner is proposing to construct 55 senior owner occupied condominium units. The development will include 51 underground parking stalls and 4 garage stalls located at surface level. Because of the underground parking and the high water table in this area, the height of the building will be 51 feet at the midspan. The parking setback will be 10 feet from the property line on the east side of the property, due to the additional right-of-way being acquired by the County. 71 TRAFFIC Staff utilized a number of sources to determine the possibie impacts that 55 senior owner _:.. occupied condominium units may have on the local traffic patterns. In addition to _ discussions with Jane Pemble, Anoka County Traffic Engineer, staff examined the Institute of Traffic Engineer's Trip Generation, consulted the Transportation chapter of the City's Comprehensive Plan, and reviewed the traffic study supplied by Loucks 8� Associates. Anoka County City Staff contacted Jane Pemble, Traffic Engineering Manager at Anoka County, who stated that cuRently the County has no plans or allocated funding to reconstruct, provide ` safety improvements, or signalize the Central Avenue/Mississippi Street intersection. Political and social pressures may determine when the intersection is re-wprked. She also stated that it is not clear whether or not this development will have a significant impact on traffic volumes and/or tuming movements. In order to determine the impacts, a traffic study for this particular intersection will need to be done. Institute of Traffic Engineer's (ITE) Trip Generation The 4`h Edition of ITE's Trip Generation manual does not have a specific category for ' SENIOR RESIDENTIAL TOWNHOMES. As a result, Staff reviewed the traffic generation numbers for RESIDENTIAL CONDOMINIUMS. The RESIDENTIAL CONDOMINIUMS are not age specific, meaning that the numbers provided include persons of all ages and famity sizes living in condominium style housing. As seniors may have very different driving m habits (ie. may be retired and rarely drive, or choose to drive at the least busy times of day) the numbers presented by the ITE Trip Generation manual may be viewed as a worse- case scenario for the number of trips to be generated by the proposed development. The ITE Trip Generation manual states that for residential condominiums, each unit generates 5.85 trips / day. A trip means any vehicle entering or leaving the comptex. For example, leaving for work & then retuming from work would count as 2 trips. Given the 55 units, it would be expected that a total of 322 vehicles would enter or leave the complex during the course of a day. When the data is further analyzed, by time, the impact of these vehicles on the suROUnding roadways is negligible. During the moming rush hours of 7- 9AM, an additional 24.5 vehicles are entering or leaving the neighboring roadway (Old Central) over the two-hour timeftame. During the aftemoon rush hours of 4-6PM, an additional 30 vehicles enter into or leave from the complex. The following table summarizes what the ITE Trip Generation manual states a residential condominium complex generates for traffic during peak rush hours. EAK HOUR TRIPS/U_� TIME # of Trips / Unit 7-9 AM .446 / Unit 4-6 PM .561 / Unit # of Units 55 Units 55 Units Total Vehicle Trips 24.5 Trips 30 Trips Comprehensive Plan — Transportation Chapter The City's Comprehensive Plan indicated that in 2001, the portion of Old Central adjacent to the proposed senior condominiums carried 8,000 vehicles per day and, at this traffic 72 _ __ �. level, was only carrying 57%'of the traffic for which the roadway was designed and constructed to function at a Level of Service (LOS) D. The Comprehensive Plan anticipates Old Central carrying over 10,000 vehicles per day by the year 2020, based upon increases in population for Fridley & surrounding communities, as well as redevelopment and reinvestment within Fridley. At 10,000 vehicles / day, Old Central will be carrying 71 % if the maximum amount of traffic for which the roadway was designed. Review of Loucks & Associates Traffic Analysis Town Center Development hired the Engineering & Planning firm of Loucks & Associates to perform additional #raffic analysis. The consultants viewed the numbers for RETIREMENT COMMUNITY in the ITE Trip Generation manual and determined that the proposed complex would generate a total of 165 trips per day. As the condominiums are available for those over 55, a number of residents may still be working and the retirement community numbers may be low. The true number of trips per day likely falls befinreen the 165 trips/day generated by a RETIREMENT COMMUNITY and the 322 trips/day gene�ated by the average RESIDENTIAL CONDOMINIUM complex. A full copy of the consultant's report has been attached for your review. STAFF RECOMMEDATION City Staff recommends approval of Rezoning Request ZOA #03-03 and accompanying site plan for the senior�building and Sandee's site, with stipulations. • Proposed rezoning is consistent with the Comprehensive Plan. • Provides housing opportunities for Fridley seniors. City Staff recommends approval of the preliminary plat for PS#03-08, with stipulations. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests, above. 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering Firm. - 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side �f Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 73 10. Petitioner to obtain a permit from Anoka County for any work done within t6�ms: : �y right-of-way. : 11. Resto�ation of bike path along Central after will be required after complet'��, .`' senior complex. ... 12. Petitioner shall identify ponding area and provide easements for stormwa��;� . a;�� and management. � 13. Storm pond maintenance agreement must be filed prior to issuance of buil�� permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP por� ':�: r; -�� entire site. - 15. City Engineering staff to review and approve grading and drainage plan pricR4° :° 4 issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuanrE,: :: building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association docum�� ;, �:� : to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined �� association documents. 20. Provide proof that any existing wells or individual sewage treatment syster�� located on the site are properly capped or removed. 21. Property owner of record at time of building permit applicatio�, to pay all wa�ef �� r - sewer connection fees prior to issuance of a building permit. 22.The petitioner to provide a traffic study that is approved by the County prior t� issuance of a building permit. -- 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development incl�� : signalization or other improvements, if determined necessary by Anoka Coc�� . 24. A Development Agreement outlining the Developer's obligation to install �.�� . :, etc., will be prepared by the City and shall be signed by the Petitioner pri�� :.> , plat approval. 74 � 1 � � � . � MU�.�'��', G�?�I.1�.IVVJf:tV,��It & ��EhT��.�.�5'�', �.i.P. A'T'�C7RItiE'kS AT LA� Jerem.ia� ��.. ��Iu.cphF �'�ce RC. Goldammez 'z"e,rx�* N. Pread�rge�t 1:3e�rie 5anr,lzez-Cole �c�: ��oM: I�AT� : F'�E: P�Ad�IE�: +C�Mirl1E�'P5_ 1 [�3 �i oxtix Phillips A'ceriue L�iells Pzr�,za Builciing, 5�te 4�02 Siv� �'alls, SD 5^104 Post C)fi�ca 19os 1725 SiocL� Falis, Sou#h Da�ota .�i � TOT-172S FAC�tM(�.E Ti�►N�NitT"�A� e;u Hiri� � �� Vance R.�. Go�dammer Nov�m�er'!�, �0�3 Tcicphone: G�5-�3T-2475 �scsixn�i,e: {i05-33�-6�-73 n�G� �o. — �a��.�.a�1 �� iv0. ��■�si Q ' Fu�niture C�utl�ts � �Pidley �(in�lu�iang caver si��#) "'"'IMPdRTANIT NQTICE"""* This message is intended onfy for the use of the irdividual entrty ta which ii is addressetl, and may corstain inforrrration #hat is privifeged, canfidenfial, and exempt from disc�osure under applic�ble I�w. If tF�e r�ader of tt�is message is no# the i�tended recipi�nt, ot ti�� etripltty�e or �nt r�spansible for delivering the m�sage tc� the intende� recipien#, you are h�b;� notified th�t arry disseminafion, distribution, ar e�pying of this corrt�uniCation is �ti'iCNy prohibitsd. If you hav� rec�iv�d this commur�ication in errar, ple�se notr%v ua immediat�ely by telaphone and return fhe original message ta us at the above address via the U,S. l�css�al Service. Tha�nk you. omarare�dma�.rar�rrrMr■r.rryrrr■r■a■s■■■rrrsan•.■■■■s■a■e■■■e��a�r��s�oa�awrrap !� Y�U HAVE �iN°l P1�pg1.��91VS R��1�'QI�� i'1�1� FACSIMILE, PLEAaE CC�NT��T. JO-�I�f� a� 6�i5-3$� R29�'�, r PreAared by: VanSa R. C. Gddammer Murphy. Gddernrner & Prenderp�s[. L.L?. 'i 01 N. Ph7lips Av�, $� #�¢(}2 P_d_ Bax 772$ sio� FaFi�, $p $7101-1726 (605)331�2975 FiR�l.a4NE �ASEMENT AGREEN9EN'� ("FF.,�"� This FEA i� m�de �s af this day of November, 20p3, by �nd between GMRQI li, LLC, a Sau'kh Dakota Limited Liability Corrtpany ("GMRt�lnj, i4A E. 60ih Street, N., 5ioux Falts, Soutlz Dakat3 571Q4, and H�rne V�lu, Inc., a Minnesota corporatia�r,, farmerly knnwn as Plywood Minnesota, Cnc., 5401 East Rtv�r Road, Minne�patis, �linrsesc�ta 55421 {"Horne"). WITNESSETf-I; WHEREAS, GMFiO( 6s the owner of Lots 2 th;ough 5, Blo�ls 1, Great Nt�rthem Endustria! �enter — Fri�ley, according to tl�e plat an fii� �nd �f reCpt'd in th� office of R�gistrar of Titles, Anoka �ounty, Niinnes�ta; artd WH�F�EAS, Home is ihE owner af L�t 1, Block 1, �reat Northem Industtiat Genter— Fridl�y, ��cor�ing fo thc plat �n fil� an�; of r�cord in the office of Registr�r af T+fJe�, Anok� Cauniy, iviinnaso�a; an� iNHEREAS, GMRt�� is being required by applicabl� gnvemm�r�#al author��s ta r,onstruct � fir�iane as shown c�n L,at 2 nf its �roperty �s shovdn r�n Ex}�ibit 1 wnich is attached henefio and by thi� t�ferenc� inc�rpor�t�d a$ iPft�ily s�t'�oti�t herein whiCh firelane wi(I require a smalt ess�ment area and a no-build zqne from Hame; and WHEREA�, Home ha.s. egreed to grant end easem�nt far purpnses of said frel�ne and a,grses t� �he no-bull� zone aver a partian �f its parking area, upon which it has no pl�ns ta build �nyway, in consideratiarr of the impravements that wiil be made for the benefit of #he �djacent praper#ie.s 2,s �, re�ult of'kite irnpPOVements t� b� �onstructed on the GMRQi praperty, f�d�Af iH.EREF�7R1E, it is agreed as fiali�ws: (1 } Firelane �asernent. In considera#ion of the mutu�l cavenan'tS herein ct�ntained and for oth�r g�o� �nd vafuable considera�vn, Nom� hereby grar�s �MROI an easernen� for the p.urposes �f th� canstruction and use of a firel�n� as shawn an �xhibit 9. GMROI �griaes to be respo��ible far ail of tF,e costs of construction �nd maintenanr.� afsaid fireiane. (2) N4-Bufld Zone. !n consld�ration of tt�e mutual covenants contained i�er�in and far other good �nd valuable considera�ion, Flom� egr�es thatth� ar�a shown ar� its property within t�� desned 1'ine� entitled "Op,en Way/Yard" as set fi�ri�� an Exhibit 2 which is atCached hereto anci by this referEnce incocporat�d a� if fully set forti� her�:in, snalf be utifizea only for parKing, ingr�ss, egress, a�nd fands�aping purpas�s by Hame, and Horne wilt not construct an}r ath�r improv�m�nts or building �,n s�1id C�pen u►t�y/�t�rd or9�. {3} Pubiic Granfi. Nathing contained herein shall bs const*ued as a greni of any right to any public or government.a! autharity or ageney. � �. (4� Ri�ht� of Successars. This FEA �nd the benefits and obligafions hereurider, shatl cr�ate mutuaf ber��ftts �r�d servitudes running wifih tF�e tand. This Agreementshall bind and inure �o �he f�en�fit of the part�s here�ko, an� their respective I�ssees, successors and assign�es. (N U1�'IThl,ES� WH�RE�F, the patfi�s have �xecuted this FEA this day of Navember, 2b0�. GN1Ftpf It, LL�G, a South� Dekota Hame Valu. Ona_ Lim�ted i�i�bllfty Comp�ny � Niirtnesota corpora�ion ay lts Memiaer �TAF� OF S�UTH DAFCOTA) :�� GOUNTY OF MINNEHAHq ) �� tts On fhis the day of Novernb�r, 2��3, before me, fihe und�rsigned off�cer, p.�r�onall� app�ared , wh� acknevrtedged hims�Ef to be a M�mber of GhliROi f 1, �L,C, a�auth Dak�ta Limiied Liability Compar�y�, �nd that he, as su�h Member being authorized �a io dn, executec! #h� foregoir�g instrurr��nt in n�me r�th� Limit�i �.iabifiiy Garnpany, by signing the name ofthe Limi�d Li�bility by himself as 1VAember. IJ� �vl�'[TPVES� WHERE�F, 1 hereunto set my h�nd and offcia[ seaf. C��1 Notary Public - Sau#it D�k�t�t �ty commission expires: STATE OF MINP,{ESOTA �OU�ITY OF qt�pKA ) _ss ) Qn thi�'the day of htovernl�er, 2d0$, bef�re me, the undersigned officer, personally appeared , vrho ackn�wled�ed himself tc� be th� of Hom� V�lu, (t'�., � Minnesata carporation, a�nd tMat he/she, as such being �uthorfzed �o tv da, executed the �or�egoir�� irrstrs�mer�� in name af the corpor�tioR, by signing #he n�me ofthe corprr�tion by hirnsetF�ersefFas lIV WI3NESS WNEREdF, i h�rcunto s�t rny hand and officiai seal. [SEti�j �atary Publ;� - Minreesotr� t�y camrrrissfor� e.xp'rres; �g�IBIT 1 � • t � E�HIBIT a .� � � � t t IN�hC� FGK3f P�l�T� i�5 � T�-'rr�,hi 6P'-0" �?CiST. �!^uN G0�(F�:t�(!�t�s Gt�ie57'i�UGTI� Ta (�G . P�DViU� 3 f�2. �X i�RIOf� 1'�,�L�L ' . G�f�lSi'RIJG7i0N ,� f L�7GAi`l0� L� i�}�i� f�0'-G" 5cG i I ON �77.�r2 t •. t .�.T�7E TO � NR W.4LL - GoI�Tr2lJG'!"'EJI� �� r �'�' V1�c �ao'-0'� �• Or��N YV�Y/ 1',4f�G O�'Et�ll �^i�Yf Y1�� '• 0 � proJect : �ulletin lVt�. T�� Z� � �� i fir�ti'i�! V, � i irt�� I� ° PS1�NM1�C9�L{f01i �ti�l� i irr I�Is�t �� 7'�t�, 9�h 8'iR*�T � �, ►e� ynzz t�. ast�f�c�s �1 a'��= fa: G57/4'JG-Pi+�? � � f��C� �'�rs r�nrn nrvi rnn uvw+�i�� .��w.+u�.....w.... _I.�.�.�.. .... ..� �.... . � � ��°�� e �e�&e o,�' �, � ��p-�e .��sc�a�asa�:, �a-�sac�.�rr�.t �. �.�.�. � �� inte�reors � iR�Briort 5401 East River Road • Minneapolis MN 55421 (763) 571-2636 (763) 571-3411 CorporeceTelephonz Corporate FAX � � �� , �� i � , �� - � �%� ' � �G� � � � � �� /� ��E :;�'� �� ( � ��. � � -� � ' `� � , .�. � � �� - c< . ' b .�,�s �� `� � ,�v� � Dl � u ,' ��+� � , � " ��r '� � � /�r . 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L, '. ,;`� 4 ��> � � �^\ ` i � U �' �� u�?„ . . , , � .� � � a � �,��.� � � � '�Y�� ' , � � r � � � r�� `� �� ; ; �r� , � ' � r, ,�`,�...�,�: � ��r �,�� !� �� `�'" � � °�; �` �� ) u p � y �[ � 3 � � a � t`� � n" t'i� �� .v, �� ; � § ,k ; �� ,j �� ' t i'C`• ,j �� . � ` ' � ��'� � F �j. d .�� ; � c �; ' ^ � �� : � �� , � ,: � �� , �� - ,� � ; �� . � } ��' 1. � � �� , � { '; � -� � � �� ` fl�,��- �� -, � �: ; _ � f��,,,,,,. ..� ;. �� ' - ,� , r Ordinance No. -t , . AN ORDINANCE AMEDNING CHAPTER 205, SECTIONS 205.13, 205.14, 205.15, 205.17, 205.18, 205.19, 20�.20 RELATED TO PARKING FOR A FURNTICTRE STORE USE IN THE COMMERCIAL AND INDUSTRIAL DISTRICT� The Fridley City Council hereby finds after review, examination and recommendation of staff the Chapter 205 related to parking for a furniture store use in the Commercial and Industrial Districts be amended as follows: SECTION 1. That Section 20�.13 be hereby amended as follows: 205.13. C-1 LOCAL BUSINESS DISTRICT REGULATIONS 5. PARKING REQUIREMENTS C. Parking Ratio (1) At least one (1) off-street parking space shall be provided for each 150 square feet of building area in the C-1 District except: (e) At least one �1) off-street�parking space shall be provided for each 400 square feet of building floor area for furniture sales use. SECTION 2. That Section 205.14 be hereby amended as follows 205.14. G2 GENERAL BUSINESS DISTRICT REGULATIONS 5. PARKING REQUIREMENTS C. Parking Ratio (1) At least one (1) off-street parking space shall be provide far each 150 square feet of building area in the C-2 District except: (g) At least one �) off-street parking, space shall be provided for each 400 square feet of building�floar area for furniture sales use. SECTION 3. That Section 205.15 be hereby amended as follows 205.15. C-3 GENERAI, SHOPPING CENTER DISTRICT REGULATIONS ' ._ /' , ' . + � . . a 5. PARKING REQUIREME�tTS C. Parking Ratio (1) At least one (1) off-street parking space shall be provided for each 150 square feet of building floor area in the C-3 District except: (fl At least one (1) off-street parkinQ space shall be provided far each 400 square feet of buildin� floor area for furniture sales use. SECTION 4. That Section 205.17 be hereby amended as follows 205.17. M-1 LIGHT INDUSTRIAL DISTRICT REGLJLATIONS : 5. PARKING REQUIREMENTS C. Parking Ratio (9) At least one (1) off-street parkin� space shall be provided for each 400 square feet of buildin� floor area for furniture sales use. SECTION 5. That Section 205.18 be hereby amended as follows: SECTION 205.18. M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 5. PARKING REQUIREMENTS C. Parking Ratio ` (9) At least one (1) off-street parking space shall be provided for each 400 square feet of building floor area for furniture sale use. SECTION 6. This Section 205.19 be hereby amended as follows: SECTION 205.19. M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE I�IS�'RICT REGULATIONS 5. PARKING REQUIREMENTS C. Parking Ratio . . �. . , • (9) At least one (1) off-street parking space shall be provided for each 400 square feet of buildin� floor area for furniture sale use. SECTION 7. This Section 20�.20 be hereby amended as follows: SECTION 20�.20. M-4, MANUFACTURING ONLY DISTRICT REGULATIONS 5, PARKIV'G REQUIREMENTS C. Parking Ratio (9) At least one (1) off-street parkina space shall be provided for each 400 square feet of buildin� floor area for furniture sale use. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24`n DAY OF NOVEMBER, 2003 Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: Publication: � CfTY OF FRIDLEY AGENDA ITEM CITY CE?t�NCIL MEETING OF NOVEMBER 24, 2003 Date: November 17, 2003 � To: William Burns, City Manager�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for Zoning Text Amendment, ZTA #03-01, David Baillie, Furniture Outlets USA M-03-169 INTRODUCTION Mr. Baillie, of Furniture Outlets USA, Inc., is requesting a zoning text amendment to add language to the code, whic� wou�d allow a fumiture store use to have one parking stall for every 400 square feet of showroom space. [Supplementary reading materials are available with the special use permit request] PLANNING COMMISSION RECOMMENDATION At the November 12, 2003, Planning Commission meeting, a public hearing was held for ZTA #03-01. After a brief discussion, the Planning Commission recommended approval of both ZTA #03-01, with the stipulations as presented. The Planning Commission did however require that the petitioner contact staff to ensure that the site plan meets the required parking stall width and that they submit a new site plan prior to the City Council meeting. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends that this item be tabled as the petitioner has failed to provide City staff with an accurate site plan that depicts the required amount of stalls that meet the required widths. 75 s, -,., � t �� GTY OF FRIDLkY - AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 24, 2003 DATE: November 24, 2003 TO: Wiiliam Burns, City Manager �� FROM: SUBJECT: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner Public Hearing - Ordinance Amending S-3, Onaway District, Solid Waste. M-o�� s� Introduction City staff is requesting consideration of an ordinance amendment to the Fridley City Code, Chapter 205, pertaining to S-3, Onaway District, screening of solid waste. The change in the code will not require screening of solid waste containers located within an alleyway in the Onaway District. Background/Reasoning During the systematic-eode enforcement sweeps of the commercial/industrial districts, it was brought to the attention of City Staff that industries in the Onaway District had unique hardships when it came to the screening of so(id waste containers. In December 2002, City Staff hosted an open house for the Onaway District business owners to discuss various concems they had regarding Fridley City Code. At that time, City Staff and business owners collaborated to find ways that would provide relief to business owners from the Solid Waste, Chapter 113 requirements due to the unique conditions found in the Onaway District. Staff strived to maintain a balance befinreen industry needs and community needs. . Current language states that all solid waste containers are not to be visible from the public right-of-way. Many commercial and industrial sites have the space to accommodate an enclosure for the storage of containers. However, properties in the Onaway District with solid waste containers in the alleyway do not have the space to accommodate enclosures and/or have other extenuating circumstances that prohibit an enclosure on the �roperty. As you may recall, Onaway business owners discussed the concems of solid waste screening at the public Kearing held for the amendment of chapter 205 (outdoor storage in industrial districts). It was determined that this ordinance amendment, in particular, would be in the best interest of the Onaway industries and the community. Recommendations Staff recommends the approval of the proposed changes to the screening of solid waste requirements in the S- 3, Onaway District. The proposed changes would allow Onaway District industries that do not have site conditions to accommodate a solid waste enclosure to be in compliance with Fridley City Code. Changes to the ordinance are noted in the attached ordinance format. 76 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO S-3, ONAWAY DISTRICT, SCREENING OF SOLID WASTE. THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That Section 205.25.10.D.(3) is hereby amended as follows: � Any�ulk or box tvne container used for the storaee of , mixed municinai solid waste. recyciables. or comnostables must be located in the reaz or side yard and be totally screened from view from any public right-of-way (except as listed below). Provisions must be taken to protect screening from vehicle damage. �nv bulk or box tvne container used for the storaee of mixed municinal solid waste recvclables, or comvostables located within an allevwav must be located within five (51 feet from the nrincinle structure and ��P� ��t reauire screenine from anv public ri¢ht-of-wav. PASSED AND ADOPTED BY THE CITY COUNCIL OF TH�� CITY OF FRIDLEY THIS DAY OF 2003. ` --� ATTEST: DEBR.A A. SKOGEN, CITY CLERK _ First Reading: Second Reading: � Published: 77 SCOTT J. LUND, MAYOR � AGENDA ITEM � C�TY COUNCIL MEETING OF NOVEMBE��_ 4, 2003 CffY OF - FRIDLEY Date: November 24, 2003 To: William Burns, City Manager p` � � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stephanie Hanson, Planner RE: First Reading of an Ordinance Amending S-3, Onaway District, Solid Waste. M-03-16� INTRODUCTION Ciry staff is requestin�onsideration of an ordinance amendment to the Fridley City Code, Chapter 205, pertaining to S-3, Onaway District, screening of solid waste. Th� change in the code will not require screening of solid waste containers located with�� ::: alleyway in the Onaway District PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council approve and hold the first reading of ��, ordinance to amend Fridley City Code, Chapter 205, S-3, Onaway District, Solid Wa��:�;. m :� � 9 ORDINAiYCE NO. AN ORDINANCE Av1ENDING CHAPTER 205 OF THE �RIDLEY CITY CODE PERTAINING TO S-3, ONAWAY DISTRICT, SCREENING OF SOLID WASTE. . THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: " That Section 205.25.10.D.(3) is hereby amended as follows: Any bulk or box t}�e container used for the storaee of mixed municival solid waste. recvclables. or comnostables must be located in the rear or side yard and be totally screened from view from any public right-of-way (except as listed below). Provisions must be taken to protect screening from vehicle damage. AnYbulk or box tvne container used for the stora�e of mixed municipal solid waste recvclables or comnostables located within an allevwav must be located within five (51 feet from the nrincinle structure and does not reauire screenine from any nublic rieht-of-wav. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2003. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK � First Reading: _ Second Reading: Published: I !�J i AGENDA ITEM CITY COUNCIL MEET11�� OF NOVEMBER 24, 2003 CRY OF FRIDLEY Date: November 17, 2003 To: William Burns, Ci Mana er �� R �'' g fi From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-19, David Baillie, Furniture Outlets USA M-03-172 INTRODUCTION Mr. Baillie, of Furniture Outlets USA, Inc., is seeking a special use permit to increase the lot coverage requirement from 40% to 48%, to expand the existing building at 5353 East River Road, to be used as additional furniture war�haus� space. PLANNING COMMISSION RECOMMENDATION - At the November 12, 2003, Planning Commission meeting, a public hearing was held for SP #03-19. After a brief discussion, the Planning Commission recommended approval of both SP #03-19, with the stipulations as presented. The Planning Commission did however require that the petitioner contact staff to ensure that the site plan meets the required parking stall width and that they submit a new si#e plan prior to the City Council meeting. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends that this item be tabled as the petitioner has failed to provide City staff with an accurate site plan that depicts the required amount of stalls that meet the required widths. : 1 9 � _ 1__ City of Fridley Land Use Application ZTA #03-01 & SP #03-19 November 5, 2D03 � GENERAL INFORMATION SPECIAL INFORMA��4f�F Applicant: David Baillie Furniture Outlets USA, Inc. 140 East Hinks Lane Sioux Falls SD 57104 Requested Action: Zoning Text Amendment to add language to the parking section of the code. Special Use Permit to increase the allowable lot coverage in a M-2 zoninq district from 40% to 48%. Existing Zoning: M-2 (Heavy Industrial) Location: 5353 East River Road Size: 391,468 sq. ft. 8.99 acres Existing Land Use: Vacant Wick's Building Surrounding Land Use & Zoning: N: Interstate 694 E: Home Valu & M-2 S: Aramark Uniform Services & M-2 W: Multi-tenant Building & M-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: — Sec. 205.18.03.C.(1).((a)) requires a special use permit for a one-story building in the M-2 zoning district to increase lot coverage from 40% to 50% of the lot area. Sec. 205.18.3.C.(4).((a)) requires that the petitioner meet all other ordinance requirements. Zoning History: 1969 — Lot is platted. 1971 — Buildinq constructed. Legal Description of Property: Lots 2,3,4,5, Block 1, Great Northem Industrial Plat Public Utilities: Ri icinPCC ic �.nnna�ta�l � Transportation: East River Road Service Road provides access to the property. Physical Characteristics: Lot consists of the building, parking lot, and ` a few landscaped areas. SUMMARY OF PROJECT Mr. Baillie, of Furniture Outlets USA, Inc., is requesting a zoning text amendment to add language to the code, which would allow a furniture store use to have one parking stall for every 400 square feet of showroom space. Mr. Baillie, of Furniture Outlets USA, Inc., is also seeking a special use permit to increase the lot coverage requirement from 40% to 48%, to expand the existing _ building at 5353 East River Road, to be used as additional furniture warehouse space. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit. City Staff recommends approval of this zoning text amendment request. • Based on the Institute of Transportation, Engineers analysis. _ _ • Based on the survey done of other cities requirements. City Staff recommends approval of this special use permit request as an increase in lot coverage for a one story building from 40% to 50% is a permitted special use: in the M-2 zoning district, provided all other code requirements are met CITY COUNCIL ACTION/ 60 DAY DATE City Council — November 24, 2003 60 Day — December 1, 2003 Staff Report Prepared by: Stacy Stromberg ZTA #03-01 and SP #03-19 REQUESTS Mr. Baillie, of Furniture Outlets USA, Inc., is reques�ing a zoning text amendment to add language to the code, which would allow a furniture store use to have one parking stall for every 400 square feet of showroom space. Furniture Outlets USA, Inc., is also seeking a special use permit to increase the lot _ coverage requi�ement from 40% to 48%, to expar�d the existing building at 5353 East _ River Road, to be used as additional furniture warehouse space. SITE DESCRIPTION Furniture Outlets USA, Inc., has purchased the building at 5353 East River Road, formerly the Wick's property, and is planning to use the building for an Ashley Furniture store and warehouse. The subject property is zoned M-2, Heavy Industrial as are all surrounding properties. The property receives access from East River Road Service Road and the existing 141,986 building was constructed in 1971. __ Existing Building — taken from the west side of the building ZONING TEXT AMENDMENT The petitioner is requesting a zoning text amendment to add language to the parking sections of the code, which would altow a furniture store use to have one parking sta11 for every 400 square feet of showroom space. The petitioner is requesting the zoning text : amendment from general retails 1 stall for every 150 square feet requirement, because of the very low parking demands of furniture stores. _. Currently, the city code requires that all retail uses meet a 1 parking stall for every 150 square feet of retail space. The proposed showroom inctuding the clearance area is 47,200 square feet. Current code requirements would require the petitioner to have 315 parking stalls. The petitioner is requesting to change that requirement and use a 1 to 400 , square foot ratio for furniture store use only, which would only require 118 parking stalls. Using the 1 to 400 square feet ratio versus the 1 to 150 square feet ratio for general retail �- would reduce the amount of required parking stalls by 197 stalls. Aerial of subject property To prepare for this zoning text amendment request, Ashley Furniture and Furniture Outlets USA completed an internal parking study of their 14 Midwest Stores. The study required their store managers to make field observations on an hourly basis over a 7-day period to see how many parking stalls were being occupied. The stores surveyed range from 11,250 square feet to 89,000 square feet in retail space. The required city parking ratios for the cities in which their other stores are located ranged from 1 space for every 1,000 square feet of retail space to 1 space for every 250 square feet of retail space. Their research found that that hourly parking counts ranged from 0 cars to a maximum of 76 cars, which was at their Albertville store on a Saturday at 5 p.m. Their Albertville store is 53,000 , square feet in size. Overall, the research of their 14 Midwest stores showed that a ratio of 1 parking stall for every 400 square feet of furniture retail space would be more than adequate to accommodate customer and employee parking. � The petitioner also hired RLK Kuusisto, Ltd, a private engineering and planning firm, to do a parking analysis. Their analysis focused on the total paricing demand for the store and is estimated based on data contained in the Institute of Transportation Engineers' (ITE) Parking Generation Table as well as data provided by Furniture Outlets USA 14 stores. A copy of the study is included in your packet. � : RLK reviewed trip generation and parking demands to determine the highest hourly traffic demand for a facility of this kind using the methodology of ITE. The study indicated that in the PM peak hour, this site is only estimated to generate approximately 20 trips or 10 cars. _ The ITE also recommends that furniture stores provide'/2 parking spaces per 1000 square feet of gross floor area. The proposed retail space is 47,200 square feet, which according to the ITE requirements would require 57 parking spaces. Lastly, the petitioner also surveyed a number of communities in the metro area to determine there parking requirements for furniture retail uses. City staff also surveyed cities in the metro area as well as cities around the United States. Of the 22 cities _-�; _. surveyed by both the petitioner and city staff, 16 of them have specific parking requirements for furniture sale uses that require 1 parking stall for every 400 square feet or more of fumiture retail space. Some of the neighboring communities that fall into that category are Blaine, Coon Rapids, Maple Grove, Osseo, Plymouth, Robbinsdale, Roseville, and New Brighton. If the zoning text amendment is granted, the property will be in compliance with all zoning code requirements. There is 47,200 square feet of showroom space, which would require - 118 parking stalls at 1 stall per every 400 square feet. There is 94,786 square feet of existing warehouse space and 46,336 square feet of proposed warehouse space, which would require 71 parking stalls. Total parking required on the site would be 189 stalls. The petitioner is showing 190 stalls on the site plan; therefore, the site would be in compliance with the parking requirements. . ,_ SPECIAL USE PERMIT ANALYSIS As stated above, the petitioner is also seeking a special use permit to increase the lot coverage requirement from 40% to 48%, to expand the existing building to be used as additional furniture warehouse space. The existing property is 391,468 square feet and the existing building is 141,986 square feet, which meets the allowable 40°/a lot coverage requirement. However, the petitioner plans to construct an additional 46,336 square feet for warehouse space, which increases the lot coverage to 48%, thus the need for a special use permit. The code requires that a special use permit may be granted as long as the property is meeting all other code requirements. All landscaping, setback, and storm water management requirements are being met. The only requirement that isn't met is the parking requirement; however, granting the zoning text amendment, would bring the property into compliance. City staff hasn't heard any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this zoning text amendment. • Based on the Institute of Transportation Engineers analysis. • Based on the survey done of other cities requirements. ; ,I 9 Cify Staff also recommends approval of the specia! use permit request as an increase in lot coverage for a one story building from 40% to 50% is a permitted special use in the M-2 zoning district, provided all other code requirement are met, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. ` 1. The petitioner shall obtain any required permit prior to the start of construction. _ 2. Final landscape plan showing size of planting shall be submitted and approved by City _ staff prior to issuance of a building permit. 3. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. 4. No outdoor storage of equipment or materials is permitted. 5. Screening of rooftop mechanical equipment shall be required. 6. Petitioner to comply with all building, zoning and fire code requirements. E�� / � CfTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF NOVEMB�R 24, 2003 � Date: November 19, 2003 To: Wiiliam Bums, City Manager �� . /� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Amendment to the Sign Plan for Moore Lake Commons West M-03-166 fl.��:t�I1iI�C�7►1 George Applebaum, owner of the Moore Lake Commons West located at 1001 E. Moore Lake Drive is requesting an amendment to their existing sign plan to allow a tenant#o install a sign not in character with the rest of the buildings tenants. Pawn America has sub-leased their vacated space to Life Time Transitions, a non-profit, to operate a thrift shop in their space temporarily until a longer-term user is found for the space. Because of a 30-day termination clause, Life Time transitions is seeking to install a non- conforming sign (vinyl lettering) to avoid the high cost associated with matching the existing sign criteria for the building (raised back-lit cabinet style letters). Mr. Applebaum has stated that this modification to the sign code would be specific to this tenant. (A letter from Mr. Applebaum & information on Life Time Transitions has been attached for your review). CODE REQUIREMENTS Code Section 214.14, states, 1...all owners of shopping centers and multiple use of three (3) or more businesses or industries, if they have not already done so, must submit a comprehensive sign plan to the City Council for approval. 2. All future signs erected within the shopping center or multiple use building shall conforrn �� the conditions of the sign plan and may be subject to conditions other than those in di�trict regulations in order to promote uniform sign appearance. :. Fii HEXRD Mf�NRGEMENT CO. 4109 HIGHWOOD RD. ORONO. MINNESOTA 55364 (612) 472-1270 November 14, 2003 Members of the City Council City of Fridley 6431 University Avenue NE Fridley, MN 55432 Re: Life Time Transition, Inc. Dear Council Member: As the owner of the Moore Lake Commons West shopping center, I am trying to accommodate a sign request from a sub-tenant for the old Pawn America space. Life Time Transition, Inc. is a non-profit organization providing various types of support to people recovering from alcohol and/or drug use. Literature describing the work of Life Time Transition is enclosed for your review. Pawn America has been gracious in allowing Life Time Transition to operate a"thrift" shop in the shopping center at a very below market rate while they negotiate for a permanent replacement. While Pawn America's lease runs through October of 2005, the sub-lease with Life Time contains a clause that provides for a 30-day termination in the event Pawn America successfully negotiates a sub-lease with another party. That, in addition to their non-profit status provides strong reasons to allow Life Time to install a non-conforming sign due to the high cost of the signs called for in the criteria. All of the parties involved would like to see this accomplished as soon as possible so I am sending this letter to inquire if there is a way to circumvent the existing sign criteria. In the event the city feels a real need to modify the Sign Criteria, then this letter shall serve as a formal request to modify the existing Sign Criteria for the Moore Lake Commons West shopping center to allow for the installation of a non-conforming sign, which would be specific to the above referenced tenant. Thank you for your consideration of this request. Please feel free to contact me if you need any additional information. Sincerely, Sh woo laza LLC eo ebaum Managing Member cc: Sam Stern, Life Time Transition, Inc. . r, ..�i e �me �ransition, 7nc. Missian of Life Time Transition, Inc. Life Time Transition, Inc. provides necessities in a clean and sober environment to support a successful transition to living life in recovery. Prograins LTT's programs include providing food, transitional housing, employment assistance, clothing, G.E.D. schooling, transportation, personal needs grants, recreation, mentoring, and life skills training to assist its beneficiaries to maintain a clean lifestyle. Philosophy Behind Our Mission and Programs LTT believes that the likelihood of receiving successful treatment for chemical dependency, and maintaining a clean lifestyle, is greatly enhanced if the individual receives support in areas of his or her environment which might otherwise lead to relapse. LTT operates transitional sober housing in the Twin Cities suburbs and uses the sober house environment as a base to provide support. Wh1� Life Tirne Transitiofl, Inc.? Life Time Transition's services are available to all needy adults who participate in or have completed a program for the treatment of chemical dependency. Life Time Transition uses its funds to provide the following support to individuals desiring to stay sober: � ;�;�,�� • Laundry facilities • Food � � � ��'��'�� '�`� • Clothes and school supplies fior • Transpartatian • Toiletries • Entertainment • Post-treatment housing • Life Skills Training • G.E.D. classes • Employment Assistance . . . . children of persons in treatment Furniture for apartments Funds to acquire drivers licenses Storage & truck rental for persons being evicted while in treatment Dacument acquisition Personal needs grants ($40-$100) 5810 42nd Avenue North, Robbinsdale, MN 55422 Tel: 763-531-9488 Fax: 763-531-9591 Federal Tax I.D. No. 41-2020862 www.lifetimetransition.org e-mail: info@lifetimetransition.org _� =;�; %�%= � ''�!��e :�!�'I �aurii,i� <�uu� �� .Li e �me �ransition, 7nc. Donations to Life Time Transition, Inc., a 501(c)(3) non-profit, are tax-deductible. �t Sampl f Our Su��vrters 13 Moons Acapulco of MN, Inc. Allstate Residential Mortgage AMF Earle Brown Lanes Applebee's Arby's Arizona Renaissance Festival Art Effects, Inc. Becky Gander Big B's (Mr. Clutch) John Brett/Brett Admixtures Brookdale Printing Brookside Barber Stylists Buffalo Wings Bar & Grill Becker's Furniture World Byerly's Caribou Coffee Catch-A-Tan Central Bank Chanhassen Dinner Theater Chestnut & Cambronne, P.A. Chuck Olson Real Estate Church of Saint Paul Circuit City Foundation Pat & Julie Clancy Coon Rapids Kiwanis Coon Rapids YMCA Cub Foods Damon's Deer Run Golf Club Yale & Diane Dolginow Easy Reader Elm Creek Golf Club Floor Star Flyte Tyme Productions General Mills Foundation General Store of Minnetonka The Lodge@Giants Ridge GlobalMedia Group Golfsmith Golf Center Goodwill/ Easter Seals Grace Lutheran Church Great Clips Grand View Lodge Group One Guthrie Theater Dale Hartje Scott Harvey Jay Henry Hexad Mangement Co. Hillary's HMU Management Jeff Holle HOM Furniture Joe House HP Invent International Dairy Queen Jake's Steven Kalin KBA Consulting Keebler Co. Ken's Fireworks Kraus- Anderson La Casita Kevin Lang Lang's Shell Oil of Edina Law Offices of Thomas H. Shiah, Ltd. Lee Sloan Leeann Chin, Inc. Rebecca Leerhoff Majestic RV Marigold Foods PJlarilyn Brown Mark Hansen insurance Agency, inc. Dr. Mary Benson Mike Malinowski Maynard's Restaurant Meadow Creek Church Midas Muffler Karla Mills Minnesota Twins Minnesota Vikings Minneapolis Downtown Kiwanis Foundation Patrick Mus, Jr. Nemer-Fieger Nevada Bob's Golf North Lyndale Dairy Queen North Oaks Golf Club Northeast Towing Services Nye's Polonaise O&H Hotel Group Old Log Theater Jon Olson Paul Ott/Sir Speedy Papa's Cafe Chris Patterson Pawn America Peace Lutheran Church Perfect 10 Perkins Pine & Partners Denis Plankers PhotoEsq Imagery Queen of Excelsior Rainbow Foods Rainbow Painting RBC Tile & Stone Red Pepper Restaurant Tim Rilley Ruby Tuesday Rum River Lumber Santorini Taverna & Grill Schatz Group GMAC Real Estate John Sheehan Scherer Brothers Pastor Warren Schmalzer Schroeder Dairy Susan Scott Sherwin Williams Sunshine Readers Tom Silver St. Alban's Boathouse Frank Stains/Smith Stern & Anderson Law Firm Barney Swanson & Youngdale T.G.I.F's Tamarack Materials, Inc. Tequilaberry's The Fine Line Theater in the Round Thomas Jewelry Timber Lodge Steakhouse Trumpet Marketing TW Enterprises Viking Electric Visionary Easy Reader Wal-Mart Wealth Enhancement Group Wells Fargo Rob & Susan White Wissota Supply Worldwide Games ,�,� � ��t � a. � � , < l d ,'lan,. �„y C4t,.n. .a. � N "ar Py !Y. � !v. � �.� � � ",a f"a "i f'� r� �� r;YJ � r`.�� fV ^ \ !'� V � ♦ lrl� � ' � N �� :`I ~ � � ,� ti � �d�� `c�v � ,� � � ti � ,� G � p; ' N � `� '.� �'i�.i N y tV !'i. `r, � � U � � J�\ \ V � �W \� p�� p'�� + � `.,1 � N ' ` �` � V W \H y N !.�, � �^ f+ i�*u �.J � `i+..� .� �� .. �. � ,p � � ;'� �, J, � � � � /�N'�� \�/ � � �� n� � ;� «� � ' I F ,h..� {', N � y i � �. t �.� q I ,/�� , �.'r. r� �� _ � ;� P"'� � .J �� t : �J . ._� ~ �� ,� � �, iv - � °" e... r-� J �....�' � r, r�,.', �M� , P*m'_, °.,,� � � � � � ��8 � � � � � � �� `N � � � �, H � l`V � � h � � r,, � �„ f —�{ '� -, s �� .: i� I!� � �� , � .; b � � � . 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Existing signs within the shopping center or multipie use building, which do not meet the requirements of this Chapter and/or sign plan, shall be defined as a legal nonconforming sign, and shall be subject to the restrictions set forth in 214.17.2. (B). ANA_ S Moore Lake Commons West does have a Council approved comprehensive sign plan. Amending the plan to allow a completely different type of sign would not be advised. The purpose of the comprehensive sign plan requirement is to allow for well-planned, consistent- looking sign package. Further, the City hopes for long-term success of all of its businesses. A sign that was meant to be temporary may not be so temporary, depending on the success of that business in this location. The sign may stay longer than its petitioners anticipate and this amendment would be an extreme contradiction to the intent of the Sign Code. PLANNING STAFF RECOMMENDATION City Staff recommends denial of the proposed amendment to the comprehensive sign plan. The proposed sign does not fit in with the existing signage located on the building. Non-profit businesses are not given any special consideration within the City's sign code and signs made of non-permanent materials are prohibited. The "temporary" sign could be in place through October 2005 if Pawn America does not find a more permanent replacement for this sight. 87 p,,'.; <t:.; �� i / �� AGENDA ITEM -3 -� � CITY COUNCIL MEETING OF NOVEMBER 24, 2003 - INFORMAL STATUS REPORTS :: . _ �! .