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PL 10/17/2012 CITY OF FRIDLEY PLANNING COMMISSION MEETING WEDNESDAY, OCTOBER 17, 2012 Chairperson Kondrick called the Planning Commission to order at 7:00 p.m. MEMBERS PRESENT: Jack Velin, Brad Sielaff, Brad Dunham, David Kondrick, Leroy Oquist, Tim Solberg, Dean Saba OTHERS PRESENT: Stacy Stromberg, Planner Scott Hickok, Community Development Director Davene Smith, The Crayon Box Travas Uthe, Trav’s Outfitter Inc. Scott Ingalls, Advantage Scaffold and Ladders Mary and Charlie Martin, 133 Stony Brook Way APPROVAL OF MINUTES: September 19, 2012 MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY APPROVE 2013 PLANNING COMMISSION MEETING DATES: MOTION by Commissioner Oquist to approve the 2013 Planning Commission Meeting Dates. Seconded by Commissioner Solberg. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 1. PUBLIC HEARING: Consideration of a Vacation, SAV #12-02, by Davene Smith, to vacate and relocate a 10 ft. drainage and utility easement, generally located at 7751 East River Road. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:02 P.M. Stacy Stromberg, Planner, said that the petitioner, Davene Smith, is seeking to vacate a portion of the 10 ft. drainage and utility easement that is currently located under the existing Crayon Box building, which is located at 7751 East River Road. Ms. Stromberg stated that after further discussions with the City Engineer, he would prefer that only a portion of the easement be vacated. That portion would include the 10 ft. wide easement in its current location, except for a portion 10 ft. wide by 75 ft. long starting at the north property line and running north and south in the easements original alignment and 10 ft. wide by 10 ft. long staring at the south property line and proceeding north in the original alignment of the easement. Also, the City Engineer has 2 Planning Commission Meeting, October 17, 2012 Page | asked if the owner would consent to the granting of an easement that is approximately 250 ft. wide and 75 ft. deep along the entire north property line from the west edge to the east edge of Lot 2, Block 1, nd Pearson’s 2 Addition. The petitioner has agreed with the additional easement as requested by the City Engineer. The reason for the dedication of the additional easement is to allow access to the creek in the event that the City needs it. Ms. Stromberg stated that when the property was proposed to be developed in 1979, an application was submitted to the City to have the 10 ft. drainage and utility easement vacated so there was adequate room for the construction of a building. A public hearing and first reading was held on the vacation; however, the Council decided to not hold the second reading until a total development plan for the property had been received. That plan was never submitted so as a result, the second reading of the ordinance didn’t occur and the easement vacation wasn’t filed. Ms. Stromberg stated that in 2003, when the City received a building permit application for the existing building, staff researched and found that the records indicated there had been a vacation of the easement processed in 1979, and as a result issued the building permit. It wasn’t until recently when the property owner was going through a re-finance process; that the discovery was made that the easement was still in place and the City didn’t finalize the process that had originally been started. As a result, the petitioner has submitted the proposed vacation request. Ms. Stromberg said that City staff recommends approval of the easement vacation request, with the following stipulation: 1. The petitioner agrees to dedicate an area approximately 75 ft. from the northern property line as a drainage easement. Commissioner Saba asked if the petitioner was aware of the easement and agreed to it. Ms. Stromberg replied yes. Davene Smith, The Crayon Box, asked if the easement will affect the current parking lot. Ms. Stromberg added that the easement is approx. 20’ from the parking lot so it will not affect the parking lot. Mary Martin , 133 Stony Brook Way, wanted to make sure no more drainage would go into her back yard. She wanted to make sure what happens tonight doesn’t change what is going into the creek now. Ms. Stromberg answered that nothing will be changing at all; this is just dedicating the easement and vacating an existing easement. Charlie Martin, 133 Stony Brook Way, was concerned about the environmental impact for this change and asked if any environmental impact would happen as a result of the change. Ms. Stromberg replied that there is no environmental statement required and no change is happening. This is just to dedicate a new easement so the city can get back into the creek if needed and vacating the easement that is currently under the building. Nothing on the site will change. Mr. Martin asked if the present rules will still apply. Ms. Stromberg answered yes. 3 Planning Commission Meeting, October 17, 2012 Page | MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:12 P.M. MOTION by Commissioner Sielaff to approve the Consideration of a Vacation, SAV #12-02, by Davene Smith, to vacate and relocate a 10 ft. drainage and utility easement, generally located at 7751 East River Road. Seconded by Commissioner Velin. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #12-06, by Trav’s Outfitters Inc., to incorporate an electronic message center sign within the existing free-standing sign, generally located at 7315 Highway 65. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Saba. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:13 P.M. Stacy Stromberg, Planner, stated that the petitioner, Travas Uthe, of Trav’s Outfitter Inc., at 7315 Hwy 65, is requesting a special use permit to allow the existing electronic reader board that is part of the existing free-standing sign to be turned on and operated. Ms. Stromberg stated that the existing free-standing sign is 72 sq. ft. The existing electronic reader board portion of the sign is approximately 24 sq. ft. When the sign was originally installed in 2011,the petitioner decided to wait on getting the special use permit for the electronic message sign. As a result, the petitioner has submitted the proposed request. Ms. Stromberg stated that the subject property was rezoned in 2010 from M-1, Light Industrial to C-2, rd General Business and is located in the northeast corner of Hwy 65 and 73 Avenue. Also in 2010, a portion of 73 ½ Avenue located directly north of the subject property was vacated. This vacated right-of- way then became part of the subject property. Ms. Stromberg stated that the electronic changeable signs are an approved special use provided the message doesn’t change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district, in which the property is located. The subject property is zoned, C-2 General Business, which requires that free standing signage cannot exceed 80 square feet in size. The existing sign meets that size requirement. The total sign area is 72 sq. ft., with the new electronic piece of the sign being approximately 24 sq. ft. Ms. Stromberg stated that City Staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements, subject to stipulations: 1. Since the petitioner already received sign permit approval to install this sign in 2011, if the City Council approves the special use permit, the petitioner shall be allowed to turn on the electronic message center portion of the sign. 4 Planning Commission Meeting, October 17, 2012 Page | 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Travas Uthe , Trav’s Outfitters, said that from a business standpoint he would like the sign to change more often but was prepared to abide by the rules. Mr. Hickok said that the Planning Commission may recall the vacation of the roadway and an issue of two trucks parked at the north doors of the building. Now there is a third truck on the site on the closed roadway. The City is critical of outdoor storage and a truck can act as its own sign and can be a violation of the sign code. This SUP is distinct and different but staff wanted to make it clear for the record that the third truck is not permitted on this site. Chairperson Kondrick asked what needed to be done to remove the third truck. Mr. Uthe replied that he had a conversation with Mr. Hickok about the third truck. He also spoke with Mayor Lund about this issue 4-6 weeks ago and the Mayor was going to talk to Mr. Hickok about it. He has not heard back from Mayor Lund. They will abide by the rules. They have made a significant reinvestment to this building and would like to keep this business in the City of Fridley. There is only so much a business man can do before it may not be viable to operate in Fridley. He doesn’t want to fail. He also believes there is a point where, as business people, we can be pushed and regulated to come to a common ground and work together. Chairperson Kondrick asked why a third truck was needed. Mr. Uthe answered that it was a mobile shoe store. The third truck contains inventory for steel safety boots. They have a truck out at least every day and when one of the trucks is gone staff is instructed to back the truck into the other bay so the truck is not on the vacated street. Chairperson Kondrick asked if the building is too small for Trav’s Outfitters; is the building not appropriate for the business. He asked what could be done to mitigate this situation. Mr. Uthe answered that there is not a problem with the facility and they are satisfied with what they have created; the sticking point seems to be the third truck. Mr. Hickok said that he did have a conversation with Mayor Lund. He added that the Manager of Trav’s Outfitters called staff in August saying that they would need some time to deal with the third truck. Staff gave them a few weeks, until the beginning of September, and since then the truck has been back. There is a section of the City Code that talks about commercial entities and this property was rezoned C-2 for this business. The store is designed so when two trucks are backed up they can open the doors and customers can access this mobile shoe store. Normally in a commercial entity the business would not be able to have two trucks. This business has built a landscape cove to hide the trucks and this was discussed prior to the business plan being approved. Until the third truck arrived, the business has complied with the outdoor storage. It is not on the agenda to solve this problem tonight, he just want to make sure that the new stipulations that are on the agenda tonight are agreed upon and adhered to. Currently two trucks are allowed and the third truck is in violation. Parking on the road is not a solution as businesses in a C-2 district must accommodate parking needs on site and not on to the street. Tonight the Commission is just to act is on the sign but staff wanted to make the record clear that the third truck st was supposed to be removed by September 1 and every day past that they are in violation of the city code. 5 Planning Commission Meeting, October 17, 2012 Page | Commissioner Oquist asked if in the C-2 district businesses were only allowed a maximum of two trucks. Mr. Hickok replied that normally businesses are not allowed to keep a fleet there at all but when this business plan was approved an exception was made. Commissioner Oquist asked if the truck could park on the northeast corner. Mr. Hickok replied that there was not a way to allow the third truck to park anywhere on the site. Commissioner Sielaff asked if there was a stipulation to cover that. Mr. Hickok replied no, there are no more stipulations and compliance is important. Staff wanted to make clear for the record to identify this as a violation of the sign code and note that the Commission is granting a new sign request tonight for this business. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:31 P.M. MOTION by Commissioner Oquist to approve the Consideration of a Special Use Permit, SP #12-06, by Trav’s Outfitters Inc., to incorporate an electronic message center sign within the existing free-standing sign, generally located at 7315 Highway 65. Seconded by Commissioner Saba. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 3. PUBLIC HEARING: Consideration of a Special Use Permit, SP #12-07, by Advantage Scaffold and Ladders, to allow limited outside storage, generally located at 5261 Ashton Avenue. MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Velin. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 P.M. Stacy Stromberg, Planner, stated that the petitioner, Darrell Sanders, of Advantage Scaffold and Ladders, is seeking a special use permit to allow limited outdoor storage of galvanized scaffolding within an 11,784 sq. ft. area along the southeast side of the property at 5261 Ashton Avenue. Ms. Stromberg stated that the property is zoned M-2, Heavy Industrial as are all surrounding properties. nd It is located on the corner of 52 Way and Ashton Avenue. The property was developed in 1999, with a 44,350 square foot building. Ms. Stromberg stated that the in 2008, the subject property received a special use permit to have outdoor storage, however that special use permit never ended up being used, so it became void. As part of the approval of this special use permit, City staff would recommend revoking, SP #08-02, so the record is clear on this property. 6 Planning Commission Meeting, October 17, 2012 Page | Ms. Stromberg stated that the City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 44,350 square feet, so City code would allow up to 22,175 sq. ft. of outdoor storage on this site. The petitioner is proposing to fence in the yard on the south side of the property however, only use an 11,784 sq. ft. area for his outdoor storage needs. As a result, this outdoor storage area will comply with code requirements for size. The outdoor storage area will be used to store galvanized scaffolding which doesn’t rust. The remaining yard area will be used for maneuvering of trucks that are either delivering products or costumers who are picking up products. Ms. Stromberg said that before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg said that based on the breakdown of uses within the building, 36 parking stalls are required. The petitioner is proposing to strip 22 parking stalls, which will fall short of meeting the code requirements by 14 stalls. This business is new to this location and the petitioner has stated that he does not anticipate there will be a need for more than 12-15 parking stalls a day for employees and customers. They have 9 full time employees who will be at the facility on a daily basis and then additional employees who drive directly to the job site. Customers will typically call in their orders, and the petitioner will use the yard area to stage loads for the day, and then the customers will come in with their larger trucks and will enter the yard to pick up their order and be there long enough to get loaded and then leave. Based on what the petitioner has shared on the needs of this business, staff is allowing the remaining 14 stalls to be proofed on the site. In the event that parking becomes an issue on this site and staff determines that the additional 14 stalls are warranted, there is room on the site to construct them. The proposed site plan meets all other outdoor storage code requirements. City staff hasn’t heard from any neighboring property owners. Ms. Stromberg said that City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. City Staff also recommends revocation of SP #08-02 for the subject property. Revocation of this special use permit will make the record clear as to what is allowed for outdoor storage on this site. Ms. Stromberg said that Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Outdoor storage area shall be limited to the 11,784 sq. ft. area submitted on the site plan dated 10/8/12. 2. New parking stalls shown on site plans dated 10/8/12 shall be striped to designate the location of the proposed 22 stalls. 3. If parking of customers, employees, or delivery trucks within the public right-of-way becomes an issue, additional parking stalls will need to be created on site. 4. Screening gate to the yard shall be closed except when used for entering and existing to allow proper screening, if necessary an automatic screening gate shall be installed to allow proper screening. 5. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Commissioner Oquist asked how the outside storage would be confined; how will staff know if the storage area is expanded. 7 Planning Commission Meeting, October 17, 2012 Page | Ms. Stromberg answered that is something staff will have to monitor so the outdoor storage within the yard doesn’t get out of control. Every business is required to screen outdoor storage from the public right of way. Commissioner Oquist asked how staff will ensure it is kept at 11,000 sq. ft. Ms. Stromberg said that this will be inspected annually so they will need to make sure to keep the outdoor storage within the confines of the area. They need the space to maneuver in the yard so that should prevent the outdoor storage area from getting larger. Commissioner Sielaff asked about the parking requirements and if that has been done in the past; allowing the business to have fewer stalls that the code requires. Ms. Stromberg answered yes; it has been done in the past, especially for manufacturing businesses. Machines for manufacturing take up so much space they don’t need as many employees. Staff may want to look at the code requirements for manufacturing parking requirements. If parking on the street does become an issue they will need to create more parking stalls on site. Scott Ingles, Advantage Scaffold and Ladders, said that he has no problems with the stipulations. Regarding the parking, in the winter they have only three people working at the facility and in the summer there are a few more staff. Commissioner Oquist asked if the storage would be used for scaffolding. Mr. Ingles said they have 4-5 different products. The galvanized product they have quite a bit of inventory that is currently stored in Brooklyn Center and they would move the galvanized product to this location. The rest will be kept inside. The product stored outside looks like a fence post. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:44 P.M. MOTION by Commissioner Sielaff to approve the Consideration of a Special Use Permit, SP #12-07, by Advantage Scaffold and Ladders, to allow limited outside storage, generally located at 5261 Ashton Avenue. Seconded by Commissioner Velin. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 4. PUBLIC HEARING: Consideration of a Lot Split, LS #12-02, by The Housing and Redevelopment Authority in and for the City of Fridley, to split one lot to create (2) 60 foot buildable lots for the Housing and Redevelopment Authority’s Housing Replacement program, generally located at 5825 and 5833 2 and one half Street. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Solberg. 8 Planning Commission Meeting, October 17, 2012 Page | UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:45 P.M. Stacy Stromberg , Planner, stated that Paul Bolin, Assistant Executive Director of the City’s Housing and Redevelopment Authority (HRA), is seeking a lot split for the properties at 5825 and 5833 2 ½ Street. Currently 5825 2 ½ Street is (2) 40 ft. lots and 5833 is (1) 40 ft. lot. Splitting one of the 40 ft. lots of 5825 2 ½ Street, will allow for the creation of (2) new 60 ft. lots, which will allow for the construction of two new single family homes. Ms. Stromberg stated that the original home at 5825 2 ½ Street was constructed prior to 1949, with additions to the home constructed in 1953, 1968 and 1978. The house was in really bad condition and went through a foreclosure in 2010. The HRA then acquired the property in 2010 and had the house demolished. Ms. Stromberg stated that the original home at 5833 2 ½ Street was also constructed prior to 1949. A garage was constructed in 1957 and an addition to the home was constructed in 1958. The HRA acquired the property in 1996 and had both the house and the garage demolished. Ms. Stromberg stated that the properties are zoned S-1 Hyde Park Neighborhood, as are all surrounding properties. Fridley City Code requires lots in this zoning district be a minimum of 60 ft. in width with a minimum total lot area of 7,500 sq. ft. Both of the proposed lots, “Parcel A” and “Parcel B” will be 60 ft. in width and 130 ft. deep, which is 7,800 sq. ft. in size. As a result, both lots are meeting code requirements. Ms. Stromberg stated that City Staff recommends that if the lot split is granted, the following stipulations be attached. 1. All necessary permits shall be obtained prior to construction. 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 at time of building permit application shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 4. Property owner at time of building permit application for the construction of each single family home shall pay all water and sewer connection fees. Commissioner Saba asked how soon the construction would start. Mr. Hickok, Community Development Directoranswered that the lot split is the lengthiest part of this process. Mr. Bolin has experienced rapid turnover in lot sales. The scattered site program allows purchase of abandoned properties and homes that are not in very good shape. Parts of the home may be salvageable but lately there has not been a lot of good product to gain from the homes. This would create two new homes within walking distance to train station. Commissioner Velin asked what type of homes would be built. Mr. Hickok answered that the HRA owns the lots and the builder is obligated to meet minimum building standards. The homes will be a mix of building materials, three car garage etc. and will be a nice investment in the neighborhood. The homes will not be built to the value that exists around them but will add new value and may inspire others to do some new things to their existing homes. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Sielaff. 9 Planning Commission Meeting, October 17, 2012 Page | UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:54 P.M. MOTION by Commissioner Saba to approve the Consideration of a Lot Split, LS #12-02, by The Housing and Redevelopment Authority in and for the City of Fridley, to split one lot to create (2) 60 foot buildable lots for the Housing and Redevelopment Authority’s Housing Replacement program, generally located at 5825 and 5833 2 and one half Street. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 5. PUBLIC HEARING: Consideration of Rezoning, ZOA #12-02, by the Housing and Redevelopment Authority in and for the City of Fridley, to rezone the following properties, 6071 University (Sinclair), City ROW, 6061 University Avenue (Tae Kwan D0), 6041 University Avenue (Old Van O Lite), 6005 University Avenue (Carquest), 5943 University Avenue (New Van O Lite), 5925 University Avenue (Alano), 5905 University Avenue (Select Products), 5895 University Avenue (Fridley Animal Hospital), 5865 University Avenue (China Buffet), and 5831 University avenue (Sikh Society), from C-2, General Business to S-2, Redevelopment District to accommodate future redevelopment on the properties that are owned by the Housing and Redevelopment Authority (HRA). MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Velin. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:56 P.M. Stacy Stromberg, Planner, stated that Paul Bolin, Assistant Executive Director of the City’s Housing and Redevelopment Authority (HRA), is requesting to rezone the properties located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and 6071 University Avenue, known as, “Gateway Northeast” from C-2, General Business to S-2 Redevelopment District to accommodate the future redevelopment of these properties. Ms. Stromberg stated that the subject properties are approximately 6 acres in size total and front on the thst University Avenue Service Drive from 58 Avenue to 61 Avenue. They were originally developed mainly in the 1950’s and 1960’s for commercial uses, restaurant and gas stations. When access was limited as a result of upgrading University Avenue, several of the businesses began to suffer and as a result significant vacancies occurred and the buildings became blighted. The City and the HRA have wished to redevelop this area for a number of years and consequently, the HRA started to acquire some of the properties in 2006, after being approached by property owners wanting to sell their obsolete retail buildings. Acquisitions of the properties concluded in 2011 and demolition of the properties was done in two phases. The first phase of demolition was started in late 2009 and the second phase took place in 2011. The HRA currently owns all of the subject properties, except for 5895 University Avenue, which is currently owned and operated as Family Animal Hospital. To avoid spot zoning, this property has been included in this rezoning request. Ms. Stromberg stated that prior to demolition of the buildings, resolutions were adopted determining that certain parcels are occupied by structurally substandard buildings and were to be included in a tax increment financing district. To acquire and prepare the site for reuse, the HRA has spent over $4.5 Million. The properties have a value, depending on its reuse, between $1-$2 Million. It is this difference 10 Planning Commission Meeting, October 17, 2012 Page | of $2.5-$3.5 Million that will be paid from the tax increment financing district. If it wasn’t for the availability of tax increment to pay for acquisition, demolition, relocation, environmental remediation, infrastructure, and site preparation this project would not proceed. Ms. Stromberg stated that in late 2011, the HRA hired Premier Commercial Partners to market the properties. Over the past few months there has been interest from three different parties wanting to purchase all or at least portions of the property for redevelopment. As a result, City Planning staff and the petitioner decided it would be beneficial to have the properties rezoned from a commercial zoning to the redevelopment district to give the potential buyer/development more flexibility when designing a project. Because the properties are within the Transit Oriented Overlay District (TOD), any potential project will need to be reviewed and approved by the Planning Commission and the City Council for a TOD Master Plan as well as a S-2 Master Plan. Ms. Stromberg stated that 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. The law gives the City the authority to “rezone” property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan’s 2030 future land use map designates this area as “Redevelopment”, which justifies the reason for approving the proposed rezoning. Ms. Stromberg stated that the City Staff recommends approval of the rezoning request from C-2, General Business to S-2, Redevelopment District for the following properties: Building Name Address PIN Sinclair 6071 University Avenue 233024210135 City ROW No Address 233024210112 Tae Kwan Do 6061 University Avenue 233024210111 No Address 233024210110 Old Van-O-Lite 6041 University Avenue 233024210109 Carquest 6005 University Avenue 233024210134 New Van-O-Lite 5943 University Avenue 233024210143 No Address 233024210141 Alano 5925 University Avenue 233024210140 Select Products 5905 University Avenue 233024210123 5905 University Avenue 233024210122 5905 University Avenue 233024240016 Fridley Animal Hospital 5895 University Avenue 233024240130 China Buffet 5865 University Avenue 233024240023 Sikh Society 5831 University Avenue 233024240022 th MOTION by Commissioner to move into record a letter from Archie Lahti, 5964 5 Street NE objecting to the rezoning of the properties. Seconded by Commissioner Dunham. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY ommissioner Oquist C asked what would be constructed on this property; residential or commercial. Mr. Hickok replied that one of the things the S-2 district allows is flexibility to have not necessarily residential or commercial; but a mixed use. If this were zoned commercial it would not allow a mixed use. This is within walking distance to the train station. Commercial zoning would not address the mix of use that could occur there. The HRA did spend a lot of money to acquire these properties and offered 11 Planning Commission Meeting, October 17, 2012 Page | meetings for people to attend. Discussions were held in great length about what may develop on this corridor. The City hoped to solicit information from citizens so when a development happens there could be harmony between the new development and development that is already there. There are no firm commitments but at the next HRA meeting there is a purchase agreement for the former Sinclair site. This site may tie a retail building to a skyway and over pass down to the other side. The Citgo site was recently rezoned and that site is the right size and zoned for a retail business of some sort. Also as part of this project they are hoping to get rid of the chain link fence. Commissioner Sielaff asked who approves what goes there, the HRA? Mr. Hickok replied that when a project comes through it will need a master plan approval through a public hearing. The HRA, the Planning Commission and City Council would decide the land use of the master plan. Commissioner Solberg asked if a mixed use could include senior living, apartment or single family homes. Mr. Hickok replied that it is possible it could be a mix of retail and residential but is unlikely that single family homes would be included. A mix of other residential and commercial is likely to happen there. Commissioner Solberg noted that the concern in the letter was regarding single family homes and it sounds like that is highly unlikely to happen on this property. Mr. Hickok answered that it is likely that some kind of commercial use will be developed along there. Retail was torn down from this area because the access was taken away from University Avenue. This has good visibility but accessibility is important too. Commissioner Oquist asked if this would have an effect on the animal hospital. Mr. Hickok replied that development could happen around the animal hospital. The city will develop around the hospital and if negotiations happen, the animal hospital would be included in the development. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:16 P.M. MOTION by Commissioner Saba to approve the Consideration of Rezoning, ZOA #12-02, by the Housing and Redevelopment Authority in and for the City of Fridley, to rezone the following properties, 6071 University (Sinclair), City ROW, 6061 University Avenue (Tae Kwan D0), 6041 University Avenue (Old Van O Lite), 6005 University Avenue (Carquest), 5943 University Avenue (New Van O Lite), 5925 University Avenue (Alano), 5905 University Avenue (Select Products), 5895 University Avenue (Fridley Animal Hospital), 5865 University Avenue (China Buffet), and 5831 University avenue (Sikh Society), from C-2, General Business to S-2, Redevelopment District to accommodate future redevelopment on the properties that are owned by the Housing and Redevelopment Authority (HRA). Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 12 Planning Commission Meeting, October 17, 2012 Page | 6. Receive the Minutes of the September 6, 2012, Housing and Redevelopment Authority Commission Meeting MOTION by Commissioner Solberg to receive the minutes of the September 6, 2012 Housing and Redevelopment Authority Commission Meeting. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 7. Receive the Minutes of the September 10, 2012, Parks and Recreation Commission Meeting MOTION by Commissioner Velin to receive the minutes of the September 10, 2012 Parks and Recreation Commissioner Meeting. Seconded by Commissioner Solberg. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY OTHER BUSINESS: Stacy Stromberg, Planner, said that the SUP for the Furniture Mart was approved by the City Council on th October 8. ADJOURN: MOTION by Commissioner Saba to adjourn. Seconded by Commissioner Oquist. UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 8:20 P.M. Respectfully Submitted, Krista Monsrud, Recording Secretary CITY OF FRIDLEY SIGN-IN SHEET i PLANNING COMMISSION MEETING &rb-el- l of Name Address/Business �i. �12�_ j_