The URL can be used to link to this page

PLA 11/21/12 CITY OF FRIDLEY A G E N D A PLANNING COMMISSION MEETING WEDNESDAY, NOVEMBER 21, 2012, 7:00 P.M. ====================================================================== LOCATION: CITY COUNCIL CHAMBERS FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MEETING MINUTES: October 17, 2012 PUBLIC HEARING 1. : Consideration of a Text Amendment TA #12-02, by Miller Funeral Home, to add language to the C-3, General Shopping zoning district code language that would allow a crematory as an accessory to a mortuary, generally located at 6210 Highway 65 NE. 2. RECEIVE THE MINUTES OF THE OCTOBER 4, 2012, HOUSING AND REDEVELOPMENT AUTHORITY COMMISSION MEETING. 3. RECEIVE THE MINUTES OF THE SEPTEMBER 11, 2012, EQE COMMISSION MEETING. OTHER BUSINESS: ADJOURN 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 Planning Commission Meeting, October 17, 2012 I' a e 12 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, Pearson's 2nd 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. Planning Commission Meeting, October 17, 2012 1' i ,v= 3 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 pen-nit 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, General Business and is located in the northeast corner of Hwy 65 and 73`d Avenue. Also in 2010, a portion of 73 '/z 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. Planning Commission Meeting, October 17, 2012 1' a 4 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 was supposed to be removed by September 1" and every day past that they are in violation of the city code. Planning Commission Meeting, October 17, 2012 I' i ; e 15 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 912-07, by Advantage Scaffold and Ladders,to allow I 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. It is located on the corner of 52"d 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. Planning Commission Meeting, October 17, 2012 11 a e 16 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. Planning Commission Meeting, October 17, 2012 i' a u e 17 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. I 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. Planning Commission Meeting, October 17, 2012 I' a e 18 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 '/z Street. Currently 5825 2 '/2 Street is (2) 40 ft. lots and 5833 is(1)40 ft. lot. Splitting one of the 40 ft. lots of 5825 2 '/z 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 '/2 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 % 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 Director answered 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. Planning Commission Meeting, October 17, 2012 P <z a e 19 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 DO),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 University Avenue Service Drive from 58` Avenue to 6151 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 y Planning Commission Meeting, October 17, 2012 (' ;? a 10 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, Redevelo ment 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 MOTION by Commissioner to move into record a letter from Archie Lahti, 5964 5th 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 Commissioner Oquist 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 Planning Commission Meeting, October 17, 2012 !' a rg., e 11 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 412-02, 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 DO), 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 Planning Commission Meeting, October 17, 2012 i' ,, t e 12 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 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 Land Use Application TA#12-02 October 19, 2012 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF PROJECT Miller Funeral Home The petitioner, Mr. Asmus on behalf of Miller Shannon Asmus Funeral Home, is seeking a text amendment to add 316 S Sibley language to the C-3, General Shopping zoning Litchfield MN 55355 district; that would allow a crematory as an Requested Action: accessory to the mortuary, which is located at 6210 Text Amendment to allow crematory as an Hwy 65. accessory to a mortuary SUMMARY OF ANALYSIS Existing Zoning: City Staff recommends approval of the proposed C-3 (General Shopping) text amendment with certain conditions. • Proposed Accessory Use is an extension of `Location: 6210 Highway 65 NE the permitted use. Size: 83,760 sq. ft. 1.92 acres ._Existing Land Use: W Mortuary � .Surrounding Land Use &Zoning: !IY N:Veterinary Clinic &C-3 E: TH 65 & Right-of-way S: Church & R-3 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning History: M K NE W,MO {•pq NE �,� i See attached staff report. , KEfA1 NF Legal Description of Property: Lots 3-4, Block 1, Herwal 2"d Addition Aerial of the Subject Property Public Utilities: CITY COUNCIL ACTION/60 DAY DATE Building is connected. City Council—December 3, 2012 Transportation: 60 Day—December 17, 2012 West Moore Lake Drive and the Hwy 65 1St Reading for TA—December 10, 2012 Service Drive provide access to the building. 2nd Reading for TA—January 7, 2013 Physical Characteristics: 60 Day Extension Date—February 14, 2013 Lot consists of buildings, parking lot, and Staff Report Prepared by: Stacy Stromberg landscaping. Land Use Application Text Amendment #12-02 REQUEST The petitioner, Shannon Asmus, on behalf of the Miller Funeral Home, is _ aE seeking a text amendment to add language to the C-3, General Shopping zoning district; that would allow a 6 crematory as an accessory to the mortuary use at the subject property, which is located at 6210 Hwy 65. ' The equipment to perform cremations it is called a retort. The retort is proposed to be located in the detached accessory structure on the west side of ` the property. All activity associated f with the cremation process will take place within the existing accessory structure. No portion of the process will be visible to a passive viewer. SITE DESCRIPTION AND HISTORY The subject property is zoned C-3, General Shopping and is located in the northwest corner of the intersection of Highway 65 and West Moore Lake Drive. On the property are a 6,348 square foot mortuary building and a 1,859 square foot accessory structure. The following activities have occurred on the property since 1963: • 1963—Variances were granted for building setbacks, parking stalls, and driveway location for a funeral home. • 1967—Issuance of a building permit for the mortuary building. • 1987—A variance was granted to reduce the side yard setback on a corner lot to 35 feet to allow construction of a building addition on the west end of the funeral home. • 1993—A variance was granted to reduce the side yard setback to 3 feet to allow a hearse enclosure. • 1994—A variance was granted to increase the size of a freestanding sign and a 30 ft. by 60 ft. garage was built. • 1996—A variance to reduce the side yard setback was approved, a variance to reduce the rear yard setback was denied; and additional side and rear yard setback variances were denied. • 1998—A variance to reduce the south side yard setback to 37 feet was approved. • 2001—Variances were approved to reduce the front yard setback from 80 ft. to 58.25; reduce the side yard setback on the north side from 15 ft. to 3.7 ft., and a variance to reduce the side yard setback on the south corner lot from 80 ft. to 37.4 ft., to allow construction of additions which total 3,489 sq. ft.—these additions were never constructed. • 2008—Two variances were approved to reduce the side yard setback on the north side of the building from 15 ft. to 3.7 ft. to allow an expansion of the existing garage and to increase the 1 encroachment of a canopy into the required side yard from 3 ft.to 7 ft. —these additions were never constructed. ANALYSIS The petitioner has initiated a text amendment to add language to the C-3, General Shopping zoning district code that would allow a crematory as an accessory use to a mortuary, provided specific code requirements can be met. Mortuaries are currently a permitted use in our C-2, General Business and C- 3, General Shopping zoning districts. The crematory use isn't specifically listed as a permitted use or an accessory use, so staff determined that it was beneficial for the petitioner to request the addition of the proposed language to ensure that the crematory use is allowed. Below is the narrative provided by the petitioner: Miller Funeral Home has been serving families in this area since 1929. Over the past 83 years, there have been many changes in funeral service. One such change has been the steady increase in demand by local families for cremation. Cremation is an optional method of preparation of a deceased body. Currently, Miller Funeral Home staff must transport the deceased to an independent crematory, leave it with the crematory operator, and then return to pick up the cremated remains for transport back to the funeral home. This transferring of the deceased means that,for a time, the deceased is out of the funeral home staff's immediate care. Miller Funeral Home wants to offer cremation as a direct service to our families. The equipment necessary to perform cremations is called a 'retort'. Miller Funeral Home proposes to purchase a new retort which will be installed and operated in the remodeled, detached garage building on its property at 6501 Highway 65 N, Fridley, MN. Any retort purchased by Miller Funeral Home would be required to meet or exceed all Minnesota Pollution Control Agency air quality standards; and, would be licensed and inspected annually by the State of Minnesota, Department of Health. For this reason, Miller Funeral Home is working with the City of Fridley to expand the language within the current zoning district codes to allow a crematory as an accessory use to a mortuary(funeral home). The purchase and placement of the retort would occur when the City of Fridley has approved the text amendment and the city building inspector has approved our building permit. The petitioner has also provided additional information that is attached in your packet for your review. Those items include: • A letter from Crematory Manufacturing and Service, Inc. identifying the noise and pollution aspects of the retort appliance and how it's not intrusive to the public. • An engineering evaluation test documentation of Crematory Manufacturing and Services, Inc. equipment (test of the stack). • Information from Cremation Association of North America. • An article from funeralwire.com regarding crematory operators certification program. • A copy of the Minnesota Department of Health license to operate a crematory. • A copy of the 2012 Minnesota State Statues related to licensing of a crematory. As stated by the petitioner, over the last several years there has been an increase in demand for cremation. Based on information provided by the Mortuary Science Program, in 1990, 15.8%of 2 Minnesota deceased chose cremation where 46.8%chose cremation in 2009. It is expected that that percentage will continue to increase. As a result, providing the opportunity to have this service within our community can be considered valuable. Staff had the opportunity to tour North Mankato Mortuary, which is affiliated with the petitioner's business. North Mankato Mortuary has a very similar set-up to the one proposed at Miller Funeral Home. The crematory building with the retort appliance is located in a detached accessory building. Staff visited the site when the retort was in use to fully grasp any potential concerns the residents of Fridley might have. The building looks like a typical garage structure, with a stack coming off the top of the building and a vent off the back of the building. No smoke or odor was present during staffs visit. Other than a somewhat loud fan sound that could be heard from the outside of the building, there were no other impacts. According to the petitioner, the retort appliance that we witnessed is manufactured by Matthew's Manufacturing and is 9 years old. The retort to be installed at Miller Funeral Home will be brand new and is manufactured by Crematory Manufacturing&Services Inc. (CMS), which manufactures a quieter appliance. In studies conducted by CMS, that measured the noise (decibel) level of the retort appliance, about 70 decibels was measured at a 0 distance. Based on information gathered by the petitioner, 70 decibel is the noise level you would typically hear when operating a washing machine, air conditioner or dishwasher, whereas the Matthew's appliance when in operation can measure at double that decibel level. Staff should also point out that the building staff visited is a stick constructed building as opposed to the Miller Funeral Home building that is made out of brick and block, which will help with buffering the noise. Any noise concerns should also be alleviated by the fact that there is a 40 ft. tree line buffer area between the subject property and the residential properties to the west. Miller Funeral Homes garage is also flat-roofed so that stack coming off the roof will be shorter and it will be screened on all sides with a roof-top screening device. When Miller Funeral Home approached the City about installing the retort in the detached accessory structure on the existing property, staff determined that though a mortuary is a permitted use in the C- 2, General Business and C-3, General Shopping zoning districts, there is no mention of a crematory use either as a permitted use or an accessory use. As a result, staff advised the petitioner is request a text amendment to allow a crematory as an accessory use to a mortuary within the C-3, General Shopping 3 zoning district only. Although a mortuary is allowed in a C-2, General Business district,generally the lot size of these parcels are much smaller and as a result, this use is better suited in the C-3, General Shopping district. The petitioner has submitted the proposed text language that would allow a crematory as an accessory to a mortuary, provided the following conditions are met. Those conditions are listed below: (a) Crematory must be licensed annually by the State of Minnesota Department of Health. (b) Crematory must be inspected annually by the State of Minnesota Department of Health. (c) Emissions from the operation of the retort must meet State of Minnesota Pollution Control Agency standards. (d) The retort must be properly maintained and serviced by the manufacturer at minimum every 18 months. (e) Mortuary will employ a fully trained, Certified Cremation Technician, capable of overseeing the operation and maintenance of the crematory and retort equipment. (f) Mortuary will make copies of State licensure renewals and annual inspection reports available to the City Building Inspector upon request. Of particular importance when considering a text amendment is determining if the proposed use would be consistent with the purpose and intent of the zoning district in which it would become allowable, and whether or not the proposed use would be compatible with other accessory uses within the district. Staff has determined that the above mentioned conditions are necessary for the proposed accessory use to be compatible with the purpose and intent of the commercial zoning ordinance. The proposed crematory use is an accessory or an extension to the mortuary services that are already being provided on the site. Based on the information staff witnessed and provided by the petitioner this type of accessory use;would be considered reasonable to be allowed in the C-3 zoning district, without causing disruption to the neighboring properties and uses. i NEIGHBORHOOD MEETING The petitioner went door to door to visit with the neighbors within 350 ft. of the subject property on November 3, 2012, with no negative comments from the people they were able to visit with. They also held an open house at Miller Funeral Home on November 10, 2012. No one attended that event. City staff has received two letters in opposition, one from the property owners at 6264 Baker Avenue, who state in their letter that they feel that it is already difficult to sell homes on Baker Avenue and this will make it worse. The other letter is from the property owner at 6220 Baker Avenue. No reason was given for the opposition,just that she didn't want the crematory. RECOMMENDATIONS City Staff recommends approval of the text amendment with certain conditions. • Proposed Accessory Use is an extension of the permitted use. 4 Ordinance No. AN ORDINANCE AMENDING CHAPTER 205, SECTION 205.03, SECTION 205.15 DEFINING "CREMATORY", "MORTUARY' AND "RETORT" AND ALLOWING "A CREMATORY IN CONDUCTION WITH A MORTUARY' AS AN ACCESSORY USE IN THE C-3, GENERAL SHOPPING ZONING DISTRICT The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 205 related to creation of a definition for"crematory", "mortuary", and"retort" and allowing"a crematory in conjunction with a mortuary" as an accessory use in the C-3, General Shopping zoning district be amended as follows: SECTION 1. That Section 205.03 be hereby amended as follows: 205.03 DEFINATIONS 17. Crematory. A furnace for cremating; also: an establishment containing such a furnace. 41-7- 18. Curb Grade. (Remainder of section renumber accordingly) SECTION 2. That Section 205.03 be hereby amended as follows: 53. Mortuary A place in which dead bodies are kept until burial. 54. Motel (Remainder of section renumber accordingly) SECTION 3. That Section 205.03 be hereby amended as follows: 63. Retort A vessel or chamber in which substances are distilled or decomposed by heat. 63—64. Seasonal Outdoor Food Sales (Remainder of section renumber accordingly) SECTION 4. That Section 205.15 be hereby amended as follows: 205.1 C-3, GENREAL SHOPPING CENTER DISTRICT REGULATIONS 1. USES PERMITTED B. Accessory Uses 11 Crematory in conjunction with a mortuary: (a) Crematory must be licensed by the State of Minnesota Department of Health (b) Crematory must be inspected annually by the State of Minnesota Department of Health (c) Emissions from the operation of the retort must meet State of Minnesota Pollution Control Agency standards. (d) The retort must be properly maintained and serviced by the manufacturer at minimum every 18 months. (e) Mortuary will employ a fully trained Certified Cremation Technician, capable of overseeing the operation and maintenance of the crematory and retort equipment. (f) Mortuary will make copies of State licensure renewals and annual inspection reports available to the City Building Inspector upon request. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2013 Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: First Reading: Second Reading: Publication: Stromberg, Stacy From: Shannon Asmus[shannon @vertin.com] Sent: Wednesday, October 31, 2012 4:05 PM To: Stromberg, Stacy; Hickok, Scott Subject: Thank You and Follow Up Attachments: 1256—Miller Funeral Home_083112.pdf; Noise Comparison.pdf Dear Stacy and Scott, Thank you for taking time and visiting our funeral home and crematory yesterday. Its my hope all your questions were answered, however my experience has been that as soon as you leave a location additional questions can emerge. If you should have additional questions please feel free to call me. The one question that I had wanted to clarify was the difference between the Matthew's retort noise level during operation versus the much lower CMS retort noise level. So, I emailed a question to CMS and below is my question and their answer: (a CMS Crematory is what we have at our Fergus Falls location) • Question: Do you have a noise(decibel)comparison between your retort (CMS)and that of your major competitor, Matthews? • Answer(From CMS):Shannon, this is one of those questions where 1 cannot give you a solid,set in stone, "the data shows"type of answer. When measuring for sound the only way to get an accurate measurement is to put the machine in a sound proof studio with very expensive sound measuring devices to get an accurate measurement. I'm sure you can understand how prohibitive this is given the nature of the equipment. Therefore, I cannot give you a data-backed definite answer. However,from the measurements we've taken in our shop using un-official measuring equipment, we have obtained reading of about 70 decibels at 0 distance. From conversations that I have had talking with people in the industry, my understanding is that the Matthews equipment measure at over double that. 1 apologize for such an open ended and un-official answer but as you can understand, this is one of those things that is not"reasonably"testable. Rob Cervantez So on the question of retort noise---which I want to pre-emptively answer in case there are any concerns---my own experience and that of other people within our organization confirms that the CMS retort is a much quieter retort. To help explain a noise decibel comparison,see the decibel chart I was able to pull from the internet today; this chart shows that a 70 decibel noise level (as described by CMS for their retort) is roughly to an operating wash machine,air conditioner, or dishwasher,whereas the common Matthews retort would be considered "over double that"..... or more comparable to a football game, an airplane taking off, or a symphony concert. Clearly Stacy and Scott, Miller Funeral Home is acutely sensitive of our obligation to the surrounding community that the installation and operation of a retort is a non-issue as it concerns noise or other similar neighborhood concerns, therefore we're committed to purchasing the cleanest, most efficient and quietest retort currently available. Finally,yesterday Stacy asked about our Site/Boundary& Building plan, I've included this as the attachment and this information will be in the packet of information I provide the City of Fridley to be included with Planning Commission packet. Should either of you have additional questions please call me at 320-221-1412. Thank You, Shannon Asmus 1 Noise Comparisons Page 1 of 2 Noise Sources and Their Effects Noise Source Decibel comment .. Jet take-off (at 25 meters) 150 Eardrum rupture Aircraft carrier deck 140 Military jet aircraft take-off from aircraft carrier 130 with afterburner at 50 ft (130 dB). Thunderclap, chain saw. Oxygen torch (121 120 Painful. 32 times as dB). loud as 70 dB. Steel mill, auto horn at 1 meter. Turbo-fan 110 Average human aircraft at takeoff power at 200 ft (118 dB). pain threshold. 16 Riveting machine (110 dB); live rock music times as loud as 70 (108 - 114 dB). dB. Jet flake-off (at 305 meters), use of outboard 100 8 times as loud as motor, power lawn mower, motorcycle, farm 70 dB. Serious tractor, jackhammer, garbage truck. Boeing damage possible in 707 or DC-8 aircraft at one nautical mile (6080 8 hr exposure ft) before landing (106 dB); jet flyover at 1000 feet (103 dB); Bell J-2A helicopter at 100 ft (100 dB). Boeing 737 or DC-9 aircraft at one nautical 90 4 times as loud as mile (6080 ft) before landing (97 dB); power 70 dB. Likely mower (96 dB); motorcycle at 25 ft (90 dB). damage 8 hr exp Newspaper press (97 dB). Garbage disposal, dishwasher, average 80 2 times as loud as factory, freight train (at 15 meters). Car wash 70 dB. Possible at 20 ft (89 dB); propeller plane flyover at 1000 damage in 8 h ft (88 dB); diesel truck 40 mph at 50 ft (84 dB); exposure. diesel train at 45 mph at 100 ft (83 dB). Food blender (88 dB); milling machine (85 dB); garbage disposal 80 dB). Passenger car at 65 mph at 25 ft (77 dB); 70 Arbitrary base of freeway at 50 ft from pavement edge 10 a.m. comparison. Upper (76 dB). Living room music (76 dB); radio or 70s are annoyingly TV-audio, vacuum cleaner (70 dB). loud to some people. Conversation in restaurant, office, background 60 Half as loud as 70 music, Air conditioning unit at 100 ft dB. Fairly quiet Quiet suburb, conversation at home. Large 50 One-fourth as loud electrical transformers at 100 ft as 70 dB. Library, bird calls (44 dB); lowest limit of urban 40 One-eighth as loud http://www.chem.purdue.edu/chemsafety/Traiiiing/PPETrain/dblevels.htm 10/31/2012 Noise Comparisons Page 2 of 2 ambient sound as 70 dB. Quiet rural area 30 One-sixteenth as loud as 70 dB. Very ulet Whisper, rustling [eaves 20 Breathing 10 lBarely audible [modified from http:ff www.wenot.netf-hpbfdblevels.htmil on 212000. SOURCES:Temple University Department of Civil/Environmental Engineering(www.temple.eduldepartments/CETP/environiO.htmi),and Federal Agency Review of Selected Airport Noise Analysis Issues, Federal Interagency Committee on Noise(August 1992).Source of the information is attributed to Outdoor Noise and the Metropolitan Environment,M.C.Branch et al.,Department of City Planning,City of Los Angeles,1970. t http://www.chem.purdue.edu/chenisafety/Training/PPETrain/dblevels.htm 10/31/2012 Minnesota Deaths and Cremations by Year Year Deaths Cremations Percentag 2009 37,851 17,723 46.8% 2008 38,624 17,190 44.5% 2007 37,106 15,705 42.3% 2006 37,063 14,981 40.4 2005 37,594 14,381 38.3% 2004 37,086 13,377 36.1% 2003 37,727 13,253 35.1% 2002 38,753 12,994 33.5% 2001 37,961 12,449 32.8% 2000 37,780 11,464 30.3% 1999 38,696 10,953 28.3% 1998 37,372 9,918 26.5% 1997 36,192 8,943 24.7% 1996 37,126 8,919 24.0% 1995 36,416 8,040 22.1% 1994 36,290 7,533 20.8% 1993 36,510 7,012 19.2% 1992 35,189 6,535 18.6% 1991 35,554 6,118 17.2% 1990 34,882 5,514 15.8% Mortuary Science Program Page 1 of 2 Minnesota Deaths and Cremations by Year Year Deaths Cremations Percentag 1989 34,472 5,004 14.5% 1988 35,446 4,804 13.6% 1987 34,813 4,383 12.6% 1986 35,216 4,030 11.4% 1985 35,060 3,682 10.5% 1984 34,007 3,383 9.9% 1983 34,331 2,920 8.5% 1982 33,396 2,541 7.6% 1969 33,791 1,622 4.8% 1961 31,084 560 1.8% Mortuary Science Program Page 2 of 2 roa �- &2-1 Community Development Department City of Fridley 6431 University Avenue NE Fridley MN 55432 763.572.3592 f Fax: 763.571.1287 ,�• ff *' www.ci.fridley.mn.us TEXT AMENDMENT APPLICATION Property Information Address: rOV a G /qir Anoka County Property Identification Wumber PIN#): r'3-3o -Z</- od yb Legal Description: Lc,+.s 3 4&4 910C V_ 1 172 Ad,�:}YO•n Current Zoning: 3 .A Square footage of Parcel: W; Proposed Zoning: G,3 (Accecso!l U r 4R.W%V. ,A,04 Reason for Text Amendment(one sentence summary, please attached full description) T 4Ae vie 4S g rW.,fl+l CaccogirL. vfe Fee/Property Owner Information(as it appears on property title) **Fee owner must sign this form prior to processing Name(please print): frrdlN l?•tl Fs 4,le LLL Mailingaddress: ,Q1 i ;ha srca Avesvc City: 6r-BGKif.—A L State: Y"v1 Zip code: 5`520 Daytime Phone: 2l fl f y3 SSAT Fax Number: .2Lff 6 V3 - 33.21 Cell Phone: E-mail address: a: e /e C41.n . c d w^ Signature/Date: D /o �/8'/ /;z- Petitioner Information Company Name(please print): Inwiler rxwv*rwt {-Io-MP Contact Person's Name(please print): Sjjav+w%er% AS Mailing address: 3to S 5; b►vy City: UA&24fe 11 State: v"h Zip code: SS 3,S75 Daytime Phone: 3,;hD Za t ►yi 2 Fax Number: -32-0 Gg 3 11/b S Cell Phone: IZ Ztt Wit E-mai ddress: rJ�'IGh�►ar. ✓e r};,.. ca.„ Signature/Date: FOR OFFICE USE ONLY Fees $1,500--/— Q / Application Number: Receipt#: S r/ 1P Received By: Application Date: /0-j!?-/;a 15 Day Application Complete Notification Date: Scheduled Planning Commission Date: Scheduled City Council Date: 60 Day Date: IQ_/rJ-/a 60 Day Extension Date: E-, CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 6210 Highway 65 NE. CASE NUMBER: Text Amendment, TA# 12-02 APPLICANT: Miller Funeral Home Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To add language to the C-3, General Shopping zoning district code language that would allow a crematory as an accessory to a mortuary. LOCATION OF 6210 Highway 65 NE PROPERTY; Lots 3 & 4, Block 1, Herwal 2nd Addition, subject to easement of record. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, November 21, 2012, 7:00 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF HEARING: Fridley Municipal Center, City Council Chambers 6431 University Avenue N.E., Fridley, MN. HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than November 14, 2012. The TDD# is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. *PROPOSED CITY The proposed City Council meeting Date for this item will be COUNCIL MEETING Monday, December 3, 2012. *This date is subject to change DATE depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending City Council meeting. Publish: November 8, 2012 s CITY OF Communit Development Department FR/DLEY y p p Public Hearing Notice 634 6389 6341 1 6382 I I Im 6331 I 6359 6362 j I III W� 6319 6321 f – —1 L) W 6347 j 7 6342 I 6311 6310 �I 6319 J a II 6301 _I 6314 I II 6315 !I II �II 6301 6285 i 6301 I 6300 F- �. III 6279 I 6304 �( 6281 W i c W� 6289 — — �, a, Q 6259 (� 6271 6 I� W �I 62600 �- II 6` 261 I 6264 �� 6239 6240 6230 j I — 1 I 6225 m 6229 6250 i ii I 6213 I I 6219 6220 6220 901 I 6200 I 6209 W. MOORE LAKE DR 916 coQ/_'------- co I W f 6180 \ � 1000 l Wj 6180 MAI r� I SOURCES Fridley Engineering N Fridley Anoka County GIS p ues Text Amendment Re t,TA#12-02 Petitioner: Shannon Asmus for Miller Funeral Home W E Address: 6210 Hwy 65 NE Map Date:October 31, 2012 S r AM CITYOF Community Development Department r. FR'®LEY Public Hearing Notice — i0 6341 �. 6341 1 6389 I I m 6382 6331 --- 1 6362 I'I 6359 I Ii • �� W,I 6319 Cl) II 6321 I I U 6347 W -- 6342 �, ! > 6319 J ! 6311 I 6310 m I I w —a I 6315 I W Q ! 6301 II 6314 I 6301 6.301• i I 6285 • j 11 Ij 11 6300 i I 6 6304 • 1 j ; i W (� 6289 6281 C ll j 6271 ` 6278 6260 i_ _ I 6261 I 6264 • 6239`_=1 6240 • 6230 U1 6225 m 62icA /1 6250 i 6213 0 6220 6219., 622 I901 i 6200 _:.6209- . - W- MOORE LAKE DR t� 916 Oo • _ • o , = o LLJ 61 ,. �- J �s1 1000 \ 6180 SOURCES N Fridley Engineering Fridley GIS Text Amendment Request,TA#12-02 Anoka County GIS petitioner: Shannon Asmus for Miller Funeral Home W E Address: 6210 Hwy 65 NE P � Map Date:October 31, 2012 ')4611 111F Q S )MAV-09-008-L Y N,idn-dod pjogaj al jalanaj ;uawa6Aeq:) T 009LS OA113AV I!aege6 al zas!i!ln ap sua5 ! ujoYAJane•nnnnnn ;ap u!}e ajnq:)eq el a za!ldaa i ialad a salpe}sallanb!l3 RESIDENTIAL FUNDING COMPANY LLC SINCLAIR MARKETING INC JMI PROPERTIES INC 1100 VIRGINIA DR PO BOX 30825 6260 HWY 65 NE FORT WASHINGTON,PA 19034 SALT LAKE CITY,UT 84130-0825 FRIDLEY,MN 55432-0000 BLANCHARD JUDITH M FRIDLEY REAL ESTATE LLC SWIFT LUBE PROPERTIES LLC 6220 BAKER AVE NE 501 NEBRASKA AVE 6056 EAGLE WATCH CRT FRIDLEY,MN 55432-0000 BRECKENRIDGE,MN 56520 FORTH MYERS, FL 33917 CAMPEAU DANIEL BRANDJORD-SPELTZ ASSOCIATES BRICKNER THOMAS E&M A 6239 BAKER AVE NE 6220 HIGHWAY 65 NE 6230 HWY 65 SUITE 103 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 JOHNSON KEELEY ELATTAOUI R&WALETSKI J M PEREZ FAMILY PROPERTIES LLC 6229 BAKER AVE NE 1337 GARDENA AVE NE 6230 HWY 65 NE#105 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 SCOTT JENNIFER BLASE DOUGLAS W&BETTY J LOUSHIN ALBERT J&DONNA C 6300 BAKER AVE NE 6264 BAKER AVE NE 2743 RIVERS BLUFF LN FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 ANOKA,MN 55303-0000 SHOREWOOD PLAZA LLC HERNANDEZ AARON LOPEZ BRICKNER BRAAM LLC 4109 HIGHWOOD RD 6250 BAKER AVE NE 6230 HIGHWAY 65 NE#103 ORONO,MN 55364-0290 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 AMF BOWLING CENTERS INC HEBEISEN GREGG MISION CRISTIANA BETHEL DE MINNESOTA 7313 BELL CREEK RD 4311 NEVADA AVENUE 6304 HIGHWAY 65 NE MECHANICSVILLE,VA 23111 NEW HOPE,MN 55428 FRIDLEY,MN 55432-0000 BEDNAR KATHY A PELTIER D J&MENGELKOCH L L SALVATION ARMY THE 6279 BAKER AVE NE 6219 BAKER AVE NE 10 WEST ALGONQUIN RD FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 DES PLAINES,IL 60016 HERNANDEZ R J&KLEIN M D RODGERS TRUSTEE PAMELA BRICKNER BUILDERS INC 6301 BAKER AVE NE 6259 BAKER AVE NE 6230 HIGHWAY 65 NE#103 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 JMI PROPERTIES INC CRAFT PROPERTIES LLC 6260 HWY 65 NE#308 6240 HIGHWAY 65 NE#201 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 Y T W1a6P3 d0-dod asodxa ® jaded Paaj F ®09LS a;e!dwal @AjaAv ash 009LS @)AU3 V of au!l 6uole puag i s!agel®!aad 455^9 y T luawa6jeq) T lap e6 a zest I /�a3At/ 09 008-6 i W,dn-dod pjogaj ai jalanaj ap sua5 ®0965®ka3nv�. q 1 LSE: W0:)'AJaA2'MMM ;ap ul}e a.inq:)eq el a zalldaa 7 i salad a selhej saUanblk3 , ST PHILIPS LUTHERAN CHURCH 6180 HIGHWAY 65 NE FRIDLEY,MN 55432-0000 ST PHILIPS LUTHERAN CHURCH 6180 HWY 65 NE FRIDLEY,MN 55432-0000 SAMPSON DANIEL 916 W MOORE LAKE DR NE FRIDLEY,MN 55432-0000 la6p3 dD-dod asodxa ® jaded paad T ®0965 a;2ldwal®�(aany ar•0 w @0965 o}gull 6uole pugs slage-1 ®laad f!e a PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on November 21, 2012, at 7 : 00 p.m. for the purpose of : Consideration of a Text Amendment TA #12-02, by Miller Funeral Home, to add language to the C-3 , General Shopping zoning district code language that would allow a crematory as an accessory to a mortuary, legally described as Lots 3 & 4 , Block 1, Herwal 2nd Addition, subject to easement of record, generally located at 6210 Highway 65 NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Stacy Stromberg, Planner at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than November 14, 2012 . The TDD number is 763-572-3534 . The proposed City Council meeting date for this item will be on December 3, 2012 . *This date is subject to change depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending the City Council meeting. DAVID KONDRICK CHAIR PLANNING COMMISSION Publish: November 8 , 2012 CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • WWW.CI.FRIDLEY.MN.US October 31, 2012 Miller Funeral Home Shannon Asmus 316 S Sibley Litchfield MN 55355 Dear Mr. Asmus: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your applications for a'text amendment on October 19, 2012. This letter serves to inform you that your application is complete. Your Text Amendment application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on November 21, 2012 at 7:00 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will hold three meetings related to your text amendment request. • Public Hearing — December 3, 2012 • First Reading — December 10, 2012 • Second Reading — January 7, 2012 Please plan to be in attendance at all of the above referenced meetings. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, City of Fridley n Sa y ' o erg ' Planner cc: Fridley Real Estate LLC 501 Nebraska Avenue Breckenridge MN 56520