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PLM 07/17/2013 PLANNING COMMISSION MEETING July 17, 2013 Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m. MEMBERS PRESENT: David Kondrick, Dean Saba, Brad Sielaff, and Leroy Oquist MEMBERS ABSENT: Tim Solberg, Jack Velin, Brad Dunham OTHERS PRESENT: Stacy Stromberg, Planner Bob Gruber, Jr. Scenic Sign Co. Bob Traeger, CRBE, Inc. Debbie Tischler, Furniture Mart Approval of Minutes: May 15, 2013 MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #13-06, by Scenic Sign Corporation, for Mighty Mites III, LLC, to allow a free-standing electronic message center sign, generally located at 5401 East River Road. MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:04 P.M. Stacy Stromberg , Planner, stated the petitioner, Bob Gruber Jr., of Scenic Sign Co., who is representing, Furniture Mart, is seeking a special use permit to allow the construction of a new free-standing sign on the property that will have an electronic message center incorporated within the sign. Ms. Stromberg stated the property owner would like to construct a new 120 square foot, free- standing sign, of which 90 square feet of the sign will be the electronic message center. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the south, west and east. The property is bordered by Interstate 694 on the north. The property was originally developed in 1969 as a retail and warehouse building that housed Plywood America. In the early 1990’s, the business changed to Home Valu, which continued operating their business at this location until they closed their doors in 2010. In 1976 a metal building addition was constructed and in 2003, the entry to the building was remodeled. Several interior Planning Commission July 17, 2013 Page 2 of 7 modifications were made to the building over the 40 years it was in operation. In 2012, a special use permit was issued to increase the allowable lot coverage from 40 percent to 44 percent. As a result, a 15,000 square foot addition was constructed to the front of the building, and a complete interior and exterior remodel was completed. Furniture Mart opened their business in May of this year. Ms. Stromberg stated 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, M-2 Heavy Industrial. It is also within the Interstate 694 Corridor, which has its own special sign standards. The interstate signage standards allow free-standing sign to be increased to 35 ft. in height as opposed to the standard 25-foot height requirement. This special sign standard also allows properties within 275 feet of the centerline of Interstate 694 to have two free-standing signs per development. The primary (sign located along Interstate 694) is allowed based on the maximum square footage of the acreage of the development. The subject property is 4.5 acres in size and as a result is allowed to have a total of 120 sq. ft. in free-standing signage. Ms. Stromberg stated the proposed sign is 120 square feet in size, of which 90 square feet will be the electronic message center and 35 feet high, complying with code requirements. Ms. Stromberg stated when our development review committee met regarding this request, it was suggested that a adding some plantings around the base of the sign would soften the look of the pole and would add visual interest to the site. This would simply be a continuation of the landscaping the property owner has already provided. Ms. Stromberg stated City staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the industrial zoning district, provided the sign complies with Code requirements, subject to stipulations. Ms. Stromberg stated if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain a sign permit and current sign erector license prior to installing any signage on site. 2. The petitioner shall have the property lines marked prior to footing installation to verify setback location. 3. All existing temporary signs, including flags shall be removed upon issuance of this special use permit. 4. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 5. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Commissioner Sielaff asked regarding the special sign standards within the Interstate 694 corridor, are those regulations from the federal government? Ms. Stromberg replied, no, that is special to Fridley. That is within our sign code. Planning Commission July 17, 2013 Page 3 of 7 Commissioner Sielaff asked, are the requirements less or more restrictive? Ms. Stromberg replied, less restrictive. Chairperson Kondrick asked the petitioner whether he had any questions? Bob Gruber Jr., Scenic Sign Co., replied, he completely understands. He works in many municipalities and states with signs like this and with many properties that are along interstates allow slightly larger signs like this. Chairperson Kondrick asked Mr. Gruber whether his firm understands the stipulations? Mr. Gruber replied, absolutely. Furniture Mart is here as well. Chairperson Kondrick asked whether the frequency of the changing of the sign, etc. are all understood and agreed to? Debbie Tischler, Furniture Mart, replied, yes. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:12 P.M. Chairperson Kondrick stated he had no problem with this. Commissioner Oquist stated, it is pretty straightforward. MOTION by Commissioner Saba approving Special Use Permit, SP #13-06, by Scenic Sign Corporation, for Mighty Mites III, LLC, to allow a free-standing electronic message center sign, generally located at 5401 East River Road with the following stipulations: 1. The petitioner shall obtain a sign permit and current sign erector license prior to installing any signage on site. 2. The petitioner shall have the property lines marked prior to footing installation to verify setback location. 3. All existing temporary signs, including flags shall be removed upon issuance of this special use permit. 4. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 5. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Planning Commission July 17, 2013 Page 4 of 7 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #13-07, by CBRE, Inc., for FirstCal Industrial 2 Acquisitions, to allow outdoor storage of storage containers and roll off boxes within the rear parking lot, generally located at 5155 East River Road. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:14 P.M. Ms. Stromberg stated the petitioner, Bob Traeger of CBRE, Inc., the management company for the property at 5155 East River Road, is seeking a special use permit to allow limited outdoor storage in the rear parking lot. Bay West, a potential tenant, has the need to store two (2) storage containers and two (2) roll off boxes on site, which are associated with their business. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial as are all of the surrounding st properties. It is located on the corner of 51 Way and the East River Road Service Drive. The property was developed in 1987, with the construction of the existing multi-tenant office/ warehouse building. Over the years, several interior modifications have been made to the building to allow the accommodation of new tenant spaces within the building. The potential tenant will be leasing approximately 12,000 square feet on the southeast side of the building. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts with a special use permit that is up to 50 percent of the buildings footprint. The existing multi-tenant buildings square footage is 50,000 square feet, so City code would allow up to 25,000 square feet of outdoor storage on this property. The proposed tenant plans to store two (2) 8-foot by 20-foot storage containers and two (2) 8-foot by 20-foot roll off boxes that will be screened through the use of a chain link fence with slats. The approximate outdoor storage area will be 1,000 square feet, which is well below the allowable outdoor storage area for this property. Ms. Stromberg stated before the proposed special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg stated based on the calculations provided to the City by the property owner on how the interior space of the building is used, City code would require 141 parking stalls for this site. There will be 183 parking stalls on site, after 5 are removed to make room for the outdoor storage area, therefore meeting code requirements. Ms. Stromberg stated the petitioner is meeting all of the other code requirements to allow a special use permit for limited outdoor storage. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations as limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. Planning Commission July 17, 2013 Page 5 of 7 Ms. Stromberg stated Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. Outdoor storage area shall be limited to the square footage amount requested as part of this special use permit request. 2. Screening fence shall be installed within 60 days of tenant occupying the site. 3. The types of materials stored inside of the containers shall be reviewed by the Fire Marshal. 4. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Chairperson Kondrick asked regarding Stipulation No. 3, he assumes the Fire Marshall has the right to concern himself with things that might be flammable. What about stuff that stinks? Who controls that? Ms. Stromberg replied, Fridley does have an ordinance that regulates odor; therefore, it would be the Code Enforcement Department handling that. Commissioner Oquist asked if these containers are going to be permanent or dropped off and picked up? Ms. Stromberg referred his question to the petitioner. Commissioner Oquist asked, the four containers are only taking up five parking stalls? Ms. Stromberg the containers will be side by side. Commissioner Sielaff asked Ms. Stromberg to define what a roll off box is. Ms. Stromberg replied, there is a picture in their packet, but very similar to a dumpster. Chairperson Kondrick asked whether that is where a truck rolls up and delivers a container for yard waste, reconstruction materials, etc.? Ms. Stromberg replied, correct. Like a large dumpster. Commissioner Sielaff asked what exactly will be going in the containers? Bob Traeger , CBRE, Inc., stated Bay West does environmental cleanup, i.e., they would clean up a spill in a lake. They would fill the roll off containers, dump them, and then return the fully cleaned and emptied containers back to their site. The other containers store their equipment. Mr. Traeger stated as to the space the containers take up, the containers are each 8-feet wide by 20-feet long. He is proposing a 40-foot wide and 25-foot long fence. That is how he gets his 1,000 feet. Planning Commission July 17, 2013 Page 6 of 7 Commissioner Sielaff asked whether the roll off boxes will always be empty? Mr. Traeger replied, yes. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:24 P.M. Chairperson Kondrick stated he has no problems with this. Chairperson Kondrick asked Mr. Traeger whether the stipulations met with his approval? Mr. Traeger replied, yes, they did. MOTION by Commissioner Sielaff approving Special Use Permit, SP #13-07, by CBRE, Inc., for FirstCal Industrial 2 Acquisitions, to allow outdoor storage of storage containers and roll off boxes within the rear parking lot, generally located at 5155 East River Road with the following stipulations: 1. Outdoor storage area shall be limited to the square footage amount requested as part of this special use permit request. 2. Screening fence shall be installed within 60 days of tenant occupying the site. 3. The types of materials stored inside of the containers shall be reviewed by the Fire Marshal. 4. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the May 2, 2013, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the May 6, 2013, Parks and Recreation Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Sielaff. Planning Commission July 17, 2013 Page 7 of 7 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the minutes of the March 12, 2013, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated they should be seeing a rezoning application for the BAE site very soon. The AUAR was approved, and Paul Hyde closed on the property last week. ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:28 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary