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PLM 08/21/213 PLANNING COMMISSION MEETING August 21, 2013 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: David Kondrick, Brad Sielaff, Jack Velin, Brad Dunham, Tim Solberg, and Leroy Oquist MEMBERS ABSENT: Dean Saba OTHERS PRESENT: Stacy Stromberg, Planner Christopher Batiste, Incertec Sonia Fenberg, Fairview Fridley Clinic Ray Piirainen, Fairview Fridley Clinic Jennifer Kaeding, BDHY Architects Approval of Minutes: July 17, 2013 MOTION by Commissioner Dunham to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #13-08, by Incertec, to allow limited outdoor rd storage, generally located at 160 – 83 Avenue. MOTION by Commissioner Dunham 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 7:03 P.M. Stacy Stromberg, Planner, stated the petitioner, Chris Batiste, Environmental Health and Safety (EHS) rd Coordinator with Incertec, the company located at 160 - 83 Avenue, is seeking a special use permit to allow limited outdoor storage of a storage container in the rear yard of the property. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the west. Broadway Pizza which is zoned C-2, General Business, is located to the east and Bachman’s and Sam’s Club, which are zoned C-3, General Shopping, are located to the south. Springbrook Apartments is located to the north of the subject property and is zoned R-3, Multi-Family. The property is located on rd 83 Avenue, west of University Avenue. The property was developed in 1996, with the construction of the existing office/ warehouse building. Over the years several interior modifications have been made to the building. Ms. Stromberg stated this summer the City’s Community Development Department hired a Code Enforcement Intern to do systematic inspections of our commercial and industrial properties. As a result, Planning Commission August 21, 2013 Page 2 of 8 many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is one of those that came to staff’s attention during those systematic inspections. 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 building’s footprint. The existing building’s square footage is 32,100 square feet, so City code would allow up to 16,000 square feet of outdoor storage on this property. Ms. Stromberg stated the petitioner would like to continue to store an 8-foot by 30–foot storage container within the rear yard of the property. The storage container is 240 square feet which is well below the allowable outdoor storage area for this property. According to the petitioner, “the container holds F006 hazardous waste that consists of only solid material. The container has been lined to prevent leakage and has been approved by Anoka County Community Health and Environmental Services, for this use. The container is always locked and is emptied on a regular, weekly basis.” Ms. Stromberg stated based on the calculations provided to the City by the petitioner on how the interior space of the building is used, City Code would require 83 parking stalls for this site. There are 76 parking stalls on site; however this property does have a cross parking and driveway agreement with the two industrial properties to the west, which allows for additional parking needs if necessary. Staff has not noticed that parking has been a problem on this site, but will stipulate that if it does become a problem, additional parking will need to be installed. Ms. Stromberg stated the storage container is located in the southwest corner of the site, and is barely visible from the public right-of-way. Staff determined that screening of a storage container can be difficult and can become more of a maintenance issue than the actual container if the screening is not maintained. As a result, the container itself is considered sufficient screening from the public right-of- way. 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. 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 on the container requested as part of this special use permit request. 2. The types of materials stored inside of the containers shall be reviewed by the Fire Marshal. 3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved by City staff to re-work the interior space of the existing building or find other parking options. Commissioner Sielaff asked, regarding the material that is being stored in the container, does Anoka County periodically inspect the contents? Do they permit it at all? Planning Commission August 21, 2013 Page 3 of 8 Ms. Stromberg replied, it has been approved by Anoka County and she’s assuming for them to do that, they need to do inspections. She referred Commissioner Sielaff to the petitioner. Christopher Batiste , Incertec, stated he is the environmental health and safety coordinator for Incertec. On an annual basis the trailer is inspected by Laura Schmidt with Anoka County. She comes and does an inspection of the facility as well as an inspection of the container to make sure it is leak proof and that they are storing what is supposed to be stored in there which is F006 hazardous waste. Chairperson Kondrick asked, which is what? Mr. Batiste replied, F006 hazardous waste. It is like a sludge they get from their presses. They have a waste treatment department where they break down chemicals and make sure they are safe to discharge, etc. The sludge comes from the J presses, and they have to have it shipped off site. Chairperson Kondrick asked, is it gathered in small barrels? Mr. Batiste replied it is gathered in what they call a “sludge bag.” It is like a type of lined bag specifically for that hazardous waste. It is tied and, once it is full (about 2,500 pounds) it gets moved into that trailer. The trailer gets filled up weekly, and they have it shipped off. Chairperson Kondrick asked does the container have a roof on it? Mr. Batiste replied, yes. Commissioner Sielaff asked whether Laura Schmidt is with the County and she inspects the trailer once a year? Mr. Batiste replied, yes. Commissioner Sielaff asked how much waste do they generate a year? Mr. Batiste replied, they are a large quantity generator. They go through 5-6 sludge bags a week, 15,000 pounds. Commissioner Sielaff asked whether they are permitted by the County? Mr. Batiste replied, yes. Commissioner Solberg asked, do they expect over time they might require more storage, off-site storage? Mr. Batiste replied, not at this time. Because of the space constraints they have in the building they cannot grow within the building. Commissioner Sielaff asked how long has Incertec been there? Mr. Batiste replied, it was formerly Spec Plating; and Incertec took over in April 2011. Planning Commission August 21, 2013 Page 4 of 8 Commissioner Sielaff asked, is the permit issued for a certain period of time? Mr. Batiste replied, they do give them their large plant generating permit every three years. As to industrial discharge, a permit is issued every three years as well. Commissioner Sielaff asked whether there have ever been any compliance problems? Mr. Batiste replied, no. Chairperson Kondrick asked whether the Fire Marshal stops by and takes a look? Mr. Batiste replied, he has in the past. He does not believe he has inspected the trailer. Chairperson Kondrick asked Ms. Stromberg whether the City has received any comments from Incertec’s neighbors? Ms. Stromberg replied, they received one call from Bachmann’s just inquiring what they were doing and, since the trailer was already in there, they did not have any concerns. MOTION by Commissioner Dunham to close 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 CLOSED AT 7:13 P.M. Chairperson Kondrick stated he has no problem with this. Mr. Batiste has answered all the questions. Staff is on top of this thing. Commissioner Velin stated the stipulations should have some reference having the Fire Marshal set up a specific time to inspect it. Chairperson Kondrick stated that is a good idea. It is in the stipulations that the Fire Marshal review the materials. MOTION by Commissioner Oquist approving Special Use Permit, SP #13-08, by Incertec, to allow rd limited outdoor storage, generally located at 160 – 83 Avenue with the following stipulations: 1. Outdoor storage area shall be limited to the square footage on the container requested as part of this special use permit request. 2. The types of materials stored inside of the containers shall be reviewed by the Fire Marshal. 3. If a parking shortage occurs on the site, the petitioner shall develop an agreeable plan approved by City staff to re-work the interior space of the existing building or find other parking options. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Planning Commission August 21, 2013 Page 5 of 8 PUBLIC HEARING: 2. Consideration of a Master Plan Amendment, MP #13-01, by Fairview Health Services, to allow a building addition and parking lot modifications, generally located at 6341 University Avenue. MOTION by Commissioner Solberg to open the public hearing. Seconded by Commissioner Velin. 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 Raymond Piirainen, of Fairview Health Services, is requesting a master plan amendment for the Fairview Clinic property located at 6341 University Avenue, to allow for two separate building additions and a parking lot and driveway revisions on the property. Ms. Stromberg stated the proposed project involves construction of a 2,758 square foot first floor pharmacy addition, with clinical space on the second floor, which will be located on the northwest side of the building. It also involves a 2,773 square foot first floor loading dock and gurney sized elevator addition, with clinical space on the second floor, which will be located on the southwest side of the building. Ms. Stromberg stated the project will also include reworking the current driveway through the site and parking area, by eliminating the driveway thru that connects the east and west parking lots, and constructing a new circular drop off area with a canopy and drive-thru pharmacy. Ms. Stromberg stated the property is located on the southeast corner of Formies Avenue and the University Avenue Service Drive. It was rezoned, along with the City Hall property and the Cummin’s property at 6499 University Avenue to S-2, Redevelopment district in 1982. When the property was rezoned, the existing medical clinic was constructed. In 2003, a master plan amendment was approved to re-design the parking lot and construct two building additions; one on the northwest side and the other on the east side of the building. The parking lot redesign, which includes land owned by Fairview and by the City’s Housing and Redevelopment Authority (HRA), was completed; however, the building additions were never constructed. Ms. Stromberg stated when any property is rezoned to S-2 Redevelopment District, it requires that the accompanying site plan become the master plan for the site. Once the S-2 zoning is approved by the City Council, any modification to that originally approved master plan would require a Master Plan Amendment. A Master Plan Amendment needs to be reviewed and approved by the Planning Commission and City Council. Review and recommendation is also required by the Housing and Redevelopment Authority (HRA) to the City Council before the amendment can be approved. Since the proposed project is a modification from what was originally approved with the rezoning, the petitioner is seeking this Master Plan Amendment. Ms. Stromberg stated the HRA will have the opportunity to review this request at their September 5, 2013 meeting. Planning Commission August 21, 2013 Page 6 of 8 Ms. Stromberg stated the proposed project involves construction of (2) separate building additions, along with a re-design of the driveway and parking areas, to construct a circular drop area in front of the new public entrance, along with the construction of a drive-thru for the new pharmacy within the building. Ms. Stromberg stated the new additions comply with all setback and lot coverage requirements. Ms. Stromberg stated City code requires 150 parking stalls for this use, and the petitioner is proposing to provide 235 parking stalls of which (6) are ADA compliant, which meets code requirements. City Engineering and Fire Department staff have had a chance to review the proposed site plan and new circular driveway and are comfortable with the modification. The circular driveway will extend over the property line and encroach into the City’s right-of-way; therefore, an encroachment agreement will need to be signed between the City and Fairview prior to construction. City Engineering staff also recommends the construction of bollards or landscape hedge along the circular drive, within the right-of- way to help facilitate the separation of vehicles. The existing driveway that will be north of the new circular drive will be landscaped with a rain garden and additional pedestrian crossings will also be installed. Ms. Stromberg stated City Staff recommends approval of Master Plan Amendment, MP #13-01 with stipulations. Ms. Stromberg stated staff recommends that if the Master Plan Amendment is approved, the following stipulations be attached: 1. The property shall be developed in accordance with the site plan, C2.0, dated July 29, 2013, by Alliant Engineering. 2. The petitioner shall obtain all necessary permits prior to construction. 3. The petitioner shall meet all Building code, Fire code, and ADA requirements. 4. The petitioner shall comply with the Fire Department comments dated August 12, 2013. 5. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 6. The petitioner shall receive Mississippi Watershed Management Organization approvals prior to issuance of a building permit. 7. City engineering staff to review and approve grading, drainage and utility plans prior to issuance of building permits. 8. An encroachment agreement for the circular driveway due to encroachment upon Fournies Avenue right-of-way shall be signed between the City and Fairview prior to issuance of a building permit. Chairperson Kondrick asked the representatives for Fairview if they were in agreement as to the stipulations. Ray Piirainen , Fairview Fridley Clinic, replied, yes. Commissioner Oquist asked if the outside materials on the two additions will be consistent with the existing building so it will be transparent when it is done? Jennifer Kaeding , BDHY Architects, yes, that is the intent. They are going to bring in some brick that will mimic the existing brick. Also, there is a correction, the total per floor is 2,700 square feet. Chairperson Sielaff asked whether the parking is still okay? Planning Commission August 21, 2013 Page 7 of 8 Ms. Stromberg replied, yes. Chairperson Kondrick stated it seems pretty much cut and dry and will be a great project. MOTION by Commissioner Dunham to close 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 CLOSED AT 7:27 P.M. Chairperson Kondrick stated it looks like both the petitioner and City staff have done their homework. It will be a nice addition and will look nice. Commissioner Oquist stated it is pretty straightforward. MOTION by Commissioner Sielaff approving Master Plan Amendment, MP #13-01, by Fairview Health Services, to allow a building addition and parking lot modifications, generally located at 6341 University Avenue with the following stipulations: 1. The property shall be developed in accordance with the site plan, C2.0, dated July 29, 2013, by Alliant Engineering. 2. The petitioner shall obtain all necessary permits prior to construction. 3. The petitioner shall meet all Building code, Fire code, and ADA requirements. 4. The petitioner shall comply with the Fire Department comments dated August 12, 2013. 5. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 6. The petitioner shall receive Mississippi Watershed Management Organization approvals prior to issuance of a building permit. 7. City engineering staff to review and approve grading, drainage and utility plans prior to issuance of building permits. 8. An encroachment agreement for the circular driveway due to encroachment upon Fourmies Avenue right-of-way shall be signed between the City and Fairview prior to issuance of a building permit. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the minutes of the June 6, 2013, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Solberg to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the minutes of the June 3, 2013, Parks and Recreation Commission Meeting. Planning Commission August 21, 2013 Page 8 of 8 MOTION by Commissioner Solberg to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the minutes of the May 14, 2013, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: th Commissioner Oquist asked what is happening with the project down on 57 and University? It seems like they stopped working. Ms. Stromberg stated it has been f a slow process this summer. Staff just met with the property owner earlier this week and it looks like things are going to start happening again. McDonald’s has obtained their building permit, and they have started prepping their site which will be a freestanding building on th 57 Avenue. Ms. Stromberg stated the next Planning Commission meeting will be September 18, 2013. ADJOURN MOTION by Commissioner Solberg adjourning the meeting. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:32 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary