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PLM 01/21/2015 PLANNING COMMISSION MEETING January 21, 2015 Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m. MEMBERS PRESENT: David Kondrick, Brad Sielaff, Tim Solberg, Leroy Oquist, and Dean Saba MEMBERS ABSENT: Todd Olin OTHERS PRESENT: Stacy Stromberg, Planner Rob Stenger, RJ Ryan Construction Dan Simcoe,Micro-Matics Samer Alamy, Islamic University of Minnesota Approval of Minutes: December 16, 2014 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP # 15-01, by RJ Ryan Construction, Inc., to allow a building addition that will increase the lot coverage requirement to 45.1%, generally located at 8050 Ranchers 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, Rob Stenger of RJ Ryan Construction, Inc., who is representing Micro-Matics LLC, is seeking a special use permit to increase the lot coverage requirement from 40 percent to 45.1 percent, to allow for the construction of an addition to the east side of the building, which is located at 8050 Ranchers Road. Ms. Stromberg stated the addition will be used for additional office, storage and manufacturing space for the business. Ms. Stromberg stated the property is zoned M-1, Light Industrial, as are the properties to the north, south and east. The property to the west is zoned M-2, Heavy Industrial. The property was originally developed by Gerald Paschke in 1983 in conjunction with the property to the north at 8090 Ranchers Road. There was a common wall that was built to allow for the zero lot line set back. Since the building was constructed in 1983, it has remains as is with minor interior and exterior modifications. In 1984, the City Council approved a variance to eliminate the requirement on setback from parking and hard surface for this property and the property to the south at 8010 Ranchers Road. This allows the two businesses to share a common access and drive aisle. Planning Commission Meeting January 21, 2015 Page 2 of 8 Ms. Stromberg stated Fridley City code allows properties in the M-1, Light Industrial zoning district to obtain a special use permit to increase the lot coverage requirement from 40 percent up to 50 percent. The petitioner is seeking to increase the lot coverage requirement from 40 percent to 45.1 percent to construct a 4,500 square foot addition on the east side of the building. This addition will essentially take the existing “L” shaped building and make it a “rectangular” shaped building. The new addition is planned to be used for office, storage and manufacturing space and will be located in the existing parking lot area. Ms. Stromberg stated based on the breakdown of the uses within the building and the proposed addition, 54 parking stalls are required for this property. The addition will displace the parking stalls in front of the building, so the site will be left with 39 parking stalls. Ms. Stromberg stated Micro-Matics runs a day and night shift and also has employees that work on the weekends. The general manager has articulated to staff that they have a total of 43 employees between the three shifts. He understands that at times parking may be tight, but they plan to eliminate the overlap in shifts and replace it with gaps between the day and night teams, so parking does not become an issue. He also has stated that in their business it takes less people to run more machines, so not as many employees are needed and additionally with them moving to working 7 days a week, they will get better utilization of the machines and employees. Staff will place a stipulation on the special use permit that when and if parking does become an issue, re-design of the interior space may need to be done or the petitioner may need to consider a shared parking agreement with neighboring property owners. Ms. Stromberg stated the proposed addition complies with all setback requirements. Ms. Stromberg stated City staff has not heard any comments to date from neighboring property owners. Ms. Stromberg stated City Staff recommends approval of this special use permit request as an increase in lot coverage for a one story building from 40 percent to 50 percent is a permitted special use in the M-1, Light Industrial zoning district, subject to stipulations. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to construction of the addition. 2. The petitioner shall meet all building, fire, and ADA requirements. 3. The petitioner shall receive Coon Creek Watershed District approvals prior to issuance of a building permit. 4. If on-street parking becomes an issue as a result of this use, the special use permit and options for additional parking shall be further reviewed by the City Council. Chairperson Kondrick asked Ms. Stromberg, just for their own personal gratification and perhaps the petitioner's as well, as to Stipulation No. 3, petitioner shall receive Coon Creek Watershed District approvals prior to issuance of a building permit, what do they look for? What do they need and expect? Ms. Stromberg replied, it is just an extension of what the City's engineers typically look for as far as stormwater. In this situation, they are adding hard surface but yet their new addition will be over an existing parking lot, which is already hard surfaced. It is a separate permit completely from what the City issues. The petitioner has been working with the watershed on this already so they are aware of it. Planning Commission Meeting January 21, 2015 Page 3 of 8 Commissioner Sielaff asked regarding the parking, they are going to have fewer parking stalls than the City requires them to have. Their shifts are going to be separated out. Is there a potential for doing on- street parking? Ms. Stromberg replied, the City does not want them to do on-street parking. If that becomes an issue, then they would need to bring it back to the Council. Commissioner Sielaff stated it was not clear to him, it could imply that you could do on-street parking at some certain levels. He would like to see a stipulation stating, if there is any on-street parking period. Ms. Stromberg stated that the stipulations could be modified. She also notes that this has been common for the City's industrial businesses. The City Code is requiring more parking than industries are telling staff that they need because of the machines they have their manufacturing facilities do not require as many employees as they once did. That has been something staff feels they need to look into further, to amend that requirement. Dan Simcoe, Micro-Matics, stated he is the manufacturing manager at Micro-Matics. Rob Stenger , RJ Ryan Construction, Inc., stated he is the project manager. Chairperson Kondrick asked Mr. Simcoe and Mr. Stenger whether they have had chance to read the stipulations and know the concerns of the City regarding those stipulations? Mr. Simcoe replied, yes, they have. Mr. Stenger replied, yes he has. Chairperson Kondrick asked whether they have any problems with them? Mr. Stenger replied, no problem. Chairperson Kondrick stated regarding parking, he asked them whether they understand the City's concern? Mr. Simcoe replied, absolutely. Chairperson Kondrick stated the City does not want a bunch of cars on the street. However, if it does become a problem they will have to revisit this in the future and talk about it. Mr. Simcoe replied, understood. Chairperson Kondrick asked whether they had anything else to offer the Planning Commission? Mr. Simcoe replied, just a little breakdown of their staff at Micro-Matics. They do have 43 employees, 27 of which are on the dayshift, 11 on the night shift, and then 5 employees on their weekend shift. Currently they have a little overlap right now. Their day shift works until 5:30 and the second shift comes in at 5:15 so there is a 15-minute overlap and they do that just for communication between the shifts. They do have 15 individuals who come in at 5:30 in the morning and leave at 4. With the 11 who Planning Commission Meeting January 21, 2015 Page 4 of 8 are coming in on the second shift, the 15 will be leaving prior to their start. However, they are willing to do additional separation of the shifts so they do not have a parking issue. Chairperson Kondrick stated to Mr. Simcoe so they understand the City's concerns. The City is also concerned with Mr. Simcoe's business as well. Things have changed as Ms. Stromberg said. For example, one machine takes the place of three now, etc. MOTION by Commissioner Saba to close 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 CLOSED AT 7:16 P.M. Commissioner Oquist stated as to the parking, he asked whether the building to the north uses much of that back parking lot? Is it possible Micro-Matics could use some of that space? Mr. Simcoe replied, yes, he thinks there is a possibility there. He does not think they are using any of that space right now other than for some storage of their own equipment, but the space is pretty much wide open. MOTION by Commissioner Sielaff approving Special Use Permit, SP # 15-01, by RJ Ryan Construction, Inc., to allow a building addition that will increase the lot coverage requirement to 45.1%, generally located at 8050 Ranchers Road with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction of the addition. 2. The petitioner shall meet all building, fire, and ADA requirements. 3. The petitioner shall receive Coon Creek Watershed District approvals prior to issuance of a building permit. 4. If on-street parking occurs as a result of this use, the special use permit and options for additional parking shall be further reviewed by the City Council. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP # 15-02, by Samer Alamy, to allow a daycare use in an R-3, Multi-Family zoning district, generally located at 6875 Highway 65 NE. MOTION by Commissioner Oquist to open 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 OPENED AT 7:18 P.M. Planning Commission Meeting January 21, 2015 Page 5 of 8 Ms. Stromberg stated the petitioner, Samer Alamy on behalf of the Islamic University of Minnesota, is requesting a special use permit to allow a daycare use within the existing building at 6875 Highway 65. th Ms. Stromberg stated the subject property is located off of Highway 65, just south of 68 Avenue. The property is zoned R-3, Multi-Family, as are the properties to the north and south. There are single family zoned parcels east of the property and Highway 65 borders the property to the west. The office building was constructed in 1960 through special use permit approval, since the property is zoned R-3, Multi- Family. A rear yard setback variance was approved in 1968, which allowed the construction of a building addition, 6 feet from the east property line. Another addition was constructed to the building in 1972. The use of the building has remained office since it was constructed. Ms. Stromberg stated in 1990 a variance was granted to allow a free-standing sign of 48 square feet, to allow wall signs that use the City’s commercial/industrial wall size ratio, to reduce the setback from 10 feet to 4.9 feet, and to increase the height of a free-standing sign from 6 feet to 7 feet. Ms. Stromberg stated the Islamic University of Minnesota (IUM) has put an offer on the subject property contingent upon approval of this special use permit request. The IUM plans to use the existing building for a daycare center. The initial plan is to use the lower level of the building for the daycare center while the upper level remains as office space. Eventually the entire building will be used for the daycare. Ms. Stromberg stated the petitioner is not planning any modifications to the exterior or the building, parking lot or landscaping at this time. They are aware that building permits will be required for any interior modifications. Ms. Stromberg stated daycares are a permitted special use in the R-3, Multi-Family zoning district, provided they meet the necessary requirements, related to building and site requirements and parking, subject to the stipulations suggested by staff. Ms. Stromberg stated the property complies with lot coverage requirements and as a result of the rear yard setback variance previously approved, setbacks are in compliance. Ms. Stromberg stated the existing building is approximately 3,700 square feet in size. The City code requires 1 parking stall for every 100 square feet of useable daycare area. The petitioner anticipates using approximately 2,200 square feet of the walkout level at this time for daycare area. As a result, 22 parking stalls are required. There are 15 parking stalls on the subject property with an additional 24 parking stalls on the parcel to the south. The property to the south is also owned by IUM and there is a shared parking arrangement between the two properties, which could provide the daycare use with a total of 39 parking stalls if needed. Ms. Stromberg stated staff understands that the upstairs will continue to be used for office area and will eventually be used for the daycare use. If parking stalls beyond the 39 available for this building are being used, the petitioner will have to designate other parking stalls on the 6831 Highway 65 NE property for the subject property. The petitioner has articulated that he is confident that between the daycare use at 6875 Highway 65 and the University/Church use at 6831 Highway 65 NE there is adequate parking. The petitioner also understands that they need to provide adequate parking on-site for their uses and that on- street parking is not an option. As a result, staff will stipulate that if parking does become an issue additional review by the City Council will be required. Planning Commission Meeting January 21, 2015 Page 6 of 8 Ms. Stromberg stated City Code also requires that in order for a day care center to be located in the R-3 Multi-Family zoning district, a minimum lot size of 12,000 square feet is required. The lot is 23,958 square feet, therefore, exceeding the minimum lot size requirement. Ms. Stromberg stated State licensing requirement will dictate the amount of daycare children allowed in the building based on the size of the building, as will fire and building code requirements. At this time, the petitioner anticipates a maximum of 50 students, with 10 staff. Ms. Stromberg stated City staff has not received any comments to date from neighboring property owners. Ms. Stromberg stated City Staff recommends approval of this special use permit, as daycares are an approved special use in the R-3, Multi-Family zoning district, with stipulations. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner to obtain all necessary permits prior to interior alteration of the building. 2. The petitioner shall comply with the Minnesota State Building code requirements. 3. The petitioner shall comply with any requirements set forth by the Fire Marshal. 4. The petitioner shall comply with any State and County regulations to operate a daycare center. 5. The petitioner shall obtain a sign permit prior to installation of any new signage. 6. The site shall become up to date with code requirements for accessible parking stalls. 7. Any outdoor play area constructed on the property shall be in the rear yard and fenced in. 8. If on-site parking becomes inadequate and the use requires on-street parking, the Property Owner shall appear before the City Council for further review and potential amendment of the stipulations for the special use permit. Chairperson Oquist stated regarding Stipulation No. 7, with it being a corner lot, where is the rear yard? Ms. Stromberg pointed out on the map the only area for an outdoor play area, which would be on the th east side of the lot, in the green area. She also showed that 68 Avenue side would be considered the front yard, as it’s the narrowest street frontage. The petitioner may work out some kind of agreement for the play area in the green space on the lot to the south since they are the same owners. Chairperson Solberg asked about location for dropping off the children. Ms. Stromberg stated, likely the children won’t be dropped off. In her personal experience, she would park in a parking stall, get her kids out of the car, and they would walk into the daycare. It’s likely the age group for the children occupying the daycare won’t just be dropped at the door. Chairperson Oquist stated he thought he read this will be a "for" profit daycare so essentially they would be open to the public. Samer Alamy , Islamic University of Minnesota, replied, that is correct. Also, it is not necessarily that the Islamic University is going to be running the operation. If they have a business who wants to run the daycare, which they have been approached, they may lease the building to be used as a daycare. Planning Commission Meeting January 21, 2015 Page 7 of 8 Chairperson Sielaff asked what is the capacity? Mr. Alamy replied, his understanding from looking at the State's requirements for daycare centers, it is 35 square feet per child. They are between 1,800 and 2,200 in the lower level which is really kind of a rough estimate and that limits them to about 50. And then the number of students, depending on their age, will determine the number of staff. Chairperson Sielaff asked whether the space requirement does not vary, for example, an infant and a toddler, it is the same? Mr. Alamy replied, it does not. They have generic requirement. They just wanted to see if the operation makes sense. If they can only get maybe 15-20 students, it might not make financial sense. Commissioner Oquist asked if the daycare falls through and they buy the building, what then becomes of this special use permit is for the daycare center, could they then just make the whole building into office area? Ms. Stromberg replied, they can use the building as an office. That is what it was originally built for, or a daycare. Commissioner Oquist asked what happens to the special use permit then if that should happen? Ms. Stromberg replied, it typically stays with the land but, if they know it is not going to happen, the City could revoke it. 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 7:32 P.M. Chairperson Kondrick stated Mr. Alamy has been straightforward. City Staff has filled them in well. MOTION by Commissioner Sielaff approving Special Use Permit, SP # 15-02, by Samer Alamy, to allow a daycare use in an R-3, Multi-Family zoning district, generally located at 6875 Highway 65 NE with the following stipulations: 1. The petitioner to obtain all necessary permits prior to interior alteration of the building. 2. The petitioner shall comply with the Minnesota State Building code requirements. 3. The petitioner shall comply with any requirements set forth by the Fire Marshal. 4. The petitioner shall comply with any State and County regulations to operate a daycare center. 5. The petitioner shall obtain a sign permit prior to installation of any new signage. 6. The site shall become up to date with code requirements for accessible parking stalls. 7. Any outdoor play area constructed on the property shall be in the rear yard and fenced in. 8. If on-site parking becomes inadequate and the use requires on-street parking, the Property Owner shall appear before the City Council for further review and potential amendment of the stipulations for the special use permit. Planning Commission Meeting January 21, 2015 Page 8 of 8 Seconded by Commissioner Oquist UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Receive the Minutes of the December 1, 2014, Parks and Recreation 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. 3. Receive the Minutes of the December 8, 2014, Housing & Redevelopment Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated to update them from the previous meeting, the preliminary plat for Paul Hyde and the Determan project were both approved by the City Council. They still need to get their plat approved by the County and then it comes back again to the Council for final approval. Ms. Stromberg stated the special use permit for used car sales lot on Highway 65 and 73rd was also approved. Ms. Stromberg stated the next Planning Commission meeting will be February 18, 2015. ADJOURN MOTION by Commissioner Sielaff adjourning the meeting. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:35 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary