Loading...
PLM 08/19/2015 PLANNING COMMISSION MEETING August 19, 2015 Chairperson Kondrick called the Planning Commission Meeting to order at 7:01 p.m. MEMBERS PRESENT: David Kondrick, Brad Sielaff, Leroy Oquist, David Ostwald, and Mike Heintz MEMBERS ABSENT: Todd Olin and Dean Saba OTHERS PRESENT: Stacy Stromberg, Planner Amna Kiran, Kitty’s Corner Brian Graskow, Wallboard, Inc Approval of Minutes: July 15, 2015 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Preliminary Plat, PS # 15-02, by Arnold Gilbertson, to replat the property at 137 Talmadge Way to increase the size of the lot at 181 Talmadge Way generally located at 137 Talmadge Way. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg , Planner, stated the petitioner, Arnold Gilbertson, who owns both 137 and 181 Talmadge Way, is seeking to replat both of the properties to increase the size of the rear yard for 181 Talmadge Way. Ms. Stromberg stated the subject properties are zoned R-1, Single Family as are all surrounding properties. They are located west of East River Road, on Talmadge Way. The existing home at 137 Talmadge Way was constructed in 1953 and in 1975 an attached garage and an addition to the home were built. The existing home at 181 Talmadge Way was constructed in 1959; an addition to the home was constructed in 1983. The existing garage was built in 1970. In 2004, the property received a variance to reduce the rear yard setback from 26.8 feet to 25 feet, to Planning Commission Meeting August 19, 2015 Page 2 of 11 convert an existing deck into a 3-season porch off the back of the home. Ms. Stromberg stated Fridley requires that lots in the R-1 district be a minimum of 75 feet in width with a minimum total lot area of 9,000 square feet. Ms. Stromberg stated the lot at 137 Talmadge Way is 27,007 square feet in size and the lot at 181 Talmadge Way is currently 11,761 square feet in size. Ms. Stromberg stated after the replat, proposed Lot #1, which is 181 Talmadge Way will be 23,790 square feet in size and the lot width will remain at approximately 109 feet with the radius. Proposed Lot #2, which is 137 Talmadge Way, will be 15,240 square feet in size and the lot width will remain the same at 100 feet. Ms. Stromberg stated the reason for the replat is to increase the size of the rear yard for 181 Talmadge Way. Ms. Stromberg stated it should be noted that the rear yard setback for the lot at 137 Talmadge Way is 40 feet, and the location of the existing home in relation to the new property line will comply with that code requirement. Ms. Stromberg stated City Staff recommends approval of this preliminary plat request as the lots exceed minimum size requirements. Ms. Stromberg stated City staff has heard from a few neighboring property owners who were interested in what the replat entailed. Nobody had any problems with the request once she described further what the property owner was trying to accomplish. Ms. Stromberg stated staff recommends approval of the preliminary plat request as the lot does exceed the minimum size requirements. There are no stipulations on this plat. Chairperson Kondrick stated the petitioner is not here this evening. Ms. Stromberg replied, yes, correct. Chairperson Kondrick asked Ms. Stromberg, the petitioner has indicated to her he has no problems with any of the possible stipulations that might occur? Ms. Stromberg replied, correct. MOTION by Commissioner Oquist 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 Planning Commission Meeting August 19, 2015 Page 3 of 11 HEARING WAS CLOSED AT 7:06 P.M. Commissioner Sielaff stated he has no problem with it. Chairperson Kondrick stated, nor does he. Commissioner Oquist stated, it is pretty straightforward. MOTION by Commissioner Oquist approving Preliminary Plat, PS # 15-02, by Arnold Gilbertson, to replat the property at 137 Talmadge Way to increase the size of the lot at 181 Talmadge Way generally located at 137 Talmadge Way. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #15-07, by Kitty's Corner, to allow an electronic changeable gas pricing and message sign on the existing free- standing sign, generally located at 7298 Highway 65 . MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Heintz UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:07 P.M. Ms. Stromberg stated the petitioner, Amna Kiran, of Kitty’s Corner, is requesting a special use permit to allow an electronic gas pricing sign and an electronic reader board to replace the manual existing gas pricing and reader board on the existing pylon sign at the gas station which is located at 7298 Highway 65 NE. Ms. Stromberg stated an 80 square foot free-standing sign already exists on the subject property. The petitioner recently re-faced the top panel of the sign to display “Kitty’s Corner”, the new name of the gas station. At this time, she is asking to replace the existing manual gas pricing sign and manual reader board sign, with new electronic LED signs. The new sign is will remain at 80 square feet. rd Ms. Stromberg stated the subject property is located on the southwest corner of 73 Avenue and Highway 65. It is zoned C-2, General Business. In 1971, the property was rezoned from M-2, Heavy Industrial to C-2, General Business. A special use permit was also issued in 1971 to allow a gas station. As a result of the rezoning and special use permit approval, the existing gas station building was constructed, as was the free-standing sign. The property has remained a gas Planning Commission Meeting August 19, 2015 Page 4 of 11 station since. Ms. Stromberg stated in the fall of 2014, the gas station closed and in November of 2014, the City received a request for a special use permit to allow used vehicle sales from a potential lessee of the property. That request was approved by the City Council on January 5, 2015, with several stipulations. That use never came to be and in May of 2015, the property owner leased the property to the petitioner and she reopened the property as a gas station use. The petitioner is working to convert all signage on the property to be consistent in color and style. She has until November 1, 2015, to have all the signage converted to the new color scheme. Ms. Stromberg stated electronic changeable signs are an approved special use in any zoning district, except residential, provided the message does not 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 as will the new sign. The total sign area of the sign with the retrofit from manual gas pricing and reader board to electronic changeable signs is 80 square feet, with the LED piece of the sign being 38 square feet. Ms. Stromberg stated 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. Ms. Stromberg stated City Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 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. 4. All new signage on canopies and the building shall be completed by November 1, 2015. Commissioner Oquist asked what happens to the other special use permit for the auto sales, should it be revoked? Ms. Stromberg replied, that is a good thought. The City should actually look at revoking that. When the Council reviews this item, they have to approve a resolution and, within that resolution, they could revoke the previous special use permit. Commissioner Sielaff asked what part of the sign is the LED? Planning Commission Meeting August 19, 2015 Page 5 of 11 Ms. Stromberg replied, the top is just a panel which exists today. It is just the bottom portion that is manual now that will be LED. Commissioner Sielaff asked whether the 80 square feet is just that portion below that sign? Ms. Stromberg replied, no, it is both combined. Commissioner Sielaff asked, and it is 38 square feet for the electronic portion? Ms. Stromberg replied, yes. Commissioner Oquist asked, regarding Stipulation No. 4, the signage on the canopies and the building, that signage shall be in compliance with the City's sign code, correct? Ms. Stromberg replied, right. That stipulation is already on the sign permit that was issued for the property back when the business opened, but staff just wanted to reiterate that. Chairperson Kondrick asked the petitioner if she understood the stipulations and if she was okay with them? Amna Kiran , Kitty’s Corner, replied, yes. Chairperson Kondrick stated the third stipulation which says the message on the L.E.D. sign shall never flash or have motion that distracts vehicular traffic. Her sign people will know to regulate that for her but does she understand that? Ms. Kiran replied, yes, she does. Commissioner Sielaff asked what constitutes a distraction? Ms. Stromberg replied, currently the City Code only allows an electronic message to change once every 45 seconds and prohibits flashing, scrolling, or any movement. Commissioner Ostwald stated stationary text is the only thing that can be displayed on it. Ms. Stromberg stated, yes, essentially. Nothing can flash or have motion. Chairperson Kondrick asked Ms. Kiran if she had any questions? Ms. Kiran asked whether there was anything in the City Code as to the color of the sign? Ms. Stromberg replied, the City has no restriction on color. Ms. Kiran asked at the time as the sign is changing every 45 seconds, can it change that color as Planning Commission Meeting August 19, 2015 Page 6 of 11 well as the message? Ms. Stromberg replied, yes. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Ostwald. 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. Chairperson Kondrick stated this is nothing new. Commissioner Oquist stated it is straightforward. MOTION by Commissioner Oquist approving Special Use Permit, SP #15-07, by Kitty's Corner, to allow an electronic changeable gas pricing and message sign on the existing free- standing sign, generally located at 7298 Highway 65 with the following stipulations: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 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. 4. All new signage on canopies and the building shall be completed by November 1, 2015. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING: Consideration of a Special Use Permit, SP #15-08, by Wallboard, Inc. to allow (2) outdoor storage areas in the rear yard of the property, generally located at 5346 Industrial Boulevard. MOTION by Commissioner Heintz 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 Planning Commission Meeting August 19, 2015 Page 7 of 11 HEARING WAS OPENED AT 7:18 P.M. Ms. Stromberg stated the petitioner, Brian Graskow, of Wallboard, Inc., is seeking a special use permit to allow limited outdoor storage of steel framing members, such as studs, tracks, and channels that are used in the construction of building walls, within the fenced-in rear yard of the property located at 5346 Industrial Boulevard NE. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial as are all surrounding properties. It is located on the corner of Industrial Boulevard and Ashton Avenue. Wallboard, Inc., purchased the property in 1994 and constructed the existing building in 1996. Additional outdoor storage buildings were constructed in 2001 and 2010. Wallboard, Inc. is in sales and the distribution of building materials. Ms. Stromberg stated in 2003, the subject property received a special use permit to have outdoor storage, however that special use permit required that the outdoor storage area be limited to (2) designated areas, which is consistent with how staff has approved special use permits in the past. That special use permit was never able to be complied with because the way that Wallboard stores their materials requires several “areas” of outdoor storage throughout the yard. Ms. Stromberg stated since the 2003 special use permit approval staff has been working with the business to try to find a way for the business to continue to operate that will also allow them to comply with the City’s outdoor storage requirements. The 2003 special use permit was revoked in 2010, as the petitioner and staff were getting close to resolving the outdoor storage violation and it was understood that a new special use permit would need to be applied for if outdoor storage was to continue on site. Ms. Stromberg stated the resolution developed by staff and the petitioner is that if the majority of the material areas can be covered with a three-sided roofed structure, those areas won’t be considered outdoor storage. Only the areas that aren’t covered will need to comply with the outdoor storage requirements. Ms. Stromberg stated staff met again with the petitioner in early 2015, and a plan has been developed and in fact many of the outdoor storage areas have already be covered with the three- sided structures, so the petitioner was ready to submit this special use permit application for review. Ms. Stromberg stated 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 existing buildings square footage is 30,763 square feet, so City code would allow up to 15,381 square feet of outdoor storage on this site. Ms. Stromberg stated the petitioner is proposing to designate (2) outdoor storage areas within the rear yard of the property. The first area will be located along the north and east boundary line and will be 20-feet deep and 330-feet long along the northern property line and 20-feet deep Planning Commission Meeting August 19, 2015 Page 8 of 11 and 170-feet long along the eastern property line for a total of 10,000 square feet in size. The second area will be located in the middle of the yard and will be 56 feet by 95 feet is size (5,320 square feet) in size; therefore both areas combined will comply with code requirements. All other materials are stored within a 3-sided structure. A picture of the structure has been attached for your information. Ms. Stromberg stated of note, the petitioner states that their yard is set-up the way it is because the length of the steel framing members can range from several feet up to 40 feet, with the most common length being 8-16 feet. The material length dictates the size of the clearance area needed for a forklift to store the materials in the designed areas and then to load the materials on a truck for delivery to a job site. Ms. Stromberg stated 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 stated based on the breakdown of uses within the building, 23 parking stalls are required. The site currently has 32 parking stalls which will not change as a result of the outdoor storage areas. Therefore, the site complies with code requirements. Ms. Stromberg stated the property is surrounded by industrial users and is fenced in. There are slats within the automatic gates used to get into the site, therefore providing the necessary screening from the Industrial Drive public right-of-way. The new 3-sided structures will also provide screening of the proposed outdoor storage areas. 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 has not heard from any neighboring property owners. Ms. Stromberg stated 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. 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 two areas as shown on Exhibit B of the resolution approving this special use permit request. 2. The existing automatic screening gate to the yard shall be closed except when used for entering and exiting to allow proper screening. 3. Additional screening either through fence slats or landscaping may need to be installed to allow proper screening from the public right-of-way (East River Road frontage road). Planning Commission Meeting August 19, 2015 Page 9 of 11 Chairperson Kondrick asked regarding Stipulation No. 3, could she be more specific about that? Ms. Stromberg replied, actually she and Mr. Hickok did drive by on 694 and you can see the storage yard. Obviously then you can see it from East River Road frontage road as well so screening slats would probably be the best way to screen the outdoor storage from that vantage point. Keeping in mind the City does allow storage to go up to 12 feet in height, but fences can only be 8 feet high. If the storage is over 8 feet, you will see some storage; but putting slats in the fence will eliminate seeing some of it. Chairperson Kondrick asked the petitioner whether he or his company had any problems with the stipulations as presented? Brian Graskow , Wallboard, Inc., replied, no. He and Ms. Stromberg traded a couple of messages today regarding the final stipulation and it is very doable. Chairperson Kondrick said as opposed to planting shrubs, etc. Mr. Graskow stated there is not really room on their site. It is concrete immediately on their side of the fence. Chairperson Kondrick stated slats would be cheap and a way to get things done. He has no problem with that. Mr. Graskow replied, none at all. Commissioner Oquist asked what are they going to storing in that area, particularly the blue area? Mr. Graskow steel studs primarily. Commissioner Oquist asked any reason they could not build a three-sided storage building for that just like the rest? Mr. Graskow replied, it would be extremely expensive. That would be about 500 lineal feet. It would pose some difficulty because of the clearance in the area. Also because of the location of the existing curb and with these storage racks you need something like 50-inches clear and there is some pretty uneven slopage of the lot in that area engineered for drainage. That is why you will see different orientations of the piles right now which is really meant to accommodate the slope of the surface. Chairperson Kondrick asked Mr. Graskow, when materials are delivered, are they done so on a flatbed? Planning Commission Meeting August 19, 2015 Page 10 of 11 Mr. Graskow replied, generally the steel is brought in on a flatbed semi truck. They get other products by rail, the wallboard, etc. It comes in by truck, and typically the trucks are in and out by 5 a.m. but they do come in during the day occasionally. Chairperson Kondrick stated staff and the petitioner have come to grips with the requirements and what they can and cannot do. He drove by there and he has no problem with that. The slats would have been a problem with him, but they are on top of that. He has no problem with this. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:29 P.M. MOTION by Commissioner Sielaff approving Special Use Permit, SP #15-08, by Wallboard, Inc. to allow (2) outdoor storage areas in the rear yard of the property, generally located at 5346 Industrial Boulevard with the following stipulations: 1. Outdoor storage area shall be limited to the two areas as shown on Exhibit B of the resolution approving this special use permit request. 2. The existing automatic screening gate to the yard shall be closed except when used for entering and exiting to allow proper screening. 3. Additional screening either through fence slats or landscaping may need to be installed to allow proper screening from the public right-of-way (East River Road frontage road). Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the June 1, 2015, Parks & Recreation Commission Meeting. MOTION by Commissioner Heintz to receive the minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the Minutes of the June 4, 2015, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Oquist to receive the minutes. Seconded by Commissioner Ostwald. Planning Commission Meeting August 19, 2015 Page 11 of 11 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS : Ms. Stromberg stated the preliminary plat from MN Hotel Partners for the Fridley Market property, or the Cub Foods property, was approved by the Council. Ms. Stromberg stated the bollards for the ornamental fence on the Cielo Property have started being constructed along University Avenue. Commissioner Oquist stated they approved the used car sales just north of Bob's Produce. What is going on with that? Ms. Stromberg replied, she has talked to the petitioner. It seems it is not on their horizon for this year. They had still hoped to open it but it maybe a 2016 project. They just were not ready yet to start construction. Ms. Stromberg stated the next Planning Commission meeting is scheduled for September 16, 2015. ADJOURN : MOTION by Commissioner Oquist to adjourn. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:37 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary