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PL 07/21/2010 CITY OF FRIDLEY AGENDA PLANNING COMMISSION MEETING WEDNESDAY, JULY 21, 2010, 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: June 16, 2010 1. PUBLIC HEARING: Consideration of a Text Amendment, TA #10-01, by Voigt's School Bus Services Inc., to allow parking of fleet vehicles in the M-1, Light Industrial and M-2, Heavy Industrial zoning districts, provided specific code requirements can be met, generally located at 7600 Central Avenue NE. 2. Consideration of a Vacation, SAV#10-02, by Faulkner Construction, to allow the vacation of utility easements for the purpose of relocation of said easements over parcels, generally located at 6352 Central Avenue and 1271 East Moore Lake Drive. 3. RECEIVE THE MINUTES OF THE MAY 11 2010 ENVIROMENTAL QUALITY AND ENERGY COMMISSION MEETING. 4. RECEIVE THE MINUTES OF THE JUNE 2 2010 APPEALS COMMISSION MEETING. OTHER BUSINESS: ADJOURN City of Fridley Land Use Application TA#10-01 July 21, 2010 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Voigt's School Bus Service Inc. Troy Voigt SUMMARY OF PROJECT PO Box 1 The petitioner, Mr. Voigt, is seeking a text St. Cloud MN 56302 amendment to add language to the M-1, Light Requested Action: Industrial zoning district and M-2, Heavy Industrial Text Amendment to allow parking of fleet zoning district; that would allow parking of fleet vehicles in the M-1 and M-2 zoning vehicles as an accessory use, provided specific code districts. requirements can be met. Existing Zoning: SUMMARY OF ANALYSIS M-1 (Light Industrial) City Staff recommends approval of the text Location: amendment. 7600 Central Avenue NE • Proposed Accessory Use is consistent with Size: the purpose and intent of the M-1 and M-2 178,955 sq. ft. 4.1 acres zoning code. Existing Land Use: CITY COUNCIL ACTION/ 60 DAY DATE Industrial City Council—August 9, 2010 60 Day—August 16, 2010 Surrounding Land Use &Zoning: 1St Reading for TA—August 23, 2010 N: Industrial & M-1 2nd Reading for TA—September 13, 2010 E: Single Family& R-1 60 Day Extension Date—October 15, 2010 S:Vacant land & M-4 W: Hitching Post Motorsports &C-3 l i Comprehensive Plan Conformance: Consistent with Plan Zoning History: 1969—Lot originally platted. „ 1970—Existing building constructed. 2 1993—Lot is replatted. Legal Description of Property: Lot 3, Block 1, Anderson Development Replat Public Utilities: Building is connected. :5 F Transportation: The property is accessed of off Central Avenue. -: a Physical Characteristics : Property consists of a building, hard surface t ! °` '"` � parking area, a little green space in the Aerial of Property front yard, with a large gravel area behind Staff Report Prepared by: Stacy Stromberg the building. TA #10-01 REQUESTS The petitioner, Mr. Voigt, of Voigt's School Bus Service, Inc., is seeking a text amendment to add language to the M-1, Light Industrial zoning district and the M-2, Heavy Industrial zoning district; that would allow parking of fleet vehicles as an accessory to the principal use on a lot, provided specific code requirements can be met. Voigt Bus Service, which is currently located at 1240 Osborne Road, is currently in the process of purchasing the subject property at 7600 Central Avenue from Anderson Trucking. It's the petitioner's desire to expand their business onto the subject property.The petitioner plans to store small buses of approximately 12,000 lbs. on the subject property. The storage of the vehicles will be in the side and rear yard of the lot, alongside or behind the existing building. The property will be updated by hard surfacing the area in which the vehicles are parked or driven. The petitioner plans to control the water run-off by complying with any requirements set-forth by either the City or the Rice Creek Watershed District. They also plan to add green space to the west side of the lot, which is currently gravel. At some time in the future, the petitioner's would like to construct a building in this location for the storage of their buses. ' II P .e ,s .t. T irk ,, ro bsed Bu§ F,-'r8rkiilg Areast� a crass E i f Y > 2 1 I as STw::. .•® 3i EXisting Building ,? . OEosz _ � `. a• -.• t WIN SITE DESCRIPTION The subject property is located on Central Avenue, south of Osborne Road. The property is zoned M-1, Light Industrial. The property north is also zoned M-1 Light Industrial, the property to the south is zoned M-4 Manufacturing Only, the property to the west is zoned C-3, General Shopping and the properties across Central Avenue are zoned, R-1 Single Family. The subject property is 4.1 acres is size and was developed in 1970, with the construction of the existing building. In 1993, the subject property was replatted along with the properties at 1240 and 1290 Osborne Road. 1 HISTORY The subject property was developed in 1970, with the construction of the existing building and based on the records in the City Council meeting, 10 trucks were allowed to be stored on the site; that would be used daily for 1246 120 0 business operations. At the time, code required that the lot be paved to allow u for parking of the trucks. While doing industrial and commercial code CD 76W CD enforcement inspections last summer, 75 93 the City's Community Development intern discovered that not only was this property unpaved, there was storage of over three times the amount of trucks and trailers that were approved for this site in 1970. The property owners were notified by the City and as a result, they vacated the site. The site has been vacant for approximately a year. ANALYSIS The petitioner has initiated a text amendment to add language to the M-1, Light Industrial zoning district and the M-2, Heavy Industrial, which would allow the parking of fleet vehicles that are used for the principal business operation as an accessory use, provided specific code requirements can be met. The City currently doesn't allow parking of fleet vehicles by right and in most instances we would currently consider the parking of these vehicles "outdoor storage" and would require a business to get a special use permit. Over the last several years, staff has been approached by businesses looking to move into Fridley that have the need to park their fleet vehicles overnight or staff has come across businesses that are already in operation in Fridley that have some type of parking of fleet vehicles that are used during the day and parked on site at night. Many of the industrial spaces that exist within the City may attract tenants that have the need to park fleet vehicles overnight and as long as certain conditions can be met, which are listed below, staff has determined that these types of uses shouldn't be discouraged. When Voigt Bus Service approached the City about purchasing the Anderson Trucking site to expand their operation, staff started evaluating how reasonable this type of accessory use would be for all of our industrial properties that are located in the M-1, Light Industrial and the M-2, Heavy Industrial zoning district. We determined that as long as specific code requirements can be met, parking of fleet vehicles overnight; would be an acceptable accessory use in our M-1 and M-2 zoning districts. Staff has drafted an ordinance that would allow the parking of fleet vehicles that are related to the principal use (or business) on site as an accessory use, provided the following conditions can be met. Those conditions are listed below with the reasons why staff determined the condition was necessary below in bold. 2 ' II r ((1)) Vehicles shall be licensed and street operable. Ensuring that vehicles are currently licensed and operable eliminates the opportunity for junk vehicles to be stored on site. This in turn, will also prevent fleet vehicles from becoming an outdoor storage issue. ((2)) Vehicles shall be parked on an approved hard surface. City Code requires vehicles to be parked on an approved hard surface, such as concrete or asphalt, so this condition is just restating the requirement. ((3)) Vehicles shall be parked in the side or rear yard only. Requiring the vehicles to be parked in the side or rear yard only will prevent the vehicles from being parked in the front parking lot which is more visible from the public right-of-way. City code requires that all storage be limited to the side or rear yard, so this requirement is expanding off that. ((4)) Vehicles shall be under a gross vehicle weight of 26, 000 lbs. The petitioner provided staff with weighs of typical buses used for their business. Based on information provided, a typical school bus weights 26,000 lbs. Though the petitioner plans to store small buses on the subject property which weigh approximately 12,000 Ibs, staff determined that the maximum size vehicle we would think is reasonable to be included in the "fleet vehicle" category should weigh 26,000 lbs. or less. Any vehicle larger would be more appropriately parked or stored in an M- 3, Outdoor Intensive Heavy Industrial zoning district. ((S)) The parking stalls dedicated for the parking of fleet vehicles shall be in addition to what code would require for parking stalls on the site. City staff wants to ensure that parking demands for the existing uses within the building are met before additional stalls are dedicated for parking of fleet vehicles. So, if a particular business is required to have 20 parking stalls based on the office, manufacturing and storage space within the building, and the business needs to have 5 stalls for fleet vehicles,they would be required to have 25 parking stalls on-site. ((6)) The parking area shall be properly lit, with shielded and downcast lighting and properly secured. For security reasons it's important to have the area where fleet vehicles are parked lit and secured. Securing the area could be through the use of fencing, cameras, alarm system, etc. Staff has determined that the above mentioned conditions are necessary for the proposed accessory use to meet the purpose and intent of the zoning ordinance. 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. Accessory uses, are just that, accessory to the principal use of the property. Off-street parking is considered an accessory use, as is off-street loading facilities and business signs for uses permitted. Staff would consider the parking of fleet vehicles an extension of the off-street parking accessory use and as long as the conditions we've laid out can be met. This type of accessory use; would be considered reasonable to be allowed in the M-1 and M-2 zoning districts, without causing disruption to the neighboring properties and uses. 3 Staff finds that the extension of the Voigt Bus Service business onto the subject property with the parking of fleet vehicles as an accessory use would comply with the conditions set forth in the proposed text amendment. This re-utilization of the subject property will improve the overall condition of the property, and by approving this text amendment, the City will bring into compliance several other businesses within the City. Staff also reviewed the site to ensure that parking demands will be met. The total square footage of the building is 5,768 sq.ft. Office space within the building will be 1,600 sq.ft. and the remaining area will be used for storage of buses. Therefore, code would require 8 parking stalls for the building. The petitioner is providing 30 parking stalls in front of the building, which is well over what code would allow. As a result of this request, the petitioner will be required to comply with landscaping requirements for the subject property. The site will require the installation of a total of 37 trees. Staff has agreed to allow the petitioner to install 15 trees now with the proposed improvements to the east side of the site and at which time the proposed grassy area to the west develops; the additional 22 trees will need to be planted. OTHER CITIES City staff contacted the City of Egan as they were recently researching this very same issue. A matrix of their research as to what other cities allow has been attached for your review. RECOMMENDATIONS City Staff recommends approval of the text amendment. Proposed Accessory Use is consistent with the purpose and intent of the M-1 and M-2 zoning code. 4 Ordinance No. AN ORDINANCE AMENDNING CHAPTER 205, SECTION 205.03, SECTION 205.17 AND 205.18 DEFINING "FLEET VEHICLE" AND ALLOWING "OVERNIGHT PARKING OF FLEET VEHICLES" AS AN ACCESSORY USE IN THE M-1, LIGHT INDUSTRIAL AND M-2, HEAVY INDUSTRIAL ZONING DISTRICTS The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 205 related to creation of a definition for"fleet vehicle" and allowing the "overnight parking of fleet vehicles" as an accessory use in the M-1, Light Industrial zoning district and M- 2, Heavy Industrial zoning district be amended as follows: SECTION 1. That Section 205.17 be hereby amended as follows: 205.17 M-1, LIGHT INDUSTRIAL DISTRICT REGULATIONS 1. USES PERMITTED B. Accessory Uses (1) Off-street parking facilities, directly related to therp incipal use. (a) Including the business' fleet vehicles (0)) Vehicles shall be licensed and street operable. ((2)) Vehicles shall be parked on an approved hard surface. ((3)) Vehicles shall be parked in the side or rear yard only. ((4)) Vehicles shall be under a gross vehicle weight of 26, 000 lbs. ((5)) The parking stalls dedicated for the parking of fleet vehicles shall be in addition to what code would require for parking stalls on the site. ((6)) The parking area shall be properly lit, with shielded and downcast lighting and properly secured. SECTION 2. That Section 205.18 be hereby amended as follows: 205.18 M-2, HEAVY INDUSTRIAL DISTRICT REGULATIONS 1. USES PERMITTED B. Accessory Uses (4) Off-street parking facilities directly related to the principal use. (b) _I_ncluding the business' fleet vehicles ((1)) Vehicles shall be licensed and street operable. ((2)) Vehicles shall be parked on an approved hard surface ((3)) Vehicles shall be parked in the side or rear yard only. ((4)) Vehicles shall be under a gross vehicle weight of 26 000 lbs. ((5)) The parking stalls dedicated for the parking of fleet vehicles shall be in addition to what code would require for parking stalls on the site. ((6)) The parking area shall be properly lit with shielded and downcast lighting and properly secured SECTION 3. That Section 205.03 be hereby amended as follows: 205.03 DEFINATIONS 28. Fleet Vehicle Any motor vehicle a company owns or leases that is in the normal operation of the accepted principal use. Vehicles not considered fleet vehicles include off-road construction farm implement, and personal vehicles. 2-8-: 29. Fraternal Organization (Remainder of section renumber accordingly) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS_ DAY OF , 2010 Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: August 9, 2010 First Reading: August 23, 2010 Second Reading: September 13, 2010 Publication: PO Box 1 St.Cloud, MN 56302 lot VO 1 GT'S 320/253-0510 (St.Cloud) 612/339-0612 (Twin Cities) Bus Companies FAX# 320/252-1883 To: City of Fridley From: Voigt's School Bus Service Inc. Subject: Text Amendment M1 Zoning Date: May 12,2010 Voigt's would like to ask the City of Fridley to consider making a Text Amendment in the current M1 Zoning. We would like to see a phrase that allows overnight exterior parking for routinely used buses. There are a couple reasons why this is good for the community. Every community in the state has a need for school transportation. By allowing the school bus company to be centrally located in the community,it lowers the expenses incurred in extra deadheading of buses from a terminal to the area being served. Lower expenses keep the tax base under control and ultimately make a better school system for residents considering the community for a home. It also allows shorter commuting time for employees who live in the community. Buses are unlike other transportation vehicles in that they do not take any product home. Our "product' is our customers. They do not come to the terminal. Trash haulers,dump trucks,freight haulers all bring product to their terminal overnight. Buses do not. Buses are required to be 100%ready to go. No disabled vehicles can be used for routes;therefore there will be no need to keep vehicles that are inoperable on property. The vehicles are contractually required to be clean. Our vehicles are washed very frequently. Our heaviest bus is just a little more than half the weight of a traditional semi-trailer unit. Our diagram illustrates how we would improve the current property at 7600 Central Avenue. We will add any fencing required by ordinance. We will hard surface the property we are using. We will allow for ample parking for staff members. We will control the runoff from the hard surfacing according to the requirements of the Rice Creek Watershed District. It is our opinion that this change will be an improvement from the original use of the property at this address,while allowing a long time resident business continues to provide a service in an efficient manner. Thank you for your consideration of this request. Since y,--, Troy D.Voigt, resident Voigt's School Bus Services Inc. VANS SCHOOL BUSES MINICOACHES MOTORCOACHES PRELIMINARY SITE PLAN A SECTION 12, TOWNSHIP 30 NORTH, RANGE 24 WEST ANOKA COUNTY, MINNESOTA E.1 's Fb 7 T 7 7 17 -77-7 14 Is STALLS 6 STALLS Fs PROPOSED GREEN SPACE 1 II 30 STALLS 0c) ry"i 4 STALLS cu vav¢ --mo- • N :nos 99 ... Duppy nXimssium& I Of 3 Outdoor Storage/Fleet Vehicles 2010-07-13 City Has Ordinance Have Outdoor Treat vehicle storage' Notes/Ordinance Language definition regarding Storage standards differently than Outdoor Storage in Ordinance Outdoor Storage Apple Valley No No Do not address vehicle GB district allows for outdoor uses to have one display. (Tom Lovelace) storage They consider 1 or 2 vehicles as being incidental, such as 952.953.2575 rental trucks at Home Depot or Menards. They haven't addressed the Geek Squad vehicles at Best Buy. With their ordinance, if it's not listed, it may not be permitted. Bloomington No Yes Do not address vehicle Consider vehicles as an accessory use to the permitted use, (Gaylen Doyle) storage such as Branch Post Office example. They use the terms 952.563.8920 "nominal" & "reasonably accessory". Standard outdoor storage cannot exceed a certain %of building floor area (ex. Ryder and Budget rental trucks). Burnsville No Yes Do not address vehicle If the products or operations are not enclosed within the (Chris Slania) storage building it is considered outdoor storage (open storage lot) 952.895.4451 or open sales/rental lot. In all districts, even heavy industry, open storage lots or open sales/rental lots are Conditional Uses or Interim Uses but never a permitteduse. New and used car dealerships are open sales/rental lot so they need a CUP. Motor vehicle and maintenance garages are also a CUP. The gray area getstofleet vehicles such as vans for plumbing and electrical companies. Assuming these vehicles are leaving the site on a regular basis;(five days a week, 8-5) they don't require a CUP. As long as the vehicles are being used by the business on a regular basis and not just in the parking lot for additional signage they would not consider it outdoor storage. Eagan Yes Yes No Allow 2 vehicles as accessory use, otherwise, anything (Mary Granley) stored outdoors, overnight, is considered OS. Eden Prairie No Yes, Policy for Yes Code Language: In all Districts except I-General, all raw (Regina Heron) Parking of Trucks materials, supplies, finished or semi-finished products and 952.949.8490 over%ton equipment shall be stored within a completely enclosed Capacity in Office, building; provided, however, that motor vehicles`necessary G:\Planning\Sarah Thom as\Projects\2010\Outdoor Storage Page 1 of 3 Outdoor Storage/Fleet Vehicles 2010-07-13 Industrial and to the operation of the principal use and of not more than Commercial Zoned three-quarter ton capacity may be stored or parked within Districts* the permitted parking lot areas. In [-Gen Districts, outside storage is permitted provided it is screened in accordance with this Section: Inver Grove Heights Yes* No Yes Conditionally allow outdoor storage in B-3 (general (Heather Botten) business) and 1-1 and 1-2 (industrial) districts. Do not require 651-450-2569 a CUP for businesses that have vehicles that are driven every day(ie, geek squad, city vehicles, catering vans). Do require a CUP for outdoor storage when it relates to businesses that have large fleets and vehicles that are not typical (ie... moving vehicles, trailers, construction equipment). Outdoor storage also relates to "goods"- mulch, rocks, port-a-potties, lawn mowers,etc. Minnetonka Yes* Yes Only in their 1 Their 1 industrial district allows outdoor parking, must be (Jeff Thomson) industrial district screened, as an accessory use. Otherwise, they, would 952.939.8293 interpret-vehicles to be "equipment" and require a CUP. However, this hasn't been an issue and they haven't'. enforced it. Plymouth No Yes No Fleet vehicles are considered an accessory use; specifically (Josh Doty) code allows up to 3, but they haven't addressed situations 763.509.5453 with more than 3. They would, but haven't received complaints. Outdoor storage requires a CUP in Industrial Districts when adjacent to residential, otherwise outdoor storage is an administrative review. Woodbury Yes* No Do not address vehicle Outdoor parking of vehicles is only allowed if the underlying' (Eric Searles) storage zoning district allows that particular use. They have not had 651.714.3532 problems or enforced commercial vehicle storage. They would consider fleet vehicles to be accessory or incidental. Outdoor storage is not allowed in retail, commercial or office areas. St Louis Park Yes*, by Land Use Yes,vary by district No Outdoor storage is only allowed in Industrial districts, not (Adam Fulton) commercial. It is considered accessory in some Industrial 952.928.2841 districts and in others, a permitted use. They do not G:\Planning\Sarah Thomas\Projects\2010\Outdoor Storage Page 2 of 3 i Outdoor Storage/Fleet Vehicles 2010-07-13 regulate fleet vehicles because they move fairly frequently. They have an Administrative process for temporary uses, such as Grocers who sell Agricultural goods (for up to 90 days). Maple Grove No Yes Do not address vehicle Fleet vehicle storage is not enforced. It is a sore point with (Barb Bogan) storage the City Council and they have asked staff not to enforce 763.494.6040 them unless it is a large, 12,000 Ib vehicle and stored in a residential district.. Fridley No Yes Would require CUP Allow up to 50% of the building footprint to be used as (Stacy Stromberg) but have not outdoor storage with a CUP. Vehicle storage would be 763.572.3595 addressed it required to get a CUP. Have not required a CUP for just one or two vehicles, although at some point they might. Typically storage is related to equipment or products. 1-Vehicle storage is considered to be outdoor,overnight parking of vans(e.g.hotel shuttle,restaurant catering)and fleet vehicles. *-Obtained Ordinance G:\Planning\Sarah Thomas\Projects\2010\Outdoor Storage Page 3 of 3 Community Development Department City of Fridley 6431 University Avenue NE Fridley MN 55432 763.572.3592 Fax: 763.571.1287 www.ci.fridley.mmus TEXT AMENDMENT APPLICATION Property Information Address: 7600 Central Ave. NE Anoka County Property Identification Number(PIN #): 12-30-24-21-0029 Legal Description: Lot 3, Block 1 Andersen Development Replat Square M1 S footage of Parcel: "�69 Aer-.. � Current Zoning. Q o Proposed Zoning: M1 = E ?" Reason for Text Amendment (one sentence summary, please attached full description) Requesting to allow overnight parking of buses in an M1 zone. Fee/Property Owner Information (as it appears on property title) **Fee owner must sign this form prior to processing Name (please print): Andersen Trucking Service Inc. Mailing address: 725 Opportunity Drive St. Cloud MN 56301 Daytime Phone: 320-255-7400 Fax Number: Cell Phone: -ma' ddress: Signature/Date: Petitioner Information Company Name (please print): Voigt's School Bus Services Inc. Contact Person's Name (please print): Troy or Darwin Voigt Mailing address: PO Box 1, St. Cloud MN 56302 Daytime Phone: 612-339-0612 Fax Number: 320-252-1883 lCell Phone: 320-980- V , E-.mail address: troy@voigtbus.com nature Date: `r2-1 / FOR OFFICE USE ONLY Fees $1,500- Application Number: Receipt#: 45 �7 Received By: Application Date: 15 Day Application Complete Notification Date: q -a-l'0 Scheduled Planning Commission Date: !7-CR /—/D Scheduled City Council Date: 60 Day Date: /("-�O 60 Day Extension Date: Y 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 July 21, 2010, at 7 : 00 p.m. for the purpose of : Consideration of a Text Amendment, TA #10-01, by Voigt' s School Bus Services Inc . , to allow parking of fleet vehicles in the M-1, Light Industrial and M-2 , Heavy Industrial zoning districts, provided specific code requirements can be met legally described as Lot 3 , Block 1, Andersen Development Replat, generally located at 7600 Central Avenue 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 July 14 , 2010 . The TDD number is 763-572-3534 . The proposed City Council meeting date for this item will be on August 9, 2010 . *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: July 8, 2010 CI YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432 (763)571-3450 • FAX(763)571-1287 • TTD/T-rY(763)572-3534 July 2, 2010 Voigt's School Bus Service Inc. Attn: Troy or Darwin Voigt 7600 Central Avenue NE Fridley MN 55432 Dear Mr. Voigt: 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 application for a text amendment on June 18, 2010. 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 July 21, 2010 at 7:00 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your text amendment on August 9, 2010 at 7:30 P.M. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. htaS'ncerely it 6mb g Planner cc: Anderson Trucking Service Inc. 725 Opportunity Drive St. Cloud MN 56301 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Memorandum DATE: July 21, 2010 TO: Planning Commission FROM: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner SUBJECT: SAV #10-02 — Easement Vacation Request for Faulkner Construction INTRODUCTION As the Planning Commission will recall, Faulkner Construction Inc., was recently granted a Master Plan Amendment for the properties located at 6352 Central Avenue and 1271 East Moore Lake Drive, to allow the construction of an assisted living and memory care facility. The property is proposed to be done in two phases, with the building on Central Avenue to be constructed first and the building on East Moore Lake Drive to be constructed second. PROPOSED VACATION REQUEST While preparing civil engineering plans for the subject properties, it was determined that there are utilities that will need to be moved on site and associated portions of easements that will need to be vacated to make way for the new buildings proposed. New descriptions of easements will then define exactly what remains on the site for the drainage and utility easements. This discovery led to discussion and collaboration between the petitioner's Civil Engineer and the City Engineer to assure that the buildings could still be built, while allowing enough easement area to remain to serve both the private property and City interests. Attached you will find an easement exhibit that shows which portions of the existing easement need to be vacated. Also attached are the legal descriptions of the portions of the easements to be vacated and the descriptions of the proposed drainage and utility easement. The HRA closed on the sale of its property to Faulkner Development on Tuesday July 6th,,2010. On Monday, July 19, 2010, Faulkner will close on the bank financing for the entire project. It is anticipated that once the land closing happens next week, tree removal and soil corrections will commence immediately. STAFF RECOMMENDATION City Staff recommends approval of SAV #10-02 as proposed in the easement exhibit prepared by Jason F. Rud, E.G. Rud & Sons, Inc., approved by our engineering staff, and dated 7/6/2010. 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W dap e«a7 lav W11et m e South 69 a r«a 5)m41ules 6 se md,Ext n I i,n of e.DO 1«1: y °m e swm 110 day—.2cn_. s m« al a IR:'_o'[6.89 ;then«South 12 3; ee oex I)m41ulx 5 Beane Eva.o d6t.a oW190 NHIL In a souls 89levy�I)m 16 RYA v ec ae oda Eoet a enlmce 11 a)9 Teat;mince Ne n 00 d.y.x.Bc mnuln 2)s b waMao N : oivlmtt.I,>I.8 1«I to lna Polnr PI a+piure,y --------------- ' I PROPOSED DRAINAGE EASEMENT VACATION Inol Pal of Ler J.B:aa I.NCRWK RICE CRCEx TERRACE. An1A1 Lounly,Mmnesolo«sued oe •4hy6-,„ -- TILIIY Com einem'.I rn,n c nn Lul 2.811u.1,u,and HE- WCC CRECK TERRACE:IF senrratr - 1 lu ae a.enc. • ORAINACE AND U N0.1056209 - w. 1.tl Celov11 l� n 99rJ s 2:rnn.ix 59 x Wxl,tle� Hurn . I.ole _F PER�9Ey___ L 2.p tin of 50.01.fel:Ina e2'Swm DO degre«.tl mirw,n, « ds E«t a p8 of t_ r z____--_______-_ 1101)leer IN 1.411.I..g-,.,III D1;Inmce cmLex,q m o pevn9 0l Scum 00 ovyx[46 mFut« r 09 a v F« t. I or es OS feet.I e Sawn 69 degrees 17 m 16.sand.Ev.t a di.Imca al I!55.1«1 Inmce Hato W de 6v«42 mnuI. ea EoAt a dialmcv 11 83.00 SEWER EA o a ' nines Ny1n 69 aeyen 11 m41ulx avcmda Wn,�o eie,mcs 11,5.1.I«1 I. Inv pont of ." OOC N0,6 69, I l'nn Det 2'41'15' I ea.B PROPOSED DRAINAGE AND UTIUITY EASEMENT 1 La58.26 12 9 Tn.tp.r1 o Lela 3 me 4,111-1.NERWAL RICE CREEK TERRACE A-1 C.un1y,Mmne«t.devcrl.e LpndsLa a ,NB9Y7'09"11r « C.mmm<er v1 11 nv low I cvav of LAI 2,111-1, 1«iu IxRAAL IICE CREEK TERRACE,Inmce ed peu.,9 f139 19 tl9 ey«e Sa min a a51 minds ExL.1.9 AIN-1,Ine of fY E d i'1on 23)OJn,e 1 10 the pn:rl�.1 ng ,; 00 ce�5w,tn 89 de 1,..217-.1.E161seconds o`2j �• V E 1 a+ ES5 a Hca o1,506 Net: N 8 d .J mNules.2.acmda EP W,tmca u I 1 1 n lee mina swm s9 ry Ae ID m41we.iTJ'a.[ Puma m zo 3o I«I:m 3785 /. '�`--- --7/,i,�'`----i- -- su,I Do«q,ex.R mnv.[a>ucam[IExI n d;amM.al L.n,ee1 la me pa+n v,B.91m,— N89.17 09"Hi E LA "" AND s Tnatmpyt e,lot T enc 3,BIwA 1.NERWAL RICE CREEK TERRACE,AnKe Ceunly.M41nx.ta exuAed S" f 10o CdornmeA.9 sal lye na KA e,«id of n2;In ce m on Homed Poor a If-BB EA 1 �1 gig e«21 m I N aec to Fwn mmq m Ine o1,6e 101 2.a ai.1 a of s002 xp Inmce Scum(b e.gree .B m r 09 mea East a ammo.I 130.,1 1«I 1.me 1.411 1 / .e9elning:th a Nvin a82 degrv«16 n «20..Ja Wt a .f AIti 8 last;lhmca 11 60 feel:thence A—,9 j-Ice­­d�15 se da Etat Nal.n«If LEGEND -- :o CHH:I� .-OD dA. 48�.nulx Db'eecvid.Ea,10 W,Ian�:W 26..2 Ixl 11 th. V I r9 �J�lO D[NUICS MAINADE AND uRU,•-MEN)TO BE VACA'ED DENOTES PRWOSE°ORAINAOE AND uNUTY CA-11 I hereby-01,1-1 W.I;-,,III- I, II- repw,A..prepared by me dr unser my dlrecl aupery SFIv,pod Thal 1 E.G. RUO & SONS, 'He PROPERTY DESCRIPTION I duly Negie lereM Lanrl f A! a °,. IN,IP.S If fel SIo1e or MiyAN d. Professional Land Surveyors 1,3 and 5,RI1c1 I,NERWAL RICE CREEK TENRACE.AnaKa q 6776 Lake Drive NE,Suite 110 wvw.e¢pd.c m JASON f NUU Lino Lakes,MN 55014 TIN.(651)161-8200 Fox(651)361.8701 D.I.. 7/6/2010 License H. 11578 s.owcAnurprr;,lw[,Knlare,ssmra,msmlo l:x,.w PM IOpB 76 r Community Development Department City of Fridley 6431 University Avenue NE Fridley MN 55432 EY, 763.572.3592 / /• Fax: 763.571.1287 ...- vvvvw.ci.fridlev.mn.us STREET, ALLEY OR EASEMENT VACATION APPLICATION Property Information t I Address: ('114/1 f Anoka County Property Identification Number(PIN#): Legal Description: Current Zoning: Square footage of Parcel: Legal Description of Street, Alley, or Easement to be Vacated: Reason for Vacation (one sentence summary, please attached full description) Fee/Property Owner Information (as it appears on property title) **Fee owner must sign this form prior to processing Name (please print): Mailing address: Daytime Phone: Fax Number: Cell Phone: E-mail address: Signature/Date: Petitioner Information Company Name (please print): kUd LA11 P/ IV41b V1,111 a i'-'-- Contact Person's Name (please print): 1<�4 LVk_ Mailing address: Daytime Phone: Fax Number: Cell Phone: E-mail address: Signature/Date: FOR OFFICE USE ONLY Fees $1,500 Application Number: f8V /D-C61 Receipt #: Received By: Application Date: [9-/?—10 15 Day Application Complete Notification Date: 2n.7410 Scheduled Planning Commission Date: 17--w-1a Scheduled City Council Date: 0-ting—/p 60 Day Date: 8-14:2 60 Day Extension Date: CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE CITY COUNCIL TO: All property owners/residents within 350 feet of property, generally located at 6352 Central Avenue and 1271 East Moore Lake Drive NE. CASE NUMBER: Vacation Request, SAV#10-02 APPLICANT. Jim Faulkner, Faulkner Construction, Inc. Petitioner or representative must attend the City Council meeting and Planning Commission meeting. PURPOSE: To allow the vacation of utility easements for the purpose of relocation of said easements over the parcels located at 6352 Central Avenue and 1271 East Moore Lake Drive. LOCATION OF 6352 Central Avenue and 1271 East Moore Lake Drive NE. PROPERTY AND LEGAL Lot 5, Block 1, Herwal Rice Creek Terrace, subject to easement of DESCRIPTION: record, and Lots 2 & 3, Block 1, Herwal Rice Creek Terrace, subject to easement of record. DATE AND TIME OF City Council Meeting: HEARING: Monday, July 26, 2010, 7:30 p.m. Item will also be heard at the Planning Commission Meeting: Wednesday, July 21, 2010, 7:00 p.m. The City Council and 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 Manager, 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 July 19, 2010 for the City Council meeting and July 14, 2010 for the Planning Commission meeting. The TDD # is 763-572- 3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Publish: July 15, 2010 CITY OFCommunity Development Department 17 FRIDLEY Public Hearing Notice i o 1282 I 314 1 ,I - r v I N 6459 6461 6452 r 6449 6448 m 6449 6441 L 4 6435 6440 6437 6436 0 6435 6490 O i 0 6425 6424 m 6423 6421 6425 6428 10 6413 6412 6411 0 6401 A M 6417 6416 6401 6400 6401 -_ 6393 6390 6391 6388 6389 6400 6391 1356 6379 6378 6379 6378 6373 0 6366 6367 6366 6361 6381 1356 6343 6355 6342 6343 6350 6303 6345 6319 6328 6329 6336 6335 6303 6319 6308 6315 6312 6325 6300 6301 1065 ^ 6301 � .6315 63RD AVE ESOTA 1131 1310 N 1050 0 0 $ (� 6283 IVTm z 6271 13 o A T 1250 > 6245 r 1001 /,_ 6229 vQ" m V) W) 04 N 10 10 - 6190 O� SOURCES Fridley Engineering N Fridley GIS Vacation Request, SAV#10-02 Anoka County GIS Petitioner: Faulkner Construction wE 6352 Central Avenue NE and 1271 East Moore Lake Drive Map Date:July 7, 2010 S 133024310086 133024430004 133024310043 FRIDLEY RA AURORA LOAN SERVICES LLC KELLS ALFRED je6431AVE NE 2617 COLLEGE PARK 3204 BRYANT AVE SFRIDMN 55432-0000 SCOTTSBLUFF,NE 69361-2294 MINNEAPOLIS,MN 55408 133024340010 133024340 ') 133024310042 GRANROOS MANUEL J&PAULA M CITY OF FRIDLEY RUSINAK JAMES J&RHONDA L 1114 63RD AVE NE 6431 U ERSITY AVE NE - 6412 PIERCE ST NE FRIDLEY,MN 55432-0000 FRIDL MN 55432-0000 FRIDLEY,MN 55432-0000 133024340028 133024310030 133024310020 QUALITY GROWTH LTD SPRINGS MICHAEL DJIHIC HAJRUDIN 3002 ELM ST 1954 SERENDIPITY CT 6411 PIERCE ST NE FARGO,ND 58102-0000 NEW BRIGHTON,MN 55112 FRIDLEY,MN 55432-0000 133024420051 133024310081 133024310048 US FEDERAL CREDIT UNION MCNAUGHTON MARVEL JOHNSON RANDOLPH E 6303 OLD CENTRAL AVE NE 6300 PIERCE ST NE 6336 PIERCE ST NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 133024310047 133024420053 133024310026 GWIAZDON MITCHELL L&MARY HOLMGREN ENTERPRISES INC WILLIAMS JON J 6350 PIERCE ST NE 1323 RICE CREEK RD NE 6355 PIERCE ST NE FRIDLEY,MN 55432-0000 MINNEAPOLIS,MN 55432-0000 FRIDLEY,MN 55432-0000 133024340030 133024310049 133024310046 INTERNATIONAL MINISTERIAL FLSP BUIRGE THOMAS R&LINDA J GARMAN KATHLEEN R 1250 E MOORE LK DR NE 6312 PIERCE ST NE 6366 PIERCE ST NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 133024430006 133024310029 133024420050 SPOONER CALEB J XIONG TOUA FLEMING JUSTIN 6271 CENTRAL AVE NE 6325 PIERCE ST NE 1356 64TH AVE NE FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 133024340008 133024310034 133024420048 INTERNATIONAL MINISTERIAL FLSP STEFFENS SHERI RAMSEY SHARYN R 1109 E MOORE LAKE DR 909 UNION PL 1340 64TH AVE NE FRIDLEY,MN 55432-0000 HERCULANEUM,MO 63048 FRIDLEY,MN 55432-0000 133024340009 133024420052 133024310025 RDSXI,LLC US FEDERAL CREDIT UNION NELSON CATHLEEN 7901 ASTER DR 6303 OLD CENTRAL AVE NE PO BOX 18434 BROOKLYN PARK,MN 55428 FRIDLEY,MN 55432-0000 MPLS,MN 55418 133024430005 133024310028 133024420049 MOORE KRISTA SHIMANSKI ROBERT D&MARY LOU FRIDLEY ITY OF 6283 CENTRAL AVE NE 8025 GARFIELD ST NE 6431 UNI ERSITY AVE NE FRIDLEY,MN 55432-0000 SPRING LAKE PARK,MN 55432-0000 FRIDLEYI MN 55432-0000 133024310045 133024420023 WAGNER DENNY MATTISON MARK JON 6378 PIERCE ST NE 6092 OLSON MEMORIAL HWY FRIDLEY,MN 55432-0000 GOLDEN VALLEY,MN 55422 133024310044 133024310079 JOHNSON DOUGLAS E LAKELAND CONSTRUCTION FINANCE LLC 2726 ZUMBROTA CIR NE 13963 WEST PRESERVE BLVD BLAINE,MN 55449-0000 BURNSVILLE,MN 55337-7733 133024310024 133024310027 BURKHOW JON R&ALLISON R KARJALAHTI CONNIE 7800 TYLER ST NE 1272 BUCHER AVE SPRING LAKE PARK,MN 55432-0000 SHOREVIEW,MN 55126 133024420047 13302431 35 FLEMING JUSTIN HRA CITY OF FRIDLEY 1356 64TH AVE NE 6431 U ERSITY AVE NE FRIDLEY,MN 55432-0000 FRIDL ,MN 55432-0000 133024420046 PIATZ PATRICK 6391 CENTRAL AVE NE FRIDLEY,MN 55432-0000 133024310023 MAHOWALD KELI R&PAIGE TROY A 6389 PIERCE ST NE FRIDLEY,MN 55432-0000 133024310031 LJT PROPERTIES LLC 6400 CENTRAL AVE NE FRIDLEY,MN 55432-0000 133024310022 PETERSON THOMAS R 6401 PIERCE ST NE FRIDLEY,MN 55432-0000 133024420026 PFAFF ELIZABETH PO BOX 17370 LOT 133 ST PAUL,MN 55117 133024420024 CALDERON BOB 6401 CENTRAL AVE NE FRIDLEY,MN 55432-0000 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on July 26, 2010, at 7 :30 p.m. for the purpose of : Consideration of a Vacation, SAV #10-02, by Faulkner Construction, to allow the vacation of utility easements for the purpose of relocation of said easements over parcels, legally described as Lots 2 and 3 , Block 1, Herwal Rice Creek Terrace and Lot 5, Block 1, Herwal Rice Creek Terrace, generally located at 6352 Central Avenue and 1271 East Moore Lake Drive. 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 interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than July 19, 2010 . The TDD number is 763-572-3534 . SCOTT LUND MAYOR CITY COUNCIL Publish: July 15, 2010 I �l Cop HERWAL RICE CREEK TERRACE ... w�n....�... �...,_.........�m•'�. r......r.....a r.�.._u..r.. Ciry EIE ECIMEY Ae -Oa1nry �,.a«..f.w...'.,�,..•`...�.��...... 9q h fim of W 5.ebac 1.D.Atltl@on I »o-.� :`�::::.�w,'••»•• ••••... Al TH Al- 3 : •� I .....i �,..�.�:�/fir. ZgsR I Scale Im;50r .. I '190.99 � O�_ +r...�..•u.w 3 i I o n so no iso GRAPHIC SCALE �` ' �.we,urr'nfnne.�w;.Y•a,.�r;.x..au� .. ....-..�e.Pi�/1.....- ., s` Bearings shown are asxamea Denotes iron monument nmrketl ^ [1. Numesob egsh-alo)No 3793 ,M �z�RS V 1 8 �} I swle,�m `•n' ,.w ....r..... ~;"� .,.r.,....w w / ;UBURBAN ONGINRING INC.❑ 1 _bP w.m, El, X09 —$UfWy0f6— .. 911— e•.�yac:W' isM-RE LAC- DgIWc r'iL .x �f ib S - %T� ✓....e..0 / MEIEJRC xw.p LAKE I)P,"el; s cv^fL^ (�L.,e,.P t' _.. • . {r..�.f. \.. i '�_ aN.,r9^ir.'ft Y'M f✓e q"1rc.9,lrvFM,itV 1. !_�O�/L•J /I 1.- d.ao.-