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ZOA99-04
CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATIFOR: Residential Second Accessory rz.Otheili PROPERTY INFORMATION: - site plan required for submittal, see attached Address: 533 3 RUQ . --Property Identification Number: 13 3o 2 Y 31� oo 3 7 oc'�s sQ Y 3 Legal Description: Lots � Blocker Tract/Addition add. 4Mec�nan:CstJ:Ilt, Current Zoning: C a G Square footage/acreage: sl.J Reason for Special Use: o 2 fl o� Have youf�perated a business in a city which required a business license? Yes (/ No If Yes, which city? Cd t- K 4s' . If Yes, what type of business? o D a: << - Was that license ever denied or revoked? JYes No FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: &r: G^ 'i- a CA C\ ADDRESS: oho C t-. DAYTIME PHONE: 61.) - SIGNATURE/DATE: -.4 q r nr.r..r r.r....r�...�.r.+.......�r....n....�.....w...r..w.w.�......►.r�..r�.�..r..r..r r...�r�r�....�.�....r.....r...n.......r�r...r..r�... PETITIONER INFORMATION NAME: a ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: Section of City Code: o S . . o S z QrP...+-E- V se S' Q<<ol vse FEES Fee: $100.00 Residential Second Accessory $400.00 Others Application Number:_wA y0Receipt#: 4F16 Received By: Scheduled Planning Commission Date: Scheduled City Council Date: Ski: 13., q9 10 Day Application Complete Notification Date: ��1-1</'q, 60 Day Date: .Se-Ot-• a`�7,. 9� City of Community Development Department Fridley Land Use Permit Notification r, i 1 Y NESE !MN` MM f t psh r;<k i c L C d y !MK lM,E lMIE lMrc n I � sof i I I 6 bRRIF ` l t t I Pi r w 6 3 uan»n 7 Q t w MOMF R-1-One Family Units M-1-Light Industrial So roes: R-2-Two Family Units ®Iv4-2-Heavy Industrial N Fridley Planning R-3-General Multiple Units M M-3- Outdoor Intensive Heavy Industrial A Fridley GIS R-4-Mobile Hmoe Parks =p-pudic FadliGes SP #99-09& Anoka County GIS WPUD-Planned Unit Development S-1-Hyde Park Neighbortwds ROW Ra.iroads Land Use Permit Application, ZOA 4 99-04 '�'C0unty Assessing S-2-Redevelopment Astrid RR FP w --G1-Local Business IIV Parcel/Lot Lines 5333 University Avenue —I =j G2-General Business water Features Brian Bona M G3-General Shopping GR1-General Office CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: Rezoning Zoning Text Amendment PROPERTY INFORMATION: - site plan required for submittal, see attached Address: a S ,a�+ a d , a is 3Z Property Identification Number: P23 3n 2-#- 34 0 n 37 015L49S 9*3 Legal Description: Lot�_ Block 13 Tract/Addition �Yn; J+e r`s AdA+oh 4n MEC-1nani Gsv - l� Current Zoning: R 3 Square footage/acreage: see s LLrn e�( Requested Zoning: 0,2 Reason for Rezoning: -I-e allow tornrrnercta.1 use of 4e- s i k -or cZ r- pc r Or; Section of Zoning Code to be Changed: (Attach requested language) Reason for Change: Have you operated a business in a city which required a business license? Yes ✓ No If Yes, which city? Fr;cklt� a Cil- tAs . If Yes, what type of business? Auko 'RepcLt r Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) r NAME: la-r JDse& Q a the - B000,- ADDRESS: DOD as i n NE- Col- s. 5.5 DAYTIME PHONE: & 9b SIGNATURE/DA PETITIONER INFORMATION NAME: Sa m e- ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: FEES Fee: $500.00 y/ Rezoning $300.00 Zoning Text Amenchent Application Number: ol Receipt #: Received By: Scheduled Planning Commission Date: �jeeT. t�I gg q Scheduled City Council Date: C�7--. t t. 19-t9 10 Day Application Complete Notification Date: �uQ 1Si- q9 60 Day Date: , City staff has developed separate recommendations for the two requests. Staff recommends approval of the rezoning request ZOA #99-04, with stipulations 1. Pending approval of special use permit SP #99-09. 2. The petitioner shall modify the site plan to eliminate all variances for the proposed facility. Staff recommends approval of the special use permit request with the following stipulations 1. The Special Use Permit for an automobile service station is only for uses noted in the definition. 2. The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of merchandise. 3. The property shall not be used as a place of storage or depository of wrecked, abandoned or junked motor vehicles or the display of used motor vehicles or the sale or display of used motor vehicles. 4. All required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles on the station property from beaming onto adjacent residential property. 5. A landscape plan will be required to be submitted and approved by staff prior to issuance of a building permit. 6. The petitioner's shall proposal shall not include, nor shall the petitioner, his successors ,or heirs all prohibited activities on this site (i.e. Heavy duty repair garages) 7. Vehicular parking shall be limited to the owner's and employee's vehicles and a maximum of (3) service vehicles. Automobiles being serviced may be parked for a maximum period of 48 hours at any one time. 8. The site plan for this proposal shall be submitted and approved prior to issuance of a building permit. 9. A site lighting plan shall be submitted and approved prior to issuance of a building permit. City of Fridley 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 Wednesday, September 15, 1999, at 7:30 p.m.for the purpose of: Consideration of a Rezoning, ZOA #99- 04, by Brian and Jacqueline Bona, to rezone the current R-3, General Multiple Unit district to C-2, General Business dis- trict to allow commercial use of the site for a proposed auto repair facility, legally described as Lot 24-30, Block 13, Hamiltonis Addition to Mechanicsville, generally located at 5333 University Avenue. 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 Scott Hickok, Planning Coordinator at 612-572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxil- iary aids should contact Roberta Collins at 612-572-3500 no later than September 8, 1999, DIANE SAVAGE CHAIR PLANNING COMMISSION (September 2, 91 1999) Fridley, Columbia Heights,Hilltop Focus News 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 Wednesday, September 15, 1999, at 7 :30 p.m. for the purpose of: Consideration of a Rezoning, ZOA #99-04, by Brian and Jacqueline Bona, to rezone the current R-3, General Multiple Unit district to C-2, General Business district to allow commercial use of the site for a proposed auto repair facility, legally described as Lot 24-30, Block 13, Hamilton' s Addition to Mechanicsville, generally located at 5333 University Avenue. 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 Scott Hickok, Planning Coordinator at 612-572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 612-572-3500 no later than September 8, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 2, 1999 September 9, 1999 A CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5333 University Avenue. CASE NUMBER: SP #99-09 APPLICANT: Brian J. Bona Petitioner or representative must attend the Planning Commission meeting. PURPOSE: For a proposed auto repair garage in the current C-2, General Business zoning district. LOCATION OF PROPERTYAND 5333 University Avenue LEGAL DESCRIPTION: Lots 20, 21, 22, Block 13, Hamiltons Addition to Mechanicsville DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, September 151999, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 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 Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 612-571-1287. 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 612-572-3500 no later than August 25, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 612-572-3599 or Paul Bolin, Planning Assistant at 612-572-3593. Publish: August 19, 1999 August 26, 1999 i CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5333 University Avenue. CASE NUMBER: ZOA #99-04 APPLICANT. Brian and Jacqueline Bona Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To rezone the current R-3, General Multiple Unit district to C-2, General Business district to allow commercial use of the site for a proposed auto repair facility. LOCATION OF 5333 University Avenue PROPERTY AND LEGAL Lot 24-30, Block 13, Hamilton's Addition to Mechanicsville DESCRIPTION: DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, September 15, 1999, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 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 Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 612-571-1287. 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 612-572-3500 no later than September 8, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 612-572-3599 or Paul Bolin, Planning Assistant at 612-572-3593. Publish: September 2, 1999 September 9, 1999 PERKOVICH RICHARD L SCHWARTZ DUANE LEO & M Y CURRENT RESIDENT 1718 7TH ST E 2525 118TH AVE NW 305 53RD AVE NE ST PAUL, MN 55106 COON RAPIDS, MN 55433 FRIDLEY, MN 55421 SWAN GERALD J &TERRI L BIGOS BEN BEREK& HELENA BONA BRIAN J &JACQUELINE K 3109 W 135TH CIR 3201 ORCHID AVE N 4000 WASHINGTON ST NE BURNSVILLE, MN 55337 GOLDEN VALLEY, MN 55422 COLUMBIA HEIGHTS, MN 55421 BIGOS BEREK & HELENA ZAPPA JEFFREY M AMUNDSON ALLYN N & ISABELLE 5291 3RD ST NE 5300 4TH ST NE 5301 4TH ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55421 DONLEY CHRIS T & PAMELA J MOUNTAIN MARCUS D ETAL* STEVENS JAMES B &JOANNE C 5305 4TH ST NE 5310 4TH ST NE 5310 5TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 OTTEN MERLE J & MARGARET J CURRENT RESIDENT PISANSKY JOSEPH A& MARGARET L 5311 4TH ST NE 5311 UNIVERSITY AVE NE 5313 ALTURA RD NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 BREITKREUTZ PATRICK W& S R CURRENT RESIDENT NELSON LARRY A& RITA ANN 5315 4TH ST NE 5320 4TH ST NE 5323 4TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 GEISER HAROLD F & MARLES M LEDO HERBERT A& ROSE M MELTON HOMER L & ESTELLA L 5325 ALTURA RD NE 5326 4TH ST NE 5330 4TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 RODGERS FRANCES V CURRENT RESIDENT ZANDLO THOMAS H & MEYER LUCY 5330 5TH ST NE 5333 UNIVERSITY AVE NE 5334 4TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 CURRENT SIDENT`1 SODERHOLM S W& L M TRUSTEES CURRENT RESIDENT 5334 5TH NE �� 5336 5TH ST NE 5337 ALTURA RD NE FRIDLEY MN 0 FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRAULY WILLIAM J & KAREN J CURRENT RESIDENT COMMERS ROBERT W 5339 4TH ST NE 5347 4TH ST NE 5347 ALTURA RD NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 LINDBERG CURTIS M & MARILYN LISCHALK STEPHEN T& DOREEN MOTTER RICHARD J &AMY C 5353 4TH ST NE 5357 4TH ST NE 5357 ALTURA RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55421 FRIDLEY, MN 55421 CORBETT PAUL ANTHONY & E W RODGERS KEITH L ZIMMERMAN JOYCE L 5367 ALTURA RD NE 5370 4TH ST NE 5380 4TH ST NE FRIDLEY, MN 55421 FRIDLEY, MN 55421 FRIDLEY, MN 55421 COMMERS THOMAS J & DEENA M CURXTRIDENT KIZZEE RO L & BARBARA ,337 ALTURA RD NE Bad Bad AddressFRIDLEY, MN 55432 FRID4946 JACK N E COL HGT , MN 5 1 KIZZEE R A E & BARBARA KIZZEE RONALD E & BARBARA AMOCO OIL COMPANY Bad Addres PROP TAX DEPT MC 2408 4946 JAN NE 4946 JACKSON NE 200 E RANDOLPH DR COL H S, N 55421 COL HGTS, MN 55421 CHICAGO, IL 60601 JOE HOLLMAN CITY OF COLUMBIA HEIGHTS 590 40TH AVE NE COLUMBIA HEIGHTS MN 55421 ® l � i vow pt ,P 41,tO4107� r tp.;, l/2Z ice .4--1,:-- , 1 • .40 m4q OA u5z. vUJN-*X, re,6, Ab VI °1 s W)4A. 7'$4V412-1AA:),ner5 Vr&,(qjCt,t nV V � QCr - � .� 1 i► Not j C t aA,) r- r z r Q c � City of Fridley Land Use Application SP #99-09 & ZOA #99-04 September 15, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Alterations made in 1975. Brian Bona Site demolished in 1996. 4000 Washington Street Legal Description of Property: Columbia Heights, MN 55421 Lots 20-23 & a portion of lots 24-30, Requested Action: Hamiltons Addition to Mechanicsville. SP #99-09 to allow an auto repair garage Council Action: in the C-2 zoning district. October 11, 1999 ZOA#99-04 to rezone lots 24-30 of Public Utilities: Hamiltons Addition to Mechanicsville Located near the site. from R-3 to C-2. Transportation: Existing Zoning: Property is accessed via University C-2 &R-3 Avenue Service Road. Location: Physical Characteristics: 5333 University Avenue Vacant - gravel, dirt, weeds. Size: SUMMARY OF PROJECT 44,265 sq. ft. 1.02 acres Property owner is seeking a special use permit Existing Land Use: to construct an automobile repair garage, with Vacant space for a"quick lube"type oil changing Surrounding Land Use & Zoning: service. Petitioner is also seeking to rezone a N: Vacant & R-3 portion of the property from R-3 to C-2 to make E: Homes & R-3 the entire property commercial. S: Gas station & C-2 SUMMARY OF ANALYSIS W: University Ave. &R-2 City Staff recommends approval of the special Comprehensive Plan Conformance: use permit request, with stipulations. Inconsistent with existing Plan. (If all Repair garages are a permitted special use in the land use applications are approved, land C-2 zoning district, as are automobile service use plan will be changed during current stations and oil dispensing services. The special planning process) use permit, if granted, should be for these Zoning Ordinance Conformance: purposes only, not for motor vehicle fuel sales. Sec. 205.14.0l.C.(4) requires a special use City Staff recommends approval of the rezoning permit for repair garages. request, with stipulations. Sec. 205.14.01.C.(5) requires a special use If the rezoning were to be denied, the petitioner permit for service stations and oil dispensing would need to seek a special use permit to allow services. the majority of his parking lot to be located in Property History: the R-3 zoning district and to seek a variance to Lot originally platted in 1886. allow the building to be 3' from a residential Service station built in 1955. district vs. the code required 50'. Garage built in 1956. Staff Report by: Scott Hickok&Paul Bolin Filling station office built in 1959. ten_ SP #99-09 & ZOA #99-04 PROJECT Mr. Brian Bona is seeking a special use permit and a rezoning of property to allow a repair garage at 5333 University Avenue. The proposed garage is 4,900 sq. feet in size and will contain an office, customer waiting area, 5 service bays, and 2 oil changing bays. The petitioner intends to offer general auto repair and maintenance, such as: tune-ups, oil changes, electrical, heating, air conditioning, steering, brakes, suspension, and drive train work. In addition to the special use permit and rezoning being sought, the petitioner must also receive a variance to reduce the required building setback from a neighboring residential district from 50' to 30'. At the Appeals Commission Meeting, regarding the variances, the Commission and the petitioner came to an agreement that eliminated 5 of the 6 variances originally being sought by the petitioner. Four of the variances that were eliminated involved number, location, and size of parking stalls. All of these variances can be eliminated by rearranging the parking on-site. A fifth variance, which was eliminated by denial due to it's dependence on approval of ZOA#99-04, involved the building be located 3' from a neighboring residential district to the north rather than the code required 50' separation. The variance request, which was approved by the Appeals Commission on a 3-2 vote, was to reduce the required setback from the residential area to the east from 50' to 30'. Staff had no recommendation on this request, as it was within previously granted dimensions. However, staff had identified a way to relocate the building to the front yard setback line that would have eliminated this variance as well. While the variance has been recommended for approval by the Appeals Commission, through the Special Use Permit Process, relocating the building (and eliminating this variance) will become necessary to meet the criteria required for the granting of a special use permit. REZONING Mr. Bona has requested a rezoning of the property of Lots 24-30, Hamilton's Addition to Mechanicsville from R-3, General Multiple Units, to C-2, General Business. Three criteria are used to determine the "fit" of the rezoning request into its surrounding area. The following is a summary is meant to summarize staff's answers to the "fit" question relative to the three criteria. Compatibility of the proposed district with adjacent uses and zoning The zoning to the north and east is R-3, General Multiple Unit Residential. To the South is C-2, General Business and West is University Avenue and R-3, General Multiple Unit Residential. The rezoning request is compatible with the land to the south. The rezoning would generally extend the C-2, commercial activities north along the t University Avenue Corridor. It should be noted, however, that the City has experienced a diminishing trend of commercial activities locating themselves along the corridor. Properties north of Highway 694 have transitioned from commercial to residential (i.e. Custom Mechanical, Frank's Used Cars, JR's Auto, etc.) Commercial activity is still very strong near the major intersections and near the Municipal plaza, however, lack of direct access to University has somewhat changed the dynamic and eventual development patterns along the corridor. This is not to say that the request is incompatible with the proposed district designation, however, it appears to be somewhat contrary to market driven development trends the community has observed. Compatibility of the proposed use with the proposed district The proposed auto repair use is permitted by special use. A stipulation requiring approval of the special use permit request will be required to assure the rezoning request meets this criteria Compliance of the proposed use with the proposed district requirements In the C-2 district, a minimum lot size of 20,000 s.f. is required. This site is 44,265 s.f. The property is currently vacant. The future use would need to fully comply with the C- 2, General Business District. With a staff recommended revision to the site plan all variances are eliminated and the proposed use is then compatible with the proposed district. The petitioner has requested a variance to move the building 20' closer the residential neighborhood to the east. The Appeals Commission recommended approval of the variance, however, this element is viewed by staff as an incompatibility of the proposed use with the proposed district. Therefore, the proposal fails this rezoning criteria unless the site plan is modified to have all building setbacks meet those in the C-2 district. The City of Fridley has worked very hard and spent a great deal of time and money to respond to citizen and business concerns regarding the City's image along its corridors. The proposal shows 7 overhead garage doors facing University Avenue. This is contrary to the storefront, "best foot forward image" the City has worked to encourage elsewhere. Staffs recommended site plan not only eliminates the variances required it also reverses the building and places the doors on the east side of the for thisproject, P g building so that the University Avenue building face can be finished in an attractive storefront manner. A stipulation requiring compliance with all performance standards will be required in order that this request then meets this rezoning criteria. SPECIAL USE PERMIT The purpose of a special use permit is to provide the City with a reasonable degree of discretion in determining the suitability of certain uses upon the general welfare, public health and safety of the area in which it is located. In determining if a use is suitable for it's proposed location, the City may consider the nature of neighboring buildings and land, effects upon traffic, noise created by use, and other impacts to surrounding properties. The special use permit gives the City the ability to place stipulations on the proposed use to eliminate negative impacts to surrounding properties. The City also has the right to deny the special use permit request if impacts to surrounding properties cannot be eliminated through stipulations. With SP#99-09, the petitioner is seeking the special use permit to construct an automobile repair garage and a "quick-lube" type oil changing service. Repair garages, automobile service stations, and oil dispensing services are permitted special uses in the C-2 zoning district. These types of uses can have negative impacts to neighboring properties. The possible negative impacts from this proposal relate to noise and an excessive number of overhead doors facing a public right of way. Code Section 205.14.01.0 (5), States Automobile service stations.....and oil dispensing services must meet a series of minimum standards in order to insure protection of the public health, safety and general welfare. Because of traffic hazards, noise, light glare at night, outdoor storage of merchandise, indiscriminate advertising and other characteristics of this type of business which are potentially detrimental to the community, these minimum standards shall be considered, along with any other recommendations the City may determine necessary to eliminate the particular problems in achieving compatibility with abutting and adjacent land uses. (a) The Special Use Permit for an automobile service station is only for uses noted in the definition. (b) The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of merchandise... (c) The property shall not be used as a place of storage or depository of wrecked, abandoned or junked motor vehicles or the display of used motor vehicles or the sale or display of used motor vehicles. (d) Any required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles on the station property from beaming onto adjacent residential property. (e) Activities prohibited: 1. Heavy duty repair garages. 2. Vehicular parking except for the owner's and employee's vehicles and a maximum of (3) service vehicles. Automobiles being serviced may be parked for a maximum period of 48 hours at any one time. The starting of cars, pneumatic tools, and hydraulic lifts used in these types of operations do create noise. RECOMMENDATIONS - -------- - ` tj I` f a ; n,3 30 ppm W wi f d � t�i ` R;I W 2QU x cn cnJill- I ! _ ..._..... 9 ... s � � ! _._.. E . .4 , 00,11 3 EE f f • t _ _ � b a i! W i N .. fR ; 3� Yl'Y t$3Y 3 ............._�t a C68 Bea ......... : i t- :, j _ __ f a t 'TN '3Av H1#+g �, f " •g17 tf '1:R,' tj, '.; ! :i`�' iE.' ' ,1 '�,4_�.' t fRl p tiJdt� `►'�r.i� _k'.�. s.i �' ►�'. �_ �' �' F' ') ' n r. t4 j Y f e• _ . :F4 r,• 1 't L-! � — i r k - .. ft4 � r RECOMMENDED --p arras 'qlwav w '�Nf'g.LNv.L-lnsNoo NouDrrtasNo---) ,tea-song ado 9:301^�!i213 EAUC�40111,v GNSHI 9 V'NOG 411. It 'n ol y/vxm LLI :6! L: W:z IL 11,> tf CT7 wo) .4y 40 14 ox .q -..__. 7 1-4 svco-cs to+r xvi i!",m VIOi'P"w'G 1(!iY'S\WM pwp u�•4 li rurov'9nv Hv.ta 'O41'Slcc.+ I �:�.�L3'i� � .- n . �•.oa s?�in�3s �n;lowolnv sz 3iaHioNG vNo9 t-171'1f1SN0�tv0117".z11SND� � ILI4- ui lu LU / t :�'-'' f ci ill �'•: i Q � I F iJ t �� ri r i. LU LLI l y 4I �I • til �• 4 T Q i i�•�y — l .•-w LV Ib b „� 1 a•.; � 7✓ ~ ti�� 6 i _ I .. I W I w a I i 1 ti�`7.�`�r � �N � _ 1 ��- ,..�+.�' `w�.=,.�,g,'��r.74Q,i.—"'_.��,.�3 �-'_... e3a_e-` 16r•--^-- — - �--a.M-..'+^ ra_r– t~ ate; �:" ,,��' i, { I i ; � ► to z I4306I/.2: I I s -5 I tt� o a 3 al lilt �8� �.'� 5 .c-�i���Aa�Yg p k�� �s �' a �'�a�'•�q�„��� � ���a 9'yD 3 d p ti 4. r;` eR k 2 ^Mj$ . 1. i = . e . i;I S �+ad, man phil9mlop §p BONA BROTHERS AUTOMOTIVE SERVICES i43, ;�50UT44CONSULTANTS,MC. '� -�. SlOT�NIVER9Ar A-.ENE. nM¢.YOI ro,m».!6 (62)54-0 n ROx (6215]-me. �..d_ w�wE.ar;x;e.ni>eiescra r_lrr's A'Y.e UiAYAM 006i p POW E-S301ANas aAiiowo.Lnv sNaH.LoNg VNOG slit IL JA ten L-4- LL, rT- CL CO Ly- E N N Ms. Savage asked Mr. Bydlon if any of the neighbors voiced any cc erns regarding this project. Mr. Bydlon stated that he has not heard anything from his nei bors. Mr. Kondrick asked Mr. Bydlon if he had any problems w' the stipulations recommended by City staff. Mr. Bydlon stated that he did not have any proble with.the stipulations by staff. Mr. Oquist asked Mr. Bydlon if the vertical wall of the accessory building would be screened. Mr. Bydlon stated that the plan was to sc en and lattice the walls and keep it as open as they can because it would be conve lent for family get-togethers. MOTION by Mr. Oquist, seconded b Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VO ING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND HE PUBLIC HEARING WAS CLOSED AT 7:46 P.M. Mr. Oquist, Mr. Kondrick, a Ms. Savage stated that they were in favor of approving the special use permit. MOTION by Mr. Oquis , seconded by Mr. Kondrick to recommend approval of Special Use Permit, SP #99- , by George Bydlon, to allow a second accessory structure in excess of 240 squa feet, with the following stipulations: 1. All neces ry permits shall be obtained from the City prior to construction. 2. This spe ial use permit shall become null and void if VAR #99-25 is not approv d. 3. The a cessory building shall be architecturally compatible with the existing home and arage. UPON OICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE 7TION CARRIED UNANIMOUSLY. Ms.-Savage stated the City Council would consider this request on October 11, 1999. 2. PUBLIC HEARING: CONSIDERATION OF A REZONING: ZOA#99-04. BY BRIAN AND JACQUELINE BONA TO REZONE THE CURRENT R-3, GENERAL MULTIPLE UNIT ZONING DISTRICT, TO A C-2, GENERAL BUSINESS DISTRICT TO ALLOW COMMERCIAL USE OF THE SITE FOR A PROPOSED AUTO REPAIR FACILITY GENERALLY LOCATED AT 5333 UNIVERSITY AVE: a and 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP#99- 09 BY BRIAN BONA FOR A PROPOSED AUTO REPAIR GARAGE IN THE CURRENT C-2 GENERAL BSINESS ZONING DISTRICT, GENERALLY LOCATED AT 5333 UNIVERSITY AVE: Ms. Savage stated that these public hearings would be combined in one public hearing. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARNG OPENED AT 7:58 P.M. Mr. Hickok stated that this was a rezoning and special use request by Brian and Jacqueline Bona for the property at 5333 University Avenue. They are seeking to rezone a portion of this property from R-3, Multi-family Residential, to C-2, General Business. Mr. Bona had also requested a total of six variances in order to construct an automobile service station. That request has now been reduced to one variance. Currently there is a facility at the corner of 53rd and University Avenue owned by Mr. Bona which is a motor fuel sales operation, which exists under its own special use permit. To the east is multi-family residential, to the north is the property being considered for rezoning. There is an alley that exists on the site to the north of the existing proposed area. Mr. Hickok stated the petitioner has requested a rezoning of the property described as lots 24 - 30 of Hamilton's addition to Mechanicsville from R-3 to C-2. Repair garages are permitted by special use in the C-2 General Commercial District. The proposed facility size inevitably will cause parking to encroach on this R-3 property. The building itself will be on the existing C-2 and parking will stretch across onto R-3 property causing the need for rezoning. The R-3 district would otherwise allow a multi-tenant residential development. The land size is 25,596 square feet roughly. Based on this land area, as many as fourteen residential dwelling units could exist on this site and would remain R-3. Undeveloped multi-family land is very scarce in the City of Fridley. Mr. Hickok stated rezoning requests are reviewed by staff and then matched against standards of the code to make certain the rezoning recommendation coincides with the missions and wishes of the City as described by code. A proposal must match the criteria in all three instances. If not, the rezoning fails to receive a positive recommendation from Staff. Compliance with the district's standards is required. In this case, a 20-foot variance or setback from the residential area is required, and was requested of the Appeals Commission. The rezoning request is being made with one of those three criteria being that the proposal complies with the district requirements, and in this case it would comply if the variance were granted. Staff recommends approval of the rezoning request ZOA #99-04, with the following stipulations: 1. Pending approval of special use permit SP #99-09. 2. The petitioner shall modify the site plan to eliminate all variances for the proposed facility. Mr. Hickok stated that in spite of the fact that the Appeals Commission has reviewed this and has recommended approval of the 20 foot variance [per Section 205.14.03.C.(4), to reduce the setback from the adjacent.residential district on the east side from 50 feet to 30 feet], it is Staffs recommendation that they modify the site plan so that as it is compared against that rezoning criteria, it now meets without meeting a variance. Mr. Hickok stated that auto repair is listed as a use provided the special use permit is obtained. Special use permits are a discretionary give on the part of the City. Compatibility of adjacent uses is key to the approval of the special use permit. In determining the suitability of use, the City must consider the nature of the neighboring buildings and land, effects on traffic, noise created by the use, and other impacts to surrounding properties. Denial is appropriate if impacts to surrounding properties cannot be mitigated with stipulations. The code is specific about the minimum criteria required for special use permit for a facility such as this. In addition to minimum criteria, staff recommends the following stipulations: 1. The Special Use Permit for an automobile service station is only for uses noted in the definition. 2. The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of merchandise. 3. The property shall not be used as a place of storage or depository of wrecked, abandoned or junked motor vehicles or the display of used motor vehicles or the sale or display of used motor vehicles or the sale or display of used motor vehicles. 4. All required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles on the station property from beaming onto adjacent residential property. 5. A landscaping plan will be required to be submitted and approved by Staff prior to issuance of a building permit. 6. The petitioner's proposal shall not include, nor shall the petitioner, his successors or heirs all prohibited activities on this site (i.e. Heavy duty repair garages) 7. Vehicular parking shall be limited to the owner's and employee's vehicles and a maximum of three service vehicles. Automobiles being serviced may be parked for a maximum period of 48 hours at any one time. 8. The site plan for this proposal shall be submitted and approved prior to issuance of a building permit. 9. A site lighting plan shall be submitted and approved prior to issuance of a building permit. Mr. Hickok stated staffs recommendation is to eliminate the variance; thereby eliminating stipulations placed on this variance by the Appeals Commission. Four of those six stipulations staff feels are still essential to this project. Staff recommends approval of the rezoning as recommended by staff with the revised site plan and include the four stipulations that would be eliminated by not having a variance go forward. Mr. Hickok stated that the first of the original requested variances read as follows: 1. Per Section 205.14.03.C.(4), to reduce the setback from the adjacent residential district on the east side from 50 feet to 30 feet. 2. Per Section 205.14.03.C.(4), to reduce the setback from the adjacent residential district on the north side from 50 feet to 3 feet.(That would only be if the Planning Commission did not approve the rezoning.) 3. Per Section 205.14.05.D.(5).(a), to reduce the required parking setback from any street ROW from 20 feet to 18'feet.(It has been determined that the parking could be designed and meet those setbacks without needing a variance) 4. Per Section 205.14.05.D.(5).©, to reduce the parking setback from an alley from 15 feet to 13 feet. (With some modifications to the site plan they could accomplish that 15 foot setback without a variance) 5. Per Section 205.03.55, to reduce the required parking space width from 10 feet to 9 feet. (Site modification could correct this as well) 6. Per Section 205.14.05.C.(1), to reduce the required number of parking stalls from 32 to 25. (This variance can be eliminated by reconfiguring the parking on-site.) Code Requirements are as follows: Section 205.14.03.C.(4) requires a minimum setback of 50 feet from residential districts. Section 205.14.05.D.(5).(a) requires parking be setback 20 feet from the right-of-way. Section 205.14.05.D.(5).© requires parking be setback 15 feet from an alleyway. Section 205.03.55 requires parking stalls be 10 feet wide. Section 205.14.06.C.(1) requires this site to provide a minimum of 32 parking stalls. Summary of hardship as stated by the petitioner: "In order to screen the neighbors from being adjacent to a parking lot and subjecting them to lights, noise and the related service station parking lot problems, the building was moved East," Mr. Hickok stated that the petitioner desires to align the proposed building with the existing building on the corner of the Amoco site. It opens up the viewshed to southbound traffic and the motor fuel facility at the corner. If this site was not owned by this petitioner, any other user of this site could come and build to the 35-foot setback and quite likely would want to do that for visibility. Mr. Hickok stated that he would be more inclined to go along with opening up the view shed to the corner motor fuel operation, except that there is a very important part of that motor fuel operation that causes that particular building to be pushed back as it is. That is the sale of that product in the front yard that causes the building to be pushed back. That is a very important piece to that facility. The questions being asked now is that can they align the next building with that and are they paying again for that opportunity to sell motor fuel in the front yard by moving the next building back. By moving the building forward there would be green space in front of the building, not vehicles, and there could be a storefront appearance. Mr. Hickok stated staff is now asking the petitioner to re-establish the alley adjoining the property so people can get north and south on it. The City's requirement is that it would be hard surface improvement done in asphalt. Mr. Sielaff asked if there is a driveway into the garages. Mr. Hickok stated, yes. Mr. Hickok stated that staff is recommending, for snowplow purposes, that the City would maintain it and would need a place to take that snow. Staff is recommending that they grant an easement to allow a connection to the cul-de-sac so the loop can be made. Mr. Hickok stated that staff encouraged the petitioner's architect to explore the possibility of changing the building layout to utilize an internal drive to service bays reducing the impact of the overhead doors facing University Avenue. In further analysis, they have determined that this is not preferred by them and the City is not certain that the depth is there to allow that without some other types of variances. Staff recommended that any or all of the variance requests be granted with the stipulations included. Stipulations one, two, three and six are recommended to be attached to approval of the rezoning or special use permit this evening. Ms. Savage asked Mr. Hickok if there has been any reaction from the neighbors. Mr. Hickok stated that one neighbor has had concerns about the trees. Another neighbor called the City for clarification about what is being done. That neighbor is supportive of the petitioner to only restore a portion of the alley, but the neighbor did not realize that there were garages at both ends of the alley which make it almost impossible to only improve a portion. From a snow removal perspective, the alley needs to be linked for the snow to be plowed all the way through. Mr. Hickok stated that the site plans show a brick fagade and a total of seven overhead doors facing University Avenue. The diamond shaped feature is the skylight that runs from front to back on the facility. Staff is recommending more storefront appearance on the University Avenue side and eliminating the overhead doors on the front. The petitioner indicated at the Appeals Commission that they would rather not have the doors facing the neighborhood. Residential properties are on the side of University Avenue as well, however so they would be effected also from the overhead doors in front with the appearance and noise. If noise is going to be an issue beyond the property lines on this project, maybe the property does not fit and should be denied. Mr. Kondrick asked what the distance is from the building and the property line. Mr. Hickok stated it is 55 feet and is a standard width drive aisle. Mr. Kondrick asked what other landscaping plans are requested. Mr. Hickok stated that for the base area they have, there is 15 feet of running distance that could have a three-foot rise before planting of the trees. Mr. Hickok stated he would recommend that they go with the standard eight-foot privacy fence required and some columnar Arbor Vita planted at-a spacing that would provide a nice screen and then beyond it would build out to a nice hedge taller than the fence itself. Ms. Savage stated that she realized staff is recommending approval with stipulations, but at the same time saying that the building should not have so many overhead doors facing University Avenue. Mr. Hickok stated that was the second stipulation of the rezoning that indicates staff would review and approve the site plan prior to issuance of the building permit. Mr. Sielaff asked Mr. Hickok if all of the other variances were no longer needed because the property is being rezoned to C-2. Mr. Hickok stated that the C-2 already applies. Planning Commission is being asked to consider going R-3 to C-2 for the piece to the north. Mr. Brian Bona, 4000 Washington Street, stated that his father started in the automotive repair business in Columbia Heights 49 years ago with a very strong operation. The business is family-oriented, does not advertise, and keeps six mechanics busy full-time. They know their customers on a first name basis. Mr. Bona stated that 14 months ago, they purchased the Amoco Service Station and turned some things around with minimal resources. They cleaned it up and made a more positive impact. Mr. Bona stated he would like a storefront appearance as well and thinks he can achieve that without the overhead doors behind the building or creating an alleyway through there. He stated that the type of architecture he likes is similar to what is on Grand Avenue and in Stillwater with the more traditional appearance. Some things that bring out the architectural softness are the panes of glass in the garage doors that have the colonial look. Above those garage doors would be a lintel type appearance going across the entire span of the building. A crown molding would be at the very top of the building to bring the architectural pizzazz that is similar to the Stillwater and Grand Avenue timeless look. Decorative wood surrounding the glass gives it a little softer look than the typical masonry buildings so common. Mr. Bona stated that he visited with the neighbors and the biggest opposition was from the neighbors directly behind the site. They were concerned about the doors facing them and the impact of the noise from the mechanics tools. He feels that the most wide-open space is facing University Avenue. The noises created will be drowned out by the traffic from University Ave. Mr. Sielaff asked Mr. Bona what he thought of having one entryway opening up to all the bays and then one exit without having any of those opened up doors at all. Mr. Bona stated that it would be an economic burden. Mr. Sielaff stated that he thought it would be less energy used because you wouldn't have to open up all those doors to access each individual bay. Mr. Bona stated that it is just not quite as user-friendly. Mr. Jack Ovick, the petitioner's architect, stated that the width of the lot is too thin to add a 26-foot corridor through the building without eliminating some parking or encroaching further on the back of the lot. Insurance carriers are concerned about having cars on the interior of the building backing in and out of a separate driveway because it is a safety issue. There is a landscaping plan for the front of the building and the berm will be high up to help conceal the doorways as people drive by on University Avenue. Mr. Savage stated that she really liked the look, but stipulation #8 states that staff shall approve the site plan and asked if Mr. Bona had any problem with that. Mr. Ovick asked if the Planning Commission would approve of the staff's recommendation and if staff stipulated that they would have to turn the building around, would they have to abide by that? Mr. Hickok stated that staffs site plan recommendation was to turn the building around as listed in stipulation number eight. Mr. Oquist stated that he did not agree with that. He felt that turning the building around would put the noise and everything else towards the neighborhood. University Avenue is a buffer for the people across the street. The property is not wide enough to put that center aisle inside the building and allow for parking and everything else. He liked the idea of the colonial, traditional look similar to the way things used to look instead of all glass and chrome. Those doors will be open most of the time though from 7:00 a.m. to 9:00 p.m. He can also see his point with the landscaping and berming and that will be critical to what Mr. Bona is proposing. Mr. Sielaff stated that he does not have a problem with the garage doors being open all the time. He expects that it would be bermed and that would help a lot and has a greater concern about the neighbors in the back. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:40 P.M. Mr. Kondrick stated that he liked Mr. Bona's idea but the berm is the problem. If the bays were open to the back, it would have to be bermed a& also have some trees and the fence. If the doors were to the front, the berming would also have to be done. He has nothing against Mr. Bona's plan and he could see why he wants to do it this way. Ms. Savage stated that if he could have the garage doors looking similar to what he described, that would be a great addition to that area. Mr. Kondrick stated that it is okay with him, even though most of the year those garage doors will be open most of the time. If they could shield them from University Avenue some way, it would be acceptable. Mr. Oquist stated that he would rather have it facing the front with good landscaping than turning it around to face the neighborhood. Mr. Kondrick asked if there has been any mention of how high the berm can be. Mr. Hickok stated it is staff's recommendation to maintain a 3:1 slope, no more than that so they can mow it and keep it maintained. They have opportunity, if there is approval, to work in the right-of-way also to get some added height with the 3:1 slope by having greater distance. They might be able to receive approval with grating the right-of-way in building out of the right-of-way so they have a greater run distance to get the berm higher. Mr. Sielaff stated he thought it could be done as part of the landscape plan. Mr. Kondrick asked if the doors were in front, would they have to have the fence done in back? Mr. Hickok stated that they would not have to have the fence in back but the alley would still have to be done no matter what. Ms. Savage stated that it sounded like the commissioners feel the building should be turned around to front. She asked if stipulation number eight of the special use permit to approve the site plan would be needed. Mr. Hickok stated that would be clarified stating what the Planning Commission's position is on the building positioning. Mr. Kondrick asked if they could specify whether the Planning Commission could stipulate the building design as the petitioner presented. Mr. Oquist stated that they dictate the materials to be used. Mr. Hickok stated that the Planning Commission can pick the materials compatible with their vision of the site. Ms. Savage stated that the vision articulated from the petitioner is a good one, and she would like to see more of that for the City of Fridley. Mr. Kondrick asked how many doors are needed. Mr. Bona stated there are seven doors with a band of steel running over the top of the doors and a crown molding on the very top of the building. The front of the building would be brick basically, and the doors would have wooden type of frame on it. The doors would be glass and on top of the doors would be one continuous lintel and from that lintel upwards they would have more brick and then one large crown molding above that. Mr. Kondrick asked if they could be more specific as to the type of berm they would use for the front of the building. Mr. Hickok stated that with a 20-foot setback and roughly 10 feet on the outside of that you have 30 feet. If you wanted to berm the whole entire thing you could go ten feet high, but that is not the intent. Mr. Oquist stated that it would be too difficult to maintain if it were too high. Mr. Bona stated that those open doors would not get very much attention and it is a very attractive soft-looking building that just fits in that natural setting very well. Mr. Oquist stated that the building that Mr. Bona has planned is really nice, but those open doors need to be landscaped as best as they can. Mr. Ovick stated that the berm would have tall trees and also plant it with screen-type foliage along there. It would probably be smarter to move the entry to the south so as the berm comes down you would be able to see into the office area and not the open doors. If the mound could be serpentine and plant the trees with like a honey locust type of tree and placing conifers and junipers to be green in the winter as well. Mr. Hickok stated that the site plan is 17 trees short of the code requirements. There would be a significant number of trees added to this site. Mr. Kondrick stated that was all the better as far as he is concerned. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend approval of ZOA #99-04, with the two stipulations as follows: 1. Pending approval of Special Use Permit, SP #99-09. 2. The petitioner shall modify the site plan to eliminate all variances for the proposed facility. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to recommend approval of the Special Use Permit, SP #99-09, with the nine stipulations and stipulations 1, 2, 3, and 6, from Variance Request, VAR #99-19; to rezone lots 24-30 of Hamiltons addition to Mechanicsville from R-3 to C-2. Stipulations of the Special Use Permit, SP #99-09 reads as follows: 1. The Special Use Permit for an automobile service station is only for uses noted in the definition. 2. The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of merchandise. 3. The property shall not be used as a place of storage or depository of wrecked, abandoned or junked motor vehicles or the display of used motor vehicles or the sale or display of used motor vehicles. 4. All required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles on the station property from beaming onto adjacent residential property. 5. A landscape plan will be required to be submitted and approved by staff prior to issuance of a building permit. 6. The petitioner's proposal shall not include, nor shall the petitioner, his successors, or heirs all prohibited activities on this site. (i.e. Heavy duty repair garages) 7. Vehicular parking shall be limited to the owner's and employee's vehicles and a maximum of three service vehicles. Automobiles being serviced may be parked for a maximum period of 48 hours at any one time. 8. The site plan for this proposal shall be submitted and approved prior to issuance of a building permit leaving the front of the building facing University Avenue. 9. A site lighting plan shall be submitted and approved prior to issuance of a building permit. Stipulations of the Variance Request, VAR #99-19, to rezone lots 24-30 of Hamilton's addition to Mechanicsville from R-3 to C-2 reads as follows: 1. Property owner obtain building permits prior to construction of new addition. 2. All grading and drainage plans to be approved by City Staff prior to the issuance of building permits. 3. A landscaping plan meeting all code requirements, plus an additional 6 large (4feet caliper trees to compensate for trees removed from the right-of-way by the petitioner, shall be approved by City Staff prior to the issuance of a building permit. Bonding requirement, to ensure the installation of landscaping, shall be met as required by Code. 6. Alleyway east of property shall be restored and paved prior to issuance of building permits. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this matter would be going to City Council on October 11, 1999. Mr. Bona stated that it seems odd that he would have to reconstruct the entire alley. Mr. Hickok stated that but for this project the alley would not need to be improved or hard surfaced. The improvement cost does need to be born by this developer as part of this project. Ms. Savage asked if this could be brought up at City Council. Mr. Hickok stated that it could. 4. PUBLIC HEARING: CON IDERATION OF VACATION SAV #99-04 BY MICHAEL AND CLAUDIA IS TO VACATE A PORTION OF CHERYL STREET BETWEEN LOTS 1 BLOCK L. AND LOTS 25-32 BLOCK M RIVERVIEW HEIGHTS ADDMON, ANOKA COUNTY MN GENERALLY LOCATED AT 520 DOVER STR ET: Ms. Savage asked if they could combine p lic hearing number four and public hearing number five. Mr. Hickok stated that would be acceptable. 5. PUBLIC HEARING: APPROVE A PRELIMI RY PLAT PS #99-04 BY MICHAEL AND CLAUDIA GEIS FOR A SUBD ISION TO REPLAT PROPERTY INTO TWO SEPARATE PROPERTtgS. GENERALLY LOCATED AT 520 DOVER STREET: MOTION by Mr. Sielaff, seconded by Mr. Kondrick to waive thXSAVE the notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSONECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAST 9:01 P.M. Mr. Bolin stated\that the petitioner was seeking to vacate a portion of Cheryl Street and to replat the vacated street and 22 individual lots into two single-family lots. One of the lots does contain the existing home and the other one would hold a new home. The petitioners own Lots 1-9, 28, 29, Block L, and Lots 1-3 and 25-32, Block M, Riverview Heights. The property is zoned R-1, as are all of the surrounding properties. The southern and easte'Fn borders of the property are bordered by Springbrook Creek. The Geis' own all of the property that abuts the portion of Cheryl Street. If the street vacation is granted and the lots are replatted as Lots 1 and 2, Block 1, both of the lots would meet all of the (%ty code requirements as far as size.and setbacks for the existing home and for the propoed building as well. The lot was platted in 1922, prior to 1949 when the City started issuing building permits the existing home was built. In 1958, a garage was built. In 196 and 1979, alterations were made to the home. In 1981, the garage was demolished a d replaced with a new garage. In 1985, a shed was built. Mr. Bolin stated that due to t e fact that the petitioners own all the property abutting the portion of Cheryl to be vacate , and due to the fact that the slopes and creek are on the southern side, it is impossible Q build on Cheryl Street; also it does not line up with Liberty Street, staff recommend approval with stipulations. Mr. Bolin stated that staff has dete mined that it would be in the City's best interest to vacate the rest of Cheryl Lane from he Geis property down to Broad Avenue. There are three other properties that a\butt is portion of Cheryl Street and staff will be coming forward with requests to vacate that p rtion at the October 6, 1999, meeting. This will avoid the possibility in the future of so %acul-de-sac e wanting to come in and establish Cheryl Street as an actual street and requiring at the end of it. The assessor has estimated that by giving those three erty owners would have a five dollar per year increase in property taxes. Mr. Bolin stated that staff recommends approv I for the subdivision request, P.S. #99- 04, with stipulations. Mr. Sielaff asked what would happen if the petition sold the lot to someone else. Mr. Bolin stated that the special use permit, with all sti lations, gets recorded against the property, and any new owner would have to follow t stipulations as well. Mr. Michael Geis, 520 Dover, stated that he has moved so a of the trees back. He wants to hide the house and landscape it, and he does not w t to disturb the trees much at all. He has no problems with the stipulations. The nei hbor's only concern is the increase in taxes. He wants to clean the other part of his Ian up because there is a big hole there and a dead tree. He wants to fill that in and plant m e trees and evergreens. He has two driveways right next to each other with a fe a on one side. He stated that he grew up on this property. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. AGENDA ITEM ri CITY COUNCIL MEETING OF OCTOBER 11 , 1999 cmr or rRIDL F 11 DATE: October 6, 1999 TO: William W. Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planner SUBJECT: Rezoning, ZOA#99-04, For the Undeveloped Property North of 5333 University Avenue INTRODUCTION On September 15, 1999, the Planning Commission held its public hearing regarding the request by Brian and Jacqueline Bona for a rezoning from R-3, Multi-Family Residential to C-2, General Business to allow an auto repair garage. The property is vacant and located north of 5333 University Avenue NE. ISSUES The Bona request involves placing an automobile repair facility on the undeveloped property, north of their existing motor fuel sales facility. In their request, the Bona's originally asked for 6 variances, a special use permit, and the rezoning. Four of the six variances were able to be eliminated by staff efforts to rework the site plan. The fifth variance relates to the placement of the building relative to the east (residential) property line. The sixth and final variance requested would be eliminated by rezoning the subject parcel. Code requires a 50' setback from a C-2 building to its adjacent residentially zoned property line. The building proposed will rest entirely on the property currently zoned C-2. However, it would have a 3' setback, (rather than a 50' setback) on its north end. Granting a variance to this dimension would exceed all previously granted variance dimensions for like requests. The real benefit of this rezoning is that it allows consistency between the land designation for all parcels in his development. As an independent residential site, this location has potential for development. Based on land area, a multi-unit residential building of as many as 14 units could potentially be built on this site. However, the shape of the lot may somewhat limit that density. With multi- tenant residential land being a very limited commodity in Fridley, it is likely that this land would eventually develop for residential if not rezoned. This parcel could be successfully developed as either an R-3, Multi-Family Residential, or C-2, General Business use. As for meeting the criteria that staff evaluates for a rezoning, this request passes the test, provided that the future project can be developed in compliance with the performance standards of the C-2 District. 83 The Planning Commission believed that the rezoning of this property is appropriate and makes sense based on the Bona proposal. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of rezoning request ZOA#99-04, with two stipulations: 1. Pending approval of Special use permit#99-09. 2. The petitioner shall modify the site plan to eliminate all variances for the proposed facility. STAFF RECOMMENDATION Staff Recommends that the City Council concur with the Planning Commission. M-99-246 84 f AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 11 , 1999 C rFY OF FRIDLEY DATE: October 6, 1999 / TO: William W. Burns, City Manager n� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planner SUBJECT: First Reading of an Ordinance Rezoning Lots 24 - 30, Hamilton's Addition to Mechanicville, generally location north of 5333 University Avenue INTRODUCTION On September 15, 1999, the Planning Commission held its public hearing regarding the request by Brian and Jacqueline Bona for a rezoning from R-3, Multi-Family Residential to C-2, General Business to allow an auto repair garage. The City Council will hold its public hearing for this Item on October 11, 1999. In conjunction with that hearing, the appropriate rezoning ordinance has been attached for Council's review. STAFF RECOMMENDATION Staff Recommends approval of the first reading of the attached ordinance to rezone Lots 24 -30, Hamilton's Addition to Mechanicsville, from R-3, Multi-Family residential to C-2, General Commercial. M-99-247 85 AGENDA ITEM ri CITY COUNCIL MEETING OF OCTOBER 25, 1999 IL! OF IDLEY DATE: October 20, 1999 TO: William W. Burns, City Manager CJI FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planner SUBJECT: Second Reading of an Ordinance Rezoning Lots 24 -30, Hamilton's Addition to Mechanicville, generally location north of 5333 University Avenue INTRODUCTION On September 15, 1999, the Planning Commission held its public hearing regarding the request by Brian and Jacqueline Bona for a rezoning from R-3, Multi-Family Residential to C-2, General Business to allow an auto repair garage. The City Council held its public hearing for this item on October 11, 1999. In conjunction with that hearing, the appropriate rezoning ordinance was attached for Council's review. Council approved the first reading of the ordinance at that meeting. STAFF RECOMMENDATION Staff recommends approval of the second reading of the attached ordinance to rezone Lots 24-30, Hamilton's Addition to Mechanicsville, from R-3, Multi-Family residential to C-2, General Commercial. M-99-255 1 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11 1999 PA 29 MOTION by Councilmember Billings to remove Item number 22 from the table. conded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON D CLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to approve Special Use Perm' , SP #99-09 with the stipulations as follows (stipulation eight restated). Seconded by Cou ilmember Barnette with the following stipulations: 1) The special use permit for an automobi service station is only for the uses noted in the definition; 2) The use shall not provide r the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outd or display of merchandise; 3) The property shall not be used as a place of storage or depo tory of wrecked, abandoned or junked motor vehicles or the display of used motor vehic es or the display of new motor vehicles; 4) All required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles or the display of used motor hicles or the display of new motor vehicles; 5) All required buffer or screening area shall b so constructed as to obstruct headlight beams of motor vehicles on the station property om beaming into adjacent residential properties; 6) A landscape plan will be required to submitted and approved by staff prior to issuance of a building permit; 7) The petitioner' proposal shall not include, nor shall the petitioner, his successors or heirs all prohibited ctivities on this site. (i.e. heavy duty repair garages); 8) The site plan shall be submitted an approved by staff prior to issuance of a building permit. Said site plan shall reflect a building sition that eliminates all variances and places all overhead doors facing University Avenue; 9 The site plan for this proposal shall be submitted and approved prior to issuance of a buildi permit leaving the service doors facing University Avenue; 10) A site lighting plan shall be ubmitted and approved prior to issuance of a building permit; 11) The property owner shall ob ain all necessary building permits prior to construction; 12) A landscaping plan meeting all co requirements, plus an additional six large (4 feet caliper or greater as measured six feet above rade) trees shall be added to compensate for trees removed from public right of way. Plan s all be approved by staff prior to issuance of the building permit. A bonding requirement w' ensure the landscaping will meet building code; and 13) The alleyway east of the property sha be restored and paved prior to issuance of building permits. Councilmember Billings state that a fourteenth stipulation should be added regarding the other three sides of the buildings o whether the garage doors should be open or closed. MOTION by Councilm ber Billings, seconded by Councilmember Bolkcom, to add a fourteenth stipulation as follows: The materials used in construction on all four sides of the building shall be appro ed by staff prior to issuance of the building permits. UPON A VOICE V TE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARR D UNANIMOUSLY. 23. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING 1 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 30 DISTRICTS (REZONING REOUEST,ZOA #99-04 BY BRIAN AND JACQUELINE BONA): MOTION by Councilmember Bolkcom to remove Item number 21 from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve ZOA #99-04, with the stipulation as follows: 1) The parcel shall be combined with the parcel of the south as one parcel. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBERS BILLINGS, BOLKCOM, WOLFE, AND BARNETTE VOTING AYE, MAYOR JORGENSON VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED FOUR TO ONE. 24. RESOLUTION NO. 82-1999 ADOPTING ASSESSMENT FOR 1999 NUISANCE ABATEMENT: MOTION by Councilmember Bolkcom to a rove the resolution adopting assessment for 1999 nuisance abatement. Seconded by Councilme ber Billings. UPON A VOICE VOTE, ALL VOTING AYE, AYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 25. RESOLUTION NO. 83-1999 ADOPTING SSESSMENT FOR 1999 SERVICE CONNECTION: MOTION by Councilmember Billings to adopt the reso tion adopting assessment for 1999 service connection. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR J GENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 26. RESOLUTION ADOPTING ASSESSEMENT FOR 1999 WEED ABATEMENT: MOTION by Councilmember Bolkcom to table the resolution adop i g assessment for 1999 weed abatement connection. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSO DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLE,Y CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 18 20. REZONING REQUEST, ZOA #99-04, BY BRIAN AND JACQUELINE. BONA, TO REZONE THE CURRENT R-3 MULTI-FAMILY RESIDENTIAL DISTRICT TO C-2, GENERAL BUSINESS DISTRICT, TO ALLOW COMMERCIAL USE OF THE SITE FOR A PROPOSED AUTO REPAIR FACILITY GENERALLY LOCATED AT 5333 UNIVERSITY AVENUE N.E.(WARD 1): MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:55 P.M. Mr. Hickok, Planning Coordinator, stated that Brian and Jacqueline Bona are property owners at 5333 University Avenue and are seeking to rezone a portion of the property from R-3, Multi- family Residential to C-2, General Business. The Bonas also originally requested six variances in order to construct an automobile service station. The request has been reduced to one variance which will be discussed later this evening. The property is located just north of 53`d Avenue and north of the existing Amoco station which the couple leases. Mr. Hickok stated that there was an alley that traverses the property on the north end and runs down the east side of the property to 53'Avenue. Mr. Hickok stated that the Bonas requested the rezoning of the property described as lots 24 and 30 of Hamilton's Addition of Mechanicsville. Repair garages are permitted by special use permits in the C-2, General Commercial District. The proposed facility causes the parking to encroach on the R-3 properties to the north. R-3 District would allow multi-tenant residential development, the land is 25,596 square feet. Based on that land area as many as fourteen residential dwelling units could exist on this site. Undeveloped multi-family property in this community is very rare. The rezoning request, as reviewed by staff, matched with standard criteria, the proposal request must match the criteria in all three instances, if not the rezoning request fails to receive the positive staff recommendation. Compliance with district standards is required. In this case a 20 foot variance would still be needed, which would raise the question if this truly complies with performance standards being sought in the rezoning. It states that the proposal needs to meet all of the performance standards of a district. In this case it would need a variance to meet the performance standards. The analysis also reveals that the requirement for the variance clashes with that criteria. Therefore, it was staff's recommendation for Council's approval. Staff recommended to the Planning Commission that the rezoning occur with stipulations. The Planning Commission recommended approval of the rezoning with two stipulations with the stipulations changed to reflect that they felt the overhead doors facing University Avenue were not objectionable. FRIDI,EY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 17 Councilmemb rWolfe stated that when Mr. Jorgenson orders snowmobiles, he has to order a certain amoun no matter what the demands are. Mr. Hickok stat d that Chopper City Sports needs to anticipate the amount of merchandise they receive, and it ne ds to be warehoused if it cannot tit on the site. Councilmember Blings asked Mr. Jorgenson if the one week in August was the only time he had too many items laced in front. Mr. Jorgenson stated at was correct. Councilmember Billin asked Mr. Jorgenson if they are anticipating the same problem next August, September and ctober. Mr. Jorgenson stated that he does not want to sell that many, but he has to take that many snowmobiles. Councilmember Billings state that he knows there are warehouses around the vicinity such as near County Road E and Snel 'ng Avenue. He was empathetic to Mr. Jorgenson's problem of having too many sleds, but if the were more securely stored he would not have this problem. Mr. Jorgenson stated that this yea they only pre-sold fifteen snowmobiles. They have to wait until they sell to assemble them. Councilmember Billings stated that he ould possibly work with his supplier to see if they could warehouse the sleds until there is room them. Mr. Jorgenson stated that the problem is t t they do not make money on the sleds. They pay people to take the sleds. They only make oney on the parts and service. By November he should be down to 150 sleds which would stor easier in the rear of the building. Mayor Jorgenson asked Mr. Jorgenson if he un rstood what was being proposed to keep the public hearing open. In the event that the stock ex eeds the height of the fence, or there are too many items in front, the revocation process would s rt all over again after January 24, 2000, if the special use permit codes are violated again. Mr. Jorgenson stated that he understood. Mayor Jorgenson thanked Mr. Jorgenson for coming in. MOTION by Councilmember Wolfe, seconded by Councilm ber Bolkcom, to extend the public hearing for Special Use Permit, SP #89-14, until January 2 , 2000. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGE ON DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDL,EY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 19 Councilmember Billings asked Mr. Hickok if the parcel was part residential and part commercial, and if there are provisions in the rezoning if the lot is adjacent to commercial for parking on R-3. Mr. Hickok stated that was correct. City Code does allow by special use, parking in an R-3 district. The proposal was for a multi-bay quick lube facility that measures 35 feet by 140 feet. The property line for this building runs east and west. Everything north of that is R-3, Multi- family Residential. Staff was seeking to have developments have a consistent zoning when parking is required for this facility. This building would only be three feet from the property line of an R-3 district. Fifty feet is required. This was an almost insurmountable precedence in this condition. Councilmember Billings asked if the two parcels have two separate tax identification numbers. Mr. Hickok stated that it has two separate tax identification numbers. Councilmember Wolfe asked if the doors opening towards University was something staff was opposed to. Mr. Hickok stated that the site plan proposed could be modified to eliminate five of the six variances. The remaining variance was for the building itself. The petitioner asked for a variance to allow the building to sit closer to the rear lot line, closer to a residential property. This also puts the parking in front of the facility and seven overhead doors facing University Avenue. Mr. Hickok stated that much discussion with staff and the Planning Commission pertained to the emphasis put on the image for the vision process for the comprehensive plan and the image of the corridor. Overhead doors facing University Avenue is contrary to the image that is being sought to create for the corridors. If the noise is projected beyond the property line whether the building is faced east or west, it is too noisy for the property. By turning the building around gives a proper distance between the alley with a screening fence along the alley. There would be a storefront appearance along University Avenue, and it would take all of the parking out of the front yard. It also provides a great opportunity for nice landscaping. Council has to decide if this is an appropriate use for this site if noise is a problem. Is the noise any better to send across University Avenue when The Minnesota Department of Transportation tells us that the noise is at a level that can be of concern to residents. Residential is right across University Avenue. Councilmember Wolfe stated that he felt that since there is already noise coming from University Avenue having the doors facing University Avenue would not affect the noise level much. Councilmember Bolkcom asked why there could not be one door opening to the bays with a drive aisle. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11 1999 PAGE 20 Mr. Hickok stated the Planning Commissioner considered that similar to the Tires Plus facility with an internal drive aisle. If the site was a bit deeper they would hold on to that recommendation, but it would create many variance problems. Mayor Jorgenson asked Mr. Hickok if the building could be moved to the south to avoid the variance. Mr. Hickok stated that is was as close to the lot line as it can be. Mayor Jorgenson stated that she was having a really hard time with the impact this would have on the residential neighborhood and also with rezoning property that is R-3 to C-2, because there is so little of that kind of property left. Mr. Brian Bona, the petitioner, stated that he was brought up in the service station business. His father started an operation in Columbia Heights right across from the fire station which still exists today. Mr. Bona now runs this business. It is a six bay auto repair with six mechanics. They do not advertise, and the business is built on trust and word of mouth which spans three generations. His children are now stepping in to help out. That is what inspired him to expand into Fridley. He wanted something very similar to what he has in Columbia Heights. He felt he would be very friendly to the City of Fridley. His Amoco station was a rather beat up operation which he is slowly recovering right now with renovations. Amoco does own the building. Mr. Bona is the leasee so he has limitations to what he can do. Mr. Bona stated that he would like something reminiscent of what you would see on Grand Avenue, or downtown Stillwater, with a traditional look creating some pizzazz. He has taken the neighbors opinion into consideration with their view of not wanting the overhead doors facing them. There are no protesters to Mr. Bona's plan. The neighbors are concerned about having the parking lot facing them also. He wants to run a clean operation. He has tried to clean things up by mowing the highway grass and weed whacking every two weeks. He has scheduled litter pick-up along the highway. He tries to appeal to a good clientele of folks by playing piano music over the gas pumps to hopefully shun away the people with their boom boxes turned up full volume. He felt he was achieving the storefront appeal with his architecture and landscaping. The berming would soften that blow. Councilmember Wolfe asked if the garage doors on Mr. Bona's proposed plan are facing the residents. Mr. Bona stated that the garage doors would be facing University Avenue. Mr. Bona stated that the building design would include the old fashioned kind of a brick that you would see on the Stillwater buildings. The lintel that goes across the top would be like an off- white molding type of lintel to give more architectural appeal. The front of the storefront would be more like recessed wood you would see at Barnes and Noble bookstore painted probably in theme type of scenes. The signage would probably be black signs with gold lettering, not something that would stand out. They do not paint things on their windows. They are sensitive to the neighbors concerns at their present service station. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 21 Mayor Jorgenson stated that she heard or read that there may have been some objection from one of the neighbors. Mr. Hickok stated that there was no submitted objection for the record, but he does think there was a discussion earlier about the trucks parking on the property. He has not received any petitions. Mr. Bona stated that one neighbor started a petition about parking trucks on the property, and he did receive one signature from a neighbor who has since apologized to Mr. Bona for signing the petition. Mayor Jorgenson asked if there was a building on this property that suffered from a fire. Mr. Bona stated that it was Minnesota Petroleum. Mayor Jorgenson asked if the property at the time Minnesota Petroleum was there was zoned C-2 and then rezoned to R-3. Mr. Hickok stated that Minnesota Petroleum was on the site that is now the quick lube site. The R-3 was undeveloped, and the building was considerably smaller. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE PUBLIC HEARING WAS CLOSED AT 10:15 P.M. NEW BUSINESS: 21. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS(REZONINGREQUEST,ZOA #99-04, BY BRIAN AND JACQUELINE BONA) (WARD 1): MOTION by Councilmember Billings to table item 21 until after discussion of item 22. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Need discussion. 22. SPECIAL USE PERMIT P #99-09 BY BRIAN AND JACQUELINE BONA TO ALLOW A PROPOSED AUTO REPAIR FACILITY IN THE CURRENT C-2 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 22 GENERAL B SINESS DISTRICT GENERALLY LOCATED AT 5333 UNIVERSITY AVENUE N.E. WARD 1): Mr. Hickok, Planning Co rdinator, stated that this request was related to the same item as discussed previously. Auto epair is listed as a special use permit opportunity in the C-2 district, and compatibility with adjac t uses is key in the review for special use permits. The City must consider the nature of the nee boring building and land, effects on traffic, noise created by the use, and other impacts onsu unding properties. The code is very specific about minimal criteria required for special use or repair facilities. In addition to the minimum criteria, staff recommended approval with stip ations. The Planning Commission heard the stipulations and recommended approval with those tipulations plus four more stipulations. Stipulation No. 8 to have the building with the doors fa 'ng University Avenue. Staff recommended that Council's approve the original thirteen stipulati s with nine more: 1) The site plan shall be submitted and approved by Staff prior to issuance f the building permit. Site plan shall reflect building position that eliminates all variances nd places all overhead doors facing east; 2) Staff recommends the following stipulation s that in the event the variances are all denied, the stipulations from the variances are still va 'd, and should be then approved with the special use permit; 3) No outward display of mercha ise is to be permitted on the site; 4) To insure adequate circulation for fire, police and sn wplows, the petitioner shall dedicate the street easement and connect the pre-established alley the University Avenue service road cul-de-sac, final design to be approved by Staff, 5) All fence g shall be located entirely on the petitioner's own property; 6) Parking area shall be screened fr the right-of-way by combination of berms, and plantings of at least three feet in height; 7) Cod required five foot sidewalk easement shall be granted along the entire west edge of the propert • 8) The petitioner shall comply with all County, State, and Federal regulations regarding the dis sals of batteries and other materials; 9) Staff recommends that the entire package of stipulate ns go along with the first thirteen stipulations to insure building location and elimination of v ances; Councilmember Billings asked Mr. Hickok if the petitioner w Id have to pay for the alleyway as stipulated in Stipulation No. 13. Mr. Hickok stated that was correct, and it seemed to be an issue for e petitioner in the previous discussion. Councilmember Billings asked Mr. Hickok if staff was saying that if noun was an issue then the special use permit should not be granted at all. Mr. Hickok stated that was correct. Councilmember Billings asked Mr. Hickok if the neighbors on the west side o University Avenue would get the benefit of increased sound in the doors faced University Ave n e. If the doors face the east, then the neighboring residents to the east would get the benefit of i reased sound. He asked if it is staffs contention that the neighbors would help police the ound problem. Mr. Hickok stated that was correct. CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 10 Mayor Jorgenson state that Ms. Locker has an opportunity to come and listen to the budget message and to ffer comments at that time. The information is presented on cable television, in Focus ews, and people can request that they be informed. Mayor Jorgenson stated that this time, Council needed to move on to the other items in the agenda. She thanked every e for coming. APPROVAL OF CONSENT A NDA: OLD BUSINESS: 1. ORDINANCE NO. 1134 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #99-04, BY BRIAN AND JACQUELINE BONA) (WARD 1): Mr. Burns, City Manager, explained that the subject property is located at 5333 University Avenue. The rezoning is from R-3, Multi-Family Residential to C-2, General Commercial. The rezoning would allow the construction of an automobile service garage. Council approved the first reading of this ordinance at their meeting on October 11. Staff recommended approval of the second and final reading. APPROVED ORDINANCE NO. 1134. 2. RECEIVE THE PLANNING CONMISSION MEETING MINUTES OF OCTOBER 6, 1999: Mr. Burns, City Manager, explained that t is was consideration of a motion to receive the Planning Commission meeting mi utes of October 6, 1999. RECEIVED PLANNING COMMISSION MEETING MINUTES OF OCTOBER 6, 1999. 3. PRELIMINARY PLAT REQUEST, PS #99-0�, BY KIM AND GEORGE BATESON AND MARY AND DENNIS ` PIETRINI TO DIVIDE PROPERTY INTO FOUR SINGLE-FAMILY LOTS GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E. ARD 2): Mr. Burns, City Manager, explained that the area bei Q platted is 2.25 acres located along Old Central Avenue just north of Heath Hills on what has commonly been referred to as the Skinner property. The plat i cludes four large lots that range in size from 19,154 square feet to 32,495 square fie t. Access to the plat will be from the existing street (Heather Place). There are no p s to connect this street with Ben Moore Drive to the northeast. Staff asked the etitioner to provide easements along the southern and eastern borders of the pla for future CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 9 Mr. John Howard, 7549 Tempo Terrace, stated that he was one of the people who helpe get signatures. He felt the City would be wasting more taxpayers' money. Mr. Francis Adam van Dan, 6342 Baker Avenue, stated that he has a law degre and has extensive experience and knowledge with the law. He felt there w re a few misunderstandings. He said it violates the State Constitution to grant a fr chise fee to all of the businesses that have been in Fridley before the City became ro-rated. The State recognizes that you cannot levy a fee except to offset the expen s administered in the franchise. Any other thing is illegal. You must go to the Le islature and ask for permission to levy any tax that you want. The Council has e authority to grant franchises, but it is not for election power. Mayor Jorgenson stated that the Legislature gave them the constitutional authority to do this. They had a franchise agreement with one of the ut' ity companies prior to the new one that has just been enacted this summer. There are t least a dozen other communities that are doing this. Mr. Knaak stated that Mr. van Dan was correct ' saying that fees can only be levied for offset expenses. This was an express excepti in the Statute. The Statute provides that it can be levied for the purpose of obtainin those costs or other purposes. The Statute allows the City also to use it for a revenue ource. Mr. van Dan stated that he wondered i the Supreme Court would sustain that. Mr. Knaak stated that it was spel d out very plainly in the Statute. He believed it had been challenged and held up. Ms. Dawn Locker, 6856 Mo oe Street, asked if the five monument signs for the City of Fridley has anything to do ith the levy. She felt that Fridley was beautiful just as it is. The monument signs are ecessary. The expenditures have to stop. Councilmember Bolk in stated that there are six monument signs. Different service organizations have d nated money for them. A small portion was being spent by the City for the easements t put the monuments on. Mayor Jorgenso stated that the monuments were a gift to the City of Fridley for the 50' Anniversary f m the service organizations. Mayor Jorgenson stated that the City Council, wh the public has elected, makes the decisions and does not turn all of the decisions o r to the public. Ms. Loc er stated that when the City of Fridley asks the citizens for money, the City should sk citizens before they spend money on places where the citizens are not sure they ant it. f oc uS 0-e Lv.S 11-qJ 1 q q-1 City of Fridley ORDINANCE NO.1134 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended here- inafter indicated. Be and is herQby rezoned subject to the stipulations adopted at the October 11, 1999,City Council meeting. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 24 -30, Hamilton's Addition to Mechanicsville, as recorded at the office of the Anoka County Recorder, generally located north of 5333 University Avenue. Is hereby designated to be in the Zoned District C-2 General Business. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R- 3, General Multiple Family Dwelling to C- 2,General Business. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRID- LEY THIS 25TH DAY OF 1999. NANCY J.JORGENSON-MAYOR ATTEST: DEBRA A SKOGEN-CITY CLERK Public Hearing: October 11, 1999 First Reading: October 11, 1999 Second Reading: October 25, 1999 Publication: November 4, 1999 (November 4, 1999) Fridley, Columbia Heights,Hilltop Focus News ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 24 -30, Hamilton's Addition to Mechanicsville, as recorded at the office of the Anoka County Recorder, generally located north of 5333 University Avenue. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3, General Multiple Family Dwelling to C-2, General Business. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF 51998. NANCY J. JORGENSON - MAYOR ATTEST: DEBRA A SKOGEN - CITY CLERK Public Hearing: October 11, 1999 First Reading: October 11, 1999 Second Reading: October 25, 1999 Publication: November 15, 1999 86 EXHIBIT - ORDINANCE # - STIPULATIONS 1. Pending approval of special use permit #99-09 2. The petitioner shall modify the site plan to eliminate all variances for the proposed facility. 87 CRYOF FFUDLE.Y FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY.MN 55432 •(612)571-3.150•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 27, 1999 Brian and Jacqueline Bona 4000 Washington Street NE Columbia Heights, MN 55421 Dear Mr. & Mrs. Bona: On October 11, 1999, the Fridley City Council officially approved your request for a Special Use Permit, SP ##99-09, by Brian Bona, for an auto repair garage in the current C-2, General Business zoning district, legally described as Lots 20, 21, 22, Block 13, Hamiltons addition to mechanicsville, generally located at 5333 University Avenue. Approval of this special use permit is contingent upon the following stipulations: 1. The special use permit for an automobile service station is only for the uses noted in the definition. 2. The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outdoor display of merchandise. 3. The property shall not be used as a place of storage or depository of wrecked, abandoned or junked motor vehicles or the display of used motor vehicles or the display of new motor vehicles. 4. All required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles on the station property from beaming into adjacent residential properties. 5. A landscape plan will be required to be submitted and approved by staff prior to issuance of a building permit. 6. The petitioner's proposal shall not include, nor shall the petitioner, his successors or heirs all prohibited activities on this site. (i.e. heavy duty repair garages). 7. Vehicular parking shall be limited to the owner's and employee's vehicles and a maximum of three service vehicles. Automobiles being serviced may be parked for a maximum period of 48 hours at any one time. 8. The site plan for this proposal shall be submitted and approved prior to issuance of a building permit leaving the front of the building facing University Avenue. 9. A site lighting plan shall be submitted and approved prior to issuance of a building permit. 10. The property owner shall obtain all necessary building permits prior to construction. 11. All grading and drainage plans shall be approved by City staff prior to the issuance of building permits. 12. A landscaping plan meeting all Code requirements, plus an additional 6 large (4" caliper or greater as measured 6" above grade) trees shall be added to compensate for trees removed from public right of way. Plan shall be approved by staff prior to issuance of the building permit. A bonding requirement will ensure the landscaping will meet building Code. 13. The alleyway east of the property shall be restored and paved prior to issuance of building permits. 14. The materials used in construction on all four sides of the building shall be approved by staff prior to issuance of the building permits. Also, on October 11, 1999, the Fridley City Council officially approved your request for a rezoning, ZOA#99-04, to rezone the current R-3, Multi-Family Residential District to C-2, General Business District, to allow commercial use of the site for a proposed auto repair facility, legally described as Lot 24-30, Block 13, Hamilton's Addition to Mechanicsville, generally located at 5333 University Avenue. Approval of this rezoning is contingent upon the following stipulation: 1. The parcel shall be combined with the parcel of the south as one parcel. If you hy questions regarding the above action, please call me at 612-572-3590. in (rely, arbara Dacy, A' Community DevelopmeDir ctor BD/jt cc: Address File Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 8, 1999 Concur with action taken. C-99-188 347 57 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS REZONING COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Rezoning, ZOA#99-04 Owner: Brian Bona & Jacqueline Bona The above entitled matter came before the City Council of the City of Fridley and was heard on the 25th day of October, 1999, on a petition for a rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To rezone the property for construction of an automobile service garage, legally described as Lots 24- 30, Block 13, Hamilton's Addition to Mechanicsville, as recorded at the office of the Anoka County Recorder, generally located at 5333 University Avenue. IT IS ORDERED that a rezoning be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council meeting minutes of October 25th, 1999. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a rezoning with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 3rd day of , 200(' DRAFTED BY: City of Fridley ~ 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Clerk' yt., (SEAL) CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 9 Mr. John Howard, 7549 Tempo Terrace, stated that he was one of the people who helpe get signatures. He felt the City would be wasting more taxpayers' money. Mr. Francis Adam van Dan, 6342 Baker Avenue, stated that he has a law degre and has extensive experience and knowledge with the law. He felt there w re a few misunderstandings. He said it violates the State Constitution to grant a fr chise fee to all of the businesses that have been in Fridley before the City became ro-rated. The State recognizes that you cannot levy a fee except to offset the expen s administered in the franchise. Any other thing is illegal. You must go to the Le islature and ask for permission to levy any tax that you want. The Council has e authority to grant franchises, but it is not for election power. Mayor Jorgenson stated that the Legislature gave them th constitutional authority to do this. They had a franchise agreement with one of the ut' ity companies prior to the new one that has just been enacted this summer. There are t least a dozen other communities that are doing this. Mr. Knaak stated that Mr. van Dan was correct ' saying that fees can only be levied for offset expenses. This was an express excepti in the Statute. The Statute provides that it can be levied for the purpose of obtainin those costs or other purposes. The Statute allows the City also to use it for a revenue ource. Mr. van Dan stated that he wondered i the Supreme Court would sustain that. Mr. Knaak stated that it was spel d out very plainly in the Statute. He believed it had been challenged and held up. Ms. Dawn Locker, 6856 Nlo oe Street, asked if the five monument signs for the City of Fridley has anything to do ith the levy. She felt that Fridley was beautiful just as it is. The monument signs are ecessary. The expenditures have to stop. Councilmember Bolk m stated that there are six monument signs. Different service organizations have d nated money for them. A small portion was being spent by the City for the easements t put the monuments on. Mayor Jorgenso stated that the monuments were a gift to the City of Fridley for the 50`x' Anniversary m the service organizations. Mayor Jorgenson stated that the City Council, wh the public has elected, makes the decisions and does not turn all of the decisions o r to the public. Ms. Loc er stated that when the City of Fridley asks the citizens for money, the City should sk citizens before they spend money on places where the citizens are not sure they ant it. L . r , CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 10 Mayor Jorgenson state that Ms. Locker has an opportunity to come and listen to the budget message and to ffer comments at that time. The information is presented on cable television, in Focus yews, and people can request that they be informed. Mayor Jorgenson stated that this time, Council needed to move on to the other items in the agenda. She thanked every e for coming. APPROVAL OF CONSENT A NDA: OLD BUSINESS: 1. ORDINANCE NO. 1134 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZO A #99-04, BY BRIAN AND JACQUELINE BONA) (`VARD 1): Mr. Burns, City Manager, explained that the subject property is located at 5333 University Avenue. The rezoning is from R-3, Multi-Family Residential to C-2, General Commercial. The rezoning would allow the construction of an automobile service garage. Council approved the first reading of this ordinance at their meeting on October 11. Staff recommended approval of the second and final reading. APPROVED ORDINANCE NO. 1134. 2. RECEIVE THE PLANNING COM'MISSION MEETING MINUTES OF OCTOBER 6, 1999: Mr. Burns, City Manager, explained that t 's was consideration of a motion to receive the Planning Commission meeting mi utes of October 6, 1999. RECEIVED PLANNING COMMISSION, MEETING MINUTES OF OCTOBER 6, 1999. 1 3. PRELIMINARY PLAT REQUEST, PS #99-0\5, BY KIM AND GEORGE BATESON AND MARY AND DENNIS `,,PIETRINI TO DIVIDE PROPERTY INTO FOUR SINGLE-FAMILY LOTS GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E. ARD 2): Mr. Burns, City Manager, explained that the area bei a platted is 2.25 acres located along Old Central Avenue just north of Heath Hills on what has commonly been referred to as the Skinner property. The plat ' cludes four large lots that range in size from 19,154 square feet to 32,495 square fie t. Access to the plat will be from the existing street (Heather Place). There are no p s to connect this street with Ben Moore Drive to the northeast. Staff asked the etitioner to provide easements along the southern and eastern borders of the pla for future FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAC 20. REZONING REQUEST, ZOA #99-04, BY BRIAN AND JACOUELINE BONA, Tk REZONE THE CURRENT R-3, MULTI-FANIILY RESIDENTIAL DISTRICT, TO C-2 GENERAL BUSINESS DISTRICT TO ALLOW COMMERCIAL USE OF THE SITE FOR A PROPOSED AUTO REPAIR FACILITY, GENERALLY LOCATED AT 5333 UNIVERSITY AVENUE N.E.(WARD 1): MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 9:55 P.M. Mr. Hickok, Planning Coordinator, stated that Brian and Jacqueline Bona are property owners at 5333 University Avenue and are seeking to rezone a portion of the property from R-3, Multi- family Residential to C-2, General Business. The Bonas also originally requested six variances in order to construct an automobile service station. The request has been reduced to one variance which will be discussed later this evening. The property is located just north of 53rd Avenue and north of the existing Amoco station which the couple leases. Mr. Hickok stated that there was an alley that traverses the property on the north end and runs down the east side of the property to 53`d Avenue. Mr. Hickok stated that the Bonas requested the rezoning of the property described as lots 24 and 30 of Hamilton's Addition of Mechanicsville. Repair garages are permitted by special use permits in the C-2, General Commercial District. The proposed facility causes the parking to encroach on the R-3 properties to the north. R-3 District would allow multi-tenant residential development, the land is 25,596 square feet. Based on that land area as many as fourteen residential dwelling units could exist on this site. Undeveloped multi-family property in this community is very rare. The rezoning request, as reviewed by staff, matched with standard criteria, the proposal request must match the criteria in all three instances, if not the rezoning request fails to receive the positive staff recommendation. Compliance with district standards is required. In this case a 20 foot variance would still be needed, which would raise the question if this truly complies with performance standards being sought in the rezoning. It states that the proposal needs to meet all of the performance standards of a district. In this case it would need a variance to meet the performance standards. The analysis also reveals that the requirement for the variance clashes with that criteria. Therefore, it was staff's recommendation for Council's approval. Staff recommended to the Planning Commission that the rezoning occur with stipulations. The Planning Commission recommended approval of the rezoning with two stipulations with the stipulations changed to reflect that they felt the overhead doors facing University Avenue were not objectionable. FRIDI.EY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 17 Councilmernr Wolfeatstated that when Mr. Jorgenson orders snowmobiles, he has to order a certain amoun no mter what the demands are. Mr. Hickok stat d that Chopper City Sports needs to anticipate the amount of merchandise they receive, and it ne ds to be warehoused if it cannot fit on the site. Councilmember B lings asked Mr. Jorgenson if the one week in August was the only time he had too many items laced in front. Mr. Jorgenson stated hat was correct. Councilmember Billin asked Mr. Jorgenson if they are anticipating the same problem next August, September and ctober. Mr. Jorgenson stated that he does not want to sell that many, but he has to take that many snowmobiles. Councilmember Billings state that he knows there are warehouses around the vicinity such as near County Road E and Snel 'ng Avenue. He was empathetic to Mr. Jorgenson's problem of having too many sleds, but if the were more securely stored he would not have this problem. Mr. Jorgenson stated that this ye they only pre-sold fifteen snowmobiles. They have to wait until they sell to assemble them. Councilmember Billings stated that he ould possibly work with his supplier to see if they could warehouse the sleds until there is room them. Mr. Jorgenson stated that the problem is t t they do not make money on the sleds. They pay people to take the sleds. They only make oney on the parts and service. By November he should be down to 150 sleds which would stor easier in the rear of the building. Mayor Jorgenson asked Mr. Jorgenson if he un rstood what was being proposed to keep the public hearing open. In the event that the stock ex eeds the height of the fence, or there are too many items in front, the revocation process would s all over again after January 24, 2000, if the special use permit codes are violated again. Mr. Jorgenson stated that he understood. Mayor Jorgenson thanked Mr. Jorgenson for coming in. MOTION by Councilmember Wolfe, seconded by Councilor ber Bolkcom, to extend the public hearing for Special Use Permit, SP #89-14, until January 2 , 2000. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGEi ON DECLARED THE MOTION CARRIED UNANIMOUSLY. i FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11 1999 Pt Councilmember Billings asked Mr. Hickok if the parcel was part residential and 1, commercial, and if there are provisions in the rezoning if the lot is adjacent to commercial fo parking on R-3. Mr. Hickok stated that was correct. City Code does allow by special use, parking in an R-3 district. The proposal was for a multi-bay quick lube facility that measures 35 feet by 140 feet. The property line for this building runs east and west. Everything north of that is R-3, Multi- family Residential. Staff was seeking to have developments have a consistent zoning when parking is required for this facility. This building would only be three feet from the property line of an R-3 district. Fifty feet is required. This was an almost insurmountable precedence in this condition. Councilmember Billings asked if the two parcels have two separate tax identification numbers. Mr. Hickok stated that it has two separate tax identification numbers. Councilmember Wolfe asked if the doors opening towards University was something staff was opposed to. Mr. Hickok stated that the site plan proposed could be modified to eliminate five of the six variances. The remaining variance was for the building itself. The petitioner asked for a variance to allow the building to sit closer to the rear lot line, closer to a residential property. This also puts the parking in front of the facility and seven overhead doors facing University Avenue. Mr. Hickok stated that much discussion with staff and the Planning Commission pertained to the emphasis put on the image for the vision process for the comprehensive plan and the image of the corridor. Overhead doors facing University Avenue is contrary to the image that is being sought to create for the corridors. If the noise is projected beyond the property line whether the building is faced east or west, it is too noisy for the property. By turning the building around gives a proper distance between the alley with a screening fence along the alley. There would be a storefront appearance along University Avenue, and it would take all of the parking out of the front yard. It also provides a great opportunity for nice landscaping. Council has to decide if this is an appropriate use for this site if noise is a problem. Is the noise any better to send across University Avenue when The Minnesota Department of Transportation tells us that the noise is at a level that can be of concern to residents. Residential is right across University Avenue. Councilmember Wolfe stated that he felt that since there is already noise coming from University Avenue having the doors facing University Avenue would not affect the noise level much. Councilmember Bolkcom asked why there could not be one door opening to the bays with a drive aisle. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE, 20 Mr. Hickok stated the Planning Commissioner considered that similar to the Tires Plus facility with an internal drive aisle. If the site was a bit deeper they would hold on to that recommendation, but it would create many variance problems. Mayor Jorgenson asked Mr. Hickok if the building could be moved to the south to avoid the variance. Mr. Hickok stated that is was as close to the lot line as it can be. Mayor Jorgenson stated that she was having a really hard time with the impact this would have on the residential neighborhood and also with rezoning property that is R-3 to C-2, because there is so little of that kind of property left. Mr. Brian Bona, the petitioner, stated that he was brought up in the service station business. His father started an operation in Columbia Heights right across from the fire station which still exists today. Mr. Bona now runs this business. It is a six bay auto repair with six mechanics. They do not advertise, and the business is built on trust and word of mouth which spans three generations. His children are now stepping in to help out. That is what inspired him to expand into Fridley. He wanted something very similar to what he has in Columbia Heights. He felt he would be very friendly to the City of Fridley. His Amoco station was a rather beat up operation which he is slowly recovering right now with renovations. Amoco does own the building. Mr. Bona is the leasee so he has limitations to what he can do. Mr. Bona stated that he would like something reminiscent of what you would see on Grand Avenue, or downtown Stillwater, with a traditional look creating some pizzazz. He has taken the neighbors opinion into consideration with their view of not wanting the overhead doors facing them. There are no protesters to Mr. Bona's plan. The neighbors are concerned about having the parking lot facing them also. He wants to run a clean operation. He has tried to clean things up by mowing the highway grass and weed whacking every two weeks. He has scheduled litter pick-up along the highway. He tries to appeal to a good clientele of folks by playing piano music over the gas pumps to hopefully shun away the people with their boom boxes turned up full volume. He felt he was achieving the storefront appeal with his architecture and landscaping. The berming would soften that blow. Councilmember Wolfe asked if the garage doors on Mr. Bona's proposed plan are facing the residents. Mr. Bona stated that the garage doors would be facing University Avenue. Mr. Bona stated that the building design would include the old fashioned kind of a brick that you would see on the Stillwater buildings. The lintel that goes across the top would be like an off- white molding type of lintel to give more architectural appeal. The front of the storefront would be more like recessed wood you would see at Barnes and Noble bookstore painted probably in theme type of scenes. The signage would probably be black signs with gold lettering, not something that would stand out. They do not paint things on their windows. They are sensitive to the neighbors concerns at their present service station. FRIDLEY CITY" COUNCIL MEETING OF OCTOBER 11 1999 P Mayor Jorgenson stated that she heard or read that there may have been some objection from of the neighbors. Mr. Hickok stated that there was no submitted objection for the record, but he does think there was a discussion earlier about the trucks parking on the property. He has not received any petitions. Mr. Bona stated that one neighbor started a petition about parking trucks on the property, and he did receive one signature from a neighbor who has since apologized to Mr. Bona for signing the petition. Mayor Jorgenson asked if there was a building on this property that suffered from a fire. Mr. Bona stated that it was Minnesota Petroleum. Mayor Jorgenson asked if the property at the time Minnesota Petroleum was there was zoned C-2 and then rezoned to R-3. Mr. Hickok stated that Minnesota Petroleum was on the site that is now the quick lube site. The R-3 was undeveloped, and the building was considerably smaller. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE PUBLIC HEARING WAS CLOSED AT 10:15 P.M. NEW BUSINESS: 21. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS(REZONINGREQUEST,ZOA #99-04, BY BRIAN AND JACQUELINE BONA) (WARD 1): MOTION by Councilmember Billings to table item 21 until after discussion of item 22. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Need discussion. 22. SPECIAL USE PERi�1IT P #99-09 BY BRIAN AND JACQUELINE BONA TO ALLOW A PROPOSED A TO REPAIR FACILITY IN THE CURRENT C-2 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 1999 PAGE 22 GENERAL B SINESS DISTRICT GENERALLY LOCATED AT 5333 UNIVERSITY AVENUE N.E. WARD 1): Mr. Hickok, Planning Co rdinator, stated that this request was related to the same item as discussed previously. Auto epair is listed as a special use permit opportunity in the C-2 district, and compatibility with adjac t uses is key in the review for special use permits. The City must consider the nature of the nee boring building and land, effects on traffic, noise created by the use, and other impacts on su unding properties. The code is very specific about minimal criteria required for special use or repair facilities. In addition to the minimum criteria, staff recommended approval with stip ations. The Planning Commission heard the stipulations and recommended approval with those tipulations plus four more stipulations. Stipulation No. 8 to have the building with the doors fa 'ng University Avenue. Staff recommended that Council's approve the original thirteen stipulati s with nine more: 1) The site plan shall be submitted and approved by Staff prior to issuance f the building permit. Site plan shall reflect building position that eliminates all variances d places all overhead doors facing east; 2) Staff recommends the following stipulation s that in the event the variances are all denied, the stipulations from the variances are still va 'd, and should be then approved with the special use permit; 3) No outward display of mercha ise is to be permitted on the site; 4) To insure adequate circulation for fire, police and sn wplows' the petitioner shall dedicate the street easement and connect the pre-established alley the University Avenue service road cul-de-sac, final design to be approved by Staff; 5) All fence g shall be located entirely on the petitioner's own property; 6) Parking area shall be screened fr the right-of-way by combination of berms, and plantings of at least three feet in height; 7) Cod required five foot sidewalk easement shall be granted along the entire west edge of the propert • 8) The petitioner shall comply with all County, State, and Federal regulations regarding the dis sals of batteries and other materials; 9) Staff recommends that the entire package of stipulate ns go along with the first thirteen stipulations to insure building location and elimination of v ances; Councilmember Billings asked Mr. Hickok if the petitioner w Id have to pay for the alleyway as stipulated in Stipulation No. 13. Mr. Hickok stated that was correct, and it seemed to be an issue for t e petitioner in the previous discussion. Councilmember Billings asked Mr. Hickok if staff was saying that if noun was an issue then the special use permit should not be granted at all. Mr. Hickok stated that was correct. Councilmember Billings asked Mr. Hickok if the neighbors on the west side o University Avenue would get the benefit of increased sound in the doors faced University Ave n e. If the doors face the east, then the neighboring residents to the east would get the benefit of i reased sound. He asked if it is staffs contention that the neighbors would help police the ound problem. Mr. Hickok stated that was correct. FRIDLEY CITE' COUNCIL MEETING OF OCTOBER 11 1999 PA 29 MOTION by Councilmember Billings to remove Item number 22 from the table. conded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON D CLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings to approve Special Use Perm' , SP #99-09 with the stipulations as follows (stipulation eight restated). Seconded by Cou ilmember Barnette with the following stipulations: 1) The special use permit for an automobi service station is only for the uses noted in the definition; 2) The use shall not provide r the outdoor operation of lubrication equipment, hydraulic lifts or service pits; or the outd or display of merchandise; 3) The property shall not be used as a place of storage or depo tory of wrecked, abandoned or junked motor vehicles or the display of used motor vehic es or the display of new motor vehicles; 4) All required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles or the display of used motor , hicles or the display of new motor vehicles; 5) All required buffer or screening area shall b so constructed as to obstruct headlight beams of motor vehicles on the station property om beaming into adjacent residential properties; 6) A landscape plan will be required to submitted and approved by staff prior to issuance of a building permit; 7) The petitioner' proposal shall not include, nor shall the ID petitioner, his successors or heirs all prohibited ctivities on this site. (i.e. heavy duty repair garages); 8) The site plan shall be submitted and approved by staff prior to issuance of a building permit. Said site plan shall reflect a building sition that eliminates all variances and places all overhead doors facing University Avenue; 9 The site plan for this proposal shall be submitted and approved prior to issuance of a buildi permit leaving the service doors facing University Avenue; 10) A site lighting plan shall be ubmitted and approved prior to issuance of a building permit; 11) The property owner shall ob ain all necessary building permits prior to construction; 12) A landscaping plan meeting all co requirements, plus an additional six large (4 feet caliper or greater as measured six feet above rade) trees shall be added to compensate for trees removed from public right of way. Plan s all be approved by staff prior to issuance of the building permit. A bonding requirement w' ensure the landscaping will meet building code; and 13) The alleyway east of the property sha be restored and paved prior to issuance of building permits. Councilmember Billings state that a fourteenth stipulation should be added regarding the other three sides of the buildings o whether the garage doors should be open or closed. MOTION by Councilm ber Billings, seconded by Councilmember Bolkcom, to add a fourteenth stipulation as follows: The materials used in construction on all four sides of the building shall be appro ed by staff prior to issuance of the building permits. UPON A VOICE V TE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CA D UNANIMOUSLY. 23. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA BY MAKING A CHANGE IN ZONING t FRIDLEY CITY COUNCIL MEETING OF-OCTOBER 11, 1999 PAGE 30 DISTRICTS (REZONING REOUEST.ZOA #99-04 BY BRIAN AND JACQUELINE BONA) MOTION by Councilmember Bolkcom to remove Item number 21 from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve ZOA #99-04, with the stipulation as follows: 1) The parcel shall be combined with the parcel of the south as one parcel. UPON A VOICE VOTE, ALL VOTING AYE, COUNCILMEMBERS BILLINGS, BOLKCO,-vI, `VOLFE, AND BARNETTE VOTING AYE, MAYOR JORGENSON VOTING NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED FOUR TO ONE. 24. RESOLUTION NO. 82-1999 ADOPTING ASSESSMENT FOR 1999 NUISANCE ABATEMENT: MOTION by Councilmember Bolkcom to a rove the resolution adopting assessment for 1999 nuisance abatement. Seconded by Councilme ber Billings. UPON A VOICE VOTE, ALL VOTING AYE, IAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 25. RESOLUTION NO. 83-1999 ADOPTING SSESSMENT FOR 1999 SERVICE CONNECTION: MOTION by Councilmember Billings to adopt the r\iopting assessment for 1999 service connection. Seconded by Councilmember Bolk UPON A VOICE VOTE, ALL VOTING AYE, MAYNSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 26. RESOLUTION ADOPTING ASSESSEMEN `VEED ABATEMENT: MOTION by Councilmember Bolkcom to table the resolution adop ' or assessment for 1999 weed abatement connection. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSO DECLARED THE MOTION CARRIED UNANIMOUSLY. ORDINANCE NO. 1134 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. Be and is hereby rezoned subject to the stipulations adopted at the October 11, 1999, City Council meeting. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 24-30,Hamilton's Addition to Mechanicsville, as recorded at the office of the Anoka County Recorder, generally located north of 5333 University Avenue. Is hereby designated to be in the Zoned District C-2 General Business. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3, General Multiple I Family Dwelling to C-2, General Business. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25TH DAY OF 1999. CYFQNPF-MAYOR ATTEST: la&a4�e� DEBRA A SKOGEN-gITY CLERK Public Hearing: October 11, 1999 First Reading: October 11, 1999 Second Reading: October 25, 1999 Publication: November 4, 1999 TORRENS ' 1%<-/) ❑ Certified Copy Receipt# `[ IP 6 Date Mailed 4�Date,T 1 2000 /I q:ex-) El Tax Liens/Releases DOCUMENT NO. 347957 . 0 TORRENS Doc.Order ( of ❑ Multi-Co Doc Tax Pd ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE by: Recordability: F-1 Transfer New Desc. FOR RECORD ON JAN 11 2000 Filing Fees. ❑ Division ❑ GAC AT 5 : 00 PM AND WAS DULY RECORDED. ❑ Def.S FEES AND TAXES IN THE AMOUNT OF $19 . 5 0 El Status pec PAID. Well Certificate Received this Date: ❑ Other -E3'r o Change RECEIPT NO. 2 0 0 0 0 0 4 6 9 5 �fl/ EDWARD M.TRESKA Refund Rec't# Notes: o ANOKAC0UNTYPROPER TYTAX ADMINISIRA TOR/RECORDER/RE GIS IRA ROFTITLES From Iq #of Comp. Ry RP Cert.# 0 ��-I New Certs.: Entry Tract Comp. DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Typed Updated: / Complete 7 BK 2�CoPG NO 347957.0 TORR(-NS FRIOLE-Y CITY OF VALERIE ERICKSON 6431 UNIVERSITY AVE ttiiE FRIDLLY, MN 55432