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PLM 01/20/2021 FRIDLEY PLANNING COMMISSION WEDNESDAY JANUARY 20, 2021 7:00 P.M. VIA ZOOM MINUTES CALL TO ORDER Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. ROLL CALL PRESENT: David Kondrick, Mark Hansen, Terry McClellan, John Buyse II, and Ross Meisner. ABSENT: Ryan Evanson and Mike Heintz OTHERS PRESENT: Stacy Stromberg, Planning Manager Matthew Rasmussen, City of Minneapolis Steve and Sue Schmit, Schmit Towing Brian Emrich, Calichi Design Group Bruce Carlson, Launch Properties Paul Tucci, 2C Development APPROVE MINUTES September 16, 2020 Motion by Commissioner Meisner to approve the minutes. Seconded by Vice Chairperson Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 1. Consideration of a Lot split, LS #21-01, by the City of Minneapolis, to split off the northern portion of their property at 4500 Marshall Street. Motion by Commissioner McClellan to open the public hearing. Seconded by Vice Chairperson Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planning Manager, stated the request is being asked to split 43.55 feet of land along the northern boundary of the property. This request will help facilitate a Fridley Planning Commission Meeting January 20, 2021 Page 2 of 20 land swap between the City of Minneapolis and Anoka County Parks. Currently Anoka nd County Parks owns three parcels of land south of 42 Avenue that are adjacent to the City of Minneapolis Waterworks campus. The City of Minneapolis would like to acquire those parcels to add them to their campus to use them for an electrical upgrade. Ms. Stromberg stated after the split, the 14,000 square feet piece of land will be combined with the park land and will become part of Riverfront Park; and the remaining parcel is about 162,000 square feet. The request is simply facilitating a land swap for the City of Minneapolis and the Anoka County Parks Department. Staff does recommend approval of the lot split. Vice Chairperson Hansen stated he noticed a portion of the regional trail on the south end is on a sliver of that property. Is any of the work that Minneapolis is contemplating going to affect that trail? Matthew Rasmussen, City of Minneapolis, replied, none of the work they have planned will affect the trail. Commissioner Meisner stated as to the strip of land to the north that would go to the park, is there anything on that land that would give the park a little bit of a headache about using it? Mr. Rasmussen replied, no, right now it is being utilized by Rice Lake Construction in their filter plant rehab update. At the completion of the project, they would be moving the fence line at their cost to establish the new boundary. He believed the only thing there may be is a TCE Monitoring Well; but he is sure the Park is very familiar with having those on their property. Mr. Rasmussen replied, actually the Anoka County Parks is rather excited because the Kiosk Parcels land tends to be a gathering site for individuals staying over at the railroads so they tend to have to do cleanup every spring. Commissioner Buyse asked, do they know what the Park plans to do with the land? Mr. Rasmussen replied, as far as he knows the Park’s plan is to just absorb it. That has always been kind of a buffer area because they have their disc golf course on that section of park. They would be just taking it over as green space. Motion by Commissioner McClellan to close the public hearing. Seconded by Vice Chairperson Hansen. Fridley Planning Commission Meeting January 20, 2021 Page 3 of 20 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:11 P.M. MOTION by Commissioner Meisner approving a Lot Split, LS #21-01, by the City of Minneapolis, to split off the northern portion of their property at 4500 Marshall Street. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Consideration of a Special Use Permit, SP #21-01, by Schmit Towing, Inc., to allow outdoor storage on the lot across the street from their rd business at 92 - 43 Avenue, owned by Burlington Northern Santa Fe. The lot will be used for storage of impounded vehicles, generally th located at 80 – 44 Avenue NE. Motion by Vice Chairperson Hansen to open the public hearing. Seconded by Commissioner Meisner. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:14 P.M. Stacy Stromberg, Planning Manager, stated the petitioner, Joe Buck of Schmit Towing, is requesting a special use permit to allow outdoor storage of impounded vehicles on the rd lot across the street from the Schmit Towing’s business which is located at 92 - 43 Avenue. The lot to be used for outdoor storage is owned by Burlington Northern Santa th Fe (BNSF) and is addressed as 80 - 44 Avenue. Ms. Stromberg stated the petitioner has entered into a lease agreement with BNSF to allow outdoor storage in the southwest triangular corner of the BNSF site. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial. The existing building was constructed in 1965, and BNSF have occupied it since the 1970’s. Over the years the triangular piece of property involved in this request has been used for parking and outdoor storage. Ms. Stromberg stated in the summer of 2019, the City’s Code Enforcement Intern notified BNSF that they were using this area for outdoor storage, without a special use permit. Fridley Planning Commission Meeting January 20, 2021 Page 4 of 20 Staff then worked with BNSF to either obtain a special use permit or remove the outdoor storage. In the end, they decided to remove the outdoor storage. Ms. Stromberg stated shortly after the area was cleaned up, staff received a call from Schmit Towing asking if they could use that area to store impounded vehicles. Staff advised Schmit to work with BNSF to see if they were agreeable to that, and also talked them through the special use permit process. The petitioner has since been able to work out a lease agreement with BNSF, which has resulted in this application. Ms. Stromberg stated City code allows limited outdoor storage in the industrial districts with a special use permit that is up to 50% of the building’s footprint. The existing BNSF building is approximately 50,558 square feet, so City code would allow up to 25,279 square feet of outdoor storage on this property. Ms. Stromberg stated the triangular portion of the property is 29,911 square feet. To use this area for outdoor storage, the code requires that the area be paved and curbed, which then triggers storm water requirements to be met. As a result, the petitioner plans to have a rain garden installed on the north side of the outdoor storage area. The remainder of the area will be used to store the impounded vehicles, which is 25,279 square feet, therefore, complying with the code requirements for 50% of outdoor storage space. Ms. Stromberg stated the existing area is already fenced in and has a gate to access it on the south side. Along with the installation of the new paved parking area, curb, and rain garden, the perimeter will also need to be landscaped, which the petitioner is aware of and has planned for. Ms. Stromberg stated City Staff recommends approval of this special use permit as limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The outdoor storage area shall be limited to the area outlined in the plan submitted by Schmit Towing dated 12/18/2020. 2. The petitioner shall obtain a land alteration permit prior to any work commencing for the outdoor storage area. 3. Access drive aisles within impounded vehicle lot shall remain clear to allow for Fire access. Fridley Planning Commission Meeting January 20, 2021 Page 5 of 20 4. Storage of towed vehicles is only allowed within the approved outdoor storage area and Schmit Towing property, storage of towed vehicles within the public right-of-way is not allowed. 5. Vehicles stored in the outdoor storage area shall be in working condition and not leaking any fluids. Commissioner Buyse asked why would Burlington Northern not be the ones requesting this change because it is their property and they are still going to own it. Ms. Stromberg replied, they have signed off on the application; and they have entered into a lease agreement with the petitioner, so provided they are okay with it, the City cannot tell them what they can store in their outdoor storage area. Commissioner McClellan asked whether the inventory rotates through there fairly regularly or is this long-term storage and are there parking issues or anything like that? Mr. Schmit, Schmit Towing, replied, these vehicles would be rotated through. It would not be long-term storage. Vice Chairperson Hansen stated hopefully there isn’t but if there needs to be some code enforcement actions in the future, how does that work with the user not owning the property here? Ms. Stromberg replied, ultimately Burlington Northern would be responsible for anything that happens on site because it is their property, but with the special use permit in place they have a contract with the petitioner saying they need to abide by these rules. If there were violations, the City would notify them, hopefully work through those with them, before they would bring it to Council for further action. However, there is always that option if there are continued violations, they can bring the item back to Council for further review. Sue Schmit, Schmit Towing, replied, in that respect, they have worked with the City of Fridley a long time. They appreciate the relationship and any issues if there would be forthcoming, they would definitely work with or address with the City of Fridley. Commissioner McClellan asked how many vehicles might be stored at any particular time? Is that 20 or 200? Mr. Schmit replied, he really cannot give a definitive answer. Right now they are still jammed into their current spot. It will just allow them more operating room. Typically Fridley Planning Commission Meeting January 20, 2021 Page 6 of 20 there will be 25 there, but there could be more. They get surges, too, so potentially there could be more than that. Ms. Schmit stated they are currently having a surge because of the snow. They have done some lot clearing so then you bring in the vehicles, and then people come pick them up. So when the surge happens, it lasts about a day or two, and it is gone away again. It is hard to predict that. Commissioner Meisner asked whether the fencing is security fencing or is it privacy fencing? Mr. Schmit replied, it is currently chain link fence and there will be eight pine trees planted next to the fence for some screening. They would like to keep an open chain link fence mainly for when the police come by so they can see into the lot. Commissioner McClellan stated that makes sense. Commissioner Meisner replied, that does make sense; however, he remembers a past issue where there was some issue about sightliness and someone had to put up an opaque fence. That sort of thing does not apply in this situation? Ms. Stromberg replied, they prefer if people can use landscaping as screening to use it; and in this situation it seems to be the best option considering the security issues that will be present. The City is okay with this solution. th Vice Chairperson Hansen asked, was there any discussion about screening along 44 Avenue? Ms. Stromberg replied, they did have a discussion with Anoka County related to what thth they thought because 44 Avenue is their roadway; and when you are driving along 44 Avenue you can see down into the outdoor storage area. It would be very hard to screen that unless they are talking about installing very large, already established trees. Provided the vehicles in the lot look somewhat presentable, and it does not become a junk yard, they will meet the intent of the code. th Chairperson Kondrick stated he drove by there and you are up pretty high on 44. You can look down inside. Vice Chairperson Hansen stated, yes, it would be pretty hard to screen. Fridley Planning Commission Meeting January 20, 2021 Page 7 of 20 th Commissioner McClellan asked, isn’t there a grain elevator on the north side of 44? It is really industrial there. Mr. Schmit stated they did hear this concern a few months ago and at that point they also made a decision on their end there would be no crashed cars in there. Even if people did look over, it is going to look like a parking lot. There will not be any accident damaged cars there which will also alleviate any leaking of hazardous fluids. Chairperson Kondrick asked the petitioner whether he was aware of the five stipulations? Mr. Schmit replied, they are fully aware of them and have no problem complying. Motion by Commissioner Meisner to close the public hearing. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:28 P.M. Chairperson Kondrick stated this is pretty easy. They are accommodating themselves and the City. They are doing the few things the City is asking. He has no problem with this. MOTION by Commissioner McClellan approving Special Use Permit, SP #21-01, by Schmit Towing, Inc., to allow outdoor storage on the lot across the street from their business at rd 92 - 43 Avenue, owned by Burlington Northern Santa Fe. The lot will be used for storage th of impounded vehicles, generally located at 80 – 44 Avenue NE with the following stipulations: 1. The outdoor storage area shall be limited to the area outlined in the plan submitted by Schmit Towing dated 12/18/2020. 2. The petitioner shall obtain a land alteration permit prior to any work commencing for the outdoor storage area. 3. Access drive aisles within impounded vehicle lot shall remain clear to allow for Fire access. 4. Storage of towed vehicles is only allowed within the approved outdoor storage area and Schmit Towing property, storage of towed vehicles within the public right-of-way is not allowed. 5. Vehicles stored in the outdoor storage area shall be in working condition and not leaking any fluids. Fridley Planning Commission Meeting January 20, 2021 Page 8 of 20 Seconded by Commissioner Buyse. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Consideration of a Variance, VAR #21-01, by Calichi Design Group, to reduce the front yard parking setback for the property located at 5400 Central Avenue. The variance is being requested to allow the construction of a new Bank of America building. Motion by Vice Chairperson Hansen to open the public hearing. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:31 P.M. Stacy Stromberg, Planning Manager, stated the petitioner, Brian Emrich with Calichi Design Group, is requesting a variance to reduce the front yard hard surface setback from 20 feet to 2 feet. This variance is being requested to reduce the front parking setback and to allow the redevelopment of the existing Ember’s property, with the construction of a new Bank of America building. Ms. Stromberg stated the subject property is located on the northwest corner of Central rd Avenue and 53 Avenue, on the southern edge of the City. A restaurant use has existed on the property since the property was developed in 1956. In 2015, when the property to the south was going through the redevelopment process, staff advised the petitioner and property owners to ask for a rezoning from C-3, General Shopping to C-2, General Business for both the properties at 5300 and 5400 Central Avenue. A rezoning would make the lots conforming to lot size requirements and would further help with redevelopment. As a result, a rezoning was approved in 2015 when the property to the south was redeveloped from a gas station use to the existing multi-tenant retail building. Ms. Stromberg stated they can see on the aerial photo she presented with the Starbucks buliding there is parking and a drive aisle and also signage and landscaping within the 80- foot section of land that is actually City right-of-way. So when that property was redeveloped, the City entered into an easement agreement with the owners so they could locate the parking, landscaping and drive aisle in that area. The Embers site is accessed through this 80-foot right-of-way and also traverses a piece of what is the Starbucks property to enter into the parcel. Fridley Planning Commission Meeting January 20, 2021 Page 9 of 20 Ms. Stromberg stated Launch Properties, a local real estate developer who was also involved in the redevelopment of 5300 Central Avenue and is joint petitioner on this request, is proposing to purchase the subject property and demolish the existing Ember’s building. They will then construct a 4,136 square foot single-story bank building with a drive-up ATM island and canopy. The new building will be constructed roughly in the same location as the existing building. There will be new curb, gutter, parking area, improved stormwater mitigation, and landscaping which will all be part of the project. Ms. Stromberg stated the property was developed in 1956 with the construction of the restaurant building. At that time, the code required a 35-foot front yard setback for the building, however the code was silent when it came to a hard surface setback. The existing parking lot is as close as .78 feet from the property line at certain points. City code requires a 20-foot front yard setback for hard surface parking areas. The petitioner is seeking a variance to reduce that requirement to 2 feet. Ms. Stromberg stated as the Commission knows, variances can only be granted if practical difficulties exist on the property. Practical difficulties need to be based on five factors as folows: 1. Is the variance in harmony with the purpose and intent of the ordinance? The intent of the front yard hard surface setback is to ensure there is sufficient room for green space and separation and between the right-of-way and parking lot. The proposed setback reduction is consistent with the neighboring property and will only be a slight change from what exists today. 2. Is the variance consistent with the Comprehensive Plan? The Comprehensive Plan does guide this property as commercial redevelopment so it is consistent with the Plan. 3. Does the proposal put the property to use in a reasonable manner? The proposed redevelopment of the property as a commercial entity is a reasonable use, and the proposed setback reduction is reasonable given that access to this property is limited. 4. Are there unique circumstances to the property not created by the landowner? Unique circumstances do exist on the property. Site access is limited through an easement with the property to the south and the City which limits how the property can be entered and exited. There is also a steep slope on the north and west sides of the property that create unique circumstances which limit where the building can be placed on site. Fridley Planning Commission Meeting January 20, 2021 Page 10 of 20 5. Will the variance if granted alter the essential character of the locality? The proposed development will not alter the essential character of the locality and will continue to create a consistent look along the Central Avenue corridor. Ms. Stromberg stated staff does recommend approval of the variance request with stipulations as practical difficulties do exist. Staff recommends that if the variance is granted, the following stipulations be attached: 1. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. The City’s Engineering department – including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d. The City’s Planning department – including but not limited to landscaping, lighting, and signage plans, and 4-sided architecture. 2. The petitioner is strongly encouraged to participate in Xcel Energy’s Energy Design Assistance program in order to identify energy and cost-saving strategies. Ms. Stromberg stated the reason for the additional language on Stipulation 1 is, as they may recall, for most of the City’s new developments, the City requires 4-sided architecture and when the City received the elevations of the proposed project, they will see that the back of the building really looks like the back of a building so it is providing the 4-sided architecture the City typically approves with its development projects. Ms. Stromberg stated examples of 4-sided architecture are, new Dunkin Donuts building rd at 83 and University. As they can see the backside of the building that faces University Avenue looks just as or close to as nice as the front side of the building with the added awnings and the glass. Another example is the Sherwin Williams building that is being constructed now in the Slumberland parking lot. When they came in for their building permit application, staff had them make some adjustments to the backside of their building as well by installing an awning and additional windows. That is what the City is trying to get at with this new building and so she wanted to add that additional part onto the stipulations today. Commissioner Meisner asked whether the front setback is the east side of the lot along Central, right? Chairperson Kondrick replied, yes. Fridley Planning Commission Meeting January 20, 2021 Page 11 of 20 Commissioner Meisner asked if this is at all related or impacted to the next item of the agenda? Ms. Stromberg replied, they are independent. They had been talking with both developers on and off, and ironically they submitted applications on the same deadline. They know each other and she does believe they are going to be working together when it comes time to construction and utilities, etc. Commissioner Meisner asked whether there are no dependencies, if one works, the other one causes a problem, vice versa. Ms. Stromberg answered, no there isn’t. Commissioner Buyse stated he read in the notes they received prior to the meeting there are currently two entrances and exits to this parcel and now there will only be one. There will no longer be the southwest corner entrance/exit. He asked whether that is going to cause any issues with Starbucks or any of those businesses in the south parcel, receiving deliveries or large trucks trying to get in there? Ms. Stromberg shared the site plan again. Commissioner Meisner interrupted and stated he did have to leave. He had no issues with this item or the next one. Commissioner Meisner left the meeting at 7:44 P.M. – a quorum remained in attendance for the rest of the meeting. Ms. Stromberg asked the petitioner to speak to this more specifically but from what she understands, reducing the amount of entrance/exits on this parcel is actually going to be helpful to the Starbucks because it will help with their drive-thru situation. It is also going to make a clear exit for people leaving the bank as opposed to confusion over which one should I take. Brian Emrich, Calichi Design Group, stated he’s the proposed tenant’s civil engineers and joint applicant with Bruce Carlson, who will be the owner/developer with Launch Properties. Between the two of them he is hoping they can answer most questions. He agreed with everything Ms. Stromberg mentioned about vehicular circulation. The one access point for the bank, that combined with the need for the drive-up ATM is really the preferred layout from a vehicular circulation standpoint. Fridley Planning Commission Meeting January 20, 2021 Page 12 of 20 Bruce Carlson, Launch Properties, introduced himself and Joe Rickenbach the owner of Embers who is also on the call. Some of them may remember him as he was the developer for Totem Foods and the Family Group that removed the gas station and redeveloped the property to the south with the Starbucks. They do have support from Totem Food to remove the one access, as it will help with the drive thru. He asked Ms. Stromberg to share the site plan. They can see how on the aerial photo the blue car is already sticking out in front of the drive aisle waiting in the drive thru, this is a very popular site. Having the additional access point open does not really help with a delivery truck operation. Commissioner McClellan asked whether the intent is they go in and go counterclockwise around the bank building and then go through the drive-up ATM, and that would be directed by arrows, etc.? Mr. Carlson replied, correct. One of the things to remember is, first off, currently there are 56 parking spaces at the Embers; and they are turning that into 14 spaces which is really unheard of and allows them to do a lot of good things. One of the things that they are doing, is tripling the amount of green space on this lot. Mr. Carlson stated they are actually leaving the parking exactly the way it is and removing five spaces. However, because of the new codes it does not fit; but they are not pushing east or trying to grab something that is not already there. They are going to have a lot less cars here from the restaurant use to a bank use. Also note it is very complementary because it is a late morning business and it shuts down in the evening allowing for ease of traffic for the Starbucks development to the south. Chairperson Kondrick stated the last thing they need to talk about is the architecture. He asked if he understands the direction the City would like him to move in as far as the back of this building. He asked Mr. Carlson if he had an answer for that? Mr. Carlson replied, beauty is in the eye of the beholder; and he is not an architect. They did have this conversation with staff, and he has had conversations with Bank of America. Although they do not have anything they can talk about or show tonight, he understands, and he thinks Bank of America staff understands. The reason that all the money went into the front is really you are not going to see the back. It is screened with a large number of trees; it sits up on a high hill; but there are some things that can be done easily to meet the City’s requirements. They would like to come back and take a crack at making that acceptable and bring that to City Council. Chairperson Kondrick stated that would be wise of him. Fridley Planning Commission Meeting January 20, 2021 Page 13 of 20 Commissioner McClellan stated although he tends to sympathize with Mr. Carlson’s point that there is nothing to see except for the drive-up folks who are driving around the back of the building, but he is sure that the end user wants to be considered a good citizen and have everything look as nice as it can. Mr. Carlson stated he did not get tremendous pushback with the Bank of America staff so he thinks this will get their attention and they will then bring forth something. Motion by Commissioner McClellan to close the public hearing. Seconded by Vice Chairperson Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:55 P.M. Chairperson Kondrick stated he is for this idea. Vice Chairperson Hansen stated he is for it as well. Mr. Carlson is right in that it will generate a lot less traffic than what is there today although. That area is still kind of a traffic mess. Perhaps MnDOT could contemplate doing something there to help all of these businesses thrive in the long term. Commissioner Buyse stated he thinks it is overall a good idea. It is a good thing for the area and agrees the traffic situation there is crazy so this will obviously help a little bit. As a frequenter of all those businesses in that area it will be nice to have a little bit less traffic in that area, and it will look nicer. Motion by Commissioner McClellan accepting a Variance, VAR #21-01, by Calichi Design Group, to reduce the front yard parking setback for the property located at 5400 Central Avenue. The variance is being requested to allow the construction of a new Bank of America building with the following stipulations: 1. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. The City’s Engineering department – including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d. The City’s Planning department – including but not limited to landscaping, lighting, signage plans, and 4-sided architecture. Fridley Planning Commission Meeting January 20, 2021 Page 14 of 20 2. The petitioner is strongly encouraged to participate in Xcel Energy’s Energy Design Assistance program in order to identify energy and cost-saving strategies. Seconded by Commissioner Buyse. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Consideration of a Variance, VAR #21-02, by 2 C Development, to request 2 variances, (1) to reduce the front yard parking setback and (2) to reduce the front yard setback for a building on the vacant lot rd located at 775 - 53 Avenue. These variances are being requested to allow the construction of a new retail building for a Dollar Tree. Motion by Vice Chairperson Hansen to open the public hearing. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:00 P.M. Ms. Stromberg stated Paul Tucci, 2C Development, has requested two variances for the rd property at 775 - 53 Avenue NE. These requests include: a reduced front building setback from 80 feet to 71 feet and a reduced parking setback from 20 feet to 2 feet. Ms. Stromberg stated the property is located on the East side of the Target access drive, rd north of 53 Avenue. It is zoned C-3, General Shopping and was platted in 1977 as part of the Target replat of Auditor’s Subdivision 155. It originally developed in 1977 with the construction of a self-serve car wash, which was permitted by right at that time. The car wash was demolished in 1998. The vacant parcel was purchased by Brad Rixmann, who was a principal in the Pawn America business that is adjacent to the north. Ms. Stromberg stated it is unclear to current Planning staff why the City Council in 1977 allowed the subject parcel and an adjacent restaurant (formerly PayLess Shoes) site to be platted in the sub-standard size configuration that they had been. The presumption is that Target knew exactly the land area it needed to preserve for the Target Store and its attached Pet Product Retailer. They also knew what land area the Pop Shoppe was indicating it would need for its building and parking. Fridley Planning Commission Meeting January 20, 2021 Page 15 of 20 Ms. Stromberg stated this left two smaller parcels of land that though smaller than the 35,000 square feet normally required in this district, Council could through provisions in the Subdivision Ordinance, approve a plat and essentially grant a variance through the process to the parcel size requirement by approving a smaller than standard parcels. That appears most likely to be the case here. Minutes from meetings at this time did not focus on the size or provide clues beyond what they have surmised. Ms. Stromberg stated Council can in their subdivision code approve a plat and essentially a variance at the same time to approve a parcel that is smaller than standards would allow. That seems to be the case here. Ms. Stromberg stated the C-2, General Business zoning designation is a better fit for this parcel and the restaurant south of the subject parcel. The lot size requirement there would only be 20,000 square feet, rather than 35,000 square feet. It is the zoning that the Starbucks and the proposed Bank of America do have because they are also smaller parcels, and they went through that rezoning process in 2015. Ms. Stromberg stated a rezoning is a much larger process that ideally would involve other property owners to participate in the request. This process can be difficult if the property owner does not see the value in the rezoning. As a result, current staff recommended the petitioner apply for a variance to reduce the front yard setback to be in-line with the properties to the south. And a parking setback would be required as well. This will create consistent site lines and parking configurations along this section of the access drive into the shopping center area. Ms. Stromberg stated another unique characteristic is that the access to the site is not really on a public right-of-way in a traditional sense. Most pieces of land have access on a public road, and this property receives access through an agreement that was approved in 1997 with Target. As evident in the petitioner’s statement, when setbacks for parking are to allow 20 feet of green space adjacent to a public right-of-way, it may be hard to press this for a parcel of land that actually is not on a public right-of-way. Ms. Stromberg stated the petitioner is proposing to construct an 8,700 square feet Dollar Tree on the vacant parcel. She presented a photo of location of the proposed building with the parking out in front of the building and then along the western property line they will see an elevation of the Dollar Tree building. Ms. Stromberg stated variances can be granted if there is a practical difficult that exists, and there are five factors they look at:  Is the variance in harmony with the purpose and intent of the ordinance? Fridley Planning Commission Meeting January 20, 2021 Page 16 of 20 o The intent of the front yard setback is to ensure that there is sufficient room for green space and parking, especially for a property zoned Shopping Center District. The proposed setback reductions of both the building and the parking are consistent with the neighboring properties and does provide adequate area for green space, with parking along the west side the new building.  Is the variance consistent with the Comprehensive Plan? o The 2030 and 2040 Draft Comprehensive Plan guide this property commercial redevelopment; so, the proposed use is consistent with the Plan.  Does the proposal put the property to use in a reasonable manner? o The proposed development of the property as a commercial entity is considered a reasonable use. The proposed front yard setback and parking setback are reasonable given the neighborhood the property is in and it will create a consistent look along the Shopping Center Drive corridor.  Are there unique circumstances to the property, not created by the landowner? o Unique circumstances do exist on this property in relation to the zoning that was designated to it and the surrounding properties. It also is unique for parcels of this size to have that zoning designation.  Will the variance, if granted, alter the essential character of the locality? o This proposed project will not alter the essential character of the locality and will fit well. Ms. Stromberg stated staff recommends approval as practical difficulties do exist and if the variance is granted, the following stipulations should be attached: 1. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. The City’s Engineering department – including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d. The City’s Planning department – including but not limited to landscaping, lighting, and signage plans 2. The petitioner is strongly encouraged to participate in Xcel Energy’s Energy Design Assistance program to identify energy and cost-saving strategies Fridley Planning Commission Meeting January 20, 2021 Page 17 of 20 Commissioner McClellan asked whether the petitioner is going to be the owner-operator of the store? Paul Tucci, 2C Development, replied that he and his son will own the building. They are not the operators though. They will lease it to Dollar Tree, which is a national company with 4,700 stores. Commissioner McClellan asked whether that would be a franchisee or a corporate store? Mr. Tucci replied, a corporate store. Chairperson Kondrick asked Mr. Tucci if he had a chance to look at and understand the stipulations? Mr. Tucci replied, yes, they did. Chairperson Kondrick asked Mr. Tucci if he had any problem with them? Mr. Tucci replied, no and in fact one of the things they did prior to coming before the Commission is the four-sided architecture discussion. They added a couple of features based on a development review with staff. He thinks their elevation reflects changes that were acceptable. One thing about the elevation is, they caught an error, the building height is actually going to be about a foot and a half shorter than it shows. The depth of the joists in there will bring the roof down just a little. No impact, it will look the same. Everything will be in the same proportion, but they did submit a new elevation to staff just a couple of days ago. Chairperson Kondrick stated that sounded reasonable. Vice Chairperson Hansen stated it is hard to tell from the picture what is the setback on the south side. Mr. Tucci replied, 15 feet. They worked with staff, Ms. Stromberg and Mr. Hickock, when trying to place the building on the lot. They shrunk the building a little bit. Their prototype is about 800 feet more than what they presented. They kind of pushed and pulled because, as Ms. Stromberg pointed out, if it were a 35,000 square foot site, they would have had a little bit more elbow room and been able to probably meet most of these setbacks. Vice Chairperson Hansen asked whether there were any concerns about the location of the building and not really having access around the building for fire protection purposes. He assumes it will be sprinkled. Fridley Planning Commission Meeting January 20, 2021 Page 18 of 20 Mr. Tucci replied, the building will be sprinkled. The building to the south is also sprinkled and at their development review, the Fire Department weighed in and there is access on the north side that comes down the side of the building a little bit so a fire truck can get there and the hose pulls from both sides. They can cover the entire building. Motion by Vice Chairperson Hansen to close the public hearing. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:15 P.M. Chairperson Kondrick stated all the ducks are in a row, it will be a worthwhile project for this property, and he is okay with it. Commissioner McClellan stated it is fine. It is dead space, it is a tough spot; and they are thankful somebody thinks it is worthwhile to invest in. Commissioner Buyse stated he agrees. He is very okay with the setback variances changes. It is in step with all the properties surrounding. It would be weird if they did not accept it in this case. MOTION by Vice Chairperson Hansen approving a Variance, VAR #21-02, by 2 C Development, to request 2 variances, (1) to reduce the front yard parking setback and (2) rd to reduce the front yard setback for a building on the vacant lot located at 775 - 53 Avenue. These variances are being requested to allow the construction of a new retail building for a Dollar Tree with the following stipulations: 1. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. The City’s Engineering department – including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d. The City’s Planning department – including but not limited to landscaping, lighting, and signage plans 2. The petitioner is strongly encouraged to participate in Xcel Energy’s Energy Design Assistance program to identify energy and cost-saving strategies Seconded by Commissioner McClellan. Fridley Planning Commission Meeting January 20, 2021 Page 19 of 20 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Stromberg stated there is a fifth public hearing that late on Thursday got postponed until the February meeting. For legal purposes she would like the Commission to open that public hearing and continue it to their February 17 Planning Commission meeting. Ms. Stromberg stated it is for Lot Split #21-02 by B&D Matthews Investments. MOTION by Commissioner McClellan to open the public hearing for Lot Split #21-02 by B&D Matthews Investments. Seconded by Vice Chairperson Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:21 P.M. MOTION by Commissioner McClellan to continue the public hearing until the February 17, 2021, Planning Commission meeting. Seconded by Vice Chairperson Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CONTINUED AT 8:22 P.M. ACCEPTANCE OF MINUTES FROM OTHER COMMISSIONS – THROUGH ONE MOTION: Motion to accept the minutes from the following Commission meetings: 1. September 3, 2020, Housing & Redevelopment Authority Commission 2. November 5, 2020, Housing & Redevelopment Authority Commission 3. December 3, 2020, Housing & Redevelopment Authority Commission 4. October 13, 2020, Environmental Quality & Energy Commission 5. November 10, 2020, Environmental Quality & Energy Commission 6. December 8, 2020, Environmental Quality & Energy Commission 7. August 3, 2020, Parks & Recreation Commission 8. September 8, 2020, Parks & Recreation Commission 9. October 5, 2020, Parks & Recreation Commission 10. November 2, 2020, Parks & Recreation Commission Motion by Vice Chairperson Hansen to accept the minutes. Seconded by Commissioner McClellan. Fridley Planning Commission Meeting January 20, 2021 Page 20 of 20 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated she did not really have an update for them. It has been since September when they met last and on that agenda was the Slumberland plat. Now the footings are in for that building. If anyone has noticed the Holly Center project is really moving forward. Chairperson Kondrick asked, when is the last tenant going to be out of there or have they gone already? Ms. Stromberg replied, the last tenant was Lynn’s Cake and Candy, and she thinks they were out right after Christmas. They were in the process of relocating to the building north rd of City Hall. Schaaf Floral also stayed in Fridley on 83 and University so they are happy to have them both stay in town. Commissioner McClellan stated he has not seen much dirt moving at the old city hall. Ms. Stromberg replied, soon. They just officially closed on the property, so things should be happening soon. ADJOURN: Motion by Commissioner Buyse to adjourn the meeting. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:29 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary