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11/17/1993 PLANNING COMMISSION MEETING WEDNESDAY, NOVEMBER 17, 1993 7:30 P.M. PUBLIC COPY City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, NOVEMBER 17, 1993 7:30 P.M. LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: October 27, 1993 DISCUSS 0-4, WETLAND OVERLAY ORDINANCE APPROVE 1994 MEETING DATES RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF OCTOBER 4, 1993 RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF OCTOBER 14, 1993 OTHER BUSINESS: ADJOURNMENT 1 , . • CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 27, 1993 CALL TO ORDER: Chairperson Newman called the October 27, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Newman, Dave Kondrick, Dean Saba, Brad Sielaff, LeRoy Oquist Members Absent: Diane Savage, Connie Modig Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Dr. Joel Locketz, Animal Medical Clinic, P.A. Helen Winder, Attorney Larry Berg APPROVAL OF SEPTEMBER 22, 1993, PLANNING COMMISSION MINUTES: Mr. Newman stated that probably one of the most valuable things the Planning Commission does as a body is its discussion on various issues. He complimented Ms. Saba on a nice job of capturing the various concerns and issues the Commission had on the hard surface driveway issue discussed at the last meeting. MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the September 22, 1993, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #93-07, BY ANIMAL MEDICAL CLINIC (tabled 5/26193) : Per Section 205.14.01.C. (10) of the Fridley City Code, to allow veterinary clinics conducting vaccinations on Lots 1, 2, 28, and 29, Block 2, Commerce Park, generally located at 250 Osborne Road N.E. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:37 P.M. PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAGE 2 Ms. McPherson stated this property is located at the intersection of the University Avenue West Service Drive and Osborne Road. It is the site of the former Cub Foods. The property is zoned C-2, General Business. The property to the east is zoned C-1, Local Business; the property to the south is zoned M-1, Light Industrial, and C-2, General Business. A single story multi-tenant masonry building is located on the property. Ms. McPherson stated the Planning Commission reviewed a similar special use permit request by H & H Veterinary for veterinary -services at the Pet Food Warehouse in December 1992. The special use permit for veterinary services was approved by the City Council on February 1, 1993. Ms. McPherson stated the Pet Food Warehouse management has made a corporate decision to change veterinary service providers. H & H Veterinary Clinic is not associated with an established veterinary clinic, and the Pet Food Warehouse management felt it was better that the vaccination clinics be conducted by a provider who is connected with an established clinic. A new special use permit needs to be approved due to the change in service providers and in the change in intensity of the clinic. The H & H Veterinary Clinic had proposed to conduct vaccination clinics every 3-5 weeks for 3- 5 hours. The Animal Medical Clinic is proposing to conduct vaccination clinics every weekend for approximately 3-4 hours. Ms. McPherson stated Section 205. 14.01.C. (10) of the Fridley City Code permits animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools, and training services with a special use permit. However, the following three conditions must be met in order to eliminate offensive noise and odors: A. All windows in the area of the building housing animals shall be double glazed with a fixed sash. B. Any ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside area. C. There shall be no outside pens or holding areas. Ms. McPherson stated the intent of this ordinance section is to provide standards for full service clinics which maintain animals on a round-the-clock basis. The petitioner does not intend to provide full scale veterinary services at the Pet Food Warehouse. The vaccination clinics will be held on a regular basis; however, there will be no holding pens, either inside or outside the building, and the petitioner intends to use a small portion of the receiving area to establish the examination and vaccination area. Ms. McPherson stated that the original petitioners provided plans for the storage of the biological and pharmacy items to be used • PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAGE 3 during the vaccination process and indicated the proposed plans to prevent public access to these area. They also provided a plan to take care of any biological waste generated during the clinics. Originally, the petitioner, Dr. Locketz of the Animal Medical Clinic, did not indicate the proposed plans for the disposal of the medical waste. Staff did receive a letter that day indicating that the wastes generated from each vaccination clinic will be returned to the home clinic on Hennepin Avenue. The Animal Medical Clinic does have the appropriate state licenses and have a regular medical waste handler who picks up and disposes of this waste. Ms. McPherson stated this special use permit was originally scheduled for the Planning Commission in May 1993. At that time, the petitioner was under probation by the Board of Veterinary Medicine. Staff's original recommendation was that the Planning Commission consider approving the special use permit request. The special use permit would not become valid until after the probationary period was over. The petitioner also requested that the Planning Commission table the request until the issue of probation was resolved. The order and stipulation imposed by the Board of Veterinary Medicine expired October 22, 1993. The Commission has a copy of a letter from the Board of Veterinary Medicine indicating that there have been no subsequent problems or allegations while the petitioner was on probation. Ms. McPherson stated staff recommends that as the request meets all the appropriate Zoning Code standards, the Planning Commission recommend approval of the special use permit with three stipulations: 1. No vaccination supplies or medical waste shall be stored on the site. 2. Any alterations to the building will require issuance of a building permit. 3. Future violations similar to those set forth in the Board of Veterinary Medicine's stipulation order against the petitioner shall be grounds for revocation of the special use permit. Ms. Helen Winder, attorney representing the Animal Medical Clinic, P.A. , and Dr. Joel Locketz, stated she would like to make a correction to the record. At the time Dr. Locketz was placed on probation, there were no violations made against him. There were absolutely no findings of wrongdoing by the Minnesota Board of Veterinary Medicine. The probation was really an accommodation based on several false accusations raised. Rather than go through a lengthy, costly hearing process, they reached an accommodation whereby Dr. Locketz was placed on probation for a specific period of time. The Commission members had received a copy of a letter from the Minnesota Board of Veterinary Medicine finding that Dr. PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAGE 4 Locketz has met the requirements of probation and expecting that the Board would act favorably on Dr. Locketz petition and remove the probationary status from his license. Mr. Sielaff asked how long the probation period was. Ms. Winder stated the probation period was for two years. Mr. Sielaff asked what the "unnecessary services" were that Dr. Locketz allegedly provided. Ms. Winder stated Dr. Locketz provided an additional test for an animal. However, the complaint was not raised by the animal owner, but rather by disgruntled employees. Mr. Sielaff asked what was the allegation for the medications? Ms. Winder stated that has to do with Dr. Locketz ' children. His children were suffering from ear infections. Dr. Locketz had called their pediatrician who had volunteered to call in a prescription for antibiotics, but had forgotten to do so. The children became distressed so Dr. Locketz called in a prescription for antibiotics. Dr. Joel Locketz stated the Animal Medical Clinic has 3-4 other veterinarians who work part-time. Right now, they are servicing several other Pet Food Warehouses in Maplewood, Eden Prairie, Minnetonka, Brooklyn Park in November 1993, and St. Cloud. Each veterinarian has several years of experience. They offer just a limited service, screening and inoculations. They refer animals to other hospitals for more severe problems. Their prices are very reasonable, up to 30% off the office price. Consumers are very happy with this type of service. They have received no complaints from the other communities. Dr. Lockett stated they see a population right now that have not been serviced. The economy is very tight, many people are unemployed, and they cannot afford the protection for their animals. Close to half the animals they service are overdue for inoculations. They are increasing the population of animals vaccinated for rabies and promoting license sales in local communities. Mr. Kondrick asked Dr. Lockett how long he has been practicing veterinary medicine. Dr. Locketz stated he has been practicing veterinary medicine in Minnesota for 22 years. The Animal Medical Clinic offices are at 26th & Hennepin where they offer a full service veterinary clinic. Dr. Lockett stated they went through quite a screening process with Pet Food Warehouse. There were some procedural problems which they PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAGE 5 have now tightened up. They feel they offer a high quality service and there has never been a question about the type of care they give. Mr. Kondrick asked Dr. Locketz if he had any problem with the stipulations. Dr. Locketz stated, no, the stipulations are reasonable. MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive into the record a letter dated October 26, 1993, from Helen Winder regarding the storage and handling of medical wastes and a letter dated October 27, 1993, from Dr. Prawer, Associated Skin Specialists, P.A. , stating he supported Dr. Joel Locketz and his request for a low cost vaccination clinic at the Pet Food Warehouse. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Sielaff, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend to City Council approval of special use permit request, SP #93-07, by Animal Medical Clinic, per Section 205.14.01.C. (10) of the Fridley City Code, to allow veterinary clinics conducting vaccinations on Lots 1, 2, 28, and 29, Block 2, Commerce Park, generally located at 250 Osborne Road N.E. , with the following stipulations: 1. No vaccination supplies or medical waste shall be stored on the site. 2. Any alterations to the building will require issuance of a building permit. 3. Future violations similar to those set forth in the Board of Veterinary Medicine's stipulation order against the petitioner shall be grounds for revocation of the special use permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will be reviewed by the City Council on November 15, 1993. PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAGE 6 2 . PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #93-04, BY DALE EDSTROM OF NORTHCO CORPORATION: Northco Business Park 4th Addition, to replat Lots 7 and 8, Block 2, Northco Business Park, according to the recorded plat thereof, Anoka County, Minnesota, and Lot 1, Block 1, Northco Business Park 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota, generally located at 500 - 73rd Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:53 P.M. Ms. McPherson stated 500 - 73rd Avenue N.E. is the old Carter Day site. Fridley Business Center Partnership is comprised of Northco, as well as Jim Gray, owner of Quick File, which is located in one of the buildings on the subject parcel. The subject property is zoned M-2, Heavy Industrial, and is comprised of two vacant parcels, as well as one occupied parcel. The occupied parcel is the old Carter Day site. The southerly building is a manufacturing building which houses Quick File, and the northern building is still used by Carter Day for research and development purposes. In addition to Quick File, Carter Day and Steinwall, Inc. , also lease space in the southerly building. Ms. McPherson stated the property to the north across 73rd Avenue is zoned R-1, Single Family Dwelling, and the property adjacent to the subject parcel to the south is zoned P, Public. Ms. McPherson stated the proposed plat will create four parcels, two which are directly adjacent to 73rd Avenue and two which are adjacent to Northco Drive. The petitioner is creating a 25 foot "flag" to provide access to the most southerly parcel which houses the manufacturing building. This flag will meet the ordinance requirements onto a public road. The lots all meet the minimum requirements of the M-2, Heavy Industrial, zoning district regulations, including the minimum lot area of 1 1/2 acres and the minimum lot width of 150 feet. Ms. McPherson stated the Engineering Department has indicated that an additional utility easement will need to be dedicated adjacent to the most northerly curve of Northco Drive. Two 10-inch water lines intersect outside the dedicated right-of-way area, and a triangular utility easement needs to be dedicated on the plat to provide access to the City for maintenance or repair of the water lines. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the request as the plat meets the minimum PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAGE 7 requirements of the M-2, Heavy Industrial, district standards with one stipulation: 1. An additional utility easement shall be dedicated on the plat as indicated on the attached drawing. Mr. Kondrick asked if any neighbors have expressed any objections to this request. Ms. McPherson stated she received two calls from property owners across 73rd Avenue. Their questions were general in nature; and when she explained that no development or construction is going to occur, they seemed satisfied and had no objections. Ms. Dacy stated she talked to one neighbor who also had no objection when the request was explained. Ms. McPherson stated the purpose of this plat request is to allow Mr. Gray, the owner of Quick File and one of the partners, to dissolve his portion of the partnership. Mr. Larry Berg, representing Northco, stated he has nothing to add to the staff's presentation. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of preliminary plat, P.S. #93-04, by Dale Edstrom of Northco Corporation,' Northco Business Park 4th Addition, to replat Lots 7 and 8, Block 2, Northco Business Park, according to the recorded plat thereof, Anoka County, Minnesota, and Lot 1, Block 1, Northco Business Park 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota, generally located at 500 -73rd Avenue N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that on November 15, 1993, the Council will set a public hearing on this item for December 13, 1993. 3. RECEIVE SEPTEMBER 9, 1993, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the September 9, 1993, Housing & Redevelopment Authority minutes. h. PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE SEPTEMBER 13, 1993 , PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the September 13, 1993, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE SEPTEMBER 21, 1993, ENVIRONMENTAL QUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the September 21, 1993, Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE SEPTEMBER 28, 1993 , APPEALS COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the September 28, 1993, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE OCTOBER 19, 1993, APPEALS COMMISSION MINUTES: MOTION by Mr. Kondrick, - seconded by Mr. Sielaff, to receive the October 19, 1993, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the October 27, 1993, Planning Commission meeting adjourned at 8:05 p.m. Res ctfully sub fitted, Lyn Saba Rec ding Secretary 111 Community Development Department PLANNING DIVISION City of Fridley DATE: November 11, 1993 TO: Planning Commission Members FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Draft of 0-4, Wetland Overlay Ordinance Attached please find the draft wetland overlay ordinance. As a result of the 1991 Wetland Conservation Act, and its subsequent rules, the City is required to adopt and ordinance complying with the Act. The proposed ordinance adopts many sections from the Act in order to preserve and achieve no net loss of wetlands. The Engineering Department has not had an opportunity to review the ordinance. Please be prepared to discuss this at the November 17, 1993 meeting. MM/dn r PROPOSED 1994 MEETING DATES PLANNING COMMISSION January 12, 26 February 9, 23 March 9, 23 April 6, 20 May 4, 18 June 1, 15, 29 July 13, 27 August 10, 24 September 7, 21 October 5, 19 November 2, 16, 30 December 14, 28 Y