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07-17-2024 Planning Commission Meeting July 17, 2024 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. Agenda Call to Order Roll Call Approval of Meeting Minutes 1.Approval of April 17, 2024, Planning Commission Meeting Minutes Public Hearing 2.Public Hearing to Consider Special Use Permit (SUP), SP #24-02 to allow a private school at 6180 Hwy 65 N.E. Other Business Adjournment Accessibility Notice: If you need free interpretation or translation assistance, please contact City staff. Si necesita ayuda de interpretación o traducción gratis, comuníquese con el personal de la ciudad. Yog tias koj xav tau kev pab txhais lus los sis txhais ntaub ntawv dawb, ces thov tiv tauj rau Lub Nroog cov neeg ua hauj lwm. Haddii aad u baahan tahay tarjumaad bilaash ah ama kaalmo tarjumaad, fadlan la xiriir shaqaalaha Magaalada. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any City of Fridley services, programs or activities. Hearing impaired persons who need an interpreter or other persons who require auxiliary aids should contact CityClerk@FridleyMN.govor (763) 572-3450. 1 Jufn!2/ AGENDA REPORT Meeting Date:July 17, 2024 Meeting Type:Planning Commission Submitted By:Nancy Abts, Associate Planner Title Approval of April 17, 2024, Planning Commission Meeting Minutes Background Financial Impact None Recommendation Staff recommend the approval of the April 17, 2024, Planning Commission Meeting Minutes. Attachments andOther Resources April 17, 2024, Planning Commission Meeting Minutes Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 2 Jufn!2/ Planning Commission April 17,2024 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Chair Hansencalled the Planning Commission Meeting to order at 7:00 p.m. Present Pete Borman Aaron Brom Mark Hansen Mike Heuchert Aaron Klemz Ross Meisner Absent John Buyse II Others Present Nancy Abts, Associate Planner Stacy Stromberg, Planning Manager Michael Pate, Amarok Brett Bullock, Electric Motor Supply, 4650 Main Street N.E. Approval of Meeting Minutes 1.Approve February 21,2024, Planning Commission Minutes Motionby Commissioner Meisnerto approve the minutes. Seconded by Commissioner Heuchert. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously. Public Hearing 2.Public Hearing for Text Amendment 2024-01: Electric Security Fences Motionby Commissioner Meisnerto open the public hearing. Seconded by Commissioner Heuchert. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public hearing was opened at 7:02p.m. 3 Jufn!2/ Planning Commission 4/17/2024 Minutes Page 2 Nancy Abts, Associate Planner, stated that the case tonight is to consider a text amendment to allow 10-foot-tall electric security fences at all properties not zoned exclusively for residential use. She stated that Amarok, the applicant, has previously requested Interim Use Permits (IUPs) for electric security fences at 3737 East River Road (approved December 22, 2023) and 4650 Main Street (denied March 11, 2024). She reviewed the discretion that the City would have when reviewing a request for a text amendment. She discussed what is currently allowed under City Code for barbed wire security fences on industrial properties. She stated that staff would suggest mirroring those allowances for electric security fences and reviewed the specific proposal method of approval suggested by staff. She stated that staff recommends approval of the ordinance amendment as prepared. She noted that the City may also delay consideration until State preemption legislation is addressed, or the fence ordinance is recodified. Commissioner Meisner acknowledged that this would largely mirror the language related to barbed wire. He asked for details on the guidelines for height of solid fences. Ms. Abts replied that currently fences are only regulated on the basis of height, not opacity. Commissioner Klemz asked whether the change would apply across the city or only to the areas that allow barbed wire fencing. Ms. Abts replied that the majority of this amendment would specifically apply to industrial districts. Commissioner Klemz asked if the owner/operator of the fence would be required to provide access for emergency personnel. Ms. Abts commented that the Fire Marshal has been active in this process and explained that an ordinance is meant to provide a balance of the direction and allowances without going into every detail. She explained that type of access would be addressed through the building permit process. Commissioner Borman asked for, and received, clarification on the owner of the property at 4650 Main Street. Commissioner Heuchert referenced language proposed in the amendment as shown in the packet and asked for clarification. Ms. Abts explained that both the version proposed by Amarok and the version proposed by staff were included in the packet for the Commission to review. Commissioner Borman stated that he questioned whether the better deterrent would be the barrier in front of the electric fence, or the electric fence itself. Brett Bullock, owner of 4650 Main Street, commented that their issue is that people are cutting through the chain link fence. He stated that if they were to have the electric fence, someone would need to cut the chain link and if they attempted to cut the electric fence, they would then be notified as it is connected to a security system. Michael Pate, Amarok, commented that a solid fence is horrible for security as once behind the fence people cannot see what an intruder may be doing. Commissioner Klemz asked the reason for submitting this request while there is also a request to preempt City zoning controls through the legislature. Mr. Pate stated that he is unsure if either the 4 Jufn!2/ Planning Commission 4/17/2024 Minutes Page 3 text amendment or legislation will be approved, which is why both processes are running at the same time. Mr. Pate commented that the text amendment they submitted is unrecognizable after the work of City staff. He stated that he is the applicant and there was no communication from staff before making these changes. He provided details on the international standards that his fences comply with and explained that those standards should be included in the draft to ensure safety. He identified other elements of the staff drafted amendment that would not be satisfactory and would not match standards for electric fences. He confirmed that he objects to the language as drafted by staff. He asked the Commission to review the draft that he proposed and go from there. He recognized that the location where the device could be used would be up for debate but the standards under which the devices are tested and regulated must be included. Commissioner Klemz asked if there is an objection to referencing those standards. Ms. Abts explained that she consulted with staff from Crystal who had processed, and denied, the exact same text amendment request from Amarok. In the process she learned that the IEC standard is not adopted in Minnesota and therefore not considered enforceable by the Building Official. Mr. Pate commented that American National Standards Institute (ANSI) could be referenced in place of IEC. He commented that if the language is put into City Code, it would then be enforceable. Commissioner Meisner references a five foot fence height, but he also described that as insufficient and asked for clarification. Mr. Pate commented that five feet is sufficient for the barrier fence outside the electric fence. Commissioner Brom asked if there is a reason this is proposed to be restricted to properties near the railroad. Ms. Abts commented that staff proposed limiting the location of these fences to preserve the neighborhood character of many areas of Fridley and right size the solution for Fridley. Motion by Commissioner Meisner to close the public hearing. Seconded by Commissioner Heuchert. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the public hearing was closed at 7:33 p.m. Commissioner Klemz commented that he likes the restriction for locations. He believed that this proposed amendment, as drafted by staff, would allow the specific use on the property requested at the last meeting. He was troubled that the City is spending this amount of time and resources on this issue when there is also preemptive legislation being lobbied by the same applicant that is before them. Commissioner Meisner stated that he also likes the draft recommended by staff as it makes the application appropriate for Fridley. He stated that he prefer to see a definition or some type of standard. He agreed that it would be appropriate to limit the application of this type of fence to the railroad properties at this time, as he would prefer to start small with this. 5 Jufn!2/ Planning Commission 4/17/2024 Minutes Page 4 Commissioner Heuchert stated that he does have concerns with not having standards for the electric current of the fence. He stated that he supports the eight-foot barrier fence and could see expanding this use to the entire industrial area of the community as long as it is not adjacent to residential property. Chair Hansen commented that there have been multiple comments related to the desire for a definition of electric fence and the strength of current allowed. He also recognized the openness of Commissioner Heuchert to perhaps open up the industrial area and remove the stipulation of the railroad tracks. Ms. Abts commented that it would be appropriate to add the recommendations as part of the motion if there are desired modifications to the amendment proposed. Commissioner Meisner asked staff for input on the issue of solid versus non-solid barrier fence. Ms. Abts replied that staff was interested in preventing someone from poking through a barrier fence. She noted that the solid barrier fence used by Copart, which is eight feet tall, provides a good barrier. for that. Ms. Abts replied that there is not as it is meant to be flexible and provide some options for businesses. Commissioner Klemz stated that while he would be open to allowing the use in other industrial areas, there would need to be stipulations placing a limit on the proximity to residential properties. Commissioner Brom commented that he would be open to that as well. Commissioner Meisner stated that while he is also open to that, he is also fine beginning with this as a starting point to see how the community responds. He noted that they can always amend in the future to open the use outside of the railroad corridor. Chair Hanson stated that he would be open to adding a definition for electric fence and would err on the side of caution as to where this is allowed, taking this first step and then considering opening to more areas in the future. Commissioner Borman stated that he also works for a company that had an issue with theft and their solution to deter theft was not to use an electric fence. He stated that he would be opposed to this as he did not believe that an electric fence is the right solution to protect properties. Commissioner Brom commented that he believes that the applicant made a strong case of why they believe this would be the right form of security. Commissioner Borman commented that if a chain link fence is continually being cut, then perhaps something other than a chain link fence is needed. Motion by Commissioner Meisner approving the text amendment as drafted by staff with the stipulation that some type of performance or minimum safety standard is provided for the operation of the electric fence. Seconded by Commissioner Klemz. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried with a vote of 5 -1 (Borman opposed). 6 Jufn!2/ Planning Commission 4/17/2024 Minutes Page 5 Other Business Ms. Abts noted the housing grant programs available to all Fridley homeowners, noting that more information can be found on the City website. Stacy Stromberg, Planning Manager, reported that the Planning Commission will be holding a meeting in May but will not be holding its regular June meeting. Adjournment Motion by Commissioner Klemz to adjourn the meeting. Seconded by Commissioner Brom. Upon a voice vote, all voting aye, Chair Hansen declared the motion carried unanimously and the meeting adjourned at 7:56 p.m. Respectfully submitted, Amanda Staple, Recording Secretary 7 Jufn!3/ LAND USE APPLICATIONSUMMARY Item:SP #24-02 Meeting Date:July 17, 2024 General InformationSpecial Information & chapel); Variances approved for hard surface Applicant: setbacks & parking lot drive aisle width Hal W. Erks, President 1993Variance to allow additional institutional Harbon Montessori School th 2349 16Street NW signage granted for 2 years New Brighton, MN 55112 1994Special Use Permit approved to allow an Requested Action: Adult Daycare to operate within a portion of the Public Hearing to Consider Special Use Permit building (SUP),SP #24-02to allow aprivate school at 2004Variance to increase size of freestanding 6180 Hwy 65 N.E. sign denied Location: 2012 Special Use Permit approved for 6180 Hwy 65 N.E. Electronic Message Center Sign ExistingZoning: Legal Description of Property: R-3, Multi-Family Outlots 1 and 2, Block 2, Moore Lake Highlands Size: 4th Addition 334,354 sq. ft. 7.68acres Public Utilities: Existing Land Use: Building is connected. Transportation: Surrounding Land-use & Zoning: The property receives primary access off ofWest N:C-3 (Funeral Home)& R-1 Moore Lake Drive and has one driveway accessing W:R-1 southboundHwy65 N.E. E:Hwy 65 ROW & C-3 (Crooners Supper Physical Characteristics: Club & Salvation Army retail) Building, hard surface parking and driveways, and S:East MooreLake landscaping. Comprehensive Plan Conformance: Summary of Request: Existing and Future Land Use Mapsdesignate The petitioner, Harbon Montessori School,is the property as Institutional requesting a special use permit to allow a private Zoning Ordinance Conformance: school to operate alongside a church within the Section 205.09.01.C.2allowsprivate schoolsas existing building at 6180 Hwy 65 N.E. a Special Use in the R-3, Multi-Family zoning Staff Recommendation: district. City staff recommends approval of the special use Building and Zoning History: permit, subject to stipulations. 1955Lot platted. City Council Action/60 Day Action Date: 1958 Church building constructed City Council August 12, 2024 1991Special Use Permit approved to allow 60 Day Date August 24, 2024 expansion of an existing church (fellowship hall Staff Report Prepared by Nancy Abts 8 Jufn!3/ Written Report The Request The petitioner, Hal Erks, President of Harbon Montessori School, is requesting permission to operate a private school within the existing church facilities at 6180 Highway 65 N.E. Harbon Montessori School currently serves approximately 50 children in preschool and elementary classes, although their current licensed capacity is 79 students. The school currently has 6 staff members. The school has been in operation in New Brighton since the 1970s. th The school has been located within New Brighton Christian Church, 1500 29 Avenue NW in New Brighton, since 2013. The school operated under a New Brighton Special Use Permit, and the New Brighton staff report no issues with the use. Despite operating within a church building, the school is nonsectarian. The school is proposed to occupy eight existing classrooms, as well as chapel, nursery, and dining hall space, comprising a maximum of 3,000 square feet of interior space. Regular hours of operation are 7:30 am to 5:30 pm, with students arriving on a staggered schedule for a 9 am start to instructional time and staggered pick up beginning at 3:30 pm. Staff are on site from 7 am to 6 pm to prepare for the day. The school does not provide hot meal service or bussing for the students. Site Description and History The subject property is located off Highway 65 N.E. and West Moore Lake Drive. The lot was platted in 1955, and the first portion of the church was constructed in 1958. There have been additions and expansions to the original building, with the most recent expansion and formalization of a SUP for the facility in 1991. In 1994, the City issued a SUP for an Adult Daycare to operate within the church. As part of the proposed SUP for the school, the Adult Daycare authorization will be revoked. The applicant proposes to add a 3 foot x 8 foot wall sign to the east side of the building. Institutions are allowed to have two wall signs, and size is based on the wall where they are placed. The property currently only displays one wall sign. Temporary sign permits are allowed year-round to facilitate displaying banners and special event signage. Code Requirements and Analysis Private Schools are a permitted special use in the R-3, Multi-Family zoning district, subject to any necessary stipulations. There are not currently specific parking requirements for schools in the zoning code, but the church was required to provide 296 parking spaces at the time of their special use permit approval in 1991. The facility provided 269 spaces on site, as well as additional off-site parking under an agreement with Miller Funeral Home, which has over 50 parking spaces. Currently, aerial images of the site 9 Jufn!3/ show over 290 parking spaces, including 15 ADA accessible spaces. Staff finds that there is adequate on-kday operations and most church activity occurring on weekends and evenings. Staff Recommendation Staff recommends the Planning Commission hold a public hearing for Special Use Permit, SP #24-02 and recommend approval with stipulations. Staff further recommends revocation of Special Use Permit, SP #94-15 for Adult Daycare use. Stipulations Staff recommends that if the special use permit is approved, the following stipulations be attached. 1. The petitioner shall obtain any permits required to alter the building for the proposed use. 2. The petitioner shall meet all requirements set forth by: a. The Building code, including the Americans with Disabilities Act (ADA). b. The Fire code. c. d. limited to ensuring that the use has sufficient on-site parking, on-street parking is not permitted, and sign permits are obtained for any new signage. e. The Rice Creek Watershed District. 3. The petitioner shall obtain required State and/or County licenses to operate the proposed use and provide copies of said license to the City upon request. Attachments 1. 2. Public Hearing Notice 10 Jufn!3/ 11 Jufn!3/ 12 Jufn!3/ 13 Jufn!3/ 14 Jufn!3/ 15 Jufn!3/ Community Development Department Public Hearing Notice 6310 6313 6315 6314 6301 6301 1065 6300 6310 63016301 6285 6290 6300 6291 6304 6279 6280 6281 1072 6289 6290 6281 6259 6270 6271 6278 6260 6271 6260 6280 6280 6260 6260 6239 6261 6264 6261 6240 6230 6230 6240 6240 6240 6225 6229 6230 6230 6250 6251 6213 1001 6219 6220 6220 6241 6220 6231 6210 901 6200 6209 881 871 861 900 880 916 870 860 1000 850 6180 840 6161 5890 SOURCES Fridley Engineering and Planning Fridley GIS Special Use Permit Request, SP #24-02 Anoka County GIS Petitioner: Harbon Montessori School Address: 6180 Hwy 65 N.E. - Map Date: July 1, 2024 16 Jufn!3/ 17 Jufn!3/ 18