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PL 11/05/1997 - 7060�"� � PLANNING COMMISSION MEETING WEDNESDAY, NOVEMBER 5, 1997 7:30 P.M. PUBLIC COPY (Please return to Community Development Dept.) ,o., � � ,,'�'^� CITY OF FRIDLEY AGENDA PLANNING COMMISSION MTG. WEDNESDAY, NOVEMBER 5, 1997 7:30 P.M. --------------------------------------------------------------- --------------------------------------------------------------- LOCATION: Fridley Municipal Center, 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MEETING MINUTES• October 15, 1997 PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP #97- 09 BY GREG ASPROTH OF UNIVERSITY BILLIARDS. INC.: To allow the expansion of a commercial recreation facility in an industrially-zoned district, on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. �, PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP #97- 10 BY RON STELTER OF FRIENDLY CHEVROLET: To allow the expansion of an automobile sales facility on Lot 1, Block 1, Friendly Chevrolet Addition, generally located at 7501 Highway 65 N.E. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF OCTOBER 6, 1997 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF OCTOBER 8. 1997 OTHER BUSINESS: .� � . ��, CITY.OF FRIDLEY pLANNING COl+�lISSIOIV' MELTING, OCTOBER 15, 1997 CALL TO ORDER• Chairperson Savage called the October 15, 1997 Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, LeRoy Oquist, Larry Kuechle, Brad Sielaff, Connie Modig, Dave Kondrick Members Absent: Dean Saba Others Present: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Todd Bachman, Bachman's Inc. �"�, Ellen Beecher, Semper Development Craig Christensen, Semper Development John Kohler, Semper Development Norma Swanson, Theisen B. Partnership Art Swanson, Theisen B. Partnership Bob Theisen, Theisen B. Partnership Roy & Mary Loberg, 860 Overton Drive N.E. Louise Bennethum, 368 66th Ave. N.E. Marion Larson, 359 66th Ave. N.E. Donna Gathald, 6429 Baker Avenue Hank Koester, 6141 5th Street N.E. Dean Olsen, 6730 4th Street N.E. LaVerne Olsen, 6730 4th Street N.E. Charlotte Happen, 6390 Monroe N.E. Connie Metcalf, 860 West Moore Lake Drive Joan Olson, 6320 Van Buren N.E. William Hogan, 365 Mississippi Street Jan Heblisen, 901 West Moore Lake Drive. Brian Cluts, Eden Prairie, COSA Gabriele & Margita Kirschner, 5851 - 6th St. Jayne Kulus, 6730 Monroe Street N.E. �� Marcus Martin, 560 63rd Ave. N.E. � David Berry, 6965 Hickory Circle N.E. PLANNING COMMISSION MEETING OCTOBER 15 1997 PAG� 2 Donald Bennethum, 6111 Star Lane N.E. �, Anne Hagen, 551 Rice Creek Blvd. N.E. Patricia Andersen, 367 66th Ave. N.E. APPROVAL OF OCTOBER 1 19 7 PLANNING C�NlDRISSION MINUTES MOTION by Mr. Oquist, seconded by Mr. Kuechle, to approve the October l, 1997, Planning Commission minutes as written. UPON A VOIC� VOTE, ALL VOTING AYE, CHAIRP�RSON SAVAG$ DECLAR$D THE MOTION CARRIED UNANIMOUSLY. l. COMPREHENSIVE PLANN NG AREA #4 MEETING Chairwoman Savage stated the purpose of this meeting is to solicit your comments about the future of the City. The City is beginning a process to update its Comprehensive Plan. Tonight's meeting is one of six meetings which the Planning Commission will be conducting to receive your ideas and dreams about the future. It is not the purpose of this meeting to discuss individual problems or issues you may have with the City. Rather, the Planning Commission encourages you to provide comments about the City's future, and what goals you think the City should pursue. Personal attacks on any individual will not be tolerated. Please make your comments brief and to the point and come to a conclusion in five minutes. � Mr. Hickok stated this is the fourth of a series of seven Comprehensive Plan meetings. The first meeting was held July 16th, the second meeting August 20th, the third on September 18th. Our purpose is to establish a view of the future and the Comprehensive Plan will serve as a guide to the dream. In 1976, the Minnesota Legislature passed the Metropolitan Land Planning Act. This Act was passed in response to the need for the adoption of coordinated plans, programs, and controls by all local governmental units and school districts. This type of planning effort was deemed necessary by the legislature to protect the health, safety and welfare of the residents of the Metropolitan Area and to ensure coordinated, orderly and economic development. The purpose of the Fridley Comprehensive Plan is to guide public and private land use decisions involving development, redevelopment and preservation. The plan provides a better understanding of the relationships between land resources � and development. It also reveals existing conditions and forecasted trends in land use and public facilities. The Plan e PLANNING COI�ISSION MEETING OCTOB$R 15 1997 PAGg 3 '� also.acts as a stimulus for active public interest in the - physical, social and economic issues of the City. The data in this plan reflects 1979 figures except where updated information is identified. �"1 Ms. McPherson presented a summary of the survey results from Planning Area Meetings #1-4. Staff mailed 2191 surveys in September with 163 surveys returned as of October 9, 1997, resulting in a 7.4% return rate. Up to October 15`h's mail, the total surveys received for Area #4 is 189 with 8.6%, the largest return rate to-date. Ms. McPherson displayed a chart with the breakdown of age groups, and length of residency. In Area 4, the majority of the respondents have been over 51 years of age. Area 2 respondents seem to be younger in age, perhaps newer residents to Fridley. Area 2 also has more residents who have lived in the City for a shorter period of time. Area 4 residents have lived in the community for a longer time. Area 3 had residents living in the area an average of 20 years. Ms. McPherson stated the survey instrument was designed with four essay-type questions: "What do you like about Fridley?" "What do you dislike about Fridley?" "What do you like about your neighborhood?" "What do you dislike about your neighborhood?" The trend is to divide these issues into areas such as Parks, City Service, Safety and Crime, Neighbors, Land Uses and City Image and Schools. What people like most is their neighbors and a friendly feeling. In terms of what people like about Fridley is its location is convenient, to the freeways and downtown Minneapolis, to churches, etc. City Services and Parks showed a very favorable response. The Land Use category states people are dissatisfied with land uses in their neighborhood or City itself. Area 4 land use comments were regarding pawn shops and apartment buildings. People are also concerned of property upkeep and lack of enforcement of maintenance codes and housing codes. Specific area comments from Planning Area 4 are generated on the large maps in the lobby which include; the lack of maintenance and upkeep and general image of University Avenue and Highway 65. The fence issue received both negative and positive comments. There were a number of surveys requesting additional street lights in Area 4. Most comments were positive about their neighbors but there were also comments that they feel isolated from their neighbors. PLAI�TNING COA+Il�IISSION MEgTING OCTOHER 15 1997 PAG� 4 Chairperson Savage requested input from the audience about what /'-`� they would like to see in the year 2010. Participants are encouraged to discuss their concerns about Fridley along with solutions. Two questions are to be addressed. "If Fridley were to be the ideal community in the year 2010 what characteristics or experiences would you expect it to offer?" "What is Fridley? What role or roles does Fridley play in the larger metropolitan area?" Ms. Dacy stated the next meeting is November 19th for Areas 5 and 6. All residents are invited to participate in any of these meetings. . -- - - � - - y�L Ms. Bennethum has lived here since 1958 and has seen 3 proposals come and go. Ms. Bennethum likes the Walgreen's proposal the best, stating she is 300% behind this proposal. The property owners have requested her input so she is here to share it. Joan Olson. 6320 Van Buren �"� Ms. Olson thanked the Commission for the opportunity to address � the issues. Ms. Olson likes Fridley and her neighborhood. The Olson's have considered moving but have decided to stay in Fridley. The residents use of tax dollars for sod planted along the bikeway on University Avenue is a poor use of money. Why mandate plans and allow a development like Moore Lake'Commons to shut the lights off at 7:15 p.m.? There are 2 bars in the area that don't close until 1 a.m. Ms. Olson would like to see the City staff get together to update building ordinances. We have a 50's mentality in the 90's, for example, cluster housing. Ms. Olson has hopes for the development at Lake Pointe, but is beginning to doubt it. The City blew their chance to address the image of the area by not lighting the causeway. Ms. Dacy stated that she spoke with Ms. Olson over the phone. Only one side of the lights at Moore Lake Commons were turned on for energy purposes and she will follow up and contact Ms. Olson with further information. Paul Monson, 369, 66th Avenue �� Mr. Monson spoke with John Kohler about the plan for Walgreens, and he thinks it is a good idea to have just one store. No pawn PLANNINa CONIl�SISSION MEETING OCTOBER 15 1997 PAG� 5 shops can move in. The proposal has a lot of greenery. Mr. Kondrick asked, Why are you opposed to a strip mall? Mr. Monson stated the area is not big enough to have a strip mall. If you put in more than one store there, you would reduce the greenery area that will give our properties a buffer zone between the stores and residential area. z_� � �_ . � - - - ' • - .� Ms. Hagan asked if the Commission will talk about the monopoles. Councilwoman Savage stated this will be discussed later in the agenda. Connie Metcalf 860 West Moore Lake Drive Ms. Metcalf stated in regards to the lights at Moore Lake, in terms of energy conservation, Ms. Metcalf appreciates the conservation effort. The weeds at Moore Lake are not as bad this � year as in past. Hopefully by the year 2010 the City will consider cleaning up the weeds. Ms. Metcalf walks quite a bit on 61st Avenue, where the kids come from school is very littered. Perhaps a cooperative effort for the kids to clean up the area could be coordinated. Also the natural area that the high school faces is full of plastic and litter. Perhaps the City could take some initiative on cleaning up. Frequently in fall and spring the tennis court lights are on and could be managed with on/off switches to save energy. Ms. Metcalf thanked the Commission for the opportunity to have this type of ineeting and getting people interested in their own city. Jan Habliser 901 West Moore Lake Drive Ms. Habliser asked, Why this meeting is required by state and is it part of a larger federal plan? Ms. Dacy stated the meeting is not required by state. The update of a comprehensive plan is required. All land use issues must conform to policies of the Metropolitan Council. These series of ineetings were recommended by Council and the Planning ,-,, Commission to obtain as much information as possible for citizen participation. By law we are required to have just one meeting. This effort is not a part of a federal plan. A long term plan is PLANNING COMMISSION ME�TING OCTOB$R 15 1997 PAG$ 6 a typical approach to try to guide communities into the future. �. Jean Ingebrigtsen 5811 West Moore Lake Drive Ms. Ingebrigtsen stated she misunderstood what the meeting was about. She thought she would answer, "What do I like about my community now or what don't I like?" For the year 2010, Ms. Ingebrigtsen would like to think of Fridley as an oasis from the big city and as a park area. She sees Moore Lake, the beach, Islands of Peace, Locke Park as priorities and would like to see Fridley though of in a community way, wanting everyone to wish they could live here, rather than big buildings like Sam's Club or other industry. Some suggestions include the guardrails on Highway 65 are tacky. The state should take care of it and it should be brought to their attention. The exit from 694 E is dangerous. The traffic naise from the freeway is too much. The traffic along her home from the school activities is excessive. Coming from Central Avenue, it is dangerous to walk, perhaps a silver marker should be installed on the white lines on the road. Neighbors have requested a street light and it appears there is a need for another. Marigold is also very dark at night. The fence around the Sand Dunes is often in dis-repair. The Sand Dunes are as important as the park. Ms. Ingebrigtsen spoke with a volunteer worker at the Sand Dunes who is trying to help maintain the sand dunes. There are 162 plants growing there that have been to identified. The high school puts their snow from the parking lot there, which kills the plants. Ms. Ingebrigtsen inquired, she noticed there are 3 flags flying outside City Hall, the United States, Fridley and she couldn't identify the other one. Ms. McPherson stated a POW MIA of Minnesota Flag is flying at City Hall. Ms. Ingebrightsen stated City Hall is not noticeable and is difficult to find. It is a beautiful drive. How do you identify this is the governing part of Fridley? Perhaps a sign is needed on University Avenue and Central Avenue announcing where the municipal center is located. Chairwoman Savage asked do you have something specific in mind on how you would like to see as Fridley? r"� �, Ms. Ingebrightsen asked have you been to Columbia Heights and have you noticed the banners? Perhaps banners could be installed J PLANNING COMMISSION MEETING OCTOBER 15 1997 PAG$ 7 � at the crossroads of University and Mississippi and Central and Mississippi to identify where City Hall can be located. Ms. Modig stated yes has seen the banners. David Gilbert 517 61st Avenue Mr. Gilbert has lived in Fridley 41 years. People don't realize the downtown was very small and along came Holly Center which was an improvement as have many other improvements. Regarding the fence, if you remove the fence what is there to protect them? Others say the businesses can't flourish. Mr. Gilbert stated the PA system is lousy as he can't hear what any of the speakers have said. A new PA system would be a good improvement for the year 2000. Tom Larson '359 66th Avenue NE Originally Mr. Larson came to support the Walgreen's proposal. Mr. Larson has lived in the City for 3 years. He came to live here because he couldn't afford to buy a home anywhere else. The � neighbors and programs like the home improvement plan, the parks and `49er Days make it a great place to live. From a development standpoint, what is being done to let people know about the great programs available? If we are looking to move into the future, we need to let people know that this is a good place to live. Mr. Larson wants to have the same opportunity as the rest of these people here who are older than he, to have people his own age to also have the opportunity to move to Fridley rather than Coon Rapids or some other suburb. � - �� .� . -� - Mr. Martin would really like to see in the future the Sand Dunes maintained, clean up the garbage and put up �he guard rails to prevent kids from riding their bikes there. The reason Mr. Martin likes Fridley is, compared to other suburbs with big houses and larger expanses of grass. Fridley has large trees and they serve as a windbreak as well. Regarding the fence issue, plant flowering bushes and trees to make a beautiful area and we would have a beautiful barrier, making it aeem that Fridley is a nice place to drive through. �'"ti Ms. Olson asked the Commission what are we missing that we aren't covering? What are you suggesting we should cover, population, PLANNING CO1�Il�IISSION MEETING OCTOBER 15 1997 PAG� 8 housing, public works? Do we know what other cities have done. �"� Chairwoman Savage stated that is up to the individual. You had some nice suggestions. If there are any more specifics, we are interested in hearing about it. Ms. Dacy stated other cities are also initiating their process as well. Each may have a different suggestion. Our next meeting is Novemberl9th. If you identify any additional or specific issues, please feel free to come back or contact us. One more meeting will be scheduled in December. Comments will be assimilated and come back to conduct the same type of ineetings again. This process will take 12 to 18 months. 2. PUBLIC HEARING• CONGTDERATION OF A REZONING ZOA #97 07 BY SEMPER DEVELOPMENT LTD• To amend a previously-approved development plan in an S-2 Redevelopment District on Lots 9, 10, 11, and 12, Block 2, Rice Creek Terrace Plat 1 and Lots District on Lots 13, 14, 15, and 16, Block 3 Rice Creek Terrace Plat 2, generally located at 6525 University Avenue N.E. A 13,000 square foot Walgreen's is r� proposed. M TI N by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. iTPON A VOIC1± VOTB, ALL VOTING AYE, CHAIRPLRSON SAVAG]3 DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:15 P.M. , Ms. Dacy stated Semper Development Ltd., on behalf of Walgreen's is requesting that the City approve a new redevelopment plan for the northeast corner of University Avenue and Mississippi Street in the Center City redevelopment area. The S-2, Redevelopment District requires plan approval for any project within an S-2 area. In 1991, the City approved a plan which contained a multi-tenant retail building consisting of 27,745 sq. ft. The proposal before us is a 13,905 sq. ft. Walgreen's with prescription pick-up window. The project area is 2.88 acres. The single family site not included in the plan is located at the northeast of the existing building on 66th Avenue. i"� Ms. Dacy stated the site plan meets the typical requirements of a commercial use; however, staff is concerned that the proposal PLANNING COMMISSION MBETING OCTOB�R 15 1997 PAGE 9 � under-utilizes the area of the site, and is not maximizing the full potential for redevelopment at this location. The basis for review is S-2 District intent is to allow for mixed use development, maximum flexibility and to determine an acceptable plan which is in the best interest of the City. For example, a speaker stated he would not like to see a pawn shop in the area. The City could prohibit a pawn shop. Permitted uses of area is based on project review by the Housing and Redevelopment Authority, the Planning Commission and City Council. The existing building was built in 1965. The site was rezoned to S-2 in 1990 based on a plan which proposed a 28,230 sq. ft multi- tenant retail center. In 1991 an amendment to the plan was approved to permit a drive-through window at the west end of the site to permit a 27,745 sq. ft building. Ms. Dacy stated the Developer has met with abutting homeowners requesting their input. Homeowner comments requested pine trees, use of a wood privacy fence, removing some parking areas and putting a fence on south side of the pond. Ms. Dacy stated the City has received a letter from Scott and Annette Barrett in support of the development. � Ms. Dacy stated the site is located in Center City TIF District #1 and staff concern is the area is under utilized. The large parking area and prescription pick-up window dictates the buildings location, therefore not leaving the best efficiency of the site to increase the building for a partner retail use. The possibility of partnering a coffee shop or book store was discussed, but Walgreen's response is the prescription window is important to the success of the building and therefore, are reluctant to ahare the site. This is a smaller project than originally approved. The application by Walgreen's is prompting us to review the vision of the site. The petitioners are frustrated by this. Market issues are changing and given the recent construction at Christensen Crossing, there may be other opportunities available to the City to develop a mixed use development at the property. The HRA recommended approval on a 3-0 vote with 2 people absent. HRA saw no reason to prohibit the development. The Planning Commission will address the issue this evening and the City Council on October 27. The 60 day deadline is November 11, 1997. ,r� Staff Recommends that the Planning Commission recommend denial of the proposed plan revision to the City Council. However, should the Planning Commission recommend approval of the plan revision, PLANNING CO1�Il�iISSION ME�TING OCTOB�R 15 1997 PAGE 10 the following stipulations are suggested. Compliance with the comments of the Engineering Department as stated in the September 23, 1997 memo from Jon Haukaas. The petitioner shall execute a storm water pond maintenance agreement to maintain the detention pond at the north side of the site. A final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit. The westerly right-in right-out driveway shall be removed from the site plan and shall not be constructed. A permit for the easterly driveway must be obtained from Anoka County. The property owner shall agree to execute an easement to use parking spaces on the site for a park- and-ride site. Chairwoman Savage clarified the original project. It was a Walgreen's, Burger King and how many other businesses? Ms. Dacy stated yes, types of businesses businesses. along with a video store and depended on the that would be attracted, probably 4-6 other Chairwoman Savage asked if the City had done anything to encourage the development of this site? Ms. Dacy stated this proposal has been the first interest since the last plan in 1991. The City worked as best it could to implement that project and a development agreement was proposed and drafted. Modig clarified, staff wants to reevaluate the site? Are you saying you aren't ready for the proposal? Ms. Dacy stated Walgreen's has filed an application and the City is required to react to that application. We are in the position of reacting rather than pro-acting. If you feel this use is not appropriate, then your action is to recommend denial. It is up to staff to present all the options. We question if there has been a legitimate analysis done by the Commission and Council. Is this consistent with what you want to see for the area? We are in a reactionary approach. Is this what the community wants? Councilwoman Savage stated the surveys reflect the people want amenities such as coffee shops and restaurants. How do we accomplish that? Ms. Dacy stated you are in the position of having to react to a �, � � PLANNING COMMISSION ME�TING OCTOBBR 15 1997 PAG�� � proposal. The typical approach is the HRA and Council reach a joint agreement to redevelop the site, initiate acquisition and take ownership of the land. We identify the vision and conduct a request for a proposal and a developer steps up to take site control to accomplish the vision. Chairwoman Savage stated the concern not yet stated by the audience is nothing has happened since 1991. What we have is not what we want. But we want to see something nice going in there. Mr. Oquist asked is there enough parking spots to accommodate more than Walgreen's parking requirement? If we knew that we wanted to take control of this area, why haven't we been doing that until now, when someone comes along with a nice plan? Ms. Dacy stated, yes there is sufficient parking. The City has been working proactively on the Southwest Quadrant which took a long time to get through. The acquisition and Mississippi Street issues took over 2 years. Secondly, the last 4-5 years has been to initiate a changeover on the Lake Pointe Site. The City took ownership back from the developer. We have been marketing that /"� site in the early 90's and have been working with MEPC for the last 18 months. We are seeing some success. These two sites were directed to us by Council as priority. I think you will see an initiation for the construction of this site and address the issues. At this point it is time to take a serious look at this 4th corner of this intersection to complete the puzzle. If you feel it is appropriate you approve, if not, you deriy. Mr. Sielaff asked about the park-and-ride, are you taking space out of the landscaped areas or share Walgreen's parking spaces. Ms. Dacy stated approximatel� 10 to 15 spaces can be shared, depending on the timing of Walgreen's peak hours. This plan does not specifically identify those spaces on the plan. We would work with the owner to preserve the shared parking spaces. Ms. Dacy cannot recommend an exact number of spaces needed for the future. Mr. Sielaff asked if the S-2 use intended to be flexible for types of development. ,� Ms. Dacy stated, that is correct. Ms. Modig asked about the park-and-ride, does the homeowner lot PLANNING CON�lISSiON MEETING OCTOBER 15 1997 PAGE 12 that is not included in this plan still not a part of the package or will it be needed to accommodate the park-and-ride spaces? Ms. Dacy stated, yes. If this plan is approved, that lot will continue as a residential use. Another option is the City or owner can petition a rezoning back to R-1. The petitioner, John Koehler, Architect for the Semper Development stated a 13,905 sq. ft Walgreen's is proposed. This is slightly smaller than the existing building. The business will serve a 1.5 mile surrounding area as a neighborhood store. The project does have a drive-thru pick-up window to pick up a prescription previously called in. This is utilized by elderly and handicapped or parents with sick kids. Typically traffic for a drug store is a slow trickle all day. There is not a high peak time. The access proposed is will be signed as no southbound access to University here. As the developer, we have talked a lot with the neighborhood. They want a strong buffer between residential and the businesses. The buffer zone will be larger than the front yards that homes in the area have now. The original plan proposed a fenee separating residential from commercial. A 7 ft high cedar fence to follow the parking area and have the green area on their side of the fence was requested. Parking needs for a typical Walgreen's is 70 - 75 spaces. If we eliminate a row of parking on each side we can increase the green area and an additional row of pine trees. The neighborhood requested a different type of tree than the Willow proposed and the developer is willing to address the request. The lighting was also a concern. All lighting will be shielded away from the buildings. The building will be face brick on all 4 sides. There is no loading dock, a small overhead door and service door. A truck will come three hours once a week. The only areas of stucco are the overhangs and a large glass front. The construction costs on this building are $72 sq. ft versus a typical $50 sq. ft. Walgreen's is making a long term commitment to the site. Part of the reason they would like to be the only tenant is the maintenance. They want to be a good neighbor to their customers who are their neighbors. Mr. Kohler requested a show of support by raising their hands from the audience. Chairwoman Savage asked if this project is similar to the store in Anoka. Mr. Kohler stated the business is similar in size, but this is a building upgrade. � �, �"� ,� a pLANNING CO1�lISSION MELTING OCT08ER 15 1997 PAGE 13 Ms. Modig asked about the store hours of operation. Mr. Kohler stated typical business hours are 7 a.m. to 10 p.m. There are a few that are open 24 hours but he is not sure this location will be open 24 hours. Craig Christensen of Semper Development stated the park-and-ride is a new request since being approved by the HR.A. Mr. Christensen isn't sure what the park-and-ride agreement was with the first development. Semper Development is opposed to the park-and-ride stipulation. If we work with the proposed plan, we have 72 spaces and there is no extra parking for a park-and-ride which would create an operational nightmare creating maintenance and liability problems. It creates morning and evening traffic in the neighborhood. It imposes a public use on a private property. A bigger parking area would be needed for a park-and- ride. If the parking spots were signed in some way, obviously people will park in other areas of the lot. Chairwoman Savage stated you realize that could be a stipulation � if we approve this request. The City is not looking at a strip mall but perhaps adding a tasteful amenity such as a coffee shop or an upgraded bookstore. Apparently Walgreen's is opposed? Mr. Christensen stated it is not feasible as this plan is driven by what Walgreen's requires. Mr. Kohler stated the way the site plan works, it is a good concept. If you knew that a coffee shop or bookstore will be there for 20 years great. The history demonstrates that those businesses come and go every 7 years. Mr. Christensen finds it ironic the City wants a bigger project but would propose the burden of the park-and-ride and then Walgreen wouldn't have the option to expand their building. Ms. Dacy stated both agencies have a different mission. The park-and-ride issue was not appropriate to diacuss at the HR.A meeting and Ms. Dacy had spoken with Mr. Kohler on that stipulation. The park-and-ride was a part of the 1990 plan, also referred to as a kiss-and-ride. Ms. Dacy stated the City wants ,� to meet the demand for the future. Mr. Oquist asked has the City considered using the Holly Center PLANNING C014Il�lIS�ION ME$TING OCTOBER 15 1997 PAG� 14 lot for park-and-ride. Mr. Oquist would be opposed to a park- �°"1 and-ride. � Ms. Dacy is not suggesting this development be penalized with a park-and-ride. This was a stipulation in the 1990 plan. The same stipulation would be requested for any plan. We are not singling this property owner out. This issue is similar to the southwest corner where we have an easement for an over pass or an under pass. Mr. Oquist disagreed. It appears we will jeopardize the green area for the park-and-ride. Ms. Dacy stated there is still an additional lot in the S-2 district. The traffic pattern they have is not peak so it is a good share situation. Ms. Modig asked, If we approve this plan, we eliminate that lot not utilized in this plan. In order to do that and accommodate a park-and-ride, we would have to acquire the property that we may designate as R-1? � Ms. Dacy stated there are two options. The City has the ability to acquire or rezone the property as R-1. The petitioners traffic pattern creates the ability to share. The way the stipulation is worded provides enough flexibility for both to work out an agreement Mr. Sielaff asked about the existing driveway, staff recommends taking it out. Why do you need it? � Mr. Kohler stated traffic will be able to make a left turn at this area. This allows for easier movement of traffic around the site. We plan to sign that you may not cross to south University Avenue. We have heard from neighbors that at peak traffic times this does back up making this the access point of choice. Mr. Sielaff asked is there data available on the traffic accidents. Ms. Dacy stated additional research is required. Ms. Modig asked, Why are you objecting to it if it is already �,.� there? PLANNING CONIlKISSION MEETING OCTOB�R 15 1997 PAGE 15 � Ms. Dacy stated there is more background traffic on Mississippi compared to 10 years ago. When new developments are addressed, we try to address problems. Mississippi carries a tremendous amount of traffic. The City must decide we have a safety issue and volume of traffic to address. I don't think it makes good sense to continue its existence. Traffic will back up on site, but that is the way it should be. Mr. Sielaff asked about the additional S-2 lot, is it vacant? Ms. Dacy stated, no. Mr. Kohler stated the property owner has significantly improved her home and has no intention of selling. Mr. Sielaff asked, Can something else happen on that lot if it is zoned as S-2? Ms. Dacy stated, not without the approval of the City. Mr. Sielaff asked is the product mix of this store typical of � Walgreen's or will you do something different here? Mr. Kohler stated it is your typical Walgreen's, it is not a super store, a neighborhood store. Norma Swanson, the property owner, resides at 361 Rice Creek Terrace. Ms. Swanson has been a resident of Fridley for 38 years. Ms. Swanson's father, Mr. Theisen was invited to open a supermarket here in Fridley. The Council turned down his requests to build which resulted in the Red Owl. Mr. Theisen felt that if you have a business in the community, you should live in the community. Ms. Swanson has proposed numerous developments that have not been passed. Each proposal costs numerous dollars and it ties it up the property so we can't rent it. A park-and-ride was proposed and the people do not want a park-and-ride. Ms. Swanson stated, "I don't understand how you can continue to put restrictions on this property. At the HRA the City stated this is not our #1 priority, we are working on other things. Now we should look at it from a proactive rather than reactively. This makes me very angry and the City has suffered because of the tax increment they miss. The green area � is beautiful. There is plenty of park-and-ride area across the street. You can count on this nice, clean, reputable tenant. Upkeep of this property will be taken care of. It is time to PLANNING COI�KISSION MEETING OCTOBER 15 1997 PAG� 16 move ahead as I am under court order due to a death of a brother /"1 to sell this property. The park-and-ride is just another hook by the City. The County has continued to nibble away at the property. They are happy with the 2 pieces they have taken. It is time to develop." Mr. Sielaff asked does the bike path pass through this property? Mr. Kohler stated yes, and it will stay in the same location. Don Bennethum a resident of 6111 Star Lane represented Louise Bennethum. Mr. Bennethum stated it is ridiculous to believe there will be just one truck delivering to this location. There will be beer, pop, and additional truck traffic other than described. A house will be removed, one that was recently purchased by Mrs. Swanson's son. There are 4, 75 ft. lots by 150 ft. deep. We are going to add 65,000 sq. ft. to this area, and build a store that is slightly smaller than the current building. Is that under utilization? As a resident of Fridley I am opposed. Jean Ingebrigtsen, of 5811 West Moore Lake Drive stated she shopped at the Theisen family store. Ms. Ingebrigtsen recommended the prescription pick-up should be located at the side of the building instead of driving around the building. What is your responsibility to Holly Center to Snyder Drug? Competition is said to be good. I hope we take into consideration that these two businesses will be located just across the street from each other. It hasn't been your concern that Snyder's will succeed. If they don't succeed, who will be there? Duane Hanson, a resident of 365 66th Avenue NE stated, of all the options presented and turned down Walgreen's is the best we have seen. Fast food, pawn shops don't look good. Our best option is Walgreen's. Who wants to look out their window and look at the back of Burger King. We have seen other Walgreen's well kept. Let's have a development that will look good. Patricia Anderson, a resident of 367 66th Avenue agrees with Duane. The Anderson's have lived in Fridley for 11 years and love it because it feels like a community. The point is the proposal dresses up the corner and alleviates concerns of the people while addressing the concerns of the neighborhood. People don't always look at just bricks and mortar but a business that �"1 pLANNING CON�lISSION MEETING OCTOB�R 15 1997 PAGE 17 '� wants to contribute to the integrity of the community. Paul Monson, 369 66th Avenue explained the current tenant has peak traffic right after work, when people work out. Many people are coming and going and there doesn't seem to be a problem. The Walgreen's will have less traffic than that. Tom is in a food industry, Walgreen is very competitive and he has no doubt that Walgreen's will be stable in the community. Snyder's will have to be competitive. Louise Bennethum, 368 66th Avenue has lived next to this property since 1958. There is a coffee shop right now and we clean up the mess. Ms. Bennethu would like to see this plan go through. This is a golden opportunity to give Fridley a good up front view for traffic passing on University. Make your decision now. Ms. Bennethum just put $60,00� into her home and would like to see that green area to enhance the area for when she sells. Bill Hogan, 365 Mississippi Street lives next door to project. This developer has worked with us to make the project more comfortable for my home. If you design the exit further west, �'"� that will bring additional traffic near the Hogan's home. When people make a U-turn to get into the existing development, they turn around in front of the Hogan home, flashing light into the living room. If people are worried about the traffic back up, then you won't approve a development at all. Right now people illegally drive left to get out, or do a U-turn to get into the drive right now. Because of the way it is designed, people drive in the wrong direction on Mississippi to go east. If you have just one exit you double the traffic coming by my home. MOT by Mr. Kuechle, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THg MOTION CARRI�D AND THE PIIBLIC HEARING CLOSED AT 9:55 P.M. Mr. Oquist stated he supports the project. If they accomplish the landscape plan it will be an attractive corner. Mr. Kuechle concurs with Mr. Oquist and sympathizes with the City for having lost control. Mr. Kuechle recommends deleting the #5 ,� park-and-ride stipulation and understands there is a need to address the driveway as recommended by the resident. PLANNING CONIl�II SION ME�TING OCTOHER 15 1997 p�r� lg Ms. Dacy stated there was discussion of making a smaller median �, and making a larger driveway. Chairwoman Savage agrees with Mr. Kuechle. The problem is what we have in the corner is an eyesore. We want to see something and the frustration is that nothing has worked out in the past years. We do have a project that looks good and would be in favor of it. However, Chairwoman Savage agrees with staff, there is room for negotiation with stipulation #5 . We should look to the future as we may have mass transit and need to plan for it. If we eliminate #5 does that leave us with Holly Center parking as an option? Ms. Dacy stated it is hard to predict what the implementing agency will require. Similar to utility easement, we are requiring designation for a use. The intent is to preserve the City�s options. Mr. Oquist stated he is concerned about the park-and-ride liability. Who is liable for accidents and vandalism? If the City wants park-and-ride, then the City should be liable. Ms. Dacy stated at this time mass transit is their responsibility � of Anoka County. Right now there is no liability issue and does not anticipate the City going into the transit business or operating a park-and-ride. However, it is appropriate to address that issue and its impact. Ms. Modig stated if we don't include stipulation #5 then it will be considered at the time that we get mass transit. If there is no easement in that area, then they wouldn't consider that area anyway? . Ms. Dacy stated the two options available are the City would go to the property owner to negotiate or try to identify another site. Ms. Modig stated there were other sites identified when we did that plan many years ago. Ms. Modig understands the difficulty for the City to react to a plan due to time commitments. When we went through the plan in 1991 with the other businesses there were concerns with the amount of traffic going in and out, safety and lighting. Ms. � Modig would like to see this happen due to the support of the pLANNING CON�IISSION MEETING OCTOBER 15 1997 PAGE� � neighborhood. The petitioner seems to be willing to work with the City and neighborhood and compliments the new neighborhood across the street. Ms. Modig recommends also to eliminate stipulation #5 and the easements will have to be negotiated in the future. If we eliminate the west driveway then all the traffic will be near the residents home. Therefore Ms. Modig recommends staff and the petitioner work to move the driveway further to accommodate the right out. ,� Mr. Kondrick stated he is not crazy about a drug store at the primary intersection of the community. The advantage of this plan is the nice buffer between the business and neighborhood. The plan is before us. The park-and-ride will happen in the future and Mississippi Street will be the spot for it but we need a major hit for it. Transit is supposed to be on the east side of the street. Mr. KondriCk concurs with eliminating stipulation #5. Although he sees staffs intent. As far as the driveway, I recommend eliminating the westerly driveway. The traffic can stack inside the lot. Traffic can go south or north if they want to. Mr. Kondrick will vote for the project with stipulation #5 eliminated and only the easterly driveway permitted. Mr. Sielaff stated it is time to develop this land and sees no compelling reason to have a park-and-ride as an issue. Mr. Oquist asked Mr. Kohler if they would consider making the easterly driveway a 3 lane drive. Mr. Kuechle recommended removing stipulation #4 and suggest staff and the developer go back and change the driveway. Ms. Modig concurred, we need to address the wording of stipulation #4 so staff and the petitioner come to an agreement on the driveway. Chairwoman Savage stated let the record indicate that Ms. Modig is opposed to eliminating stipulation #4 and that Chairwoman Savage is in favor of keeping stipulation #5 as the City should have that option. MOTION by Mr. Sielaff to recommend approval of this request, ZOA #97-07, to amend the project plan for this redevelopment and ,� remove stipulation #5 from staff recommendations and stipulation #4 be reworded so that staff and the petitioner come to an agreement on the driveway, as follows: PLANNING CONIlKISSION ME�TING OCTOBgR 15 1997 PAGE ZO 1. Compliance with the comments of the Engineering Department as stated in the September 23, 1997 memo from Jon Haukaas. 2. The petitioner shall execute a stormwater pond maintenance agreement to maintain the detention pond at the north side of the site. 3. A final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit. 4. Staff and the petitioner shall come to an agreement on the driveway. Seconded by Mr. Kondrick. UPON A VOIC$ VOT�, ALL VOTING AYE, CI�AIRP�RSON SAVAGE D$CLAR�D THE MOTION CAR,RIED. Ms. Dacy stated, this request will go to the City Council on October 27th. 3. PUBLIC HEARING• CONSIDER.ATION OF A PRELIMINAR.Y PLAT P S �97-05, BY TODD ACHMAN OF BACHMAN'S INC To replat Lot 2, Block 1, Walton Addition, generally located at 8200 University Avenue N.E. (north of Sam's Club). Councilwoman Savage stated the Commission will take the three Bachman items for consideration together. Staff will present all three items and discussion will follow. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPLRSON SAVAGL DECLARED TiiE MOTION CARRILD AND THE PIIBLIC HEARING OPEN AT 10:10 P.M. Ms McPherson stated Todd Bachman requests that the City approve a preliminary plat entitled "Walton 2nd Addition". The proposed plat is for property generally located at the intersection of 81st Avenue and University Avenue. The proposed plat will create three lots; one containing Sam's Club, a development parcel for Bachman's, and a third lot which will be vacant and may be sold � � n pLANNINa COMMISSION ME$TING OCTOB�R 15 1997 —PAG� 21 � for a future use or by Bachman's. A 25,000 sq. ft Bachman's facility is proposed. The petitioner is also processing a rezoning request and special use permit for garden sales. This request is a replat of Lots 1 and 2, Block 1 of the recently- approved Walton Addition. The purpose of the replat is to "swap" areas to create a better development site for Bachman's. The proposed lots meet the minimum lot area requirement for the C-3, General Shopping Center District. The proposed vacant lot will contain a future use to be determined. The petitioner has agreed that the use on the vacant lot will not be automotive-related. A common storm water pond use and maintenance agreement will need to be recorded against the plat for the detention facility located on Outlot A, Walton Addition. Park dedication fees will also be required. Ms. McPherson stated staff recommends approval of the request to the City Council with the following stipulations: 1. Execute and record common storm water use and maintenance agreement for Outlot A, Walton Addition against the plat. /!'� 2. Park dedication fees shall be paid at the following rates: Lot 2 (Bachman's) - $5,657.42 Lot 3 (Vacant) - $1,217.07. 3. Rezoning request ZOA #97-08, shall be approved. 4. PUBLIC HEAR.ING CONSIDERATION OF A SPECIAL USE PERMIT SP #97 08 BY TODD BACHMAN OF BACHNLAN'S INC • Ms. McPherson presented the second request by Todd Bachman, to allow a garden center or nursery requiring outdoor sales on Lot 2, Block 1, Walton Addition, generally located at 8200 University Avenue N.E. The request is for a proposed 25,000 sq. ft. retail facility with a 7,000 sq. ft. green house and 66,000 sq, ft. outdoor sales area located at 8200 University Avenue N.E. Ms. McPherson stated previous requests for special use permits for garden centers or nurseries have required the integration of these facilities into the main building. The proposed sales and storage area in this request will be located west of ancl to the ,� rear of the main str`ucture. It will be surrounded on three sides by a fence. There will be gates for fire and emergency access only. Customer vehicles will not have access to the storage area PLANNING CONIl�SISSION ME�TING OCT B$R 15 1997 PAGB 22 and customers will use shopping carts to remove materials. A ,� cedar arbor will be constructed to provide shade to some of the materials. Typical stipulations related to these particular requests include no sales or storage in front of the building and no outdoor storage of chemicals. The petitioner has agreed to these particular stipulations. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. There shall be no sales or display of inerchandise in front of the building. 2. There shall be no outside storage of chemical fertilizers, pesticides or herbicides. 3. The plat request and rezoning requests shall also be approved. 4. There shall be no off-season storage of bulk inventory in outdoor sales areas. ,� 5. The fence enclosure and pergola for outdoor sales area shall be built as designed to be architecturally compatible with the _ building and building elevation plan dated October 8, 1997. 6. Building elevations shall be built as proposed on the plan dat�d October 8, 1997. 5. PUBLIC HEARING• CONSIDER.ATION OF A REZONING ZOA #97-08 BY TODD BACHMAN OF BACHMAN'S IN Ms. McPherson presented the third request by Todd Bachman to rezone property from C-2, General Business to C-3, General Shopping Center, on Lot 2, Block 1, Walton Addition, generally located at 8200 University Avenue N.E. (north of Sam's Club} Ms. McPherson stated this request, if approved, will comply with the stipulation on plat approval, P.S. #97-02, Walton Addition, which was recently approved by the City Council and completed by McCombs, Frank, Roos on behalf of Wal-Mart. The rezoning is in conjunction with a plat and special use permit request for a 25,000 sq. ft. retail facility. The rezoning request meets the ^ three evaluation criteria used to evaluate rezoning requests. Compatibility of the proposed use with the proposed district. PLANNING CONa+iISSION MEETING OCTOB�R 15. 1997 _ PAGB 23 � Compatibility of the proposed district with adjacent uses and zoning; and compliance of the proposed use with the proposed district requirements. Staff recommends that the Planning Commission recommend approval of the rezoning request to the City Council. Ms. McPherson presented a video of the Bachman's facility located at Lyndale Avenue and 66th Street in South Minneapolis. The video showed landscaping of the parking area. Landscape and design treatments proposed for the Fridley site are similar to the Lyndale store. Ms. McPherson noted that the decorative lights have the shepherd hook, and the rock face block at the front of the building as well as metal flashing; green tinted glass on the front and clear glass on the rest. The decorative lights and banners are also utilized. Bachman's is proposing extensive landscaping in the parking lot island at the Fridley location. Green accent colors are utilized in the facility as will be utilized in Fridley. Todd Bachman and Brian Cluts addressed the Commission concerning the project. Mr. Bachman stated the video did not emphasize the �'°�, detail and colors of the project. The store has a 25,000 sq. fto of retail, floral and gift area and a 7,000 sq. ft. greenhouse area. The large atrium area is the main entrance to the store. The smaller entrance is to the green house. The color scheme is similar to the Lyndale store and has been met with great acceptance. Bachman's business is one of enhancing the environment and they carry that out throughout the facility. Samples of construction materials were displayed. This store is similar to the other 4 stores Bachman's has built over the last 7 years. Mr. Cluts displayed the materials to be used on the building. The base of the building is a Terra cota block and the green metal accents is quite striking. The light poles and flashing details are also made of the same green metal accents. Mr. Sielaff asked about the parking lot, will it be similar to the 66th and Lyndale facility? The only concern Mr. Sielaff had was the expansive parking at Sam's Club and then another one located next to it. ,� Mr. Bachman stated the proposed plan for parking is for islands with plantings but not plantings between the cars. There will be a total green facade with a well planted entry way with large �__L�NNING COMMISSION MEE ING OCTOBER 15 1997 PAG� 24 trees, flowering crabs and Hackberry, a very finished look the � day it opens. Extensive landscaping in front of the building is also planned. Ms. Modig asked if Bachman`s have any problems with the stipulations. Mr. Bachman stated, no. Mr. Kuechle asked are we giving them anything that we haven't given anyone else? Ms. Dacy stated, no. Mr. Hickok stated the integration in the design is the key. As opposed to the other requests for nursery or garden center with outdoor sales in the parking lot. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPTsRSON SAVAGFs DECLARLD THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 10:40 P.M. MOTION by Mr. Sielaff to approve plat, P.S. #97-05, with the � following stipulations: 1. Execute and record common stormwater use and maintenance agreement for Outlot A, Walton Addition against the plat. 2. Park dedication fee shall be paid at the following rates: Lot 2 (Bachman's) - $5,657.24 Lot 3 (Vacant) - $1,217.07 3. Rezoning request, ZOA #97-08, shall be approved. TI N by Mr. Sielaff to approve special use permit, SP #97-08, with the following stipulations: 1. There shall be no sales or display of inerchandise in front of the building. 2. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. n 3. The plat request and rezoning requests shall also be approved. y PL�,NNING CONII�ZISSION MELTING OCTOBER 15 1997 PAGE 25 4. There shall be no off-season storage of bulk inventory in outdoor sales areas. 5. The fence enclosure and pergola for outdoor sales area shall be built as designed to be architecturally compatible with the building and building elevation plan dated October 8, 1997. 6. Building elevations shall be built as proposed on the plan dated October 8, 1997. MOT N by Mr. Sielaff to approve rezoning, ZOA #97-08. Seconded by Mr. Kondrick. IIPON A VOICT VOTE, ALL VOTING AYE, CHAIRPLRSON SAVAGP DECLARED THE ABOVE MOTIONS CARRIFD IINANIMOUSLY. Ms. McPherson stated these 3 items will also go to the City Council on October 27, 1997. � 6. PUBLIC HEARING CONSIDERATION OF A ZONING TEXT AMENDMENT. 7'r'A #97-03 BY THE CITY OF FRIDLEY• To amend the Zoning Ordinance to allow wireless communication facilities (monopole towers) in P, Public Facilities zoning districts. The following properties are currently being considered for wireless communication facilities: Recycling Center site, Community Park, Edgewater Park; Commons Park, the water tower located at 53rd and Matterhorn Drive, the water tower in Locke Park, and the Wellhouse #13 site at 51st Avenue and East River Road. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPPRSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 10:50 P.M. Mr. Hickok stated in February 1996, the federal government concurred on the passage of the Telecommunications Act. This Act ,..� impacts wired and wireless operators of telecommunication services and responds to the impact of the increased competition in the market. The Telecommunications Act of 1996 preserves the PLANNING COI�IlKISSION ME$TING OCTOBER 15 1997 PAG� 26 authority of the City to regulate the placement of facilities for �"1 telecommunication services but ensures we do not unreasonably interfere with the industry. In early 1997, the City Council placed a moratorium prohibiting the construction of new communication and antennae array. The moratorium established allowed the City to take a comprehensive look at the impacts of the 1996 Telecommunications Act and establish acceptable antennae locations. Since the moratorium was established, staff has worked with a PCS consultant to get a clear understanding of the technology, the issues, and to determine how many antennae locations would be required to serve the community. Mr. Hickok stated, after significant review by the advisory commissions, the City Council directed staff to prepare an ordinance regulating wireless communication facilities based on a site-specific approach. T'he City council also retained a law firm specializing in telecommunications to review the ordinance and to assist the City in its preparation. Tony Mendoza from Fredrikson & Byron will also address the Planning Commission concerning legal issues. David Dolter will assist in answering technical questions regarding the industry on behalf of the City. Mr. Dolter is a sub-contractor who has served in the deployment � of over 250 sites and has also served as a city manager. Mr. Weaver was also hired to meet with industry representatives in an effort to understand their needs. Since preparation of the original draft of the ordinance, Mr. Mendoza and Mr. Adrian Herbst from Fredrikson & Byron have reviewed the ordinance and have made significant improvements to the ordinance. They suggest the City to create an overlay zone (similar to the overlay zones for flood plain and shoreland regulations) for telecommunication sites. Ms. Dacy stated the ordinance proposes 14 sites as permitted uses. The City-owned sites are the three water tower sites, the Recycling Center site, Community Park, Edgewater park, Commons Park, and Wellhouse No. 13 at 51st Avenue and East River Road. The second area of sites is located in the vicinity of Onan Corporation, Totino Grace High School, Al1 Temp Storage on the west side of Main Street south of I-694, the water tower facility at United Defense, and the site at 81st Avenue and Main Street. The privately-owned sites have been selected based on the criteria discussed earlier, but they were not part of the � previous information process. PL NG COMMISSION MEETING OCTOB�R 15 1997 PAG� 27 � Mr. Sielaff asked does the City have the ability to limit the number of towers according to federal law? The only thing that limits this industry is public demand? How many towers are we � talking about? Mr. Hickok stated the City does not have the ability to limit the industry needs. We have developed a plan based on the industry, co-locations in an effort to provide for, and not limit. The tower locations we have selected may all be utilized for co- location opportunities. There are not 14 sites, but 2- 3 vendors per site. Ms. Modig asked, how tall are the towers going to be? Mr. Hickok stated it depends on the elevation of the site. A monopole is 125 feet maximum. We do have some equipment already in the community. The surge tower off Alden Way and the McGlynn's building and the Highway 65 water tower all house equipment. Chairwoman Savage requested clarification. Is the faxed /"'1 ordinance is the one we need to review this evening? Ms. Dacy stated yes. She presented the changes which include a clarification of what would be permitted as nonconforming site. The proposed ordinance is set up as an overlay ordinance. There is a list of sites as "approved sites", rezoning them as eligible for a wireless telecommunication. The third change is the height restriction. The maximum height for a monopole is 125 feet. The fourth change is on page 8 requiring an analysis to address interference with public safety equipment. The fifth change states a monopole should be designed so that it supports 2 arrays. There are other miscellaneous issues that were addressed but to be brief, I have highlighted these. Ms. Dacy stated the privately-owned sites were not originally included in the original review process. The City will initiate notification to the property owners, a due process issue does need to be taken care of. Mr. Kondrick asked if the people who place their equipment on these sites feel 14 sites are enough coverage in the City of � Fridley? Ms. Dacy stated staff's research indicates that these sites are � PLANNING CONII�! SSION MELTING OCTOBER 15 1997 PAGE 28 adequate. Ms. Modig requested clarification on privately-owned sites, do you need permission or do you just do it? Ms. Dacy stated this is a rezoning situation. We would notify the owner the site is being evaluated and they are welcome to come to the Council and object. Mr. Oquist asked, What about private properties and lease agreement? Ms. Dacy stated a lease agreement with private owner would have to be initiated. The lease agreement is between the private owner and the provider. Mr. Sielaff asked what recourse does the private property owner have? � Ms. Dacy stated they have the right to object, this is a zoning issue. It is possible to approve a zoning over the objection of the owner. � Mr. Kuechle stated the property still has the right to say no to the tower. Mr. Kondrick stated if someone tells us to "go fish", then we have to go somewhere else. Ms. Dacy stated, correct. Ms. Modig asked how many are located in public domain and why did we go to the private sector? Ms. Dacy stated the first seven are in public domain and the remaining are in the private sector. Mr. Mendoza stated the first issue to address was making City- owned sites exclusive as they came into play under the Telecommunications Act. If the City legislates, at some point you may run out of City-owned property. We cannot prohibit any deployment of wireless telecommunication issues. The City would be discriminating in favor of itself for others to get a � shot at this revenue. We advised staff against making their sites exclusive. There is also coverage issues which would bring PLANNING COI�+lISSION MEETING OCTOHER 15 1997 PAG$ 29 � in problems relative to section 704 of the Telecommunications Act. The cities action could be interpreted as to prohibit the ability to provide service. Chairwoman Savage asked are you aware of other cities dealing with this issue? Mr. Mendoza stated, yes my firm has handled many other cases. This is somewhat of a novel concept that Fridley has taken. It is a good concept, to select and pre-approve sites to support wireless facilities and present it to the industry is not something we have worked with in any other area in the country. Mr. Sielaff stated, "I don't understand how this addresses the interested parties that want to have a tower can get one. Why put any private property owners on the list right now. Why not find out if there is anyone interested who wants a tower?" Mr. Mendoza stated that would be done through rezoning if their property is not included on this list. One of the changea made to the first draft is on page 4 allowing a conditional use ,� provision that if approved sites were exhausted. The list of property owners goes to the issue of coverage. The map illustrates the evenly distributed areas. Ms. Modig asked, "Did these property owners say they want a tower. If Grace doesn't want one, and I do. I need to apply for rezoning, and if I get one, they don't have to have one?" Ms. Dacy stated when starting out, the providers will tell you it isn't governments role to determine coverage. The Commissions role is to address land use. All the questions you are asking such as what about the other sites. As best we know it, we need to provide a good size number of sites. You are on the right track. Council has to evaluate each application. Council may disagree with some of these sites and we would have to designate others. Mr. Oquist asked, "Have the private sites been notified that they are on this list?" Ms. Dacy stated no, we need to notify them prior to the public ^ hearing. Councilwoman Savage requested direction from staff for tonight's LANNING CO1�IlyiISSION MELTING OCTOBER 15 1997 PAGL 30 action. Ms. Dacy stated the role of the Planning Commission is to make a motion to approve the draft received this evening subject to changes they may feel are appropriate. It will go to Council and subsequent drafts will be acted on. A public hearing process will be initiated and will come back to the Planning Commission in 3 months regarding the privately-owned sites. Mr. Sielaff asked will there be something going on that could change the way we look at this in the near future. Ms. Dacy stated the industry is changing very quickly. Technology is constantly changing. Mr. Oquist asked about being somewhat unique in determining the sites. No one else is trying to do that? Mr. Mendoza stated as far as he knows, those communities he has worked with particularly because of the timing, and numerous requests, other communities are reacting rather than taking this type of approach. Mr. Sielaff asked, laws change?" "Is the FCC a rulemaking body and will the Mr. Mendoza stated they issued several rules. Most importantly, the preemption of satellite antennas. This is an evolving area of the law and technology. Before the law catches up, the technology will have changed. Mr. Beck, of ATT Wireless Services explained ATT's reactions to the ordinances and explained the needs of ATT. Mr. Milke determines sites for ATT. The ordinance is innovative and caused ATT some concern but it is workable. The needs relate to the technology. A system of a series of cell sites are necessary to cover the capacity so everyone can utilize the technology. Each cell site can handle a certain number of calls. The system was turned on with 9 cell sites. Now we are at over 100 cell sites. As the system matures we need more cell sites but at lower locations. The location of each additional cite becomes less flexible. The site is determined by�capacity. A search area will be identified. The search area will be very small. We will need sites that don't fall within the 14 sites. You have added additional sites and the opportunity to go out to the private d � � � PLANNING CONa+lISSION MEETING OCTOBSR 15 1997 PAG$ 31 � sector, those are good moves. Our goal is also to serve a broad sector of Fridley with the least amount of impact. We also serve as a back up to the public safety issues. Mr. Sielaff asked so you agree with the locations but need more? Mr. Beck stated, we don't know about the private property owners. For one or more provider, undoubtedly there will be a need outside the designated site. We would also ask you to consider, in virtually all communities we have been encouraged to locate on existing structures. We can mount these on locations with minimal visual impact. Ms. Modig asked, how about impact? Will this interfere with anything I have in my home? Mr. Beck stated, this is only a visual impact. It has virtually no interference with consumer electronics, and there are no health impacts. It is a visible, line to site technology. Mr. Kondrick stated, instead of more sites, why not have 2 or 3 ,''"1 poles on each site. Why the additional sites? Mr. Beck stated, hopefully we will have one pole with multiple users. We need a 25 feet vertical separation so the more height you allow us the better. The issue is the location of the sites, as the system matures we have a very little area where we need an additional site. Mr. Kondrick stated so we have two issues, coverage and capacity. The number of sites is adequate, then the capacity needs to be addressed. Mr. Beck stated, the issue is we won't need 14 sites in Fridley as one carrier. There won't be more than 14 for a long time. The issue is location. We are looking for flexibility to put an antennae where we need it. Chairwoman Savage asked are you addressing this right now? Mr. Beck replied, yes. We request the Commission consider allowing as a permitted use, a building mount. To encourage us � to go on existing building and not build the poles. To avoid paying for the pole, would be great for ATT. PLANNING CONIlKISSION MEETING OCTOBER 15 1997 PAG$ 32 Mr. Sielaff asked, would providers have poles in other locations? �"� Mr. Beck stated yes. It is good to have enough height on a pole to co-locate. It is a numbers game, we are co-locating more than we have in the past. We have worked with 50 different communities concerning these issue. One is to reduce the number of poles and put them on buildings. You have a good start here. By telling us we want you to go to one of those 14 sites, that is great, if you want less poles, then put us on buildings. But if it doesn't meet our needs, we wont go there. Ms. Modig asked, is there anything in this document about the buildings? Ms. Dacy responded, no. We have identified 14 sites. Some buildings such as the All Temp building on I-694 was selected because of the location. At this point we are not recommending the Commission amend the ordinance but to pass the ordinance before you. If you would like to discuss the height issue we can do that with Mr. Dolter. Mr. Beck stated, you won't see any new law coming out of what the � City can or can't do in this right now. However there is a lot of pressure from the industry so where we are is where we will be. Anthony Segal, Engineer and Regional Operations Manager for US West displayed a typical water tower with antennae. Other cities permit mounting antennae on an existing structure. From a building perspective, US West would prefer to mount on a building rather than construct a new tower. The antennae can be painted the color of the building to blend into the structure. When buildings are wider instead of tall, the antennae is mounted on top of the building. Screening can be placed to hide the antennae. An example of an antennae located on a light pole was also displayed. Antennae can also be located on top of a transmission facility. Unless pointed out you will not see it. Mr. Kuechle stated Fridley doesn't have very tall buildings. How high do you want to get them up? Mr. Segal stated we have buildings as short at 40 - 50 feet. We would like to see encouragement from the Commission to use these �...� facilities. PLANNI_NG COI�KISSION MEETING OCTOBER 15 1997 PAG� 33 � Ann Hagan, a resident of 551 Rice Creek Boulevard NE addressed the Commission with her concerns. Ms. Hagan expressed concerns related to her comfort level on the tower from an environment health point of view. We are more acutely sensitive as human beings . Is that 50 to 100 watts per tower? The latest environmental consultants when evaluating school locations looked at the measurements of power in determining school locations. Environmental consultants determine recommendations on radon, prior land usage, method of building and concern of electromagnetic field. They look for 60 hz power use, and electrical equipment. There is a relationahip between electromagnetic field and childhood leukemia's. In Stillwater, in determining the site of their new school, they determined all the amount of power use. Minnetonka also hired the same consultant to make these determinations prior to building. Newer books published since 1996 have chapters on electromagnetic's. Ms. Hagan wants to make sure we are covering ourselves and considering all the issues. �, Mr. Hickok stated, David Dolter can speak to any technical questions the Commission may have. David Dolter stated, the City's review of sites ensures that the towers are built in a way that they will minimize the aesthetic affect. That is why we don't recommend using building mounted antennas. The industry cannot tell you when they need to fill in the blanks between the sites. As the number of calls increase, they will need to fill in the blanks but we don't know when. We want to minimize the clutter and be proactive. Mr. Kuechle stated Mr. Dolter's statement seems to conflict with what the industry is looking for. Why don't we want them to use transmission towers? Mr. Dolter responded that he is not opposed to them using transmission towers but they should be determined by the City. These sites were determined to minimize the clutter. If they want to locate on a high voltage tower, that is fine. But if they want to be on a building, they should meet your community standards. Ms. Modig asked if we take this on the special use permit track, � is there a way to minimize the amount of time to process the application and our need to make sure the impact is acceptable PLANNING CONIlKISSION MEETING OCTOBER 15, 1997 PAGE 34 Mr. Hickok stated the Agency Action Law requires us to react in a � timely basis. No, there is not a way to shorten the time to process the application. MOTION by Chairwoman Savage, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICg VOTE, ALL VOTING AY�, CHAIRP�RSON SAVAGB D$CLARED TH� MOTION CARRI�D AND THE PUBLIC HEARING CLOSED AT 11:55 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig to receive comments from Mr. David Voss as presented by Ms. Hagan. UPON A VOIC� VOT�, ALL VOTING AYE, CHAIRPERSON SAVAGE DSCLARSD TH� MOTION CARRI�D. Chairwoman Savage stated the comments have been useful and is in favor of recommending approval of the ordinance to amend the zoning ordinance and staff has done a great job. Ms. Modig concurs and likes the fact that the City is dealing with this in a proactive way. � MOTION by Mr. Kondrick motion to concur with staff on ZTA 97-03 the amended version of the Zoning Ordinance to allow wireless communication facilities as presented in the draft this evening dated October 15, 1997. Seconded by Mr. Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRP�RSON SAVAG� D�CLARED TH� MOTION CARRIED. Ms. Dacy stated the next hearing is scheduled for October 27, 1997 before the City Council. 7. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY �IEETING OF AUGUST 14. 1997 MOTION by Ms. Modig, seconded by Mr. Kuechle, to receive the minutes of the Appeals Commission meeting of August 14, 1997. 8. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF SEPTEMER 8. 1997. � MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the Parks & Recreation Commission meeting of September PI�AN�JING COI�KISSION ME$TING OCTOB$R 15. 1997 PAGE 35 �� 8, 1997. 9. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERGY CCIMMTGfiTC�N MFFTTNC; nF SFPTFMBER 16. 1997 Mr. Sielaff stated the minutes have not been approved by the Environmental Quality & Energy Commission and should not be received. 10. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF SEPTEMBER 24. 1997. TI by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes of the Appeals Commission meeting of September 24, 1997. • � � �• ,,1� MOTION by Mr. Kondrick, seconded by Mr. Oquist to adjourn the meeting. IIPON A VOICE VOTL, ALL VOTING AYE, CHAIRPERSON SAVAGE DlsCLARED ^ TH8 MOTION CARRIED �iND THE OCTOBisR 15, 1997, PLANNING CONIl�lISSION MELTING ADJOURNED AT 12:05 P.M. Respectfully submitted, ���.� K��-��� 1 �c� Debbie Kidder Secretary to the Planning Commission � S I G N— IN S H E E T r� PLANNING CoMMIBSIpN.MEETING, � Wednesday, October 15, 1997 � � � S I G N— IN S H E E T . , � PLANNING COMMISSION.MEETING, � Wednesday, October 15, 1997 � � � � � � CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioner, University Billiards, is proposing a 2,778 square foot expansion of its operation at 7178 University Avenue into an adjacent vacant space within the Rice Creek Business Center. The proposed expansion will allow the addition of up to 6 pool tables, a new dining area, an expansion of the pro shop, and bathrooms. The total dimensions of the addition are 11,370 square feet. SUMMARY OF ISSUES: Section 205.17.01.C.(4) of the City Code allows the issuance of a special use permit for a commercial recreation use within an industrial building. The petitioner attempted to expand to 13,792 square feet in 1993-94. The petitioner withdrew the request due to the Police Department's concems regarding the level of crime at the site. There was also inadequate parking available, one of the five conditions which must be met. Since 1994, the petitioner has worked with the Police Department to reduce the crime incidences. The request is also for less than in 1994. The request now meets the five conditions in Section 205.17.01.C.(4). The stipulations regarding management of the facility have been camed forward from previous approvals. I STAFF RECOMMENDATION TO THE APPEALS COMMISSION: The request meets the conditions established in Section 205.17.01.C.(4). Staff recommends that the Planning Commission recommend approval of special use permit request, SP #97-09, to expand the commercial recreation facility, with the following stipulations: 1. No juveniles shall be allowed in the University Billiards facility without thei� parents beyond the curFew time for their age group. 2 The petitioner shall provide adequate adult staff time at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3 The petitioner shall patrol the parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on the premises. 5. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking sho�tages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. Project Summary SP #97-09, University Billiards Page 2 ^ Petition For: Location of Property: PROJECT DETAILS A special use permit to allow the expansion of a commercial recreation facility in the M-1, Light Industrial district 7178 University Avenue Legal Description of Properly: Lots 4-6, Block 1, Paco Industrial Park Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Ped�strian Access: Engineering Issues: 4.1 acres; 178,558.38 square feet Flat Typical suburban; sod, trees, shrubs in landscape beds M-1, Light Industrial; Paco Industrial Park, 1979 Connected Commerce Circle East West University Avenue Bikeway None Comprehensive The Zoning and Comprehensive Plans are consistent in this Planning Issues: location. Public Hearing Comments: To be taken , ^ � r � i'1 �"� Project Summary SP #97-09, University Billiards Page 3 WEST: SOUTH: EAS : ADJACENT SITES: Zoning: M-1, Light Industrial Zoning: P, Public Zoning: M-2, Heavy Industrial Land Use: Multi-tenant industrial Land Use: Community Park Land Use: Industrial NORTH: Zoning: C-2, General Business Land Use: Health Club Site Planning Issues: REQUEST: The petitioner, University Billiards, is proposing a 2,778 square foot expansion of its operation at 7178 University Avenue into an adjacent vacant tenant space within the Rice Creek Business Center. The proposed expansion will allow the addition of up to 6 pool tables, a new dining area, an expansion of the pro shop, and bathrooms. The total dimensions of the addition are 11,370 square feet. SITE DESCRIPTION/HISTORY: Located on the parcel is a single story, masonry, multi-tenant building. The properly is zoned M-1, Light Industrial. There is additional industrial zoning to the east and west. Zoning to the north is C-2, General Business. Zoning to the south is P, Public facility. University Billiards is defined as a commercial recreation use and, therefore, is reuqired to obtain a special use permit in the M-1, Light Industrial district. In February 1988, the City issued the first special use permit to allow the establishment of University Billiards. At that time, the facility was 5,186 square feet. In July 1988, the City Council reviewed this special use permit for compliance with the original 11 stipulations. At that time, the City Council chose to remove four of the stipulations, including the limit on hours of operation. In 1989, the petitioner filed a second special use permit to allow a 3,400 square foot expansion into an adjacent tenant space, bringing the total floor area to 8,592 square feet. This request was approved with six stipulations. A 1993 request to expand the facility to 13,792 square feet was withdrawn due to police concems. ^ ANALYSIS: �_; , Project Summary SP #97-09, University Billiards Page 4 ,� Section 205.17.01.C.(4) allows the issuance of a special use permit for commercial recreation uses subject to the following conditions: 1. The parking supply shall be in compliance with the requirements of Section 205.17.05 of the City Code and be sufficient to support full occupancy of the building. 2. Only wall-mounted signs subject to the limitations of Section 214 of the City Code shall be permitted. 3. The proposed use shall only be permitted when it can be demonstrated that the operation will not generate levels of traffic which reduce the existing level of service as defined by the Institute of Traffic Engineers on streets at intersections. 4. The proposed use in the opinion of the City Council would be compatible with the area in which it is proposed to be located. 5. The building owner and/or agent shall be responsible for informing any prospective tenant that the property is zoned for industrial use. In addition, the section allows the maximum gross floor area for both tenant size and � percent of total building to be considered on an individual tenant-specific basis. The petitioner has previously demonstrated that items 2, 3, and 5 can be met by the use. The City Council's granting of the previous requests has demonstrated that the City Council agrees that the use is compatible with the area it is located. In previous requests, the parking requirements were of most concem regarding the expansion. Adequate parking is again a concern for the present request since a large tenant has vacated the building since the 1994 request. The proposed expansion will increase the area occupied by University Billiards to 11,370 square feet or 19% of the building. They will require 63 spaces after the expansion. Based on the tenant usage supplied by United Properties, 110 spaces are currently required by all tenants within the building. A total of 120 spaces would be used if the request is approved. The spaces are dedicated for the carpet design tenant customer parking prior to 8:00 p.m. at night. One hundred and sixty-three (163) parking spaces are provided on-site. There is 11,000 square feet available of vacant, leaseable space. If staff uses the speculative parking ratio of one space per 500 square feet, 22 spaces would be required for the remaining vacant space. There are, however, 33 parking spaces available, providing the owner more leasing flexibility than in the 1994 request. If the request is approved, � the owner should acknowledge the possible leasing limitations due to lack of parking A �� Project Summary SP #97-09, University Billiards � Page 5 parking agreement currently exists which permits Bally's Swim & Fitness patrons to use the northem parking stalls of the Rice Creek Business Center during off-peak hours which increases the parking demand at the center. POLICE DEPARTMENT CONCERNS: In 1994, the Police Department expressed strong concerris with the proposed expansion. Their concems included the number of crimes occumng at the site, the amount of juveniles present after curfew hours, and the presence of drugs and alcohol in the parking lot. Since 1994, the management of University Billiards has worked with the Police Department to eliminate these concems. The Police Department has submitted a memo indicating that they have no concems with this request. The current hours of operation are from 11:00 a.m. to 6:00 a.m., Sunday through Saturday, or, in some instances, a 8:00 a.m. closing time typically occurs on Fridays and Saturdays. Staff suggests that the stipulations from past requests regarding management be retained for this request. ^ STAFF RECOMMENDATION TO THE PLANNING COMMISSION: The request meets the conditions established in Section 205.17.01.C.(4). Staff recommends that the Planning Commission recommend approval of special use permit request, SP #97-09, to expand the commercial recreation facility, with the following stipulations: 1. No juveniles shall be allowed in the University Billiards facility without their parents after 9:30 p.m. 2. The petitioner shall provide adequate adult staff at all times with at least finro adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3. The petitioner shall patrol the parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on the premises. 5. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City �` Council. ai;,`":�, :aa /�j�:�\\ .w������ � '��_�� , � :��. , ,, '� .�� ,c�; ,-�J Fridley Police Department Memorandum To: Michelie McPherson From: Dave Sallman `� � Date: October 22, 1997 Re: University Billiards In response to your request for information ori University Billiazds, the police department does not object to the proposed expansion. I have reviewed the reported crime in the azea. immediately surrounding University Billiards and there does not appear to be any trend that would indicate a problem at that location. In 1997 there ha.ve been a total of 39 police ca.11s for service to the location with most being in the service category as opposed to crime. There has been one incident which resulted in four persons being assaulted which is not unusual for this type of establishment. The police officers ha.ve inforrned me that management has been fairly cooperative in dealing with issues such as curfew, juvenile drinking, etc. In summary the management of the University Billiards appears to have responded well to the concerns which were raised in the past concerning the conduct on and around the premises. We have no concem over their expansion at this time. Let me know if you have further questions regarding this issue. � � �� ,� � � i � �n�t� � i n i _..;; �=. ': � HE V 7ii A4� PE3 7 : _ �: ►• �-�• • • ���: Q i�-i ' Q'1B �11�j/ �TS 0 �2 -�w r-�,, u►� � � - c,�,e� nn�iqa urns � R a- Nbb�e Han,e Parks s pw - � u�c o�,c � s� - M� � r��,�arr+ood o �2 -�� 0 G� - l.nd Busness nd Q G2 - C�erer'al B�ainess I� G3 - C�neral Shoppin9 � �GRt-Ger�eralOfflce �. �., -��� 0 NFZ - �N �r�dt� � nn.3 - o�,woor ir�e �y i�,a. � aR - Ra�7roads 0 P - P�i'ic Faalif�s p wn� 0 RIGHT-0FWAY � � � � � �p i � � H SP 97-09, University Billiards A requ�st by Greg Asproth, o�nmer, to add an additional 2800 square feet to the ewsting billiard spaoe. � ;--__ I , E---- � i ` 73 AVE NE , _� .'� ;i vc � i � _ � 9 g f � ' � ' 7�� '-? . _-� �'.:._. � � �!� � � � ���l�{li!L���,:�� � �`.._...�. g `2 � 71 A�E 1� ,� ,- i4rena N A vas�s� comp78d ard dra�, fr«„ offiaal reoords besea Ort 01C$1�'108 ND. 70 �1d Z�0(1�1� P�f�MB a� �rn�s �w�, � «a�- Pnoes ado��ed ad e�feetiv�e as of ?!1 I'97. �- The Qty af Fridey F�as taken euery elfort to Hae tne mo�c u�ate �r�«rr�«, ava�� Th@ data p� here iS subject fio d'tanc,� The Qly of Fri�ey rn�lt not be respau�ble for �r�foregeen errors or usage al this doarr��. I1 • ;; ., �� - s gen ,i• ,r �. � _ — - m � � ^ I � ��I � � �.�!R�►-- -� Z _ �S'-� ' � �. � � � � � A OT � •� . � N I �4 • � N m� � . a . , � �� �, � � � � - I� ; q � • 2711� - S d9D 4t' W � u �� �� ' . . �+ :� —� �w � �I '. � r � �� � 'A , � i N `' � � . �' > � :� �' . . � �� l . �, L � ' � �- � �� I �� ,� � � I_� � . � T , � �. . a �+ P ` . T u I 1 ta , ' al \\ '0. i ' _ '_L \ ` "' • I 1 I \ 1, � 1 ' �°+� ' � v� �� 9 �� � * '�-• ■ �� I 14l.l7_- S EBD �l' 1Y L � , � � �/II . � ! �� � ,f r/,Y� '� + - � � �/%� � g ���-1 � te�-a► . � _ ��/ h �� � v� . _ � � ��� � _ � 1 � r � �$_ C . . � � �'� � • �i�N/ilAh1ANLE� � � � � � �� � . i f � ��-a � � • :� : : �� �'- _-� � � � � �� ► i� . . � �r � ► � e� � o : : � �,� � � � �:: ;. -�— , �� i - � i � � � � �� �: - �oi i � � �T . � _� � �: . �a . I� I� I� `'a � � � r � >; I A � • -�� �� � . q - � r-� � :"�Id '� d i . I� I°-. � / � —F-a—I I� . � S7 v � . A i� �17E� 0� COI�P Y T ;�� '` �.�i°"Pi �! I� I � � � m . --I� I.— �.o .._.._. a..�.. _.._ .� �� a L li�i � �RAINAGE � 71U1Y EASEMENT• � C3 . 1 I I TI , � � �. � � � .t � Q i� f� .�. i � .� _ � � I . _ „ ��c �s o �� ���� � o �..� ,� ��.� � �� � � N !i � a $��"° o Z e3 � � C. �% m � 4 �y �� N 2 � � N �� � � ' 1 ��� � �.,�� �,i� NanDO WY�f I �M •.V EDN^ �� ~ Z �SR�� . p I M "zm�� � '�a� �mnZ� ���� 0 C �� O 0 �� ° ��� a O O M v \\\ y00� 'ai �m C o -o q i C N�� b � � �� Y N � � Z � ��m ww/7�htarrh � m � � � .O O � _ C a� � � � c m W � � '�t tl O O V �'O V =vl O � � � i� �� . � • Tw ' O �� ; N � z /�� Z �� �x W � N � n n SP #97-09 University Billiards, Inc. University Billiards Greg Asproth 7178 University Avenue NE Fridley, MN 55432 FCA Ltd. or Current Resident 7200 University Avenue NE Fridley, MN 55432 Donald K. Smith or Current Resident 250 Commerce Circle NE Fridley, MN 55432 Mailing List United Properties/Fridley Business Center Partnership 3500 West 80�' Street Minneapolis, MN 55431 Larsen-Doran Partnership or Current Resident 7201 University Avenue NE Fridley, MN 55432 Donald/Nancy Dibos or Current Resident 230 Commerce Circle NE Fridley, MN 55432 Mailed: 10/17/97 A & L Management or Current Resident 7260 University Avenue NE Fridley, MN 55432 Fridley Business Plaza or Current Resident 7151 Commerce Circle NE Fridley, MN 55432 MN Commercial Railway. John Gohman 14047 Petronella Drive, #201 Libertyville, IL 60048 � � Trustee Group Realty Trustee Group Rea�ty Partners Steiner Development or Current Resident 3610 South Highway 101 or Current Resident 251-271 Commerce Circle South Wayzata, MN 55391 7151 Commerce Circle NE Fridley, MN 55432 Fridley, MN 55432 � Steiner Development Soo Lind Tri-State Land Steiner Development 3610 South Highway 101 John Nail Fred Richter Wayzata, MN 55391 105 South 5th Street, #1380 7280 Commerce Circle East Minneapolis, MN 55440 Fridley, MN 55432 � crnr oF FRio��r � 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612j 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessory � Others PROPERTY INFORMATI N: - site pla requ' ed for submittal, see attached Address: � r� � � Property Identification Number. .� Legal Description: Lot Block Tract/Addition _ Current Zoning: � Square footage/acreage: Reason for Special Use: _ �xn�,�; ,�q (�a� vr'Pv� �►�� n o_ Have ou operated a business in a city which required business license? Yes � No If Yes, whi ,city? �i � � If Yes, what type of business? � �� Was that license ever denied or revoked? Yes No � � � FEE OWNER INFORMATION (as it appears on the property title) NCo�nEac� ur�i�s rs: Fe owners m t sign this form rior t processin � l� � n��s/�� ADDRESS: , S T DAYTIME PHONE: S��p -- g?3� SIGNATURE/DATE: ����� � � PETITIONER INFORMATiON I NAME: rV Y ' � � 1 I �t s . � . �ti, - � ADDRESS: h � V ' DAYTIME PHONE: S7 �—),� q_ SIGNATURE/DATE:%:L_.,� tc� �-�, Section of City Code: FEES Fee: $100.00 Residential Second Accessory $400.00 %� Others Application Number: 4'j-09 Receipt #: �_ Received By: Scheduled Planning Commission Date: Scheduled City Council Date: '' ? �Z �� � f=,�� 5� J��� 10 Day Application Complete Notification� Date: 60 Day Date: iir T-L�:'_1'�+'? r 1�� �� LF�N��MaRk: FARTh�ER� e�r�r o� F,�oi�r � s�s1 ui�ri��s�nr;qv�uE �R141�Y� l�N �,� (S12) 57i-34$p Ct3AR]SilU�tlTY ��tp1'iI��NT �i�P'ARiMEN� SP��1AL USE p�R�fT AP�'Ll�AT(�N �t�a; � �esidentia� Second Acces�ory ,�, p�� � A N: - site plan requ fvr se�mittai, see aittachec# Address: � �.'s` . �; Property Identificaiior� N�ber � �eg�l Desctiption: t�ot ^� 81ock TraWAddition Current Zoning: �.� � ----•• -. ., SGuare foo�agelacreage. Reason for Speci�l Use: �Yr.,,, „ + �,., „ , . , . �_ Have ov qperated a business in � city which requir� business iic�r�se? Yes � No ' !f Yes, wh" d? � tf Yes, what type ot b,,�ine�s fi �}� Was tlza# �icense ever denied or revc�iced? Yes � No ���� �E� pWivE�' i�F�f�q,� {ss it a ears �� g--r��� pp ar� the �xaperty title) NAME: y� [)n�.������ mc�st s'�nn ihis,�orm�rior tQ Rrocessin�) � . � NAME: � Y � . ADDRESS: y� DAYF'IME P'Mt�N�: �5 � �, �■o s'•�"'�7'r vA�Fi� .�,�+, � ,,,,..� , e , 1 �/1 �., �t .t� SIGNATURE/i?AiE: � ' Sactian of City Ca�fe: - - -T.� �".".'.�.�,'�..`"'�.,"".",�~~,�,.�..- '�EE� F�e: $700.U0 �, Residerrtial Sec�r�d accesso ApPt�c.�tion �itar►lber. �-� a�+� #. �Y $400.pp � pthers Scheduied Ptannittg CQmrnissiort bate: """ R��ved By� ��� ��ut�d G+tY Cour�cii Oate; 1Q i3ay ppP��caticn Camplete Na�ificatioa 4$te: 80 Day Dafc; F' . G��� � ; -., ��s/��� �� � CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION .� TO: Ali property owners/residents within 350 feet of property generally located at 7178 University Avenue N.E. CASE NUMBER: Special Use Permit, SP #97-09 APPLICANT: Greg Asproth of University Billiards, Inc. PURPOSE: To allow the expansion of a commercial recreation facility in an industrially-zoned district. LOCATION OF 7178 University Avenue N.E. PROPERTYAND Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the LEGAL North 35 feet of said Lot 4. DESCR►PTION: DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, November 5,1997 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 HEARIIVG: 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 or Michele McPherson, Planning Assistant, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 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 572-3500 no later than October 29, 1997. ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson, Planning Assistant at 572-3593. Publish: October 23, 1997 !� � October 30, 1997 .. CITY OF FRIDLEY PLANNING COMMI38ION MEETING, JANIIARY 12, 1994 � --------------..________--------______.._______..__ ----- CALL TO ORDER: Vice-Chairperson Kondrick called the January 1, 1994, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Kondrick, De Saba, Diane Savage, Brad Sielaff, oy Oquist Members Absent: Dave Newman�Connie Modig Others Present: Barbara acy, Community Development Director Miche McPherson, Planning Assistant Dav Sallman, Director of Public Safety G g Asproth, University Billiards y Wilson, University Billiards � Sarah Gardner, 3300 Edinborough Way, Edina Julie Brunner, 7235 East River Road n / ^ by Mr.eOquist, seconded by Ms. Savage, to approve the � � 22, 1993, Planning Commission minutes as written. iYPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. (Tabled) CONSIDERATION OF A SPECIAL USE PERMIT SP #93-17 BY UNIVERSITY AVENUE BILLIARDS INC. Per Section 205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. MOTION by Mr. Oquist, seconded by Ms. Savage, to remove SP #93-17 from the table and to continue the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� VICE-C$AIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. McPherson stated the Planning Commission reviewed this special use permit request at the December 22, 1993, meeting. The petitioner is proposing to add an approximately 6,000 square foot expansion onto the existing University Billiards space located at 7178 University Avenue N.E., which will bring the total square footage of the commercial recreation use to 13,792 square feet. The addition would allow the petitioner to add 16 pool tables, five � , ^ PLANNING COMMI33ION MEETING JANUARY 12 1994 PAGE 2 �"� arcade games, two dart games, an expansion to the existing kitchen, and the addition of a pro shop. Ms. McPherson stated that at the December 22, 1993, meeting, staff recommended that the Planning Commission recommend denial of this request due to the lack of adequate parking provided on the site. Ms. McPherson stated that at the request of the petitioner and the building owner, staff has re-evaluated the parking requirements. The original number of spaces was calculated based on 10 foot wide stalls which is the size required in commercial districts. However, an ordinance change in the last three years permits nine foot stalls on properties which are zoned industrial. In recalculating the number of spaces using nine foot stalls, there are.179 spaces available on site which are more than adequate to handle both the proposed expansion by University Billiards and the reoccupancy of the last remaining 6,000 square feet of leasable space. However, because of the winter conditions and the amount of snow, staff was unable to verify if the parking lot is currently striped at nine feet. Ms. McPherson stated staff has added stipulation number 8 which states: "As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. �'1 Ms. McPherson stated staff is still recoatmending the seven stipulations as presented at the December 22 meeting. The stipulations are as follows: 1. The hours of operation shall be limited from 8:00 a.m. to 1:00 a.m. 2. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. 3. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 4. The petitioners shall patrol parking lot and manage its misuse. 5. No alcoholic beverages shall be served or allowed on the premises. � 6. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior ,.-� to the approval of the special use permit by the City Council. � PLANNING COMMISSION MEETING JANIIARy 12 1994 PAGE 3 7. The special use permit shall be reviewed by the City � Council one year from the date of approval or sooner if the City determines there is a management problem which requires further restrictions or removal. 8. As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. Ms. McPherson stated that at the December 22 meeting, the Commission spent a lot of time discussing the testimony provided by the Police Department. Public Safety Director Dave Sallman is at the mee�ing to restate the department's concerns regarding this request and to answer any questions the Commission may have. Director Sallman stated he would. like to state the Police Department's position on this special use permit request. When a situation affects the public safety and crime prevention of the City, they feel obligated to state that opinion. In this particular case, the strip mall in which University Billiards is located, along with U.S. Swim & Fitness, had twice as many crimes committed over the past year than the strip mall at East Moore Lake Commons. Director Sallman stated they selected East Moore Lake Commons because it is the closest in the City with a health club to make � a comparison. When they met with the owners of University Billiards, the Police Department offered to use any strip mall they wished the Police Department�to use for crime comparisons. Director Sallman stated they are not saying that the owners of University Billiards run a bad business or do not do a good job. Calling the police on some of these issues shows that the owners have shown some responsibility to deal with the issues that occur within their building. The point he is trying to make is that other businesses do not have to do that. The Police Department has received complaints from other business owners saying that the Police Department is not doing its job because of the damages that occur to vehicles parked outside their businesses in this strip mall. Director Sallman stated the question could be asked: Should University Billiards be held responsible for the conduct of what occurs around them? That is a decision the Commission will have to make. In the Police Department's opinion, if it was not for University Billiards being at that location and being opan almost 24 hours per day, this would not be an issue. Director Sallman stated that regarding juveniles, there is a requirement that juveniles be off the street at 9:30 p.m. The owners of University Billiards allow juveniles of a certain age to stay until 10:00 p.m, and another age to stay until 12:00 p.m. ^ �_ � pLANNING COMMIS3ION MEETING JANIIARY 12 1994 PAGE 4 Director Sallman stated that even though the business does not have a liquor license and drinking is not allowed, it might as well have a liquor license because there is drinking in the parking lots. The only alcohol offenses that the Police Department can enforce on private property are DUI's or under age drinking. Director Sallman stated that even if all juveniles (under age 18) are asked to leave University Billiards by midnight, there are a number of juveniles, aged 18-21, who 'have still been drinking. That is not the concern of the owners, but it is against the law. Ms. Savage stated that stipulation #1 states that the hours of operation would be limited from 8:00 a.m. to 1:00 a.m., and stipulation #2 states that no juveniles shall be allowed in University Billiards without their parents after 9:30 p.m. Did Director Sallman believe these two stipulations would help? Director Sallman stated that if the Commission recommends approval of this special use permit, the Police Department would like those restrictions added. Juveniles are responsible for some of the problems going on at this location. Mr. Sielaff asked when is the most frequent calls for service. � Director Sallman stated about 39% of the calls for service occur after 1:00 a.m. A lot of people do not know.when the actual crime is committed and report the crimes when they are discovered. The calls for service include lockouts, medicals, etc. Mr. Oquist stated that at the last Planning Commission meeting, there was also some discussion about U.S. Swim & Fitness being open 24 hours a day. It wasn't clear to him whether some of the crime issues were related to the billiards business or to the health club. Director Sallman stated it is the Police Department's opinion that the crime is rel.ated to the billiards business. As stated earlier, 39 0 of the calls for service to the billiards operation occur after 1:00 a.m. In comparison, 15% of the calls for service to the health club occur after 1:00 a.m. The health club is not a comparable business, and there is a much smaller number of people at the health club between 1:00 - 8:00 a.m. Mr. Saba asked if a police officer ever goes into University Billiards. Director Sallman stated police officers do walk through University Billiards as time permits. Mr. Kondrick stated that at the last Planning Commission meeting, �'°� the Commission members had brought up the fact that more lighting might be a deterrent to crime in the parking lot. Did Director Sallman think that more lighting would be a deterrent and would prevent some of the crime that is happening to adjacent businesses? PLANNIN(3 COMMISSION MEETING JANIIARY 12 1994 PAGE 5 Director Sallman stated it is reasonable to assume that more lighting would cut down some of the crime activity. Mr. Kondrick asked if the Police Department believed it is important for University Billiards to close at 1:00 a.m. Director Sallman stated that the bars must close at 1:00 a.m. He does not see much difference between a bar and University Billiards, with the exception that minors can be at University Billiards because they do not have a liquor license. The City has control over establishments with liquor licenses when there are reports of underage drinking, etc., and they do not have that control with University Billiards. That is the Police Department's reason for the 1:00 a.m. closing time. He believed a lot of University Billiards' business after 1:00 a.m. is post bar rush. Mr. Greg Asproth, co-owner of Univ.ersity Billiards, stated there are a lot of things that Director Sallman said that he does not agree with, and there are some things that he does agree with. He did agree that if their business was not there, there would be less cr.ime in this area. Making them look like theg have all underage drinkers and things going on almost on a regular condoned basis is very far from the truth. He stated they fight tooth and nail to run the cleanest establishment they can. It is nearly impossible for the owners of this kind of business to control everything that goes on in the parking lot. Over the last two year period, they have had over 300,000 customers. The percentage of crime compared to those 300,000 people is relatively low. Mr. Asproth stated that he and his partner, Ty Wilson, do not like to see juveniles drinking. They patrol the parking lot regularly, and all employees are instructed to ask juveniles to leave immediately if they are drinking, or they call the Police Department which they have been encouraged to do. If they are limited to the 1:00 a.m. closing time, it won't stop the teenage drinking. The teenagers will just go somewhere else to drink. It will just change the crime rates to other places and maybe these other places will not do as good a job as they do to control the problems. Mr. Asproth stated that when University Billiards expanded their business before, they did have stipulations which they followed. They have made a point to watch the parking lot tighter and tighter, because they agree that is where the biggest problem is. Mr. Asproth stated their business is a good, healthy business. A lot of the 150,000 customers per year are from Fridley. There are people who work nights who come in and play, and those people would not be able to play if the City puts on these limitations. ,� � ,� Mr. As roth stated the � � P parking lot is full every night. They don t _ feel they can handle very many more cars than what they already have, but they need more room in the building for more tables. � pLANNING COMMIS3ION MEETING JANIIARY 12 1994 PAGE 6 � Their goal with the expansion is to better serve the customers they have now. They have a waiting list almost any night of the week. Customers wait 2-3 hours to get a table. If they are required to close at 1:00 a.m., many of their customers would not be able to play and their competing businesses would thrive. Right now, University Billiards is the biggest and the best at what they do. Ms. Savage stated she could not recommend approval of the special use permit if the petitioners are not in agreement with the stipulations recommended by staff. Mr. Asproth stated they want to follow every law and rule to make their business successful, but they cannot afford to expand if they are required to abide by some of these stipulations. Every other billiard room in the Twin Cities area is open at a minimum until 4:00 a.m.; the maximum is all night. There are 8-10 billiard rooms in the Twin Cities area. Mr. Saba asked if the petitioners have done any studies about added security. Mr. Asproth stated they have the option to put in more lighting. They could also do more security, especially on weekends. He called their leasing company about getting estimates on lighting. The leasing company wanted to know how many lights and how many � candle watts per light. He stated it is difficult to know what they want and what the City would require. However, they would be happy to add more lighting. Mr. Saba asked if the petitioners allow drinking in the parking lot. Mr. Asproth stated they do not tolerate any drinking. When they see someone drinking, that person is kicked out permanently. They have a long list of people who have been asked not to come back. Mr. Kondrick stated he believed that lighting is part of the answer to the crime problem at this location. They have to either find some way to prevent so many police calls to this location, or they are going to have to enforce a closing of 1:00 a.m. Mr. Asproth stated that if the City wants to stop all crime, then all the bars should be closed and no liquor licenses issued. He stated that it sounds like the Police Department is coming to their place very night, but that is not the case. There are a lot of combined offenses by certain people. They cannot deny that there is crime out there, but they cannot control it all. They just do the best they can to control it. The majority of the people they attract are good people and are going to suffer because of the few bad people who make the business look bad. He would invite every Commission member to visit their business. � . PLANNING COMMISSION MEETYNG JANIIARY 12 1994 PAGE 7 �""� Mr. Oquist asked if Director Sallman had talked to any of the people from other communities that have billiard rooms about whether they are experiencing problems. Director Sallman stated that they have checked with the�City of Elk River. Because the City of Elk River was also experiencing crime problems, it restricted the hours to 1:00 a.m. Coon Rapids Billiards is having more problems inside than Fridley has and would like to do something about it. Director Sallman stated he believed it is true that University Billiards is the best run billiard room in the Twin Cities. The owners are honest and sincere in saying that they do as good a job as they are capable of doing. The Police Department's concern is based on past history. The problems are still there; and if there is an expansion, the Police Department sees an expansion of the problems that are already there. Mr. Asproth is right about the fact that the Police Department is not there every night. Ms. Savage asked Mr. Asproth�s position on stipulation #2 stating that no juveniles shall be allowed in University Billiards without their parents after 9:30 p.m. Mr. Asproth stated it is a hard issue. They have a lot of 17 year- olds who come in with their girlfriends after a football game. With this restriction, they would have to sit at the door and � monitor and tell these teenagers they cannot come in anymore. It is an issue they can deal with, but by not allowing them in, it is sending these teenagers to another billiard room that is not run as well as theirs is. They follow the curfew law which is no loitering or loafing any time after 9:30 p.m., and they are even stricter than the City's curfew law. They card and do not allow minors, 17 years old and younger, into the establishment after midnight. At 10:0o p.m., they ask all minors, 16 years old and younger, to leave. Mr. Ty Wilson, co-owner of University Billiards, stated when they researched the business before opening, they decided that the nicer and classier place they had, the less chance they would have of attracting the undesirable people. They spared no expense in making their place nice and first class. With the expansion, besides putting in a restaurant and pro shop, they also plan to spend a considerable amount on maintenance, new carpeting, etc. This will make the place even nicer and less comfortable for the undesirable people than when they first opened. Mr. Wilson stated that as far as the parking lot issue, he believed a vast majority of the problems stem from thefts in their parking lot, and most of these thefts occur after 1:00 a.m. But, after 1:00 a.m., there are not many cars in public parking lots, other than University Billiards, restaurants, etc. He believed if they � light up the parking lot more, it would vastly help the problem. C � � �^� pLANNING COMMI3SION MEETING JANUARY 12 1994 PAGE 8 Mr. Wilson stated a majority of their business is before 1:00 a.m. than after 1:00 a.m. However, if people are going to leave their houses at 10:00 p.m. to play pool and they know there is a waiting list of at least an hour, with a closing time of 1:00 a.m., they will go somewhere else that has a later closing time. People who come later anticipate playing until 2:00-3:00 a.m. Closing at 1:00 a.m. would Yiurt their business tremendously. Mr. Wilson stated they are very opposed to alcohol drinking. They have common sense rules that must be followed. Most people do obey the rules, and they make examples of the people who do not obey the rules. Some very good customers have been kicked out forever. This sends the message that certain things will not be tolerated. Mr. Wilson stated he understands the City's problem about crime. They run the most successful billiard room in the state. One of the reasons it is so successful is because he and Mr. Asproth are there every night to see what is going on and ta enforce the rules. Their goal was to open up the nicest, non-alcoholic, billiard room in the whole State of Minnesata. They are successful becausa their place is a safe, clean, fun place to play pool. To put these stipulations on them would put a stranglehold on their business. Mr. Kondrick asked when University Billia�ds closes. Mr. Wilson stated they have no restrictive hours now. They generally stay open until 5:00 a.m. on weekdays and 7:00 a.m. on weekends. Mr. Sielaff referred to stipulation #7 which states: "The special use permit shall be reviewed by the City Council one year from the date of approval or sooner if the City determines there is a management problem which requires further restrictions or removal." He asked the petitioners if they could live up to that stipulation. Mr. Asproth stated he believed they can. They would not agree to that stipulation if they did not feel confident that they could abide by it. Mr. Saba stated that at the last Planning Commission meeting, the petitioners mentioned the possibility of a video camera aimed at the parking lot. Is this a possibility for added security? Mr. Wilson stated th�y have discussed the possibility of a video camera, not only for the parking lot, but also inside the building itself. Mr. Oquist asked if there is any possible compromise on the closing time. Mr. Wilson stated that is difficult. The customers who come in at 12:00 or 1:00 a.m. want the option to play until 4:00 - 6:00 a.m. e PLANNING COMMI83ION MEETING JANIIARy 12 1994 PAGE 9 Mr. Asproth stated the majority of the crime-related activities appear to be happening during University Billiards� busiest hours which are 10:00 - 2:00 a.m. So, a closing time of 1:00 a.m. is not going to solve those problems. Director Sallman stated that it is probably true that most of the problems are going to occur during the time when University Billiards is its busiest. The Police Department's issue is not what goes on inside the business; the owners do a fine job of running the business. The problem is it is a place to hang out. He stated he believed the Police Department has been kind by limiting the scope of its study te the mall rather than expanding it to the whole grid area and comparing it to another industriaZ grid. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to close the public hearing. OPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE pIIBLIC HEARING CLOSED AT 8:5A P.M. Mr. Kondrick stated that at the last Planning Commission meeting, the Commission members had discussed the issue of more lighting, and he wished the petitioners had done more to show that lighting ,-1 might be part of the answer to these problems. Mr. Oquist stated they could add more lighting as a stipulation. He sees the hours as the real issue. A fair amount of the business seems to be after 1:00 a.m. It sounds like the owners try to run a good business. Mr. Saba stated the owners do run a good business. The problem is that the business is drawing the wrong element, and limiting the hours might not be the answer to this type of situation. The element is going to be there any time between 10:00 p.m, and 1:00 a.m. and after. Ms. Savage stated she only sees more problems if the business is allowed to expand. More lighting might help, but people still commit crimes when lights are on. She did not believe the petitioners would agree to any compromise regarding the hours. No one is saying that the owners are not doing a good job, but that is irrelevant. When you have a place that stays open almost all night where a lot of people can congregate, that is a built-in situation for problems. Mr. Sielaff stated he sees stipulation #7 regarding the review of the special use permit as the key. The owners have said they are willing to assume the risk of that stipulation. The owners have a lot to lose if things do not improve. It certainly gives the � owners an incentive to do whatever they can to help eliminate the crime that is happening now. PLANNING COMMI33ION MEETING, JANUARY 12� 1994 PAGE 10 /'�� Ms. Savage stated she does not see anything special about this business that it should be allowed to stay open later than 1:00 a.m. Mr. Saba stated that he agreed with Mr. Sielaff, but Director Sallman's concern is that this type of business draws a bad element. At the last Commission meeting, the Commission asked for a study to be done on security and lighting. He stated he was disappointed that the petitioners had not done any kind of study for the staff and Commissioners to review. He had hoped the Commission would have some data on security measures that can be taken to reduce crime. He would had a difficult time recommending approval of this special use permit request without enforcing some restriction on the hours, even though he is not convinced that is going to solve the problem. Ms. Savage stated it is not necessarily a"criminal element" that is.committing these crimes. There are kids who are o.k. kids most of the time, but they are going through a period in their lives and when they get tagether late at night, they can cause problems. Mr. Oquist stated this is a place for people to hang out. He agreed with Ms. Savage that they are not necessarily talking about a criminal element. Limiting the hours (stipulation #1) will � negatively affect the business and will stop the expansion, but it will not�solve the problems that are happening now. He would like to see the Commission delete stipulation #1, add a stipulation regarding security, and strengthen stipulation #7 regarding the� review of the special use permit. Mr. Saba stated he would also like a stipulation added about security and lighting and to strengthen stipulation #7 as much as possible, possibly with a review after six months, after one year, and annually after that. Ms. Savage stated that sounds like they are pinning their hopes on security and lighting. She believed that with the expansion and the same hours of operation, there would just be more problems. She believed there should still be some limitation on the hours. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve special use permit, SP 93-17, by University Billiards, Inc., per Section 205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use on Lots 4, 5, and 6, Block l, Paco Industrial Park, except the North 35 feet of said Lot�4, generally located at 7178 University Avenue N.E., with the following stipulations: 1. No juveniles shall be allowed in the U.niversity Billiards without their parents after 9:30 p.m. �"� � 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. PLANNING COMMIg3ION MEETING JANUARY 12 1994 PAGE 11 � 3. The petitioners shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on the premises. 5. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occu�ancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the speeial use permit by the City Council. � 6. The special use permit shall be reviewed by the City Council every six months for the first two years and annually thereafter. 7. As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary: � . 8. A security, lighting, and surveillance, plan• shall be � submitted prior to consideration by City Council. . � IIPON A VOICE VOTE, SAVAGE VOTING. NAY, VICE-CHAIRPERSON 3tONDRICR DECI;ARED THE MOTION CARRI�ED. � ' ' � - Ms�. Savage stated she would like more information from�the Police Department on the types of calls and types of crime tv be submitted� � to the Council. This might be useful iriformation for the Council. to see if there is an increase in calls during the later hours. Ms. McPherson stated this item will go to City Council on February 7, 1994. . MOTION by Mr. Saba, seconded by Ms. Savage, to move.item #3 to the second item on the agenda. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOII/yc"LY. 2. PUBLIC HEARING: CnN�TnFUAmrnikT (1F � CDTi'('T�T. TTCT.' DT�'DMTT CD �93-18, BY JULIE BRUNNER' Per Section 205.07.01.C.(1) o the Fridley City Code, to allow accessory buildings other an the first accessory building over 240 square feet on the/ south half of Lot 5 and all of Lot 6, Block l, Hillcrest, g��ierally located at 7235 East River Road N.E. MOTION by Mr. Saba, seconde� by Mr. Sielaff, to open the public � hearing. / r""� � r�\�� CITY OF FRIDLEY pLANNING COMMISSION MEETING� DECEMBER 22� 1993 CALL TO ORDER: Chairperson Newnnan call�d the December ��� ,_ � 1�993, Plannirig Commission meeting to order at 7:30 p.m. ROLL CALL: Memb.ers Present: Members Absent: Others Present: Dave� Newman, Dean •Saba, Dave �Rondrick, LeRoy Oquis , Connie Modig � Diane S age, Brad Sielaff a .�_ Mic le McPherson, Planning Assistant S ah Gardner, 3300 Edinborough Way, Edina, NIId y Wilson, University Billiards, Inc. Greg Asproth, University Billiards, Inc. MOTION b Mr. Oquist, seconded by Ms. Modig, to approve the Decembe 8, 1993, Planning Commission minutes as written. AiA VOICE VOTE� ALL VOTIN(3 AYE� CHAIRPERSON NEWiKAN DECLARED THE ION CARRIED IINANIMOII3LY. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP #93-17, BY UNIVERSITY BILLIARDS, INC.: Per Section 205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use, on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally locat�d at 7178 University Avenue N.E. MOTION by Mr. Saba, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE DOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:35 P.M. Ms. McPherson stated the subject parcel is located in the Rice Creek Business Center which is located at the intersection of Commerce Circle South and Commerce Circle East. University Avenue runs north and south along the easterly edge of the subject parcel. The property is zoned M-1, Light Industrial. There is C-2, General Business District, zoning to the north. Directly to the north of the subject parcel is U.S. Swim & Fitness. To the east is M-2, Heavy Industrial, and additional M-1, Light Industrial, zoning to the west. � �PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 2 �"1 Ms. McPherson stated the petitioner received a special use permit in 1988 which established the business. Eleven stipulations were issued under the first special use permit in February, 1988. At that•time, the facility was 5,186 sq. ft.� In July, 1988, the City Council reviewed the special' use. permit. ��or �ompliance with •the stipulations and chose to remove �•of�the stipulations includin� the one regarding hours of operation. In 1989, a second special use permit was issued to expand the facility to it�s current 7,792 sq. ft. There were 6.. stipulations as �conditi,on of approval for that expansion. The petitioner has complied with all of those stipulations. � � Ms. McPherson stated.the petitioner is requesting to expand into two vacant tenant spaGes--one to the west and one to tYie south of the existing space. This expansion space will allow the addition of 16 pool tables, five arcade games, two dart games, an e�ansion to the kitchen facility, and the addition of a pro shop. The total square footage for this tenant would then total 13,792 sq. ft. Ms. McPherson stated that under Section 205.17.O1.C.(4) of the zoning cod�, a special us� permit may be issued for commercial recreation use complying with 5 standards: 1. The parking supply is to be in compliance with the � requirements of the City code and be sufficient to support full occupancy of the building. 2. Only wall mounted signs are permitted. 3. The use is to demonstrate that it will not generate levels of traffic which reduces the existing level of service on adjacent streets. 4: The City Council needs to be of the opinion that the proposed use if compatible in the area it is located. 5. The building owner/agent shall be responsible for information any prospective tenant of the property's actually zoned for industrial, and not commercial, use. Ms. McPherson stated the Code section also allows for some flexibility in the maximum gross floor area for both tenant size and percentage of total building to be considered on an individual tenant specific basis. Ms. McPherson stated the petitioner has previously demonstrated that the items 2, 3, and 5 can be met by the use . By granting previous special use permits, the City Council has demonstrated that they agree that the use is compatible in this area. � � � pLANNING COMMI33ION MEETING DECEMBER 22 1993 PAf3E 3 Ms. McPherson stated that in the 1989 request, the staff analysis focused on parking requirements of the facility and the subject parcel. Again, staff is concerned about the parking situation. Based on staff analysis, the proposed expansion will increase the area occupied by the tenant to 13,792 sq. ft. or �pproximately 24� of the �buil�ding•. _ Basecl on the uses within the'tenant� spaces, staff has calculated that 82 �spaces will be required by this tenant alone which is approximately 1/2 of that provided by the site. Currently, tenant usage needs 132 spaces and.this will increase to 162 if the proposed expansion.is approved... .. . � Ms. McPherson stated there are 166 parking spaces provided on site. If the proposed expansion is approved by the City Counail, there will be 6,003 sq. ft. of vacant, leasable space•remaining. ` If staff uses the speculative parking ratio of one space ger 500 sq. ft. , 12 spaces will -be required in order to lease the remaining space to a tenant of indeterminate use. However, there are only four spaces remaining after the e�cpansion which would then leave the parcel underparked. To avoid an underparking situation, the management company would be limited to leasing the remaining 6,003 sq. ft. to a tenant which is strictly or predominantly warehouse with a small office space. � Ms. McPherson stated the management company is attempting to acquire a reciprocal cross parking agreement with U.S. Swim and Fitness to the north. Currently, U.S. Swim and Fitness is allowed to use spaces in the University Billiards portion of the parking lot during peak hours for the fitness center. Staff has had previous experience with U.S. Swim and F�tness patrons in which they have created parking problems on Commerce Circle East. A memo included in the staff report documents the staff concerns. Ms. McPherson stated the police department also has some concerns as indicated in the memos included in the staff report and in the information distributed at the meeting which documents calls for service at University Billiards as compared to Joe DiMaggio's. The concern of the police department is the presence of juveniles under the age of 18 in the tenant space after 9:30 p.m. which is in violation of-the curfew ordinance. At the time the staff report was written, the police department recommended three actions regarding this request: 1. The present request be denied; � 2. The hours of operation be limited to 8:00 a.m. to 1:00 a.m.; and 3. That no juveniles be allowed in University Billiards without their parents after 9:30 p.m. ,�"� Ms. McPherson stated the current hours of operation are from 11:00 a.m. to 6:00 a.m. or possibly even 8:00 a.m. depending on the number of patrons in the facility. � PLANNING COMMTSSION MEETING DECEMBER 22 1993 PAGE 4 ^ Ms. McPherson stated that if the Planning Commission chooses to approve the request for the expansion, the request by the police department to limit the hours of operation and eliminate the presence of juven�iles after 9:30 .p.m... has� been �recommended � as ' ..stipulations for�appr.oval. However, based on the analysis and the.. fact that parking is a concern, approv�l of the request would result in a lack of adequate parking for the site. Ms. :McPherson .stated staff is recommending that the Planning • Commission recommend denial of the request to expand the commercial . recreational facility for three reasons: . 1. The petitioner�has adequa�e use of the facility as a result of a previous expansion approved by the City council. 2. The increased parking demand generated by the expanded use leaves little or no flexibility for the property owner for re-occupancy of the building to more intensive uses. 3. Documented parking supply problems with U.S. Swim and Fitness. � Ms. McPherson stated that if the Planning Commission�chooses to approve the special use permit, staff recommends the following stipulations as conditions of approval: 1. The hours of operation shall be limited from 8:00 a.m. to 1:00 a.m. 2. No juveniles shall be allowed in the University Billiards _._ without their parents after 9:30 p.m. 3. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. - 4. The petitioner shall patrol parking lot and manage its _ misuse. ' 5. No alcohol beverages shall be served or allowed on premises. 6. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior � to the approval of the special use permit by the City Council. � /`�, pLANNING COMMI88ION MEETING DECEMBER 22 1993 PAGE 5 7. The special use permit shall Council one year from the date the City determines there is a . requires.further.restrictions be reviewed of approval management or removal. by the City or sooner if problem which Mr. Saba asked if, regardi�g the police statistics, Ms. McPherson knew �here the contacts were made at.the University Billiards or in�the proximity of the.facility.,. . • • Ms. McPherson•stated she did not have an opportunity do discuss the specifics of the police data. The information was provided just prior to the me�eting. �She believes the information pertains to�the general area in and around the two facilities, Universit�r Billiards and Joe DiMaggio's. Mr. Newman stated that page three af the staff report lists five conditions set out in the ordinance. The third condition speaks to the use when it can be demonstrated that the operation will not generate levels of traffic, etc. The proposal talks about increasing traffic and asked if that is something the Commission would have to re-examine again for.each request for a special use permit. Ms. McPherson stated it is; however, in that particular area, the roads are designed for industrial use. The road design itself is adequate. While staff did not analyze the actual number of trips generated by the additional square footage, the petitioner has pointed out that their hours of operation are opposite the typical uses in the building. Therefore, while total traffic generated in the area will be increasing, the traffic will likely occur opposite average use. Mr. Newman asked if the petitioner has seen the memos. Ms. McPherson stated she did provide copies to the petitioners prior to the meeting. Mr. Asproth, an owner of University Billiards, stated their peak hours are from 9:00 p.m. to 3:00 a.m. U.S. Swim and Fitness' peak hours are over by 8:00 p.m. He does not anticipate more cars by expanding but rather the elimination of the waiting list for pool tables. There has not been a parking conflict with the other tenants in the'building. The owners plan to compile documentation of how many cars they have during business hours since University Billiards is open from 11:00 a.m. Normal business hours run until 5:00 p.m., and University Billiards does not have very many customers between those hours. ,r-°-� Mr. Asproth stated they are currently not open 24 hours and do not plan to be. Approximately 30% of their business is between 12 midnight and 3:00 a.m. Many nights there is a long waiting list e PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 6 ^ and, if they close earlier, many people would not be able to play. Most of the problems have happened between 11:00 p.m, and 1:30 a.m. partially because they do not have enough tables. Long waiting lists create more anxiety. More space to seat people and more pool tables will help thein oversee and better mar�age customers. Limiting.hours to 1:OU a.m. or 2:00 a.m. �ill hav�• a:•negative effect, because they would be required to close during the peak of their business and many people would not have had a chance to play pool.. University � Billiards does not have a bar, and 90% of •the revenue comes from.playing pool. If required to close early,.they would need to serve alcohol in order to survive. They do not•know of any non-alcohol pool rooms that close at 1:00 or 2:00 a.m. Mr. Asproth stated University Billiards is the premier �nd busiest place to play pool in Minnesota. If they are required to change hours, their work and investment to be the best will be taken away. Currently, staff posts and enforces curfew rules. The way he understands the curfew rules is as loafing or loitering after 9:30 p.m. if under age. The way staff enforces the curfew is, after midnight, to card and refuse the business of all minors 17 years and younger. At 10:00 p.m., staff ask all 16 years and younger to leave even if they are playing pool and not loitering. This is not an easy task. After 9:30 p.m., youth of this age can go to movies, attend football games and dances, and they don't understand it when � they are asked to leave the billiard hall. Mr. Asproth stated he and his partner have been at the site every night since April 1988, and they want to make sure that the curfeza and rules are maintained. They announce over the intercom when minors must leave, and they go around and card people. � They currently have approximately 10 employees with an average age between 23 and 24. If the hours are cut, jobs too will be cut. They currently have 5-6 employees every weekend and holiday nights with at least two people at closing time. They have 3-4 employees during the weekday nights at peak hours and 1-2 at closing time, not including the owner(s) present. Mr. Asproth stated the employees walk the parking lot every 10-15 minutes to remove any loiterers and pick up trash. They hired a parking lot attendant for awhile when there were a rash of car break-ins. They believe that the thieves who were caught were not customers, but drive-by thieves capitalizing on the possibility of getting car stereos. They ban any customer permanently for drinking. They do not accept alcohol in or around their business. Mr. Asproth stated that when reading the statement from th� police department, he was surprised and confused about the 143 calls for service. Since he or his partner, Ty Wilson, are present every night and neither they, nor their employees have called that many times, he can only guess that these calls include customers that � lock their keys in the cars, the times the police have driven through and questioned people, or when they have called in for � pLANNING COMMI3SION MEETIN(� DECEMBER 22 1993 PAGE 7 missing or runaway kids or for medical reasons. They also know these numbers are combined with U.S. Swim and Fitness calls. Mr. Asproth stated that what he finds confusing is that they hardly made a call the first.two.years in business. The officers opealy encouraged them 'to ca•11 in, �and they d.id ma�Ce calls before trouble happened. The'ir goal is to have a clean, safe place for people to play pool and not worry about trouble makers. They run the strictest and safest pool rooni around.� They recently :talked with an officer and asked him how t3zey rated. Tlie o�ficer said that -for a11 the .people the businesses attracts, they�have very"few problems. He stated the officers know they try hard. Mr. Asproth stated the Moore Lake Health Club closes �t midnight and U.S. Swim and Fitness is open 24 hours. He does not kriow the number of customers at Joe DiMaggio's. University Billiards has approximately 300-400 people on a weekday and 550-650 people on weekends, and approximately 300,000 people over a two-year period. He stated a few bad people have tarnished their reputation and what is overlooked is all the good people that come through their doors. He thinks he has proven to the police department that they are dedicated�to running a good business. /"�, Mr. Asproth stated their investment is very large, and they hope these changes and additional space will spread the people around a little more and have them playing pool rather than waiting a long time to get a table. If they are allowed to expand they will one of the best upscale, non-alcohol rooms in the U.S. They will attract a better and older clientele by serving good food at a reasonable price. Their customers will be better served, and 5-6 more jobs will be created as a result of the expansion. Ms. Modig stated the memo showing the comparison of calls to the police department shows 143 total calls for University Billiards. Does that seem more in keeping with what you think would be your calls? Mr. Asproth stated they call about once per month. When he sees this, he does not know where it comes from. They do not have that many problems. � Ms. Modig stated the comparison shows 24 alcohol related offenses. Since this is a non-alcohol establishment, how are these numbers explained? Mr. Asproth stated this must happen outside, because they do not allow alcohol in the facility. � Ms. Modig stated the peak hours are between midnight to 3:00 a.m. and that seems to go along with the hours that the bars closem That seems to contribute to the problems even though University Billiards is not serving alcohol. . ..... ... ................. � ...._ ... ... PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 8 � Mr. Asproth stated they do not really see a bar rush. They often do not hear about these either. Some people are pulled over as they come in, and they, the owners, do not know about it. He does not condone drinking and he would� like it if ino one drank•• when coming to their business. As far as the other calls�, he has a hard time figuring out how the number of calls could change so drastically. Mr. Saba 'stated one report appears to� be detailed information whi.le another seems to be a summary of�the data. � Ms'. McPherson stated the chart �in the memo of December 21, 1993; documents 143 incidents. The police picked those incidents which they feel can lead to more violent crimes. Of the remaining 300 or so calls, these are probably the more typical calls such as locking keys in the car, several calls for service, etc. She regrets not having had time to speak to the police department about this information in more detail. Ms. Modig stated the memo does not indicate to which establishment the calls are related. It could be U.S. Swim and Fitness or University Billiards. �� � Mr. Saba thought a part of that could also be due to people who come to the area after a party or drinking at a bar. These people are obviously getting alcohol somewhere else since University Billiards does not serve alcohol. Mr. Asproth stated it seems strange to see -alcohol-related offenses when University Billiards does not serve alcohol. Mr. Saba asked what type of security does University Billiards maintain during the hours when these calls are made. Mr. Asproth stated their staff is large enough to watch the parking lot and the inside of the establishment. The owners are also on site every night. Mr. Saba asked if it would make sense to have a security officer, and if Mr. Asproth knew of any other places .that had a security officer. Mr. Asproth stated he did not know if having a security officer would make sense. One other place had a security officer and it is now out of business. The numbers from the police do not make sense to him. Neither he nor his staff have called even for a small percentage of these calls. Mr. Saba suggested that there may be others making calls that he. �''� is not aware of. ,'"'� ' pLANNING COMMISSION MEETING DECEMHER 22 1993 PAGL 9 Mr. Asproth stated a number of these calls must be from U.S. Swim and Fitness. Mr. Saba stated that U.S. Swim and Fitness�.is not �s much of a faatiily place as the Moore Lake Racquet Swim and Fitness, and this • perhaps �draws a diffe'rent element. : � .� ' � . Mr. Asp'roth stated they had approximately 300,000 people at their establishment in the past two years.and, because of these numbers; �, this could happen. � � Ms. Modig asked how Mr. Asproth would address the problem with parking. ' ` Mr. Asproth stated they have no parking problem. Their business is at night and does not overlap with other businesses in the center. They have open spots during their business hours. Mr. Saba asked the operating hours of University Billiards. Mr. Asproth stated they open at 11:00 a.m. but they have no set closing time. It is usually from 4:00 a.m. to 8:00 a.m. depending on the type of business they have. Holidays and weekends are busy � and they stay open for the business. They usually don't find problems are because of the hours they are open. It is during peak times when there are many people there. Mr. Saba asked if peopie try to bring in alcohol. Mr. Asproth stated people have tried but they kick them out right away if caught. Someone has likely gotten away with it at some time but they do everything they can to stop them. Ms. Modig asked if there is someone at the door to check ID's and card patrons. Mr. Asproth stated that on weekends, they always have someone at the iioor. During weekdays, there is not always someone there, but they have someone patrol inside to card those who appear young and to keep the place clean. In their business, it is not a good idea at a late hour to mix the young and the old. Parents do not appreciate it. Mr. Newman referred to the stipulations. Speaking hypothetically, assuming the petitioners' choice was to operate as they are now or be approved for the special use permit with the stipulations, what would be their preference? ,..� Mr. Asproth stated they would go out of business if they accepted ' the stipulations as proposed. With the stipulation to close at 1:00 a.m., they could not remain in business. PLANNING COMMI3SION MEETING DECEMBER 22 1993 PAGE 10 ^ Mr. Newman stated it sounds as if you would prefer to stay as you are rather expand and have the hours of operation curtailed. Mr. Asproth stated, yes, if that was the choice. Their goal is to have a better place.� � . � Mr. Wilson, owner, stated the sport of pocket billiards is�booming. Over the last five years, the sport has grown by more than 50�. Last year, 37 iaillion Americans••played pool at one•time.or. ariother. Years ago, billiards had a one-sided personality. It was a��men= only sport played oftentimes in less�than reputable establishments. Today, billiards is gaining the respect it daserves. Billiards is a multi-facet�d sport that allows men and women, young and old to compete on an equal basis. Strategy and concentratio,n mark the skill of a good player, not size and strength. Mr. Wilson stated that when he and Mr. Asproth opened their pool room over five years ago, their main focus was to separate themselves from that stereotypical pool room. They bought first rate equipment and spared little expense in an effort to show that they plan to stay in business for the long term. They believe they have done just that. They offer a comfortable atmosphere for young and old alike. � Mr. Wilson stated they offer organized activities every week night, weekly and monthly tournaments, ladies night on Wednesday nights, and family days on weekends. They are offering billiards as a form � of recreation and entertainment. In an attempt to cont.rol loitering, they implemented a cover charge. This acts as a coupon for a discount on table time. This discourages people from coming in for any reason other than playing. Mr. Wilson stated that most billiard rooms go out of business because of poor management, absentee owners, or loss of control of clientele. In an effort to combat this, they have hired older employees and an owner is there every single night. As far as U.S. Swim and Fitness and the calls, he stated they have been instructed to call the police even if someone feels faint in any way or anything like that so that could account for some of the calls. Mr. Newman stated the most recent report excludes medically-related calls. . Ms. Modig stated another billiard hall is on Highway 65 and Osborne. How does that hall compare to University Billiards? Mr. Wilson stated it does not compare because that facility serves liquor. He stated their business did not decline even though the other facility is in close proximity. Most of their customers do not want to be in a place where there is alcohol. �'"� � pLANNING COMMISSION MEBTING DECEMBBR 22 1993 PAaS'll Ms. Modig stated there must be some explanation for the fact that there were 24 calls related to alcohol in a two-year period for a business that serves no alcohol. Mr. Oquist.stated his concern is that U.S. Swim and Fitness is tied in witi� University Billiards, which are two different businesses. Even when talking about the Rice� �reek Business Center where University Billiards.is located, the health club is tied in as well. He is not sure the figures are comparing the same thing. Mr. Newman stated the numbers need to be broken out so ttrey know which calls were for which business.•� Mr. Oquist stated the chart indicates 89 thefts over a two year period; however, the owners are saying the calls are �ot coming from their business. Where are these thefts occurring? Ms. McPherson stated the police took the Rice Creek Business Center strip mall with U.S. Swim and Fitness as a neighbor and compared that to East Moore Lake Commons which has Joe DiMaggio's, the bank, etc., and Northwest Racquet Club as a neighbar. When they are talking about Joe DiMaggio's, that is East Moore Lake Commons�' calls for service. If someone got into their car and realized ,� something was wrong, pulled into a gas station and stated they were at University Billiards and someone took their stereo, it would be listed as University Billiards. Mr. Newman stated it could then be possible to assume that a call was related to University Billiards, because someone who parked in the University Billiards parking lot had walked over to another business. Ms. McPherson stated that is possible. A car could also be parked - on the street iri front of the strip mall, but the call may be attributed to University Billiards even if the patron was at U. S. Swim & Fitness. Ms. Modig stated there is such a combination of parking in that area that it is hard to know where the cars are coming from. Mr. Saba stated any time that many cars are parked at that time of night there will be many problems. Mr. Kondrick stated U.S. Swim and Fitness is also open 24 hours so that does not help in terms of the crimes. Ms. McPherson stated the police have noted a definite difference between the two areas. '� Mr. Newman stated that when you have that many people going through there, that is less than 1/2 of 1%. Nonetheless, it does not negate the fact that there is a concentration in that area. PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 12 � Mr. Oquist stated the peak business times are 11:00 p.m, to 3:00 a.m. so this is when there is the highest concentration of cars. If there is a parking problem, it is when the other businesses are closed. : � • • Mr. Wilson stated he does not believe they have a parking problem because it is unusual to have 10 cars duri�g the day. •At night, they have many more.clients but,the bther businesses are closed. Mr. Oquist asked if there had been complaints from the other occupants. Ms. McPherson stated there were no complaints about the_use. �The complaints generated by the other tenants come as a result of the patrons of U.S. Swim and Fitness parking on the street and blocking the line of sight to get onto the street. .Mr. Barg's memo points out that he has responded to complaints such that there have been spots available in the U.S. Swim and Fitness parking lot on the opposite side of the building, yet the street is full of cars because patrons do not want to walk. U.S. Swim and Fitness does have an agreement for parking across the street in the former Minnesota Jobs and Training site, but very few patrons are forced to use that. There is parking permitted on the street so, unless ^ that changes, there will continue to be parking on the street. This is typically before 5:00 p.m. Mr. Wilson stated many of their clients come from some of the businesses with three shifts. They also have bar workers and other night shift workers who come in to play pool late at night before going home. It is not always a bar rush with drunks. If they see anyone obviously impaired by alcohol, they ask them to leave. They run a tight operation. Mr. Saba stated that referring to the stipulations, if the Commission recommends approval with the stipulations, do they agree with the other stipulations except the hours of operation? Mr. Wilson stated that as far as the juveniles, they don't like to mix younger kids and older patrons. They prefer and have an older crowd late at night. In order to comply, they•make an announcement and card for those under age and ask them to leave. ' Mr. Newman asked the definition of a juvenile. Ms. McPherson stated a juvenile is anyone under the age of 18. She stated the police are looking for a stronger effort in making sure there are no persons under 18 regardless of whether they are playing pool. They would like to see stricter enforcement of the 9:30 p.m. rule. ! 1 �"'�, pLANNING COMMI3SION MEETING DTsCEMBER 22 1993 PAGL 13 Mr. Newman asked if having no one under the age of 18 after 9:30 p.m, would cause a problem. Mr. Asproth stated it is hard.to say yes or no. He met with Deputy Dizector Lenzmei,er about this; and he had no idea.when he wrote his • first �meiao what� University Billiards did as far as� juveniles. If "a person is 17, out on a date and comes in after a football game, it is embarrassing for them to be told they cannot come in. They . can be at � a, football game. until .after -9:30 p.m.. W'here� else are. - they go�'ing to go?� This is not a ba:d environment. They get'many �17 year olds at 9:30 p.m., but most play pool. Mr. Newman asked if there is a problem with the staffing requirements. ._ Mr. Asproth stated this is something they are already doing. Mr. Newman asked about patrolling the parking lot and managing its use. Mr. Saba stated it sounded as if this could be done better. If most of the problems are coming from the parking lot, having � someone out there more frequently would make a difference. � Mr. Wilson stated there are concerns out there. If their patrons have vandalism to their vehicles, it is hard to keep them as customers. An employee is to go out every 1� minutes but they do not always do that, but he believed they do go.out at least twice an hour. The parking�lot problem was more of a problem a year ago than it is now. � Mr. Saba asked about the lighting situation in the parking lot. Mr. Asproth stated they had lights added around the building. This area is not lit like the Moore Lake Shopping area. Their parking lot is also different. On the crime issues, they make some calls, because they want to stop a crime early on. They have considered video surveillance. It would be easier to have employees monitoring if there was a camera. Mr. Wilson stated the owners have the same fear as the customers. If the patrons are uncomfortable, they will go somewhere else. Mr. Newman stated the stipulation concerning alcohol is not a problem since no alcohol is served at this location. Mr. Newman stated he is very impressed with the hands-on management, the presentation, and the owners' efforts to have a � high caliber business. He also has a great deal of respect for the � police department. He believed that more discussions between the owners and the police department would help address some of the PLANNING�COMMIg3ION ME�TING DECEMBER 22 1993 PAGE 14 concerns, including parking lot concerns. By doing so, they may be able to work something out with the police department. Mr. Asproth stated he spoke to Deputy Director Lenzmeier yesterday and asked what they could do to make this work. He said he would like to keep open communication between them and the police department. ' Mr. Kondrick stated that if he were another tenant irr that building, he would not•like it because he wouldn't know what the billiards business is about. It is not a bad business, but it is the type of business which could create problems for the other tenants. One of the things missing here is lighting which benefits all the businesses. More light's will deter crime and also fiave more visibility from University Avenue. Lighting is a b-ig part of the solution. The Commission should.try to insist that this be a part of this agreement. Mr. Wilson stated he agreed it will help distract some of the crime for all. Mr. Kondrick stated the owners could survey much of the parking lot from the building with more lighting. Mr. Asproth stated, yes, but it does get busy so sometimes they cannot see�. Mr. Kondrick felt lighting would be the best way to tackle the problem. Mr. Saba stated he thought the police department would prefer to be called to prevent additional calls later on. The police department does encourage calls to help prevent crimes. He agreed with Mr. Kondrick that improving the lighting or surveillance or parking security people would help. He would like to see something add�d in terms of lighting. Mr. Newman asked what the owners' timeframe was for this project. Mr. Asproth stated they would like to begin construction in mid- January. Mr. Newman stated he did not think this is the place to work out lighting. One option is to table this and discuss it at the next meeting. Regardless of the Commission's recommendation, the request will go before the City Council. During the intervening period, the owners could meet with the police department and come up with a plan. Mr. Kondrick stated he would not be interested in going ahead unless there are more lights. It needs lights, it always has, and with lights the problems will stop. r"�, � � m '� pLANNING COMMI83ION MEI;TING DECBMBER 22 1993 PA(3E 15 Mr. Saba stated he does not oppose the expansion. His concern is the security in the parking lot. If these problems are taken care of, he would be more likely to recommend approval. Mr. Wilson stated he agreed that there are.few problems inside the premises. Most problems are outside. Ms. Modig asked Ms. Gardner to address the stipulations. Ms. Gardner stated that regarding leasing remaining space, they�are working with a current tenant who is looking at taking over the vacant space for use as an office and warehouse. Regarding parking, the spec plan shows 177 parking stalls, not 166 as stated at the meeting. She does not know if a physical couri`� was ever done. There has never been a parking issue.. There were some parking problems with U.S. Swim and Fitness, and they did assign some stalls for tenants. Ms. Modig asked her comments regarding additional lighting. Ms. Gardner stated there is additional lighting on the building and lighting all around the building now. There is a walking path �--� there also. She asked if it would be possible for the City to light that path. From a landlord's standpoint, they did put more lighting on the building and would consider additional lighting as needed. There is only so much money available and it does not matter if it is spent inside for construction or outside for lighting. Mr. oquist stated there are some other issues to deal with. If the Planning Commission recommends approval, the hours of operation are to be changed from 8:00 a.m. to 1:00 a.m. Mr. Saba stated he is more inclined to approve extended hours with better security in the parking lot. Ms. McPherson stated she did discuss with the petitioner that it is possible the Commission may want to�'table the request. While Deputy Director Lenzmeier clearly documented the conversations with the petitioner, there is no clear direction as to whether or not that changed the police department's attitude towards the presence of juveniles. Because of these issue, plus there has not been time for the petitioners to analyze cost issues for the lighting, it may better serve the petitioners and the Commission to table further discussion. The next City Council meeting is January 3, and these issues would need to be resolved by that time. Mr. Newman stated the Commission could also deny the request and '`� forward it on to the City Council. PLANNING COMMISSION MEETING DEC�MBER 22 1993 PAG$ 16 Ms. Modig stated she would not be comfortable in voting against the request, but she would also not be comfortable in approving the request because of the problems indicated by the police department. She would like to see the request tabled. Mr. Saba stated he would like to see the lighting addressed before voting on the request. He would now be inclined to vote against it the request. Mr. Oquist stated there are a couple of stipulations that need to be dropped. He doesn't think the police department is as strongly against some of these things as it would appear. Staff may come back with•a different set of =ecommendations. He would approve,the request with some clarification on the stipulations. He thinks there is some communication that could clarify some� of these points. Mr. Newman asked the petitioners if they would like to discuss the issues before the Commission takes further action. Mr. Asproth and Mr. Wilson stated they would like to have some more time to discuss these options. MOTION by Ms. Modig, seconded by Mr. Saba, to continue the public hearing at the conclusion of the remainder of the agenda. _ OPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON�NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING CL03ED AT 8258 P.M. 2. RECEIVE THE MINUTF.S nF muF pauuc arrn D1il�DL'TTTl1AT /"�l1M71RTG��LT MEETING OF NOVEMBER 1. 1993 MOTION by Mr. Kondrick, seconded by Mr. Saba o receive the November 1, 1993, Parks and Recreation Commi a.on minutes. IIPON A VOICE VOTE� ALL VOTING AYE, CHA ERSON NEWMAN DECLARED T8E MOTION CARRIED IINANIMOQSLY. 3. RECEIVE THE MINUTES OF HOUSING AND DEVELOPMENT AUTHORITY MEETING OF NOVEMBER 1993 MOTION by Ms. Modi seconded by Mr. Kondrick, �to receive the November 18, 1993 ousing and Development Authority minutes. UPON A VOICE MOTION CARB.Z 4. TE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE IINANIMOIISLY. � '-1 � m '°'� � � pLANNING COMMI3SION MEET�NG DECEMBER 22 1993 PAGE 17 MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive e November 30, 1993, Environmental Quality and Energy Comm sion minutes. OPON A VOICE oOTE� ALL VOTING AYE, CHAIRPLRSON NEWMAN CLARED THE MOTION CARRIED IINANIMOIISLY. 5. MEETING OF DECEMBER 6, 1993 MOTION by Mr. Kondrick, seconded by M��"` aba, to receive the December 6, 1993, Parks and Recreation C ission minutes. IIPON A VOICE VOTE, ALL VOTING AYE� MOTION CARRIED IINANIMOIISLY. 6. OTHER BUSINESS: a. Review Customer Sendice Surveys NEWMAN DECLARED`T8E Ms. McPherson stated that s part of the goals and objectives for 1993, the City Manager d' ected staff to conduct a customer service survey. Each of the se ice areas developed surveys based on their cycle of service for their program area. Community Development sent out approxima ly 95 surveys from the land use cases of the past two years an received 45 replies. To summarize the results, the petitioners elt the process was clearly explained, the staff report was w 1.organized and factual, and the meetings were conducted i a professional manner. Approximately 80% of the respondent resportded favorably. Ms. McP erson stated a summary memo about the survey was included with e agenda as well as the actual survey results. Staff pro ses to send out the surveys with the action taken letters and ta y the results on a quarterly basis with an annual review. The ritten comments received are also included. 7. PYTBLIC HEARING• CONSIDERATION OF A SPECIAL USE .PERMIT, SP #93-17 BY UNIVERSITY BILLIARDS, INC.: MOTION by Mr. Kondrick, seconded by Mr. Saba, to reopen the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING RE-OPENED AT 9:05 P.M. Mr. Asproth stated he and Mr. Wilson had discussed the issues and agree to table the request. Ms. McPherson stated the next Planning Commission meeting will be held January 12, 1994, and the next City Council meeting will be February 7. PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 18 � Mr. Asproth stated he is not sure about the lighting. Mr. Newman stated the owners need to talk to the police department to see what they would recommend. Mr. Oquist stated employees may also be more willing to go out into the parking lot. MOTION by Mr. Saba, seconded by Mr. Oquist to receive the December 21, 1993, memo to Director Sallman regarding the visit with Greg Asproth; the December 21, 1993, memo to Director Sallman regarding comparison of calls for service; and the memo from Mr. Robert Fields regarding vandalism. • -�_ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. MoTION by Mr. Oquist, seconded by Mr. Kondrick, to continue the public hearing to January 12, 1994. • IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRBERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT: MoTION by Mr. Kondrick, seconded by Mr. Saba, to djourn the meeting. , VPON A VOICE VOTE, ALL VOTING AYE, CHAIR ON NEWMAN DECLARED THE MOTION CARRIED AND THE DECEMBER 22 1993� PLANNING COMMIS3ION MEETING ADJOURNED AT 9:20 P.M. ly submitted, 0 Lavonn Cooper (J� Recording Sec ary � � �'`� ;. �; +:. , , '�. ° ''`��'' � •: F � � � � � �� K ��, a� - ., a � I 3,�.. � II k. � 3. �.'. .3(i . i J,,. �.. `� �� � � � ' *- � Y� i f . r��` i.`��+E,. � � � � � `; ��, � -� ; � � , �` �-- ��y � �$� '� _< . , \ ,,. . .. . +.^zg,^: . �" '_ _. _._.. ..._.Y. r. __ _. . .. . . _ . . .. . ,.. . . ....,.,�..«.....,�.+w.�... . . . . ._._.. ... ........:........ ., „ .......: ;�..�..e�„�..�..,r ,_..pr...,.�..._�. . . � i�� � �i4tti•E���; �:-�:rf t s:r��- � � � � � v,_ -- # �m"��b ,�;. �='��� � �� j �` j �m , . � ,��� � � a� '� .$ � �°�� e�.K � ��� �� _ Y�. .:� -�. � �. ' �� q p � � ,�g ` � . #� �� '� , �'°s" � `_ � ��.a i; v �.�r�,: * � Y� ti .. �� � T _ �g� 4N� �i ��• � �" s Y � � . . 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(!f���. . i t � � � � a � �Q :I �� t� � . � ! � u �ii � I ysI � � ,� CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioner, Ron Stelter, requests that a special use permit be approved to allow the expansion of an automobile agency seliing or displaying new and/or used vehicles. If approved, the request would allow the construction of a 104,650 square foot parking lot. The parking lot will provide space for new vehicle storage, employee parking, and vehicles waiting to be serviced. The petitioner recently completed a plat and rezoning request. This request complies with a stipulation of the rezoning request. SUMMARY OF ISSUES: Section 205.15.01 C.(2) of the Fridley City Code requires a special use permit for agencies selling or displaying new and/or used vehicles. The petitioner has submitted grading and drainage plans which have been approved by staff as part of the previous approvals. A new landscape plan will need to be submitted for approval. A previously submitted plan was changed to require additional landscape materials. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Staff recommends that the Planning Commission recommend approval of the special use permit with the following stipulations: 1. No cars shall be parked in the boulevard or on any landscaped areas. 2. The petitioner shall provide curb and gutter along the entire perimeter of the parking area. 3. The petitioner shall submit a new landscape plan to be approved by the City prior to the commencement of the parking reconfiguration. 4. Barbed wire shall not be installed if the expanded parking area is fenced. 5. The parking lot shall be striped at 10 feet. 6. No cars or other vehicles shall be parked in a manner so as to impede the free travel of vehicles in areas intended as drive aisles. Project Summary SP #97-10, Friendly Chevrolet/Geo, 7501 Highway 65 Page 2 � Petition For: Location of Property: PROJECT DETAILS A special use permit to allow the expansion of a car dealership 7501 Highway 65 Legal Description of Property: Lot 1, Block 1, Friendly Chevrolet Addition Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: � Engineering Issues: 287,496 square feet; 8.87 acres Fiat Typical suburban C-3, Generai Shopping Center District; Friendly Chevrolet Addition, 1997 Connected Highway 65 Senrice Road N/A N/A Comprehensive The Zoning and Comprehensive Plans are consistent in this Planning Issues: location. Public Hearing Comments: To be taken � � Project Summary SP #97-10, Friendly Chevrolet/Geo, 7501 Highway 65 � Page 3 � ,� ADJACENT SITES: WEST: Zoning: R-4, Mobile Home Park S UT : Zoning: R-4, Mobile Home Park EAST: NO : Zoning: M-4, Manufacturing Only Zoning: M-1, Light Industriai Site Planning Issues: REQUEST: Land Use: Mobile homes Land Use: Mobile homes Land Use: Vacant/ Manufacturing facility Land Use: Manufacturing facility The petitioner, Ron Stelter, requests that a special use permit be approved to allow the expansion of an automobile agency selling or displaying new and/or used vehicles. If approved, the request would allow the construction of a 104,650 square foot parking lot. The parking lot will provide space for new vehicle storage, employee parking, and vehicles waiting to be serviced. The petitioner recently completed a plat and rezoning request. This request complies with a stipulation of the rezoning request SITE DESCRIPTION/HISTORY: The subject property is located in the northeast comer of the intersection of Highway 65 and Fireside Drive. The property was first used in 1960 as a mobile home sales and disp�ay lot. In 1960, the City issued a building permit for the construction of a 49 foot by 72 foot workshop and office space. Subsequent building permit activities are as follows: 1963 - 1964 - 1965 - 1971 - 1978 - Construction of a 24 foot by 24 foot detached garage Construction of a 120 foot by 140 foot mobile home sales and service building Construction of a 100 foot by 150 foot storage and sales addition Construction of a 120 foot by 232 foot addition and issuance of special use permit, SP #71-10, for new and used car sales Construction of a 48 foot by 150 foot addition Project Summary SP #97-10, Friendly ChevroleUGeo, 7501 Highway 65 Page 4 � 1982 - Approval of a special use permit to park new vehicles on the Kurt Manufacturing property located to the north 1996 - 3,904 square feet of expansion of the building 1997 - Replat and rezoning of the property ANALYSIS Section 205.15.01 C.(2) of the Fridley City Code requires a special use permit for agencies selling or displaying new and/or used vehicles. Staff has reviewed the petitioner's proposal for the expanded parking. The analysis is as follows: Setbacks The proposed parking lot expansion meets all the setback requirements set forth in the C-3, General Shopping Center district code. The petitioner applied for variances to reduce the parking setbacks but withdrew the request after the City Council tabled � action on the variances. Parking Located on the property are 586 parking spaces. For the use, the code requires 76 spaces. If the use was to change, the speculative parking ratio of one space per 200 square feet of building would require 196 spaces. The proposed expansion will add an additional 280 spaces. Landscaping The petitioner submitted a landscape plan in conjunction with the plat and rezoning requests. The landsc�pe plan was changed to add additional materials along Fireside Drive as a condition of the rezoning request. A new plan incorporating the stipulations approved with these requests should be submitted. STAFF RECOMMENDATION TO THE PLANNING COMMISSION: Staff. recommends that the Planning Commission recommend approval of the special use permit with the following stipulations: � 1. No cars shall be parked in the boulevard or on any landscaped areas. Project Summary SP #97-10, Friendiy Chevrolet/Geo, 7501 Highway 65 �� Page 5 2. The petitioner shall provide curb and gutter along the entire perimeter of the parking area. 3. The petitioner shall submit a new landscape plan to be approved by the City prior to the commencement of the parking lot reconfiguration. 4. Barbed wire shall not be installed if the expanded parking area is fenced. 5. The parking lot shall be striped at 10 feet. 6. No cars or other vehicles shall be parked in a manner so as to impede the ftee travel of vehicles in areas intended as drive aisles. �'�1 � I ' R1 I ��� � � i ��� � _ � , _ = � � :_ _� �. ��� z�r,s o�s�u«B: Q i�ri ' Q18 F7YIgl �JI7}S 0 !�z - Two Famty urKs 0 F�3 - c�xal AA�itipie lkits _Q F�4 - Mobt'ie Flare Paks � PUD - Plamed Urit De�elaprr�ent S7 - Hycle Park Neighborhood 0 S2 - �r�ent Distrid Q G7 - Laal Business 0 c�2 - c�-a� eustn�s � G3 - General Shoppirg ���,-�� o �., -� �� o � -��� � en,3 - auca� � �y iro. �� -� 0 P - Rt�iic Faa7it�s Q wATER � RIGFiT-0F WAY # �,� _ �z # � ,� g _ 4=. SPRING LAKE PARK �' � �,�� t SP 97-10, 7501 HIGHWAY 65 A requ+est by Friendly Chevrolet to�allow expansion of a car clealership in the G3, General ShOpping Center District. � � � n,�� N A j C�Ofl'�178d �1d fj8YK1$O�Y1 afhCl81(BCOfC�S b3SPd a, or�r�noe No. �o ana zoring �ec�e debe 127/56 boget� with aU ard� anoes adopted and effectiv�e as af ?!1 /97. � mec�yo�r-�yn�t�«,�►�t�pro- vlde the most �bo-dabe irdorrr�afian availabls �rr�a�ca � r�e � �t �o cr,� The aiy a�'Fridey w�71 not be r+espor�le for ll$OfFSEPl1lirOfS Or l� O�f �hS �10ClJT1Elt. 4 $�� ��� ' v �y � ��� } � � § R � � � � II y � � Cu = � �i g � � � ���� ���� �. �� � ��. �� � a Q � ( 1 ! � � N � 9 N � 1 I 4i 0� l �§�� ��� � � � � ■ � �s :�_:�:�: :� ���� �l: i� :� � � y: "� : i : � � � r a+: : ��; : . . . . 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Y'� 1'.. �s p''FJ"_s7a L a . ,�� "� i 1 ,�}} t � : < .. r 'f .- : . . � . - - ,� -,. t��,,,,,y.-�-y . �".cc.�. ���� .� d ' �. j rf."a'r ��� � . � . ,. � - . � . �. �^ � � �° � "y,� �'�,L'G y ;�� $`s�. �.`C �tw i='` ,.5:%.' � �. - f%1 f� L ' r� . i Y � . � •• �i y � � � � C�''n � ..' y�._ ' ' F� � ! � i i i.. �'.af. .� `l. �y�,r. . f�,�-� . ,_. ....j... ��' '�aa.�:���' ����,.tc��...'.��{.a�5��•.: �. ;� C1TY OF FRIDLEY 6431 UNNERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 . COMMUNI°TY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessory Others PROPERTY INFORMATION: - site plan required for submittal, see attached Address: � S o! 1-4 w y l� 5+� � Property Identification Number. R�a 3� a� 'd�-'r o� �+1� � R ta 3c��F a� oco Legal Description: Lot ✓ Block Tract/Addition _ � .. . .._ _ . _ - - Current Zoning: � Square footagelacreage: �-p P rc% k 3�c� es - Reason for Special Use: P�•-K � N o F �� o��. S e.v-� `. cG � �oMev s c�.�•,� C��Pa�`/ o�..�,v �d Ue. ��t�s a,r v�eSa\� Have you operated a business in a city which required a business license? Yes ✓ No If Yes, which city? F�-: � �e. If Yes, what type of business? �.�Mo�O � 1e- e..a,.�c s G.� P Was that license eyyer denied or revoked? Yes No ✓ �� FEE OWNER INFORMATION (as it appears on the property title) � (Contract purchasers: Fee owners must sign this form prior to processing) NAME: O�.0 �o �d S'n� c. ADDRESS: �� 01 !�-w (oS N E 'F'v� �\e ►�t �.? �E3 0l DAYTIME PHONE: � 81� — b� o o SIGNATUR DATE• � � � ����7 PETITIONER INFORMATION � %.�r�iSr��: ` o e v 3� �l O o� ADDRESS: �5�: t�lw b N� F�: le �►� DAYTIME PHONE: _7$ �o — 6 l o o SIGNATUR DAT :� � 3 '� Section of City Code: FEES Fee: $100.00 �„2,v� Residential Second Accessory $400.00 �Others Application Number: � 7- i�'� Receipt #: Received By: Scheduled Planning Commission Date: ��P�,Y1 �C7P.P� � Scheduled City Council Date: 10 Day Application Complete Notification Date: 60 Day Date: CITY OF FRIDLEY PUBLIC HEARING NOTICE � BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 7501 Highway 65. CASE NUMBER: Special Use Permit, SP #97-10 APPLICANT: Ron Steiter, Friendly Chevrolet PURPOSE: To allow the expansion of an automobile sales facility. LOCAT/ON OF Generaify located at 7501 Highway 65. PROPERTYAND LEGAL Lot 1, Block 1, Friendly Chevrolet Addition DESCR/PT10N: DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, November 5, 1997 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 HEAR/NG: 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 or Michele McPherson, Planning Assistant, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 571-1287. SPEC/AL 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 572-3500 no later than October 29, 1997. ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson, Planning Assistant at 572-3593. Publish: October 30, 1997 (Fridley Focus) November 4, 1997 (Mpls. Star/Tribune) ,� � ,� pLANNING C�1�lISSION MEETING, OCTOBER 1, 1997 PAGE 6 �5. The petitioners shall provide e correct legal description of the alley to be vacated, 'ncluding the triangular-shaped property next to 6007 3rd treet N.E. � UPON A VOICE VOTE, ALL VOT G AYE, CHAIRPERSON SAVAGE DECLARED TEE MOTION CARRIED UNANIMQU - Ms. McPherson state the City Council would review this item at their meeting of ctober 13, 1997. 2. PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #97-04, BY BOLTON & MENK: To rezone property from M-4, Manufacturing Only, to C-3, General Shopping Center, on the North 330 feet of the Southeast 1/4 of the Northwest 1/4 of Section 12, Township 30, Range 24, and all that part of the Northeast 1/4 of the Northwest 1/4 lying south.of the north 1120 feet thereof, Section 12, Township 30, Range 24, generally located at 7501 Highway 65 N.E. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to waive the � reading of the public hearing notice and to open the public �hearing. TJPON A VOICE VOTE, ALL VOTING AYE; CEAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBI+IC HEARING OPEN AT 7:48 P.M. Ms. McPherson stated the rezoning request is by Bolton & Menk who is representing Friendly Chevrolet/Geo located at 7501 Highway 65. They are requesting a rezoning of approximately 2.48 acres from M- 4, Manufacturing Only, to C-3, General Shopping Center District. Ms. McPherson stated the subject property is located at the northeast corner of the intersection of the east Highway 65 service road and Fireside Drive. There are mobile homes to the south, additional C-3 zoning to the south, and to the east is a manufacturing plant owned by Brenk Brothers Manufacturing. If approved, the owner of the property is proposing to expand the parking area to the rear. Located on the subject property is the car dealership, Friendly Chevrolet/Geo. A car dealership has been located on this location since 1971. The Appeals Commission reviewed a variance request related to the expanded parking area at their September 24 meeting. The property owner and the adjacent owner, Brenk Brothers, are also in the process of proposing a preliminary plat which is the next item on the agenda. � Ms. McPherson stated there are three criteria used to analyze rezoning requests: PL�,NNING CO1�Il�lISSION MEETING OCTOBER 1 1997 pp,� � /"1 1. Compatibility of the proposed use with the proposed district. Ms. McPherson stated the petitioner is proposing the expansion of the parking lot. If the plat is approved, the property owner proposes to expand their parking area to the east by approximately 200 feet. Parking lots are a.permitted accessory use in the C-3 district. The C-3 district, however, does require a special use permit for automobile uses such as new and used car sales and any expansions of such uses. 2. Compatibility of the proposed district with adjacent uses and zoning. Ms. McPherson stated the M-4, Manufacturing Only District, was recently adopted to encourage manufacturing uses and to reduce the number of warehouse/distribution facilities which the City has seen develop in recent years. The parcel prior to its being rezoned to M-4 was zoned M-1, Light Industrial. A manufacturing parcel is located to the east and north of the property. This zoning pattern in this neighborhood has been established since 1958, based on staff's review of historic zoning maps. The expansion of the C-3 use to the east would still be compatible with the adjacent uses and zoning. � 3. Compliance of the proposed use with the proposed district requirements. Ms. McPherson stated the petitioner has requested several variances for the proposed parking lot expansion including a reduction in the hard surface setback from the public right-of-way from 20 feet to 7 feet; a reduction in the hard surface setback from the side lot line (north side) from 5 feet to 0 feet; and to waive the requirement for curb and gutter along the north side of the parking lot. The petitioner has requested these variances in order for the expanded parking area to be consistent with the existing parking area. The Appeals Commission recommended approval of these variances 'to the City Council as requested by the petitioner. Ms. McPherson stated the petitioner has submitted a landscape plan which indicates the required screening along Fireside Drive. In order to provide consistent landscaping along Fireside Drive, staff is recommending additional street trees be installed in addition to the proposed hedge. The petitioner is proposing to install a security fence along the east and north lot lines and is unsure at this time if the existing fence along Fireside Drive will be extended along the new parking area or if it will be removed. A small portion of the fence was removed in conjunction with the recent building.addition that was completed in 1996. The � fence now has three strands of barbed wire on top of the chain e ,^ pI,ANNING CONIl�lISSION MEETING, OCTOBER 1 1997 PA� 8 link. The City Code expressly prohibits the use of barbed wire. Staff has recommended a stipulation that the barbed wire be removed as well as no barbed wire installed on the new fence. Ms. McPherson stated, since the request meets the three evaluation criteria, staff recommends approved of the request to the City Council with the following stipulations: 1. Barbed wire shall not be installed on the extended fence and shall be removed from the existing fence. 2. Three Marshall's Ash, spaced evenly, shall be installed along Fireside Drive in addition to the proposed hedge. 3. The plat and variance requests shall also be approved. 4. The petitioner shall receive a special use permit prior to expansion of�the parking lot. 5. Additional hedge materials shall be installed along Fireside Drive in the area of the "old" parking lot. i--� 6. Adequate on-site employee and customer parking shall be provided, on-street parking shall not be allowed. Ms. Savage asked if there were questions of staff. Mr. Oquist asked if there had been a similar request from this dealership within the confines of the place for employee parking. Ms. McPherson stated in 1996 they completed a substantial addition for office and showroom and did a small addition to the rear. At that time, the Appeals Commission and City Council did grant similar variances for the parking lot. The lot has not been further expanded from where it was. It was just brought into compliance through the use of variances. Ms. Modig stated stipulation #6 talks about adequate on-site employee and customer parking and no on-street parking will be allowed. Is that on all three sides? Ms. McPherson stated this was correct. Mr. Oquist asked how this would be policed. If he drives up there and has to park on the street, do they come out and have to move the car? n Ms. McPherson stated this would probably not happen. The purpose for stipulation #6 is that we have had recent code enforcement complaints regarding the amount and length of on-street parking � PLANNING CObIlKISSION MEETING, OCTOBER 1 1997 pp�� g for this location. It has been customer cars, service cars, and employee cars parked on the street for long periods of time and causing traffic complaints, etc. Staff is working with the petitioner through this process to rectify that. This is to stipulate that they need to park on the site and not on the street. Mr. Oquist asked if they needed to install No Parking signs or paint the curbs yellow. Mr. Hickok stated that it is anticipated by the nature of folks as they are shopping for cars that sometimes they would just like to peruse the lot without pulling in and parking. It is anticipated, without painting the street or posting signs, there will be some customers who will park there. The issue here is providing parking for those who want to park on site and to make sure that all vehicles being serviced or belonging to employees have a spot on the lot. The big issue is not the occasional guest who parks on the street but rather those folks that should be parking on the lot. Mr. Sielaff asked if the petitioner could put up signage indicating customer parking and in that way designate a.certain portion for customers. Mr. Hickok.stated he thought that was a excellent idea. Mr. Sielaff stated he could foresee that the Planning Commission would pass this for these uses, and it could be taken up by new cars. What about the Comprehensive Plan and rezoning this? Is this a significant change for the Comprehensive Plan? Ms. McPherson stated there will need to be a minor amendment to the comprehensive plan. However, we have had several minor changes in the land use designations such as the American Legion. The City is in the process of updating the plan itself. Staff is hoping that all of these minor land use changes will occur at the same time and be presented to the Metropolitan Council at one time. Mr. Sielaff stated he thought they should designate customer parking. The question becomes what amount. Mr. Honsa stated he is working with the City and he plans to meet the six additional requirements. He has no problem with those. Ms. Savage asked if they had any additional comments. Mr. Stelter stated they had nothing further to add to his knowledge. ' /"� � � � PI,ANNING COI�lISSION MEETING, OCTOSER 1, 1997 PAGE 10 Mr. Sielaff asked about a stipulation to designate an area for on- site parking. Mr. Stelter stated that is no problem. They are providing parking now. They do not have enough parking on site for employees. You will see an occasional car park out front on Sundays because the lot is closed. Mr. Sielaff asked what percentage of the additional parking was going to be designated for customers and for employees. Mr. Stelter stated the entire back lot will be for customer cars that will be serviced and for employees. The lot will be approximately 50/50. Mr. Sielaff asked if they would object to putting signs there for customer parking. Mr. Oquist stated he thought there was some confusion. Mr. Stelter is talking about cars that will be left outside for service work. Mr. Sielaff is talking about new/used car customers ^ coming in to browse. Is.there space allocated for that? Mr. Honsa stated the expansion being put in on the east side will open up room for the new car buyer. Most people will enter on the southwest corner or the south and westerly side. On the westerly side, it is there intention to open up some additional space to provide for customer parking. The expansion lot is to get employees parking there and then the people who drop their cars off for overnight service will park in that additional parking area. The building expansion has taken up some of the parking. Mr. Sielaff asked if there would be any new cars in this expansion area. Mr. Stelter stated there may be some if space provides for it. Mr. Sielaff stated his concern is that they would put many new cars back there and then there would not be enough_room for customer parking. This could result in the customers parking on the street again. He is trying to get an idea of how much signage would be adequate. Mr. Stelter stated he would rather not put signs up. If they open up the entire front of the building, that should be enough space for customers. '^` Mr. Honsa stated they could work with staff to see what they feel would be adequate. PLANNING COI�tISSION MEETING, OCTOBER 1, 1997 PAGE 11 Mr. Oquist stated they just don't want all new cars in the new area and then get the same parking situation again. He thought staff could work that out with the petitioner. Mr. Brenk stated he was one of the owners of Brenk Brothers, Inc., the property directly to the east of Friendly Chevrolet. They are in favor of this property transfer overall. It is still pending a formal agreement between themselves and Friendly Chevrolet, but it is a logical move to make this swap. There are three issues that he wanted to mention, and some may apply to the following rezoning request. First, as the platting occurs, they want to separate any property as a separate parcel and that parcel may stay as an M-4, Manufactory Only, future expansion. Second, they need to define and confirm the status of the storm drainage pond. He was not sure of the definition. They were not sure at this point whether to consult an engineer to see if the pond is going to require additional storm conveyor or, as this is defined, if there is any future liability they need to be concerned with or any safety issues. Third, they share the parking issue concerns. There are times when Friendly Chevrolet employees have parked on their property and on the street. They share some of those concerns as well. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND TgE pUgLIC HEARING CI�OSED AT 8:05 P.M. Mr. Sielaff stated he would like to see added to stipulation #6 that the petitioner shall provide adequate customer parking signage as agreed to with City staff. Otherwise, he is comfortable with the recommendation. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to recommend approval of Rezoning, ZOA #97-04, by Bolton & Menk to rezone property from M-4, Manufacturing Only, to C-3, General Shopping Center, on the North 330 feet of the Southeast 1/4 of the Northwest 1/4 of Section 12, Township 30, Range 24, and all that part of the Northeast 1/4 of the Northwest 1/4 lying south of the north 1120 feet thereof, Section 12, Township 30, Range 24, generally located at 7501 Highway 65 N.E., with the following stipulations: 1. Barbed wire shall not be installed on the extended fence and shall be removed from the existing fence. /"`� �`'1 2. Three Marshall's Ash, spaced evenly, shall be installed along ^ Fireside Drive in addition to the proposed hedge. �1 ,,"1 � PLANNING CO1�Il�IISSION MEETING, OCTOBER 1, 1997 PAGE 12 3. The plat and variance requests shall also be approved. 4. 5. The petitioner shall receive a special use permit prior to expansion of the parking lot. Additional hedge materials shall be installed along Fireside Drive in the area of the "old" parking lot. 6. Adequate on-site employee and customer parking shall be provided, on-street parking.shall not be allowed. The petitioner shall provide adequate customer parking signage as agreed to with City staff. UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated the City Council would review this item at their meeting of October 13, 1997. _ 3. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #97-03, BY BOLTON & MENK: To replat three lots into two, on the North 330 f et of the Southeast 1/4 of the Northwest 1/4 of Section 1, Township 30, Range 24, and all that part of the Northe st 1/4 of the Northwest 1/4 lying south of the north 1120 eet thereof, Section 12, Township 30, Range 24, genera y located at 7501 Highway 65 N.E. MOTION by Mr. Oquist, seconded by Ms. of the public hearing notice and to c UPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED AND THE PUBLIC HEA� ,a�g, to waive the reading the publi.c hearing. IRPERSON SAVAGE DECLARED THE OPEN AT 8:08 P.M. Ms. McPherson stated the plat equest is by Bolton & Menk on behalf of Friendly Chevrolet eo and also Brenk Brothers Manufacturing. The propos preliminary plat is to re-subdivide three parcels into two. he request is for parcels located at 7501 Highway 65 and 749 Central Avenue. __ Ms. McPherson state the analysis of the preliminary plat� indicates that bo lots as indicated by the plat meet the minimum lot area and lot idth requirements for both the M-4, Manufacturing ly, and C-3, General Shopping Center districts. The current platted lot configuration indicates there are three parcels. T ere is a dividing line to the east of the Friendly Chevrolet eo parcel. There is a vacant parcel to the north of the Bre Brothers and also the Brenk Brothers property which exten the same distance as the property to the north. The land CITI( OF FRIDLEY APPEALS COMMISSION MEETING, SEPTEMBER 24, 1997 ROLL CALL: Vice-Chairperson Beaulieu called the September 24, 1997, to order at 8:02 p.m. ROLL CALL: Members Present: Members Absent: Carol Beaufieu, Ken Vos, T,� Larry Kuechle Mau Others Present: Michele McPh n, Planning Assistant Dennis Ho , Bolton & Menk Ron Ste r, Friendly Chevrolet Roge oody, Friendly Chevrolet Commission meeting TI by D. Vos, seconded by Ms. Mau, to approve the August 27, 1997, Appeals Commissio minutes as written. UPO A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU D LARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF A VARIANCE REQUEST VAR #97 15. BY BOLTON & MENK INC : Per Section 205.15.05.D.(5).(a) of the Fridley Zoning Code, to reduce the hard surFace setback from the public right-of-way from 20 feet to 7 feet; Per Section 205.15.05.D.(5).(b) of the Fridley Zoning Code, to reduce the hard surFace setback from the side lot line from 5 feet to 0 feet; Per Section 205.15.05.D.(3) of the Fridley Zoning Code, to eliminate the requirement for curb and gutter around the parking area; To allow the expansion of the vehicle sales area and customer parking facilities on the north 330 feet of the SE 1/4 and all that part of the NE 1/4 of the NW 1/4 lying south of the north 1120.00 feet thereof, generally located at 7501 Highway 65 N.E. (Friendly Chevro(et/Geo). MOTION by Ms. Mau, seconded by Dr. Vos, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:03 P.M. 21.22 � � n � APPEALS COMMISSION MEETING, SEPTEMBER 24 1997 PAGE 2 Ms. McPherson stated the variance requesf is by Bolton & Menk representing Friendly ChevroleUGeo located at 7501 Highway 65 N.E. The three-part request is to reduce the hard surface setback from the public right-of-way from 20 feet to 7 feet; reduce the hard surface setback from the side lot line from 5 feet to 0 feet; and eliminate the requirement for curb and gutter around tf�e parking area. The subject parcel is located in the northeast comer of the intersection of Fireside Drive and the east Highway 65 service road. . � � Ms. McPherson stated that in addition to this request, the petitioner is processing a plat request, a rezoning request, and a special use permit. The plat and rezoning requests are in conjunction with the owner of the property located at 7490 Central Avenue, also known as the Brenk Brothers Manufacturing faciliiy. Friendly Chevrolet has purchased the vacant parcel to the east of and directly adjacent to the existing car dealership. The Brenk Brothers building is generally in the southeast comer of the site. A large portion of the Brenk Brothers property is currently vacant. The replat of the subject property and its adjacent neighbors will create an expanded area for the car dealership directly to the east of the existing dealership. In exchange, Brenk Brothers will receive property located to their north creating a north/south parcel rather #han the existing east/west parcel. They are essentially swapping land. This request is related to the proposed parking lot �'`� expansion which will ocxur on the newly acquired property. In order to do the expansion, this area will need to be rezoned C-3, General Shopping Center District, as the existing site is currently zoned and will also need a special use permit to allow expansion of the car dealership use. Ms. McPherson stated that in 1996, the petiitioner constructed finro additions to the car dealership—one was 84 feet x 84 feet and another 44 feet x 21 feet. A two-story addition occurred in the front and provided new office and showroom facilities. When the petitioner proposed the expansion, they also requested several variances to correct existing conditions on the site. Variances were granted to reduce the hard surFace along a public right-of-way to 13 feet and 7 feet along Fireside Drnre. A variance was also granted to reduce the hard surFace setback from 5 feet to 0 feet along the north properly line. Along this property line, the petitioner has some shared parking with the Kurt Manufacturing building to the north, which is zoned M-4, Manufacturing Only. They also have a special use permit on the Kurt Manufacturing site use to allow parking of new vehicles. A temporary variance was also approved to waive the curb and gutter requirement for three years along the south property line in anticipation that the petitioner would be constructing additions to the service area and expanding the paricing lot. Ms. McPherson stated the petitioner. has requested a variance similar to what was granted in 1996 to match the curb lines along the Fireside Drive right-of-way. The adjacent area to the east is currently vacant and has no existing pavement. While a � variance was previously granted, the circumstances on the original site are somewhat different than on the vacant property and the petitioner has an opportunit�r to provide the 20 foot required setback. This would provide a consistent curb line and setback with the adjacent property to the east. The compliance with the setback requirement would affect 21.23 - APPEALS COMMISSION MEETING, SEPTEMBER 24 1997 PAGE 3 � the proposed parking by reducing the potential number of parking spaces that may be provided in the expansion area. However, that reduction of potentiai spaces does not reduce the number that are required by code. The site prior to the expansion provides 586 spaces which is 390 more than required by code. In addfion, the additional setback would provide the potential for increased landscaping including street trees and other amenities. In addition to the previously granted variance for the subject property, the City has previously granted variances of this nature down to 0 feet. Ms. McPherson stated the second variance is to reduce the setback�to 0 feet along the� north property line to provide a consistent line as stated by the petitioner's hardship statement. Staff will present the fact that the site is vacant. It would be unusual to have a jog when compared to the existing section of this property, but it would provi�e 10 feet of green space between the closest edge of the Kurt Manufacturing building ar.d the proposed parking area. When considering this industrial site with other indusfriai siies in the community, it is not unique. There are no differentiating site conditions and no shared parking with the adjacent property to the north in the area of the requested variance. Ms. McPherson stated the third variance is to waive the curb and gutter requirements to be consistent with the previous approvals along the north property line. However, there is no shared parking in the area of the variance and the placement of the curb and gutter would finish the new parking lot off very nicely, provide an aesthetic improvement to the site and would help direct storm water from running off the site as the proposed grading �"1 does indicate that water should be directed to flow to the shared detention pond between . the shared properties. � � Ms. McPherson stated staff recommends denial of this request to the City Council based on the facts as stated. However, if the Planning Commission chooses to recommend approval, staff recommends the following stipulation: 1. The related plat, rezoning and special use permit requests shall be approved. Ms. Beaulieu stated that when the Planning Commission allowed this in 1996, the hardship was because it was either existing or shared parking. Ms. McPherson stated this is correct. Mr. Honsa stated they are requesting the setback be reduced from 20 feet to 7 feet along Fireside Drive. The hardship is, if they jog that additional 13 feet, they are going to have to redesign the entire parking lot. It will disrupt all the traffic pattems. They want to establish continuiiy. It was granted a year ago� and the existing site is approximately 600 feet long. They are trying to clean up the block there. They are planning two lots. It would be an approximate 200-foot extension of the previously granted variance. Ms. McPherson pointed out that she would like to see it go to 20 feet to match the Brenks � Brothers building. Their curb is not at the 20-foot setback but rather appraximately 40 feet back. If you are looking for continuity between the finro parcels, you would never arrive at that. 21.24 T"� APPEALS COMMISSION MEETING SEPTEMBER 24, 1997 PAGE 4 Mr. Honsa stated the second request is to reduce the hard surface setback along the north property line to 0 feet. The fence for the Kurt Manufacturing site goes right up to the comer of the building and there may be some type of agreement in the future for a shared driveway through there. By putting green space there now, they are not accomplishing anything. He did not believe there was any maintenance south of that building. If they did put in green space, who will maintain it? Kurt Manufacturing runs the fence right to the building comer and uses the building to divide the property. Mr. Honsa stated ttiat with the curb and gutter on the north end, they f�ave asked for a variance along the north property line only. There is an unnecessary cost related to the curb and gutter. He agreed with staff that it does keep vehicles from going onto a maintained area. Another purpose of curb and gutter is to direct storm water. The design of this property is that they are going to take all the adjacent water and channel it across the proposed addition into a detention pond. From a design purpose, other than trying to catch a car, there is no real reason to put curb and gutter there. Again, they are asking for an extension of the variances granted a year ago. This is less than 1/3 the size of the existing property and is for continuity in both the parking systems in the front and rear of the building. If they jog the parking, there is an enormous amount of cost to recreate the parking pattems and relocate light posts from what has existed for numerous years. � Dr. Vos asked what the use of the proposed parking area would be. Mr. Moody stated this would basically be employee parking, vehicles from the factories, and service people. Dr. Vos stated he noticed that the agenda said to eliminate curb and gutter around the parking areas. The.summary states stated it is along the north edge of the properfiy. Which is correct? • Mr. Honsa stated they are asking for a variance along the north edge to 0-foot setback for bituminous surfacing with no curb and gutter. The east side will meet all City requirements including the setback requirements. On the south side, they will meet the City's requirements for curb. They are asking for the setback due to the traffic pattems. New curb and gutter will be put along the existing parcel and they would like to extend that uniformly along Fireside Drive. Dr. Vos stated he understands there is no curb and gutter along the south edge on Fireside Drive at this time. Mr. Honsa stated they do have a portion of curb and gutter from the comer to the first driveway. They want to put curb in the same place along the south property line. They � have a variance for 400 feet there. They are now requesting a variance for 200 feet to the east at the same point. Dr. Vos asked if there would be any new curb cuts along Fireside Drnre. 21.25 APPEALS COMMISSION MEETING, SEPTEMBER 24,1997 PAGE 5 r--� Mr. Honsa stated, no. There are two existing curb cuts which will remain in place. Mr. Honsa stated they would like to get this project completed this year. They do not know how soon snow will be coming. If there is no snow up until the third week of November. they could probably get the site paved. In case of an eariy snow and they cannot pave, they would like to put in Class V and then surFace that as soon as the weather permits next year. Ms. McPherson stated they would have to work with staff on this type of thirig. StafF has previously allowed Class V and then held a bond to insure the lot is completed. This is done on a case-by-case basis. MOTION by Dr. Vos, seconded by Ms. Mau, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:25 P.M. Dr. Vos stated it is a different part of the property. He can see the spirit of what the staff is trying to say, but it seems like it would not give us that much more advantage to adhere to all three variances. He did not think he would vote against any of the variances. He is not crazy about it. ^ Ms. Beaulieu stated she was impressed with what the petitioner said which is asking for continuance of the variance they already have and the continuit�r of the developed property. She did not see a good reason, as long as it was allowed before, to allow for this additional property. Ms. Mau stated she concurred. There is no other way to get it to blend without following the same line. ` ON by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #97-15, by Bolton & Menk, Inc., to reduce the hard surFace setback from the public right-of-way from 20 feet to 7 feet; to reduce the hard surFace setback from the side lot line from 5 feet to 0 feet; and to eliminate the requirement for curb and gutter around the parking areas; to allow the expansion of the vehicle sales area and customer parking facilities on the north 330 feet of the SE 1/4 of the NW 1/4 and all that part of the NE 1/4 of the NW 1/4 lying south of the north 1120.00 feet thereof generally located at 7501 Highway 65 N.E. (Friendly Chevrolet/Geo), with the following stipulation: 1. The related plat, rezoning and special use permit requests shall be approved. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BEAULIEU ^ DECLARED THE MOTION CARRIED UNANIMOUSLY. 21.26 c � APPEALS COMMISSION MEETING� SEPTEMBER 24 1997 PAGE 6 � � Ms. McPherson stated the City Council would consider this request at their meeting of � October 13. 2. Ms. McPherson provided an update on Planning Commission and Ciiy C�Cincil actions. Ms. McPherson stated the Recycling Center is now accepting appl' ce, fluorescent light bulbs, and scrap metal starting September 20. Residents can e these items to the center during its operating hours, Tuesday through Saturday :00 a.m. to 5:00 p.m. There is a fee for appliances and fluorescent bulbs. If yo re a Fridley/NSP customer and bring your bill, you can drop off fluorescent bulbs no charge. ADJOURNMENT: MOTI N by Dr. Vos, seconded by Ms. M�(, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTI AYE, VICE-CHAIRPERSON BEAULIEU DECLARED THE MOTION CA IED AND THE SEPTEMBER 24,1997, APPEALS COMMISSION MEETING A OURNED AT 8:28 P.M. Respectfully submi�d, Lavonn�Cg�per � �, � � Record' �( Secretary 0 21.27 0