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PL 04/20/2011 - 30023PLANNING COMMISSION MEETING April 20, 2011 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: Leroy Oquist, David Kondrick, Jack Velin, Brad Dunham, Dean Saba, Brad Sielaff, and Tim Solberg OTHERS PRESENT: Stacy Stromberg, Planner Approval of Minutes: January 19, 2011 MOTION by Commissioner Saba to approve the minutes as presented. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. l. PUBLIC HEARING Consideration of a Public Hearing for a Vacation, SAV #11-01, by Scott Dahlberg, to vacate a portian of unimproved 55`h Avenue NE, (Platted as 3'� Street) in order to acquire additional land area to make a code compliant buildable lot, generally located north of the vacant lot at 5455 — 6`n Street, which is south of Interstate 694 and west of 7`" Street. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planner, stated the petitioner, Mr. Dahlberg, is seeking to vacate an unimproved portion of 55`" Avenue, which is located north of the vacant property at 5545 6`h Street. Vacating this unimproved right-of-way will give the petitioner the additional land area required to make the lot buildable. Ms. Stromberg stated in 1972 there was a vacation request submitted to vacate 55`� Avenue, north of the apartment building tocated at 5451 5`h Street, which is directly west of the property at 5455 6`� Street. That vacation request was denied because at the time the City's Public Works staffdidn't recommend the vacation in case 55"' Avenue were to be utilized again. In 2001, a vacation request was submitted by the owners of the apartment building at 5451 5`" Street. Public Works staff determined at that time there was no longer a need to keep the right-of-way and as a result the vacation was approved. Ms. Stromberg stated the petitioner is seeking to vacate an unimproved portion of 55`�' Avenue NE, north of the property he owns at 5455 6`h Street. His property is currently 19,200 syuare feet in size, which is 800 sq. ft. short of ineeting the minimum lot size requirements for the C-2, General Business zoning district regulations. Vacating this right-of-way, would give the petitioner an additiona130 feet by 166 feet (4,900 square feet) section of land, which would then increase the size of the lot to 24,100 square feet, therefore, meeting the minimum lot size requirement of 20,000 square feet. Ms. Stromberg stated the area proposed to be vacated is shown in the crosshatched area in the above aerial and is also in the attached survey. As stated above, the petitioner wauld gain a 30 feet by 166 feet strip of land and the remaining portion of the vacated 55`" Avenue would be turned back to the City. Ms. Stromberg stated although the petitioner doesn't have plans to develop the property at this time, he's seeking this request now so it's ready in the event that he's approached by a potential buyer or developer. In order to service this newly created property, staff has drafted a stipulation based on direction from the City's Engineering department to either install a private driveway or a public road from 7`h Street. At which time the property is developed, it will be the developer's choice as to how to access the site. Ms. Stromberg stated in the case of the 2001 vacation of 55`f' Avenue, the City required that the northerly 5 feet of the vacated street be dedicated back to the City as an easement because there is a water main located directly north of that property, and the City needed the easement for access purposes. The petitioner's surveyor is currently locating the placement of that water main and how it may impact this vacation request. As a result, an additional stipulation may be added to this vacation request, once the surveyor has provided the necessary information to the City on placement of the water main. The City will have that information by the time this request goes before the City Council. Ms. Stromberg stated City staff recommends approval of the street vacation request, with a stipulation. City staff recommends if the street vacation is approved, the foliowing stipulation be attached: Access to 5455 6"' Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7t1i Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7�' Street, with proper signage visible from 7`h Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7�' Street (billboard lot) vi. Water, sewer, and stormwater connection fees shalt be paid by owner/developer prior to issuance of a building permit. Chairperson Kondrick stated depending upon how the property develops, in the second choice, does that mean that he has to pay for a driveway, the full length from 7`h Street to his property? With both options he has to pay for the street or driveway to be done, correct? Ms. Stromberg replied, yes. The frst option is to install a code-compliant street, construction of the street, curb/gutter, everything you would see on a normal city street. The second option is to do a private 2 driveway instead. It will still need to be curbed and guttered, and there would have to be a turn around access point for fire truck access, but it would be a private driveway instead of a public road. Commissioner Oquist asked what is the status of the property to the east of the petitioner's property? Ms. Stromberg explained there is already a dirt road that exists from 7`h Street leading to the petitioner's property. This dirt road is 55`h Avenue and a portion of is being asked to be vacated. She showed on an aerial where the street or private driveway would go in to access the site. The lot east of the petitioner's property is a billboard lot at 6480 7`h Street, which is owned by Clear Channel and is vacant other than the billboard. Commissioner Oquist asked who owns the road, the City? Ms. Stromberg replied, yes. Commissioner Kondrick asked, they are not asking the petitioner to pave, improve the road from Seventh Street all the way to the west of their property, are they? Are they just talking about improving the road on the property from 7`h Street to the east edge of the petitioner's property? Ms. Stromberg replied, correct Commissioner Dunham asked is 5480 7`h Street is completely unbuildable? Even if you were to vacate the right-of-way? Ms. 5tromberg replied it is zoned C-2 and which has a minimum lot size of 20,000 square feet; therefore, she believes it would be under. Commissioner Oquist asked if the property at 5480 7"' Street pursued a vacation it would really land locks the property wouldn't it? Ms. Stromberg replied, it would; and it would be a matter between the petitioner and Clear Channel to work out some kind of access ageement to their lot. Commissioner Dunham asked how would 5455 6`h Street become landlocked if that would happen? Was it part of 5460 7`h Street at one time? Ms. Stromberg replied, no. It has always been its own parcel. It would become landlocked only if the remainder of 55"' Avenue was vacated. Because the portion of 55`�' Avenue not of the parcel at 5480 7`� Street is not being vacated, it provides right-of-way access to the petitioner's property. Commissioner Kondrick asked Ms. Stromberg whether staff has received any correspondence or phone calls from those who were sent letters? Ms. Stromberg replied, staff did receive an inquiry from the owner of the apartment building to the west just out of curiosity. Commissioner Velin asked, what is a private hydrant installation? Ms. Stromberg replied, the developer would need to install a hydrant. Commissioner Velin asked, would the City put that in? The petitioner would have to pay for a hydrant? 3 Ms. Stromberg replied, yes, the developer would have to pay for the hydrant. Lots of businesses have private hydrants. Commissioner Sielaff asked, the petitioner would have a driveway on his property that he does not own? Ms. Stromberg replied, correct because the driveway would be in the public right-of-way. Commissioner Sielaff asked, how is that dealt with? Ms. Stromberg replied, it is through a license agreement with the City, the agreement is drafted by the City's engineering department. Commissioner Sielaff asked theoretically if they put a driveway and license it from the City it is likely that the City would vacant the rest of 55`�' Avenue. Ms. Stromberg replied, it is likely that the City would not vacate it then. Commissioner Dunham asked if 5480 7th Street could ever be a buildable? Ms. Stromberg replied, that is something that she would need to analyze. She is not sure if it would have enough land area even with the road being vacated. She would have to determine the square footage of the lot at 5480 7`h Street and then add it with the road and see if there would be enough land area to make it buildable. Commissioner Kondrick asked the petitioner whether all of the conditions are agreeable? Scott Dahlberg, petitioner, replied he has been working with Ms. Stromberg for quite some time. It has been very smooth, very clear process. Commissioner Kondrick stated he realizes it depends on what is built there as far as how he dces the road. Mr. Dahlberg replied, absolutely, and he is glad these stipulations are up front, too, because it will be something they will talk about in the purchase agreement. He wants there to be full disclosure. Commissioner Kondrick asked Mr. Dahlberg whether the fire hydrant, possible cul de sac, etc. are all okay with him? Mr. Dahlberg replied, absolutely. Commissioner Oqnist asked Mr. Dahlberg, if he currently has plans for the property and is he just being proactive? Mr. Dahlberg replied, he is being proactive but he thinks they will end up selling it because the taxes have been rising quite steadily. He will probably be selling it more in the near future. Commissioner Sielaff asked, what happens when he changes ownership? Ms. Stromberg replied, the license agreement will be put into place at the time the lot is developed. The stipulation will always stay with the land. Therefore, anyone who comes in to develop it will need to 4 meet one of the two stipulations. If a developer develops it and then chooses a private contract agreement with the City that agreement would be transferable if the {ot or the business was sold. Commissioner Sielaff asked whether they pay some sort of annual fee for the license? Ms. Stromberg replied, she is not sure. The license agreement is drafted by the Engineering Department. It is something they have done in the past and is not something new. She is unsure whether it is an annual or one-time fee. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:22 P.M. Chairperson Kondrick stated he has no problem with this. He has driven by there. He thinks it gives the petitioner the option one way or the other depending on who buys it, and the buyer can go whichever way he wants to go. The street dead-ends anyways. MOTION by Commissioner Oquist approving Vacation, SAV #11-01, by Scott Dahlberg, to vacate a portion of unimproved 55`h Avenue NE, (Platted as 3`d Street) in order to acquire additional land area to make a code compliant buildable lot, generally located north of the vacant lot at 5455 — 6�' Street, which is south of Interstate 694 and west of 7`h Street with the following stipulation: 1. Access to 5455 6`h Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7`� Street (billboard lot) iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Instail a private driveway through a license agreement prepared by the City, to the parcel that camplies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7`h Street, with proper signage visible from 7`h Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7`t' Street (billboard lot) vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER50N KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5 2. Receive the Minutes of the January 6, 2011, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRP'ERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the January 11, ZOII Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the December 6, 2010, Parks & Recreation Commission Meeting. MOTION by Commissioner Sibel to receive the Minutes. Seconded by Commissioner Soiberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the Minutes of the February 7, 2011, Parks & Recreation Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Receive the Minutes of the March 7, 2011, Parks & Recreation Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated that she wanted to provide the Commission with an update on the two text amendments from the last meeting, one was for the Hyde Park zoning district and the other one was the TOD Overlay. The Hyde Park text amendment was approved by the Council and the TOD text amendment will go before the City Council on April 25, 2011 for the first reading. Ms. Stromberg stated the next meeting is set for May 18, 2011. We have one special use permit. ADJOURN MOTION by Commissioner Oquist adjourning the meeting. Seconded by Commissioner Dunham. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:27 P.M. Respectfully submitted, �.���'�'' `��'�-' Denise M. Johnson Recording Secretary 7 CITY OF FRIDLEY SIGN-IN SHEET � PLANNING COMMISSION MEETING �� �I �! Name ,r , , Address/Business `� 5T �[��. ��z��