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PL 11/16/2011 - 30027FLANNING COMMISSION MEETING November 16, 2011 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: David Kondrick, Jack Velin, Brad Sielaff, Tim Solberg, Leroy Oquist, and Brad Dunham MEMBERS ABSENT: Dean Saba OTHERS PRESENT: Stacy Stromberg, Planner Ted Woodard, SignArt Co. Jim Walston, Lindquist & Vennum Approval of Minutes: September 21, 2011 MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Resolution for a Special Use Permit, SP #11-03, by SignArt Co. Inc., to allow the installation of an electronic changeable message sign on the existing free-standing sign, generally located at 7600 University Avenue. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Ms. Stromberg stated the petitioner, Ted Woodard, of SignArt Co., Inc., who is representing Erickson �il Products Inc., owner of the Freedom Service Station at 7600 University Avenue, is requesting a special use permit to allow an electronic gas pricing sign and an electronic reader board to replace the manual existing gas pricing and reader board on the existing pylon sign at the Freedom Gas Station which is located at 7600 University Avenue. Ms. Stromberg stated a 76 square foot free-standing sign already exists on the subject property. The petitioner is planning to install a completety new sign, with a new "Freedom" panel and repiace the existing manual gas pricing sign and manual reader board sign, with new electronic LED signs, The new sign is proposed to be 73 square feet. Ms. Stromberg stated the subject property is located on the southwest corner of Osborne Road and University Avenue. The property is zoned C-2, General Business. In 1968 a service station and store were constructed on the property. A pylon sign was constructed for this business in 1978. Planning Commission Meeting November 16, 2011 Page 2 Ms. Stromberg stated modern code standards require a special use permit for motor vehicle fuel and oil dispensing services in the G2, General Business zoning district. When the site was redeveloped in 1995, staff determined it was necessary to go through the special use permit process to ensure code compliance. Therefore, a special use permit was issued in 1995 to allow an automobile service station, a convenience store and a car wash. A variance was also granted to reduce the hard surface setback from a street right- of-way from 20 feet to 5 feet to allow the construction of a new convenience store and gas station. As a result of these land use actions, the original service station was demolished; and the new station was constructed in 1995. A new free-standing sign was also constructed in 1995; and there have been several changes and modifications to the sign since it was constructed. Ms. Stromberg stated electronic changeable signs are an approved special use in any zoning district, except residential, provided the message does not change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district, in which the property is located. The subject property is zoned, C-2 General Business, which requires that free standing signage cannot exceed 80 square feet in size. The existing sign meets that size requirement as will the new sign. The total sign area of the new sign will be 73 square feet with the new electronic piece of the sign being approximately 38 square feet. Ms. Stromberg stated City staff has not heard from any neighboring property owners. Ms. Stromberg stated City Staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements, subject to stipulations. Ms. Stromberg stated City Staff recommends that if the special use permit is granted, the following stiputations be attached: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Chairperson Kondrick asked how often can the sign change? Ms. Stromberg replied, once every 45 seconds. Chairperson Kondrick asked the petitioner if he had any questions? Ted Woodard, SignArt Co., replied, not at all. Chairperson Kondrick asked whether he had any problems with the stipulations? Mr, Woodard replied, not at all. He understands the regulations as far as the time between changes. He wished it was a little shorter, but 45 seconds is acceptable. Chairperson Kondrick asked whether he preferred a shorter time than 45 seconds? 2 Planning Commission Meeting November 16, 2011 Page 3 Mr. Woodard replied, for example, he has seen anywhere for 8 seconds up to hours. They can live with 45 seconds. Commission Dunham asked what does he see normally? Mr. Woodard replied, 8 seconds is pretty common. In Wisconsin and Minnesota state regulates it at 2 seconds. In congested areas if they want to slow that down is reasonable. Commissioner Sielaff asked is the part below where the gas prices are shown is where the sign would change most frequently? Mr. Woodard replied, correct. Chairperson Kondrick asked Mr. Woodard when do they expect to begin construction of the sign? Mr. Woodard replied, as soon as the sign permit is issued. MOTION by Commissioner Velin to ctose the public hearing. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:12 P.M. Chairperson Kondrick stated he has no problem with this. Commissioner Oquist stated they have approved these before and most of the gas stations are changing over to L.E.D. and they look better. MOTION by Commissioner Oquist to approve Special Use Permit, SP #1 1-03, by SignArt Co. Inc., to allow the installation of an electronic changeable message sign on the existing free-standing sign, generally located at 7600 University Avenue with the following stipulations: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridiey City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING Consideration of Plat, PS #11-01, by Lindquist and Vennum PLLP, for BAC Home Loan Servicing, LP, to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, Anolta Planning Commission Meeting November 16, 2011 Page 4 County, Minnesota, to create Lots 1 and 2, Block 1, Sarah Addition, generaliy located at 100 and 110 Mississippi Place NE. MOTTON by Commissioner Solberg 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 7:13 P.M. Ms. Stromberg stated the petitioner, James Walston, on behalf of Lindquist & Vennum PLLP, who is representing the property owner, Bank of America, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, to create Lots 1 and 2, Block 1, Sarah Addition. Essentially, this replat will change the property line from going west and east on these two parcels to north and south. Ms. Stromberg stated in 2007, the previous property owner, Bruce Westman, went though this preliminary plat process; however, the final plat was never filed. The property has since gone through foreclosure and the new owner, Bank of America, would like to proceed with getting the lot line changed through the platting process. Ms. Stromberg stated the subject properties are zoned R-3, Multi-Family. Prior to these properties being deveioped in 2002, the two parcels were part of the R-1, Single Family property to the south (I 11 64 %2 Way). They were always three separate parcels; however, they were encompassed with one single-family home and rear yard. Ms. Stromberg stated in 2002 the property owner of 111 64'/z Way, decided to sell 100-110 Mississippi Place. As a result, the twin home was constructed on the property, which faces and receives access off of Mississippi Place. At that time the property owner was told to combine Lots 2(100 Mississippi Place) and 3(110 Mississippi Place) of the Johnson's River Lane Addition, which separates the two lots by a west and east property line, to create 1 lot. Apparently that !ot combination was never filed; therefore, the petitioner is seeking the current replat request, to separate the lots with a north/south property line, which will then allow the property owner to sell the twin home units individually. Ms. Stromberg stated the petitioner is not proposing to change the current R-3, Multi-Family zoning. The R-3 section of City code states that "Lot requirements of this Section are for three (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations." Since this lot consists of a two-family building, the R-2 regulations apply. Ms. Stromberg stated Fridley City code requires that lots in the R-2 district be a minimum of 7S feet in width with a minimum total lot area of 10,000 square feet. The proposed Lots #1 and #2 will be 94.54 feet in width and 15,574 square feet in size after the replat. The minimum lot area requirement of 10,000 square feet for a two-family dwelling unit has been met on the proposed plat. Ms. Stromberg stated the existing twin home meets all setback and lot coverage requirements. However, the fence along the western and eastern property line is nonconforming as it is over the required 4 feet requirement in the front yard. Staff will stipulate that the fence be reduced to 4 feet in the front yard within 6 months of final plat approval. 4 Planning Commission Meeting November 16, 2011 Page 5 Ms. Stromberg stated City staff heard from two neighboring properties owners who were interested in what this replat entailed. Once further described to them, neither of them had any problems with the request. Ms. Stromberg stated City staff recommends approval of this plat request, with stipulations as it does provide additional homeownership opportunities. Ms. Stromberg stated City Staff recommends that if the plat is approved, the following stipulations be attached. 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of final plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Final ptat shall show right of access along CSAH 1(East River Road) to be dedicated to Anoka County along the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this property, at Anoka County, subject to City approval. Covenants shall define future maintenance expectations between property owners. 5. The petitioner shall pay Park Dedication Fees at a rate of $1,500 per lot. Ms. Stromberg stated those were the same stipulations that were on the plat when the City reviewed in 2007. Chairperson Kondrick asked how tall is the fence now? Ms. Stromberg replied, 6 or 7 feet. Chairperson Kondrick asked why the necessity for the 7 to 4 feet, is it for sight reasons when you are pulling out of Mississippi Place? Ms. Stromberg replied, the entire fence does not need to be reduced. Only the portion that is in front of the home. Everything behind the front of the home can stay at 7 feet, but anything in front of the home would need to go to 4 feet. It is what the Code requires, and it would be related to visibility when you are backing out of your driveway. Commissioner Oquist asked whether this fence does belong to this property, not the people to the north? Ms. Stromberg replied, yes, it does. Commissioner Oquist asked, what about the fence on the east? Along East River Road? Ms. Stromberg replied, both fences on the east and west belong to this property owner. Commissioner Dunham asked whether they are going to use a common driveway? Ms. Stromberg replied there is another curb cut around the green space with a tree stump that allows access to the other side of the home. �� Planning Commission Meeting November 16, 2011 Page 6 Chairperson Kondrick asked the petitioner if he had any questions or objections to the ideas and stipulations they are talking about this evening? Jim Walston, Lindquist & Vennum, replied, no questions. He has one comment regarding the covenants. He thinks they can talk between now and the Council meeting regarding addressing this access issue and, with the draft they submit to the City to review, perhaps a cross easement or something like that would address that because the intent would be the former lender, Bank of America, to sell these individually. He thinks for the benefit of future owners to make it clear that, yes, someone can drive over the easterly portion of the driveway to access the westerly garage and vice versa. He thinks that would just make a lot of sense. He reviewed the stipulations and conditions, has forwarded those to representatives of Bank of America, and they are in agreement with all of them. Commissioner Dunham asked could they not make two driveways out of it? Mr. Walston replied, he is really not that familiar with the site, and he sees a big 4, 5-foot wide stump and he is not sure what would become of that. They will probabty have to look at that. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:26 P.M. Chairperson Kondrick stated it seems pretty clear cut to him. He has driven by it many times. MOTION by Commissioner Sielaff approving Plat, PS #11-01, by Lindquist and Vennum PLLP, for BAC Home Loan Servicing, LP, to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, Anoka County, Minnesota, to create Lots 1 and 2, Block 1, Sarah Addition, generally located at 100 and 110 Mississippi Place NE with the following stipulations: 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property within 6 months of final plat approval. 2. The line separating the two lots shall align with the party wall of the twin home. 3. Final plat shall show right of access along CSAH 1(East River Road) to be dedicated to Anoka County along the entire length of the property. 4. The petitioner shall submit covenants for filing with the County records for this properly, at Anoka County, subject to City approval. Covenants shall define future maintenance expectations between property owners. 5. The petitioner shall pay Park Dedication Fees at a rate of $1,500 per lot. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MO�'ION CARRIED UNANIMOUSLY 3. Receive the Minutes of the September 5, 2011, Housing and Redevelopment Authority Commission Meeting. 0 Planning Commission Meeting November 16, 2011 Page 7 MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the October 6, 2011, Housing and Redevelopment Aathority Commission Meeting. MOTION by Commissioner Solberg to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the Minutes of the August 1, 2011, Parks & Recreation Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Receive the Minutes of the September 12, 2011, Parks & Recreation Commission Meeting. MOTION by Commissioner Solberg to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOU5LY. 7. Receive the Minutes of the October 3, 2011, Parks & Recreation Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOU5LY. 8. Receive the Minutes of the September 13, 2011, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Receive the Minutes of the October 5, 2011, Appeals Commission MeeNng. MOTION by Commissioner Sielaffto receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7 Planning Commission Meeting November 16, 2011 Page 8 OTHER BUSINESS: Ms. Stromberg stated that the Special Use Permit for Schmidt Osborne at 7580 Commerce Lane was approved by the City Council. ADJOURN MOTION by Commissioner Sielaff adjourning the meeting. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:30 P.M. Respectfully submitted, . �• � Denise M. Johnson Recording Secretary 8 CITY OF FRIDLEY SIGN-IN SHEET PLANNlNG COMMISSION MEETING Il--!(�--l1 Name Address/Business �� _ i�?�(��_ �D �� K� �, G � �- � � , � �r �� , � �� l v+ s�/o Z I e� C�ov��-� ��f �.� C.L�: �^e LJ� � -