PL 08/15/2012 - 31342PLANNING COMMISSION MEETING
WEDNESDAY, AUGUST 15, 2012
CALL TO ORDER:
ROLL CALL:
MEMBERS PRESENT: David Kondrick, Jack Velin, Brad Sielaff, Leroy Oquist
MEMBERS ABSENT: Tim Solberg, Dean Saba, Brad Dunham
OTHERS: Stacy Stromberg, Planner
Rod Kraus, International Paper, 350 Northco Drive, Fridley
Joe Kellner, Minnesota Commercial Railway
Bill Fogerty
Brian Krystofiak, Carlson MaCain
JoAnn Wright, ACCAP
Jeff Johnson, Johnson Housing Services
APPROVE OF MINUTES: June 20, 2012
MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner
Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
1. PUBLIC HEARING
Consideration of a Public Hearing for a rezoning, ZOA #12-01, by MDW Equity LLC, to rezone the
property at 6101 University Avenue (Citgo), from C-3, General Shopping to C-2 General Business.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:15 P.M.
Stacy Stromberg, Planner, said that MDW Equity LLC, owner of 6101 University Avenue NE, Fridley,
MN is requesting to rezone their property from G3, General Shopping to G2, General Business.
Rezoning this property will allow the owner to redevelop the site by constructing a building large enough
to allow for successful economic utilization.
Ms. Stromberg said that the current zoning of G3, General Shopping imposes several requirements that
make redevelopment of the site difficult. The minimum lot size required for a G3 district property is
35,000 sq. ft., whereas the minimum lot size required for a G2 district is 20,000 sq. ft. The property has a
lot size of 24,931 sq. ft., making it more suitable for G2 zoning than its current non-conforming zoning
of G3. The current building also does not meet G3 setback regulations; therefore future site users would
be required to either use the existing building in its non-conforming state or a rezone the property to allow
for any new structure.
Planning Commission Meeting of August 15, 2012 Page 2
Ms. Stromberg said that the properiy at 6101 University Avenue was zoned G3, General Shopping at
the time of its original development in 1960. The use of the property as a gas station was a permitted use
at the time of development; however current code would require a special use permit for a gas station in a
G3 zone. Therefore the property is considered legal, non-conforming. The site has consistently been used
as a gas station site since 1960, changing owners several times throughout its history.
Ms. Stromberg noted that in the early 1970's, the owner, Shell Oil, agreed to an easement with the City
of Fridley along with the adjacent property owned by the Church of St. William authorizing the exchange
of property for Trunk Highway #47 East Service Road detachment on the north side of 61St Avenue. In
1985, the city issued a building permit to Q Petroleum Corporation to construct a 40' x 50' canopy over a
new island layout. In 2000, the Minnesota Pollution Control Agency determined that an investigation
and/or cleanup had adequately addressed a petroleum tank release at the site and that the site did not
appear to be a threat to public health or the environment.
Ms. Stromberg said that in 2012, further investigation of the site completed by Liesch Associates, Inc.,
and requested by the city as part of research for new TOD development in the area, revealed no evidence
of remaining soil contaminants near the underground storage tanks or former dispensers. The project
manager also stated that this site was one of the cleanest gas station sites he had ever investigated.
Ms. Stromberg said that in 2002, the Church of St. William applied for a rezoning of its property at 6120
St'' Street from G3, General Shopping to R-3, Multi-Family Residential. Those parcels, as well as Moon
Plaza had originally been part of the same zoning district (C-3) as 6101 University Avenue until they
were separated by the Trunk Highway #47 East Service Road detachment in the 1970's. This action
caused the 6101 University Ave parcel to be isolated from the rest of the zoning district; and therefore
was not included in the rezoning that occurred around the property in 2002. The area was further altered
by restrictions placed by MnDOT that limited access to the commercial area which ultimately changed
the potential for future use and development in this quadrant of 61St Avenue and University Avenue.
Ms. Stromberg noted that the petitioner is seeking to rezone their property at 6101 University Avenue
NE from G3, General Shopping to G2, General Business. Several unsuccessful attempts have been made
by the property owner to lease the property as originally built as a gas station/service station. Due to the
location and size of the site, it is practical to rezone the property for other retail type use that would be
permitted in a G2 zone. There are several of these turn-back type parcels within the City, which are those
lots along major corridors; that have roadway all around them. All of these turn-back parcels within the
City are now zoned G2, General Business. The small lot sizes of these parcels tend to fit better with the
G2 standards because lot size, setbacks and other performance standards are more attainable. Therefore,
a rezoning of this properiy is consistent with the trends already seen along the major corridors of Hwy 65
and University Avenue within Fridley.
Ms. Stromberg said that the zoning changes of St. William's property that occurred in 20021eft the 6101
University Avenue NE property to remain G3, General shopping because of its separation by the service
road. The properiy is the only G3 site in the vicinity and was left without sufficient land area to support
typical C-3 development. This site currently lies within the Transit-Oriented Development (TOD) overlay
district; and therefore, any new development will need to go through the TOD master plan process which
requires Planning Commission review and City Council approval.
Planning Commission Meeting of August 15, 2012 Page 3
Ms. Stromberg said that the City's zoning ordinance and official zoning map are the mechanisms that
help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority
to "rezone" property from one designated use to another, so long as the zoning is in conformance with the
Comprehensive Plan. The Comprehensive Plan's 2030 future land use map designates this area as
"Redevelopment" within the North Star TOD.
Ms. Stromberg stated that the petitioner has indicated that there a couple of interested developers whom
have shown interest in the site for redevelopment and construction of a new building. These inquiries are
contingent upon a rezoning that would allow these future developments/uses rather than the current
zoning which would allow no changes to the existing site because of its non-conforming status.
Ms. Stromberg said that city staff recommends approval of this rezoning request. The proposed
rezoning will allow the owner to economically utilize the site in a way that better suits its location, size
and shape.
Commissioner Oquist asked ifthe parcel was rezoned, could a service station be there.
Ms. Stromberg said that a station could still be there. This zoning request would expand the
opportunities of other retail uses on the parcel.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:25 P.M.
MOTION by Commissioner Sielaff to approve the Consideration of a rezoning, ZOA # 12-01, by MDW
Equity LLC, to rezone the property at 6101 University Avenue (Citgo), from C-3, General Shopping to C-
2 General Business. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
2. PUBLIC HEARING
Consideration of a Resolution for a Transit Oriented Development Master Plan (TOD), TOD # 12-01, by
Anoka County Community Action Program Inc. (ACCAP), to allow the construction for a new three story
multi-family building at 6000 and 6008 2"d Street.
MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner Oquist.
UPON VOICE VOTE, ALL VOTING AYE, COMMISSIONER KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:04 P.M.
Stacy Stromberg, Planner, said that Jeff Johnson of Johnson Housing Services, LLC, who is representing
the Anoka County Community Action Program (ACCAP) is requesting a Transit Orientated (TOD)
Master Plan Amendment for the properties at 6000 and 6008 2"d Street to allow for the construction of a
13 unit multi-family housing development.
Planning Commission Meeting of August 15, 2012
Page 4
Ms. Stromberg said that the petitioner is also requesting to have the un-improved and un-used alley in-
between Main Street and 2"d Street, that is bordered by 60t'' Avenue and 61St Avenue vacated to allow
additional land area for the proposed development.
Ms. Stromberg stated that the subject property is zoned S-1, Hyde Park Neighborhood and is located on
the corner of 60t'' Avenue and 2"d Street. The lot was platted in 1886 and the existing 4-plex was
constructed in 1961. ACCAP has owned the property since 1994 and the vacant parcel at 6000 2"d Street
is owned by the Housing and Redevelopment Authority (HRA). The parcel at 6000 2"d Street is not
buildable on its own, but through combination with the ACCAP property, the proposed project could add,
according to the petitioner, approximately $2 Million in new value to the neighborhood. In May of this
year, the HRA was able to review the proposed project and finds that the new multi-family residential
units, promotes the Authority's mission. As a result, they agreed to sell the land to ACCAP through a
resolution. Closing on the property is dependent upon the City's Council approval of the land use actions
discussed in this report.
Ms. Stromberg stated that the petitioner, Jeff Johsnon, on behalf of ACCAP, is proposing to redevelop
the properties at 6000 and 6008 2"d Street to allow the construction of a 3-story, 13 unit multi-family
apartment building. The proposal includes 12 rental units, where the target market will be 100%
affordable with rents at less than 50% of the area median income adjusted for family size. According to
the petitioner, it is expected that most of the residents will come from Anoka County, primarily the
Fridley area. The siding on the new building will consist of brick, cement, board siding and cement
stucco board or EFFIS, in a varied horizontal and vertical variation. Landscaping will consist of a series
of rain gardens planted with birch trees and other native Minnesota plants suitable for rain gardens. There
will be other tree and shrub plantings throughout the site. A 5 ft. sidewalk will be installed along both 2nd
Street and 60t'' Avenue, and an approximate 1,000 sq. ft. play area will also be constructed for the children
that live within the complex. The building will have an office, inside storage and community room. The
building will also have an elevator and be handicapped assessable with one unit fully adapted. The
building will consist ofthree 3-bedroom units, six 2-bedroom units, three 1- bedroom units, plus a
resident manager unit. A concrete block trash enclosure with a gate will be constructed on southwest side
of the site and a recycling room will exist inside the building. Fourteen parking stalls will be provided,
with ten of the fourteen covered by a concrete and steel parking port. ACCAP uses resident parking
permits to maximize the utilization of the parking spots.
Ms. Stromberg said that the Planning Commission and City Council will recall that in 2011, the Transit
Oriented Development (TOD) Overlay District was approved. The S-1, Hyde Park Neighborhood, which
is what the property is zoned, is within the TOD Overlay District. See map to the right, for the TOD
district boundaries. The purpose for the adoption of the TOD Overlay is to:
A. Implement code requirements that will encourage dense, mixed use, pedestrian-friendly
development within a one-half mile of the Northstar Commuter Rail Station in Fridley.
B. Create multi-modal connections to the Fridley Northstar Commuter Rail Station that allow for
safe access to the station no matter what means of transportation someone uses.
C. Create a neighborhood identity with the Northstar Station that promotes the use of mass transit,
human interactions, safety and livability.
D. Reduce automobile dependency by locating a variety of land uses within a half mile of the train
station.
E. Provide life cycle housing for people of different income levels and housing space needs within
one half mile of the train station.
Ms. Stromberg stated that the proposed development is the City's first TOD Overlay Master Plan request
that aims to achieve the desires the City set forth when creating this district. As a result, the project needs
Planning Commission Meeting of August 15, 2012 Page 5
to comply with the TOD standards that were designed to enhance the pedestrian scale and safety of any
particular development. The TOD Overlay allows for flexibility when designing a redevelopment project;
that encourages dense, mixed use, pedestrian-friendly developments. It was also created to minimize the
use of the automobile by allowing reduction in parking requirements, if certain conditions can be met and
the construction of sidewalks.
Ms. Stromberg stated that the petitioner is proposing to remove the existing 50 year old 4-plex building
and construct a new 13 unit multi-family apartment building. The TOD Overlay district doesn't have a
specific lot area requirement; however, increasing the amount of units on this parcel will accomplish the
flexibility the City was hoping to achieve with the TOD Overlay regulations. This is also acceptable if all
other code requirements, such as parking, landscaping, sidewalk installation, and storm water treatment
requirements are satisfied. The petitioner is very interested in designing their project to TOD standards as
the criteria will enhance the development, through use of high quality building materials and design, as
well as enhance the site through installation of sidewalks which will provide better access to public
transportation such as the Northstar Commuter Rail and the Metro Transit bus system.
Ms. Stromberg stated that the petitioner has designed a good project that will achieve what the City was
hoping for with a TOD development. It provides a new, modern building, which brings new investment
into the Hyde Park Neighborhood, with sidewalks that gives a more urban feel. Staff is pleased to see an
on-site play area included in the design as this housing will be serving families with children. The design
standards that staff doesn't have answers on yet; will be covered with stipulations placed on the TOD
Master Plan. The petitioner has been made aware of them and intends to comply.
Ms. Stromberg stated that the petitioner is also seeking to vacate the existing un-improved and un-used
alley in-between Main Street and 2"d Street, which is bordered by 60t'' Avenue and 61St Avenue. It is a 12
ft. alley that if vacated, 6 ft. will be transferred to each abutting property owner. Though ACCAP could
construct the proposed housing project without the additional 6 ft., it seemed appropriate to consider the
alley vacation at this time, since it will give the project additional land area and no one within the block
uses the alley to gain access to and from their property. It appears that in some cases, people are already
using the alley for their own purposes with placement of fences and sheds within the alley. City staff
asked the petitioner to contact all of the properiy owners along the alley to obtain signatures for approval
of the vacation. At this point, they have received signatures from 7 of the 15 property owners. City staff
has spoken with the property owner at 6007 Main Street and they have confirmed that they would
approve of the alley vacation, however, a signature hasn't been received as of yet. To date, there haven't
been any negative responses from any property owners to the vacation request; so as a result, staff felt
comfortable bringing the request forward to the Planning Commission and City Council.
Ms. Stromberg said that it should be noted that there are several un-improved alleys throughout the City
that are not being used for access to a garage. City staff has asked the Commission and Council through
the CounciUCommission Survey if there would be interest in staff initiating a city-wide vacation of these
alleys and have received direction that we should handle them on a case by case basis, which is what we
are doing with this request.
Ms. Stromberg said that ACCAP held a neighborhood meeting on Apri14, 2012, to present the proposed
project to neighbors. Seven people representing five households plus Mayor Lund attended the meeting.
According to the petitioner:
• One resident said he was not opposed to our proposal.
Planning Commission Meeting of August 15, 2012
Page 6
• Two resident's primary objection was rental housing and any expansion of rental housing or a
rental building and past promises they thought the City made to them. Mayor Lund spent a
good deal of time talking to them.
• The neighbors across 2"d Street, were opposed to the size of the structure plus pretty much
everything else. They along with another couple made a few constructive comments. They
would prefer a building that spanned the property north and south such that there was no
access onto 2nd Street. The only access would be off 60th Avenue. And they don't want the
trash enclosure across the street from them. They want it in the back of our property or on
60th Avenue.
• In summary, it was a constructive meeting with the neighbors making the suggestion of
reoriented the building, reducing the access road to one entry/exit and moving the trash
enclosure. ACCAP made all these changes on a revised site plan, and we have a better project
as a result.
Ms. Stromberg said that City Staff recommends approval of the TOD Master Plan Amendment, with
stipulations.
• Meets the criteria set forth in the TOD Overlay District.
• Proposed use meets the goals highlighted in the 2030 Comprehensive Plan.
• Provides additional affordable housing.
City Staff recommends approval of the Vacation request, with stipulations.
• Un-improved alley that is not used for access is of no benefit to the City and can be
better utilized by the neighboring property owners.
TOD MASTER PLAN, TOD #12-01 STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan by bvt Architect
dated July 31, 2012.
2. The property shall be developed in accordance with the architectural elevations by bvt Architect,
dated July 27, 2012.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the proposed monument sign meets vision safety regulations and
shall obtain a separate sign permit prior to installation.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
7. The petitioner shall receive Mississippi Watershed Management Organization approvals prior to
issuance of a building permit.
8. City engineering staff to review and approve grading, drainage and utility plans prior to issuance
of building permits.
9. Property owner at time of building permit application, to pay all water and sewer connection fees
prior to issuance of a building permit.
10. The petitioner shall combine the parcels at 6000 2"d Street and 6008 2"d Street for tax purposes
and to allow the proposed development to occur over both lots.
1 L Irrigation shall be installed in all landscaped areas and a plan shall be submitted prior to issuance
of a building permit.
12. All lighting in the development shall be shielded and downcast. Lighting shall be provided either
on the exterior of the building or through free-standing lighting to adequately illuminate the
sidewalk.
13. Privacy fence proposed along the west and northern property lines shall be reviewed and
approved by City staff prior to issuance of the building permit.
Planning Commission Meeting of August 15, 2012
Page 7
14. Car port elevation and dumpster enclosure elevation shall be reviewed and approved by City staff
prior to issuance of a building permit.
VACATION, SAV #12-01 STIPULATIONS
1. The petitioner shall dedicate the 12 ft. vacated alley for utility purposes through an easement.
Easement document to be filed by the petitioner at Anoka County and the City shall receive a
copy of the filed document prior to issuance of a building permit.
Commissioner Sielaff asked if a separate approval would be needed if the two lots were combined.
Ms. Stromberg answered that a simple form would be filed out with the City Assessor; it would not need
approval by City Council.
Commissioner Sielaff asked why the petitioner needed the Mississippi Watershed approval.
Ms. Stromberg replied that this is required for a multi-family housing project.
Chairperson Kondrick asked if it was a requirement that an easement for the vacation be filed by this
party for the entire alley.
Ms. Stromberg answered yes.
Chairperson Kondrick asked if Mr. Johnson was in agreement with the stipulations.
Jeff Johnson, ACCAP, answered yes; working with the City has been great. He was surprised that the
TOD was passed as it was something they wanted to work with. The neighborhood feedback made the
plans better; it was positive feedback.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:28 P.M.
MOTION by Commissioner Oquist to approve the commendation to approve the consideration of a
Resolution for a Transit Oriented Development Master Plan (TOD), TOD #12-01, by Anoka County
Community Action Program Inc. (ACCAP), to allow the construction for a new three story multi-family
building at 6000 and 6008 2"d Street. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
3. PUBLIC HEARING
Consideration of a Resolution for a Vacation, SAV # 12-01, by Anoka County Community Action
Program Inc. (ACCAP), to vacate the un-improved and un-used alley in-between Main Street and 2nd
Street and bordered by 60t'' Avenue and 61St Avenue.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:06 P.M.
Planning Commission Meeting of August 15, 2012
This item was presented in combination with Public Hearing 2.
Page 8
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:29 P.M.
MOTION by Commissioner Oquist to approve the consideration of a Resolution for a Vacation, SAV
#12-01, by Anoka County Community Action Program Inc. (ACCAP), to vacate the un-improved and un-
used alley in-between Main Street and 2"d Street and bordered by 60t'' Avenue and 61St Avenue. Seconded
by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
4. PUBLIC HEARING
Consideration of a Resolution for a Special Use Permit, SP # 12-04, by Brian Krystofiak, of Carlson
McCain, who is representing William Fogerty, the owner of Columbia Arena, to convert the existing
building into an independent senior living facility, generally located at 7011 University Avenue.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:31 P.M.
Stacy Stromberg, Planner, said that Brian Krystofiak, of Carlson McCain, who is representing William
Fogerty, the owner of the Columbia Arena property at 7011 University Avenue, is requesting a special
use permit to convert the existing building into an independent living senior living facility with ala carte
services. The petitioner is also seeking a plat to subdivide the existing large lot into three separate lots to
allow for potential additional development opportunities on this site.
Ms. Stromberg stated that the subject property is located on the east side of the University Avenue
Service Drive, south of 73rd Avenue. Columbia Arena was originally constructed in 1968. In 1974, a
variance was granted to reduce the rear yard setback from 25 ft. to 13 ft. to allow the construction of an
addition to the building that would allow for an additional sheet of ice. As a result of the variance
approval, the addition was constructed in 1975. Several interior modifications have been made to the
building over the years.
Ms. Stromberg stated that before the arena was constructed in 1968, the subject property was zoned M-2,
Heavy Industrial. When Anoka County purchased the property and constructed the ice arena in 1968, the
property converted to a P, Public Facilities zoning. In 2005, Anoka County sold the property to the
Minnesota Youth Sports Association (MYSA). In 2007, MYSA made a development deal with Kraus
Anderson on the Columbia Arena property. Krause Anderson in turn sold the arena to a private investor
named William Fogerty. Prior to the sale, the MYSA representative asked the City what they saw as
future development potential for the site. Staff explained that the site is zoned P, Public Facilities and that
zoning will remain as long as the land is publicly owned. Once sold to a private entity, the zoning would
Planning Commission Meeting of August 15, 2012 Page 9
revert back to its pre-public status. When the properiy was sold to a private entity, the properiy reverted to
its M-2, Heavy Industrial zoning.
Ms. Stromberg said that in 2009, the subject property was granted a rezoning from M-2, Heavy
Industrial to R-3, Multi-Family. A preliminary plat, a special use permit for a senior living facility and a
special use permit for a medical clinic were also approved at the same time. The development didn't end
up coming to fruition, however, the rezoning to R-3, Multi-Family still stands.
Ms. Stromberg stated that in 2010, Carlson Professional Services (same, as the e�sting petitioner)
received City Council approval for a special use permit to convert the existing buildings into an 84 unit
senior living project, which included independent, assisted and memory care units. At that same time, a
variance was also granted to recognize the rear yard setback of the existing east building from 15 ft. to 12
ft.
Ms. Stromberg stated that the e�sting Columbia Arena building is proposed to be converted into 116
unit independent senior living building. Phase I of the project will be the conversion of the front (west)
building and will consist of appro�mately 60 units. Phase II, which is the back (east) building will
consist of approximately 56 units. Support services, such as medical assistance, transportation,
housekeeping, salon and fitness will be provided to the tenants on an as-need basis. The exterior of the
building will be completely remodeled with the construction of a third-story addition on both buildings
and the installation of several new windows. The back building will be taken down to the existing
foundation to add a third story, which will allow more flexibility for more modern architecture.
Additional elevations of the building are attached in your packet.
Ms. Stromberg said that site improvements will include the removal of the unused existing parking lots
along the north and south sides of the property (which will become Lots 1 and 3). The parking lot and
drive aisles for the new development will be completely redone. A new circular drive with be constructed
to the new main entrance of the building on the southeast. A detached garage will be constructed on the
northeast side of the e�sting lot that will have 59 parking stalls and then there will be 90 surface parking
stalls. New landscaping will also be installed as well as the installation of several storm water filtration
basins.
Ms. Stromberg noted that City Code allows independent living, assisted living, and nursing homes as a
permitted special use in an R-3, Multi-Family zoning district, provided that code requirements related to
building, site requirements and parking are met. The petitioner is proposing to convert the existing
Columbia Arena into a 116 unit senior living project. All 116 units are proposed to be independent living
units that will have ala carte services available if the tenants need or want them.
Ms. Stromberg stated that City Code requires 116 parking stalls for the proposed project based on
parking ratios used for independent living facilities. It also requires that half of those stalls be covered.
The petitioner is providing 217 total parking stalls, with 59 enclosed garage stalls, 68 enclosed in the first
floor of the back building and 90 surface parking stalls, therefore; exceeding parking code requirements.
Ms. Stromberg said that this proposed project will be 3-stories and the R-3, Multi-Family zoning
regulations require 2,500 square feet per unit when the building is 3-stories in height. Therefore, 290,000
feet is the required lot size. The pre-plat lot size is 307,783 sq. ft., therefore, meeting the lot area code
requirement.
Planning Commission Meeting of August 15, 2012 Page 10
Ms. Stromberg noted that currently the existing lot lines for the subject property extend beyond the
University Avenue Service Road and 71St Avenue. Therefore, those roadways are on the petitioner's
property through road easements. Once the proposed plat is filed, both the University Avenue Service
Drive and 71St Avenue will be dedicated to the City. As a result of the right-of —way dedication, the
petitioner will lose appro�mately 132,375 sq. ft. (3 acres) of land area. Staff determined that it is
appropriate to use the pre-plat lot square footage for the development on Lot #2 due to the amount of land
that will be dedicated for road purposes; however the future developments on Lots # 1 and #3 will need to
meet code requirements based on their new lot sizes.
Ms. Stromberg said that City code requires that buildings within the R-3, Multi-Family zoning district
not exceed 65 ft. in height, when measured from grade to the mid-span of the roo£ The height of the
arena is 43 ft. and the height of the back building with the 4-story addition 53 ft. 4 in., therefore
complying with code requirement.
Ms. Stromberg said that the proposed project is in-compliance with all setbacks requirements. The R-3,
Multi-Family zoning regulations require 30% lot coverage for main and accessory buildings. Lot
coverage will be met based on the lot size prior to the road dedication.
Ms. Stromberg said that Carlson McCain is also seeking to replat the property located at 7011 University
Avenue to create three separate lots. The proposed replat will consist of three lots; Lot # 1, Lot #2, and
Lot #3, Block 1, addition yet to be named. As stated above, as part of the platting process, the petitioner
will be dedicating the existing University Avenue Service Drive and 71St Avenue to the City for roadway
purposes. Even after the roadway dedication, each parcel will meet the minimum lot size required for the
R-3, Multi-Family zoning district.
Ms. Stromberg stated that through the platting process, the petitioner is asking to have the existing 30 ft.
ingress/egress easement on the east side of the property to the fire training facility vacated and
rededicated in a different location. The petitioner has met with the fire department and they have agreed
to the proposed new location for the ingress/egress easement, as it will meet the needs for both the fire
training facility and the petitioner's project.
Ms. Stromberg said that lastly, there is an Anoka County trail that runs within the proposed Lot #3. At
which time Lot #3 is developed; the petitioner is proposing to move the trail closer to the southern
properiy line and the existing park. Until then the trail will remain where it is and the petitioner plans to
retain a portion of the existing parking lot to allow parking for park users. Through this platting process a
trail easement will need to be filed at Anoka County as will a perpetual parking easement for the park.
This is something the petitioner is agreeable to and will be used in lieu of a parking dedication fee.
Ms. Stromberg stated that City Staff recommends approval of the special use permit request and plat
request, with stipulations.
■ Independent Living is a permitted special use in the R-3, Multi-Family zoning district.
■ Plat meets minimum standards for the R-3, Multi-Family zoning district.
SPECIAL USE PERMIT, SP #12-04 — STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan A1.1, dated 8-15-
12.
2. The building elevations shall be constructed in accordance with the architectural plan A3.1,
Building Elevations, dated 8-15-12.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
Planning Commission Meeting of August 15, 2012
Page 11
5. The petitioner shall obtain a permit from the City and/or State for any work done within the right-
of-way.
6. The petitioner shall comply with all sign code requirements for any existing signs that remain and
installation of new signage on the property.
7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
8. Screening through landscaping shall occur along the eastern property line. Proposed screening
shall be shown on landscape plan and be reviewed and approved by City staff prior to issuance of
a building permit.
9. If the proposed development is modified to be used for units other than independent living, a new
special use permit will be required.
10. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one
year after the City Council approval date if work has not commenced or if the petitioner has not
petitioned the City Council for an extension.
11. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a
building permit.
12. City engineering staff to review and approve site layout, utility, grading and drainage plan prior
to issuance of building permits.
13. The petitioner shall identify storm water management area on site and shall provide necessary
easements.
14. Storm water management maintenance agreement shall be filed with the County and the City
shall receive a copy of the filed document prior to issuance of building permits.
15. Property owner of record at time of building permit application, to pay all water and sewer
connection fees prior to issuance of a building permit.
16. A Development Agreement outlining the Developer's obligation to install and loop utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to final plat approval.
PLAT, PS #12-01— STIPULATIONS
1. University Avenue Service Drive and 71St Avenue shall be dedicated as public right-of-way on
final plat.
2. A 5 ft. sidewalk shall be installed along the University Avenue Service Drive and 71St Avenue to
meet the specifications of the City engineering department at time of site improvements for Lot
#2.
An easement to provide perpetual access to the fire training facility has been discussed, and
agreed to, but has not been shown on preliminary plat. An easement description and easement
document must be prepared, approved by the City's Fire Chief and made ready for final
signatures for filing, prior to approval of the final plat.
An easement to provide perpetual shared parking between Lot #3 and Locke Park to the south
shall be prepared, approved by the City Parks and Recreation Director and made ready for
signature and filing, prior to final plat approval.
An easement for the Anoka County Trail shall be prepared, approved by the City's Park and
Recreation Director and made ready for signature for filing, prior to approval of final plat.
Anoka County Trail shall remain until which time Lot #3 is developed. When Lot #3 is
developed, the Anoka County Trail shall be moved to the southern edge of Lot #3, according to
Anoka County standards at the property owner's expense.
The relocation of the Anoka County trail and the filing of trail and parking easements, will
eliminate the developer's need to contribute park dedication for this plat.
Commissioner Oquist noted that this project is called independent living with no memory care or
assisted living.
Planning Commission Meeting of August 15, 2012
Page 12
Ms. Stromberg said that it is for independent living with services. If a resident needed services they
could be made available. It might be beneficial to modify stipulation #9 to add assisted living, so the
petitioner doesn't have to come back to the City for review of the special use permit.
Commissioner Oquist agreed.
MOTION by Commissioner Sielaff to receive into record a letter from MN Commercial Railway
Company, Mr. Wayne Hall, dated August 14, 2012. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
William Fogerty, Owner of Columbia Arena, said he understood the stipulations. The legalities and code
should call this independent living and assisted living. If residents needed total services they would be
available. Offering independent living makes this more affordable for those who do not need other
services. The number of rooms could go from 114 to 124 max inside. The entire building in the back will
be taken down to the footings and this was changed for security purposes; also garages would be added.
This has been a huge undertaking and has been in process for three to four years.
Commissioner Sielaff said that he was not clear on the level of service provided for assisted living.
Mr. Fogerty said that they could have all meals included, transportation, and registered nurse on staff.
Assistance would be available to those who may not need it today but in the future.
Commissioner Oquist asked if there would be a cafeteria.
Mr. Fogerty answered yes and every unit will have their own kitchen.
Commissioner Velin asked if there was an age requirement.
Mr. Fogerty answered 55 or older. The volume of space allows opportunities for amenities and
opportunities like a cinema.
Commissioner Sielaff asked at what point would a resident have to leave the facility.
Mr. Fogerty answered when assisted living isn't enough and they would need 24 hour care or memory
care in a confined environment. Someone may come in at 55 or 65 and not need services but eventually
need meals, maintenance, housekeeping and laundry. The pricing is economically set up so it will be cost
effective.
Commissioner Sielaff asked if Mr. Fogerty was aware of the letter received from MN Commercial
Railroad.
Mr. Fogerty answered that yes, he is aware of the letter and he would be building within code
requirements and did not think that noise would affect the building that much.
Commissioner Oquist said that he may want to consider this in construction as far as windows etc.
Mr. Fogerty said that they are putting in good windows.
Planning Commission Meeting of August 15, 2012
Page 13
Joe Keller, Director of Marketing MN Railway, said that their business does operate 5-7 days a week and
that they are out at any time of the day or night. They use whistles and bells, use diesel fuel and residents
would hear cars coupling and uncoupling which may wake someone. They do not oppose this
construction but just wanted them to be aware of the noise in that area.
Commissioner Sielaff asked if anything could be done regarding construction with maybe landscaping
with trees or something to buffer the noise.
Mr. Fogerty said that there is the garage area and also use of building products on the north side will
buffer the noise.
Chairperson Kondrick said that they may want to consider in the plan to have windows that would be
more sound resistant in that part of the building.
Commissioner Sielaff asked if a noise monitor should be done to record the noise levels to see how loud
it is.
Commissioner Oquist said that the city has an ordinance to control that.
Rod Kraus, Plant Manager for International Paper, was also concerned about the noise levels. Three
years ago this area was rezoned as an industrial park; they make noise. He wanted to make sure Mr.
Fogerty was aware of the noise that was generated there. Noise includes truck traffic, machine running,
etc. Noise level surveys were taken by the city and they are within those limits.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:06 P.M.
Commissioner Sielaff was concerned about noise issue and thought it should be addressed. Maybe
include this as part of the building permit application or something where the noise levels would be
reviewed to ensure the levels are addressed through landscaping or building materials.
Ms. Stromberg asked if they would like to add an additional stipulation.
Chairperson Kondrick stated that City Council would receive the minutes and read the concerns.
Commissioner Oquist didn't think another stipulation was necessary because the city had a noise
ordinance that restricted noise levels.
Mr. Fogerty agreed that the noise ordinance would address the noise levels and they could live within
those limits. He didn't want to add another stipulation requiring more landscaping or additional building
materials since the City rezoned the property to residential a few years ago. There will be more noise
from University Avenue.
Commissioner Sielaff noted that a lot of the stipulations duplicate what is in the city ordinance.
Commissioner Oquist didn't see a need for another stipulation because of the city noise ordinance.
Commissioner Sielaff disagreed.
Planning Commission Meeting of August 15, 2012
Page 14
Ms. Stromberg said that Mr. Fogerty would not be the violator of the noise ordinance. The city can ask
the petitioner to comply with landscaping and building code requirements but it would be difficult to
write a stipulation for them to comply with noise levels of surrounding businesses.
Chairperson Kondrick didn't think another stipulation was needed; if people break the noise ordinance
the city will deal with the violator. It involves someone else not the petitioner in this matter.
MOTION by Commissioner Oquist to modify stipulation #9 to read Senior Independent and Assisted
Living. There are a total of 16 stipulations. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Commissioner Oquist to approve the Consideration of a Resolution for a Special Use
Permit, SP #12-04, by Brian Krystofiak, of Carlson McCain, who is representing William Fogerty, the
owner of Columbia Arena, to convert the existing building into an independent senior living facility,
generally located at 7011 University Avenue. Seconded by Commissioner Velin.
UPON VOICE VOTE, COMMISSIONER OQUIST, COMMISSIONER VELIN, CHAIRPERSON
KONDRICK VOTING AYE, COMMISSIONER SIELAFF VOTING NAY, CHAIRPERSON
KONDRICK DECLARED THE MOTION CARRIED ON A 3-1 VOTE.
5. PUBLIC HEARING
Consideration of a Public Hearing for a Preliminary Plat, PS # 12-01, by Brian Krystofiak, of Carlson
McCain, who is representing William Fogerty, the owner of Columbia Arena, to subdivide the existing
large lot into three separate lots to allow for potential future development opportunities on the site,
generally located at 7011 University Avenue.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 P.M.
This item was presented in combination with Public Hearing 4
MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:07 P.M.
MOTION by Commissioner Velin to approve the Consideration for a Preliminary Plat, PS #12-01, by
Brian Krystofiak, of Carlson McCain, who is representing William Fogerty, the owner of Columbia
Arena, to subdivide the existing large lot into three separate lots to allow for potential future development
opportunities on the site, generally located at 7011 University Avenue. Seconded by Commissioner
Oquist.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
Planning Commission Meeting of August 15, 2012
Page 15
6. RECEIVE THE MINUTES OF THE JUNE 7, 2012, HOUSING AND REDEVELOPMENT
AUTHORITY COMMISSION MEETING
MOTION by Commissioner Velin to receive the minutes of the June 7, 2012 Housing and
Redevelopment Authority Commissioner Meeting. Seconded by Commissioner Oquist.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
OTHER BUSINESS:
None
ADJOURN
MOTION by Commissioner Oquist to adjourn. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED AND THE MEETING ADJOURNED AT 8:28 P.M.
Respectfully Submitted,
Krista Monsrud
Recording Secretary
CITY OF FRIDLEY
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