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PLM 02/20/2013 PLANNING COMMISSION MEETING February 20, 2013 Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m. MEMBERS PRESENT: Brad Dunham, Tim Solberg, Brad Sielaff, David Kondrick, and Leroy Oquist MEMBERS ABSENT: Jack Velin and Dean Saba OTHERS PRESENT: Stacy Stromberg, Planner , Jim Kordiakproperty manager for 7500 University Avenue Jason Brown, on behalf of the Pet Vet Samer Alamy, Islamic University of Minnesota Roger Avery, 600 Glencoe Street Approval of Minutes: December 19, 2012 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING 1. Consideration of a Special Use Permit, SP #13-03, by the Pet Vet, to allow an Animal Veterinary Clinic to be located within a portion of the building located at 7500 University Avenue. The petitioner plans to relocate his business from the building at 7420 University Avenue to the building at 7500 University Avenue to gain additional space. MOTION by Commissioner Dunham to open 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 OPENED AT 7:03 P.M. Stacy Stromberg , Planner, stated the petitioner, Dr. Hofmeister, is seeking a special use permit to allow a Veterinary Clinic within a portion of the building located at 7500 University Avenue. Ms. Stromberg stated the petitioner plans to relocate his business from the building at 7420 University Avenue to the building at 7500 University Avenue in order to gain additional space. Ms. Stromberg stated the subject property is zoned C-2, General Business as is the property to the south. The existing building was constructed in 1968. There have been several interior modifications for different types of commercial users over the years. The building has been vacant since 2011. Ms. Stromberg stated the petitioner is seeking a special use permit to allow a veterinary clinic within one of the tenant spaces of the building located at 7500 University Avenue. There are three tenant spaces Planning Commission February 20, 2013 Page 2 of 11 within the existing building and the petitioner is planning to lease “Bay C”, which is the space furthest to the west. It is 40 feet by 80 feet which is 3,200 square feet. in size and will accommodate the needs of the business. The business provides preventative health care, examination and treatment, spay and neuter surgery, dentistry, general surgery, x-rays, and micro-chipping to its patients. Ms. Stromberg stated the City Code allows animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools and training services in the C-2, General Business zoning district, with a special use permit. Ms. Stromberg stated based on the square footage the petitioner will be leasing for his business, 13 parking stalls will be required. There are 64 parking stalls on site, of which the petitioner indicates that his business typically needs 4 spaces for employees and anywhere from 1 to 4 spaces for customers, for a total of 8 parking stalls. This site provides more than enough parking stalls for this business. Ms. Stromberg stated there is very little green space on this site, which became a concern to staff because it left little area for pet owners or employees to bring the animals to relieve themselves. Staff advised the petitioner that the existing green area to the east of the building wouldn’t be an acceptable space for this activity as it would be a potential safety and traffic hazard with the circulation of post office customers. As a result, the petitioner plans to remove 900 square feet of the hard surface in the northwest corner of the site to make green for a dog walk area. Ms. Stromberg stated with any type of animal facility there may be questions and concerns related to noise and odor. The City does have an Animal Control ordinance, which defines at which point animal noise becomes a nuisance. The City can also address odors and property maintenance related complaints through our zoning code requirements. Therefore, if noise or odor were to become a concern for a neighboring property owner, staff will be able to monitor the property for violations and handle them accordingly. Ms. Stromberg stated City staff has not heard any comments from neighboring property owners. Ms. Stromberg stated City Staff recommends approval of the special use permit request, subject to stipulation as animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools and training services are a permitted special use in the C-2, General Business zoning district. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain a building permit prior to interior modifications if required by the Minnesota State Building code. 2. The petitioner shall comply with Minnesota State Building code requirements. 3. The petitioner shall obtain a sign permit prior to installation of any new signage. 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. There shall be no outside pens or holding areas for the animals. 6. Dog walk area shall be constructed with curb and installation of sod within 6 months of issuance of this special use permit. This area shall be maintained regularly. Chairperson Kondrick asked regarding Stipulation No. 6, maintaining the area regularly, does that mean the grass mowed and droppings picked up? Planning Commission February 20, 2013 Page 3 of 11 Ms. Stromberg replied, correct. Commissioner Sielaff asked what about grass dying? Ms. Stromberg replied, that would be something they would monitor. Commissioner Sielaff asked whether there is cremation going on there? Ms. Stromberg replied, she does not believe so but the petitioner could address that. Jim Kordiak, property manager,stated Mr. Hofmeister was not able to attend as he was attending the Veterinarians National Conference in Las Vegas. Chairperson Kondrick asked petitioner whether they were agreeable to the stipulations? Mr. Kordiak replied, for the most part they seem ordinary and usual. The one he did not anticipate was about the green space. He and Dr. Hofmeister have not yet had a conversation about that. As a requirement of this application they will figure out a way to provide the green space to accommodate Dr. Hofmeister business. Chairperson Kondrick asked whether Dr. Hofmeister is aware of Stipulation No. 6 about having the space for the dogs to relieve themselves? Ms. Stromberg replied, yes. Mr. Kordiak asked Ms. Stromberg about no odors or organisms being spread between the wards or outside air. They know how the heating and air conditioning system works. Can she clarify what she means? Ms. Stromberg replied, it means the odors are not going to be spread between the other units in the building and going out into the environment. Fridley has several veterinary clinics, and they have all been able to work that issue out. Mr. Kordiak stated he is guessing his heating and air conditioning people and the building inspector know how to accomplish that as they would for hair dressers, nail salons, tanning salons, etc. Chairperson Kondrick stated there are a total of three bay areas and they want to make sure the odors do not go into Bays A and B. He asked Mr. Kordiak if they were clear on that? Mr. Kordiak replied, yes. Commissioner Sielaff asked Mr. Kordiak whether he knew if they were going to do any cremation there? Mr. Kordiak replied, he knows that they do not now but does not know whether Dr. Hofmeister anticipates doing it in the future. Commissioner Sielaff asked whether Dr. Hofmeister would have to go through the City to do that? Planning Commission February 20, 2013 Page 4 of 11 Ms. Stromberg replied, that is something they would have to evaluate with him at the time. Commissioner Sielaff questioned further about using the sod and trying to keep it alive. Ms. Stromberg replied some animal facilities use pea rock, etc. instead and staff would likely be agreeable to that. Mr. Kordiak replied for that small of an area he can see using the rubber tire crumb, etc. It is not a problem. Ms. Stromberg replied, the City would be flexible with that if it is not sod, some kind of material that they could easily maintain. Commissioner Solberg asked, in terms of signage, since this will now be kind of tucked away on University and not too visible. Will he have any signage out from the business? Mr. Kordiak replied, there are three accommodations for the Pet Vet. Already existing is a large pylon sign installed by Thorne Brothers some years ago, except for being stripped clean and painted, it needs a new face. Second, he intends to talk to the City’s sign people about an eight-foot long sign across the length of the building and have a section of it used for each bay. Lastly, there will be an overhanging canopy if the businesses choose to put their name on it as well. Commissioner Oquist stated, with that being said, maybe Stipulation No. 3 should include, not only “prior to installation of any new signage” but also any redesign of signs. Ms. Stromberg replied, right now in the City’s sign code, any change requires a permit even if the pylon frame is there. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:18 P.M. Chairperson Kondrick stated he thinks the petitioners are pretty straightforward and know what they are doing, and the stipulations are conclusive. He has no problem with this. Commissioner Oquist replied, nor does he. It is pretty straightforward. MOTION by Commissioner Oquist approving Specal Use Permit, SP #13-03, by the Pet Vet, to allow an Animal Veterinary Clinic to be located within a portion of the building located at 7500 University Avenue. The petitioner plans to relocate his business from the building at 7420 University Avenue to the building at 7500 University Avenue to gain additional space with the following stipulations: 1. The petitioner shall obtain a building permit prior to interior modifications if required by the Minnesota State Building code. 2. The petitioner shall comply with Minnesota State Building code requirements. 3. The petitioner shall obtain a sign permit prior to installation of any new signage. Planning Commission February 20, 2013 Page 5 of 11 4. The ventilation system needs to be designed so that no odors or organisms will spread between wards or to the outside air. 5. There shall be no outside pens or holding areas for the animals. 6. Dog walk area shall be constructed with curb and installation of sod within 6 months of issuance of this special use permit. This area shall be maintained regularly. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING 2. Consideration of a Special Use Permit, SP #13-02, by Medina Realty Inc., Samer Alamy on behalf of the Islamic University of Minnesota, to allow a private school use with worship space at the building located at 6831 Highway 65 NE. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:21 P.M. Ms. Stromberg stated the petitioner, Mr. Alamy, of Medina Realty, Inc., on behalf of the Islamic University of Minnesota, is requesting a special use permit to allow an Islamic University with associated worship space within the existing building at 6831 Hwy 65. Ms. Stromberg stated the existing building has been used as the Knights of Columbus banquet hall since the early 1970’s. th Ms. Stromberg stated the subject property is located off of Hwy 65, just south of 68 Avenue. The property is zoned R-3, Multi-Family. The building was constructed in 1965 and has been occupied by the Knights of Columbus since the early 1970’s. In 1970 a special use permit was issued to expand a parking lot for the Knights of Columbus. In 1974, an addition was constructed to the building. In 1988, a special use permit was approved to allow a private, non-profit clubs and to allow vehicle parking on a lot adjacent to residential. Lastly, in 2010 a special use permit was approved to allow trailers to be parked in the rear yard to be used for temporary charity work of distribution of phone books. Ms. Stromberg stated the property has been listed for sale for approximately 14 months. City staff has received many phone calls inquiring about what types of businesses could utilize the existing building. Because the property is zoned R-3, Multi-Family, commercial type businesses such as a privately owned banquet facility or restaurant use would require a rezoning to a commercial designation. Schools, churches, medical clinics, and daycares type uses are allowed in the R-3 zoning district with a special use permit. As a result, the petitioner has applied for this special use permit. Ms. Stromberg stated the Islamic University of Minnesota (IUMN) has put an offer on the subject property contingent upon approval of this special use permit request. As stated by the petitioner, “The IUMN was founded in August of 2006 by a qualified and professional assembly of Muslim scholars and Planning Commission February 20, 2013 Page 6 of 11 educators in the state of Minnesota. The necessity of such an institution represents the strong belief in the need for an education institution that serves both Muslims and non-Muslims communities of Minnesota and the US. There are approximately 150,000 Muslims in Minnesota and close to 10 million Muslims in the US. IUMN will serve as a bridge between the Muslim community and the greater community of Minnesota and the US. We will serve as a bridge by introducing qualified graduates to the fields of teaching and religious leadership, creating dialogues amongst different communities and reaching out to the community to create better awareness and understanding of Islam. IUMN hopes to contribute to the positive upbringing of young Muslims living in the US, as well as future generations, that they may grow- up to be responsible American Muslims.” The IUMN is mainly an on-line university with some classes offered in a classroom environment of 10-15 students per class offered on Fridays, Saturdays, and Sundays. They offer Bachelor, Masters and PhD’s in Islamic Studies. Ms. Stromberg stated the IUMN would like to utilize the existing building as its main headquarters, with offices, classrooms and a celebration/prayer hall. The interior of the building will be remodeled to fit the needs of the university; however the exterior of the building will remain the same as will the parking lot and grounds of the property. Ms. Stromberg stated the subject property is made up of 4 parcels that total approximately 117,176 square feet (2.69 acres). Based on assessing records, the existing building is approximately 8,570 square feet in size. The main level will be remodeled to create three; 15 foot by 20 foot classrooms within the existing bar/restaurant area, and the storage space will be converted into office area. The existing ballroom will be used for a celebration hall for graduation and other festive events and as a prayer hall. The rest of the main level, including the kitchen, bathrooms and lobby will remain the same. The lower level will also remain unchanged at this time. Ms. Stromberg stated the purpose of a special use permit is to provide the City with a reasonable degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety of the area in which it is located. The special use permit gives the City the ability to place stipulations on the proposed use to eliminate negative impacts to surrounding properties. The City also has the right to deny the special use permit request if impacts to surrounding properties cannot be eliminated through stipulations. Ms. Stromberg stated schools and churches or worship facilities are a permitted special use in the R-3, Multi-Family zoning district, provided they meet the necessary requirements, related to building and site requirements and parking, subject to the stipulations suggested by staff. Ms. Stromberg stated as stated above, the exterior of the existing building will remain as is, as will the parking lots and landscaped areas. All setback and lot coverage requirements are being met with the existing building. Fridley City code requires that the minimum amount of parking stalls based on the proposed uses for the building are 132 parking stalls. There is a total of 155 parking stalls on the subject property, therefore meeting City code requirements. The petitioner has articulated that the main worship time is on Friday between 12:00 p.m. and 2:00 p.m. During that time there could be between approximately 150-300 worshipers. This number is all dependent upon the maximum occupancy allowed by the building and fire code as well as the amount of parking stalls that are available on site. All parking related to this use will be required to be on-site, no on-street parking will be allowed. As a result, staff will stipulate that if parking becomes an issue on this site, the special use permit will need to come back before the City Council for further review. Planning Commission February 20, 2013 Page 7 of 11 Ms. Stromberg stated City Staff recommends approval of this special use permit, as schools and worship facilities are an approved special use in the R-3, Multi-Family zoning district, with stipulations. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner to obtain all necessary permits prior to interior alteration of the building. 2. The petitioner to meet all building, fire, and ADA code requirements. 3. If on-site parking becomes inadequate and the use requires on-street parking, the Petitioner shall appear before the City Council for further review and potential amendment of the stipulations for the special use permit. Chairperson Kondrick asked how many people can the building accommodate right now without any change? Is the petitioner aware of that number? Ms. Stromberg replied, she would need to check with the Fire Marshall and see what the maximum capacity is. In the materials the broker has been sending out on the building for sale, he says the main floor ballroom seats 350 people; and then the basement can seat approximately 150. She has never been there for that big of an event. Fire/building codes all have square footage ratios that determine maximum capacity. She is sure they have a number already and then based on the use, the number will change though when the use changes. Commissioner Sielaff asked, for churches, how does the City determine parking? Ms. Stromberg replied, one stall for every 100 square feet of assembly space which is in City Code. Commissioner Dunham stated he felt the 350 and 150 numbers in the brochure seemed high. Chairperson Kondrick asked the petitioner if he had any problems with stipulations, does he understand them and is in agreement with them? Samer Alamy , Islamic University of Minnesota, replied, they have no issue. Their plan is, once this is approved and they close on the sale, they will pull permits to do remodeling. Commissioner Solberg asked regarding the number of worshippers, 150- 300, with only 150 stalls, he wonders if this becomes very successful, what are their options to expand the parking and/or accommodating that? Mr. Alamy stated they really have not considered expanding the parking. They are limited by the parking they have. Successful or not this is a university with worshipping and will be the headquarters of the university. Most of the students are on-line and there are some going there to the classroom. If it grows then they will have to consider a different site. Commissioner Solberg stated, are there other worship times other than the Friday time between 12 Noon and 2? Mr. Alamy replied, this is the main gathering site. For churches it would be the Sunday service, and for the Muslim community it is the Friday noon prayer. There are other prayers times but the numbers are in Planning Commission February 20, 2013 Page 8 of 11 the single digits. There are five prayers times for the Muslim faith, at dawn, early morning, afternoon, evening and sunset. Chairperson Kondrick stated it just seems the size of the parking lot and the number of spaces available to them will in fact limit the number of people they can have at their service. Mr. Alamy replied, right. Chairperson Kondrick stated they do not want to have any parking on the street. No overflow parking. Mr. Alamy stated that most facilities have limited parking. If a person comes to the facility to worship and there is no place to park, they will go somewhere else. Commissioner Oquist asked Mr. Alamy, what is their relationship with the Islamic Center up on Gardena? Mr. Alamy replied, actually in the Islamic community here there are multiple centers; but there is one overriding board that actually governs all the centers in Minnesota. Commissioner Oquist asked Mr. Alamy whether he would use that center for their overflow? Mr. Alamy replied, actually their prayer hall is very small and only serves the students in the school there. Commissioner Oquist asked whether this University is for students throughout the United States? They are on-line so do they service students throughout the United States? Mr. Alamy replied, from his understanding in talking with staff, they do have students who are taking graduate courses from this university but are residing from out of state. Sometimes for a Masters Degree they come in for discussion of their thesis, for example. Commissioner Oquist asked where is the University located now? Mr. Alamy replied, right now it is housed in the Islamic Community Cultural Center down on Lowry and Central. Commissioner Sielaff asked Mr. Alamy how many on-site students will they have at the facility at a time? Mr. Alamy replied, his understanding from talking with the staff is they currently three classrooms which are held on weekends and between 10-15 students. Roger Avery, 600 Glencoe Street, asked whether this will stay on the tax rolls? Ms. Stromberg replied, she is not sure, but the petitioner could address this question. Mr. Alamy replied, it is actually tax exempt. Planning Commission February 20, 2013 Page 9 of 11 Chairperson Kondrick asked whether Knights of Columbus paid taxes. Mr. Avery replied, yes. Mr. Avery asked the Commission to keep this in mind, how many of these situations is Fridley going to be getting into over the years. He is always hearing about the lack of money the City has. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:42 P.M. Chairperson Kondrick stated most of the churches in the community do not pay taxes either. He understands Mr. Avery’s concern as one organization had to pay taxes and these folks will not, just like all the other churches and worshipping centers in Fridley. However, in any event, the petitioner is going along with stipulations as staff has recommended. He cannot see any reason to deny them the opportunity to worship at this facility once they buy it. Commissioner Dunham stated, the part about the classes seems okay but there is traffic and the parking issues, which might be mostly on the Friday, and the fact they have a lot more people gathering at that time. He was wondering about how big churches presently allow capacities to be. There is an 8,500 square foot space here. Does that amount with so much parking allow so many people? The parking concerns him. Chairperson Kondrick that is something that needs to be talked about. Since they cannot park on the street, and that is going to be regulated by a stipulation. The City will regulate the amount of worshippers they are allowed to have in there. The Fire Department will be seeing how many people can be in there. Ms. Stromberg replied, occupancy for fire and building code are different than what she handles in the Planning Department. She figures based on the size of the ballroom how many parking stalls are required based on a ratio in the City’s zoning code and then based on kitchen space, office space, classroom space. That is how she comes up with the required spaces. Right now they meet that requirement; however, if 350 people show up for an event, each in their own car, you have a problem. Obviously that is something they will address when and if it becomes a problem. Commissioner Oquist stated it seems to him that is something the City will have to really monitor. They do have two stipulations that kind of address the issue. It seems kind of odd that you limit the amount of worshippers based on your parking stalls. How do you control that? You have 150 stalls and maybe 2-3 people share cars and all of a sudden now you have 300-350 people to worship on a Friday, which is fine, but they do have that parking issue. They will really have to monitor that closely because if they start going on the streets the City will be hearing about it. Commissioner Dunham stated it appears this is a building that has the capacity for certainly far more than they have parking spaces. Ms. Stromberg replied, correct. Planning Commission February 20, 2013 Page 10 of 11 Commissioner Dunham stated he is sure the building can house 300 and anything over 150 cars becomes an issue. Ms. Stromberg replied, she would say that any kind of restaurant or retail facility has different occupancy levels from a building perspective and a Fire Department perspective than she has from a zoning perspective on parking stalls. However, if parking becomes a problem, it will need to be addressed. Chairperson Oquist stated, again, it is covered in Stipulation No. 2. That should cover that. Ms. Stromberg stated the petitioner has stated they know the amount of people they can have in the facility is dictated on parking and what the building and fire code will allow. Chairperson Kondrick stated the petitioner knows where they are going with this. They need to make sure the stipulations are strong and that they are understood. The Commission does not want to prevent the petitioner from having the center and being able to do their worshipping. That is not the intent. The intent is to make sure the laws are kept and not broken and everybody is safe. Also the neighbors cannot complain because they are parking in front of their house or business. They want to stop that right away. MOTION by Commissioner Oquist approving Special Use Permit, SP #13-02, by Medina Realty Inc., Samer Alamy on behalf of the Islamic University of Minnesota, to allow a private school use with worship space at the building located at 6831 Highway 65 NE. with the following stipulations: 1. The petitioner to obtain all necessary permits prior to interior alteration of the building. 2. The petitioner to meet all building, fire, and ADA code requirements. 3. If on-site parking becomes inadequate and the use requires on-street parking, the Petitioner shall appear before the City Council for further review and potential amendment of the stipulations for the special use permit. With the understanding of the issue of occupancy and parking stalls. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Receive the Minutes of the January 3, 2013, Housing and Redevelopment Authority 3. Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the December 3, 2012, Parks and Recreation Commission Meeting. 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. Planning Commission February 20, 2013 Page 11 of 11 OTHER BUSINESS: Ms. Stromberg stated there will be two items at the next meeting on March 20. One of them is a TOD master plan for the JLT site located on the corner of East River Road and Interstate 694. That site has recently been purchased by Industrial Equities, John Allen who has developed other parcels here in Fridley. Ms. Stromberg stated also that the Council reviewed the scoping document for the AUAR, the environmental study that is being done for the BAE site that is proposed to be redevelopment by Paul Hyde of Hyde Development. That project will be coming before them within the next three to six months. Chairperson Kondrick asked, do they expect to find anything underneath the building? Ms. Stromberg replied, she cannot even guess. They are professionals and they know what they are doing. If anyone can do it, this group can. ADJOURN MOTION by Commissioner Sielaff 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 7:57 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary