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PCA 02/18/2015 r �`� CITY OF FRIDLEY AGENDA PLANNING COMMISSION MEETING WEDNESDAY, FEBRUARY 18, 2015 7:00 P.M. ---------------------------------------------------------------------- ---------------------------------------------------------------------- LOCATION: COUNCIL CHAMBERS FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MEETING MINUTES: January 21, 2015 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #14-07, by TCO Design, the petitioner has modified the original special use permit request, for a comprehensive home health care use that will utilize both the 5300 and 5310 4th Street Properties. The addition of this land area will provide more opportunities for parking without increasing the size of the building, generally located at 5300 and 5310 4th Street NE. 2. PUBLIC HEARING: Consideration of a Rezoning, ZOA#15-01, by Alliant Engineering, Inc., on behalf of the property owners of 5300 and 5400 Central Avenue is requesting to have the 2 properties rezoned from C-3, General Shopping to C-2, General Business. 3. RECEIVE THE MINUTES OF THE JANUARY 5 2015 PARKS & RECREATION COMMISSION MEETING. 4. RECEIVE THE MINUTES OF THE OCTOBER 28 2014 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. OTHER BUSINESS: ADJOURN � \ City of Fridley Land Use Appiication SP#14-07 November 19, 2014 and February 18, 2015 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Public Utilities: TCO Desgin Water and Sewer were disconnected when the house Todd Ofsthun was demolished in 2011 but are available at the street. 9330 Thomas Avenue N The existing house is connected. Brooklyn Park MN 55444 Transportation: Requested Action: The properties receive access from the alley off of 53�d Special Use Permit to construct a Avenue. They front along 4`h Street. comprehensive home care use in an R-3 zoning Physical Characteristics: district. 5310 4`h Street Existing Zoning: Flat,grass covered lot,with a cement parking area along R-3(Multi-Family) the alley. Location: 5300 4`h Street 5300 and 5310 4`h Street NE Flat lot with single family house and detached garage. Size: SUMMARY OF PROJECT Both lots are—10,400 sq.ft. .23 acres The petitioner,Todd Ofsthun,who is representing A.P. Total lot area—20,800 sq.ft. .47 acres Ventures,went before the Planning Commission on Existing Land Use: November 19,2014,to request a special use permit to Vacant lot and Single Family Home. allow the construction of a comprehensive home care Surrounding Land Use&Zoning: building on an R-3, Multi-Family lot located at 5310 4`n N: 4-plex&R-3 Street NE. After neighborhood and Planning E: Single Family&R-3 Commissioners concerns were expressed,the petitioner S: 53'd Avenue and Columbia Heights asked to have State Statute 15.99 waived to allow W: Bona Brothers Automotive&C-2 additional time to further review this project. Since then,A.P.Ventures has negotiated a purchase Comprehensive Plan Conformance: tn agreement for the property at 5300 4 Street. The Future Land Use Map designates as petitioner is now asking for a special use permit to have Redevelopment. the comprehensive home health care use that will utilize Zoning Ordinance Conformance: both properties. Sec.205.09.1.C.(7)requires a special use permit SUMMARY OF ANALYSIS for clinic uses in an R-3 zoning district. City Staff recommends approvpl of this special use Building and Zoning History: ermit, with sti ulations. 5310 4`h Street Clinic type use are a permitted special use in the R-3, 1886—Lot platted. Multi-Family zoning district. Home constructed prior to 1949. 1953—Detached garage constructed. 1957—Move house and garage to new foundation. 2003—Foundation work. 2011—House and garage demolished. 5300 4th Street 1886—Lot platted. �. 1959—House constructed. 1964—Garage constructed. - �� Legal Description of Property: 5310 4`h Street Lots 12&13, Block 13, Hamiltons Addition to Mechanicsville ` ° '� - 5300 4`h Street Aerial of Subject Properties Lots 14&15,Block 13, Hamiltons Addition to CITY COUNCIL ACTION/60 DAY DATE City Council—March 9,2015 Mechanicsville 60 Day—March 16,2015 Staff Report Prepared by:Stacy Stromberg Land Use Application Special Use Permit #14-07 RE UEST The petitioner,Todd Ofsthun,with TCO Design,on behalf of A. P.Ventures is seeking a special use permit to allow the construction of a comprehensive home care building. The petitioner originally was before the Planning Commission on November 19, 2014,to allow this use on the property at 5310 4tn Street. Due to neighborhood and Planning Commissioners concerns specifically related to parking,the petitioner waived State Statue 15.99,which requires the City to get the land use item through the process in 60 days,to do further analysis. Since the November Planning Commission meeting,the petitioner and representatives for the project have negotiated a purchase agreement with the owner of the property directly south at 5300 4`"Street. The additional land area will allow for more on-site parking. The neighbors also expressed concerns about the operation of the facility and types of staffing needed for the patients. The operator of the facility will be present at the Planning Commission meeting to further answer those questions. The properties are zoned R-3, Multi-Family, and convalescent home type uses are allowed in this zoning district with a special use permit. The proposed facility will have a Comprehensive Home Care Provider License through the Minnesota Department of Health. PROPOSED PROJECT The owners of this project have affiliations with Allina, Fairview, and the University of Minnesota to offer the use of the proposed facility to potential patients. The patients using the facility will be recovering from surgery, � transplant(pre-op and post-op) or � ; another type of inedical procedure that leaves them needing extensive rehab and medical services. This type of use is �� needed for patients,who for medical reasons,can't be on their own and do not � B have family or friends who can care for � them. � � Site Plan Modifications since the �I * November Plannin�Commission Meetin� As stated above,the new site plan ,� � incorporates(2) parcels of land—5310 and 5300 4th Street. The actual square p footage of the building has been reduced in size from 2,920 sq.ft.to 2,486 sq.ft. The reason for this change is the(2) indoor garage stalls have been removed from the plan. The existing garage on the s�a�►�.e. 5300 4th Street property will remain in place, which will provide parking as well as room for garbage and recycling containers. The proposed building will still be 3-stories,with a maximum height of approximately 35 ft. Each level will have (5)separate bedrooms for patients and a common area,with a great room, kitchen, bathroom, storage,and laundry. The building wiN have an elevator and will be have a fire suppression system. The new site plan allows for 12 surface parking stalls and 2 garage stalls,for a total of 14 parking stalls. The previous plan had a total of 8 parking stalls. The petitioner has also submitted a landscape plan showing new tree, shrub and perennial plantings and will be required to construct storm water treatment on site to ensure that drainage is maintained on site. The existing house on the lot at 5300 4th Street is currently being rented. Staff understands from the petitioner that the lease is up on the house in May. At that time,the residents could sign a month to month lease, until the new building is completed. Upon completion of the new building,the existing house will be required to be removed from the property within one year of building permit issuance. The lot will then need to meet landscaping requirements and be properly maintained. SITE DESCRIPTION&HISTORY The subject property is zoned R-3, Multi-Family and has been since the City's first zoning map. The majority of this neighborhood (east of University Avenue, north of 53�d Avenue, and west of 7th Street) is zoned R-3, Multi-Family,with some parcels in the middle of the neighborhood zoned R-2,Two-Family and parcels on the east edge zoned R-1, - ,ry �`` Single Family. Within this neighborhoo� is xw : a mix of single family homes, duplexes, 4- ° ;�:, k�: � plexes and larger unit buildings. The Bona �;�• � "`` ;: �; ,� ';��. Brothers property on the corner of �L University Avenue and 53`d Avenue was �r° ��% ,a�, �"+ rezoned from R-3, Multi-Family to G2, ��_.� General Business in 1971 and 1999 to allow �* that use to exist. � 53104`n5treet—The original house on the ; _'' ' subject property was constructed prior to , . i 1949. A detached garage that was �' ���z� z� , �i p �� �.��,�< t� ... s� accessed off the alley was then constructed ,�,�,,� in 1953. Based on building permit records this house had foundation issues, so there was work on the foundation done in both 1957 and is 2003. The house and garage were demolished in 2011,and the lot has .,�, remained vacant since then. 53004`n Street—The existing house was constructed in 1959 and the detached garage was constructed in 1964. CODE REQUIREMENTS Hospitals, Clinics, and convalescent/nursing homes are a permitted special use in the R-3; Multi-Family zoning district provided that the proposed project complies with the requirements for the special use permit,subject to the stipulations. The proposed use as a comprehensive home care use is most comparable to a convalescent home or rehab facility use and therefore staff has determined that a special use permit would be required for the proposed use to exist on this site. Based on the slope of the lot,the building will look like a 3-story building from the alley and more like a 2%2-story building from 4th Street. Each floor will have 5 separate bedrooms,so the building has the ability to house a total of 15 patients. Due to the medical conditions the patients have,they are unable to drive. As a result, parking needs for this use will be for the staff and visitors to the site. The petitioner has articulated that the maximum number of staff on site at any one time will be 6. Any staff meetings for employees will either occur off-site or through electronic media. The new site ptan shows 12 surface parking stalls and 2 garage stalls within the detached garage on the 5300 4`h Street property. The garage and the (2)stalls in front of the garage will be accessed off 53`d Avenue. Ten parking stalls will be accessed from the alley. The new design of the parking area will allow a one-way loop through the parking area, so vehicles won't have to back into the alley to leave the property and it also provides better circulation for staff,visitors,delivery vehicles and emergency vehicles. The building will only be accessed from 4th Street through the use of a sidewalk. Based on code requirements for a nursing home,which is the most similar use to the comprehensive home care use,8 parking stalls are required. The previous site plan did comply with code requirements. The neighbors,the Planning Commissioners and staff did have some concerns as to whether this would be enough based on 6 employees potentially being on-site at any one time, plus visitors,and any other specialized staff needed for the patients. As a result,the plan has been updated to provide a total of 12 parking stalls, plus 2 garage stalls. When approving a request like this,staff wants to make sure there is adequate parking provided on-site and that the use isn't dependent on-street parking. The 12 parking stalls will be adequate for staff and visitors, however since the street isn't signed "no parking", it is likely that from time to time visitors will park on the street. This is acceptable, provided it doesn't start becoming a problem. Staff will keep the stipulation previously placed on the special use permit that states if on-street parking becomes an issue for this site,the special use permit will need to go back before the City Council for further review. The special use permit will also need to go back before the Council for review if in the future the use of the building is changed. The building as designed couldn't work if people residing in it didn't have health conditions that didn't allow them to drive. The proposed expansion meets lot coverage and setback requirements. The petitioner has submitted a landscape plan and a grading and drainage plan. Both of those plans will be further reviewed by City staff prior to issuance of a building permit. RECOMMENDATIONS City Staff recommends approval of this specia!use permit request as hospitals, clinics and convalescent and nursing homes are a permitted special use in the R-3,Single Family zoning district. STIPULATIONS Staff recommends that if the special use permit is granted,the following stipulations be attached. 1. The petitioner shall obtain a!1 necessary permits prior to construction. 2. The petitioner shall meet all building,fire, and ADA requirements. 3. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 4. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. Y 5. If on-street parking becomes an issue as a result of this use, the specia/use permit and options for additional parking sha/l be further reviewed by the City Council at the owner's expense. 6. If the comprehensive home heaith care use changes, ihe special use permit shall be further reviewed by ihe City Council. 7. The petifioner sha/1�le rhe necessary documenrs with Anoka County to combine both of the/ots invoived in this project,5300 and 5310 4th Street,prior to issuance of a building permit. 8. The house at 5300 4th Street shall be removed within one year of issuance of a building permit for ihe new building. . , . + , , � �� � � 9330�homas Avenue North,Brooklyn Park, MN 55444 - Office 763-424-3676 cell 952-994-8276 todd@tcodesign.net February 4,2015 To: Stacy Stromberg City of Fridley Planning Department Re: Home Care Facility 5310 4�'Street NE Fridley, MN 55421 Hello Stacy, Thank you for considering our Special Use Permit for a Home Care Facility at 5310 4"'Street NE. It is important � to the people asking for the Special Use Permit that this is a well run,low key facility that wili not have a negative impact on the neighborhood. Because of the push back from the Planning Commission we have made several changes to the proposed facility. The biggest is obtaining the property next door,5300 4`h Street NE.We will renovate and use the existing detached garage for garbage cans and availability for two indoor parking spaces. I counted those and the existing two spaces as only 2 spaces for our count.We expanded the parking into 5300 as shown on the site plan giving us a total of 12 parking spaces.The proposed building is now 3 story(2 facing 4`h Street),7458 square foot,3 unit,l5 bed Home Care Facility. This facility will be run by Wish Medical. It will be an acute care facility designed towards Transitional Care Units and will use Telemedicine to maximize care with minimal on site care.The principals are Susan McDonough and Ashley Smith.The Comprehensive Home Care license will be held by Ashley who is currently with Allina.Susan is currently with Fairview.The number of employees when the facility is full will be 6.This is the number of employee required by the State for this type of facility and care.This is also the number.that Wish Medical needs to provide the patients with meals, personal hygiene and any other patient needs.The employees will also be responsible for housekeeping. Building maintenance,landscape maintenance and snow removal will be hired out.There is plenty of on-site snow storage space. The closest use of the building will be assisted living.Based on Fridley City Code,our parking requirement is 7� spaces. If considered a nursing home, l0 spaces would be required.As a triplex, 10%:spaces.The proposed facility meets and exceeds Fridley City code with 12 proposes spaces.The 12 spaces provide adequate parking area for employees,visitors,employee transitions and deliveries. The deliveries to this facility will depend on the number of patients at any one time.This is not a clinic or a hospital.The deliveries will probably be made with smaller vehicles.Similar to fed-ex or UPS type vans.There should only be a little increase of deliveries to a traditional three unit building.They will be made from the alley side where we are proposing adequate driveway to ensure the delivery vans will be on site during their visit.The location of the deliveries and the privacy shrubs being proposed,should minimize the impact of the delivery van traffic. '� . The vast majority of patients that wilt stay at this facifity wili be bedridden.Because of the health condit�on of the other patients,they will be mostly sedentary and wil{not be wandering around the exterior of the building. The minimum stay of the patients at this facility is 60 days.The average coutd be one to two years depending on the patient.There should be no more daytime traffic than any other three unit building. There are several advantages to this facility over a typical t�iplex. It is important to the owner and operators that _ this site is well maintained and run.Ali aspects of site and building maintenance will kept to high standards.The groups associated with this facility as well as others they are hoping to have an affiliation, have high standards for this type of facility and for their patients.While the activities of this building might be a little higher at times, there will be no large parties,barbeques,gatherings,etc. The applicant and his associates have gone to great lengths to show the Planning Commission and City Council that they are dedicated to put in the effort needed to bulld and maintain a building and a business that has the highest standards of operation and dedication for your City.Obtaining the neighboring property shows they listen and react to the City Staff,the Citizens of Fridley and the Planning Commission. I ask that you approve the Special Use Permit for this Facility. Thank you again for your consideration, fodd Ofsthun,TCO Design,763-424-3676 Canmerc�al 17raf��rw and Nome nes�n f�ed�cation to excellence . - CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5300 and 5310 4th Street NE. CASE NUMBER: S ecial Use Permit, SP#14-07. APPLICANT: TCO Design Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: The petitioner has modified the original special use permit request, for a comprehensive home health care use that will utilize both the 5300 and 5310 4th Street Properties. The addition of this land area will provide more opportunities for parking without increasing the size of the buildin , in an R-3, Multi-Famil zonin district. LOCATION OF 5300 and 5310 4 Street NE. PROPERTY AND LEGAL Lots 14 and 15, in Block 13, Hamilton's Addition to DESCRIPTION: Mechanicsville, and Lots 12 and 13, Block 13, Hamilton's Addition to Mechanicsville, subject to the reservation to the State of Minnesota in trust for taxing districts concerned of all minerals and mineral ri hts in all of said ro ert . DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, February 18, 2015, 7:00 p.m. The Planning Commission Meetings are televised live the night of the meetin on Channel 17. PLACE OF HEAR/NG: Fridley Municipal Center, City Council Chambers 6431 Universit Avenue N.E., Fridle , MN. HOW TO 1. You may attend hearings and testify. PARTIC►PATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 � no later than Februa 11, 2015. The TDD # is 763-572-3534. , ANY QUESTIONS: Contact Stac Stromber , Planner, at 763-572-3595. , *PROPOSED CITY The proposed City Council meeting Date for this item will be COUNCIL MEETING Monday, March 9, 2015. *This date is subject to change DATE: depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending Ci Council meetin . Publish: February 6, 2015 . � .� r � � � Community Devefopment Department � Fridley Public Hearing Notice 5608 5613 5608 5617 2 5621 5604 5609 5611 5612 60 5601 5600 5601 .. 5601 56TH AVE 5589 ~ 5519 5550 ,� 5590 5546 = 5549 F SFRVj�F�R ,y � 5529 5536 � SERVICE DR � • � yy7H AVE 6� y � 5450 5455 5480 0 0 � N M �y � 5451 '�' '� � � u� �5 5436 5431 5430 F, 5460 g10 530 � I- v� 54 9 � 5427 5428 = 5�431 W Z �j, _ � F, 532 = Zp G� y��� 542 � 5423 5420 � 5430 = 5421 53� 53 ye►�8 � y�o�'1 5420 5419 5410 � 5411 536 y39 8$ y yg8� 5400 5401 5400 511453 505 � � � � $y y3 3�� 5aTH AvE 13 y318 5 6? 5380 5357 5384 5375 5380 53 1 5390 � � N 53 536'� 53 5370 5353 5373 5372 5380 � � � 53g1 53�a 5357 5334 5360 5 5360 7 5370 � o> n u� e� 5349 5348 5347 5333 5330 � 5339 5336 5331 53� y 5 5360 � � � � � 5335 5350 5337 5336 5337 � 5326 = 5323 5329 2 53 5325 5324 5325 u�i 5320 � 5315 5336 � 5331 5340 � °o o � N M � 5330 F 5323 5330 tA � �+ � � � 5313 5312 5 3 1 3 � 5310 5315 5300 = 5301 ��Z� 305 y 5311 5301 5300 401 5315 5310 r~• � � � � 53RD AVE 200 5273 5290 5291 � 5261 _ ZO 5249 5260 5261 � SOURCES Fridley Engineering N Fridley GIS Special Use Permit Request, SP#14-07 Anoka County GIS Petitioner:TCO Design Address: 5300 and 5310 4th Street NE W E Map Date:January 28,2015 S i Aa3AV-09-008-� { w,d�-dod Woq�al�al���� luawawey� T � ; worit,iane•nnnnnn � ap suas � �0965�J1213AV l��eqe6 a�zasll!ift �eP a�e aun4�4 el @�lldaa - � aa�ad g sa��e}�a�anbl� RESIDENT RESIDENT RESIDENT 5300 STH ST NE 5305 4TH ST NE 5300 4TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55421 FRIDLEY, MN 55421 RESIDENT RESIDENT RESIDENT 5310 4TH ST NE 5311 4TH ST NE 5315 4TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55421 FRIDLEY, MN 55421 RESIDENT RESIDENT RESIDENT 5320 4TH ST NE#1 5323 4TH ST NE 5326 4TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55421 FRIDLEY, MN 55421 RESIDENT RESIDENT RESIDENT 5330 4TH ST NE 5310 STH ST NE 5301 4TH ST NE FRIDLEY,MN 55421 FRIDLEY,MN 55421 FRIDLEY, MN 55421 RESIDENT RESIDENT RESIDENT 5311 iJNIVERSITY AVE NE 5251 4TH ST NE 5253 4TH ST NE FRIDLEY,MN 55421 COLUMBIA HEIGHTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 RESIDENT RESIDENT RESIDENT 5239 4TH ST NE 5236 4TH ST NE 5239 LTNIVERSITY AVE NE COLUMBIA HEIGHTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 RESIDENT RESIDENT RESIDENT i 5242 4TH ST NE 5257 TJNIVERSITY AVE NE 5257 4TH ST NE COLUMBIAHEIGHTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 COLUMBIAHEIGHTS, MN 55421 RESIDENT RESIDENT RESIDENT 5254 4TH ST NE 5245 4TH ST NE 5248 4TH ST NE COLUMBIA HEIGHTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 COLUMBIA HEIGHTS, MN 55421 RESIDENT 5256 4TH ST NE RESIDENT RESIDENT COLUIV�IA HEIGHTS, MN 55421 RESIDENT RESIDENT RESIDENT - - � �oats �Aa�d o T w,a6P3 d�-dod asodxa � aaded paa� � �0915 a;e�dwal�Nand as� � o�aui�6uo�e puae � � i sian�,.�aa��Iea� E�sy peei�Labels i ♦ � Bend along line to �� � � � i � ' Feed Paper �■ ex e Pop-Up EdgeTM � AVERY 5160 i ,�se Aver�Template 5160 j � j DE MALDONADO DAYSI 8c TORRES DONLEY PAMELA BRP II,LLC �'�� 5305 4TH ST NE 2533 8TH ST 5300 STH ST NE �IDLEy MN 55421-0000 WHITE BEAR TOWNSFiIP MN 55127 FRIDLEY MN 55421-0000 SECURITY BANK&TRUST CO OTTEN MARGARET BREITKREUTZ PATRICK W&S R TRUSTEE 5311 4TH ST NE 5315 4TH ST NE 2202 11TH ST E �IDLEy MN 55421-0000 FRIDLEY MN 55421-0000 GLENCOE MN 55336 PERKOVICH RICHARD L NELSON LARRY A&RTTA ANN AYMAR MAX PO BOX 600235 5323 4TH ST NE 5326 4TH ST NE ST PAUL MN 55106 FRIDLEY MN 55421-0000 FRIDLEY MN 55421-0000 MELTON HOMER L&ESTELLA L BEAVER MEGAN IWEN KATRINA 5330 4TH ST NE 5310 STH ST NE 5301 4TH ST NE FRIDLEY MN 55421-0000 FRIDLEY MN 55421-0000 FRIDLEY MN 55421-0000 BONA BRIAN VOIGT ASHLEE FALLIES DAVID R&JODY L 5333 UNIVERSITY AVE NE 52514TH ST NE 5253 4TH ST NE FRIDLEY MN 55421-0000 COLUMBIA I3EIGHTS MN 55421-0000 COLUMBIA HGTS MN 55421-0000 1H3 PROPERTY MINNESOTA LP HELLMAN EDELE M ��TLAND PROPERTIES OF 21001 N TAT(JM BLVD STE 1630-630 5236 4T�i ST NE BL'AINE I'I'C PHOENIX AZ $SU50 COLLTMBIA HGTS MN 55421-0000 1700 93RD AVE NE BLAIlVE MN 55434 HERNANDEZ VICTORINO PETERSON GARY 7 NELSON DENTTIS W&BARBARA 5242 4TH ST NE 5257 UNIVERSITY AVE NE 5257 4TH ST NE COLUMBIA HEIGHTS MN 55421-0000 COLUMBIA HEIGHTS MN 55421-0000 COLUMBIA HGTS MN 55421-0000 OLSON JACK SMALL LADONNA MEADERS JERRY W&JUDITH S 5254 4TH ST NE 5245 4TH ST NE 5248 4TH ST NE COLUMBIA HEIGHTS MN 55421-0000 COLUMBIA I3EIGHTS MN 55421-0000 COLUMBIA HGTS MN 55421-0000 HAMM RONALD 5256 4TH ST NE COLUMBIA HGTS MN 55421-0000 �tiquettes fatiles�peter ; � Repliez�la hachure afin de; www.avery.com � ��.:r..__�„ _�__:+ �..�e..��,�,.� � Sens de - -- - - - .. ... , - --- -- ------- ' . . � � PIIBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N. E, on February 18, 2015, at 7 :00 p.m. for the purpose of: Consideration of a Special Use Permit, SP #14-p7, by TCO Design, the petitioner has modified the original special use permit request, for a comprehensive home health care use that will utilize both the 5300 and 5310 4t'' Street Properties . The addition of this land area will provide more opportunities for parking without increasing the size of the building, legally described as Lots 14 and 15, in Block 13, Hamilton' s Addit,ion to Mechanicsville, and Lots 12 and 13, Block 13, Hamilton' s Addition to Mechanicsville, subject to the reservation to the State of Minnesota in trust for taxing districts concerned of all minerals and mineral rights in all of said property, generally located at 5300 and 5310 4t'' Street NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 11, 2015 . The TDD number is 763-572-3534 . i I The proposed City Council meeting date for this item will be on � March 9, 2015. *This date is subject to change depending on the � outcome of the Planning Commission meeting. Please confirm City I Council date prior to attenda.ng the City Council meeting. ! DAVID KONDRICK CHAIR PLANNING COMMISSION Publish: February 6, 2015 � ' ` � , , � � CITYOF FRiDLE,Y FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSTTY AVE.�T.E.FRIDLEY,MN 55432-4308 (763)571-3450 • FAX(763)571-1287 • www.FridleyMN.gov October 29, 2014 TCO Design Attn:Todd Ofsthun 9330 Thomas Avenue N Brooklyn Park MN 55444 Dear Mr.Ofsthun Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your application for a Special Use Permit for 5310 4th Street in Fridley on October 17, 2014. This letter serves to inform you that your application is complete. Your Special Use Permit application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on November 19, 2014 at 7:00 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council is scheduled to take final action on your Special Use Permit on December 8, 2014 at 7:00 P.M. Please plan to be in attendance at both of the above referenced meetin�s. If you have any questions regarding this(etter or.the process, please feel free to contact me at 763-572- � 3595. Si erely, a ro be g Planner c: A.P.Ventures 16192 Hwy 7 Minnetonka MN 55345 City of Fridley l.and Use Application ZOA#15-01 February 18, 2015 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Alliant Engineering, Inc. The petitioner, Mark Kronbeck with Alliant Mark Kronbeck Engineering, Inc. is requesting on behalf of the 233 Park Avenue South, Suite 300 property owners of 5300 and 5400 Central Avenue Minneapolis MN 55068 to rezone the properties from C-3, General Requested Action: Shopping to C-2,General Business. Rezone (2) parcels to C-2, General Business SUMMARY OF ANALYSIS Location: City Staff recommends approval of this rezoning and 5300 and 5400 Central Avenue NE subsequent master plan request. Existing Zoning: ■ Rezoning brings both lots in compliance with lot C-3, General Shopping size requirements. Size: ■ Rezoning will allow redevelopment of the gas 5300 Central=29,441 sq.ft. .68 acres station site. _,.,.£, . ., 5400 Central= 31,423 sq.ft. .72 acres �- �` � "" ``� �` �� �} '- �`�� ~� � � �. � Existing Land Use: „��"�", �" �_� � "� M, �''w � ���-����'`� � &,�� , � ; M} , Gas Station and Embers Restaurant pe' �,� � '�t ���;-�°�,,, : �,,� � � Surrounding Land Use&Zoning: �{��p ��� i 'i N: Pawn America &C-3 'ya` � ��'� � , ' ;�,, �.,� ~�-�_, E: Central Avenue& ROW �T ; � : , 5: Commercial user&Columbia Heights , � �,., ��"������`�"�'� � � �..� . � � l W: Restaurant&C-3 �- ��. ���� ;�,�`�,t� �� � : � , Comprehensive Plan Conformance: ` �'� � � `'� � "�`�� r,�� � �,; : Future Land Use Map designates these {2) �` �'"` �� `" ` ° �':'�`� � � ';. ,�, �: ��; . k parcefs as Redevelopment. �°>� �� - -' ; � Zoning History: � �� �� ��� ��: 5300 Central Avenue �� � �.� P� ��� .�# � 1953—Audito�'s Subdivision recorded. � � ' � � � ��•,. }� t �,..,� ' � � , '' ,k 1966—Service station constructed. �� � . � �� �" �. � � f 5400 Central Avenue � �`��� �; F- �a'06' � ���� " � '�' � :;� ! . d �, _ : k§ °; 1953—Audito�'s Subdivision recorded. '�,-�`,� -:���-° =y�� � �� � 1965—Existin restaurant constructed. � � * �; `� ` " ��� g � .�,,: _ `�� �'�_- `r'�'�-r.� �:,.-s�.--� � ~ ��:. ,t ��„�i. Legal Description of Property: - .���� � T �f � See attached is packet. � , ��� ; PubGc Utilities: ���� �� ��'��"��'� '� - � � � ������-� ��� ` `, � - .� ,� - �..� <�Y �, � Both building are connected. Any nev� � � = ��'= - --� bui4ding will also be connected. llti4ities are Aerial of Site available in the street. CITY COUNCIL ACTION/60 DA1l ACTION DATE Transportation: City Council (Public Hearing)—March 9, 2015 The site is currently accessed from 53�d 60 Day Date—March 16,2015 Avenue and a portian of the Centra{Avenue 60 Day Extension Date—May 14, 2015 Service Road. City Council (15`Reading)—March 23, 2015 Physical Characteristics: City Council (2"d Reading)—April 13, 2015 Buildings, hard-surface drive and parking StafF Report Prepared by: Stacy Stromberg areas,with litt4e landscaping. Land Use Application Rezoning, ZOA #15-01 RE UEST Alliant Engineering, Inc.,on behalf of the property owners of 5300 Central Avenue (Super Stop)and 5400 Central Avenue (Embers) is requesting to rezone their properties from C-3,General Shopping to C- 2, General Business. The impetus for the rezoning request at this time is to ailow the potential redevelopment of the property at 5300 Central Avenue. The current zoning of C-3,General Shopping imposes several requirements that makes redevelopment of the site difficult.The minimum lot size required for a C-3 district property is 35,000 sq. ft., whereas the minimum lot size required for a C-2 district is 20,000 sq. ft.The property at 5300 Central Avenue has a lot size of 29,441 sq.ft. and the property at 5400 Central Avenue has a lot size of 31,423 sq. ft. Both parcels are more suitable for the C-2, General Business zoning than its current non-conforming zoning of C-3,General Shopping. SITE DESCRlPTION AND HIST(?RY -�•-�-�---_- ,- : �- ��.��# '°` � �u::`� � :,�� � The subject properties are located on the northwest � �r,� � ��� �„�-r. � :�' corner of Central Avenue and 53rd Avenue,on the � 5� ������„� �` �� �,�� ' � 'p_ southern edge of the City. They are zoned C-3, General `'�'�< � � ± `� � �,:, � .� Shopping. The existing gas station was constructed in :��,�,. y��,�:��� �}�� 4 ` 19b6 and the restaurant building,which is now Embers, �:: . �� � � ' �° �: was constructed in 1965. At that time, both properties � �' " ' t � �'. b, r � . X� u K ,� were zoned C2-5, which was also called a General fi��: ��a '�� Shopping zoning district. When the properties were � , '-_� r,�� ,���� �,� ,�` { ' developed in the 1960's, both uses were allowed by ' '�:--_ � .�� ,�� #` ` ri ght, where current code standards would re quire a �; °� ;: ��� �_ _�., � : special use permit for a gas station use. The properties � ` "� � : �'` have consistently been used as a gas station and � �� �_ .� ��� �f �';�� ` :,�is ' � , ,sn.:: +`' .y .. restaurant since they were constructed. f�,�„ � � �. ��� °, �,� .� � �' : �� ,� �.: - �,� � , � � -� � � :. ��� In 1981 the State of Minnesota filed a quit claim deed to ��� -=-� ° -� a°� # ���� i� the City of Fridley for an 80 ft. piece of right-of-way °''�'�''�� F�� _: .� � � directly east of the 5300 Central Avenue that was right- �����. �„v�`���-� `r of-way for Central Avenue. The State determined at that __=..�v. _ , �_ _��,��-� : _-- time that they no longer needed it; so as a result,it became City right-of-way. ANLAYSIS 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". The property owner of 5300 Central Avenue Ali Hussain and representatives for him have been working to get this property redeveloped for some time. Periodically over the last year,they have met with City staff to go over code requirements and to give staff updates on potential clients. They have recently secured a tenant,Starbucks Coffee Shop, and as a result, have submitted the rezoning request. Staff suggested to the property owner and petitioner that since this property is non-conforming in relation to lot size,the best option for redevelopment would be to seek a rezoning from C-3,General Shopping to C-2, General Business. The other option to aliow redevelopment of this site would be to ask for several variances,such as lot size and setbacks,to be granted. 1n order to grant variances, practical difficulties need to be identified on the site. Rezoning of these parcels based on their location and size, is the most practical approach in this case. The C-2, General Business zoning allows for smaller lots sizes, reduced setbacks, and a variety of retail type uses. Whereas,the C-3, General Shopping zoning district is more fitted for large box type retailers, like Target and Wa{mart, or shopping centers that require larger lot sizes and setbacks. In order to accomplish a successful rezoning and avoid"spot zoning", it was determined that Embers needed to also be part of the request. The petitioner and staff talked with Embers,and since their lot is also non-conforming,they determined it would be beneficial for them to ask for the rezoning at the same time as the 5300 Central Avenue property. All the turn-back type parcels within the City,which are those lots along major corridors;that have roadway all around them are zoned C-2,General Business. Though these lots don't have roadway a41 around them,they are small parcels located along a major right-of-way,with a frontage road to provide access. The small lot sizes of these parcels tend to require a commercial zoning of C-2,General Business, to allow development on smaller lot sizes. The rezoning of these properties is consistent with the trends already seen along the major corridors of Hwy 65 and University Avenue within Fridley. PROPOSED PROJECT With Starbucks on board to lease retail space on the subject property, Mr. Hussain and his representatives have designed a site plan that will allow for the construction of a new retail bu+lding. The existing gas station,fuel d � !--� ' , � `� __;,i� pumps, canopies and � � : I N _ ___ _: �t-- - , underground tanks will be �� � ai �^ •- ---- - ���,i removed, per Minnesota , � ' � ' �"� �"�I ' � �. � ;;,��. - � Pollution Control Agency ��.;�� � �""`"� -=-_y-� a�""" 8 ' � regulations. The new multi- �� � , ; � � �.--��� g = �i : , �,. � � � � � ��;_,; k ; tenant building is proposed to 1 — �� d � '� rlAlilb�l ��_— be 6,048 sq.ft. in si2e. � ! ? � � ``° ^ o o �, � :<,,...�s � � Starbucks will occupy 2,200 sq. � �� p � . - _. �;- �J fi �.. ► - a„� � � ft. of the building space, and � „�,�.,.�.,. w...,� 6,DSH g inr) the remainder of the building , � ' `� "' °°�°°°� � � , �».,Y,. � will be shell retail space for ��-�� �, �i� � p�wz additional users. The Starbucks °'°°`�'� � � � � � '°""'"` � ��` :�� ; tl ` �� mr —^r�--� will have a drive-thru that ' � � � ' " �""I �-T k � `},''��; allows stacking room for 13 ""�`' �� �' k n�� ; ���_ __ _ � vehicles,which was designed to ��s ---- --------- — , , .,,-.�,. .,..,m.,.��, �;,�� � not interfere will people ; � �`53�^� "" •v..�~•°-° �• - _1_:. ._.�. _'. _____-_.___"" '_. '_'___'.•-_._ . .._. ... '_ ____ entering/exiting and parking on site. The Starbucks national average for drive-thru stacking is 11 cars, so this lane should provide adequate space to not impact other users on the site. The new muiti-tenant building will be a wood framed structure with aluminum storefronts and multiple exterior finishes, including glass, thin brick, decorative CMU block and EIFS. The exterior will also include decorative and functional wa11 lighting. Canopies will cover the entrances and a comprehensive sign ptan wiVl be adopted to atlow a consistent sign package. An outdoor patio will be provided on the southeast end of the building for the Starbucks and new landscaping will be installed. The project will afso be required to meet any storm water regulations set forth in Chapter 208. ppppp� ��. �� ' � E'':tQtYLf. 'y�' E �� arErn��w,� V �,��„ -' i�wce!� . : ��`�' � � cjn�°i.acc.•. ;:`w.w.' � ��sm .. x��+erz^- cn EF--` .�.�; w.��.+� "� ` .. .. _] q15�.1i ..��..-. x-m..rr -.'�- � �is.O�t P 'a 4�� ��*.-" . _ . e � :r. .. .... .. _ ... _._' 4" ' �,`c ...." fiENAi�iT�� �� ��t�t�` �, T�1N'� ; "�^`�" - , �"�hi,�Nfi ,� �`, ��:: �°: �,.. . � � _, ,�. . * �.� � � � �io Yara`�@/'� . _ 9.4.^^f'f � t , �,. t �� i . � M � � ' � � ��-n�, ,__ `,�.� .—� � -�� .��s.co�. , '-�- _ , ' e �'.`, ' 1 oa«.rs� • t � � ' �a � iy j 4 s , ..s�..w 7 ' nns+rnn. �` i '�-�, . � �rz L'lfGRPms eCA�A'M f.law�nco au�. � GCt�RA'���c[eK x f�-nc� r.'r't W7f �p L'i�e AW:IE LW•GOLG1t A M6�l16Mt �� 6A9e-Gclon A _-� r'OC � [t•l�G fiCYP� � . 9'�^,9p� � t:L'7 � 9i� . The project as designed will require the City to deem the 80 ft. right-of-way east of the 5300 Central Avenue property,excess and authorize sale to that property owner. The City's Pubiic Works Director has indicated that this short segment of right-of-way isn't needed and has been problematic for maintenance and snow-plowing,so sale of it to the owner of 5300 Central Avenue, would be the best way to approach redevelopment of this site, provided a perpetual (permanent)cross access agreement is filed to allow Embers full access through the site. The City hired Bolton& Menk Engineers and Surveyors Inc.,to do a traffic analysis of the 53`d Avenue and Central Avenue intersection as well as a segment of 53�d Avenue down to the intersection of Target and Medtronic. This section of right-of-way is scheduled to be resurfaced within the next few years, so the City determined it was beneficial to complete the analysis at this time. What came out of that analysis is that the Central Avenue and 53�d Avenue intersection performs at a failing level of service in the PM peak hour. In addition, while the crash rate is slightly lower than the statewide average for 53�d Avenue,the crash severity rate is roughly four times what would be expected in a typical similar roadway. This means that most crashes are likely side-on collisions and include left turning movements. Based on the completed traffic ��*i�"" "''P"` � +1 analysis,the site plan as designed � �a which allows (2)access points in and �� out of the site,where vehicle � �, � movements can enter and exit from g ''�� ; both points on the site is � �,� � . a �— � discouraged. Though this � entering/existing situation exists � ''"" '° today, when the City is looking at ,`. . � � � A .s allowing redevelopment of a • property,we need to do our best to � �-' correct a bad traffic pattern. As a � ° -`�"` - �:� :� result, both the traffic analysis and �� �,` =�' *� ` � City staff are suggesting that the "�'Y .. . -� • proposed (2) access points remain, � �� ''� however a one-way loop through the site,that will also allow access °""''� ByMiD JME through Embers. See plan to the � � right. �. . _... .,�. This new access arrangement is still not perfect, and the intersection will still continue to function at the level F, but short of constructing a center median along 53`d Avenue,to restrict complete left turn movements out of the property,this is the best option to allowr redevelopment of this site. Over the last several years,different property owners and developers have come to the City to consider redevelopment of other parcels within the northwest quadrant of Central Avenue and 53`d Avenue. '�.�,�, `=_� `� �,� � ,�., ;����n - � ��c .; Some of them have contacted the �'`,�, ' �'y�` 6g*�9,4;� ' �' ,�° adjacent property owners to see if there ,� : ` �:�.� $�'- `��- '" was interest in selling their property, so `�;� ,;�',� �'u'� - �� . ' the quadrant as a whole could be � .;� - . � � ��'- �r-�.� ': redeveloped at the same time. ���,iti� `�«-;:� \''�� �:;r �.: � ;.'� ; . , ��, ,�.� �., , "°:� � � ' � ,� "' Redevelopment of the whole quadrant at I l.. _+. { � '!4 '. � �i �111�1 � � � �f� � I p�. '� F � .�'`�.,, ., .. s ;� . :�, the same time would be the most ideal � � � �� �„ �-� i" L. a .��K, � �'', situation as it would hel p resolve the ��;4 �� t� ���� ,� = ��-� "� �`,� i��� � ' traffic congestion for the intersection and I-.:6-��t�.@ .�'t"r �--� r .� a I� {`f�:.' � �� �;'������` �'` � :F � � r� ������J ;� �rY ��,k.� y #," access issues for the sub�ect properties. � ,�� F . : �..z � I � _^"� .�, '�`f�. ; �},, � � ` � '; �+�;� �#� � � y r�- � , � � r '� Y�-� ` ��,; There hasn't been enough interest from � ,��, ,� „�„�- �` rt � � ��` ',• �'�F -q l � ' ��'' all the ro ert owners to make this ��;�' �.. {�. � p p Y ` ' '� � redevelopment option happen. As a � � . � ;_�Y� �. � � �;� � �_ � �° � �� ��;���,��� � ; result, the City has to consider the � � �� � ��$ �x �` �% �` � � request for redevelopment that is before , , �.� � k , � ��, �� ;� � ' r � � � ��� ��� + °�; � �� � , us at this time, and determine the best r 't ',. ,, ,' : ��, . s" � �� way to accommodate the redevelopment ,� � � ;� ` '����`� � xr �' without creating further impacts. .�.. �, � `� `, t E � �� �� � _,_� ;��r _ � ��-. ! � � �' !4''�` -ts'�.4�}�Z ..,.sr�;�. '� , b' _. � � '; :u.� � j� • � �� Y � -r k� y ' Staff recommends the rezoning of these < � �'i � � � �� � �—� � �,: � ; . two properties to G2, General Business "�; s � � � � � T because it's an overall better fit for the � �r, � >. �� '� "��x��� - ����� - size and location of the ro erties. °�, �,���� ��,► "��_� p P � � � � - �-� `�� __ �`� _ ;�+ � _ �: ; `�`� �-� � ' � When a site plan is developed that all � parties can agree on, specifically related to access in and out of the site,then staff will initiate before the City Council an action to declare the 80 ft. right-of-way excess and authorizing the sale of the excess right-of-way to the 5300 Central Avenue. If a site plan can't be agreed upon,ownership of the City land area vvill not be transferred and redevelopment of this property won't likely happen. STAFF RECOMMENDATION City Staff recommends approval of this rezoning request. ■ Rezoning brings both lots in compliance with lot size requirements. � Rezoning�nrill allow redevelopment of the gas station sate, Exhibit "B" Sign Criteria ("Sign Criteria") Tenant shall, prior to the Rent Coxnmencement Date of the Lease, shall install a lighted storefront sign("Storefront Sign") as approved by both the local ordinance(s) of the City of Fridley, MN ("City") and Landlord's Sign Criteria as set forth herein in this Exhibit B. In such areas or instances where Landlord's Sign Criteria may differ from the City sign codes and ordinance(s), Landlord's Sign Criteria, where more restrictive, shall prevail over the City. At least thirty (30) days prior to installation of Tenant's Storefront Sign, and prior to the manufacturing or fabrication of Tenant's sign, Tenant shall submit scaled, colored drawings("Sign Drawings")to Landlord for approval as detailed below herein. Landlord shall have five (5) days to approve Tenant's sign and return drawings signed by Landlord as approved. If Landlord does not approve the Tenant's Sign Drawings, Tenant must re- submit the Sign Drawings with the necessary changes in order to conform to the Sign Criteria. Landlord shall have five (5) days to review the resubmitted Sign Drawings. This process shall repeat until Tenant's Sign Drawings conform to the Sign Criteria and receive written approval from both the Landlord and then the City. Tenant is solely responsible for, and must obtain, a sign permit("Permit") from the City prior to fabrication and installation of Tenant's sign after receiving Landlord written approval. I. General Rec�uirements A. All Storefront Signs shall be affixed to the Tenant's storefront on an approved raceway in the area designated by Landlord, at Landlord's sole discretion, as Tenant's sign area(s) ("Sign Area"). Storefront Sign is restricted to Tenant's retail market trade name that is integral to the primary retail service of Tenant and approved by Landlord. Tenant logos, it any, shall be considered on a case by case basis per Section II herein at the sole discretion of the Landlord. Landlord shall detennine the appropriateness of Tenant's sign based on,but not limited to the following: size, scale, color, location,compatibility with other tenants,materials, height, and style. B. All sign transformers, and power supplies must be placed inside of the raceway. All electrical connections and decals shall be concealed behind raceway or hidden inside the raceway. All signs to be connected to a photo cell.No timers allowed. Manufacturer's names, stamps and decals shall not be exposed. There shall be no expose conduit. C. All letters or approved logos must be mounted on the raceway as specified herein. D. No exposed neon or incandescent bulbs or flashing,blinking, rotating or moving signs shall be permitted. Signs shall not make or emit and sound or noise. E. No Storefront Sign shall be of a type wherein the signing is housed or contained within an illuminated or non-illuminated"sign can" or"sign box"or a"box mounted" sign,unless expressly approved by the Landlord in writing as per Section III of this Exhibit at Landlord's sole discretion. F. Small-scale signs stating store hours, which are neatly lettered on the glass of the Tenant's storefront, shall be permitted only subject to Landlord's approval. Any non-customer door for receiving merchandise may have the name of the Tenant in two inch(2") block letters. Address signs shall be composed of four-inch(4") high(maximum)Helvetica style wlute letters centered on the transom glass above the door or such area as required by the City of Eagan. G. No sign sha11 be painted on the exterior of the Shopping Center wa11 or Tenant's storefront, doors, windows or any other surface of the Demised Premises or Shopping Center,nor on the roof or parapet of the Premises or Shopping Center. H. No sign shall be erected until written specifications and drawings of such sign are first approved in writing by Landlord per Section II (F)below herein. Such specifications and drawings shall show the size, construction,materials, colors, script,name of sign manufacturer and proposed location of such sign in confornuty with the requirements stated herein and shall include a cross section drawing. I. Tenant's signature or logo,hallmark,insignia or other trade identification will be allowed within the guidelines set forth herein and must be approved by Landlord at Landlord's sole discretion in advance in writing. J. All signs erected by Tenant pursuant to the provisions herein sha11 be erected at Tenant's own risk and expense including: final materials, fabrication, delivery, installation,labor,perniits, electrical connections, and photocell(s). All labor and materials and installations shall be in accordance with applicable State and municipallaw(s)and code(s). Tenant shall secure and pay any necessary permits and fees at Tenant's sole cost and responsibility. Tenant shall maintain said signs in a good state of repair and save „ 4 the Landlord harmless from any loss, cost, or damage as a result of the erection,installation,maintenance, existence,and removal of Tenant's sign. Tenant shall maintain and repair any damage to Tenant's sign. Upon vacating the Premises,Tenant sha11 remove Tenant's sign(s) and repair all damage, and marks, if any, caused by such removal to the satisfaction of the Landlord at Landlord's sole discretion. The contractor,materials, and methods for repair must be approved in writing by the Landlord in advance of the work. K. All electrical hook-ups sha11 be performed by a licensed electrician, approved in advance by Landlord and installed in accordance with all State and municipal code(s). Connection to Tenant's electrical panel shall include a photo cell.No timers allowed. L. Any damage caused to Landlord's Work by Tenant's sign installation or removal not repaired by Tenant shall be repaired by the Landlord and charged to the Tenant. Tenant shall reimburse Landlord within thirty(30) days of such repairs made by Landlord on Tenant's behalf. M. Required public safety decals or signs on glass in minimum sizes required by Federal, State ar municipal code(s)or law(s)are allowed. N. Prohibited Exterior Sig�ns: Paper, cloth,vinyl, cardboard,or plastic signs. Stickers,banners,flags or any other type of material(s) designed to generate attention. Signs that flash,blink,pulsate, rotate,move, change intensity or color. Signs that have moving parts, or reflect, or flutter. Roof signs,bench signs, sidewalk signs (satidwich boazds), awning signs,or canopy signs. Signs that sit on the ground. O. Window Si�ns: Window painted signs sha11 be professionally affixed by a licensed sign painter and approved in advance in writing by Landlord at Landlord's sole discretion. No window sign shall be displayed for more than si�cty(60)days and must receive prior Landlord written approval at Landlord's sole discretion. At no time may more than twenty-five percent(25%)of Tenant's window be covered in signs. All interior window signs or banners must receive prior Landlord approval at Landlord's sole discretion.No window sign shall: flash,blink,pulsate,rotate, move, change intensity, or change color.No window sign shall have moving parts,reflect or flutter. II. Specific Requirements A. Tvpe- Individually lit channel letters with translucent front(s) mounted on a raceway that matches the exact exterior Storefront Sign Area color. Raceway to be one foot and six inches(1'-6") deep with a maximum height of seven inches (7"). Raceway must be constructed from aluminum and approved by Landlord prior to fabrication and installation. B. Size-.Tenant's sign(s)may include upper and lower case letters, letter strokes or characters, and punctuations("Letters")and logos subject to prior written approval of Landlord at Landlord's sole discretion. Such Letters sha11 not exce� 36" in height if available in Tenant's Sign Area and sha11 not be less than 12" in height. Letters for two (2) lines of copy shall not exceed 36" in height. The size of the Tenant's sign and the Letters are subject to Landlord prior written approval as stated above and below herein and the City and must fit within the overall Shopping Center's pro-rata allowance as approved by Landlord. C. Si�n Placement-The sign shall be placed on the Storefront in the Tenant's Sign Area as shown on the attached Sign Area diagram herein and not exceed maximum square feet of the City per tenant or The Shopping Center's overall pro-rata allowance as approved by Landlord. Base line and center line of sign to be located by Landlord and/or Landlord's Architect and must be contained within Tenant's Sign Area. D. Colors and Materials 1. Acrylic face colors must be pre-approved by Landlord with dark bronze trim cap and dark bronze returns. 2. LED's color to be red,white, green or blue no multiple color or color changing LED's aze perxnitted 3. Sign letter(s) or characters shall have aluminum channel returns(minimum .050)with flat or molded plastic face and mounted with dark bronze trim cap concealed fasteners. Channel returns shall be painted dark bronze as specified by Landlord. All letters sha11 be illuminated with LED's powered by normal factory transformers installed in raceway. All letters shall be approved by Underwriter Laboratories (`UL") and carry the UL seal of approval. 4. Upon sign installation, all penetrations made to the exterior � � Storefront must be caulked with a polyurethane based product called Sonnelastic 150 or Sonneborn NP 1. Any alternative products must be approved by Landlord. 5. Sign raceways shall be attached to building with stainless steel bolts,washers, and nuts. 6. As part of Tenant's electrical work,Tenant sha11 install a photo cell to control hours of illumination in accordance with the overall Shopping Center's policy determined by the Landlord at Landlord's sole discretion. No timers allowed. E. As described above herein, one(1) complete set of scaled sign drawings with detailed dimensions must be submitted to the landlord for approval before fabrication and at least thirty(30) days prior to Tenant's Rent Commencement. Tenant's sign drawings must include the following: 1. Provide a complete listing and verbal description of sign(s) to be erected on the Premises. 2. Provide elevation views of storefront showing all signs (drawn to accurate scale)with dimensions of heights of Letters,logos and length of sign(s). 3. Provide a cross section view through sign letter and sign panel showing location of sign relative to the Storefront line,mounting height, and the dimensioned projection of the face of the letter from the face of the sign panel. III. Miscellaneous Provisions: Landlord shall not be responsible for the cost of re- fabrication of signs fabricated,ordered, or constructed that do not conform to the Sign Criteria and the City code(s). The Sign Criteria may be amended from time to time by Landlord and Landlord's sole discretion. Deviation(s) or variance from this Sign Criteria Exhibit is not allowed except with the expressed written approval of both the Landlord and the City. Such written approval of any deviation to the sign criteria is at the sole discretion of both the City and the Landlord and may be denied or withheld at the sole discretion of both the City and the Landlord. Any approved deviation or variance of the Sign Criteria for the Tenant does not change any aspect or portion of the Sign Criteria in this Exhibit for any other Tenant or the Shopping Center. Deviations or variance approvals are arbitrary and made on a case by case basis at the sole discretion of both City and the Landlord. Any nonconformance with this Exhibit B shall result in a Default of the Lease and Lease Default provisions shall be enacted and enforced per the terms of the Lease. il CITY OF FRIDLEY ' PUBLIC HEARING NOTICE ' BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5300 and 5400 Central Avenue CASE NUMBER: Rezonin , ZOA#15-01. APPLICANT: Alliant Engineering, Inc., on behalf of the property owners of 5300 and 5400 Central Avenue. Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: The petitioner is requesting to have the 2 properties rezoned from C- 3, General Sho in to C-2, General Business. LOCATION OF 5300 and 5400 Central Avenue NE. PROPERTYAND LEGAL Legal description is on file and available at Fridley Municipal Center. DESCRIPTION: DATE AND TIME OF Planning Commission Meeting: HEAR/NG: Wednesday, February 18, 2015, 7:00 p.m. The Planning Commission Meetings are televised live the night of the meetin on Channel 17. PLACE OF HEAR►NG: Fridley Municipal Center, City Council Chambers 6431 Universit Avenue N.E., Fridle , MN. HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than Februa 11, 2015. The TDD# is 763-572-3534. ANY QUESTIONS: Contact Stac Stromber , Planner, at 763-572-3595. *PROPOSED CITY The proposed City Council meeting Date for this item will be COUNCIL MEETING Monday, March 9, 2015. *This date is subject to change DATE: depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending Ci Council meetin . Publish: February 6, 2015 � Community Devetopment Department � Fridley Public Hearing Notice yfO `O 'O '� Z �ry�5 5714 � � y'� HACKMANN AVE a� N '�' '� ,'' '^ n '� � � 5705 5704 Z 5705 �� p 5740 � o 0 975 � m m `� � m `� m °� m y � 5695 � Q' S695 A � o,�" -1 5695 �� � 930 5730 1° o 57TH AVE �� 5685 � 3 5720 �25 � o 0 0 0 0 0 0 0 0 0 0 �B5 Q -r 5715 970 � m t�o "a ia '� `�S � i8 m ,°� CARRIE LN ���' = x P�Y M�Qq�� 5701 �5 0 0 0 0 � o r' T r r r r LYNDE DR 910 950 990 °o 0 0 0 3 0 720 F, � � � � � � 1001 5650 y 941 5660 � 710 951 961 s 5 � °�y�6 2 00� �e'CJSr1� ILL p� �O d � �&j N FILLM � !� W � � � � � m N c�° �2 y 5431 5422 0 r�21 r� ��2 p 5411 � a 5402� 5401 GN��t�LN 5387 � � 1200 �y30 5371 755 5361 785 .- o� °,R „� 5351 5s3 S� 5351 1259 � °$� 596 775 � �' 755 1258 `� � 5310 765 126 53RD AVE 5928 5 5277 5207 52 Q 5268 J 5250 5 Q � Z 5234 5 SOURCES Fridley Engineering N Fridley GIS Rezoning Request, ZOA#15-01 Anoka County GIS Petitioner:Alliant Engineering, Inc. w E Address: 5300 and 5400 Central Avenue NE Map Date:January 26,2015 S Essy Peel�I.abels i � � 8end along line to � � AVERY�5160� ; Use Avery�Template 5160� j .. Feed PaPer � expose Pop�Up Edge*"� j 1 RICKY'S PROPERTIES INC 5400 CENTRAL AVE NE � FRIDLEY,MN 55421-0000 � CHEEMA-SHRESTHA CaMPANY LlC 224 EMERALD ST SE MINNEAPOLIS,MN 55414 RIXMANN CENTRAL AVENUE II LLC 181 RIVER RIDGE AVE S BURNSVILLE,MN 55337 GIL-MOR INC. 6200 OAK TREE BLVD STE 250 INDEPENDENCE,OH 44131 GUZY JEAN 4777 MENARD DR EAU CLAIRE,WI 54703 TOTEM FOODS INC 4635 CENTRAL AVE NE COL HTS,MN 55421-0000 NATIONAL RETAIL PROPERTIES LP 450 SOUTH ORANGE AVE STE 900 ORLANDO,FL 32801 MENARO INC 4777 MENARD DR �u c�i�,wi sa�os-0000 � CLEAR CHANNEL OUTDOOR INC 3225 SPRING ST NE M{NNEAPOLIS,MN 55413-0000 DAYTON HUDSON CORPORATION PO BOX 9456 MPLS,MN 5544a9456 - .-__ -._. _ ._ ____ ___._ _ _ _ _ I �tiquettes faciles�peler ; � Repliez�la hachure afin de i www.avery.com ;�� ��.:r.__'_ _-'----. ........��.�..� Sens de PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N. E. on February 18, 2015, at 7 : 00 p.m. for the purpose of: Consideration of a Rezoning, ZOA #15-01, by Alliant Engineering, Inc. , on behalf of the property owners of 5300 and 5400 Central Avenue is requesting to have the 2 properties rezoned from C-3, General Shopping to C-2, General Business, legal description is on file and available at Fridley Municipal Center, generally located at 5300 and 5400 Central Avenue NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than February 11, 2015 . The TDD number is 763-572-3534 . The proposed City Council meeting date for this item will be on March 9, 2015 . *This date is subject to change depending on the outcome of the Planning Commission meeting. Please confirm City Council date prior to attending the City Council meeting. DAVID KONDRICK CHAIR PLANNING COMMISSION Publish: February 6, 2015 - � UTYOF F'WDLEY FRIDLEY MiJNICIPAL CEIV7'ER • 6431 UNIVERSTTY AVE.N.E.FRIDLEY,MN 55432-4308 (763)571-3450 • FAX(763)571-1287 • www.FridleyMN.gov January 28, 2015 Alliant Engineering, Inc. Attn: Mark Kronbeck 233 Park Avenue South,Suite 300 Minneapolis MN 55068 Dear Mr. Kronbeck: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 15 working days if their land use applications are complete. We officially received your application for the rezoning of 5300 and 5400 Central Avenue NE on January 30, 2015. This letter serves to inform you that your application is complete. , Your Rezoning application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on February 18,2015 at 7:00 p.m. in the City Council Chambers at 6431 University Avenue. The City of Fridley Gity Council will hold three meetings related to your rezoning request. Those meetings will also be held at 7:00 p.m. in the City Council Chambers. • Public Hearing—March 9, 2015 • First Reading—March 23, 2015 • Second Reading—April 13, 2015 Please plan to be in attendance at all of the above referenced meetinss. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572- 3595. Sincerely, Cit of Fridley Stacy Strom g Planner c: Totem Foods Inc. 4635 Central Avenue NE Columbia Heights MN 55421 Ricky's Properties Inc. Attn:Joe Rickenbach 5400 Central Avenue NE Fridley MN 55421