PLA 12/16/2009 CITY OF FRIDLEY
AGENDA
PLANNING COMMISSION MEETING WEDNESDAY, DECEMBER 16, 2009, 7:00 P.M.
LOCATION: CITY COUNCIL CHAMBERS
FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES: November 18, 2009
1. PUBLIC HEARING:
Consideration of a Text Amendment, TA#09-02, by Schmit Towing, Inc., to add language to
the M-1, Light Industrial Zoning District Code that would allow towing services by a special
use permit, generally located at 92-43rd Avenue NE.
2. PUBLIC HEARING:
Consideration of Special Use Permit, SP #09-19, by Schmit Towing, Inc., to allow a towing
service business in an M-1, Light Industrial Zoning District, generally located at 92-43rd
Avenue NE.
3. PUBLIC HEARING:
Consideration of a Text Amendment, TA#09-04, by the City of Fridley, to consider
amendments to the General Business C-2 and General Shopping C-3 zoning districts to
clarify uses permitted and screening requirements in commercial districts.
4. RECEIVE THE MINUTES OF THE OCTOBER 13 2009, ENVIRONMENTAL QUALITY &
ENERGY COMMISSION MEETING.
5. RECEIVE THE MINUTES OF THE NOVEMBER 5 2009 HOUSING AND
REDEVELOPMENT AUTHORITY COMMISSION.
6. RECEIVE THE MINUTES OF THE NOVEMBER 2 2009 PARKS & RECREATION
COMMISSION MEETING.
OTHER BUSINESS:
ADJOURN
City of Fridley Land Use Application
TA #09-02 & SP #09-19 December 16, 2009
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: SUMMARY OF PROJECT
Schmit Towing The petitioner, Ms. Schmit, is seeking a text
Sue Schmit amendment to add language to the M-1, Light
9243 Id Avenue NE Industrial zoning district; that would allow
Fridley MN 55421 towing services by a special use permit.
Requested Action: In addition, Ms. Schmit is also seeking a special
Text Amendment to add "towing use permit to allow a "towing service business
services" as a special use permit in the in the M-1, Light Industrial zoning district,
M-1, zoning district. located at 92 43`d Avenue.
Special Use Permit to allow a "towing SUMMARY OF ANALYSIS
service business" in the M-1, zoning City Staff recommends approval of the text
district. amendment.
Existing Zoning: • Use is consistent with the purpose and
M-1 (Light Industrial) intent of the M-1 zoning code.
Location: • Use is compatible with other uses
92 43`d Avenue NE permitted with a special use permit in
Size: this district.
86,525 sq. ft. 1.99 acres City Staff recommends approval of the special
Existing Land Use: use permit, with stipulations.
Industrial CITY COUNCIL ACTION/ 60 DAY DATE
Surrounding Land Use & Zoning: City Council —January 4, 2010
N: Industrial & M-260 Day — January 11, 2010
E: Industrial & M-1 1St Reading for TA—January 25, 2010
S: Single Family (vacant) & R-1 2nd Reading for TA— February 8, 2010
W: Industrial & M-2 60 Day Extension Date — March 12, 2010
Comprehensive Plan Conformance:
Consistent with Plan ,'
Zoning History:`
Lot hasn't been platted.
1963 —Warehouse constructed.
1982 — Shed constructed.
Legal Description of Property:
See attached.
Public Utilities:
Building is connected.
a
Transportation: '
The property is accessed by 43`d
Avenue, off of Main Street.
Physical Characteristics:
Property consists of a building, hard Existing Property
surface parking area, with landscaping. Staff Report Prepared by: Stacy Stromberg
TA #09-02 and SP #09-19
REQUESTS
The petitioner, Ms. Schmit, is seeking a text amendment to add language to the M-1, Light
Industrial zoning district; that would allow towing services by issuance of a special use permit.
In addition, the petitioner is requesting a special use permit to allow a towing service business
in the M-1, Light Industrial zoning district, located at 92 43'd Avenue.
SITE DESCRIPTION
The subject property is located on 43`d Avenue, west of iui
Main Street. The property is zoned M-1, Light R
Industrial. The properties north, west and east also
have an industrial zoning, and the property to the south
is zoned R-1, Single Family. The Single Family k
property is vacant land that is owned by BurlingtonK� -° E-- -
Northern Santa Fe. The subject property is 1.99 acres
is size and was developed in 1963, with the
construction of the 8,234 square foot building. In 1982,
a shed was constructed on the property. In 1989, a
special use permit was issued to a landscape business
to allow the outdoor storage of landscape materials and
construction vehicles.
EXISTING USE
Schmit Towing has been operating a towing service L,,
business out of the subject property since 2006. They -
primarily tow and transport vehicles for dealership,
municipalities and the general public. According to the
petitioner, "Ninety percent of our business is towing and transporting vehicles off site, not to our
site. Occasionally it is necessary to keep said vehicles on our lot for a limited period of time,
however most vehicles are gone within 48 hours. A few times a year, a vehicle may be on site
for up to 45 days at the most. We do not perform junk yard service, nor do we dispose of
vehicles on our property. Vehicles are picked up by the owner, picked up or towed for an
insurance company or towed to an appropriate disposal facility."
It recently came to the City's attention that this type of business is not allowed in an M-1, Light
Industrial zoning district. As a result, the petitioner is seeking the proposed text amendment
and special use permit.
TEXT AMENDMENT REVIEW
The petitioner is requesting a text amendment to add language to the M-1, Light Industrial
zoning district, which would allow "towing services by a special use permit. The City currently
does not allow this exact use in any of the zoning districts within the City. The City code does
however allow junkyards, repair garages, service station and other intense types of industrial
uses within our industrial districts with a special use permit. In that regard, a towing service
business would be much less intense and have very little impact when compared to some of the
other types of uses allowed in our industrial districts.
1
Compatibility with the Comprehensive Plan
The Future Land Use Map in the City's Comprehensive Plan guides the subject property and
the surrounding properties as redevelopment. Though is area is guided as redevelopment it is
intended that the properties involved in the redevelopment district would remain industrial. The
purpose of including it within redevelopment area was intended to suggest that there is a need
for updating of many of our industrial properties in this area. Industrial uses typically involve
wholesaling, warehousing, manufacturing, construction or service uses. While the proposed
use isn't as intensive as many industrial uses that could be permitted in this zoning district, the
proposed use would fit best within an industrial district.
Compatibility with the Zoning District
The petitioner business is located at 92 43rd Avenue, which is zoned M-1, Light Industrial. Of
particular importance when considering a text amendment is determining if the proposed use
would be consistent with the purpose and intent of the zoning district in which it would become
allowable, and whether or not the proposed use would be compatible with other permitted or
special uses allowed within the district. As stated above, there are much more intense type
uses that are allowed within the M-1 zoning district, with a special use permit. Based on the
businesses surrounding the existing business, it seems very reasonable that this type of use
would exist without causing disruption to the neighboring properties.
Staff finds that a towing service use, where the businesses principal use is to tow, impound and
store motor vehicles would be consistent with the purpose and intent of the M-1 zoning district,
provided specific conditions are met. Staff has drafted an ordinance that would allow a towing
service use contingent upon approval of a special use permit provided the following conditions
are met:
(a) The storage aspect of said towing service operation shall be secondary, in terms of use,
to a principal building that houses a towing office, repair/maintenance facility for towing
fleet, and an interior storage area for a portion of the impounded collection of vehicles.
(b) The towing service site shall be located on a street with traffic volumes of less than
1,500 ADT (average daily trips).
(c) No storage of impounded or other vehicles associated with towing service business shall
be parked on street(s) adjacent to towing service facility.
(d) All storage shall be located in the side or rear yard of the towing service facility
(e) All areas where vehicles are to be driven, towed or parked shall be surfaced with either
asphalt or concrete and those parking areas shall have concrete curb and gutter of 66-
12 standard or a suitable alternative, approved by the City Engineer, surrounding their
perimeter.
(f) Areas where stored vehicles are intended to be parked shall be fenced, screened and
adequately lit from sunset to sunrise for security purposes. Lighting shall only include
shielded downcast fixtures.
(g) Parking stalls intended for storage of towed vehicles and towing truck fleet shall be
separated from those required by Code for customers and employees. Employee and
customer stalls can be in the side yard or front yard, but shall not be within the fenced
area intended for towed or impounded vehicles, or the towing fleet.
(h) No intercom system shall be used in the open yard area if site is directly adjacent to
residentially zoned property.
(i) No crushing, dismantling, or salvage of vehicles shall occur on the subject property.
(j) All towing operations whose storage yard is within 250 feet of a residential dwelling at
the time of issuance of the special use permit, shall be required to have limited hours of
2
yard operation, similar to the City's hours of power tool use and construction, which are:
7:00 AM to 9:00 PM Monday through Friday, 9:00 AM to 7:00 PM Saturday.
(k) Towing services shall not be located within a multi-tenant industrial complex.
Staff has determined that the above mentioned conditions are necessary for the proposed use
to meet the purpose and intent of the comprehensive plan and zoning ordinance. The storage
aspect of the towing service operation being secondary to the principal building and business
operation is very important as it requires that the primary portion of the business takes place
within the building and as a result the property doesn't become overcome with vehicle storage.
Storage of the vehicles in the side or rear yard is consistent with what we require of all of our
industrial properties. Requiring a condition that won't allow crushing, dismantling, or salvage of
vehicles to take place on the site, ensures the City that this property won't become a salvage
yard.
SPECIAL USE PERMIT REVIEW
Contingent upon the approval of the text
amendment to allow a "towing services" as
+,Rs
a special use in the M-1, Light Industrials
zoning district; the petitioner is also seeking ._ .
a special use permit to allow this type of use
to be conforming and located at 92 43Id b� �
Avenue. The existing property is 86,525
square feet (1.99 acres) and the existing '=w
building is 8,234 square feet. Since the _ .
petitioner purchased the property in 2006, 4 ;° + ,
they have made many improvements to the
site. They received a land alteration permit
to pave, curb and gutter a portion of they x k ,
rear of the lot to allow proper vehicle ,'k � '
storage. They also removed debris that 4 P
was left from the previous owner, painted
the building and installed new signage. They �� Y
interior of the building is used for office
space, light vehicle maintenance and
storage of vehicles.
As part of the approval of the special use
permit, the petitioner needs to meet the
conditions set forth in the proposed
ordinance language. Staff has determined '
that the petitioner's request meets the "
standards that are noted below, and how
they plan to meet those conditions is
highlighted below in italics and bold.
(a) The storage aspect of said towing
service operation shall be
secondary, in terms of use, to a principal building that houses a towing office,
repair/maintenance facility for towing fleet, and an interior storage area for a portion of
the impounded collection of vehicles. The existing building is the used for office
3
(dispatch), storage of vehicles and for light maintenance of the towing vehicles.
The storage of the towed vehicles is considered secondary to the principal use
(building) of the property.
(b) The towing service site shall be located on a street with traffic volumes of less than
1,500 ADT (average daily trips). 43rd Avenue only averages approximately 900 trips
per day. The reason for this condition is that allowing this type of use on a road
that has limited daily trips, eliminates the potential for vehicle conflict between
typical traffic and large commercial towing vehicles. Towing certain vehicles may
require maneuvering in the street that could disrupt normal vehicle traffic.
(c) No storage of impounded or other vehicles associated with towing service business shall
be parked on street(s) adjacent to towing service facility. The petitioner has stated
that they currently don't allow vehicles of any type to be parked on the street, so
they have no problem complying with this condition. This would be monitored
yearly by staff.
(d) All storage shall be located in the side or rear yard of the towing service facility.
Storage of towed vehicles is already being done in the side or rear yard. The
business trailers that are currently in the front parking lot will be moved to the
rear yard.
(e) All areas where vehicles are to be driven, towed or parked shall be surfaced with either
asphalt or concrete and those parking areas shall have concrete curb and gutter of 136-
12 standard or a suitable alternative, approved by the City Engineer, surrounding their
perimeter. Already completed on this site.
(f) Areas where stored vehicles are intended to be parked shall be fenced, screened and
adequately lit from sunset to sunrise for security purposes. Lighting shall only include
shielded downcast fixtures. The area where vehicles are currently being stored in
already fenced in. The petitioner does plan to add an addition fence this spring
between the east side of the building and the east property line, for additional
security purposes. The site is screened through the use of existing landscaping.
Existing lighting on the site is shielded with downcast fixtures.
(g) Parking stalls intended for storage of towed vehicles and towing truck fleet shall be
separated from those required by Code for customers and employees. Employee and
customer stalls can be in the side yard or front yard, but shall not be within the fenced
area intended for towed or impounded vehicles, or the towing fleet. The site meets
code requirements for parking and the rest of this condition is already being met.
(h) No intercom system shall be used in the open yard area if site is directly adjacent to
residentially zoned property. Petitioner has read and agrees with this condition.
(i) No crushing, dismantling, or salvage of vehicles shall occur on the subject property.
This is something that the petitioner is totally agreeable to, but will be required to
be monitored by staff yearly.
Q) All towing operations whose storage yard is within 250 feet of a residential dwelling at
the time of issuance of the special use permit, shall be required to have limited hours of
yard operation, similar to the City's hours of power tool use and construction, which are:
7:00 AM to 9:00 PM Monday through Friday, 9:00 AM to 7:00 PM Saturday. The
nearest residential property is 660 feet from the subject property.
(k) Towing services shall not be located within a multi-tenant industrial complex. The
subject property has a free-standing building.
While conducting an on-site inspection, staff noticed that the petitioner's free-standing sign
appears to be within the public right-of-way. The petitioner articulated to staff that their property
4
line actually extends into the street. The petitioner has agreed to verify the existing sign
location and submit a sign permit application for the sign.
Staff also reviewed the site to ensure that parking demands will be met as well as landscaping
requirements. Based on the breakdown of uses within the building, 2.5 parking stalls is
required based on 636 sq. ft. of office space, 2.6 stalls is required based on 1,072 sq. ft. of
maintenance space, and 3.2 stalls is required based on 6,526 sq. ft. of storage space. As a
result, code requires 8 parking stalls. The petitioner has 12 parking stalls dedicated for
employees and customers, which meets code requirements. The existing site has several large
mature trees, which not only provide a nice screening feature, but also add to the aesthetics of
the site. The large coniferous and deciduous trees on the site and the wooded open area in the
rear of the lot, allow the property to meet the code required landscaping requirements.
City staff hasn't heard any comments from neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of the text amendment.
• Use is consistent with the purpose and intent of the M-1 zoning code.
• Use is compatible with other uses permitted with a special use permit in this district.
City Staff recommends approval of the special use permit, with stipulations.
STIPULATIONS
i
Staff recommends that if this special use permit is granted, the following stipulations be
attached.
1. The petitioner shall comply with all the conditions set forth within the M-1 zoning district
code standards for a towing service business.
2. The petitioner shall verify free-standing sign location, ensuring that it's 10 ft. from the
property line and obtain a sign permit for the existing sign.
5
Ordinance No.
AN ORDINANCE AMEDNING CHAPTER 205, SECTIONS 205.17 ALLOWING A
"TOWING SERVICES" USE BY A SPECIAL USE PERMIT IN THE M-1, LIGHT
INDUSTRIAL ZONING DISTRICT
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Chapter 205 related to allowing a"towing services"use by a special use permit in the M-1,
Light Industrial zoning district be amended as follows:
SECTION 1.
That Section 205.25 be hereby amended as follows:
205.25 M-1, LIGHT INDUSTRIAL DISTRICT REGULATIONS
1. USES PERMITTED
C. Uses Permitted With a Special Use Permit
(14) Towing Service including those businesses whose principal use is to tow,
impound and store motor vehicles:
(a) The storage aspect of said towing service operation shall be secondary, in
terms of use to a principal building that houses a towing office
repair/maintenance facility for towing fleet and an interior storage area
foraP �ortion of the impounded collection of vehicles.
(b) The towing service site shall be located on a street with traffic volumes of
less than 1,500 ADT (average daily trips).
(c) No storage of impounded or other vehicles associated with towing service
business shall be parked on street(s) adjacent to towing service facility.
(d) All storage shall be located in the side or rear yard of the towing service
facility
(e) All areas where vehicles are to be driven towed or parked shall be
surfaced with either asphalt or concrete and those parking,areas shall have
concrete curb and Rutter of B6-12 standard or a suitable alternative,
improved by the City Engineer, surroundingtheir heir perimeter.
(f) Areas where stored vehicles are intended to be parked shall be fenced,
screened and adequately lit from sunset to sunrise for security purposes.
Lighting shall only include shielded downcast fixtures.
(g) Parking stalls intended for storage of towed vehicles and towing truck
fleet shall be separated from those required by Code for customers and
employees Employee and customer stalls can be in the side yard or front
yard but shall not be within the fenced area intended for towed or
impounded vehicles, or the towing fleet.
(h) No intercom system shall be used in the open yard area if site is directly
adjacent to residentially zoned property.
(i) No crushing dismantling or salvage of vehicles shall occur on the subject
property.
(j) All towing operations whose storage yard is within 250 feet of a
residential dwelling at the time of issuance of the special use permit, shall
be required to have limited hours of yard operation similar to the City's
hours of power tool use and construction which are: 7:00 AM to 9:00 PM
Monday through Friday 9:00 AM to 7:00 PM Saturday.
(k) Towing services shall not be located within a multi-tenant industrial
complex.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS —
DAY OF 92010
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: January 4, 2010
First Reading: January 25, 2010
Second Reading: February 8, 2010
Publication:
Reason for change:
Schmit Towing, Inc. tows and transports vehicles for dealerships,
municipalities and the general public. 90% of our business is
towing/transporting vehicles off site, not to our site. Occasionally it is
necessary to keep said vehicles on our lot for a limited period of time. The
time period can range from one day to 45 days. Most of the vehicles are
gone within 48 hours, additional vehicles by 20 days and a couple of times
per year a vehicle may be on site up to 45 days. We do not perform junk
yard service, nor do we dispose of vehicles on our property. Vehicles are
either picked up by the owner, picked up or towed for an insurance company
or towed to an appropriate disposal facility.
We are flanked on three sides by railroad property and on the fourth side by
a 30-foot high wooded hill. Our facility is secure, lit, fenced, screened and
properly curbed, guttered and paved per city code. Our business and
temporary storage of vehicles will not affect the citizens of Fridley
positively or negatively. Our immediate neighbors, Acme Metal and BNSF
Railroad, are aware of our operation and we work well together as
businesses operating in the City of Fridley.
It is imperative to our business that we have the capability to store cars for a
limited period of time.
Thank you.
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CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(763) 572-3592
COMMUNITY DEVELOPMENT DEPARTMENT
�PPLICATION FOR:
Text Amendment
PROPERTY INFORMATION:
Address: ri d t2 ni h .
Property Identification Number: - a no
-
Legal Description: Lot_ Block -- TractlAddition ,
Current Zoning: Square footage/acreage:
Reason for Text Amendment: -
Section of Zoning/City Code to be Changed:
(Attach requested language) Reason for Chan� e: ,1 7 C-
'�
Have you operated a business in a city which required a business license?
Yes No'— If Yes, which City? —
If Yes, what type of business?
Was that license ever denied or revoked? Yes No —
FEE OWNER INFORMATION (as it appears on the property title)
(Contract purchasers: Ape owne m st tpa-'
this form prior to processing.)
NAME: n'1 �2;� ES
ADDRESS: T, (act Q
DAYTIME PHONE: SIGNATURE/DATE• I
PETITIONER INFORMATION
NAME: kt ,
ADDRESS: M if
DAYTIME PHONE.-7L63-9Sr3-1,5tof3 SIGNATURE/DATE: p
/Y,V/YVVI/NV1YMIr/./N/V/YN/V/YN/V/Y/r/V/YIV/V/VIVN/W✓/.I/V1V//IVV/V/V//N/I/V//IVAHV/V.VIVID//VIVN/V/./iVA/SVA/N,Y/A/A/A/,VIVMAIIr1VV/.I/MVIVIV
FEES
Fee: $1,500.00 Text Amendmen
Application Rymber: �q-oA Receipt#: Received By:
Scheduled Planning Commission Date: - O
Scheduled City Council Date: 1q-10
15 Day Application Complete Notification Date: I i-
60 Day Date: I - fl
F
OF FRIDLEY
UNIVERSITY AVENUE
LEY, MN 55432
) 572-3592
COMMUNITY DEVELOPMENT DEPARTMENT
SPECIAL USE PERMIT APPLICATION
PROPERTY INFORMATION: (certificate of survey required for submittal, see attached)
Address: + i ` a
Property Identification Number:
Legal Description: Loth_ Block Tract/Addition
Current Zoning: - Square footage/acreage: uctcA
Reason for Special Use:
Have you operated a business in a city which required a business license?
Yes No-�— If Yes, which City?
what
If Yes, type of business?
Was that license ever denied or revoked? Yes No
FEE OWNER INFORMATION (as it appears on the property title)
(Contract pu hasers: fee owners must sign this form prior to processing.)
NAME: ' ! P, rt �. F-� -r.-I-P 1 ,1_�'
ADDRESS: � ,
DAYTIME PHONE: t '3 do-f,ZS SIGNATURE/D T
PETITIONER INFORMATION
NAME: ; {-
ADDRESS: q.2 f fn K3
DAYTIME PHONE: -I SIGNATURE/DATE:
V.V A./V N,V/V N.V..A..V.V H.V A.I.IYr/V N.V.V.V.Y./r.V.rN.V NN.V IVrV.V.V N.V.Vti'..A..V.V.VNA./rN/./NIVN.VN.V.V.V AIIV1Y.V/../V/V.V.`rN.r.V.V•.rN.V.V iV rV
Section of City Code:
FEES
Fee: $1,500.0o
Application Numbe : -O - q Receipt#: 0 S Received By:
Scheduled Planning Commission Date: _ I
Scheduled City Council Date: I -y_ In
15 Day Application Complete Notification Date: a
60 Day Date:
CITY OF FRIDLEY
PUBLIC HEARING NOTICE
BEFORE THE PLANNING COMMISSION
TO: All property owners/residents within 350 feet of property, generally
located at 92-43`d Avenue NE.
CASE NUMBER: Text Amendment, TA 09-02
APPLICANT: Schmit Towing
Petitioner or representative must attend the Planning Commission meeting.
PURPOSE: To add language to the M-1, Light Industrial Zoning District Code
that would allow towing services by a special use permit.
LOCATION OF 92-43` Avenue NE
PROPERTYAND
LEGAL The legal description is on file and available at the City of
DESCRIPTION: Fridley Municipal Center.
DATE AND TIME OF Planning Commission Meeting:
HEARING: Wednesday, December 16, 2009, 7:00 p.m.
The Planning Commission Meetings are televised live the night
of the meeting on Channel 17.
PLACE OF HEARING: Fridley Municipal Center, City Council Chambers
6431 University Avenue N.E., Fridley, 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 December 9, 2009. The TDD# is 763-572-3534.
ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595.
*PROPOSED CITY The proposed City Council meeting Date for this item will be
COUNCIL MEETING Monday, January 4, 2010. *This date is subject to change
DATE depending on the outcome of the Planning Commission
meeting. Please confirm City Council date prior to attending
City Council meeting.
Publish: December 3, 2009
CITY OF FRIDLEY
PUBLIC HEARING NOTICE
BEFORE THE PLANNING COMMISSION
TO: All property owners/residents within 350 feet of property, generally
located at 92-43rd Avenue NE.
CASE NUMBER: Special Use Permit, SP 09-19
APPLICANT. Schmit Towing
Petitioner or representative must attend the Planning Commission meeting.
PURPOSE: To allow a towing service business in an M-1, Light Industrial Zoning
District.
LOCATION OF 92-43ra Avenue NE
PROPERTY AND
LEGAL The legal description is on file and available at the City of
DESCRIPTION: Fridley Municipal Center.
DATE AND TIME OF Planning Commission Meeting:
HEARING: Wednesday, December 16, 2009, 7:00 p.m.
The Planning Commission Meetings are televised live the night
of the meeting on Channel 17.
PLACE OF HEARING: Fridley Municipal Center, City Council Chambers
6431 University Avenue N.E., Fridley, 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 December 9, 2009, The TDD # is 763-572-3534.
ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595.
*PROPOSED CITY The proposed City Council meeting Date for this item will be
COUNCIL MEETING Monday, January 4, 2010. *This date is subject to change
DATE depending on the outcome of the Planning Commission
meeting. Please confirm City Council date prior to attending
City Council meeting.
Publish: December 3, 2009
CITYOF Community Development-Department
FRIDLEY Public Hearing Notice
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SOURCES
Fridley Engineering Text Amendment Request,TA#09-02& N
Fridley GIS Special Use Permit Request,SP#09-19
Anoka County GIS Petitioner: Schmit Towing w E
Located at: 92 43rd Avenue NE
Map Date:November 30,2009 S
URRENT
CURRENT CCUPANT KANEB PIPELINE PARTNERS LP 25 44TH AVE NE PANT .
NE P O BOX 696000
FR I Y, MN 55421 SAN ANTONIO,TX 78269-6000 FRIDLEY, MN 55421-2502
GENERAL MILLS INC CURREN OCCUPANT BU BOX TO 8 ORTHERN SANTA FI
NE
MPLS, MN 55440-0000 FRI -0089
9200 WAYZATA BLVD EY, MN 55421 FORT RTH,TX 76161
CURRENT OCCUPANT BURLINGTON NORTHERN SANTA FE JOHNSTON THOMAS F
NE PO BOX 961089 98 43RD AVE NE
FRIDI,l�1(, MN 55421 FORT WORTH, TX 76161-0089 FRIDLEY, MN 55421-0000
M &A REAL ESTATE LLC NERRE T OCCUPANT BURLINGT N NORTHERN INC
92 43RD AVE NE PO BOX 1089
FRIDLEY, MN 55421-2605 FRI EY, MN 55421 FORT RTH,TX 76161-0000
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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 December 16, 2009, at 7 : 00 p.m. for the
purpose of :
Consideration of a Text Amendment, TA #09-02 , by Schmit Towing,
Inc . , to add language to the M-1, Light Industrial Zoning
District Code that would allow towing services by a special use
permit, the legal description is on file and available at
Fridley Municipal Center, generally located at 92-43rd 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
December 9, 2009 . The TDD number is 763-572-3534 .
The proposed City Council meeting date for this item will be on
January 4, 2010 . *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: December 3 , 2009
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 December 16, 2009, at 7 : 00 p.m. for the
purpose of :
Consideration of a Special Use Permit, SP #09-19, by Schmit
Towing, Inc . , to allow a towing service business in an M-1,
Light Industrial Zoning District, the legal description is on
file and available at Fridley Municipal Center, generally
located at 92-43rd 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
December 9, 2009 . The TDD number is 763-572-3534 .
The proposed City Council meeting date for this item will be on
January 4, 2010 . *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: December 3 , 2009
CITYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432
(763)571-3450 • FAX(763)571-1287 • TTD/TTY(763)572-3534
November 24, 2009
Schmit Towing -
Sue Schmit
92 43`d Avenue NE
Fridley MN 55421
Dear Ms. Schmit:
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 Text Amendment and a Special Use Permit on November 13, 2009. This letter
serves to inform you that your application is complete.
Your Text Amendment and Special Use Permit application hearing and discussion will take
place at the City of Fridley Planning Commission Meeting on December 16, 2009 at 7:00 P.M.
in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council is
scheduled to hold a public hearing on your Text Amendment on January 4, 2009. The City
Council will hold the 1st Reading on the Text Amendment on January 25, 2009. Lastly, the City
Council will hold the 2nd and Final Reading on your Text Amendment and final action on your
Special Use Permit on February 8, 2009. Please plan to be in attendance at all of the above
referenced meetings.
If you have any questions regarding this letter or the process, please feel free to contact me at
763-572-3595.
i cerely,
mberg
City Pla er
cc: M&A Real Estate LLC
92 43rd Avenue NE
Fridley MN 55421
Memorandum
Planning Division
DATE: December 10, 2009
TO: Fridley Planning Commission
FROM: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
SUBJECT: TA#09-04 Pertaining to Commercial Permitted Uses and Exterior Storage
Background
Over the past several years, staff has noticed various text corrections that are needed in the C-2,General
Business District, and the C-3, General Shopping Center District. These corrections are needed to remove
antiquated terms, to clarify the intent of certain sections, and to remove some text that was missed in a
previous text amendment. Rather than place all of these minor changes in individual text amendments
that would have their own separate public hearing, staff has placed all of the text amendments in one
ordinance with seven sections. Following is the breakdown of each section of the proposed ordinance
preceded by a summary of why the text change is needed.
Section 1
The text change to the C-2, General Business District, zoning code text replaces the outdated term of
lodges with fraternal organizations. The term lodges was never defined in the definitions section of the
zoning code but fraternal organizations is, so it is a better term to use when referring to organizations
like the Knights of Columbus or the Lions Club.
Section 1: That Section 205.14.1, General Business District Regulations, of
the Fridley City Code be hereby amended as follows:
1. USES PERMITTED
A. Principal Uses.
The following are principal uses in C-2 Districts:
(1) All uses allowed under C-1 Principal Uses and CR-1 Principal Uses of this
Chapter.
(2) Office facilities, including general business offices, corporate headquarter
facilities and major employment offices.
(3) Theaters, ledges fraternal organizations and assembly facilities not including
drive-in theaters.
Section 2
Minnesota Statute 340A.601, subdivision 5, does not permit cities like Fridley with municipal liquor to
license bars or taverns, so we are not sure how these terms made their way into Fridley's zoning code.
Since we are making other corrections, staff thought it best to make the correction to remove the terms at
this time.
Section 2: That Section 205.14.1, General Business District Regulations, of the
Fridley City Code be hereby amended as follows:
1. USES PERMITTED
C. Uses Permitted With A Special Use Permit.
(1 21) Arcades.
(remainder of section renumbered accordingly)
Section 3
It recently came to staff's attention that the exterior storage language in the C-2 zoning code section did
not read correctly. Staff concluded that the word or was missing from the second paragraph of that
section of code. This wording is consistent with how staff has been interpreting the section for years.
Section 3: That Section 205.14.7, General Business District Regulations, of the
Fridley City Code be hereby amended as follows:
7. PERFORMANCE STANDARDS
B. Exterior Storage.
(1) Nothing shall be stored in the required front yard.
(2) All materials and commercial equipment shall be kept in a building or shall be
fully screened, so as not to be visible from any public right-of way or adjoining
property of a different district.
Section 4
Another correction needed in the C-2, General Business District, zoning code language is in the
screening requirements for businesses. In 1999, a text amendment was approved by the City, which
limited where merchandise could be displayed for sale outdoors at automotive service stations. This
change was made in the special use permit section of the C-2 and C-3 code, but a change also needed to
be completed in the screening sections of the zoning code to be consistent as the 1999 text amendment
eliminated the ability to store merchandise at the service pumps. Also,the words except where were
included in the C-3 code, but not in the C-2 code. Staff is recommending making these two sections
consistent.
Section 4: That Section 205.14.7, General Business District Regulations, of the
Fridley City Code be hereby amended as follows:
7. PERFORMANCE STANDARDS
D. Screening.
(1) Screening of off-street parking shall be required for:
(a) Any off-street parking area requiring more than four (4) spaces or
adjoining a residential district.
(b) Any driveway to a parking area of four (4) or more spaces is within thirty
(30) feet of an adjoining residential district.
(2) Where any commercial district is adjacent to a public right-of-way or across
from any residential district, the following requirements must be met:
(a) There shall be a five (5) foot sidewalk easement provided along the
property line.
Council may allow the applicant to delay the installation of the sidewalk, if
the applicant signs an agreement that it will be constructed when the City
requires the installation.
(b) There shall be a fifteen (15) foot planting strip located behind the required
sidewalk that is substantial enough to create a physical separation
between the public right-of-way and the commercial property.
(3) All trash or garbage storage receptacles must be located in the rear or side
yard and be totally screened from view from any public right-of-way.
Provisions must be taken to protect screening from vehicle damage.
(4) All raw materials, supplies, finished or semi-finished products and equipment,
not including motor vehicles, shall be stored within an enclosed building or be
screened on all sides from view from a public right-of-way or an adjoining
property by a fence or other approved screen which extends two (2) feet
above the highest item to be stored with the height of the fence not to exceed
eight (8) feet except where:-
(a) A Special Use Permit has been issued for open sales or display.
(b) Materials and equipment are being used for construction on premises.
Section 5
In the Principal Permitted Uses section of the C-3, General Shopping Center Zoning District, clarification
is needed. The way this section currently reads is not the intent of the code. The way it currently reads,
only a laundry or a dry cleaning business would be allowed as a stand alone business on a C-3 parcel.
The only other business allowed would be a sexually oriented business and then only if it was part of a
cluster of 3 businesses that require at least 100 parking spaces. This, of course, is not the intent of the
code. Simply adding the words one of in paragraph 2 will correct the text and make it read as intended.
In addition, since the City approved a reduction in commercial parking requirements a few years ago,the
minimum 100 parking space line is outdated. After running various calculations on possible development
scenarios on a 35,000(minimum lot size in C-3) square foot lot, staff found 50 parking spaces was a
reasonable minimum number.
Section 5: That Section 205.15, General Shopping Center District Regulations, of
the Fridley City Code be hereby amended as follows:
1. USES PERMITTED
A. Principal Uses.
The following are principal uses in C-3 Districts:
(1) Commercial laundry and dry cleaning establishments.
(2) All uses allowed under C-1 Principal Uses and C-2 Principal Uses of this
Chapter, provided they meet one of the following conditions:
(a) All uses are located within a shopping center building or a cluster of three
(3) or more uses using common or shared parking facilities, or
(b) The use facilities require a minimum of 488 50 parking spaces, or.
(c) Sexually oriented businesses as defined and regulated in Chapter 127 of
the Fridley City Code. (Ref. 966).
Section 6
This change keeps the C-3 permitted uses by special use permit code language consistent with the C-2
permitted uses. See the explanation above in Section 2.
Section 6: That Section 205.15.1, General Shopping Center District Regulations,
of the Fridley City Code be hereby amended as follows:
1. USES PERMITTED
C. Uses Permitted With Aa Special Use Permit.
(140) Garden centers or nurseries which require outside display or storage of
merchandise.
(remainder of section renumbered accordingly)
Section 7
This change is to keep the C-3 screening requirements consistent with the same section in the C-2 code,
as originally intended.
Section 7: That Section 205.15, General Shopping Center District Regulations, of
the Fridley City Code be hereby amended as follows:
7. PERFORMANCE STANDARDS
D. Screening.
(1) Screening of off-street parking shall be required for:
(a) Any off-street parking area requiring more than four (4) spaces or
adjoining a residential district.
(b) Any driveway to a parking area of four (4) or more spaces is within thirty
(30) feet of an adjoining residential district.
(2) Where any commercial district is adjacent to a public right-of-way or across
from any residential district, the following requirements must be met:
(a) There shall be a five (5) foot sidewalk easement provided along the
property line.
Council may allow the applicant to delay the installation of the sidewalk, if
the applicant signs an agreement that it will be constructed when the City
requires the installation.
(b) There shall be a fifteen (15) foot planting strip located behind the required
sidewalk that is substantial enough to create a physical separation
between the public right-of-way and the commercial property.
(3) All trash or garbage storage receptacles must be located in the rear or side
yard and be totally screened from view from any public right-of-way.
Provisions must be taken to protect screening from vehicle damage.
(4) All raw materials, supplies, finished or semi-finished products and equipment,
not including motor vehicles, shall be stored within an enclosed building or be
screened on all sides from view from a public right-of-way or an adjoining
property by a fence or other approved screen which extends two (2) feet
above the highest item to be stored with the height of the fence not to exceed
eight (8) feet except where:
(a) A Special Use Permit has been issued for open sales or display.
(b) Materials and equipment are being used for construction on premises.
Staff has not received any calls or questions regarding this text amendment from the public to date.
Staff Recommendation
Staff recommends approval,of course,of this staff initiated text amendment,TA#09-04,which is listed
in our 2009 Planning Division Goals and Objectives. The amendment would clarify incorrect language in
the code,which is critical now that the code is viewed online by the pubic on a regular basis.
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(763) 572-3592
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION FOR:
Text Amendment
PROPERTY INFORMATION:
Address:
Property Identification Number:
Legal Description: Lot Block ' Tract/Addition
Current Zoning: Square footage/acreage:
Reason for Text Amendment: t o 1 r' Ir yk`
I % M
Section of Zoning/City ode to be Changed: C' - �? a l�{ � ► �t-ry.
(Attach requested language) Reason for Change: c.iai, � +f, �` = of —e IUAct;&!4 4_
NI i t o:1 -rz rt..-'t rV P —
f kv,Z2 G n t �'t".G •
Have you operatedi business in a city which required a business license?
Yes No If Yes, which City?
If Yes, what type of business?
Was that license ever denied or revoked? Yes No
-----------------
FEE OWNER INFORMATION (as it appears on the property title)
(Contract purchasers: Fee owners must sign this form prior to processing.)
NAME:
ADDRESS:
DAYTIME PHONE: SIGNATURE/DATE:
PETITIONER INFORMATION
NAME:
ADDRESS:
DAYTIME PHONE: SIGNATURE/DATE:
FEES
Fee: $1,500.00 � h� l Text Amendment
Application Number: - 0 Receipt #: tib$_ Received By: �
Scheduled Planning Commission Date: 12-- tiv 6i
Scheduled City Council Date:
15 Day Application Complete Notification Date:
60 Day Date:
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 December 16, 2009, at 7 : 00 p.m. for the
purpose of :
Consideration of a Text Amendment, TA #09-04, by the City of
Fridley, to consider amendments to the General Business C-2
and General Shopping C-3 zoning districts to clarify uses
permitted and screening requirements in commercial districts.
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
December 9, 2009 . The TDD number is 763-572-3534 .
The proposed City Council meeting date for this item will be on
January 4, 2010. *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: December 3 , 2009