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PL 08/22/1968 - 30140�'"� � �^ PLANNING COMMISSION August 22, 1968 SIGN IN SHEET � MAILING LIST NAME , Stanly L. Moritko Mrs. Stanly Moritko Mrs. Kerieyn Teigen Mrs. Wm. Forster Mr. Wm. Forster Thomas Christian J. T. Potts Stephanie Potts H. E. Walten Robert E. Venne Jack J. Yuhbet Don Hoff W. E. Peterson Mr. F� Mrs Curtis Walberg Gary A. Pearson Mrs. Kenneth Sporre Mrs. Florence Swanson John L. Happe Richard S, Zizlen William J. Young Nanette Young , Arlene Bartylla Tom Landowski Mr. � Mrs. Allen Lueck Mr. F Mrs. William Super Peter J. Lindberg ADDRESS 228 Ely St. N.E. 289 Ely St. N.E. 298 Ely St. N.E. 8026 Ruth St. N.E. 8066 Ruth St. N.E. 262 Ely St. N.E. 200 Hugo St. N.E. 229 Liberty St. N.E. 215 Liberty St. N.E. 223 Ely St. N.E,' 265 Ely St. N.E. 281 Ely St. N,E. 301 N.E. Ironton 3254 Arthur St. N.E. 3262 Owasso Heights 8080 East RiverRoad 8121 Ruth Circle N.E. 299 Liberty St. N.E. 289 Liberty St. N.E. 8000 East River Road 190 N. E. Liberty St. ' 3369 Louisiana Ave. So. �'.'HE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 22, 1968 The Meeting was called to order by Vice Chairman Erickson at 7:35 P.M. ROLL CALL: MEMBERS PRESENT: Myhra, Jensen, Erickson, Ylinen (Left at 10:15 P.M.) None APPROVAL OF PLANNING COMMISSION MINUTES OF AUGUST 1, 1968: MOTION by Myhra, seconded by•Ylinen, to adopt the Minutes of the Plannin� Commission Meeting of August 1, 1968 as presented. Upon a voice vote, there being no nays, the motion carried unanimously. PLATS $ SUBDIVISION - STREETS $ UTILITIES SUBCOMMITTEE MINUTES OF A G 1, The Engineering Assistant explained that the meeting had only been held the evening before, and although the rough draft of the minutes wes ready so that their motions could be noted during this meeting, the minutes were not ready in final form to be received. RECEIVING BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES OF UG S 1 968: MOTION by Jensen, seconded by Myhra, that the Minutes of the Building Standards Design Control Subcommittee Meeting of August 14, 1968 be received. Upon a voice vote, there being no nays, the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF AUGUST 7, 1968 MOTION by Ylinen, seconded by Jensen, ihat Board of Appeals Meeting of August 7, 1968 be vote, there being no nays, the motion carried ORDER OF AGENDA: the Minutes of the received. Upon a voice unanimously. Vice Chairman Erickson said that Item 4"Meeting with Planning Consultant, B.B. Chapman" will be carried over to.the next meeting as Mr. Chapman would not be meeting with the Planning Commission this evening. Mr. Erickson stated that in its place on the agenda the Commission would add the item, "Setting a Public Hearing Date for the Industrial Plat by Great Northern Railroad". He said that if there were no objections, the Commission could proceed with the agenda as outlined. PUBLIC HEARING: REZONE (ZOA #68-10 and ZOA �68-10A) TO P.D. - �OWARD DUMPHY: Lots 1-6, B1ock,A, Riverview Heights vacated street �.nd that portion of right-of-way of Minneapolis, Anoka and Cuyuna �#nge Rail Road Company lying between North line of Cuyuna Range Railroad Company lying between North line of Lot 4 and South line of Lot 1 extended, Lot 1, Block 2, Bourdeaux Spring Brook Addition Lot 32-35 Spring Brook Park Addition rezone from R-1 to P.D. � August 22, 1968 �l PAGE 2 Acting Chairman Erickson read the Notice of Hearing on request for approval of a Preliminary Development Plan. The Plannin� Comm- ission noted that the hearing on the rezoning request had been scheduled for 7:30 and the hearing on the Preliminary Plan scheduled for 8:00. Mr. Erickson reaa the Notice of Hearing for the purpose of consideration of a request by Howard Dumphy to rezone the des- cribed parcels which was the hearing to be held first. Mr. Erickson reviewed the actions leading up to the present meeting to bring the audience up to date. He said that a petition had been submitted to the City to rezone a portion of this area to Planned Development, and it was approved after Public Hearings by the Planning Commission and the City Council. He said that one part in question this evening, had been a part of the original layout but had been missed in the rezoning in some way or other. He asked Mr. Dumphy if there was anything he wished to add. Mr. Dumphy stated that he had just recently purchased Lots 34 and 35, Block 10 and had for quite some time owned Lots 32 and 33, Block 10, but somehow did not get included in the original rezoning. The other parcels are lots that he has purchased since the projects inception and are being added to round out the projects. Mr. Erickson reviewed what could be built in Planned Development, �rhich was any type of occupancy other than industrial. He said that many details, such as material, landscaping, parkin�, etc. has to be approved and are all part of the plan. Mr. Jerry Potts, 8066 Ruth Street Northeast, presented a petition to the P1 nning Commission oppossing the rezoning. He read the petition� o the Planning Commission � and stated that the people propose the area be left as it is. He said that 1000 of the people contacted had been against the rezoning. The Commission studied the petition. PETITION NOo 26-1968: THE UNDERSIGNED OPPOSE REZONING OF ANY PROPERTY BETWEEN LIBERTY STREET AND HUGO AND BETWEEN D AND RUTH STREET. THE ZONED INDUSTRIAL ALONG THE END OF ELY LIBERTY AND HUGO IS BA H TT TRAFFIC CONFUSION AND LARGE INCREAS I P FROM PLANNED DEVELOPMENT REZONING. WE PROPOS I B -1 MOTION by Mhyra, seconded by Ylinen, to receive Petition �26-1968. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Bill Forster, 298 Ely Street Northeast, said that he had contacted one of the larger banks in the Twin City area as to what happens to property values when you have an apartment complex close to you. He said that the bank had informed him that in most cases �'1t can lower property values by So to 10��. One reason being that the property is harder to sell, and they do not feel you can obtain as large a loan, so the value is lowered. �UGUST 22, 1968 PAGE 3 Mr. Gary Pearson, 291 Ely Street Northeast, said he had worked hard and had attended meetings to get street�and storm sewer improvements in, and now that they have just increased their property values with these �mprovements, he was totally against any form of planned development in the area. He said the property owners�will have an assessment of about $1,000, and with a 5% decrease in value, an average home will �ealize a loss of more than the improvement they have just put in. Mr. Pearson also said that the people in the area had understood that the concept was to be town houses, and he asked why there was a change in the type of building. Mr. Erickson asked him how long he had lived in the area. Mr. Pearson said he had lived there two years, and when he had asked the former owner, he was told the zoning was R-1. Mr. Robert Venne, 200 Hugo Street, asked if the original plat plan had included the areas now being requested for rezoning. Mr. Erickson explained that the area on Ruth Street was included on the preliminary plan, but had been omitted in the rezoning request. Mr. Venne asked if it had been included in the rezoning when it was sent on to the Council. Mr. Erickson said no, they had approved the rezonning on the legal description given. Mr. Venne asked what would keep Mr. Dumphy from coming back again with another little area for �hppovaHe said thatkMrn Dumphyhownedeallsthistproperty�except o�er- piece on Hugo Street which he had acquired since. Mr. Erickson said that any property owner can ask for rezoning. Mrs. Arlene Bartylla, 299 Liberty Street Northeast, said that she objected �o the traffic the apartments would bring. She said there were 30 children on the north side of Liberty already, and no playgrounds. She said shr would object to garages and garbage cans facing her home. Mr. Erickson saia that the garages will be on East River Road, and that the front of the apartments would be facing her home. Mr. Pearson said that many people did not get notices after the last meeting had been rescheduled because of the lack of a quorum. He also said that the people had originally undexstood that the con-� cept was to be townhouses, and many felt that this would be an im- provement for the area. He said that because of increased interest on the part of the property owners, they had found out that this was not the actual type of structure to be builto Mr. Allen Lueck, �000 East River Road, said that he noted that stores were going in with parking planned for 200 cars. He said that it was hard to turn off East River Road now and with 200 more cars, the residents will never get in and out. r'1 Mr. Erickson reminded the visitors that most of the area in question is already zoned Planned Development, and only three small parcels are being added - on Ruth Street in the upper northeast corner of the area; on the southeast corner of Hugo Street and East �AUGUST 22, 1968 PAGE 4 River Road, and a third parcel just south of that in the northeast corner of Fairmont Circle-East River Road. The rest is already zoned. Mr. Pearson asked if it was possible for the people at this meeting to request that this be rezoned to R-1. He said that with the Planned Development on one side and commercial on the other, this will be a ghet�o area in 20 years, and he would not want to live there. He said that if the present property owners could request rezoning to R-1 this may at least tie it up for a long time. The Engineering Assistant said that this would be a legal question on whether a petitioner could request a rezoning for property he does not own. A visitor asked if the change in zoning was put through because the people were erroneously mislead. Mr. Erickson said that th�s request had been conducted through a period of six to nine months, and nothing had been under cover. He said that hearings had been held and plans laid out for every one to see. Mr. Mhyra said that this is a two way proposition. For the Planning Commission to try to do careful planning, they need corresponding interest on the part of the community. He said he would resent someone saying the Commission had tried to sneak something through. He said that as a �ommission they try to get the people's impression, but if they stay away, the Commission does not know what t�ey are in favor of. Mr. Curtis Walberg, 265 Ely Street, said that if the only thing they were considering are the little extra parts of land, a 108 apartment complex could not be built on them and they should have to start over at the beginning for the whole area. Mr. Jensen pointed out that the Planned Development had already been approved, and the petitioner could have put parking on the one part he is asking be added to the PD District. Mrs. Moritko, 228 Ely Street, said she hoped the Planning Commission would turn down this request because they will cut down the trees, and fill in the area, or they will need a retaining wall, and this, she felt, would really drop property value. Mr. Erickson said that in a PD District the Council controls the plans. A visitor to the meeting asked why they were not going to put up townhouses. Mr. Dumphy said that Mr. Schroeder had suggested townhouses for Ruth Circle, but Mr. Dumphy had not agreed because the City of Fridley had to buy some of the property fo� a park. He said that if the park bond issue had passed, that parcel would have been included in park plans. He said that there had been a plan for a shopping center. in front, and they could not get financing because the back of the shopping center would face the townhouses. �Nir. Dumphy said that this land had been vacant for many years. He ,howed on the map where the commercial area had been before it was a PD District, He sa3d that an�thing could have been put 3n thexe. A yi.s3tox �ai.d th�t he had talked to hi.s Counc�lman, and h3s AUGUST 22, 1968 PAGE 5 � main concern seemed to be the taxes they could get for PD over R-1. The visitor said that this may help Fridley as a whole, but not the neighboring residents. Mr. Pearson asked what steps the people would have to take to see the property zoned R-1. Mr. Erickson said they could ask the City Attorney and he could tell them. A visitor asked how this could be rezoned when the Commission does not know what is going in. Mr. Jensen said that the purpose of PD is for better control. He stated that the petitioner is re- quested to submit a plan of what he is going to do and a great deal of information on material, lighting, parking. He said that the whole plan must be approved by the Planning Commission and City Council and public hearings held before it is approved, Mr. Erickson said that the request for approval of the Preliminary Plan was'the second hearing, and at present they were considering the rezoning request. Mr. Jensen said that the discussion should concern the zoning to PD of these three parcels, and when th�s is accomplished one way or another, then the Commission will proceed to the Public Hearing on the preliminary plan. He stated that one plan was approved by the Planning Commission and City Council, and it is being re- quested that changes relative to style of building, and the boundaries for the two parcels is bein� made, but there is no change in the number of units requested. Mr. Jensen said that when it was origin- �lly approved, he felt it was a good addition to the neighborhood �lan. Mr. Erickson said he did not think the Planning Commission should have to defend themselves. He said t�at they had gone through enough hearings on this project, and in his opinion, it did not hurt property values. Mr. Myhra said that if it was the traffic the people were con- cerned about, a traffic consultant had been called in with traffic counts and traff�c had been taken into consideration. Mr. Jensen said that the petitioner had been required to give an additional right-of-way on East River Road so that right and left turn lanes could be provided. Mrs. Kenneth Sporre, 301 Ironton Street N.E., stated she has been coming to meetings and would like to speak in defense of the Planning Commission and the Council. She said that the people com- plaining this evening should have been more active, and come and asked such things as why the children have to wait £or buses on East River Road, and why there is no park. She said she had been to the meetings and had never seen such detailed plans. She wondered how many people present knew what the actual plans looked like. Mr. Pearson said he lived right on Ely and Mrs. Sporre lived on Ironton which was a little ways away and she would not be affected, Mr. Jensen suggested that the first hearing on the rezoning be �losed, and they could continue the discussion during the pre- _iminary plan hearing. AUGUST 22, 1968 � MOTION by Jensen, seconded by Ylinen, to close the Hearing on Rezoning Request (ZOA #68-1- and ZOA 68-10A) by Mr. Howard Dumphy. There being no nays, the motion the Public Hearing was closed at 9:00 P.M. PA6E 6 Public as requested carried and Mr. Erickson said that the Commission had three courses of action: To recommend denial of the request, recommend approval of the request ox continue it to a later date. �Ir. Myhra said he would be in favor of continuing the hearing until the second portion of the hearing on the preliminary plan had been held. Mr. Erickson felt that�action should be taken on the first hearing before they went forward to the second hearing. The Commission members studied the map of the area, and discussed the three areas under consideration at the table. MOTION by Jensen, to recommend approval of rezoning request (ZOA #6$-10 and ZOA #68-10A) requesting a change in zoning of three parcels from R-1 to P.D. Mr. Jensen said that his feeling relative to the proposal is that in at least one enseoo the word, it pro� vides�the Planning Commission and City a opportunity to better serve the residents of the neighborhood by providing a� detailed pl�n and a buffer to the neighboring homes. He stated that under the previous zoning and under the zoning code of the City, if these lots were not in �D, they could have been used for purposes !',�ther than single family homes without the control which is allowed by the PD zoning. He said the lots could have been used for parking as part of the planned uses and no screening of any sort would necessarily have been required. He said that including it into PD zoning will allow the Planning Commission control to exercise their judgement and control over the use of the property. The motion was seconded by Mhyra. Upon a voice vote, there being no nays, the motion carried unanimously.. The audience was told that the recommendation of the Commission would go to the City�Council at tfieir meeting ber 3rd, and the public hearin$ will probably be set for Monday in October. PUBLIC HEARING: APPROVE PRELIMINAR'. PLANS FOR AREA P.D. unwnn i . � - - Planning of Septem- the second REQUESTED Acting Chairman Erickson had previously read the Notice of Hearing during the Public Hearing on the rezoning request. Mr. . Erickson explained that the Planning Commission had�held an infor- ma� meeting June 20th when guidelines had been laid out for changes requested in the preliminary plans for the P� area. The Engineering Assistant asked Mr. Dumphy if he had his plans on the commercial�plat. Mr. Dumphy said that there was the problem of getting the cart be- fore the horse, and he did ndt want to spend the money for commercial r"``�lans, if there was not going to be ground available. He said that �e did have a sketch of the building. Mr. Erickson asked if the Commission wanted to continue this hearing until the Council has acted on the rezoning. Mr. Dumphy said that he would like to present what they do~Jhave� ��+A $��cksQ�j s��.� that �� Could show the plot plan and exterior des�gn o�' the apartmen� buildings to the audience for their information, but there was no way that this could be �AUGUST 22, 1968 approved at this time. �AGE 7 Mr, James Solverso�, designer on the project, showed the plan tu the Commission and explained it to the people present. He said there would be a pool in the center of the complex �nd a general recreataon area. There would be plantings and shrubs as � buffer from the�street, He said the cars coming onto Ruth Street would be kept to a minimum, and most of them ��ul� use Liberty. He explained that the truck loading pYans for the commercial area are not final- ized, as they do not know what kind of businesses will be going in. He said that they have shown dedication of 24e to the Ciiy to wid�n Eas� Rivep Road. Mr.Solve�son showed the audience a picture of the exterior of the building o He said there will be 108 units with a combination of brick and stucco and a 5' recess for balconies. He then showed an interior plan of the bu%lding, Mr. Solverson told the Pl�nning Commission that after he had met with them, he had gone to the Council with the preliminary plan and they felt that the building did not have to be all brick, and left it more or less up to the designers on what they finally chose. Mr. Jensen said he still thought the brick should run to the ground. Mr. Ylinen asked �about their development schedule. Mr. Solverson 5aid that originally they had thought they would start in the fall, but now he was sure it would be spring. Mr. Pearson came to the front to look at the plans. He said that there will be junk cars sitting in the parking lo�s, blowing paper, and suggested there should be a 6' redwood fence as there would be no bufier. Mr. J. T. Potts, 8066 Ruth Street Northeast, said he was concerned about the slight change from the original. He said he looked out now on trees and a slope, but this plan is a changed grade and it will kill the trees. He and Mr. Pearson discussed the changes that will be made in the grade while studying the map. Mr. Potts asked if there was any requirements on the size of trees planted, Mr. Jensen said that the final plans will include these requirements. Mr. Potts was asked what he would recommend, and he said he thought ever�reens, with some size to them, along with deciduous trees for all seasons. Mr. Erickson said he agreed wiih the people on preserving the beauty, but pointed out to them th�t if the petitioner wanted, he could cu� all the trees down at present. He said that the Commission is trying to protect the neighborhood and �et the best thing possible for the areae Mr. Jensen said that one of the protections of PD is giving a plan that specifies exactly what tree, type and si�e is to be put in, and the certificate of � occupancy will not be issued until this is complied with or bonded for. Mr. Myhra said that there i� an approved plan that presumably the petition could go ahead with. He said that they have to keep �n mind that this is an amended plan. AUGUST 22, 1968 � PAGE 8 There was a discussion among the visitors present about whether Mr. Dumphy presently owned Lots 32, 33, 34 and 35. Mr. Erickson asked Mr. Dumphy if he did own the lots at the present time. Mr. Dumphy said that he owns Lots 32 and 33 and purchased Lots 34 and 35 in June, and although there is still some title work to be fin�shed, he could furnish a purchase agreement to the Council. A visitor asked if the plan is approved when the Planned Develop- ment District is app�oved. Mr. Erickson said no, that the design itself would have to be approved after the area is rezoned. If the Council approved the PD, they are not necessarily approving the preliminary plan. Before it can be approved, all requirements in the ordinance have to be complied with. The visitor asked if the whole plan has to be approved now that it was changedo The Assistant Engineer stated the new plan constitute� a change or more than 10� therefore a new hearing must be held before approval of the revised plan. MOTION by Ylinen, seconded by Myhra, to continue this public hearing on approval of preliminary plans for PD area as requested by Howard Dumphy until such time as the City Council has taken action on the rezoning request #ZOA #68-10 and ZOA #68-10A. The Commission said that the City Council Public Hearing would probably �'"by October 14th and this hearing would be continued on October 24, 1968. Upon a voice vote, there being no nays, the motion carried unanimously. VACATION RE UEST: SAV #68-15 PETER J. LINDBERG: 24 FOOT SERVICE DRIVE EAS EN : L in est o an ara le to ast iver Roa an Nort O MaSS1SSlpp1 Street : Mr. Peter J. Lindberg was present at the meeting. The Engineer- ing Assistant reviewed the minutes of the Plats and Subdivisions, Streets and Utilities Subcommittee Meeting of August Z1, 1968 recommending approval of the vacati�z request with the stipulation that the petitioner provide the City with 13 feet more right-of-way for East River Road making a total of 63 feet of right-of-way of the existing center line. The Engineering Assistant said �hat it has been determined the County will end up with 50 feet west of the center line as it is travelled today. He stated that the 13 feet to be dedicated, if it is vacated, will be in addition to the SO'. He said there will be four 12' aM�ving lanes and one 15' boulevard with sidewalks if constructed ta: lip outside the new right-of-way. MOTION b mendation of Subcommittee stipulation right-of-way �x�o nays , the LOT SPLIT y Jensen, seconded by Myhra, to concur with the recom- the Plats and Subdivisions, Streets and Utilities and recommend approval of the vacation request with the. that the petitioner prov�de the City with 13 feet more for East River Road. Upon a voice vote, there being motion carried unanimously. Ul1lUN �XCE St 1 � e�t� EST - L.S. #6�-13 ORVILLE RATLEY: LOT 30 Qt t e Qart or e icate street over Sou � roms- n AUGUST 22, 1968 PAGE 9 Mr. Orville Ratley was present at the Meeting, The Engineering Assistant read the recommendation by the Plats and Subdivisions Streets and Utilit�es Subcommittee to approve the Lot Split with the interior lot to be 82' and the corner lot the balance or approximately 94 feet, and that the petitioner would be required to supply the City with the proper legal descriptions for the new parcels. Mr. Erickson asked Mr. Ratley if he owned this property. Mrm Ratley said he had bought it about 6 months ago from Mr. Hirsch. Mr. Jensen asked what the purpose is of the adjustment in the size of the lots. The Engineering Assistant said that this was to add • width to the corner lot. The Eng�ineering Assistant suggested that the Commission could concur in general with the idea of the lot split and Mr. Ratley would not have to come back to the next meeting, but could just bring in the survey. Mr. Jensen said that he felt the survey should be before the Commission before they take action on it. Mr. Myhra said that the next meeting would be September 12th which would give him plenty of time to bring the survey in. Mr. Ratley said he would like to get started getting the old building torn down. Mr. Jensen said that this could be started without the lot split. Mr. Jensen explained that our ordinance would �equire Mr. Ratley to pYat this property, but an exception can be made if ,�,the description is very simple. Mr. Ratley said he would bring his i'�,survey in to the Engineering Department. MOTION by Jensen, seconded by Myhra, to continue Lot Split request L,S. #68-13 as requested by Orville Ratley to the Planning Commission Meeting of September 12, 1968. Upon a voice vote, there being no nays, the motion carried unanimously. :::��.#d�-o� SETTING THE PUBLIC HEARING ON THE INIDUSTRIAL PLAT AS REQUESTED BY ,,,, . �, . .. �.- - - - - - - - _.d'•�-��..�.�rf, � d 9Y � The Commission looked at the plat. Mr. Erickson said that he had looked at the plans for the Plywood Minnesota plant that will be built in this plat. Mr. Erickson asked if the Plats and Subdivisions- Streets and Utilities Subcommittee has looked at this plat. Mr. Jensen said that they will be meeting next Thursday for an on-the- site inspection at 7:30 in the evening, and he invited the Commission to come if they would like to. The Commission discussed the date of September 12th for a public hearing. Mr. Jensen said that they would be ready by then in Plats and Subdivisions-Streets and Utilities. MOTION by Myhra, seconded by Jensen, to set the date of Septem- ber 12, 1968 as the Public Hearing on the Industrial Plat for the Great Northern Railway Company. Upon a voice vote, there being no nays, the motion carried unanimously. ^ AUGUST 22, 1968 n �"�� � � REVISIONS TO SIGN AND BILLBOARD CONTROL ORDINANCE: PAGE 10 Mr. Erickson suggested that the Commission hold this item over to their meeting of September 12th, at which time they will have more time to work on it. LETTER OF RESIGNATION FROM HAROLD ALBRECHT MEMBER OF PLATS � SUB- IVISIO S- R S U IL IES SUBCOMM E M TING: �` MOTION by M.y.hra, seconded by Jensen, to accept the resignation of Mr. Harold Albrecht. Mr. Myhra said that the Commission regrets the resignation of Mr. Albrecht who is moving away from Fridley, Upon a voice vote, there being no nays, the motion carried un- animously. ADJOURNMENT• There being no further business the meeting of August 22, 1968 was adjourned by Acting Chairman Erickson at 10:45 P.M. Respectfully submitted, Mary Lu Strom Acting Secretary to the Commission