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PL 02/13/1969 - 31018'� � � PI.�NNING COI�IISSION MEETING FEBRUARY 13, 1969 PAGE 1 The meetiag was called to order by Chairman Erickaoa at 7:35 P.M. ROLL ,�ALL : Membera Present: Myhra, Mitteletadt, Erickeon, Jensen, Fitzpatrick Members Abeent: None Othere Preaent: City Manager �Iomer R. Ankrum, Engineering Aseistant Darrel Clark APPROVE PLANNIIVG COI�IISSION 1�IINUTES : JANUARY 30 1969 : MOTION by Jensen, seconded by Fitzpatrick, that the Planaing Coffiie�ion miauttes of Januarq 30, 1969 be approved. Upon a voice vote, all v�ti.ng aye, the motion carried unanimously. �''IVE PARRS � RECREATION COA�IISSION MINUTES; JAN[TARY 27 1969: MOTION by Myhra, seconded by Mittelatadt, that the Planning Co�iseion receive the Parke � 8ecreation Commiseioa miuutes of January 27, 1969. Upon a voice vote, all voting aye, the mo�ion carried unanimously. REC,�E7VE PLATS � SUBDIVISIONS-STREETS � UTILITIES SUBCOMMITI'EE 1�NUTES; FESBtTARY 6. 1969: MOTION by Mittelatadt, secoaded by Jeasea, that the Plaaning Commiasion receive the Plate b Subdiviaioae-Streets 6 Utilities Subco�rmittee minutes uf February 6, 1969. Upon a voice vote, all voting aye, the motion carried unaaimouslq. �iFCEIVE BIIILDING STANDA,RDS-DESIGN CONTROL SUBCOl�lITl'EE MINUTEg • FEgRUARY 11. 1969 : MOTION by Jensea, seconded by Fitzpatrick, that the Planning Co�ission receive the Building Staadarde-Deaiga Control Subco�ittee miautes of Febsuary 11, 1969. Upon a voice vote, all voting aye, the motion carried unanimouely. 1. � of Lot 30, North Half Lot 31, Auditor's 8-1 to B-3A. �E M. NELSON: North Half No. 129 -- rezone from • Mr. Nelson said he represented Burton Johnson, John Flaaery and Roger Johason. ge eaid that the south half of Lota 30 aad 31 on 73rd Avenue are zoned multiple dwelling and are across from the Oaan plant. The frontage of the north half of Lote 30 aad 31 is about 490 feet oa Onondaga Street, and at the preaeat time, the land ia uadeveloped. The improvementa are ia tlse etreet both on Ononda�a and 73rd. They would like to plan an apartment development on the total aite and were requesting rezoning faciag Onondaga Street the eame ae the south half of Lote 30 and 31. The public heariag notice was read by Chairman Erickaon. Plannin� Co�iasion Meetia� - Februarv 13, 1969 p8$e a ,.�� Robert Locker, 1601 Oaondaga Street: He presented a petition against the rezoning. 1�TION by Jensen, secoaded by Myhra, that the Planning Commiesion receive the petition presented by Mr. Locker and circulated by him dated February 13, 1969 oppoaing the rezonis�g requeet, ZOA �69-02. Upon a voice vote, all vating sye, the motion carried unanimously. Geor�e Hanson, 1476 Oaondaga St.: Ae aaid the petition juet presented represents pretty near everybody on that block. It includee nineteen home owners. They feel there is plenty of co�ercial and industrial that ie zoned caa�ercial aloag there without putting it out in a resideatial area. These people are buying their homes without laiawing the rezoning that is comiag about. Gordoa P. Gnasdoekey, 1491 Oaondaga St.: He said he lived on the East end of the park and felt that the park should remain the way it is aow. There ia a lot of children using it, and at the present time there is a lot of traffic all the time to that area. fle thought putting such a complex in a reeideatial area would be hazardous, aa far as traffic is concerned. He was againet the rezoning. , � The Engiaeering Assistant distributed maps of the area to the Co�►is- aioa. �e etreet shown through the ceater of Lots 4, S and 6, Auditor's Subdiviaion �108 was half way through the area, and he remtaded the Co�is- eion that Lot 5 was just reviewed. When asked if he could foresee any � probleme, the Engineering Assiatant said that thie pattern would be necessary , to develop the area into single family dwellings, but if the development would be in large pieces, perhaps there would not be any need for a street down the middle. ' Delphine Hentges, 1533 Onondaga St.: She asked how can they rezone when everyone is againat it. We would not have bought our places if we thought that they would rezone. We are all against it and juat the petitioner is for rezoning. If it goes through, then what? Chais�an Erickson said that aayone has the right to ask for whatever they want to do. The Council is the ultimate authority on it. The Council would have to say whether or not it would be rezoned. After the hearing before thia body, there will be another hearing before the City Council at which time the public is re-notified. Thomae E. Marxen, 773 83rd Avenue N.E.: He aeked if the cul de sac on Lote 5 and 6 would still go through and was informed the land has been dedicated and the street would. Then he asked what kind of street Onondaga would be. Chairman Erickson said he aseumed he was referring to the differ- ence between reaideatial and induatrial. Streets that have �ultiple dwellings do not have to have a heavier desiga. Mr. Robert Locker: I heard it mentioned that if it remains residential, a staeet would l�ave to be put through there. Why would it have to go through �..1 thereT Darrel Clark answered that perhapa some day they may want to divide their property into emaller lots. The plans we are looking at would provide access. All thie plan doea is to tell us where the street could go if they desire to put it in. Plannin� Co�iasion Meetinr� - Februa7rv 13, 1969 Par�e 3 Mrs. Joha R. Doyle, 1651 Onondaga St.: What kind of buildings did they '� plan to put on this land? Mr. Nelson aaswered that they did not have any specific kind in mind yet. 1�DTION by Myhra, seconded by Mittelstadt, that the Planaix�g Commiseion close the public hearing of ZOA �69-02, Geor�e M. Nelson, of the N� of Lot 30 and the N� of Lot 31, Auditor's Subdivision #129, to be rezoned fram R-1 to R-3A. Upon a voice vote, all voting aye, the motion carried unaaimously. MOTION by Mittelstad�, seconded by Myhra, that the request for rezoning, ZOA �69-02, George M. Nelson, of the N� of Lot 30 and N� of Lot 31, Auditor's Subdivision �129 from R-1 to R-3A be denied. Bill Finaerty, 5040 Oaklaad Ave., Mpls.: What right does the property owner have ia the event it is not usable for residential and could not be rezoned? The Chairn�an answered he did not think, for one thing, the particular cost for residential is prohibitive. He thought if the petitioner had aome facts that it would be a hardship, they could bring it to the Council. Mr. Finnerty then asked that, as far as the rezoning, how far can the objectioas come from. He was told that anyone had the right to voice their opinioa and that the City notifies ownera within 300 feet. � Mr. Mittelstadt said the reasons for his motion of denial were that there were 19 namea on the petition against rezoning and these people do not waat to see apartment complexes. He found no hardship in this case. He would agree to the rezoniag, but felt that in thia area, which is right next to major induatrial complex, it should remain aa is. He felt the proposed atreeta should be put in within the aext few yeara. The access is needed and should be put in. Mr. Myhra said he thought where there ia an induatrial area, apart�enta probably would serve a buffer purpose. We have that on 73rd Avenue now, and if we were to rezone the northern part of the lota, we are actually getting out of that categorq and are getting into aomethiag like spot zoning. The Chairman added that the use of the area ia substaatially aingle familq residences. He could not aee, at thia poiat, the need to rezone inasmuch as the Planning Co�ission receatly approved a lot split for sin�le femily resideace. He felt it ehould remain on R-1. Mr. Fitzpatri�k co�ented on the fact that many people at the �eting tonight are from McKinley and Lakeside which is further away. He wondered if there wae a reason for thoae living closer not being present. Several members of the audience volunteered the info�ation that there were valid reasons for four of the neighbors not being present. Mr. Locker said that he was aew in the area in the paet two months. His . home was on Oaondaga and Lakeaide. He did not kaow aayone other than those �' right near him. He maved from St. Paul becauae of apartments and the traffic they generate. Plannin� Co��aion Meetin� - February 13, 1969 Pa�e 4 ^ Chairman Erickaon asked fox the vote on the MOTION, recoa�ending denial of the rezoning request. UPON A VOICE VOTE, ALL VOTING AYE, TEIE MOTION CARRIED UNANII�USLY. The audience were informed that this reco�neadation would go to the Cit�r Council oa Monday. The Couacil will or will not set a public hearing date. The petitioner may desire to continue it and he has that privilege. Hs may decide to withdraw. 2. PUBLIC HEARIlJG: REZONING REQUEST, ZOA �68-11, LOUIS MOMCHILOVICA: The West 47 feet of the South 120 feet of Lot 10, Auditor's Subdivieion ��88. Rezone from R-1 to R-3A. Chairman Erickson read the public hearing notice. Mr. Momchilovich brought a plaa of the area for the Planning Co�ission to study. Eugene Lang, 1132 Mississippi St.: His home is on the South side of Misaieaippi Street aad he has lived there 20 yeara. He asked if the property North of Missiasippi is zoned R-1, single family and wondered if commercial would be requested. The Chairman said there has been no request for anything other than �, what is requeated now. Mr. Mo�hilovich diecussed his plane with Mr. Laag. MOTION by Mitteletadt, seconded by Jenaen, that the Planning Ca�ission close the public heariag, ZOA �68-11,, Louis Momchilovich, of the Weet 47 feet of the South 120 feet of Lot 10, Auditor's Subdiviaion �88 to be rezoned from R-1 to R-3A. Upoa a voice vote, all voting aye, the motion carried unanimously. MOTION by Jeasen, aeconded by Mittelstadt, that the Plaaaing Commisaioa recammend approval of the rezoning�request, ZOA �68-11, Louis Momchilovich, of the West 47 feet of the South 120 feet of Lot 10, Auditor's Subdivieion ,�88, to rezone from R-1 to R-3A as it being the logical expanaion of the 8-3A zoning previously granted to Mr. Momchilovich allowing him to make better use of his property, and subject to the signature of the fee owaer. Opon a voice vote, all voting aye, the motion carried unanimously. The Chairman stated that the Plaaniag Commisaion should have the signa- ture of the fee owaer aince Mr. Momchilovich does not have the title to thie property. 3. PUBLIC �G: PROPOSED PRELII�IINARY PLAT. P.S. �69-01, BREN7.WOOD ESTATES, TBOMAS S. SWANSOPT: Rear 431.6 feet of Lot 35, rear 401.9 feet of Lot 33, 8evised Auditor's Sub-"-•ision �77. Chairman Erickeoa read the public hearing notice. ., Planniar� Con�ission I�Ieetinf� - Februarv 13, 1969 Pat�e 5 Mr. Swanson was present aad atated he would be glad to anewer aay ques- n tions. He distributed mapa to the Coflmission. The Plats & Subdivisions-Streets � Utilities Subco�ittee at their meeting of February 6, 1969 recoumiended approval of the Preliminary Plat with the stipulation that a 20 foot utility easement be pxovided fram the propoaed cul de sac East to East River Ro�d. Mr. Swanson volunteered he was not able to contact both partiea for the easements as yet. Benedict Novak, 115 71st Way N.E.: He said he owned Lot 34 which wae south and west of the propoaed prelimixiary plat. He has access to his property over a small road maintained by the school for deliveries to their building. He was worried about the assessments because of the south and east frontage. Darrel Clark said the school had sewer and water along the eouth line for the school which is not used by the residents in that area. If they used the lines, they would be assesaed. He had talked with Jim. Hedren who stated this idea was brought before them in 1961 of dedicating more right of waye The school boaxd now would like to see a topog map before final approval. Chairnian Erickson asked the Novak's if they plan to divide their lot and would the proposed prelimix�ary plat fit in with their future plans. n Mr. Novak said he did not kaow how much would be taken off for a road. If the proposal was for 25 feet, the south eide of his lot is the front yard and would not leave him enough land. Mr�. Novak said they come in off East River Road oa what used to be 71at, but now it is not exactly a street but an easemeat. Mr. Jeneen said the school board plows this easement to get supplies into the echool. Mr. Novak asked if he could have the cost of atreet, curb, sewer and water. Danel Clark told him if his property were divided into two lots facing 72nd aad the preaent house facing the propoaed north-south atreet, sewer aad water would be asaessed on frontage only. The street would be assessed aloag the frontage and one third on the side yard. His lot may be large eaough to divide into three parcels. Mx. Nwak said the street is 100 feet from the house and if you took anything more off for the street, there would not be enough left. 2lrr. Jensen told him that, depending what the action of the scbool board is, it might not be neceasary to ask for any additional right of way on the south side of his lot. There was a short diacussion regarding the present cost of asaessments. �..� The people living aorth of the proposed plat said they bought their property becauae they did not want to live in somebody's backyard. They couldn't afford more taxes eitheg. The wells and cesspoola have given tham ao trauble. Plannint� Co�issioa Meetiat� - Februazy 13, 1969 Pa�e 6 1�OTION by Mittelstadt, seconded by Jensea, that the Planning Co�nissioa �� table the diacussion on this public hearing, P.S. �kb9-01, uatil'the achool board makes appearaace thia eveniag. Upoa a voice vote, all voting aye, the motion carried uaanimously. 4. C�TTTN[TED REZOTiIIdG UEST : ZOA 8-13 i�'RLiJND ENTERPRISES INC ., CLARENCE NORDSTR�I APPLICANT: North 903 feet of East 3 4 of NF.� of NF.� of Section 13 (Parcel 10 aad 200). Rezone from R-1 to R-3A. Mr. Myhra said one of the questione to be answered wae that of utilitiea. Uanel Clark said he did check the capacity of both sewer and water and there would be no problem serving a complex of this multitude. Mr. Myhra added that there was eame queetion about part of thie land being deeded to the City for park, and asked if the Planning Co�isaioa should be taking any kind of official actioa on this until they had some feeling fram the City in this regard ae the petitioner ie willin� to deed it. The Chairman of the Parlcs 6 Becreation, Mr. Fitzpatrick, stated there are areas West that are under consideration for parke and eame have alreadq beea purchased auch as the Fontaine and Iag Siverte.pascels. Mr. Jensen said it is importaat from the standpoiat of Rice Creek that the creek bottom be maiatained in its present form. It ahould not be ^ filied and no structure should be allowed to be built an that creek bottom where it would impede the flow of water. This channel is required to carry the water. It is really a trench because it has been eroded from time to time. There followed a discus�iou of the elevationa of the creek. Clark said that lookiag at t.lie topog, Central Avenue is 863 feet above aea level. The Co�ieaion discussed allowing ttte rezoaing of the land North of the creek and keeping the creek bottom and bluffe ia their exietiag condition. At this point, bir. Nordstram was asked to bring up his plana for dis- cuseioa aad studq. The Co�niBSion took an informal poll of the members to detetmiae what the feeling was as to the rezoniag iteelf beiag proper. Mr. Myhra said he was not really pleased with tha layout of the suggeated apartmeat complex. He added it does seem we have aa area about ae ideal for multiples ae we are going to fiad what with Oaan's oa the aorth. Chairman Erickson agreed. Mr. Jensea wondered about the road alang the New Brighton side. Darrel Clark said a road would not serve aay more lots, but would carry traffic from one eide of the creek to another. He had not heard of any plana to extend Stinson Boulevard. A diacuasion of the waterahed area of Bice Creek wae asked by Mr. Jensen. A d� could be put ia to hold the water up and a pand aear Central Aveaue. The report of the flood plain in#g�tion eurvey, which will be done by the Corps of Engiaeera, will be `� '' ►`by the firat of Julq. Mr. Ankrum said that last qear we were aot included, but now we should be the � first one thia year. p L�-���'���-h �/2'i��� PlanaiiaA Co�ission Meetin� - Februarv 13, 1969 PB�e � Coatinuiag, Mr. Jensen said he thought it is important for the City to �` acquire creek bottoms when available and without being concerned by usefulnese as developed park. In the opinion of the Chai�man, the City should acquire bottam land, but not necessarily for park purposea. In answer to the questioa of the construction echedule, Mr. Nordetrom said he had beea to City flall a aumber of times and is ready to go ahead -_ fiaaacial committments have been made. Chairman Erickeon said that in order to get something mc�ving, he would euggeat that the property eouth of the 860 contour line be deeded to the City aad that no construction of reaidential buildinge be allawed belaw the 880 line. The City would be pravided with accese easemeats aeeded from the property. One of the objectiona by Mr. Myhra was the use of autamobile parkiag all the way around the complex for a buffer. Mz, Nordstrom said he would work oa that. It wae felt that a slope esee�nt should be requested eo that the 20 foot vertical bank of the creek would not be disturbed aad that the area north uf the 860 be the zoaing boundary. This would amount to about 1a7. of the whole area. Darrel Clark wandered if thie could be handled by agree�eat rather thaa easemeat. MOTION by Jeasen, seconded by Fitzpatrick, that the Pl�nin,g Co�ission �"� reco�ead apprwal of the rezoniag request, ZOA �k68-13, Ha�erlund Eater- prises, Iac., Clarence Nordstrom, Applicant, of the North 903 feet of the Eaet 3/4 of the NE'� of the NE� of Section 13 (Parcel 10 and 200) to rezone from R-1 to R-3� subject to the follawiag conditiona: That the petitioner agrees to aell to the City of Fridley the remainder of the total parcel South of the North 813 feet for the sum of oae dollar and other considerations as previously offered and that aa eaeement be pravided wer the South 160 feet of the North 813 feet for purposea of maiataining alope and that a euitable access easement be provided to the previously mentioned parcel which the City is to acquire, locatioa to be negotiated between the owner and the City. The Plaimi.�g Commieaion does aot feel that the plaa ae preaeated is necessarily a part of this action. It wae noted that the petitioner ahould be�granted �ough land to acco�odate 312 apartment unita at 2,500 �c�t�are feet per unit. Upon a voice vote, sll voting aye, the motion carried unaaimously. (3. �ublic_ Heari�,�; �rovosed Prelimiaax� Plat P S �69-01, Breatwood Estate�s) Chairman Er3ckeon co�eated that Mr. Jim Thayer and �r. Gordon Sangster, mea►bera of the school boerd were no1�0 preaent. A�TION by Mittlestadt, seconded by Jeasen, that the Planaiag Co�isaion remove from table the propoaed preliminary plat, P.S. �69-02. Mr. Thayer said it wae very difficult for him and Mr. Sangeter to make �..� a decision regarding the giving of an ea8emeat for road purposes. The achool site of Riverwood School is rather small and the property hae to be utilized to the fulleat. Any amount theq would dedicate to the City would reduce the playgrouad area. They would have to kaow what the apecific request Plaaain� Cammiesion Meetin� - Februa 13, 1969 P8$e g �,,,, is, what the amount of the assesamenta would be, and�on the basie of that, if it is what we want to do ia that area. � If you were talking of aligniag it with a portion of 72nd Aveaue, it will be an additional 22 feet, the Engineering Aeaietant said. In anewer to the queation of the eize of the cul de eac, he said that it hae a 50 foot radius. There could be flexibility where tum around would be located'to allow maximum use for echool purposes. Mr. Thayer said the easement to the aorth of the echool was used for delivery trucks. If the deliveries came to the front door� they would have to be carted to the back. The Chairman said he did not see haw the Planning Cauu�ission could allow a plat of this type to go in if there were ao way to get to it. The members of the school board requested a topog map for their study. They requeeted the matter be held up uatil March llth, the next meeting of the achool board wh� Mr. Hanaen will be back in tawn. They aeked that the Engineering Department make an approximation ae to how the property will be assesaed. It was euplaiaed by Darrel Clark that there would be more work im►olved in determining asseasments thaa the topog map. It would be very difficult to make an aesessment figure. There was a discuesion elaborating on thfa problem. � " �'�1 Mr. Jeasea believed that Council ehould require that the School be treated as theq would any other property awner. The School hae already put in water and aewer sesvices. MOTION by.Jeasen, seconded by Mittelstadt, that the Planning Co�issioa contiaue the public hearing, P.S. ,�59-01, Brentwood Eetates, Thomae R. Swaneoa of tt►e rear 431.6 feet of Lot 35 and r�ear 401.9 feet of Lot 33, Revised Auditor.'s Subdivisioa #77, to the meeting of March 13, 1969. Upon a voice vote, all votiag aye, the motion carried unanimously. 5. REZONIIJG REQUEST: ZOA �69-03, CO�Il�IITTEE OF FIVE N CRAIG JOffi�TSON: South of 79th Way between East River Road and railroad tracka. Confism public heasiag clate of February 27, 1969. 6. ��� I�TION by Mittelatadt, seconded by Myhra, that the Planning Co�isaion confism the public heering date of February 27, 1969 for the rezoning request, ZOA �69-03, Con�ittee of Five, AT. Craig Jobneoa, to rezone from C-2S and M-1 to R-3, the area south of 79th Way between Eaet River Road and the railroad tracks. IIpon a voice vote, all voting aye, the motion carried unanimously. The Commieaion were givea eight maps to atudq for a street pattern. The Plsania� Co�ission Meeti� - Februanr 13, 1969 Pa�e 9 ,� Eagineeriug Assistant said that Pattern �8 propoaed Main Street be extended southerly acrosa the open land and coaaect up with Co�erce I.aae and that the aervice drive constructed along Univereity Avenue be looped back away from the highway at Osborne Road and 79th Avenue. 1�TION by Mittelstadt, seconded by Myhraa that the Plaaaing Co�iasion recon�nend to Council the.alignmeat of Main Street from 79th Avenue south to 77th Avenue, thence �o the East and connect to Oeborne Road opposite Co�erce Lane, aad that a service drive be provided along the West eide of Univeraity Avenue with laopbacks at Osborne Road and 79th Avenue. Upon a voice vote, all voting aye, the motion carried unaaimously. 7. C�IUNICATION �AATED FEBRIIAItY 7. 1969. RODNEY BILLMAN RE NORTH INNSBRIICR ARFA• 1�TION by Mittelstadt, seconded by Fitzpatrick, that the Planaiag Coamiesion receive the letter from Mr. Rodaey Billmaa dated Febsuary 7, 1969. Upon a voice vote,. all voti�g aye, the motion carried unanimouely. 8. ADJOURNMENT • MOTION by Myhra, seconded by Jensen, that the Planning Co�iasion meetiag of February 13, 1969 be adjourned at 10:35 P.M. 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