PL 02/17/1971 - 31095�' PLANNING COMMISSION NEETING FEBRUARY 17, 1971
PAGE 1
The meeting was called to order by Chairman Erickson at 8:05 P.M.
ROLL CALL:
Members Present: Minish,
Members Absent : None
Others Present: Darrel
Zeglen, Erickson, Fitzpatrick, Schmedeke
C1ark, Engineering Assistant
APPRO�FE PLANNING COMMISSION MLNUTES: FEBi2UARY 3, 1�71
Mr: Zeglen called attention to an error on Page 8, the last sentence in
the third paragraph from the bottom of the page which stated "The area is
approximately 35,000 square feet or 1� acres,----". The sentence should read
"The area is approximatel;� 35,000 square feet and is zoned M-2 (heavy indust�cial).
This category requires 1� acres."
MOTION by Fi tzpatxick, seconded b� Zeglen, that the Planning Commission
minutes of February 3, Z97I be approved subject to the above correction. Upon a
voice vote, a1Z voting aye, the motion carried unanimously.
�-►.\ 1. CONTINUED PUBLIC HEARING: REZOrTING REQUEST�ZOA ��71-01, BY WYI�tAN SMITH FOR
, � VIKING CHEVROLET, INC.: Rezone from M-2 (heavy industrial) to C-2 (general
business areas) a parcel 600 feet in�depth along the centerline of proposed
83rd Avenue £rom R/W line of University Avenue and 1,675 feet North.from
centerline of proposed 83rd Avenue. Public Hearing closed at February 1,
1971 meeting.
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Representatives of the rezoning request present this evening were Wyman Smith,
Jerry Brady, Ray Wormsbecker and Rurt E. DeBorde.
The Engineering Assistant reported that he had talked with Mr. John Kessler,
of the Y.M.C.A. �aho rep.�rted that tfiere were no objections to the rezon�nt�.
Chairman Erickson said he spoke with Rev. McChesney, who acted on the Committee
for the Y.M.C.A., and he said he had no opinion nor objection.
A large City map, having the present zoning areas colored, was displayed
for reference.
Mr. Fitzpatrick said he did not feel C-2 was highly compatible with park
property, but neither would he consider M-2 to be.
Mr. Wyman Smith wished to canfirm th'e answer to the question raised at the
previous meeting regarding the sanitary sewer and the assessments if the sewer
line ran along 8�rd Avenue because the park would have no use for the seo�er.
He had met with *_he owners of the 120 acres to the South who were anxious to get
se�ver a.ncl�.�aterl;n�s and street put in, and he �aas certain he could �et a let�e�
from tnem to that eifect. There is no decision �et how the assessmen�s t�rill b�
made. If the sewer line were to come in lower than 83rd, �o out to University,
and then North, the park would not be assessed. There is the question of whether
or not to force the �anitary sewer to come in early.
/'."�
1� Comtniss.ion Me.etial ��'ebxuar . 17 1971 Page 2
Mr. Scfimedeke asked the opinion of tfie Cit.y in regard to this situation --
storm sewer, storm water and Fiow it would affect the City.
Darrel Clark answered that there is a creek that comes down across Ironton
and drains tliis area, No design has been made for.this area, but he assumed
tl�e creek would be used £or an outfall for tfie storm sewer system. There is a
good chance that other communities,such as Spring Lake Park and Coon Rap3.ds,
might be involved. A sanitary sewer could �e put on 83rd Avenue, or near 83rd
Avenue going East to University Avenue and then North. Once t�e plans are com-
pleted, tfie City would ask for easements. There is a sewer line running parallel
to the railroad tracks (Ease sidej from Osborne Road to the North City Limits.
There would have to be a lateral connection to serve 83rd Avenue. The m�C:�od
of assessing will be the same -- for storm sewer whatever area is being drained
will be assessed and the sanitary sewer where it is served. Ae said the land
owners were anxious to get the land opened up with sewer, water and streets
and the City would.work with the developer.
Mr. Schmedeke listed a few points regarding his thoughts of the rezoning
as follows: 1) Downgrading of present zoning, from M-1 to C-2. 2) Storm
sewer and drainage problems not solved. 3) Drainage includes a large area
and all property owners should be informed of the petition for sewer and water
and asked if they wish to participate in the project. 4) City must be prepared
to serve properties before the application is made. 5) Believed it wu.; the
City's duty to suggest sites already served by sewer and water. 6) Tax base
is not a good ane for the City. 7) Located in the area of one of our future
parks plus a recreational type of facility, proposed Y.M.C.A. 8) This is more
or less one person's opinion of what should be done. The lots should be developed
�� in this area in a practical area study, preferably from the South going North,
and possibly define the type of building.F He would not hesitate to invite the
Viking people into the City if they were in the proper location.
Mr. Fitzpatrick wondered if the reason was ever given why this was the
area these people wanted rather than the one South.
Mr. Smith answer that this was the property offered under option. Property,
he added, is a funny thing. You have an owner and buyer. One of the fac�ors
in the choice of this property was the distance from other Chevrolet businesses.
The site had to be approved by regional offices of General Motors and Detroit.
If they do not get this 1and, unless there would be another seller offering land
that would suit them, he thought they would go out of Fridley and go North. He
had talked to a n�ber of people and they agreed that one of the things Fridley
lacked is a good automobile agency. He thought tIie plans for Viking were
attractive. The Viking people picked out this area, they could have been closer
to Bob Schroer, but they would be different owners. An advantage of this property
is the high rise in the center portion of the parcel which would cut down the
amount of excavation work to be done and allow them to proceed at once with con-
struction. Tiney were going to apply to the City for some of the railroa:: dirt
to be used on the other two parcels they have. It seemed to him ther� was some
justification of the long strip. This does have a plateau that gets up pretty
high, and having title to the adjoining land, will maintain the integrity of the
land and view alon; University Avenu�. The sale was completed when th.e Viking
people contacted him, Mr. Sniith said.
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. Mr. Minish, referring to the statement of rezoning from M-2 to C-2 as being
downgrade, said that he looiced at it as just the reverse. The uses under M-1
and M-2 are less conducive to R-1 properties.
Planning Commission Meetin� - Februar� 17� 1971 Page 3
Chairman Erickson asked Mr. Fitzpatrick if, in his opinion, there would be
��"� a difference having the park next to C-2 property. Mr. Fitzpatrick fPlt there
was not a great deal of difference between some uses in M-2 and commercial. There
are some uses in M-2 that he would find more compatible next to a park. T�e
Planning Commission is being asked to rezone to commercial, and if there are
comnaercial areas still available in the City, we have to have in our minds a
reason for ag�roving it.
n.
Darrel Clark stated that if this rezoning went through, it could happen that
the whole area between here and Bob�s Produce would all be commercial.
Chairman�Erickson suggested the following criteria: Is this type of use
to the best advantage of the City or a� detriment? The depth of the property,
600 feet, certainly cannot be compared to spot zoning. The normal depth of a
lot is 150 to 200 feet. Is it desirable for the City to begin opening up this
area? Is it desirable, is it proper, or should the request be turned down and
hope for industrial property to be developed. He did not feel commercial was a
bad thing. If the area was opened in the North, it would continue developing.
If the City could not work out azi agreeable arrangement with all concerned, the
facility would have to operate on its own to provide a sewer. He thought that if
an industrial complex wished to come in the area, the City woulcl be hard put to
turn it down. A use of this type, that goes into that area, may give the City
m�re control through rezoning than in other allowed uses, such as a requirement
for dedication of service road. It is absolutely esser.tial to the traffic of
this community that the City gets a service road. Otherwise the Citq should
go in and get, if necessary, bq condemnation or agreement, the needed land.
Controlled access, Darrel Clark said, was on 81st, 83rd, �5th and 79th.
The access is opposite crossovers. However, 79th access is without a crossover.
There may be a problem trying to get a slip-off from the Commissioner of High-
ways on the northern boundary of Parce1.3000�
Mr. Fitzpatrick reviewed the stipulations mentioned so far: Dedication of
service road; northerly half of proposed 83rd Avenue be dedicateds possibility
of access road along the North line if there should be no way to go across the
Northerly edge of the prcperty going in a Westerly direction; dedication to
the North line of the driving range. Slip-off ramp better than a service road.
If no other way because of the Y.M.C.A., have an easement to run in Westerly
direction to give access.
Mr. Smith said there were no dedications now until the driving range is
reached, which is at the Southerly portion of the property and that has been
aet aside with an agreement with Mr. Barbush that he would give an easement.
Mr. Barbush owns the next portion up to 83rd Avenue and would be willing to
give that easement, a1so. From 81st Avenue, all the way across the frontage
of Barbush p-�perty and where the Agency p'ans to locate, would be a sert�ice
road. • . .
The Engineering Assistant pointed out that the driving range was approved
on a temporary 3 to 5 year basis.� If the service drive is developed before that
tia�e, th.e drivin� range would cease as a business because the Uuilding would
^ be on one side of the road and the driving range on the other.
Main Street, in this area, is 1200 feet from University Avenue, and has
been discussed. Main Street will be developed from Osborne Road to the North.
Mr. Barbush was contacted about how the City wanted to develop Main Street and
Plannin� Commission Meetin� - FebruarY 17� 1971 Page 4
it seemed to be agreeable with him.
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Chairman Erickson said that no matter what type of development goes in,
whether this or industrial, the Planning Commission�s recommendation to Council
should be that a slip-of£ ramp should not be permitted. Service roads must be
provided and 7.00pbacks could be used for a narking lot. He thought they ���ere
essential as tar as traffic was concerned, �ut a slip-off is a real hazard.
Traffic can go only one direction and this type of.business would generate traf-
fic. The people coming into this area from the North would have to go bacic to
the South to get back out. Somewhere in the Southern part there would be a
traffic tie up. He thoughtthe Planning Commission should not permit excess
access at crossovers to the highway which were designed to be limited access.
A service drive from the South would nQt do that and would not give a problem.
MOTION by Schmedeke that the Planning Commission recommend denia.Z of the
rezoning request, ZOA #7I-01, by Wyman Smith for Viking ChevroZet, Inc. for
the following reasons: Downgrade of City zoning, storm sewer and drainage
prablerrt, City should be prepared to serve propert� before obliga ting itself,
spot zoning, tax base, added police protection, Iocation too close to one of
the City parks; with anoiher referendum, the park area in the northern part of
the City would be extended.
The MOTION failed for Zack of a second.
MOTION by Minish, seconded by Zeglen, that the Planning Commission recoznmend
to Council approval of the rezoning request, ZOA #71-OI, by Wyman Smith for
�` TTiking Chevrolet, Inc. with the following conditions: I) Dedicate service
drive with Ioopbacks from the driving range North to Norfherly edge of Parcel
3fl00. 2) Ded�.cate 83rd Avenue from High�va� #47 to Main Street. 3) Dedicate
*fiP 0l'esterZ� 33 feet of Parcel 3QQQ and 360�.� 4j Recommend Council negotiate
or condemn for the extension of tfie service dr�.ve from ParceZ 3200 and not
�erm�t a�I.��<-off. Upon a voice vote, M�nish, Zeglen, Erickson and F'itzpatrick
votl;ng ar�e, S�chemedeke voti.ng na�� tfie motion carried.
Mr. MinisFi thouglzt tfiis was a significant type- for the development of this
propexty and is an appropriate use of tliis property. It is an area tfie Planning
Commia��Lon sI�uld c,�atch carefully as far as future zoning is concerned.
l�r. 1��t2patxick, Cfiairman of tfie Parks & Recreation Commission, added that
tI�.e Comm.ission always accepts gifts. of park property, especially property too
expensive to Tuy�
2. PUBLIC HEARING: REZONING REQUEST: ZOA 4�71-02, COLONIAL SERVICES CO.; To
rezone tfiat part of Block l, Fridley Industrial Park Plat 1 lying N.E,
of Hwy. �'E65 West Service Drive as now laid out and traveled from M-2 (heavy
industrial) to C-2 (general business). Located at the SW corner of Hwy.
�`65 and 73rd Avenue.
3. PUBLIC I3EARING: REQtTEST FOR SPECIAL USi. PER`'fIT, SP ��'71-02, BY COLONZA.L
SERVICES CO.: To locate a service station as per Section 45.101, 3E,�
� Fridley City Code in a C-2 District on that part of Block 1, Fridley Indus-
� trial Park Plat 1 lying N.E. of Hwy. ��65 West Service Drive as now laid
out and traveled.
Plannin� Commission Meeting - February 17, 1971 Page 5
� Chairman Erickson said that Items 4�2 an.d �3 would be considered together.
He, then, read the Publie Hearing Notices.
Mr. Minish disqualified himself and did not participate in the proceedings.
The following men were present to discuss the petition: Lance Norderhus,
Jerry McLaugh�in and Mickey Huddleton.
Mr. Norderhus opened the comments by saying the Colonial Services, Inc.
have been owners of the property for four years, and now were requesting to
rezone from M-2. to C-2. The area of the property is 35,000 square feet. M-2
requires 1% acres for a building site. The owners had no idea how it could be
developed light industrial. The best use they felt, as owners, was commercial
for C-2 zoning and their only prospect was a service station. This was the
reason for their request being twofold, rezoning and special use permit. Cham-
plain Petroleum Company would have a combination service station and groceries.
The design of the station does not include bays and no merchandise out front,
but does include groceries az�d other types of items which have to be kept inside.
Darrel Clark explai�ed that the blacktop area extended to the property
line. The City Code requires 20 feet of greening between the black�op and
property lir_e. �ao driveways are closer to the intersection than 75 feet as
provided by zoning ordinance. One,or both should be eliminated. Parking for
the staCion would be more than adequate with the possibility of space for 5 cars
in one area and 6 in another area and a few cars in the storage location.
� Ehairman Erickson wished the petitioner to understand that, regardless of
anq recommendation by this Body and Council of the plot plan, the request would
still have to go before the Building Standards-Design Control Subcommittee.
Mr. Norderhus said the vacated service drive becomes green area and land-
scaped,from the 75 foot right of way to the beginning of the curb.
Chairman Erickson stated that the Planning Commission should concern itself
with the r�zoning and use ra*her than the plot rlan and approval of the request
did not mean approval of the plan.
Darrel Clark added that the only other body this request would go to is
the Building Standards-Design Control Subcommittee and Council. The streets
as shown on the Preliminary Revised, January 25, 1971, Plot Plan, actually
exist.
Originally the property was 200 feet square and the dimensions along 73rd
Avenue did not change. When the service drive was vacated, it was dedicated
back to the owner. In order to get this loop back, two property owners were
involved, Target Warehouse and Taco Towne I.�ternational, Inc. and the Ci!;.
The City got some land from Target, Target deeded land to Taco Towne on the
South point of the plot. The right of way was taken from part of Taco Towne
and given to the City and a small triangle on the West portion was deeded to
Taco and Target. Target owns the property �aest of the service drive all the
way to the road that goes to Locke Park and Taco Towne the property to the loop
� back.
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Planning Commission Meeting - Februarv 17, 1971 Page 6
� MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission
close the public hearings of the Rezoning Request, ZOA #71-02, by CoZonial
Services Co. to rezone from M-2 to C-2 and the Special Use Permit, SP #7I-02,
by Colonial Services Co.�to locate a service station in a C-2 District on the
Southwest correr of Hray. #65 and 73rd Aveni•�. Upon a voice vote, aZ1 voting aye,
the motion carried unanimously.
MOTION by Fitzpatrick, seconded by Zeglen, that the PZanning Commission
recommend to Council approval of the rezoninq request, ZOA #71-02, by Colonial
Services Co. to rezone from M-2 (heavy industrial) to C-2 (general bvsiness)
and the Special Use Permit, SP #7I-02, b� Colonial Services Co. to Zocate a
service station as per Section 45.IOZ, 3E, Fridley City Code in a C-2 District
on that part of Block 1, FridZey Industrial Park Plat I Iying.Northeast of
Fighway #65 West Service Dri ve as now Iaid out and traveZed with the stipula-
tion that the second reading of the ordinance be held up until the plans are
approved and the service bays not be allowed until that time. Upon a voice
vote, aZ1 voting aye, the.motion carried unanimously.
Mr. Schmedeke felt that thiG was another case of down grading and also
another filling station in a loop back. Sowever, with the park being that
close and picknickers usually finding themselves short of wieners and marsh-
mallows, this was a point in favor of the request. He asked Mr. McLaughlin if
they could plan to use some black spruce as part of the lan.dscaping.
�''� The comment was made that as long as the driveway was not close to the
� building, it was not necessary to go to the Board of Appeals.
� .
4. RECEIVE PETITION N0. 10-1971: Request for acquisition of land located
betw�en Mississippi Street and Rice Creek Road and Stinson Boulevard and
Arthur Street (Richland, Inc., ZOA ��70-07) for Park purposes.
Vice Chairman Fitzpatrick assumed the Chair as Chairm.an Erickson had a
conflict of interest. The heading of the petition was read by Acting Chairman
Fi tzp atri ck . .
MOTION by Sch.�edeke, seconded by Minish, that the Planning Commission
receive Petition #10-I97I requesting acquisition by the City of land for Park
purposes located between Mississippi Street, Rice Creek Road, Stinson Boulevard
and Arthur Street. Upon a voice vote, a11 voting aye, the motion carried
unanimously.
Acting Chairman Fitzpatrick said this proposal is an ecological type of
investment for the City and not for recreation. The petition is for the entire
parcel described in the re�oning request,ot R3chland, Inc., ZOA ��70-07.
Mr. Schmedeke asked if the City should plan to acquire this property, would
they condemn. He felt condemnation usually didn't pay what the property is
worth.
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Planning Commission Meetin� - FebruarY 17, 1971 Page 7
���'� Acting Cfiairman Fitzpatrick said the possibility of the City actually con-
demning is highly unlikely. They can�t acquire anything under the present
financing for Parks. When the bond issue failed, the Park Department has to
work year to year by Council budget. This land is an area where there are no
recreational facilities,.and that is the chief inerit.
Mr. Schmedeke wondered if it would be reasible to develop this land for a
park when the City has so many other parks that need to be improved.
Darrel C1ark added that the area would be having several natural parks;
one about a quarter of a mile North, one site one half mile South of the land
in the Richland, Inc. rezoning request, Creek bottom and property donated by
Viewcon, Inc. The ecological type of .holdings are along Rice Creek where there
will be nature trails.
Mr. Minish felt that additional park land is always desirable, but should
be considered by the Committee f amiliar with the extent of our park land. Mr.
Zeglen felt Petition 4�10-1971 should be referred to-the Park Commission and
the Council.
MOTION by Minish, seconded by ZegZen, that the Planning Commission refer
to Parks & ltecreation Commission and Coancil Petifion #10-197I which requests
acquisition of land by the City for park purposes located between MississiFpi
Street and Rice Creek Road, Stinson Boulevard and Arthur Street. Upon a voice
qote, alI voting aye, the motion carried unanimously.
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� Chairman Eri�kson resumed the Chair.
5. RECEIVE PAItKS & RECREATION CONIMISSION MINUTES: JANUARY 25, 1971
MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission
recei ve the minutes of the Parks & Recreation Commission meeting of January 25,
1971. Upon a voice vote, all voting aye, the motion carried unanimously.
6. TWIN CITY JOINT CONFERENCE ON PLANNED UNIT DEVELOPMENT SPONSORED BY THE
METROPOLITAN COUNCIL: February 18, 1971.
Cha3rman Erickson said this meeting would be open to members of the Planning
Co�ssion if they wished to attend. The main speaker would be Dick Babcock,
Attorney and author of "Zoning Game". He has been on both sides of the question.
Other speakers were representatives of neighboring suburbs.
7, PLANNING COMMISSION:
"The Planning Commission is probably not doing the job it could do as far
as actual planning in the community", commented Chairman Erickson.. "This was
brought to a head by various actions the City Cc�uncil has taken the last couple
of years as far as passing ordinances which affect the use of lancl and never
coming down through the Planning Commission nor having a public hearing. Maybe
this Commission should either directly ask or indirectly ask to see if problems
Plannin� Commission Meeting - February 17, I,�71. � Page 8
like East River Road ali�nment should not be heard before the Planning Coanaission
�` and let the Planning Cammission submit a report and our own recommendations to
Cauncil. The publ.ic can't throw us out of office far our ideas. It would help
the Council get some of the political pressure off them.
"Change to the building code, such as one coming up March 1, 1971, which
has to do wit. the number of garages a per_: a has to build on a lot,.sho*'.d be
hea�d in public. Let it be heard here at the Planning Commi.ssion level and
let Council make the decision after that. It is unfair to the general public
to pass these ordinances without a public hearing on both sides of the question.
The Planning Commission sh.ould be the sounding board on thes� items.
"NoYa the City of Fridley is still operating under the 1967 Building Cude.
There �s a 1970 Building Cod.e. The City of Minneapolis and Bloomington have
adopted the 1970 Building Code with some change; Hopkins, no change. We are
still operating on one four years old. Since the Building Department daesn't
seem to be willing to push the Code, perhaps we should have a hearing. Let the
Bui.lding Department make sug�estions and pass their recommendations to Council
togeth.er with our own.
"The City of Minneapolis has the Building Department come in and suggest
changes that tTiey want to make to the Building Code. Publish noti�es of public
hearing and hear from all sides as to code and changes an3. then�recommend to
Council the adoption of the changes.
� Chairman Erickson eontinu�d, "The Planning Commission should have the
responsibility of reviewing changes in the Buildin�.Code and Zoning Ordinances.
�he3� should be able to call in the Suilding Department for their recommendations,
and, also, interested members of the public, and call a Public Searing if
_ necess ary . "
Chairman Erickson and the members of the Commission studied the ariginal
colored zoning map of the City of Fridley•with the present zoning map.
ADJOURI�MENT :
There being no further business, Chairman�Erickson adjourned the meeting
at 1Q:10 P.M. - �
Respectfu 1� submitted
, �
��- l�',��
Haz�I 0'Bria.n
Recording Secretary
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