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PL 06/09/1971 - 31101� PLANNING COMHIISSION MEETING JUNE 9, 1971 PAGE 1 The meeting was called to order at 5:00 P.M. by Chairmaa Erickson. ROLL CALL: Members Preaent: Miniah, Zeglea, Ericksoa, Fitzpatrick, Schmedeke. Members Absents Noae Othera Presentt Darrel Clark, Engineering Assiatant ORDEB OF AGENDA: Chairman suggested the folla�aing revision of the Agenda: Itam ��3 to be moved up to Item #1 with i�l, �2 and �4 following ia that order. APPROVE PLADTI+TING CO1�d�SISSION I�ffNUTES: MAY 19, 1971 71�TIC�t by Zeglen, secanded by Minish, that the PZannaf.ng Comrnission m3nutes of May 19, 1971 be approved. Upon s voiae vote, a11 voting aye, the mction carr3ed t�r�en.imonsZy . RECEIVE PLATS & SUBDIVISIONS-STREETS 6 TJ'iZLITIES SUBCO1rIl�IITTEE M[NUTES : MAY 19. 1971 , MpTION by Schmedeke, s�conded by Fitzpatrick, that the minutes of the �` Plats 6 St�bdivis3ous-Streets 6 Utilities S�ubcc�amittee meettng of May 19, 1971 be rece3ved. Upon a voice vote, a1.Z voting aye, the motion carried ananimously. RECLIVE PLATS & 30BDIPISIONS-STREETS 6. UTILITIES SIIBC.�ffiTPEE I�IINOTES : Jt1NE 2. 1971 .. r 1�7TION by Schmedeke. seconded by F3 tzpatrick, t.hat the Planning Co�tssion raceive the minutes of the Plats � Subdivis3ons-8treets � Util3ties Subcatmiittee m�ting of Jcu�e 2, 1971. Upo� a voice vote, a11 voting aye, the motion carried unan3mously. �8C8IVE PAHKS & RECB�TIOD1 .COI�SSLQH MIBUTES: AP.BII. 26, 1971 MOTI01i1 by Fit�patrick, secaonded bg Sc�m�d�, thet the Plenning Co�nis��on rece3ve the minutes of . the Parks � Recreatiatt Ca�misaricen �eting of Jlgril 26. 1971. Dpon a voice vote. all voting sye, the m�tio� oarried uAanimoeLSly. aBCEIVE BiTILDIHG STA�TDARD�-DESIGN CONTBOI.. �: _ MI►Y 20, 1971 1�TI0lV b� �egl�, seannded by F�tzpatr3ck. that the Planning Corumission s�ece3ve the ffinute� ot the 9utldtng Standarda-De�iga Cantrol meet3ng of Alay 20, 1971. vpon a vo�ice vivte, ell voting nye, t�e e�ti,a� carried unani�au82y. REC•EIVB BQABD OF APPEAIS 1rIIP'tTi'ES : MAY a5,��71 1�lbTIQN by �ish• secQnded by •7agl�a. that the Planr�.ing Ca�mn�tssiaa sviceive ^ thQ ;minpte� oF the Baard. of .&ppeale meetiug. of 1�y ?5, 1971. tlpcn a vo3ce vot�, a.tl vvting age, the mcttoA carried �mar�imously. \ pianniag Commission Meetin� - June 9, 1971 Page_2__ _ i� 1, GpNT�NUED; POLICX REGARDING FUTURE DEVELOPMENT OF GAS STATIONS: Tiie Chai.rman explained the puipose of the changes in the ordinance xelating to Sgecial Use Permits is to enable the Planning Comu�3.ssion and City to strengthen the requirements for a Special Use Permit and give the City Council some control over issutng a permit for whatever use is requested. It would give Council some genexal grounds to refuse such a permit if they considered the use of the request detximental to the health, welfare, safety, etc. of the people. Mr. Mtnish, raferring to 45.191, suggested the following change: "--- the proximity of a similar use" deleting "whether or not a similar use is already in existence and located on the same premises or on other lands immediately close by". He continued to also add after "--- or on any adjoining roads, the total number of similar uses within the City". MQTION by Minish, seconded by Schmedeke, that t1�e Planning Conan.ission recom- � mend to the Council amendingSeation 45.19 of the Ordinance tp read as drafted •. by Peter Herlofsky with the changes as indicated in 45.191 zeplacing "whether or not � s�milax use is already in existence and located on the same premises or on vthe� lands immeali ateZy close by" wi th "t1�e proximi ty of � simi.lar use" and �dding after "or �n any adjoining road" the following "the total number og s�milar uses wifhin the City". Upon a veice vote, a11 voting aye, the motion carried unan.imously• r''�`` � Re#erring to Sectlon 45.101, Permitted Uses with Special Use Pern�i.t itt C-2 aAd C�-2S Diatricts: Automobile Service Stations: The firs� sentence should read �' ae follows: "I£ a Special Use Permit is granted, the followi.ng minimumn_condi- tions shou].d be met in order to protect the pub�ic health, safety and general wel�are' . : ' Th� Cammnission decided that in Item 10, under 45.101, 3E, the follvwiag deletioA should be made "and suitable, with minor alterations, to be used for a reasanable variety -of permitted uses". � Mr. Ridgeway said that the Minnesota Petroleum Council had received a copy 'of Secti-on k5.101, Uses Permitted amd it �as very acceptable to them. M�'!'ION by F3tzpatrick, seconded by 1�l�inish, that the Planning Comm3ss3on recou�tend to Counc�l the approval of the additions to the Zon3ng Code Section �5•101, 3E amended a� follows: Under Autainobile Service Stations, the first aentence shou�td read "If a Special Use Pezmi.t is granted, the following m�n.tmum cond�ttf ons should be met in order to protect the pwbl3c health, safety and 5�17�ra1 we�fax'e", and in Item 10, delete "and sua.table, with m�nor alteration�� tn be used �or a reasonable variety of permitted uses". Upon a vOice vQte, a11 voting aye, tne mouon carrlea uncu,iurvuaiy • 2. �PIIBLIC HEARING• REZONING REQUEST, ZOA 1�71-04, BRYANT INVESTMENT CO., WtLLIAM BARBUSB: Area bounded on North by 8�rd Avenue, on ttte South by ^ � �$1st Avenue, on the Weat by Main Street exteaded and 600 feet West o� Univer�ity Avenue to be rezoned from M-2 to C-2 (general businees areas). Planniag Commission Meetinq - June 9, 1971 Paste 3 MOTION by Schmedeke, seconded by F�tzpatric�, that the s'esding of the Ft�b�i� � Neariag Notice be waived for the rezoning request, ZOA l�71a04, Sryant Investmertt Company. Upon a voic� vote, all voting aye, the motion carried un�nimously. Mr. Willimm Barbueh was present. Referriag to a land survey dated December 19, 1969. Reg. No. 4427, Mr. Barbush pointed out Parcels A, B and C. He was re- questing rezoning oa the £xont 600 feet of Parcels 8 and C from M-2 to C-2. The request did not include Parcel A where the golf range is. He eaid he had an inquirq from a campetitive auto dealer. Thia wae just in the talking stage. He felt the 18r►d would be more saleable if it were aoned before aelling so that a buyer would kaow what he could build there. ae sai.d the front half of the laad would be C-2 and the half to the West industrial. Mr. Ericksoa asked Mr. 8arbush if they had had.any other proposale for thes p�'operty at this time. Mr. Barbueh sai.d they had noth3sg other than the posaibil,ity of building eome induetrial on the indvstrial propertq. l�ix. Sazbush eai.d he owned the property for many years aad was uaable to get a buyer for indu�trial �oning, but had �om�e succese 3,a aellin� uad�r co�amercial. Se felt th�y ehould reasae aad then sell. In view of the fact that the�� would b� a big commercia�. development going �xp in the North, it would be more practi- - cal, fxwo FSridleq'� point of view, to hane the same kiad of development along Unlversity Avenue eimilar to what you see arouad 8soolcdale. This would be F'ridley�� • opportvai�y �o develop �long �aith it. He had talked with Roger ,Tone�, but his ^ plaaa are �ndefiaite. Chalrmaa Ericksoa reminded Mr.. Barbueb that. ewen if he go� tb�s rezaniag, he would still t�ae� t� ge� �aother special uee pes�it to sell to another �uto- �obile agency. Ma. Schmedeke referred to the rezoniag o� the property being developed by Vlkiag, Inc. �d the rezoning request by M�c. Barbueh, sayiag he did not object to'the rezoning in that area ��oag ti�e maia sernice road. It had always bee�u his opini.oa that T.H. �47 was the Main Higi��ay through Fridleq. Hie questloa w�te how to get water end sewer in without the leas valuable property to the Weet bearing the brunt of the bill and with a goaeib].e loes o� land in back taae�. He hoped this Co�nisa�oa would ask for the aewer and water to go do�wn T.H. �47 because be felt it �as the property most abie to pay. He Fe1t that C�2 probably wov].d be the zoaing that would go along the highway. He noti.ced Chere Wsre tt�p loapbacka on the proppsed map. He wondesed i# the loapbacks would b� pera�eut os juet temporary. Mr. �it�y�i.c$ aeked about the statue of the.proposed etreete. Darrel Clark anewered t�ae tbe atreet leyout.hae beea adopted. Th� loopbacka are un- sett�ed. The City ba� dedications for Main Street. 81et and 83rd Avenues. 83rd sad 8�st Avenuee have asoaeovere and 79th has ne crossovmr. There is a prs].imim- ary report of Water. and Sewer for the �ohole area prepared by Cometock & Davis. The heariag wi11 be in the nenr futurev These ase pselimi,na�q ��ane only. Ms. �arbush added tha�t aater is in 83rd Aveau� and the East aide of Qaiveraity. � �,_ 1►lqT•tOAi ,by Fitz�vatricJlcc. aeconded by Sch�eedelre. that the �lanning Ca�mu[s�.ion � c�t.inue tbe z�ezoning �eqt�st, ZOA N71-04, by esg�t t�ve�t�ent Ca�apany and b� put �ra 11a� �g�and� again vn .7uly 7, 1971. Upon a P��t� g!R�� al1 vot�ng aye, the raatiOrd Qar�ied wian�A{gN±�a�• . � � PlanainR Comnission Meetiag - June 9, 1971�_ Pa�e 4 3. PUBLIC HEARING: ENTED BY C. W. 1, Pearson s A T FUR SPECIAL OSE PERMIT, SP �'71-0$. 3RELLY OIL C0. LLMAN: A service station to be con�tructed on Lot l�, tion, per Sect�on 45.101, 3E, Fridley City Code. Mx. �. C. Luadberg introduced himself. Se is the Research Ageat of Skelly Oil Co. Mr. C. W. Rollmaa, Jx. is the Conatruction Engineer and Mr. D. C. Webber ie of Skelly Qil. The Commiasion studied plans aad pictures of the type of servlce atation Skellq constructa. Darrel Clark said that Lincoln Street goee to the South line of this aite. ".�he Citq will maintaia �t, but the posaibility of the City snow p�ows getting out before the apartment's equipment is 50-50. The apartment ca�mplex will e��id Lincola s�reet into their owa area. � Virginia T. Jacobsen, 231 79th Way: She said ehe ie the owner of a senen unit apartment building. She was,against the rezaniag because the automobiles are noisy and etink. East Riner Road ia prettq bueq and has a lot of aoiae. The aew apartm�nt compleu iaae a large parkiag area directly acre�a from h�r unit� and adding a service atation with all that noise, ete. would depreciate her propertq and make it �ess attractive to renters. There are other eervice st8tioa� near eaough. We have an idea, she aaid, that the future wil]. be thinking about good cleaa public tzaasportation which will put a lot of theee fil�ing statioae out of bueinese. ' Larry J. Mi11er, 78�9 Fiswood Waq: His property ie directlq W�.st of the �`� proposed eervice station. If the atation is op�ed it► the evening, the light would ahine i.n hia bedroom. There ie a Staadard,0i1 etation on East River ILoad, a Skelly statioa about one mile and a half away, �d a Gulf Station dawa the road. fle felt there were enough atations. A aervice �tation �ould decreaae the value of his home �nd the whole block. This week a man came around with a peti-� tion in favos of the aervice station. fle ca�e about 2:00 o'clock in the afternooa and eaw the housewive�. The men were not given a chance. _ Mr. John Caldwell, Skelly Oil Compaay: fle said he was the man who took the � petition arouad. There were two people who aigned the petition, and after givi.ng it more thought, wiabed to bave their nemes deleted. The petitioa has 55 names �n favor of the coaetruction of a aervice statioA bq S1�ellq. There were si�c renters in Mre. Jacobeon's epartment who signed the petitioa. About 50X of the aigners were renters. � 1�'IOdV by FitzpatsicJt, �ecvnded .by Zeglen, tJutt the P1arm3ng Commiss�Eon re- Ceive the Petitiora No. 16-1971 pre$ented �y Jo�tt Ca1.d�11 pP Skel�y Oi1 Co. appsoving ttie granta[nQ ot.a S,peatal Use Pezmit to tlie SkeZly Oi1 Company fpr the con$truation of a serv�ice stata�on on the Soutbeaet c�raer oP Tast River Road and 79th Way. Upoh A voice vote. a11 voting aye, the motte� ca;r3ed uriantmousl�. kfOZ70N by 11�iinish, s�conde8 by Fitzpntz�ick, to receive t.be cv�rnun3cataon frcpp the �Aw office of Richard FuBali, subject being the sequest by Ske11y 031 Cc�. for a Speoial Use Pezmtt, SP N7�1-Od, ari� objecting to the use of the c�orner of 79th arrd East R�ver Rcad as a service atatton. Dpori a voice vate, al1 vctatn�r aye, t.t�e motio� carr3pd urian�mcuoly. Planaiaa Co�isaion M�tiast - 3uae 9, 1971 Pa�,�_ ...-.4, Mx. Caldwell introduced a bui].diag permit issued by the City of Fxidley iA � 1962 to the Ll�noricsa Oil Company, aad the notatioa "Renewal - il/12/63" wa� wiittea ia the upper left haad corner. • Al Fallcenstein, 8931 York Drive: fle said that he has owaed thie propertq ior about two years. He said the letter #ro� Richa�d Pudali dieturbed him. Mr. Fitzpatrick asked if Mr. Falkeneteia had diecnesed any other use of thie property other than a gae station. Mr. Falkenstein said he had talked to PDQ and other a�erettes last fall and both said there was not enough population to eupport.a etore. Mr. Miaish �sid, with the location of the Met�o 500 and Skelly Station withia a mile or so, he could e�..theit��eo��s��`�� u�tt�� . g�o�-� �.'� location as to researcis, but fr� a con�mity st�d�oint, c�etition doe� aot af f ect tlie ct ti zeas . Mr. 3ch�edeke said he believed that the GYty Fatiiieers end the Engineeri.ng Aepast�eat a�e �tt��ti.a� to h�ve s�e of the traffic flaw uae IIniversity Aveaue. People have been aayiag for some time that Eaet RiveT Road ie a tr�fic hazard �tnd hea�vily tsaeeledo He would like to eee East River Road a resid�atial tppe of etreet. Prob�bly a service ata�ion ehould not be put there, but Slr.elly 011 could coneider oae on II�,i.aereity Avenue � 79th. Eventually 79th Avenus could be a erossaver and the traffic could be f�aeled to Uni�ersity Aveaue s�king 1t a d�sir�ble locaLion for a�ernice atation. �' He coatinued �at further South oa East Rtvar Road t6ere are problem� with traffic. Another fillin� at�tion now conld cseste more pYOb1e�. Lot 1, 81ock 1, Peassaa's Addi,d.� does not fit in squase vhers �e would li1�e the iagress aad egrese tro,be:locat0d oa Eaet Biver Hoad and he felt thia �ould create a proble�m. Dasre�. Clark recalled that in 1962 Mr. Peareoa platted eig lots along 79th Aveaue aad in 1963 seaoaed them frc� C-23 ead M-1-to � 3(general ffiultiple f�ly dwellinge). Z`he cos'ner ].ot remained C-2S. There is nothing in th� platting diecueeion of the Five Ssnde that indicatee there wer� apecific plane for cv� mercial. 1UOTIOA by ZegZen, eeaanded by 1Kinfsh, thst.t.be Pla�ing Cammtss�aa close the pqblto 8eoartag fos a Sp�ia1 a�e Permit, SP N71-08, Skeily Oi1 Ca�any, rep�e- sented by C. W. �toll�an �ar e sea�e►�c� statte� to be oenstraoted e� Lot 1. BZodc I, P�ps�on's lst AdBttion per Section 45.101, 3�, 1�'rtdley City CoBe. Upan a voetce VOtBi Ail Vl��A9 �t,�� ID0�031 Ci!!'T�� f]ll8T1��OUSly. Mr. Zeglea► eaid tl�at �idley ie developi�ng apas�s�ent ca�plexee to tbe $sat aad dev�opitig an apart�eat cosplez to the Diorth, hut tbe as�a here is al�ost lOOX r�sid�tial property a�d �e aonld aot say that thia statian vould iapsova die ��aesal area. Ia vi�w of Rhs eacceee os.-imsaceeda that other statio�e had in this area, h� �rould �aal�e the follarin� motioa. lIbR7� � ZegleeP aecaaded Dy d�linta�h. t1�t tl�s P3anaing Con�ie�son reao�aend to Coemcil de�e�l oi tl�e Spectal �se Pesmtt, SP A�71-08, by Skelag 031 Comperty !o � c�natrqct n servto� etat�=on o� Lot 2. Block 1,. Peazsan'e l�t aldditSon ea per - � SeCttan 45.101• �. Fr4diey Gity Code. Dp�n a vaiae vote, 811 voting aye, �pt ' � �a�aksan absta�n�g, the mo�tion c�rri�. Planaiag Commisaioa Meeting - June 9 1971 PaAe 6 Mr. Minish added that the Planning Cammiesion has apent several meetinge die- r^ cussing the general policy of gas atationa. When it was laid out how many sta- tions Fridley had, it became apparent, because of the number of statione the City has now, aad sequests will be coming in the future, the new ordinance conaiders various factore, such as location, desirability, etc. He did not think this type of development appropriate for thi� area. . Mr. Schmedeke aaid he da�aed�,�� fle said to keep opening atations with qauag mQn operating them and not being able tp keep the station going uuless they had eidelinea, such as a mechanic with very little.schooliag, was not fair to the operator or the City. Mr. Zeglen added that he was not against any pa�ticular gas station, nor against aay patticular conatruction. This ie getting to be a densely populated area and another �as atation ia not suitable for it. This land could be used in othes ways, 4. CONSIDE$ATION OF A REQ�ST TO APPROi1E T� PxELIMINARY PLAN OF PHASE I� TOWNHOUSE DEVELOPMENT BX VIEWCON, INC,: That portion of the E� of the SF,� of Section 24 lying ldorth of Interatate �694. P�esent from Viewcou, Inc. wexe Charles Van Leckhout, Darrel Farr, and David Phillipeo Mr. Vati �eckhout eaid they hane selected five lote for the sia�le family homea. Theq are located aear the Matterhorn bridge. There w�.11 be five differ- '"'' ent etyles an$ whatever deeign sells the best, will be used the most. They have FHA feasibility approval, but FHA will not let them etart to build until the m�de1 hoffiee ase finiehed �d the plat is finalized. Mr. Farr said the major street will go out to Silver Lake Road. This goea through New Brighton but theq have not accepted the.road a� yet. flawever th�y wi11 accept the road sooner or later. Viewcoa has a permit�from Ramsey Couaty to construct the road. They will baild a road to the East up to t1�Q Ramseq Cotu�ty limite and then dedicate it to Fridleq. ♦ te�porary road will be built until the utilitiea are in�t�lled and then it will be eur�aced. Chairman Erickson �ked whoae �pecificatione will they follew when building the roads. Mr. Farr said it would be ausfaced.to Pridleq specifications. It would have to be tora up for additional utilities in thzee or four years. They t�ill build a subetantial road, but not uecessarily full� campleted. The raatd going thzough New Brighton.will be a private road in the interim until it is accepted�bq N�w �righton. Mr. Vaa Eechhout said the Citq was good eaough not to pin them do�m as to deneity in the multiple asea_because they recog�aized a lot of thinga could.happen ia the multiple area. At t.his time they have roughly two third� typical tawa� boueee aad �ri� third tqpical apartments. Tha concern was expreesed with the eite of eingls faamily homeso They will start moa�l hamee before tlxe utilitiee a;s ip �d by the ti�,e the.regular bomes are ready, the uti�itiea wi11 be in. Svburbaa �ngiaeering ia workiag uader the direction of the Citq for the utilities, �, T1iie vae �chednled for lat� ia May eo the wort schedule ie set back. They will �go abead and go throu�h Couaci.l anA a public.haasiag and get utilitiee co�mplvted about S�ptember aad Ootober. The tawnbou�es are built for aale, but if they axe aot sold, would reat. Th� electricity vill be ondet�g�CquAd. Rlanniag Commiasi4n Meeting - June g, 1971 Page 7 � Regardiag street patteras, Darrel Clark aaid they were show� an the p1at. Thexe was a question regarding flathawaq Lane, but that street will be closed., The only requirement for Regie Lane wae that the street shawn in the plat would be offaet some 150 feeto Mr. Van Eeckhout satd the recreational building was moved. FHA suggeeted a differeat location be u�ed for the 200 units and this will come under Pt�ase II. In answer to the queetioa of the status of Matterhorn Drive to Gardena Avenue, Darxel Ciasl�.stated that no schedule was aet. Council cannot achedule it for tlii.s qear, eseept fos gradin�, se it is a State Aid Road and there aYe no State Aid moaiea av�ilable naw. ae contiaued that being the recreational facility has been taken out of Phaee I� should the Plas�ing Co�iseion approve allowing Viewcon to build aad aell without the recreational facilitq. Mr. Vaa Eeckhout said ttae FHA f�rowaed oa the proposed recreatioaal building because each unit will be paqing and suggested that it is left out altogetber. Tbete a�e a lot of recreational facilities they coald conaider -- building au outdoor poo� �tu1 �iug-tl�8 butlats-,,far-s�:parks. P�. Van Eeckhout said they wexe not developiag laadacape plans uatil �t was decided what tr�ee wo�ld laaee to be taken. If there wer� aay aubetaatisl chaagee, theq would come back. fle felt if there were changes, it would be in a lates' aega�ent of the project. FHA needs local approval. They established in the�.s� , �-�*; awn mi.nd� that the grades will work. Mr. Fitzpatrick said he �deretands that.th�.plane nesd aot be aubmitted to thie Co�ission unleee there is a�ubetaatial change in concept. 1�TION by F3tzpatz'ick. seconded by Scha�e�deke. that the Pla�raing Coar►miss3on recammend to Counc3.� t.he appz+oval of the Preliminary Plsn• Phr�se I, of the toi►�nhouse developmeiat by Vi�vcon, and fnrther recoa�end that V3�, Inc. be gi ven s bui 1di ng permi t to cons truc t ei gh t mode.I towniiouse zuvt ts and s ab j�ct to the conditio� plac�ed et the time of the rezQning which would include the single family dweZlings and the street acaes,� throagh to 5ilver Lake Road. Dpon a voice vote, a11 v�.t:.ing aye, the motion carrfed w�aa�im�asly. Mr. Van Eecktiont s�d.d thay would like.to u�e a_trailer houee as aa offiee for the sale of single family hom�s uatil the modelo are built. They prob�tbly would like to sell tam�uses out of �he eales office. The trailer would be parked at the end of the �atterhora bridge by.tha Fsee�ay. He Was told thi� request would go to Council. ghe trd.ler house �uld be aeed as a temporaty office and canstruction acti`rity. ' Darrel Clark asked M�o Van Eeckhout how he aold uaite without a plat. 1�Ir. Vaa Beckhout aaid they woald sell the� off the prelimiaary plat. The plat would be outlote. T�e eecond plat will sha� very close the aite plan and �here it ahowe a houee, it will ehow a lot. The pnsehase agree�ent �.1� not be re- corded vntil the foandation is in. fle said he wauld cheek this further. ''� Darrel Clark said if there ia no record of.the townhouse plat �ntil the �.. Planniag Commission Meeting - June 9, 1971 Page S last ualts and foundation is built, the new owner cannot file the deed until the plat ia recorded. Mr. Van Eeckhout said that at the time the forty uaits are aold and built, they hope to sell the reat. ADJOURNI�NT : Chairman Erickaon adjouraed the meeting.at 11:00 P.M. 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