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PL 07/07/1971 - 31103�\ ,�'"�1 PI+ANNING COMMISSION MEETING JL1LY 7, 1971 PAGE 1 The meeting was called to order at 8:05 P.M. by Chairman Erickson. ROLL CALL: Members Present: Members Absent: Others Present: ��gl.eII' Minish Nasim M. Erickson, Fitzpatrick, Schmedeke Qureshi, City Engineer-Director of Plaaning APPROVE PLANNING COA�IISSION MINUTES: JUNE 23, 1971 MOTION BY 2eglen, seconded by Schmedeke, that the Planning Co�rm►ission Min- utes of June 23, 1971 be �pproved. Upon a voice vote, all voting aye, the motion caPried un�nimou�ay. IiECETVL BOARD OF APPEALS MINiTTESt JUNE 29 1971 MOTION by Schs�edeke, seconded by Zeglen, that the Planning'Coaua.ission re�eive the minutes of the 8oard of Appeals �eting of June 29, 1971. Upon a vp�.ce vote, a11 vot�ng aye, the motion carried unanimously. RECEIVE PARRS b RECREATION COA�iISSION MINUTES: Mpy 24 1971 1�TION by ZegZen, seconded by Schn[edeke, that the Plannin� Co�.iss3on receive the minates of the Pa�ks & Recreat3on Conn�ission meeting of May 24, Z971. Upon e voice vote, �11 voting aye, the �ot,ion carried unanimouslg. 1. � CONTINUED EUBLIC S��ARING: REZONING $BQUEST. ZOA �71-Oa, 88YANT INVESTirII� CO• BY WILLIAM BARB�JS'fl: Area bounded oa North by 8�rd Avenue, on ti�e Soi by 81at Avenue, on Che We�t by Main Street extended aad 600 feet West of Univeraity Avenue to be rezoned fram M-2 to C-2. Those preeeat represemtiag the request were Ray Wos�sbecicer and Attorney for Mx. Barbush, Mr. Samuel Finkeletein. Mr. Wosmsbeckez eaplained that he was repreaenting Mr. Bazbush as he vas th� brdcer that ha� the property in the azea for ea1e. Chairmaa Brickeon wondered if it were correct tbat theq had no apeci�ic. pl�s for the area, and that the request was merely to improve the desirability of the property. �hairman Erickson acked Mx. Qureshi if Couacil had taken anq acxioa r�gard- lag atilities. 1�. Qureshi said that Couacil had ordered in the improvemeata for water, �anitary s�rer and atorm �ewero � � ItlOTIOW by Zeylen, ��conded by Schmedeke, th�t the Planniag Cor�tsaioA close � the Public 8ear�ng of the reaotting request, ZOA �71-0�� Bryant Znvesta�ent Co. by williaa, Barbush for the area bounded on the Norttit by 83sd Avenue, o,� the Plauning Commission Meeting - July 7, 1971 Pa�e 2 '� South by 82st Avenue, on the West by Main Street extended, and 600 feet We�t Of University Avenue to be rezoneci from M-2 to C-2. Upon a voice vote, a11 voting aye. the �taon carr3ed uraani�usZg. Mr. Schmedeke said that his own opinion is th�t most of the property box� derin$ o� T.H. �47 will some day be zoued commercial. He unde�stood that 1�. Barbush is the fee owner. I£ the members of this Cammission feBJ. that th�y would just as soon give him a nod, he would conside�C goiag along. Referring to the map, Mr. Fitzpatrick a�ked if the Commisaion would be rezoni�,g an area �aith island�. M�, Quseshi told him that this is only a reco�aded pattern if the pYOpe�ty owner wants a service road along University Avenue. We recommended that the�e be no servic� road, but ��oad ia the middle of the property with froatag� Qt► 1Kai.n S�reet. If the propo�ed buyer insists on having a service road aloa$ T.H. �i47, they would have to put in the loopbacks. Main, Street� 81st and &3xd Avenues are committed but the service road ia not. There �s nv pl�tted se�4 vice road -° the �rea is all. one parcel nowo Mx. Woamsbeck�g said thep have plans if a�ervice road is n�eded. TY��y hawe e8semeats across �he frost of the property. It would be up ta the peo�l� whu pu�ctias? the land whether or not they feel they need a serv�.e� road. Mr. Finkelstein said that the easements have been submitt�d by the C�ty �� Attasney for Mro Barbuah to siga. Tii�ae lamd Nosth of 83rd would be platted. Chairmau Erickaoa s�id he was not nece�sarily opposed to the use of thi� pxoperty ae com�ercial. There may be some other uses that would be deairabla, fle was �ust a bit hesitant zoniag a piece of property without knowing wha� it ia to be used for. He preferred leaviag the aoning as it is �ader the circu�- stencea. If a reasoaable aad proper uae fos co�m�rcial were presented, h� would be inclined to be in favor of the rezoaing, but not to juat �hange tbe zoAing for the sake of multiple purposesa Mr. Finkelstein aaid the reaoning was aot a promotional inatter. It wae just a very �agical uee for this particular property, e�pecially beeause of the develop�nent along IIniversity Avenue. The We�t portioa of this property is to be iadustrial. They understood that there would be opposition to am industzialization of the area acroa� from the park or golf course. It is ,juet � uaatter of having c�arcial so if something doee come up, it would be avail- able Por that use. Ctia�rman Erickaon said t6a1t once a piece of propertq is zoaed eo�aner�ia7�, tbe�re ie almost an ualimited number of types of buoiaesses allowed, sotne o� which could be objectionaT3le. �r. Fiakeleteia said that all they were iaterested in wae to go along w�th n the tera� of graating the easements with the thought they were trying to cou- tostia to the use of the property. The ta$es are high. It wae going to be �` either industrial or ca�scial to get anything out of it. �hey thougitt com�� a�xcial wae the beet. Planning Commisaion Meetin� - Julv 7, 1971 pa�e � T Chairman Erickson said that without knawing the use for the property a� � this t�me, he could not see how there would be any objectioaa to leaving �� the wa� it ie with the under�tanding that the City wouid talce another look a� the area if a proposal came up. M�. Finkelatein eaid that you people waat a logical development aAd th� best fo� the co�unity. This is the way it should be. Whea t�a�y requested ��zoaing to multiple, they were turned down. Theq are payin� �t��seaaed tau�� and assessmeats aince that time. Now they feel this is the psopex area ig� conmcexcial developmeat to conform with the gener�l development along IT�ive��ity Avenue. Chairman Erickson did not feel that one piece of rezoning wauld const�tute gener�l dev�lopmeat. Irir. Fiakelstein said Mr. Basbuah has owned the property about eight y����, aad it was zoned M-2 at that tiffie. Theq thought the M-2 zoning would work aut, but it didn't. . Ctiairn►an Erick.son said he wnuld be perf�ctlq willing to ahange when a de$irabie plan to the community was pres�nted. Se was not opposed to rezoniag� bu� he would l�ke to know haw the land c+ould be used. Mr. Fitzpatrick said that, being Chairman of the Park Con��t�o, he w� �onceraed abaut the development near the park property. � Mr. Schmedeke eaid he already had mentioaed that he felt some of the p�vm perty close to T.H. �i47, probably all of it, from Bob Schroer's to Viking will be C�2. But he also thought the Commission has to take a�ood look at whax i� going to go in thereo Without haviag definite plaae, he wondered what type o1� conglomeration would be going ia. �fle felt if a motion could be made signi�yi,n� �ha�, at some future date if the petitioner came in with a C-2 development� th� Plannin� Cammissioa would take a real good look at it and give tbem t�e opAc�g- tunity to go ahead. He could not object to C-2 development along flighway ��i7. Mr. Zeglen said he was in accord with the comments. MOTI�1 by Z�glen, seconded by Schmedeke, that the Planning Commission reco�nd denial to Counc3l of the rezoning request, 20A N71-0'� by Bryarit Investment Company for t1�e area bounded on the North by 83rd Ave�nue, on th� Soutii by 81st Avenue, on the West by Main Street estended, and 600 feet Wsst of University Averute to be rezoned from 1�d-2 (heavy industrial) to C-2 (g���s.l business areas) . Upon a voice �ote, a11 voting aye, the r�vti�n Ca�ra,�d tu�s�i�Q mously. 2. PU1dLIC SEAR,ING: PROPOS�D PRELIMIN�RY PLAT. P.S. #�71-02, $RTAR- BICHARD MILLEA flOMES INC.: A repl�t of Lots 1, 2 and 3, Block 3a te 1 aad, 2, Cochsan e Addition. Public hearia$ open. 3. CONTINUED 9ACATIODI RiEQUE�T� SAV �71-03., BICBARD MILLER HOMES, INC.: Vacate McRinley Street South of Sauth line of Rice Creek Road aad a 6 foot utili�p ,^ and drainage ease,�ent descxibed aa SouLh 6 fe�t of Block 3, Cochran's ` Addition. Planniag Commission Meetin� - Julv 7, 1971 • � Page � �^.. The fallowiag were present and concerned with the requests: Richard i`��1�� og Richard Miller Homes, Iac., William Jensen of Suburban Engineering, Tna., Mr. and Mr�. LaMoine Follingstad (owaers of the narxow l�t between Briarda�e �d Silver Oakss West), �nd G. B. McDonald representing Mr. Richard Carlson. n � �Ir. Follingstad said �hey have the highest pvint i� the area, and w�nt �o �e� the fi11 and grade plans �or the p1at. PIr. �ensen�expl�ined that Xhe proposed grade would be a substantial cut, and the high "knob" on the proposed plat would have to be taken down. lyiir: Qureshi stated that the City would 13ke to see the property filled. M�. lrii.11er said they felt it would be feasible to fill the land howev�z th� City would want it, but basically the time factox would have ta be considexed. Chair�an Erickson said that he was agreeable with the platti.ng, the si�e of the �.ots did aot bo�her him. Mr, Miller said he felt the peopl� would prefex i►aving a lot w�der ia th� �ront than the back. ". �k. Schm�dek� �aaid he felt the prob].em of fill had been salved, but tt�� stos�t �ewar•ia stili a problem, and l�e did,not approve of s�orm waeer bein� dtpaped op eomeone else's property. w Mr. Quresbi diseus�ed the storm sewer plans showing the map of the px�po8�d �tosm se�er far the whole area. The Counci� has a plan Whereb�► the d�v�lop�r �ri�l put in escrow mone�► fox the storta sewer. Whea the homes a�e sold, the bome owner doea not have to pay when the storm sewer is final].y ineta].led. 1rIIr. Schmedetce asked if it would be feasible to put a tempor�ry retentio� pond on Che development. Mr. Quxeshi said that was a possibility, too, but t�e littl.e pond would not help the overall system because, evenGualiy 3.t t�ot�ld ovesflaw and a permanent eolutiom would have to be made. �,� Mr. Jensen said that although the f311 material would be free, there is still a cost to the developer in the form of having to have the ground comp�c��d. Chairmaa Erickson e�id be felt the petitioner ahould decide about ths sewer, and the Coaoaission £elt Benjamin Street should aot be lo�wexed. • l�l�O'1'ION by Fitzpatrick, seconded by Schmedeke, that the Plaru�ing Com��s�pn cTose th� public bear3ng of the ,proposed preliminary plat, P.S. q71-02, B��ar- dale, by Richerd M311er Ao�s, Inc. be�ng a re�lat of Lots 1, 2 and 3, 81oa9k .i, end Outlots #Z ana Na, Cxhren's Add3tion. Upon a voice vote, aI1 voting age, t.t�e aoot3oa� carsied uneniaaous3y. � • l�IiDTIO1V by F3tzpatrick� seconde8 by Zeg�en, that the P1ann,ing Co�runiss�an recpa+mend to Council approval o!° the proposed p1at, P.S. 1/71-02, Bs'ia,rdale, by Richaxd Miller Xomes, Znc. be3ng a replat of Lots 1, 2 and 3, Block 3, and dut�ots #I and 112, Cochran's llddition, wit.�i the stipulations thaC the pet.it�Ion��r trork w#th the City AcLo.inistratfon to keep �rades compatible with tho�e of the adjo3ning property, that Benjamin Street rema3n as graded by Park Construct�on � . planniag Commission Meeti�g - July 7, 1971 ' • F��� 5 �'"� Coanpany� that 62nd Stteet be re-aligned.on the overall plan as shown on th� • ps�opos�d plat ot' Briardale, and no additional•dirt be removed An the Br.iard�l� p1at. UBon a voice vote, a11 voting aye, the �tion carried unan.imously. MOZ'ION by Schmedeke, seconded by Zeglen, that the P�ianning Commission z'ecot�end to Counc3l approva� of the request for the vacation (SAV #7.Z-03J by � �he Richard Mi11er Homes, Inc. of McKinZey Street 8outh of the South .1jna �t RiGe Creek Road and a six �foot utility and drainage easement descr�.bed as the SAUth ,�ix Peat of B1oc$ 3, Cochran's Addition, Upon a voia� vote, a11 voting' �ye, the motioned carried unanimously. . , e . MI3CELLAN�OUS: � � Mr. Qureshi enplainsd that material is being prepaxed for oqera.11 compre� hensive planning of the City and suggested that the Plann�ng Commission set �side one meeting of the month to devote to this study. ADJOURNM�NT: � ' . There beiRg ao further business,�Chairman Erickson adjoux�aed the meetiag �t �0:00 P.�I. . : :. 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