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.
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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$es are high. It wae going to be
�` either industrial or ca�scial to get anything out of it. �hey thougitt com��
a�xcial wae the beet.
Planning Commisaion Meetin� - Julv 7, 1971 pa�e �
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Chairman Erickson said that without knawing the use for the property a�
� this t�me, he could not see how there would be any objectioaa to leaving ��
the wa� it ie with the under�tanding that the City wouid talce another look a�
the area if a proposal came up.
M�. Finkelatein eaid that you people waat a logical development aAd th�
best fo� the co�unity. This is the way it should be. Whea t�a�y requested
��zoaing to multiple, they were turned down. Theq are payin� �t��seaaed tau��
and assessmeats aince that time. Now they feel this is the psopex area ig�
conmcexcial developmeat to conform with the gener�l development along IT�ive��ity
Avenue.
Chairman Erickson did not feel that one piece of rezoning wauld const�tute
gener�l dev�lopmeat.
Irir. Fiakelstein said Mr. Basbuah has owned the property about eight y����,
aad it was zoned M-2 at that tiffie. Theq thought the M-2 zoning would work aut,
but it didn't. .
Ctiairn►an Erick.son said he wnuld be perf�ctlq willing to ahange when a
de$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
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�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
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. 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.
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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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� � •� Respect�l��tted
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-� � H8 1 O�BI�AA
� , Recording Secretary
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