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PL 08/22/1973 - 30380^ n CITY OF FRIDLEY PLANNING COMMISSION MEETING CALL TO ORDER: AUGUST 22, 1973 Vice Chairman Harris called the meeting to order at 8:00 P.M. ROLL CALL: PAGE 1 Members Prese�t: Harris, Drigans, Blair, Lindblad Members Absent: Fitzpatrick Others Present: Darrel Clark, Community Development Adm. APPROVE PLANNING COMMISSION MINUTES: AUGUST 8, 1973 Mr. Harris said a statement he made was left out of the minutes and he wou�ld like to have it included. The statement was that if the hospital at some time in the future, should decide that.they have�more land than they need in the parcel they are asking to be rezoned to CR-1, before they sell � the property, it revert back to R-1 zoning. MOTION by BZair, seconded�by Lindb.Zad, that the Planning Commission minutes of August 8, .I973 be approved as anrended. Upon a voice vote, a1Z voting aye, the motion carried unanimous.Zy. RECEIVE BOARD OF APPEALS MINUTES: AUGUST 14, 1973 MOTION by Drigans, seconded by Lindblad, that the PZanning Commission receive the Board of Appeals minutes of August 14, � 1973. Upon a voice vote, a1Z voting aye, the motion carried � unanimously. RECEIVE PLATS & SUBDIV�SIONS-STREETS & UTILTTIES SUBCOMMITTEE MINUTES: AUGUST l5, 1973 � MOTION by Lindblad, seconded by Drigans, that the PZanning Commission receive the Plats & Subdivisions-Streets & Utilities Subcommittee minutes of August 15, 1973. Upon a voice vote, a11 voting aye, the mvtion'carried unanimously. 0 n -� 1. CONTINUED: PUBLIC HEARING: CONSIDE1zATION OF A REZONING REQUE5T, ZOA #73-08, BY NORTH SUBURBATd HOSP�TAL DISTRICT: Rezone from P.-1 (single family dwelling areas) to CR-1 (general office and limited business) the area South of of 76th Avenue N.E., East of 5th Street N.E., North of 75th Avenue N.E., and West of Unity Hospital, to allow construction of a medical oifice bLiilding. Public Hearing closed. n � Planning Commission Meeting - August 22, 1973 Pa e 2 MOTION by Drigans, second�d by Lindb.Iad, that the Planning Commission reopen the Public Hearing on rezoning request, ZOA #73-D8, by North Suburban Hospital District. Upon a voice vote, aZ1 voting aye, the motion carried unanimously, Mr. Don Leivermann, Associate Administrator of Unity Hospital was present to represent the petitioner. Vice Chairman Harris � said the Plannirrg Commission had requested intormation from the City Attorney. Mr. Clark said there were three th,ings the Planning Commissian wanted explored. The first thing was if the property could be rezoned to CR-1 and limit it to medicaZ purposes and related uses. Mr. Herrick thought this would be enforceableand if there was an agreement signed at the time this was rezoned, he thought he could defend this in court. Tt would be the easiest to administer because it would not require any additional Public Hearings. The second proposal to be considered was to create a Special Use in an R-1 District for medical purpos�s. This would be a zoning change and require two Public Hearings, one before the Planning Commission and one before the City �ouncil. This would take about 60 to 90 days and need an ordinance. The third proposal was to create a� separate medical zone and determine what uses could be in this zone. ,This c�ould require the same two Public Hearings .and an ordinance. As far as administration is concerned, Mr. C1ark said we probably could work with limiting it to medical use in a CR-1 District but the second reading of the ordinance should.be help up until approved plans are ready for Council. We recommend that you only rez�ne the portion of the land they are going to use for the medical office building. Mr, Clark said that later on in the agenda,.Council has sent something down to tY;.e Planning Commission. This is a request for a Special Use in an R-1 District to allow a real estate office. Mr. Qureshi suggested not to create a Special Use that wou l d no t be too different from o-�her uses that could be asked for under a Special Use, such as lawyers or doctors office. As far as the staff is concerned, we wouldn't want this put into a Special Use category because it is much more difficult to deny a Special Use request than it is to deny a rezoning request. •. Mr. Drigans asked�if the Hospital District has said how much area they �,�oul.d need for this medical building and if they would consider just rezoning this portion. Mr. Clark said they may or may not agree to rezoning a portian of the property. He said he understood they needed about � three acres in the Northeast corner of the parcel, adjacent to _ the hospital, for the medical office building. Mr. Drigans asked if the City Attorney in considering the three possibilities, felt that CR-1 rezoning with Iimitations was tr,e most enforceable. Mr. Clark said a new zoning ordinance Planning Commission Meet'ing - August 22, 1973 ���age 3� � would be the most enforceable but rezoning it to CR-1 with a �``� special use in mind, like medical use and related uses, as long . as the petiti�ner signed an agreement and it was recorded at the County, the City Attorney was reasonably sure he could defend it. �"� 0 � Mr. Harris asked how long this agreement would be valid. Mr. Clark said it would be everlasting. It wouldn*t be the same as a private cQVenant that was only good for twenty years. Mx'. Harris said that in a few years it could be an entirely new Hospital Board. Mr. Clark said this agreement would be a matter of record, and anyone who was going to purchase the property, with any kind of title search, would be aware of what he was buying. Mr. Drigans said that without knowirig what type of office space and who they would want to rent to, it would be difficult to define the limitations. Mr. Clark said you could define exclusions that are included in a..CR-1 District. Mr. Drigans said what it they need an accounting office of a data process system. Mr. Clark said these wo��ld be accessory uses to the main function, which WOl'ald be medical. Mrs. Mary Ann Johanix asked where the parking wouZd be for this medical building. Mr. Clark said he assumed it would be in combination with the parking 1ot of the hospital. Mrs. Johanix asked what else they would be building on this property. Mr. Clark said that the Hospital District didn't know and we don't know. Mrs. Johanix said they were supposed to come in with plans tonight so we could see them. Mr. Don Leivermann said he didn't recoZlect anyone saying that they would be bringing in any plans in terms of a building or structure. He said the group that wants to build this building didn't want to go to the expense of architectural drawings unless they had some assurance that they would be allowed to build the building. Mr. Blair said there was discussion at the last meeting on how many storys thi.s building would have but he didn't recall anyone saying that structural plans would be presented tonight. Mr. Clark said the statement was made that the final step for rezoning this property would not be taken b�r Council unti.l there are plans ready for approval. Mr. Blair said Mr. Samuelson made the statement at the last m��t�rig about final plans being submitted before the rezoning was approved by Council and the affected property owners could see the plans before Council approval. Planning Commission Meeting - August 22, 1973 Pa e 4 Mr. Leivermann said the group of imdividuals /"\ own this building don't want to move on anything some assurance that the property will be rezoned. /"� � who want to. uniess they have Mr. Kenneth Little, 7558•5th Street N.E., said he has had some experience in the building field and no matter where you go you have to have a set of plans and a complete layout of how you are going to use the property you are requesting to have rezoned. Mr. Clark said this is correct. The Planning Commission is just an advisory body to the City Council,�and the petitioner has stated that they woula like some indication if the rezoning request will be approved before they draw up plans. It would be hard for the Planning Commission to ask for final plans with no input from� the Council. � Mr. Little said he thought i.t would be hard for the Planning Commissi.on to make a recommendation without any plans. Mr. Harris asked what assurances the group wanted. Mr. Leivermann said that they know the s�ua.re footage of. the building and that it will be in the same style as the hospital. The independent group that wants to build the medical building would have to incorporate into a partnership, contract with an architectural firm to draw up plans and spend an X amount of dollars when they have no idea if they will be allowed to ever build the building. � Mr. Harris said he couldn't see the hang-up of drawing up some preli.minar�r plans. We should have a plot plan and where they �,=ant to locate the medical building on the property. They seem to want carte blanche on this. They want assu.rance from the City that this will be rezoned to something so they can build their building without advancing any information. They would not be able to do this in any community. Mr. Lindblad said the problem see.ms to be that if it isn't rezoned, the North 5uburban Hospital Board can build the building, and if it is rezoned, private ownershi.p will buiZd it, and no one wants to draw up any plans until they see which way it will ga. Mr. Drigans said he didn°t see how the Planning Commission could take any action w.;.thout a plot plan. We have no su.rvey of this property. Even a homeowner has to have a survey before he can do anything with his property, so he didn't think it was too much to ask the Hospital District to have a survey prepared with the proposed location of the building drawn in. Mr. Harris said we should know how much property this building will need and its relation to �he hospital. ,� �� /'� Planning Commission Meeting - ust 22, 1973 _Page 5 Mr. Drigans said it would cost $75 to $100 to supply a survey of this property so we can see Exactly what part of this property is going to be used for the medical building. He thought the doctor.s could afford this. Mr. Johanix said that traffic is sti11 going to be a major problem. He said Mr. Leivermann sazd the Hospital District can construct this building without rezoning, so why are.the through rezoning. Mr. Drigans said the Hospital District canng build this building in the present R-1 zoning, but in order for private enterprise to construct it and put the property on the tax rolls, it has to be rezoned. Mr. Johanix said they have checked with the City Attorney's office and a medical building can't be built in an R-1 District by anyone. Mr. Clark said it would depend upon the by-laws of �he North Suburban Hospital District as to whether they can build this building themselves. Mr. Leivermann said there are State laws which govern this. Mr. Clark said it was academic as to whether the Hospital � District could build this building because the request was for rezoning so tr:at private enterprise cot�ld build it. � Mr. Little said he was against the rezoning traffic problems and he thought the people had a where this medical center is going to be located. because of the right to know. Mr. Clark sai� the property owned by the North Suburban Hospital District is a P district which is a Public distriot. Under uses perinitted it says Public buildings and uses. Mr. Johanix said then if this building was buil-� i� could not be used by doctors for an office. It could be used as a hospital but not by doctors for private offices, because this is a public building. Mr. Leivermann said as long as this land is publicly owned they can build whatever they want on this property as long as it is medically orientated. Tt is only because they want this group o� doctors to own the building that there are asking to have it rezoned. � Mrs. Bonnie Little said she was concerned Where this building would be located, where the access would be,. and where the parking would be. She said that when they sought a Zegal opinion from the City Attorney, he said the.Hospital Board does have their own attorney who should perhaps attend these hearings so we could get the 1ega1 aspect straightened out. We are very concerned about what will be buil� on this property in the future and where the roads and parking areas will be. ,� �''1 Planning Commission Meeting - August 22, 1973 �Page 6 Mr. Leivermann said he didn't think it was necessary to have an attorney at the meeting because this medical building was the only tr.ing they wanted to build at this time and as to the res� of the property, only time will tell, and no one could say at the present time what it will be used for. As to the exits and entrance: and parkir,g areas, this is already controlled by the City and was not the option of the North Suburban Hospital District. Ms. Donna Marcucci, 7441 Lyric Lane N.E., said she was in favor of tne doctors owning the building but she would like to know where thF bttilding would be located. Mr. Harris said they will have to submit a plot plan and get mor.e specific in locating the area they want to use for construction of the medical building so we know the exact acreage that we are being asked to approve rezoning on. Mr. Drigans said we need a 1ega1 description of this acreage. Mr. Harris said they should locate where the parking will be for this building and if they intend to use the hospital parking lot there srould be an agreement worked out between thE: two groups. We should know where the access will be to this building. Mr. Drigans said the parking requirements might be differen.t in a CR-1 from an R-1 District or setbacks or ather requirements, so they should know how much acreage they will need for this building so it will not require any variances. Mr. Clark said he didn't think there would be approval by Council of any rezoning until they have a final plan. Mr. Harris said he thought it �rould be disastrous if tliey � �sked for rezoning of three acres and when the final plans were ready they needed more or less acreage, and the whole thing would have to be amended. Mr. Harris s�id the North Suburban Hospital District was asking for rezoning for private ownership of a medical office -- building. Under consi.deration by the Planning Commission was tne best way to handle tr�is request. They had three options. One was to recommend rezoning to CR-1 with limitations for medical purpose, another was to recommend that this be made a Special Use in the present R-1 zoning or recommend a new zoning district for medical purposes. � Mr. Blair and AZr. Drigaris said they were in favor of CR-1 rezoning r;�ith limitations. Mr. Clark said this would be the �, quickest caay to han��le this request. Mr. Harris asked what would happen, if after a period o:� time, the doctors wanted to sell this building. Mr. Clark answered that any use tr.is building might be put to would have to come back to the City Council. Plannin Commission Meetin - Au ust 22, 1973 Pa e 7 �, Mr. Lindblad said the limitations for medical purposes would still hold. Mr. Drigans said he was not in favor of a Special Use in an R-1 area for medical purposes because it would open the door to too many other related uses. He said the Hospital Board is asking to rezone 11 acres. He asked Mr. Clark .�g we can recommend that less than this amount be rezoned. Mr. Clark said they could. MOTION by Drigans, seconded by Blair, that the Planning Commission continue the PubZic Hearing for rezoning request , Z�A #73-08, by North Suburban Hospital District, to rezone from R-1 (single famiZy dwelling areas) to CR-I (genexaZ office and Iimited business) the area South of 76th Avenue N.E.; East of 5th Street N.E.; North of 75th Avenue N.E.; and West of Unity Hospital, to a1Zow construction of a medical office building, until September 12, 1973, to a11ow the interested parties of this rezoning request�to prepare a preliminary pZot plan showing ihe speaific area far the medical building, giving the approximate Zocation and size of fhe proposed buiZding, with a 1egal descxiptian of the buiZding and showing parking and access. Upon a voice vote, alZ voting aye, the motion carried unanimously. 2. PUBLIC HEARING: CONSIDERATION OF A PROPOSE� PR.ELIMINARY PLAT, � P.S. #73-06, HARRIS LAKE ESTATES, BY DAVID HARRIS: A replat of Lots 2 and 3 and.parts of Lots 4, 5 and 6, Auditor's Subdivision No. 22, being bounded on the North by Mississippi Streat, on the West by Arthur Street, and on the East by East City Limits, �and on the South by Rice Creek Road. Mr. David Harris was present. Vice Chairman Harris read the Public Hearing notice. . Mr. David Harris said the areas that comprises the plat is . 302 acres. The total acreage of the area is 36 acres. Al1 the . 73 lots are for single family homes and the 1ot sizes have been checked by the City Eneineeer and conform to code. The City has requested that the ponding area be used for storm sewer drainage , and there is an agreement that has been worked out with the City. There will be all blacktopped street wi�h concrete curb and gutter. There are drainage easements on the plat and a storm water drainage � sy�tem. Of the 13 parcels that mak� up this plat, i am owner or contract purchaser of 11 of. the l3 parcels. P�x'. Harris continued that at a previous meeting af the Plats & Subdivisicns-Streets & Utilzties Subcommittee there were stipu- lations made and he has agreed to all the stipulations. Most of � the recc�mnendations are included in the revised plat presented tonight. The trees are not shown, but he does agree to that J stipulation. �, Planning Commission Meeting - August 22, 1973 Page 8 Vice Chairman Harris said he would read the stipulations and then they would go back over them individually. l. Drainage and storm sewers be determined before development 2. Temporary turn-around provided at the end of 63rd Lane. 3. Under.graund utilities be used. 4. Include a tot lot cn the plat. 5. Developer plant a tree on each lot. 6. Foundation elevations be established and checked for. waterproofing oF foundations. 7. Radius be provided at aIl intersections�. On the first stipulation Mr. David Harris said the ponding area which is about 5 acres will be an Outlot. This pond does go into New Bri�hton and will encompass a ten acre 1ake. The drainage will come f.rom South of Rice Creek Road and drain North and will go into a sluice gate at the ponding area to maintain a reasonable ^ amount of water. There is a storm sewer easement on Lots 15,16, 11 and 12. The City Engineer said this was a satisfactory way to handle the strorm sewer drain«ge. Mr, Mike O'Bannon, County Commissioner, who is here tonight suggested just before the meeting, that the storm water North of Mississippi Street could be drained betweeen Lots 1 and 8 back into the ponding area. .� Mr. Drigans asked Nlr. Clark what ditch was referred to in the P1ats & Subs minutes. Mr. Clark said there wi11 be a Public Hearing by the Council on the storm sewer drainage on this plat. This _ ditch would follow 63rd Lane to Central Avenue. One of the proposals to be considered is to open this ditch, which is difficult to find because of development and natural filling in, so the overflow can go to Moore Lake. Mr. David Harris said he understood that there was a very minimum grade fram Arthur Street West to Moore Lake and unless there was a. great deal of storm c�atero the sluice gate would put most of the water in the pond and very little wauld go to Moore Lake. . Mr. Drigans asked if this was the storm sewer drainage . easement on Lots 15 and 16, Block 2. Mr. Harris said it was. Mr. Drigans asked what happened to the water now in this r, ponding area. Did the water just stand still? Mr. Clark said �. that because the ditch was closed, a lot of the water was in peoples back yard when there ���as a heavy run-off. �. � Planni�� Commission - August 22, 1973 � _Page 9 Mr. Drigans aaked if this would be Zike the ponding area of the Wall Corporation. Mr, Clark'said the Wall Corporation had a small ponding area with recirculated water, but the ponding area on this plat was a drainage area for 300 acres. Mr. Drigans asked how deep this pond would be. Mr. Dave Harris said it was only two or three feet now but it would be dredged so that it would have a depth of five to six feet. Vice Chairman Harris said the second stipulation has been taken care of. Mr. Harris has acquired more land since the Plats and Subs meetin_r, and on the preliminary plat submitted tonight there was a permanent cul-de-sac on 63rd Lane. Mr. David Harris he agreed to underground utilities. Mr. Harris said that there were l� acres set aside for a recreational area. He said he preferred to have this called a recreational area rather than a tct lot, because it will be park land that gives public access to the lake for canoes and s�il boats. This wa.11 be a grassy area and is much larged than what a tot lot would be. . Mr. Dave Harris said he agreed to the stipulation for a tree on each lot. Asr. Blair asked about the 50 year flood plain and how it will affect this plat. Mr. Dave Harris said that's why.he had requested that the pond be dredged. He thought this should take care of any effeat of this. Mr. Dick Harris asked if there would be a problem�of silt coming into the pond. Mr. Clark said he didn't think there would be any silting problem after it is developed. � - Mr. Dave Harris said they certainly didn't want any stagnant water and this would be taken care of with the line coming South from Rice Creek Road and the water coming in from New Brighton. , Mr. Harold Theilen, 6514 Fridley Street, said he Iived on the Narth side of Mississippi Street and he c�ondered if this gonding area would taYe care of �the water in this area. �� Mr. Dave Harris said he had mentioned earlier that Mr. O'Bannon had suggestE:d that he provide an easement so the water could be piped under Mississippi Street which would stablize this street. He said there would be a sluice gate to maintain an average depth to the pond and a drainage easement somewhere between Lots 15 and 16. This wot�ld enable him tc• fil`l in the lot that would be used for park land. Mr. Ralph Rundqui.st, 1490 64th Avenue N.E. said they have been talking about a ditch and that ditch just happens to run through the middle of his back yard. Are �hey going to put in a ditch or storm se��er or what? ,,"� r"� Planninr, Com�ission Meeting - August 22, 1973 Pa e 10 Mr. Clark said there would be a Public Hearing before Council. Mr. Rundquist asked who would pay for this. Mr. Clark said it would be pai.d for by assessment by th.e property owners that benefited by the improvement. Mr. Russell Neuman, 1500 Rice Creek Road N.E., asked if Arthur Street will be improved to Rice Creek Road ;�or only. . � to 63rd Lane.' Mr:.�lark said there would have'to'be' � a Public Hearing for the road, also. He said there wasn't a cross street from Central Avenue to a quarter mile into Ramsay County so the City might want it opened. Mr. Neuman asked if they would be taking part of his property for 63rd Lane. Mr. Clark said it was suggested at the Plats & Subs meeting that Mr. Harris �ontact you to see if some agreement could be worked out for the property that was needed to keep 63rd Lane in line with the property lines across Arthur Street. Mr. Neuman said he didn't want to sell his property. Mr. Clark sai� there is another problem. Clarence Olson who lives on Mississippi Street owns the large rectangle shown on this plat, and a large portion of this will be in the ponding area. The City wi11 have to have ownership of_ this also. Mr. Harris said that as he understands it, Mr. Olson has developed as much land as he can on his property and there is not sufficient prop�rty left for another lot on this plat. Mr. Drigans asked if a].l the lots would be buildable on, this plat. �Mr. Clark said that after all the improvements have been made on the plat, the Council could exclude some lots from paying , assessments so therF woul.d not be any tax forfeit ].ots. Mr.. Dave Harris said that his engineers have 1ed him to believe that there will not be any unbuildable lots. � /'� Mr. Lindblad asked what size trees would be planted_ Mr. Clark said they would be 2 to 2� inches in diameter, he assumed. Mr. Harris said he would plant trees whether it was stipulated or not. At the present tine the taxes on the property he is re- platting is $5500 and of this the City's share is about $600. On the 73 lots in this new plat, the homes will range from #35,000 to $50,000 so there will be a valuation of about 3 million in valuation in the improvements and structures, He said he wants to develop this plat into a real nice area. Mr. Bob Larson, 1452 Mississippi Street N.E., said he thought the whole development of this plat hinged on the storm sewer. Mr. CZark said this was one of the stipulations of the Plats & Subs S�:bcommittee that t.ne drainage problem had to be solved before this plat is devel_oped, and ther,e is no doubt that this has to be done. Mr. Dalton Natyke, 1464 blississippi Street N.E.,•-:said he questioned whether the sanitary sewer and water main that was now existing would accommodate this �rea or would it have to be en- larged. Mr. Clark said as this area has been zoned R-1 and the zoning classification hasn't changed, the existing system should Planning Commission Meeting - Auqust 22, 1973 � Pa e lI g � be large enough. He was sure there was an 8" water main and an � 8" sanitary sewer. � Mrs. Roy Holman, 6500 Fridley Street N.E., said she objected to the park land. She said she was familiar with the Columbia Heig Park and all the problems it brought. Mr. Mike O'Bannon, County Commissioner, said that when they started patroling this park there was less trouble. Mr. Blair.said he has sat on the Parks & Recreation Commission for five ye�zrs and she was the first person who didn't want a park in her area. He said the park she referred to was 25 square acres and was a regional park. This park would be 1� acres and would be a neighborhood park and would attract a different group. A regional park was for adults and a neighborhood park was for children. Mr. Jerald Tjader, 6563 Fridley Street N.E., said he thought the area needed a neighborhood park. Mr. Dave Harris said he was ju;t tulfilling a request of the City that 5% af the plat be dedicated for park purposes. He asked the Plannirg Commission if this area should be shown on the plat as park land. Mr. Blair said he would like it shown on the plat and asked Mr. Harris to write a letter to Paul Brown,-� � Park & Recreation Director, saying he would dedicate this area for park purposes. Mr. Dave Harris said it would save a lot of paper work with deeds, etc., if he showed it as park land on the plat when it was pres�nted to the City Coun�il. Mr. Drigans asked about the dedicaion for the ponding area. Mr. Dave Harris said there was already a signed agreement with the City. Mr. Bob Larson asked �ahen Mississippi Street would be rebuilt. Mr. Ciark said �there was no schedule for this as yet. They can't rebuild Mississippi Street untzl there is an outfall to the pond, but with the development of this plat, it is coming much closer than it is today. Mx'. Walter Eyler, 1456 64th Avenue N.E., asked if the schools in the area could handle the in�lux of children from 73 home sites. Mr. Clark said that school enrollment is going down in the elemer_tary schools and' as he underst�ands it, Gardena school is almost vacant, so even if it taould involve busing, he was sure no nE:w schools would have to be built. � MOTION by Drigans, second by Lindblad, that the Planning Comrnission cZose the Publie Hearing on rezoning request, ZOA #73-08, Aarris Lake Estate, by David Harris. Upon a vo.ice vote, a1� �^� voting aye, the motian carried unanimousZy_ T � Planning Commission Meeting - August 22, 1973 Page 12 �1 Mr.,Blair said the Mr. Dave Harris has agreed to all the stipulation of the Plats & Subs. Subcommittee meeting. Vice Chairman Harris sai� that some way we have to resolve the situation on Arthur Street and 63rd Lane. � Mr. Clark said he would check the tax records to see if there was dedication on Mr. Neuman's property for right of way on Arthur Street. After crecking, Mr. Clark said there was no - dedication for Arthur Street, just for Rice Creek Road. He continued that when Council has the Public Hearing on the improve- ments-iri this. are� there should be hearing on Arthur Street, also: . Mr. Dick Harris asked about 63rd Lane. Mr. Clark said if . Mr. Dave Harris couldn't negotiate with Mr. Neuman for the property needed for the right of way for 63rd Lane, then the City would have to acqt:ire it because it was important that 63rd Lane lined up �ith the property line West of Arthur Street. _ Mr. Daryl Wolf, 6446 Arthur Street N.E., said he was opposed to Arthur Street being extended to Rice Creek Road. He said with 63rd Lane being opened off Arthur, you could go from Mississipp: Street to Rice Creek Ro«d by taking Arthur to 63rd Lane and tY;en � to Anoka Street. MOTION by Drigans, seconded by Blair, that the PZanning Commission recommend to the City Council approval of the proposed pZat, P.S. #73-0.6, Harris Lake Estates, by David Harris, being a replat of Lots 2 and 3 and parts of Lots 4, 5 and 6, Auditor's Subdivision No. 22, being bounded on the North b� Mississippi Street N.E., on the West by Arthur Street N.E., on the East by East City Limzts, and on the south by Rice Creek Road N.E. , with the following stipulations: 1. Drainage and s�orm sewers be determined before development. 2. The City request that underground utiZities be used. 3. Area be dedicated to City for park Iand. 4. Developer pZant a tree on each Zot. 5. Foundation elev�tions be estab�ished and checked ior waterproofing of foundations. * 6. Developer neqotiate to purchase right o�' way to develap 63rd Lane N.E. ,� 7. DevelopEr nEgotiate to purchase Fonding area not included . in this p1at. . UPON a voice vote, a.Zl voting aye, ihe motion carried unanimously. Plannirr� Commission Meetin - August 22, 1973 Pa e 13 � Mr. David Harris said he was concerned about the first stipulation. He sGid hE: knew the intent of this stipulation, but he didn't want it misconstrued that he was re.sponsible in determining the drainage an� storm sewers for this area. Vice Chairman Harris said it was shown in the minutes that the City had to determine this before. development. They just want this brought to the Council's attention. 3. REQUEST BY JOHN DOYLE (6305 EAST RIVER ROAD) Mr. Clar.k said that on the previous Monday night (August 20, 1973) Mr. Doyle had appeared beiore the City Council asking that a real estate office be allowed in an R-�1 District with a Special Use Permit. The Council has referred this to the Planning Commissio . . . � . .. ._ Last year Mr. Doyle requested a change in zoning from R-1 to CR-1. This was denied by Council and the people in the area were .., very opposed to this rezoning but indicated they had no objection to Mr. Doyle continuing his business without rezoning. Mr. Doyle has requested that he be allowed to continue as he is during the time it would take to change the zoning ordinance to allow a real estate office in an R-1 District with a Special Use Permit. ^ Mr. Drigans said he thought the Planning Commission should have copie� of_ thE: City Council minutes before they could consi�er this request. Mz'. Clark said a real estate office would be allowed in an R-1 area if the home was used as a residence and only people who lived in the home worked for the real estate companye This is what our home occupation code states. Mr. Doy1e does not use this home for a residence, only for his business, and has outside help employed. _ . The staff feels that .if this is allowed under a Special Use Permit, we are going to be asked for a lot of similar uses. Mr. Drigans asked if Mr, Doyle was continuing to operate at this time. Mr. C1ark s�:id Clarence Belisle had s-Eopped there and hE: said he was not oF,erating as yet. Mr. Harris asked how this would fit in with the comprehensive plan. Mr. Clark said the recammendation was for a townhouse devel- opment in this area, no coznmercial. � Vice Chairman Harris said to put this on the agenda for their next meeting. �� 4. BOARD OF APPEALS SECRETARY � Mr. Drigans said that at the July 30th meeting with the City Council there had been discucsior� of problems with various committees. He s4id that at the August 14, 1973 meefing of the Board o� Appeals Planning Commission Meeting - August 22, 1973 Page 1_4 � they had a requect for 5 variances on some property on Beech Street. The Board of Appeals denied 4 variances and allowed 1. He said there was a lot of discussion on this at the meeting which did not appear in the minutes. He said this was not the fault of the staff inember at thE: meeing, but he thought it was unfair to him, to the Bo�.rd of Appeals and to the Council, when the:y didn't have a secretary'to take the minutes, so that all their discussion was not in the minutes. Mr. Clark said this may not have changed the Counc.il's decision to approve all the variances. Mr. Drigans said he realized this, but thought more complete minutes would he:lp clarify thE: Board's decisions. He polled the other Chairmen of Subcommittees and thE:y all said they had a secretary at thei.r meetings. Mr. Clark said it was felt that if tY:.er.e were only one or two items on an agenda a full time secreatry wasn't necessary.� Mr. Drigans said he was making � request to have a full time secretary for all Board of Appeals meetings. 5. STAFF MEETING WITH NATIONAL GUARD ARMORY REPRESENTIVE Mr. Bl.air asked what happened at the staff ineeting on the armory proposal. Mr. Clark said not much more than what happened at the Planr�ir,g Commissiun meeting. The Federal gavernment will pay 75% of the cost and the: remaining cost will be divided � between the state and local government. He was taken out to look at two sites, one in the vacinity of the Ice Arena and the City � Garage, and one b�- the Fridley High School by Moore Lake. General Cheeseman wi.11 be meeting with the Planning Commission later. He said Paul Brown i.s preparing a resume of this meeting. 6. GEDiERAL DISCUSSION Mr. Clark said the report on auxilliary buildings was in the process of being written up. Mr. Lindblad asked about 5933 Main Street anc'. thE: completion of the garage. Mr. Clark sa�.d it would be this fall. There was general discussion on the Metro station at 5333 University Avenue N.E. • . Mr. Lindblad aske�d why the Shorewood remodeling didn't come tc the Buildir,g Standards-Design Control Subcommittee. Mr. Clark said it was all inside remodeling. 7. COMPREHENSIVE PARK PLAN Vice Chairman Harris asked if the comprehensive park plan would come to the Planning Commission so they could see how it ,.� fits in the Comprehen�ive Plan. _ °° Mr. Blair said it wasn't scheduled for the Planning Commission. It was going to Counci.l on September 10, 1973. Plannin Commission Mee�ing - August 22, 1973 PaQe 1S t90TION by Drigans, seconded by Blair, that the comprehensive � park plan be referred back to the Planning Commzssion b� the City Council for an evaZuation with the Comprehensive PZan. Upon a voic vot.e, a1Z voting a�e, thE� motion carried unanimously. � � ADJOURNMENT MOTION by BZair, seconded by Commission adjourn their meeting vot_e, a1Z voting aye, the motiort Respectfully submitted, � �`ce�L� � ���� Dorothy Ev nson, Secretary Lindb.Zad, that the PZanning at IZ:15 P.M. Upon a voiee carried unanimousl�. �