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PL 09/12/1973 - 31155� CITY OF FRIDBEY PLANNING COMMISSION MEETII3G SEPTEMBER 12, 1973 PAGE 1 CALL TO ORDER: Chairman �'itzpatrick 'called the meeting to are?er at 8:10 P.M. ROLL CALL: Members Presente Fit�patv'iCki Meanbers AbsFnts Drigans Others Present: Darrel Clark, �la�r, �indblad, Harris Community Development Adm. APPROVE PLANNING COMMISSION MINUTES: AUGUST 22, 1973 ' MOTION by B1air, seconded by Lindblad, that the Planning . Commission approve.the minutes of.the August 22, 1973 meeting as written. Upon a vo3.ce vote, aI1 votinq aye, fhe motion carried unanimousl�. r'-1 �� RECEIVE SPECIAL�PARKS AND RECR�ATION COMMISSION MINUTES: JUNE 11� 1973 MOTION by BZair, seconded by Harris, that the Planning Commi�sion receive the minutes of the Specia2 Parks & Recreation Commission meeting of Jtine 11, 1973. tMlr . Harris � sai� he had a quest? c�n nn who w�.s �esp9nsiblc for law enforcement on the Islands of Peace. Mr. Clark said if they are in our jurisdiction, then we are. He said he would check into this. Mr. Harris said the_y hear shooting from the island so people must be target practicing and there should be some policing of the area. Mr. Clark said the City has a boat if they have to police it. rrr�r a rsnrnx+ r7nma+ 77 �1-' fiho m��-;�n ��rr7nYa 7» nl nIC�U_ Vcv�v e�a vv�.�.v vviu � ui�. 'v'v.......7 � I---�---Ln—'1 — - RECF,IVE SPECIAL PARKS AND RECREATION COMMISSION MINUTES: JUNE 18, 1973 MOTIDN by Lindblad, seconded by B1aar, fhat the Planning �ommission receive the minuzes of the SpeciaZ .Parks & Recreatiut� Commission meeting of June 38, I973. Mr. B.l�.ix° asked if the Flanni.��g Cominis�ion wr�uld 1_ik_e the d1l�I1l1L�S (JL LII� IIle�LlIlt� U= I.IlE'. L�1�UL"� LciK� bLUCiy '1'dSJS 1' VL'C'�, ri� S11C� thC�j� -hayr� }iar� nnp mPPtin�r, Thp ctiir�v �.rac tn �ee h�4d �'In()rP �A9�wa�� -vi�Ei �a -w�wr�.pa._v�v9�v a�.aaau ��' v.�L.n..iii2ili.d if ega. �r��vv�u�..�aiilwi -u����s r� � . Plannir.g Commissicn Meeting - September 12,_ 1973 Page .2 � . should be done, or what. - n Chairman Fitzpatrick sai� th� Planning Commission would like the minutes of thi.s� FnPeting. UPON A VOICE VOTE, a1I voting aye, the motion ca�r.ied u�ianimou�Iy. RECEIVE BUILDING-STANDARDS DESIGN CONTROL SUBCONiMITTEE MINUTES: AUGUST 30, 1973 M02'ION by Lindb3ad, seconded by Harr�s, that �he Planning CommasGav.ra recezve the Buildsng St�nd�rds-Design Control Subcar.rrni�ttes minutes of August 30, 1973. Mre Harris questioned if Brooklyn Tool would have enough parking area. Mr. Lindblad said they had been granted a variance. Mra Clark said thE:y have an agreement with their neighbor, Assurance Manufacturing, tha� they will have a join�t parking lot, ar�.a ha.ve �iven easeme??ts to each ather for this purpo�e. UPON A VOICE VOTE, a13 voting aye, the motion carried unanimous.Zy. 1. CONTINUED: PUBLIC I3EARINGe CONSIDERATION OE A REZON_TL�TG REQUEST, ZOA #73-08, RY NORTH SUBURBAN HOSPITAL DISTRICT: Rezone from R-1 (single.family dwelling areas) to CR-1 (general office and limited busi�zess), the areas Sou�h of 76th Avenue N.E.; East of 5th Street N.E.; North of 75th Avenue N.E.; and West of Unity Hospital, to allow con- struction of a medical.office building. Public Hearing Open. Chairman Fitzpatrick said the Planning Commission had received a letter from the North Sul�urhan H�snital l�istriat which was as follows: �a ' I would. like to reqt;es� a p�stp�a��m��x�. 4�' the h�aring regarding the rez�ning nf the North Suburban Hospital District property on September 12. The postponement is requested because of a conflict of another meeting. I would like the hearins� continued at the next meetinc� �1(1111:11 1� 51:.11CUtd1�� V11 .�7CZJLC1LtuC1 G�7 � 1� 1 J� . j1i�'lle�� �C.h�:rles E. Johanson, Treasurer, Nortli Suburban Hospital , District�. �I�. Fitzpatrick saiu he r2ad t�a lett�r because th�re were people pr��ent in the audi�nce for thi� requesto He said if anyone wished to ask any questions or had new input, they ^ could be heard at this t�a�t�, � Mr. Clark said he had a meeii�y w�.Lh the petitioner on September 5, 1973 and at th�t time they didn'� have the ar��flrmatian �h�� was r�qu�s�e� �r. ��gust �2, 1973. You ha� re��.?Ast�d � rlet r?�.r_ showing the location of the building, parking, driveway �nd access, and the elevation of the exteriar ��rtion o€ the 1�uilding. They � Planning Commission Meeting - September lZ, 1973 Page 3 will have a11 thzs information for the September 26th meeting. They will also have a description of the parcel this building will occupy. There�original request was for the entire 11 acres but they are asking for the smaller partion now. At your previous meeting there had been discussion of having this under a Special Use ir. an R-1 District. In 1969 our code was �evised so that a medica� �uilding could.be under a Special Use in this district. The oth�:r avenue was to rezone the property to CR-1. Mr. Fitzpatrick asked which way they wanted to go. Mr. Clark said they don't care, they just want to build the building. Mr. Fitzpatr.ick asked if we would have to publish the notice again wi�h �he new descripzi�n. �r. Llark s�id �du �an �Iw�ys recommend something more restrictive and a 5pecial Use would be more restrictive. • Mr. George Johanix, 7566 5th Street N.E., sai� there were things that the neighbors wanted in.regard to this request. They want a letter from the Board showing that they have a nFed for this building and are financially able to build it, ^ �hqw where the parking will be and what type of traffic control there w�.11 be, if sewer and water are available for this area, and a�re� tc keep this building for ten years �nd maintain it for this length of. time. Mr. Fitzpatrick said some of these things were things the Plannir,g Commission has already requested. They are a governmental LIiIZ� c;aiiu �i12 ��:�.ii u�1Si. 7.S 2'OU'. uiau u�� � SO �ilCi C �_.^� I`iv f 1iI�:.2'iC�..ii probiem. If this request was granted I don°t know if.we have any legal Yneans of making 'them keep this building �en �years or not. This could be determined at the Council level where the City Attor.ney is present. Mr. Lindblad said the reason for this request was so that the Hospital Board could sell this property and have it go into private ownership. Mra Clark said the questions of the neighbors and the Planning C���? �s?�r_ ��u?� �e 3ncw2?"�L� �t t??e �eptPmhQr 2�ith �.n�e�ang= MOTION by'Harris, seconded by Lindblad, that the Planning Commissian continue until �eptember 26, I973 tl�e tublic Hearing nn reznning reqvest, ZDA {{73-OB, by North �uburban Hospital Dis- trict, to rezone from R-1(single family dwe.Zling areas) to CR-1 (general office and limited business) the area South of 76th Avenue ^ N.E:; East of Sth Street N.E., Iv'orth of 75th Avenue N.E.; and West of Unity Hospital, to a13ow construction of a medical office build- � ing. Upon a voice vote� a11 vot�ng ��eo the mot?on c�rr_ie� unaniinousl y . � Planning Commission Meeting - September 12, 1973 Page 4 2. PUBLIC HFARING: CONSILERA�TON OF A REQUESm FOR A SPECIAL USE PERMTT, SP #73-08, BY an�� truck rental on Zots �o. 94, with exceptions, B� 3� E� JOHN J�HNSTONa To g 9 and 11 of Auditor's per Fridley City Code rmit tra���r Subdivision 45.101. Section Mr. Clark said the �etitioner has been aske�� twice for a ietter withdrawing this request, which we have not received. He did call on the phone and say he was withdrawing this petition �e�a.�ase �e ? s mo�r� a?c3 ����. �hi� �.r���� �Q �as �o need for the Special Use Permit. 3. �IIELIC uETP.I�"IG: ��r:S�T��"nz;mrnrT n� n u�xlFCm Fnu ,a ca�rTAr. USE PER.'�1IT, SP �73-09, B� OP�N ROAD INDUSTRIES: To permit a sales and service building for recreational vehicles on part of_ Lots ll and 12, Auditor's Subdivision No. 155, being parcels 2210 an�. 2400, per Fridley City Code 45.101, N. The same being ��00 Cei�ti.al Avenue N.E. Mr. Fitzpatrick asked what this request was for. Mr. Clark s�.id it was �c, se3.l ��d ser�r3�� ��r���3�n�.? ����%-��, ��a.c�. �� �7in�bagos, etc. . In their deed �ahen the�� bought th;s �rcperty �rom Targ�t the�e wa.s a covenant tha.t woazld prevent anyone �rom. bu�Zs�ing any ^ buildir,g that would obstruct the view of Embers from I. �94. This was a private restricti.on put on by Embers af the �cime 'che property . was pur�hased by �'arget. lhe petitioner is trying to get the covenanf less res-�rictive, but rather than have the Plannin3 ���n.i��iQn keep �ontiriuing this item, has sent a letter withdrawing the petition at this time, and if ihe legal problem can be taken care o� , wi�.�. reapply at a later date . r"1 4. REQUEST BY JOHN DOYLE, 6305 Ea.st River Road Mr, .Tnhn flnvlp wa� i]YPSP_]1'I': Mr. Clark said this item was beiore the C�uncil on August 20, ��73 and �as re�'e�r�d by Council to the Plan�ing Commissiona As I understand it, Mr. Doyle's attorney and the City Attorney an�. Mr. Qureshi were supposed to get together aiternate routes that �ould be taken to dispose of Mr. Doyle's request. Mr. Doyle's attorney is doing some research but neither.� attorney has any �hing in wri�ing �nis evening. •Mr. Nasim Qureshi said Nir. ]�oXle°s attorney has discussed a number of pro�osals and one of them was to allow this use as a temporary use until a variance car� �c c�b�aii�ed. Mr. Herrick has said that this use shat;tld not be allowed under a variance and it shouid be rezoned. Mr. Doyle's attorney has said there have been ra�PS �lln�ing t�is use with a variance. Mr. �ureshi said he was -�� �:�ie Pia�nir�g C�mminissi.on was f��i��a�e ���h ���e �is���y c�f this case. About a year ago Mr. Doyle dsl�c�3 i�i rezai�i�g of this propa ����' -r3� _�� �3� ���il�a it ��.� ����� ..��-�i��th _�-ha P7anni nr�r r-�mn�a�s�ir�n and �he Council. Planning Commission Meeting - Segtember 12, 1973 Page 5 Chairman Fitzpatrick said it states in Mr. Doyle's letter � �� Au�u�t i3, 1973 th�t �lih�ugh che n�ighber� petiLi�ned against the rezoning, at an inf.ormal poll at the City Council level there _ wasn't objection from the neighbors of his continuing his real estate business without rezoning. Mro Fitzpatrick said he wasn't at the Council meeting, but there was a lot of objection to this business from the neighbors at the Planning Canunissian level. Mr. Everett Utter, Councilman-At-Large, said it was so stated in the Council minutes that the neighbors didn't object to Mr. Doyle co�tinuing his business if the grogerty wasn't rezoneda Mr. Doyle said he just found out the day before this meeting t�at his item was on the agenda tonight, and it was too short of a notice for his attorr.ey who had previous commitmen�s. He wa� requesting that this item be continued until the meeting of October 3rc� aneeting so his attorney had time to pre�are a presentation. Mr. Utter said Mr. Doyle was at the Council meeting when this request was referred to the Planning Commission so this was not a surprise to him. . Mro Utter said because Mr. Doyle does not live in this home, he didn't see any way that this could be allowed with a Special Use Permit in an I2-1 area. Chairman Fitzpatrick asked if Mr. Uticer was objecting to the �� Planning Commission hearing this item at all. Mre Utter said in a way he was. He said MrQ Doyle h.as ask�d for rezoning, which has been denied. He is asking for an orc�inance change so that this can be allowed in an �t-1 area with a Special Use Permit. This woula be opening a pandora's box because it would ]�e all�Winc� CR-1 �US1?1F?SSP$ i n t1_?e rc�sidenti al ar_eas thrnughout the City. We have.land zoned commerical in Fridleg, and I want the commercial business to be in these areas. Mr. Harris saici he was opposect to letting tnis nusiness operate under a variance. I think this is perverting the law. I think this �itaici�er shoul3 be se��led o�ee a7d ior all. Le�'s not co�tinue to keep dragging the neighbors in here to protect their rights. I°m opposecl to trying to skirt the zoning ordinance. iii . naiiia Saiu ii Ltii� �iv�ci t�".'y' iwca$ yi�iiay 't''..v uc �.viac� ar'.D—i' then the entire area should be zoned CR-1, so we don't have spot rezoning_ He said that according to the comprehensive plan, this is a changing area, so if any rezoning were to be done, the neigh- b�rs'should get tagether �.nd rezone the entire area. Chairman Fitzpatr.ick said this was considered a changing area because of the various requests that have come in for this area. � 1�. Clarl, said the guide line of the comgrehensive plan was ' for high density housing, which will still keep the area in resi- cl�ntial u�e, nat commercial. Planning Commission Meeting - September 12, 1973 Page 6 n Mr. Harris said he was not aginst home occupations, but this does not fall into that category because Mr. Doyle does not live in the home. Mr. C1ark said the Council wants input from the Planning Commission. The Planning Commission can't give any input until we hear from Mr. Doyle's attorney and the City Attorney. Mr. Harris said he feels we have the machinery in which to operate. This propery is zoned R-1 and I don't see how we can recommend a variance when we have zoning laws. Mr. Clark said the PSanning Commission isn't being asked for a variance or if this should have a zoning change so it can be allowed in an R-1 area. . The Council wants to know if you can recommend any other way to handle this request. Mr. Fitzpatrick said he didn't think the Planning Commission had any information to act upon at this time. He asked Mr. Utter what the Council wanted when they recammended this to the �lanning Commission . Mr. Utter said it was just recommended to the Planning Commission. The Council couldn`t come to any decision, and I 7 7�. .7.�« I 1 L...... LL... nl -......; ...�. ni+..,m� .-..-.; .-... '�-h-..r v� ."ia'.ai� � icai.�.y uvii �. acc iivw a..tac L a.uaaias.iiy �.vaiva..LOOS.vaa �uii �.i a...i�..� .. ai... he agree�. with Ntr. Harris that this was R-1 zoning and we are waiting for a decision by tr�e attorney's to f ind some wa_y to sneak around this zoning. Nlr. Doyle said that if the attorneys do find a solution for this, he felt the Council and the Planning Commission were making an arbitrary decision by not waiting until his attorney could prepare his findings on this matter. He said his attorney was an expert on municipal law and he didn't want them to not be even be willing to listen to what he has to say. Mr. Harris said that as Mr. Doyle's attorney was preparing a statement he wanted to pr�sent that it wou,ld only be fair to the petitioner to continue this item as he has requested. MOTION by Harris, seconded by B.Zair, that the Planninq a�.v^a'iiai�3.S.^�.lv^^ COia�.:.iiu� .f'.:i° T°y^i:r°St � y v7�h� I1�7 7g� !r+?�S F'?�t R7 (7PT Road N.E., until October 3, .I973, to a11ow his attorney sufficient t.ime to prepare his case. UPON a voice vote,_ a11 voting, aye,_ the motion carried unanimously. Mr. Clark said Mr. Doyle's attorney would have to convince our City Attorney that this use could be allowed. Mr. Lindblad said he felt that this is how some things, that �1 a�en't al�rays in the best interest of the City, happen. Some rcquest: - just go on and on, and the people get disgusted and quit coming to the meetings, and without opposition the petition wins approval. He said he thought this was unfair to the people who live i.n this . area. � � �"1 Planning Commission Meeting - September i2, 1973 Page 7 • . - Mr. Dayle said at this time of his rezoning request, the Council said there was a comprehensive plan being prepared. It there any action on this? Mr. Harris said the Council was waiti.ng at the time to see what the guidelines would be for this area. The comprehensive plan said this area would lend itself to high density housing. The comprehensivE plan does not rezone any gr�perty, This reque�t still ha.s tc� cQan� fr�m the property owner. Mr. Doyle said he would like to have this request in limbo until the area is changed to a different use. He said the property along East River Road is a heavily traveled area. It's between this heavily traveled road and the railroad tracks. He didn't think_ this v�as cond.usive to an R-1 area. Chai�man F.itzpatrick sa�d thi� pronerty was zoned R-1 when Mr� Dayle pu�cha�ed the property. Mrs. Gerald Gerber, 6275 East River Road, said she raised five children in this area and she thinl�s there is danc�ers no matter where youu live. You just have to teach your children of the dangers. She said she likes the area the way it is. If this areas went to high density nousing, �ast niver ic�aa, iiie �aii�vau tracks and the river would all still be there. Mr. Clark said when the comprehensive plan said this area could be used for higY� d�nsi�.� housing, this was in the future, and was a guideline so that with this use there could be controiled access to East River Road. My �, r.�� An r,�n 1 1 P; 3� ti 3 rc3 Wa�r N. E.; said she saw no reason for a change in �.h� area at the present time. �She likes the way it is also. Mre Fitzpatrick said that no one from the City is requesting a change. This request would always have to coYne from the property owner�. The comprehensive �alan is just a guideline for any future d.evelopment. � Mr. Clarls saict tnis req�.es� wiil be �ii �i�c 4�unci� ay~ei.ua next MQn�ay n�ghtf sSP��PI1��� �7�h. There will be a report on how this property is being occupied now and the� wi11 1�� discussing whether to allow Mr. Doyle to continue on the small scale he is operating now on a very ice�t�orary basis, during the time that �� �;�1 1�P listPning to the attorneys to determine if there is an alternate route by which this use can be allowed. Chairman Fitzpatrick said this would be on the Gouncil agenda September 17th as Mre Gl�.�k mentioned, and on our agenda October . 3rd. %"'� n Planning Commission Meeting - September 12, 1973 Page 8 5. MEMORANDUM FROM PAUL BROWN: ST.AFF MEETING ON PROPOSED ARMORY SITE FOR FRIDLEY MOTION by B1air, seconded by Harris, that the Planning Commission receive the memorandum from Paul Brown on the staff ineeting on proposed armory site for Fridley. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Clark said on which they would can contact him anr� on tlie date you set . this Planning Commission should set a date like to meet with General Cheeseman. We see if he can meet with the Planning Coan.mission Mr. Blair wondered if we should have a special meeting for this item. Chairman Fi.tzpazrick ask��. ii an� staff people wauld 3ike to be at this meeting. l�ir. Clark said he thought Paul Bra�nrn an.d Bab �1ldrich wou�.� i�k� io be here. Mr. r^iL���i�ic1� �aid ii this was gbing to involve City people maybe we should have a special meeting for this because they wouldn't want to sit through a whole agenda. Mr. Blair said all we have talked about is City people. There might be civic groups that might want to be hereo Mr. Lindblad said so far all we have heard is the good things we �rould have with an armory in Fridley, but I haven't read ariy discussion.about any drawbacks. Mr. Clark said this was true. He said the armory will cos� money and the�e will be vehicular tr�cfic generated when the Guards were going on maneouvres, to mention a cauple. Mr. Harris asked if we should make this meeting a Public uaar; r,c� ant7 havP i 1- nurhlished in the paAer. Chairman Fitzpatrick said he felt this first meeting should be iEor our own information. Mr. Blair asked if anything was discussed about ].ocation. Mr. Clark said two site were selected and General Chees�man looked at both oi thetY►. On� was Ly �he Fridley High School by Moore Lake and tht� �i;�e �i� Nr�ieiieu wa� uCIL.WC�ll � �� �cc nre�a and tt;e Ci}y �arage. Mr. Lindblad said he would like to hear inore pros and cons on Li.i.S NiCi�OSni ucivi� �ilrcy ilav� u Di:,.�'3ZZC ?j°uT'1.11C*j. H� COY?tl?111?� t�l?f he wondered how much we want to be under the Federal government. � �hey can promise a lot �= Lhinc��, P�u� �hey could, for instance, fill � the�parking lot with tanks and trucks, and what control would we � have. Planning Commission Meeting - September 12, 1973 Page 9 � Mr. Fitzpatrick said his big question i� how much use we will get out of this bui?cJ.ing. How much recreational use will we get, whicYl we neeQ, a;:': i= we C�o, V1�i10 �cty3 ivt �37ai.. I ikvuiu like to h�ar Paul Brown say what needs we have that will be filled by this armory. Mr. Harris said he thinks there is confusion on the size of the armory. People are thinking of the downtown armory and its size and how it is used. This will be a much smaller �.rmo�y anri wi11 not have the use the large armory has. The drill hall is only 70' by 100' in the proposed armory, which is not a large area. Mr. Fitzpatrick asked if we want to set up a special meeting. He asked if the lOth of Octobe� was too far away. Mr. Blair asked Mr. Cla�k if �i� kn�w when the comprehensive park plan would be ready. Maybe this could be included in this special meeiing. Mr. Clark said another thing that could be discussed at this special meeting would be the flood plain ordinance, because you will be holding a Public Hearing on this November 7, 1973 and it would be nice to have it discussed before this hearing. r"1 MaTION by Lindb�ad, seconded by B.iair, that the Planning Commission set alternate dates of October 3 and October .70, �973, to discuss the armory proposal, the comprehensive park p1an, and the flood plain ordiaaance. Upon a voice vote, all.voting aye, the moiion carried unanimousZy. C�1�1Y`11`�1tiI1 i' �. L G�Jd L.L 1l:Ji dCi.'j vi:tiitcu Vtic ai►cc a'�".3.i2C� c'1'� �. �: v�i P. i!�. Respectfully submitted, �./l�.rr�',�"u;�-. �z�i-z�c�r�/ Dorothy Ev�nson, Secretary � _ .,�- �Y��� �� ��� , �, �� - .�� - �3 r � � �� ���-- . �> � -� �- � � � � - �`-�^/^/ �,�Q� �� _ � o - �..� ._ _,%--�� �;� , . � / � G � e c �% �� ,� �� �,� -� a�� �, �',�.�D� _ . �� d%� -' -� � �� ' �'�.�'��� �s�s��- s" � � - �'' � - ' . . �,. �s7 �- 5� S�`� n� � �.,� �..�.�r: to---<-+ " G�` ' � , ... / h �,�, ?�;� 7sG6 � � �-- ,d'z� �� �� . a U � �t a�_--� _ �$` 2--T . �.�, . . -�-,� , �r��, ; �-..c�, ����.e � . 7ssa s�-�- 7J � 7�� � ���%���-�—_ ? 5 �� � � ,� . ��L � � _. ��.� - .� �...�R ��- ;� t=; . . '� �3 �/—�%"� ��%' ,� �.,, 753� ������' � ` '�``�..�.