PL 10/03/1973 - 31156� CITY OF FRIDLEY
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PLANNING COMMISSION MEETING OCTOBER 3, 1973
PAGE 1
�,��,.�, �'-;:�:
CALL TO ORDER:
Acting Chairman Harris called the meeting to order at
8:05 P.M.
ROLL CAI.L :
Members Present: Harris, Lindblad, Drigans, Blair
Members Absent: Fitzpatrick
Others Present: Darrel Clark, Community Development Adm.
Jerrold Boardman, Planning Assistant
1. CONTINUED: JOHN DOYLE REQUEST FOR A REAL ESTATE OFFICE:
6305 EAST RIVER ROAD
Mr. John Doyle and Mr. Jeffrey Carson,�an attorney�representing
Nlx. Doyle, were present.
,� - Mr. Carson said he was representing Mr. Doyle and he would
� loke to present this request in a form of a memorandum which
� states:�
i . �
� "On or about May 3, 1972, John Doyle (d/b/a/ Leigh Investments,
,' Inc.) presented an application to the Planning Commission for a ,
rezoning of h.is pro�erty on 63rd Way and East River Road, Fridley,
Minnesota, to CR--1 class. Thi,s culminated in a denial at the
regular Council meeting of June 19, 1972. The feeling was at that
time, however, that people living in.the area were�not opposed to
the requested use, but were opposed to the rezoning. This was so
indicated in the minutes of both the Commission and the Council.
r1
�"K_ �
At the time of the beforementioned hearings, a comprehensive
plan was being developed for a number of areas within Fric7ley, the
area in question being one of these. Since that decision of Jun.e
19, 1972, the City Council has adopted, for the area in question,
a proposed zoning of "high density". This, to a large extent is
due to the fact that the area is in a transitional stage and it
is apparent that the R-1 zoning classification will not be ap=
�ropr�.ate. k'rom my discussions with some of the neighbors immed-
iately �urrounding Mr. Doyle°s property, it is apparent that they
realize a change is imminent and are anxious for a decision to be
made with respect to their property. It was also my impression
that these people were not unilaterally� opposed to Mr. Doyle's
use of his property as a real estate business. The area in question
is shown on the attached map. Also, for your information, I Yiave
attached a list of those neighbors we were able to ascertain to
be within 300 feet of the designated property.
With this background in mind, we chose not to reapply for a
zoning change. This, in part, was brought about by the Board's
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Planning Commission Meeting - October 3, 1973 Page 2
��"'� strong recommendation that rezoning would not be viewed favorably
at this time. This left us the sp�cial use or variance alternatives.
Minnesota Statutues 462.357, Subd. 6, seems to eliminate.the variance:
/"'1
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"...The Court of Appeals and Adjustments or the governing
body as the case may be, may not permit as a variance any
use that is not permitted under the ordinance for �n the
zone where the effected persons' land is located."
On the other hand, the leading case of Zyllka vs. City of Crystal
167 N.W. 2nd 45; 283 Minn 196 (1969) suggests that a special use
might be in.order. There the Minnesota Court indicated that a
special use permit was properly within the discretion of the govern-
i�g body. They went on to say that where an ordinance does not
specify standards, as is usually the case when final authority to
determine whether a permit shall be granted is retained by the
Council, an arbitrary denial may be faund by a reviewing court
when the use is compatible with the basic use authorized within
the particular zone and does not endanger the public health or
sa�ety or the general welfare of the area affected or the community
as a whole. This view is confirmed by�Section 45.191 of the
Ordinances of the City of Fridley where it is set out that a
reasonable degree of discretion in determining suitability of
certain uses is given the City Fathers.
Generally, when passing on a special use permit, the governing
bodX looks to.the �ollowing; health, safety and welfare of the
commun,�ty �,ncludi.ng traffi.c hazards, land valuations, compatibility
o� uses and the overa7.l character of the area as it is, and as it
is to be. The comprehansive plan has ind'icated that East River
Road which is adjacent to the property in question is a major source
of traffic congestion and danger. Also, the entire area in question
was proposed as a high density use rather than R-1.
It is apparent that Mr. Doyle°s proposed use of his property
for a small, local real estate office, will not add to the traffic
hazard already existing in the area. Likewise the health, safety,
and general welfare of the community will not be affected. The
operation as he proposes to use it, would certainly be compatible
with the existing homes in the area. It is uncertain at this time
what effect, if any, there would be on land values. I expect that
in the long range, after a serious rezoning is contemplated for
the entire area, the net effect of land values will be to increase.
Foz these reasons we are making application of a special use
permit under section 45.5, Subsection 4, of the�Ordinances of the
City of Fridley, a copy of which you have before you. It is my
belief that Subsection 4, entitled "Other Uses", may be interpreted
to mean, other uses similar to those specifically set out in your
. ordinance as permitted uses by special use permit. �I�th this in
�� mind, and the realization that the area is in a state of flux, I
i'` am asking both the Planning Commission and the City Council to use
the reasonable degree of discretion permitted them by State law and
, to make a determination that a special use permit be granted to Mr.
Doyle."
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Planning Commission Meeting - October 3, 1973 Page 3
�� Mr. Clark said the Council sent this down ta the Planning
Comm�ssion to see if they could determine how this request could
be handled within the confines of our present ordinances. At
the present time, we cannot accept the application of a special
use permit. Tt will be up to the Council and the City Attorney
to determine �rom any recommendaion made by the Planning Commis-
sion whether or not we can accept this application.
Mr. Harris said the recommendations made in the Comprehensive
Qlan are just guidelines. Just because this is considered a chang-
ing area, it does not mean that rezoning is imminent. If the fee
owners of the proper�y want it to stay R-1, it will stay R-1.
Mr. Clark asked Mr. Carson if he would explain how he interpreted
�ubsection 4 and why he felt Mr. Doyle could apply for a special �se"
permit undex this subsection. Mr. Carson said this subsection is
headed "Other Uses" and says "For other uses, other than dwelling
units, permitted uses and uses requiring a special use perm�t,"
�ndicating or suggesting that other uses other than those listed
for a special use permit could be allowed, otherwise, why this
section on other uses. I am not presenting this as an argument,
only as a rationale to allow my client to apply for a special use
�2,z'I[ll.t ,
n Act�,ng Cha.�rman Harris said �Yiat under Section 45.052, Paragraph
� 2, under "i7ses Excluded" it states "Any use not specifically per-
mitted in the preceeding paragraphs of th�s section." He asked
Ntr. Carson how he interpreted this statement. Mr. Carson said he
interpreted this as not excluding what th�y proposed under "Other
Uses". In other �words, other uses are permitted, similar to those
that are permitted. In the new code, Section 45.19, it states that
the purpose of a special use permit is to provide the City of
Fxidley a reasonable degree of discretion in dete,rmining the suit-
ability o� certain types of uses etc. That's what we're asking:is
that the City of Fridley exercise that reasonable degree of dis-
cretion to allow this request to be handled as a special use.
Mr. Clark said he didn't want to give his interpretation of
Subsection 4 but he would like to give the Planning Commission some-
thing for thought. It depends upon how you pause when you read
this paragraph. I believe that this subsection means that when
you are considering a special use permit for the reasons enumerated
�.n this section, that then the requirement for setbacks, buildings,
parking,� landscaping, screening and exterior materials shall be
at least comparable to similar uses in other districts. In other
words, for other uses, other than dwelling units,� permitted uses
and uses requiring a special use permit, the requirements change, �
and they have to go to the section of the code where these things
are allowed without a special use, and�use those requirements.
n Mr. Carson said that refers to other sections of the Zoning Code
�f � and that is what he has done also. Mr. Clark said that in other
sections of the code, it does have the statement that other retail
or wholesale sale or service uses which are similar in character to
' those�enumerated above, will not be dangerous or otherwise detri-
Planning Commission Meeting - October 3, 1973 Page 4
,., mental to persons residing or working in the vicinity thereof,
� or to t.ie public welfare, and will not impair the use, enjoy-
ment or value of any property, but not including any uses ex-
cluded herei��after. In other words, in the C-1 section of the
code, for instance, if it says.a creamery can be allowed with a
special use permit, then an ice cream making plant could be
allowed because this is similar in nature. This is not what
Subsection 4 says. Mr. Clark said that if the Planning Commission
was favorable to this request, they could recommend to the
Council that this be allowed under a special use as the ordinance
' reads if they agree with Mr. Carson's interpretation, or else
recommend that the code be changed to allow a real estate office
in the uses enumerated under the Special Use section.
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Mr. Carson said he believed the Council felt that changing
the code was the ?east desirable recommendation.
Mr. Drigans said he questioned the statement in the second
pazagrph of the memorandum where it states that in your discussion
with the neighbors, it is apparent that they realize a change is
imminent and are anxious for a decision�to be made with respect
to theiz property. He asked Mr. Carson if he could elaborate on
that statement.
^ Mr. Carson said the neighbors are under the impression that
� rezoning is imminent. They have expressed frustration because
tliey would like to know what is going to happen in this area. He
- . said he thought his was up to the Council to decide. Mr. Drigans
said he thought this was up to the fee owners of the property.
Mr. Clark said that according to the ordinance the City can start
the rezoning process, but the property owners can come back to
the City if they feel they are being hurt financially by the
change. He said that the City in�stitutes a zoning change very
�seldom.
Mr. Harris said his feelings we.re that according to the Sth
amendment to the Constitution that people have the right to life,
liberty and property, t_irough due process. He said he wasn't
an attorney, but I think if rezoning was iniated by the City where
I live, and it was zoned R-1 and I wanted to continue to live there,
I think we'd all be up seeing the judge in Anoka County.
Mr. Carson said he thought Mr. Harris was right, but on this
particular area, they have the railroad on one side, and improvement
of East River Road to handle more traffic flow, and they are hold-
ing up the improvement of some of the streets in the area until
they determine whether this area is going to retain its character.
Mr. Harris said a comprehensive street plan was developed about
five years ago. The City is going through the City section, by
� section, until all the streets are improved as to curbs, gutters,
�-: sewers and storm sewers. As this area was paved in 1956, it has
a low priority in relation to areas that have no improvement.
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Planning Commission Meeting - October 3, 1973 Page 5
Mr. Drigans said that Mr. Doyle came in a year ago for re-
.zoning so he could operate a real estate office, and this was
denied. I would like to know the status of this business at
the present time. Mr. Clark said he was there about three weeks
ago, and there was a woman tlzere to answer the phone and it was
not being used as a residence.
Mr. Doyle said he had to start using this house because he
had to move from his former office in July. He wrute a letter
to the Council dated August 13, 1973 requesting that he be able
to use this residence �or his business while they studied how
this could be allowed in an R-1 area. Mr. Carson said the Council
gave Mr. Doyle ttiis permission, while they were exploring if this
could be allowed with a variance or under a special use.
Mr. Blair asked Mr. Doyle if he was going to make any ir.iprove-
ments to this propE�rty. Mr. Doyle said the improvements he ia?teSls.�s
te make woulcl renuire no permits. He intends to paint, make.some
� � • repairs•and do some landscaping. �
Mr. Doyle said he knew that if he lived in the home, his real
estate business would be a legal home occupation. But the house
^ is too small for his family and he would be forced to greatly
� expand the dwelling. This would constitute a large investment and
would be very burdensome.
Mr. John Othoudt, 20 63rd Way N.E., said he can see how the
City is growing: With the completion of the railroad development,
I look for more industry to come into this area, because of the
access to both the railaroad and to East River Road.
Mrs. Gerald Gerber, 6275 East River Road, said she liked her
home and it took a long time to get it the way it now is. She
said she knew it was not the most desirable location but she was
used to it and she likes the area. 5he said if any rezoning was
going to occur, it should be for the entire area and not just one
street. She said she always felt this area would stay R-1, even
with the railroad so close and never thought she would have a busi-
ness next door. She said as far as Mr. Doyle's proposal was con-
cerned, she would rather have a neighbor-businss than a business-
business next door.
Mr. Loren Wolle, 33 63rd Way N.E., said he would be next door
to this business. He said this was a secluded neighborhood. They
are off by themselves, and that's the way he likes it. He said he
had nothing personal against Mr. Doyle, but he didn't want a business
next door. He asked if this area has been set aside for rezoning
by the comprehensive plan.
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�,�' Acting Chairman Harris said this is one of the areas studied in
the comprehens�ve plan but the comprehensive plan is not a hard
and fast fact. The people in the area are the ones to say what
will go into the area. Mr. Clark said that before the City could
rezone this area, they would have to prove that this was-�or the
Planning Commission Meeting - October 3, 1973 Page 6
�'�� betterment of the whole City befare they could ask
proceedings. Mr. Boardman said studies were made
seemed to be changing areas. Guidelines were set
rezoning was not good in any area. �
for condemnation
of areas that
up, but spot
Mr. Doyle said he would like the opportunity to use this
property and he will upgrade and enhance this property. I would
].ike to use this property under a special use until we know what
is going to happen in this area.
Mr. Harris asked that if this special use was granted, and Mr.
Doyl� moved out of this property, if another real estate comgany
could come in and use the property for the same use, under the
same special use? Mr. Carson said he thought they would have to
re-apply. P�lr. Clark said that if it was the same small type of
operation, he thought the special use would still be in effect.
Mr. Wolle said if this special use could continue after Mr.
Uo�.l.e left the property, he would definitely be against it. He
. .� , thought.it should revert back to R�-1, with no special use. �
' Mr. Drigans said that on Mr. Doyle's application for a special
use permit, he was asking for parking for 10 cars and a 48 square
foot lighted sa.gn allowed under CR-1 zoning in the sign ordinance.
^ iie thought this sign should not be on this application. We have
�'` a separate sign ordinance.
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Mr. Doyle said a more practical request would probably be to
have parking for�only five cars. I have the room to provide more
spaces, but my concern is not to have the street full of cars
because of this request. I would like to have the sign to announce
my presence in the area, a lighted sign that is 48 square feet,
according to the CR-1 regulations, out along East River Road.
Mr. Lindblad asked Mr. Doyle why he want to utiliz� this
property for an office when there are commercial area�, like
Holly Center for instance, where you could have a real estate
o�fi.ce w�.thout a11 these problems .
Mr. Doyle said that different real estate companies, such as
Calhoun, Edina, Be].1 and one or two others, have had offices in
Moon Plaza and they have all left in about a year. You do not
get the traffic needed for a real estate office in that location.
What T want to do is expose my business to traffic. I have done
my own traffic count, and there are about 600 vehicles an.hour
going past this property I have on East River Road. He said his
land covers a large area, almost 3/4 of an acre.• It has a lot
of trees on the property and does provide privacy for the neighbors.
Thi.s, coupled with the fact that analyzing this from my point of
view, that if this area isn't changing now, it will be changing.
Mr. Drigans asked
oil stations that have
are difficult to heat,
have high rent.
him why he didn't try to rent some of these
gone out of business? Mr. Doyle said they
would require a lot of refurbishing and would
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Planning Commission Meet��g � October 3, 1973 Page 7
Mr. Ron Steckman, 58 Rice Creek Way, said he was herE as an
interested citizen. He said he is a salesman that operates from
his home and he was in favor of Mr. Doyle's real estate office
being allowed. He thinks Mr. Doyle will be upgrading the property.
He said if he wanted to put up a sign with his name on it on his
own property, he wouldn't want the Council to tell him he couldn't.
Mrs. Gerber said she didn`t think a 4'x8' sign was going to
upgrade the neighborhood.
Mr. Harris asked Mr. Steckman if he had his business in his
own home. Mr. Steckman said he did. Mr. Harris said that was
the difference. Mr. Doyle does not live in this home.
Mr. James Langenfeld, 79 632 Way N.E., said he could see more
problems for the City if Mr. Doyle was allowed to operate a real
estate office in an R-1 area. Mr. Drigans said we can get problems
if we deny this, also. There are a lot of home businesses that
don't quite meet the ordinance requirements.
Mr. Langenfeld said that Mr. Doyle seems like an intelligent
business man so he thought it was strange that he found himself
in this predicament. Mr. Doyle said his request was similar to
�1 requests made in other communities. There, rezoning to CR-1, was
�"` allowed because it had the least impact on a residential area.
Mr. Clark said he didn't think the City could handle this
request without.a change in the ordinance.
Mr. Harris asked Mr. Doyle if he had had any meetings with the
neighbors on this request. Mr. Doyle said he had and he still
felt the neighbors were not opposed to his request to have a real
estate office. There were concerned about what changes would be
made in this area. He said they talked about having a�meeting with
someone who could tell th�m what plans were being considered, as
long as �the City felt this was a changing area.
Mr. YnTolle said that was why he was opposed to this request.
Once you let something commercial into the area, it could snowball,
and the area would change.
Acting Chairman Harris said that although this was not a Public
Hearing, he would like to close the discussion so the members of
the �lanning Commission could discuss this request.
Mr. Blair said he was in favor of this request being handled
under a special use, with stipulations. He said he has seen this
property and he believed it would meet the CR-1 requirements fo�
� buffer zones, it is large enough, and on the North side there is
�, screening. He said he thought the parking should be limited to
five cars. He said the only other stipulations he could think of
at this time is that there be no storage of materials on this lot,
or improvements to the other lots. I think the sign ordinance
will take care of the sign. �
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Planning Commission Meeting - October 3, 1973 Page 8
Mr. Clark said the size of the sign could be restricted as
a stipulation also.
Mr. Boardman said that in reading the ordinan�e, the sign
would be governed by the zone that it is in. If he wants a sign
that is larger than what is allowed in an R-1 district, he would
have to go to the Board of Appeals for a variance. He said he
didn't see how a special use on a structure can follow thr�ugh
on the sign.
Mr. Lindblad said he was opposed to this request. He said
more of the neighbors were against this request than were for it.
He said Mr. Doyle was not living in the house and we would be
spot rezoning with a different name. You've got parking, traffic
and a sign. You've got a business. I have to consider if I would
want this in my neighborhood or not, and I wouldn't. I feel one
nei:ghborhood is as gooc7 as another, so the neighbors have to be
considered in this request.
� Mr. Blair said he felt the neighbors weren't objecting to the
use of the property, just the rezoning.
Mr. Lindblad said if anymore requests come from this area,
for use different from R-1, then he thinks the area should be
_ rezoned, but it was up to the residents of this area.
Mr. Drigans said Mr. Doyle was in business to make money and
to do this he would have to be successful. Anoka is a good area
�ox xeal estate, so �,� he �.� success�ul, his business will grow
and ex�and. He bouc�ht this house, not to live in, and to operate
a hus�;nes�. � have to agree w3.th Mr. Lindblad, in that you can
call �,t what you want, but he is requesting to operate a business
in an R--]. area. I feel if we recommend a special. use, we're
. tell�ng not only real estate people and other sales people, that
they have a right to speculate and buy a small house so they can
open up some type of small business. I think it is obvious that
peop7.e in this area wouldn`t object to.having a neighbor in the
real estate business,� but I consider this a business, and rT�t a
nei.ghbor .
Mr. Blair said what do we do about illegal home occupations.
He said he knew there were people employing outside help for their
home businesses. He said Mr. Doyle was honest in his request, and�
we are�turning him down.
Mr. Clark said if these illegal home occupations w�re brought
to the attention of the City, the City could investigate and
regulate them.
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�,. Mr. Clark said the special use permit was designed because
- some of the lots in Fridley border on commercial, even if. they
are zoned R-l. When a request is made, we look at the pros and
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Planning Commission Meeting - October 3, 1973 Page 9
cons of the request. The question here is whether you want
real estate offices to be considered in R-1 zoning.
Mr. Clark said that he could not interpret the present
ordinance so that real estate offices can be under a special
use permit in R-l. If you want to consider this use under a
special use, then I think lawyers offices should be consi�ered
also, because if you think real estate offices can be considered
under a special use, then lawyers offices are the only thing
left out that are considered in CR-l.
Mr. Clark said th.ere are three things the Planning Commission
can recommend to Council. You can deny the rE.quest, you can
recommend that the ordin�.nce be changed to allow real estate offices
in an R-1 area, or interpret the code the way Mr. Carson does, and
say that this is allowed under our present zaning ordinance. �
Mr. Harris said Mr. Doyle's request has precipated this,
what we recommend will not affect Mr. Doyle directly. We would
not be rer.ommending that a special use be granted to Mr. Doyle.
That would still have to be a separ.ate Public Hearing. We have
to consider whether we want to recommend that real estate offices
can be under special use or if it can be allowed under Subsection
4.
Mr. Lindblad said we have these uses under our. present
CR-1 zoning.. �
Mr. Clark said that one thing to consider was that a special
use permit is more restrictive than CR-L zoning. Mr. Harris said
a special use permit is like a contract between the City and the
app�_icant.
Mr. Drigans said if we put.too many restrictions on this
request, we might be infringing on Mr. Doyle's right to do business.
Mr. Clark said if Mr. Doyle agrees to the restrictions, then he
is content with the stipulations.
Mr. Drigans said we do have a zone for real estate offices.
When Mr. Doyle asked for rezoning, it was denied, because the people
didn't want a real estate office in their neighborhood.
Mr. Carson said that what you are saying is that the zoning
code is the zoning code. We think this is a changing area and
the zoning classification could chanre. This use will not be in-
compatible with the area. You are granted discretion in inter-
preting the code.
Mr. Blair said he �hinks there.are other R-1 lots in Fridley
that border on CR-1 uses in that ther� are buffer zones and they
� � meet the required screeni.ng requirements.
r
, Mr. Drigans said if therE are lots like these, then I would
have to conclude that there are other business other than real
' estate th<<t could go on these lots. �
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Planning Commk�ssion Meeting - Octcber 3, 1973 Page 10
Mr. Harris asked Mr. Clark how many lots there were like
this in Fridley. Mr. Clark said that any lots that are on a main
arterial street would be in about the same situation.
Mr. Lindblad said the purpose of the various Boards and the
Council was to study each individual case and try to determine
what was the best decision. As to this request, I have to take
into consideration the objection of the neighbors. They bought
in an R-1 ar.ea and have stated they want the area to stay R-l.
Mr. Clark said this is the reason for a special use. The
neighbors did object to rezoning, but with a special use, the
property will remain R-1.
Acting Chairman Harris asked if the other members of the
Planning Commission felt this request could be handled under
Subsection 4.
Mr. Blair said he felt that this could be handled this way,
witr� special restrictions as to the�buffer zones, etc.
Mr. Drigans said his interpretation of the code is that we
have a special section for real estate businesses. We can make
a case for any type of office or similar occupations of selling,
in Subsection 4. If that be the case, then I think we should
recommend to'Council a consideration of changing the code to
grant special uses to those lots that the Council.feels.ar� buffer
areas between two zones and not limit it.to real estate office
but for additional uses.
Mr. Lindblad said he still feels that each request is an
individual case. I think the us� are defined qui�te well for
each zoning district.
Mr. Harris asked if we should define what should be allowed
with a special use permit as to other uses. Mr. Drigans said that
if we do, some one will come in with a request that is not specifi-
cally mentioned. . �
Mr. Harris said he believes, like Mr. Lindblad, that if we
were to follow the Zor.ing Codes to the letter, it would not be
necessary to have a Board or a Council to decide these things.
He saiel that in areas that are zoned commercial or industrial,
we don't have to be so strict on what goes into these areas. When
you get to R-3 and R-2, you're starting to talk'about where people
live and by the time you get to R-1 zoning, you are taking about
a man's home and I believe a man's home is his c«stle. If the
neighbors are willing to give up their rights of privacy, then
I could go along with this request. He said he feels that there
should be a change in the code, to expand the uses allowed with a
special use permit in Section F, of the R-1 Zoning Code. I think
Subsection 4 is ambiguous and should be changed. I think the
'other uses' should be struck from this paragraph so that someone
won't use this paragrph to construe other uses, to.other uses
than the ones listed.
Planning Commission Meeting�- October 3,.1973 Page 11
�-"-� Mr. Clark said if you ar.e going to add otr.er uses to
Section F, under special use, you should include lawyers,
real estate, medical and dental.
Mr. Clark said that if Mr. Doyle was worried about the
time element in changing the code, that this would take no
longer than meeting the requirements of applying for a special
use permit.
MOTION by Drigins, seconded by B1air, that the Planning �
Commission recommend to Council to consider amending the Zoning
Code to allow real estate offices and Iawyers office to be
added to a use allowed witr. a Special Use Permit in R-1, Section
45.051�, Paragraph 3, F, to R-2, 5ection 45.061, Paragraph 3, F,
and to R-3, Section 45.071, Paragraph 3, H, and to add to the same
three 2oning Districts the statement: A11 uses which are similar
in character to those enumerated above, will not be dangerous or
otherwise detrimental to persons residing in the area thereof, or.
to the public welfare, and wi11 not impair the use, enjoym�nt
or value of any pr�operty, but not including any. uses excluded
hereinafter. Upon a voice vote, a11 voting aye, the motion
carried unanimously.
Motion by B1air to amend the motion, seconded by Lindblad,
�� that the Planning Commission also recommend to Council that
�� Subsection 4,, entitled OTHER USES in the Zoning Districts of
R-1, R-2, and R-3, is ambiguous and very vague. This should be
rewritten so that it is definite that it pertains to uses which
are specifically stated as aZlowed under�a special. use permit.
Upon a voice vote on the amended motion, a11 voting aye, the
amended motior. passed unanimously.
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2: COMPREHENSIVE PARK PLAN
Mr. Jerrold Boardman, Planning Assistant, made the: presentation.
Mr. Boardman said the main reason for developing a park plan
was that previous to this, all we have had is inventories of what
we had on the plan�and no directs.on per se, as to where property is
needed and what type of facilit�• was needed.
This comprehensive park plan is a guideline to direct the
Parks & Recreation Commission and also the Council in setting up
priorities, as to which areas need parks and where they should
try to acquire land for this use..� .
At present we have 430 acres of park property and 100 acres
of school property that could be used for recreational purposes.
The goals that recreation should accomplish are: (1) physical
Health, (2) mental health, (3) the social adjustment of the individ-
ual, and (4) intellectual and aesthetic expression.
� The way to accomplish these qoals are through the objections
of the parks and r_ecreation plan. Thes� objectives are an imple-
Planning Commission Meeting - October' 3, 1973 � Page 12
mentaion of the plan and an attempt to realize the goals of
recreation. In order to realize these goals you have to have
��- � a guideline which you plan to follow. These guidelines are
the meat of the entire comprehansive park plan. It sets up
�prcvisions for the amount of park land per inhabitant, the
amount per inhabitant by neighborhood and the amount of open
space.that should be provided to serve an entire area. In
doing this we uses stz.ndards from the Department of Natural
Resourses and from other States. The Metropolitan Council
is in the process of setting up different studies to accomplish
. differnt goals in the Metropolitan area, but they haven't
set anything up as yet.
�r--,
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We set up four general guidelines and in addition, the
park sizes, the �opulation they should serve, and the activities
these park facilities should generate.
In setting up parks we have mini-parks, neighborhood parks,
City wide parks, regional parks, linear parks and special use
parks. The service area for a mini-park is 1/4 mile and these
ar.e childrens parks for children 0 to 5 years old, who are
classified as immobile. The neighborhood park area is 1/2 mile
and is accessible by a mor� mobile group of 6 to 15 years old.
The other four types of parks are for active or more mobile type
use.
The other. guidelines we have set up to achieve the objectives
of the plan ar.e: (1) safety, (2) access, (3) lighting, (4) indoor
facilities, (5) school facilities, and (6) activities. We felt
this was the best guideline we cou�.d set up for priorities. We
came up with thece goals and guidelines by basing them on an
inventory and analysis which we have done ar:d we have come to
cert�:in conclusions, on which the plan is based.
The basic things we covered were that we took a look at all
our park facilities and where they were located, plus our school
facilities. We looked at the population characteristics through-
out t.he�entire City. We'determined where the 6 to 15 year old
group was the predominent qrap and where the 0 to 5 year old group
was predominent. We broke this down into group percentages for
these areas, which will be used by the Park Department. These
group percentages of the different populations in different areas
can be used when each park is studied separately. We can determine
where we need park facilities, and when this park is being planned,
we can look at this study and see who will be the users of the
park,.to detmine what is needed for that park.
We used the comprehensive plan changes to project the pop-
ulation in differnt areas, which gives us.some knowledge of
what is going to happen in a given area, how much parl� facility
is going to be needed, and what type of park facility will be
neede��.
Planning Commission Meeting - October_3, 1973 Page 13
�''� r In Coming up with our planning implications, we felt that
any part.of the parks and recreation plan depends upon access.
What a circulation system does is that it not only serves as
a recreation use, but joins our schools, our commercial areaS,
and other population centers, so we can have pedestrian and
bicycle access tr.rought the entire City. With this, we have
set up a trail system that we feel will serve the City to tie
our school properties, park facilities, our neighborhoods and
commercial centers together. This trail system will join a
Metropolitan-wide trail system, as well as providing an interious.,
system. �
n
�'`�, � . -
I"�
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In looking at our population; present and future, and the
population characteristics of the neighborhoods, present land
available and the barriers in the City, and comparing them to
the guidelines, we came up with certain planned proposals.
Mr. Boardman asked the Planning Commission to look at the
maps included in the plan. He said Map A shows the residential
neighborhoods broken down by neighborhoods by barriers. Chart
No. 1 shows presnt population, the projected population, the
existing recreational area, what is recommended at present and
what will be recommended in the future. These are three actual
factors that determine whether a neighborhood actually needs more
acreage or not. One is that there are enough existing park acre-
age, but it is poorly located. The second is, that although they
are in the service radius, because of certain barriers, the
neighborhood might not be served. The third is that there is
not enough park land ir, a neighborhood. Map P shows the mini-
par service area and Map C shows the neighborhood park service
arez..
Map D shows bike routes and.walkways. We feel that circulatian
is very necessary to a City, not only automobile circulation, but
pedestrian circulation is necessary. We do have a present problem
with the increased use of bicycles. There is a safety problem
with both pedestrians and bicycles k:�ecause we don't have many
sidewalks in the City.
Something else that should be considered in this discussion
is your off-the-road vehicles such as snowmobiles, motor c�-cles
and mini-bikes. These cause problems that can't be overlooked.
By putting_together our information and guidelines,:we have
set up a cost analysis of the trail system. Most of the trails that
would be developed 'here would be developed by using the existing
streets. Most of the streets are wide enough to eliminate a
parking lane, and striped. In some cases where we have limited
space, we could restrict one side for bicycles and one side for
pedestrians. We would have about 22 miles of streets we could
use and the cost would come out to about $140 per block. In the
open areas, it would cost about $15,000 per mile. Each year that
this isn't developed we can add 8% to the total cost. As far as
funding is concerned� most of the Federal funding is going into tr;e
Planning Commission Meeting - October 3, 1973 Page 14
��� study phase. It would probably be four or five years before
' there will be any funds available from HUD. Anoka County is
very inter.ested in this trail system and there is a good chance
tY�at there could be some cost sharing with Anoka County.
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With this an�.lysis, we also broke down each neighborhood
and gave a recommendation for each neighborhood.
Mr. Drigar:s asked if this bike trail would be accessible
to each neighborhood park. Mr. Boardman said it would.
Mr. Drigans asked how they arrived at the cost figure of
$140 per block for these trails?
Mr. Boradman said these figures include curb cuts and at
major intersecti.ons we might have to have bicycle lanes with
curbing, as a safety factor. We will have to have regulated
bike lanes at busy intersection.
Mr. Harris asked how much room would be taken from the street
for the trail system. Mr. Boardman said it would be about eight
feet. Where we have room, we would take one parking lane. We
can use street right-of-way if we have to.
Mr. Clark said that on a street like Mississippi where there
are sidewalks, it would be Fossible to limit one side for bicyles
and one side.for pedestrians.
Mr. Lin�,blad asked what they would do on residential streets.
Mr. Boardman said that parking would be restricted to one side
of the street. He said we have to provide pedestrian and bicycle
traffic lanes.
Mr. Harris said the «rgument you're going to get is that in
Minneapolis there is an ordinance that bicycles stay on the
street and the sidewalks are for pedestrians, and if its good
enough for Minneapolis, its good enough for Fridley.
Mr. Boardman said bicycles are a big recreational use at
the present time. �Children ride them to school. The question
is what will you spend to ensure children's safety. Iiow do
you control a bicycle?
Mr. Drigans said there has been a study made on accidents
with a recreational vehicle and the study said that there were
more people injured from bicycles than any other recreational
vehicle.
Mr. Clark said that what this plan is proposing is that the
bicycle is the coming thing, and if you have a car parked on the
street, and the bicycle rider has to go around this car, there
could be someone injured. If the City feels it doesn't want
to supply bicycle paths , that's fine too I guess, but if people
are coing to ride bicycles, there should be a�afe means for them
to get from one place to another. '
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Planning Commission Meeting - October 3, 1973 Page 15
Mr. Drigans asked if there were any plans for any additional
sidewalks in the City. Mr. Bo�,rdman said we are talk�ing about
bicycle an�. pedestrian routes ar:d the pedestrian routes should
be an sidewalks.
A'Ir. Harris said he knew there were a lot of people in his
own neighborhood who liked to walk for recreation. He said
there is always some danger of walking in the streets, but in
the winter when the streets were icy and there were high snow banks
it would be extremely dangerous. He said he agreed that there
should be some provision made so that pedestrians didn't have
to walk on the streets.
Mr. Boardman said that according to the plan, anyone should
be able to gAt on this trail system and be able to walk to any
p�.rt of the system. The�- will be able to walk to any park.
Mr. Harris asked how they would get past the major barriers?
Mr. Boardman said there are various ways this could be handled,
� �• �ither•with controlled crossings, or if the barrier was wide
enough, with an overpass, and other means.
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Mr. Drigans said he would like to get into the areas of
recreation as specified on page two, where you talk about the goals
of recreation and you do call this a comprehensive park and
recreation plan. Yet, in reading through this plan, I find very �
little where you talk about the recreational programs that you •
have planned. In your goals, you talk about providing physical
activities, pr�viding a diversity of recreational opportunities
for all ages, but yet you don't specify what these programs are.
I would think that this plan is lacking in what type of recreational.
activities our community provides or will provide, in such a plan
as this. You talk about the parks and how they should be accessible
to our citizens and what the age groups are, yet you don't go into
any type of recreational program. It doesn't say what the summer
program�is or what the goals of the summer program are, for instance.
I think there are many, many programs that the City offers that
should be included in this plan, and what the goals of these
programs are. ' �
Mr. Boardman said the goals of.these programs follow closely
the goals of recreation. As far as individual programs are con-
cerned, I don!t think in this plan that we can determine if the
programs that presently exist, are programs that necessarily meet
the goals or guidelines or objectives of the park plan.
Mr. Drigans asked why this couldn't be determined? This plan
is talking about specific goals of recreation and talking about what
these goals should provide, and yet you don't go into any details
as to what these recreational activities are.
N1r. Blair said the park programs are constantly changing. I
don't think there is any way you could spell out the programs and
what the goals would be. In the plan, there is an analysis of what
is in the parks, which I think.covers recreation. There is another
part of the-plan where it talks about the different siz� parks and
Planning Commission Meeting - October 3, 1973 Page 16
��� _
what they provide. I think this is all recreation.
Mr. Boardman said that if the existing programs were part
of th�s plan, you would lose the purpose of the guidelines.
What we are trying to set up is same type of guideline that
will let us provide space for recreational facilities. We do
have programs and activities that fit ir.. with our major goals,
but as to the plan itself, for providing space, for providing
diversity and a circulation system, these are recreational
purposes. We provide lots of activities, lots of facilities
in our parks. We would have to survey each a�ea to see if the
facilities provided are used, or what other facilities that area
might want.
, Mr. Clark said that what this plan provides is space so the
recreation can happen. If you were going to go into individual
programs for each park, you can take Commons Park, for instance,
and say that there are tennis courts, baseball diamonds, football
fields', etc. �
Mr. Drigans said you are calling this a park and recreation
plan, and I think it is just half a plan, a park plan. I think
,� you should include what kind of recreational activities are avail-
�= �, able for the different age groups.
Mr. Boardman said the goals of recreation are the general
goals of what recreation should accomplish.
Mr. Drigans asked what the budget was of the Parks and
Recreation Department? Mr. Blair said the total budget was
around $435,000. Mr. Drigans said a portion of that was used for
parks, another portion is used for running some type of program.
I am saying that you �re providing a program, so why not say
what you are providing.
Mr. Blair said as
show recreational areas
you are talking about a
far as he was concerned, the plan should
and not programs. Mr. Drigans said then
park plan and not a recreational plan.
Mr. Boardman said we cannot provide a recreational facility
plan at this time. He said we are fulfilling the recreational
goals by providing the space for recreation. This is as far as
we can go. In order to get a more detailed study of what should
go into individual areas would require more funding.
Mr. Drigans said you are already providing in this plan
where the parks are and what is going to be needed and how many
^ people will use them. I think it should be put into the plan
,,�� the current uses we are making of the parks now.
Mr. Boardman said this could be added in survey and analysis.
0
Planning Commission Meeting - October 3, 1973 Page 17
^�,,,,'-' Mr. Drigans said that if just the flyer.s that the Park
� Department prepares were added to this plan, this would show
what we now provide.
Mr. Cla�k said we can find out how many people participated
in each park program.
Mr. Blair said he felt that program analysis wouldn't add
to this plan.
Mr. Boardman said if we look �:t our school system, we can
see that schools were not always located in the right places.
It is the same thing with parks. We might be providing facilities
that aren't being used, where another facility would serve the
" area better. That is why I feel t�iat showing the �acilities
we have now would only be an inventory of what is available and
couldn't be carried through into the future planning or plan
recommendations.
Mr. Lindblad asked if an area needs a park, do they take
into consideration what the land will�cost to provide this facility.
Mr. Boardman said this plan will set up guidelines and
priarities so the Park Department and Council know where they
�, should purchase or get by acquisition, the park land to fit the
�"-� '- _ ,r- needs of the City .
\_- .
- Mr. Blair said if the facility is really needed, the City
pays what it has to, to get the property,
Mr. Lindblad asked if they have a plan for access to the
river for boating? Mr. Boardman said this would have to be
under special recreational facilities.
Mr. Harris said that under guideline number 4, it says that
l00 of the land area of a new residential development be used for
recreational purposes. Mr. Boardman said this is in our code now,
either l0o in land use or 10% in money.
Mr, Clark said the old rate was 50. Mr. Harris asked how
much money the City had got at the old rate, for instance, in
the A1 Rose Addition. Mr. Clark said it was $15.per lot. The
new rate is $150.00 per lot.
Mr. Harris asked how the schools are tied to this plan. Mr.
Boardman said they have shown sch�ol areas that�are available for
use for recreation. Mr. Harris said the reason he brought this up
was because it would seem ridiculous to him to have school property
sitting idle if there were no park facilities in the area.
�
Mr. Harris asked if the Island of Peace was tied into the
�`°� ��"�� =�'Park Plan. Mr. Baardman said this would be a special use park.
��
, Mr. Harris said he thought this was a good plan.
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Planning Commission Meeting - October 3, 1973 Page 18
_�""�� � Mr. Harris asked if there was any provision for screening
- a baseball diamond in a m�.ni-park. Jerrold Boardman.said they
wouldn't put a baseball diamond in that small a park. They
would go in a neighborhood park where there is more space.
Mr. Harris asked about recreational vehicles in the plan.
Mr..Boardman said we did touch on this in inventory and analysis
and in the circulation proposal.
Mr. Blair said this was hard to put in the plan because this
proposal was being considered by the City Council.
- Mr. Boardman said if they could provide space for mini-bikes
it would be a special use park, but there is no area in the City
large enough for this type of park.
Mr. Lindblad asked about the funding for the trail system. Mr.
Boardman said there was a State agency studying the bicycle
usaqe and by 1974 there is supposed to be State guidelines
established for the Metropolitan area. This is a long range program
and coizld take up to 20 years to implement. We set up the trail
system but we didn't set up any priorities. We left this to the
Parks & Recreation Commission. There are certain areas that
definitely need a pedestrian passageway.
i"1
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�and the
• sharing.
Harris said that when a walkway serves recreational uses
school system, he thought there should be some cost
Mr. Clark said tha� when sidewalks were put in on State aid
routes, State aid pays for those walks. On the sidewalks for the
schools, the City puts in the sidewalk and the school maintains it.
Mr. Boardman said this plan goes to Council October 15th.
Mr. Drigans said this is a fi.ne park plan, but not any way
near a'recreational plari.
MO�TION by Drigans, seconded by Lindblad, that the Planning
Commission recommend to Council and to the Parks & Recreation
Commission that they retitle the Comprehensive Parks and Recre-
ation PZan to Comprehensive Park P1an, and reconsider the impZi-
cations of a comprehensive trail system throughout the City.
Mr.'Blair said he could agree with the motion on one thing
but not the other. He said he believed that parks and recreation
were tied together in the plan in the intent it was supposed to
be in ther, and any more wouldn't matter. �
,-1� UPON A VOICE VOTE, Narris, Lindblad, Drigans voting aye,
� B.Iair na
�r, the motion carried.
�...s �:.n------
Planning Commission Meeting - October 3, 1973 Page 19
�'�.._� �i, - -t
� �;°'��� -"-�:�FK LiND RIVER PRESERVATION MANAGEMENT ORDINANCE
MOTION by Blair, seconded by Lindblad, that due to the
Iateness of the hour, the Planning Commission continue the
discussion on the Creek and River Preservation Management
Ordinance until October 17, 1973. Upon a voice vote, a11
voting aye, the motion carried unanimously.
' Vice Chairman Harris adjourned the meeting at 12:45 A.M.
Respectfully submitted,
, . � • �,Z�',�-C� `�'f�-�2�-!
Dorothy Eve son, Secretary
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