PL 09/28/1988 - 7122. �
City of Fridley
A G E N D A �
PLANNING COMMISSION MEETING WEDNESDAY, SEPTEMBER��! 1988 7:30 P.M.
LOCATION: COMMUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E.
CALL TO ORDER•
ROLL CALL:
APPROVE pLANNING COMMISSION MINUTES: September 14, 1988
CONSIDERATION OF A SPECIAL USE PERMIT SP #8$ 13 BY
JOHNKEPHART • . . . . . . . . . . . . . . . . . . . . . . 1 - 1H
Per Sect�.on 205.15.1.C.2 of the Fridley City Code, to
allow automobile agencies selling or displaying new
and/or used motor vehicles, on part of Lot 2, Block
3, East Ranch Estates Second Addition, an addition
to Northtown Nissan's existing inventory, the same
being 7810 University Avenue N.E.
RECEIVE THE MINUTES OF TiiE APPEALS COMMISSION MEETING
OF SEPTEMBER 20. 1988
OTHER BUSINESS:
ADJOURNMENT
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CITY OF FRIDT•�
PLANNING CONA'lISSION N�ETING, SEPTII`?.D��2 14, 1988
�T T. TO ORDER:
Vice-Chairperson Kondrick ca.11ed the September 14, 1988, Planning C�n,ission
�ting to order at 7:36 p.m.
RULL CAIS,:
Menbers Present: David Kondrick, Dean Saba, S�ie Sherek, Alex Barna,
Paul Dahlberg
Meml�rs Absent: Donald Betzold
Others Present: Jock Robertson� Community Develo�nent Director
Kathlyn Castle, Planning Assistant
William Burns, Incoming City Manager
Nancy Jorgenson, City Coimcil
Dennis Schneider, City Council
Steve Billings, City Council
John Arkell, Arkell Development
Carol Slavick, Arkell Development
Mark Clemens, Arkell Development
Dennis Kroll, architect for Arkell Development
Phyllis Prokopawicz, 1350 - 52nd Avenue N.E.
Donald Dickison, 1321 - 26th Avenue N.W.
See attached list
APPROVAL OF AUGUST 10, 1988, PIANNING COrM�iISSION MINUTES:
MOTION by Mr. Saba, seconded by Mr. Barna, to approve the August 10, 1988,
Planning C�unission minutes as written.
UPON A VOICE VOTE, ALZ VOTING AYE, VICE�HAI:RPII2SON KOI�IDRICK DECLARID THE
MOTION CARRIID UNANI.P'iOUSLy,
1. CONSIDERATION O�' A SPDCIAL USE PEf�NiIT, SP #88-11, BY ARKF.LL DE�IEIAPMENT:
Per Section 205.07.O1.C.8 of the Fridley City Code to allaw tc�cnmhoanes for the
elderly in an R-1, Single Family Dwelling zoning district, and per Section
205.09.O1.C.7 of the Fridley City Code to allow tawrihcmes for the elderly in an
R-3, General Multiple Dwelling zoning district, generally located north of
I-694, east of Central Avenue and west of Fillmore Street (legal description
available at City Hall); and per Section 205.07.O1.C.8 of the Fridley City
Code to allvw towr�lcenes for the elderly in an R-1, Single Family Dwelling
zoning district, on Lots 10, 12, arx3 14, Block 2, Spring Valley Addition,
generally located north of Rice Creek Road, south of 64th Avenue, east of
Central Avenue and west of Arthur Street.
MOTION by Ms. Sherek, seoonded by Mr. Barna, to waive the reading of the public
hearing notice and open the public hearing.
UPON A VOICE VOTE, AT�, VOTING AYE, VICE-CHAIRPER.SON KONDRICK D�'.AR�.n THE
MOTION CARRIr'�D UNANIMOUSLY ArID THE PUBLLIC HF,ARING OPEN AT 7:38 P.M.
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PLANNING COrM�ISSION D�TING, SEPTII"1BER 14, 1988 PAGE 2 a
Ms. Castle stat� the petitioner is prc�osing single stozy rental townhcmes
for the elderly in two locations in Fridley. The first site is the Rice
Creek Road location, on Rioe Creek Road, east of Central Avenue. This site
is located in an R-1, single family dwelling zoning district; to the northeast
and south is R-1, and to the west is C-3, ccnn�ercial zoning di.strict.
Ms. Castle stated that because of tl�e fi.igh densities of this develapment, soene
variances are needed. Ztao variances are needed for the Rioe Creek Road site.
The Appeals Coacttussion will be reviewing these varianoes on Sept. 20. The
first variance is to increase the m�itrnun lot ooverage allawed from 25o to 290,
and the second variance is to�decrease the lot area per uni� fram 1 unit per
9,000 sq. ft. to 1 unit per 3,254 sq. ft.
:�ls, Castle reviewed the site plan of tl� proposed development. The taanh�es
are basically grouped in fours. Soane of the units have attached garages, and
sare do not. The total land area of the Rice Creek site is approximately 2.6
acres. There will be 32 rental tc�mhcmes on this site. This c�nes up to a
density of 12.3 units per acre.
Ms. Castle stated the City requires 61 parking spaces, and the developer is
providing 63 parking spaces.
p7s. Castle shaaed a grading and drai.nage plan for the site. She stated this
is only a concept plan at this time.
Mr. Robertson stated the developer has not yet furnished City Staff with a
final drainage plan; therefore, staff cannot approve t�e drainage plan. Because
of this, staff is going to reco�nend to the Planning Conmi.ssion that they table
action until the final drainage plan is submitted.
P7s. Castle stated the seoond location is the Hillwind site located northeast of
Hillwind Road, west of Fillmr�re, and south of Polk Street. This site is located
in both an R-3, general multiple zoning district, and an R-1, single family
dwelling zoning district. Approximately 2.3 acres are in the R-1 district,
and approxi.mately 4.7 acres are in the R-3 district. Once again, because of
the high density devel�nt lieing located in an R-1 district, four variances
are needed. These variances are:
1. To increase the maxismun lot coverage allvwed from 25o to 25.5%.
2. To reduce the lot area per unit from 1 unit per 9,000 sq. ft. to
1 unit per 4,864 sq. ft.
3. To reduce the minim�un hard surface setback from public right-of-
way from 20 ft. to 3 ft.
4. To reduce the building setback fresn public ric�t-of-way from
35 ft. to 15 ft.
Again, the Appeals Ccetatussion will be reviewing these variances at their
Sept. 20 meeting.
Ms. Castle stated 60 units are praposed for this site, abaut 9 units per acre.
The City requires 113 parking spaces, and the developer is providing 115 parking
spaces.
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PLANNING COMNIISSION ME�,TING, SE�FMBER 14, 1988 PAGE 3
Ms. Castle reviewed the pre].i7ninary drainage plan.
Mr. Robertson stated, again, this is only a prelimin�y drainage plan. As
people in this area knaa, there is a natural drainageway that drains dawn the
center of the site and into the detention and treatment pond. That drainage
will essentially rema.in the same. The develvper has not yet furnished the
staff with any of the details of hc�w that run-off is going to be detain� so
the run-off will be the s�ne as when the site is empty. Again, this item will
have to be tab�ed until the engineering staff has reviewed the drainage plans
in detail.
Ms. Castle stated that for the Rice Creek Road project, staff reco��ends
denial for two reasons:
1. It does not conform to the R-1 zoning requirements.
2. This development encroaches upon a road easement to the north.
This would interfere with the long range plans of the neighborhood.
Ms. Castle stated the long range plan for why the City got this easement is
to create an extension of Camelot along the rear property lines and then have
the neighboring lots split their lots and have single family houses built on the
new lots.
Ms. Castle stated that for the Hillwind project, staff reco��ends approval
with 9 stipulations:
l. Approval of the special use perntit is contingent upc,n approval
of the associated variances.
2. The developer agrees to execute a restrictive cove�nant agreement
which limits the age of residents to 55 years of age and older.
3. A maintenance agreement be executed between the developer and the
City which ensures the City that the buildings, landscaping,
streets, and utilities be maintained to the City's satisfaction.
4. A performance borid/letter of credit be issued to the City for 30
of the construction value prior to the building permit.
5. Soil carrection tests are required prior to the issuance of the
building permit.
6. Autcsna.tic irrigation to be installed to ma,intain landscaping.
7. Landscaping to Y�e installed per City approved plan.
8. Driveway to be paved according to City Ehgineeri ng specifications.
9. Six-inch concrete curbing to be installed around the perimeter
of driveway and off-street parking areas.
Mr. Robertson stated the C.ity Council has directed city staff to prepare same
policy alternative analyses on senior housing in the City of Fridley. The
housing portion of the City's Conprehensive Plan does not specifically address
senior housing. The Cc�nprehensive Plan talks about providing a variety of
housing types and housing ranges--rental and owr�r housing--but it does not
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pIAi�1ING CONIl�lISSION N�ErING, SEPTII�iBER 14, 1988 PAC� 4
specifically address the senior housi:ng issue. For instance:
l. 4�at senior housing types exi.st?
2. To what extent should the City assist senior housing financially?
(Mr. Robertson stated the developer has approached the HRA for financial assistance
for "The Cottages" development.)
' 3. The location of�senior housing. Should it disbursed throughout
the City, should it be concentrated in location, should any exce�
tions in density be made?
Mr. Robertson stated the Council has clirected staff to prepare this information
for their review at their October 24 conference meeting.
Ms. Sherek asked if staff had any measure at all of what the typical density
is for this type of housing, both in Fridley and the metropolitan area as a
whole.
Mr. Robertson stated tvwnhouse develogrent generally is from about 8-14 units
per acre. This develoFanent is consistent with that general density. Also,
this develo�per is in the process of doing a similar project in Stillwater. The
Stillwater project is about 11 1/2 units per acre, so it is co�arable to the
projects being proposed for Fridley.
Ms. Sherek asked if the developer has any intention of offering rent subsidies
or was this intended to be low moderate inooane type housing?
Mr. Robertson stated the proposal to the HIZA is for a subsidy program over
the first 12 years of the project. The target rental ranges are $385/month
for a one bedrocen and $485/month for a two bedrocan.
Ms. Sherek stated that regarding the restrictive covenant reco��ended in
stipulation #2, is that being recca�urended to run with the groperty in
perpetuity so they are not looking at this beccaning converted to strictly
rental housing at scme time in the future?
Ms. Castle stated that is oorrect.
Mr. John Arkell, Arkell Development, stated the bottom line is that the project
will not be built if they do not fi.nd more land in Fridley. The land in Fridley
is too expensive for 60 units. Staff has recc��ended they drop from 90 units
to 60 units. They will have to find additional land, and that will put a delay
on the project.
Mr. Arkell stated this will be their fifth project. They have had a tresnendous
amount of success in leasing the units. As sta.ted by Mr. Robertson, tt�e units
will rent for $385/m�nth for a one bedroom unit and $485/month for a two bedroo�n
t�nit. Arkell Develo�nent will �t be doing the project. A con�any called
Fquitec, �ich is a large New York Stock �change co�any, will be doing the
project, and Arkell Development will be werseeing the project.
� PLANNING C(�'lMISSION N�rING, SEPTII�IDm 14, 1988 PAGE S
Mr. Arkell stated they hatve asked the City for assistance in an interest rate
reduction program which means the increase in taxes that are generated by the
project will be used to reduce the mortgage on th� property, thus creating the
$385/month rental range. Most seniar housing today is substantially higher
than that. The general rarige today for senior housing is $650-1,200/month.
Mr. Arkell stated the project exists in Stillwater. They have built two of
three phases there. Their first phase was 64 units, and the second phase had
a waiting list for the 6�0 units. They are r�aa in the process of building an
additional 56 units to round it out at 180 units.
Mr. Arkell stated they have agreed with the City, at least initially, on the
lar�lscaping which is a big part of "'I".�e Cotta.ges" .
Mr. Arkell stated they have built or are in the process of builc�ing projects
in P4adison, Wisconssn; Chisago City; Maplewood; St. Paul Park, and there are
another dozen coimnuiities like Fridl,ey tzying to decide if this is the kind of
project they want for their seniors.
A citizen asked how long it would be before the rents went higher than the
$385 and $485.
Mr. Arkeli stated that is a difficu3:t question. The financing they are using
is FHA, and FI�i has sc�ne restrictions on who they can rent to (must be a
senior). The tax credits today restrict how much they can charge for rent,
and that goes for the next 15 years. If the project is sold, the restrictions
go with the units.
Ms. S�e Messick, 6257 Ben More Drive, asked if the restricti�,�e oovenant s
perpetuate that this property is only available to seniors at the end of
what period of time?
Mr. Robertson stated this property will only be for seniors in perpetuity.
A citizen stated he had visited the project in Stillwater, and there is no
written agreet�ent there as to who can live there.
Mr. Arkell stated that is correct. In Stillwater's case, the City of Still-
water has the develaper's word that they will rent to seniors. Fridley is
going to be a lot tougher than that. It is going on two years for the Still-
water project, and they have lived up to their word.
Mr. Arkell stated that when people sign a lease, they tell them that each year
they have to go to a 5o increase in rent. So, the rent in Stillwater is now
$404 because it is over a year old. They hope to not ever have to exceed that 5%
year�y increase.
Mr. Mark Schwartz, 1372 - 64th Avenue N.E., stated he is con�exried about
the property value of the ho�cies droppi.ng because of multiple dwellings in an
R-1 d.istrict.
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PLANNING CCI�'�'IISSION N�rING, S�P'I'II�'iBER 14, 1988 PAGE 6 d
Ms. Delores Orr, 1100 Lyr�le Drive N.E., asked about the road accessibility to
the Hillwind proj �t .
Mr. Arkell stated the road accessibility will be fro�n Fil]irore Street and
Polk Street. It was discussed at.great length to keep the traffic off Polk
Street, but there is no other way.
Ms. Orr stated Fil]imre Street is heavily traveled with school buses because
there is an el�nentary school across the street frcen this c�oanplex.
Mr. Arkell stated this was discussed at great length at a neighb�rhood meeting.
He thought the greneral concen.sus was that a senior project was the lesser of
all evils. There will not be the traffic an apartment building will generate.
He was proposing 60 units on this site, and he believed the zoning would allow
40-44 units between single f�nily and an apartment ca�rplex that aoul� be built
there .
Mr. Curt Dahlberg, 1384 - 64th Avenue N.E.� stated h� has two lots adjoini.ng
the property proposed for develoFanent on Rice Creek Road. If this develoFment
goes through, it will landlock these tw� lots.
Mr. Arkell stated he was not aware of that, and they vaould definitely give that
sarre consideration. It seemed logical that the City would not allow them
to landlock anybody's property, and it is certainly not their intent to land-
lock property so it could never be used,
Mr, Joe Nelson, 1357 - 64th Avenue N.E., stated this is residential, R-1
property, and he would like to see it remain single family.
Mr. Arkell stated he could understand the neighborhood at the Rice Creek site
wanting that property to remain single family. He just did not believe it
would ever be sold as single family becavse of the work �at has to be done to
correct the soil.
Mr. Barna stated it se�d the mai:n concern to the Rice Creek neighborhood is
the density. It is going to be an exper�sive project for any develop er, but
he did riot think it wnuld be single family in the present e�nomic market.
Staff has reco�m�nded a decrease in the ntunber of units, and the neighbors
bordering the north property line might want to split their lots off at some
future time. He asked Mr. Arkell if the site plan is redrawn so the layout
of the buildings is restructured for a cul-de-sac ending in the rx�rthwest
corner, could they then meet the density requir�ctients feasible for the develo�snent
on this site?
Mr. Arkell stated it certainly made sense to leave the ease�nent in back and
have a cul-de-sac so they would not landlock any property. He stated they
are willing to tYy to w�rk with less units if they can. They do riot want to
lose Fridley because of the eoono�nics.
Mr. Robertson stated staff has been directed to also look in the vicinity of
Central Av�nue and Osborne Rflad at an ir�lustrial pmperty there . In the C'-o�
prehensive Plan, they did leave the door open for housing in an industrial area
if there is excessive industrial property to look at, especially for a t.aNm-
house develo�ent.
PLAIV�IING C.C��'iISSION MEETING, �IIZ 14, 1988 PAGE 7
There w�ere a niunY�er of seniors in the audie�e who were at the meeting to get
information on both canplexes.
MOTION by Ms. Sherek, seconded by Mr. Barna, to close the public hearing.
UPON A VOICE VO'i'E, ALL VOTING AYE, VICE-CHAIRPERSON KOI�IDRICK D�CL,ARED THE
NiOTION CARR'� UNANIMOUSLY.
Ms. 5herek stated she agreed with Mr. Barna, and that the developer should take
ar�ther look at this site. Obviausly, they do not want to see a develo�xnent
that is going to landlock any properties. On the other hand, she was not
ready to say "r�" to the Rice Creek.project. This is at least the third
proposal for the Rice Creek site in the last three years. It is not a feasible
single family site, and they have to look at soanething. The density is satre-
what high, but this is a difficult piece of property to develop. She would
agree they should table this item until the developer can work with staff to
see if there is the possibility of downsizing the project to allow the easement
and lawer the density on the site, She is real unamfortable with the lack of
a final drainage plan for that site, because this is a bad spot for water
probl�ns.
MOTION by Ms. Sherek, seconded by Mr. Barna, to table SP #88-11 by Arkell
Develop�nent until the developer has looked into the possibility of reducing
the density on the Rice Creek site and leaving the easement in place for the
roadway and until the developer has submitted final site and drainage plans
for both the Hillwind and Rice Creek sites.
Mr. Saba stated he agreed wi�th Ms. Sherek, except he did not think this type of
housing belonged on the Rice Creek site. They do not need to develop evexy
single acre of land in Fridley. He felt they really have to take a careful
loak at the undeveloped sites in Fridley and decide whether they want to develop
all of them. He thought ez�ty pieces of land in the City loaked nic�e. It gives
the City a little natural area, and there is very little of that left in the
City.
Mr. Saba stated this type of housing would fit much better on the Hillwind site,
although he did share Ms. Shernk's ooncern aliout the drainage, and that should
be adc3ressed before the Planning Co�¢n.ission can vote on th+e project �
Mr. Barna stated he is not willing to say that a senior housing project would
not fit on the Rice Creek site. It might fit there if done properly. He stated
he, too, did want to see the final drainage plans, and he would 1�]ce to see
a differen.t site plan for the Riee Creek site.
Mr. Dahlberg stated at this ti.ane it is inappropriate for the Planning Conmission
to take any kind of a�ian. All the information on this project for both sites
has not been submitted to the City in order for the Planning Co�nission to take
any action, Drainage is the key issue. [�en builclings are put onto sites, they
are not only talking about the buildings and the basements of those builcli.ngs,
but also the amount of paved surfac�es on the larid . Water does not soak into the
soil any longer, and it runs off, and the effect that kind of developt�nt has on
the adjacent parcels of land is a major concern to the Plarming Consn.ission.
PLANNING C�ISSION N�I'IlVG, SEPTII►'�IIt 14, 1988 PAGE 8
Mr. Dahlberg stat�ed when the Cc�nmission has further informatian and comQlete
information, then they will be better able to judge what to reco�nend to the
City Council.
Mr. Robertson stated it is apprapriat�
Ca�dssion, not only because of the la�
because the City Council is go.ing to
of October. It might take the Council
made after that meeting. The Planning
tabling this action unti 1 they receive
Council.
: to table any action at the Planning
k of final drainage plans, efiac,.but also
�eview senior housing policy at the end
several weeks before a decision is
CvnBnission might want to consider
scare policy direction from the City
Mr. Kondrick stated he agreed. He believed each member of the Planning
Ca�unission agreed there is a need for irore housing for seniors in the City of
Fridley, but he did feel they do not Y�►ave enough inforniation at this meeting
to make a reco�rendation to the City Council. This it�n will be tabled until
the Conunission receives more information fram the City Council and m�re infor-
mation fr�an staff .
Mr. Robertson stated the City will renotify the neighborhoods when this is
back before the Planning Co�nission.
Councilmember-at-Large Nancy Jorgenson stated she would like to have all the
people who attended this meeting notified, in additian to the people who were
previausly notified.
UPON A VOICE VOTE, ALZ VOTING AYE, VICE-CH�IRPERSON KOI�IDRICR DDCIARID THE
MOTION CARRIID UNF�N3MOUSLY.
2. CONSIDERATION OF A LOT SPLIT, L. S t # 88-04, BY S�EY A1�ID PHYLI�IS PROKOPOWICZ :
To oorrect a certi:ficate of survey done in 1969 in relation to the ot ]�-ne
between Lot l, Block 2, Marian Hills Second Addition and Lot 2, Block 2,
Marian Hills Second Addition, c?enerally located at 1350 - 52m3 Avenue N.E.
and 1340 - 52nd Avenue N.E.
A7.s . Castle stated this
zoning district. ��at
triangular piece of pr
be «�mmbined with Lot 1.
suzvey done in 1969.
pliance with the zonin
property is located in an R-1,
is being proposed to be split
operty in the southeast corner
The reason for tl� lot split
This split will not cause Lot 2
g cnde .
single
off is
of Lot 2
is due
family dwelling
a little
which will then
to an incorrect
to become out of cam-
Ms. Castle stated staff is recamrending approval with the following stipulation:
1, A division/coanbination form be signed by the fee vwner and
returned to the City by Dec. 2, 1988.
Ms. Phyllis Prokopawicz stated that when they bought the property► theY h
it suYVeyed. In 1969, when they put up a retaining wa11, the prQPertY s
was r�oved by the contractor. 'PY�ey asked tthe City if the City could re
the suzveyor's stake so they could put up the retaining wall. The City
replace the stake, but it was put in 5 ft, into the neighbor's property•
The retaining wall went up, and about tvur� years later, when the people
west built, they had their property staked and fo�d the stake was 5 ft.
ad
take
place
did
t.o the
on
y �ANNING COl��'iISSION MEEZ'ING, SEP'I'II�ER 14, 1988 PAGE 9
their property on the retaining wall. She stated th�ey are just tYying to
si�lify this mistake rather than taking dvwn the retaining wall, fences, etc.
NiOTION by Nls. Sherek, seoonded by Mr. Saba, to reco�nend to City Council
approval of Lot Split, L.S. #88-04, by Stanley and Phyllis Prokopowicz, to
c:orrect a certificate of survey done in 1969 in relation to the lot line
between Lot 1, Block 2, Marian Hills Second Addition and Lot 2, Block 2,
Marian Hills Second Addition, generally located at 1350 - 52nd Avenue N.E.
arid 1340 - 52nd Avenue N.E., with the followi.ng stipulation: A division/
combination form be signed by the fee awner and returned to the City by
Dec. 2, 1988.
UPON A VOICE VOTE, ALL VO'rIPdG AYE, VICE-�HAIRPERSON KOI�IDRICK DDCI,AFtID TI�
MOTION CARRI� [JNANIMOUSLY.
Mr. Kondrick stated this item will go to City Council on September 26.
3, CONSIDERATION OF A SPDCIAL USE PF�2NiIT, SP #88-12, BY DO1�,ID DICKISON;
Per Section 205.05.04 of the Fridley City Code to allaw an air c:onditioning,
heati.ng and electrical contractor office in an S-1, Hyde Park Neighborhood
zoni.ng district on Lots 27 and 28, Block 12, Hyde Park, the same being
5973 - 3rd Street N.E.
MOTION by Ms. Sherek, seconded by Mr. Barna, to open the public hearing.
UPON A VOICE VOTE, ALI, VOTiNG AYE, VICE�HAIPF�2SON KOI�IDRICK DDCZ,P�RED TI�
PUBLIC HEARIlVG OPEN AT 9305 P.M.
Ms. Castle stated this property is located south of 58th Avenue on 3rd
Street, north of 59th Avenue, and just to t� west of University Avenue.
The property is located i.n an S-1, Hyde Park neighborhood zoning district.
To the north, south, and west is also an S-1 district. This property was
discussed recently for use as a church by an Orthodox Churah.
Ms. Castle stated the petitioner has no plans to do any exterior work on the
facade, but he does plan to expand the lot to 9 parking spaces and do some
landscaping to provide sare screening for the parking area.
A9s. Castle stated the proposed use does not oo�ly with the use for a special
z9ning district. Despite this fact, special use pezmits were previously
granted for different c�rcial uses in 1985 and 1985. The 1985 pern�it
was passed with four stipulations concerning site impravements. Due to
extenuating circ�anstances, the petitioner never used the special use pexndt
and never o�mpleted the stipulations.
Ms. Castle stated D4r. Dickison's bi�ssiness will have a IYLILma� effect on th�
surrounding camminity. His office will employ approxi.mately tw� people with
the hope of adding two to three �re employees in a year. Due to the nature
of the business, no retail activity will occur so there will be no customer
traffic. Re�airs are done off-�ite.
Ms. Castle stated staff is recc�iending denial because this use does not
ooa�ly with the intent of the Hyde Park, special zoning, area. Deni.al is
based on Section 205.04.03E which states: "whenever a lawful nonconforming
use of a structure is abandoned for a period of 12 months, any future use of
PLAI�Il�TING CONA�lISSION P�I'ING, S�'IDIIt 14, 1988 PAGE 10
said structure or land shall be in confozmity wi.th the provisions of this
Chapter."
Ms. Castle stated the petitioner went before the Appeals Comnissian on
August 30 for soane associated variances. The Appeals Conmi.ssion reconmlended
approval of four variances and denial of one variance �ontingent upon nine
stipulations .
Mr. Rc�Y�ertson stated that even though the S-1 zoning doe.s not specify any
uses with a special use permit, the implication of the zoning is that it is
to be treated similar to R-1 zoning, and in an R-1 zone, there are other
uses that are allowed with a special use pernut; for instance, hospitals,
schools, etc.
Mr. Barna stated the City Council is going to have to look at what they want
to see along University Avenue--c�rcial or residential.
Mr. Dahlberq asked if the possibility of rezoning this particular parcel of
property had been ocrosiclered by city staff to make it appropriate for the
a�mrercial use.
Mr. Rd�rtson stated the staff has not oonsidered that possibility. They are
still going with the policy direction of an S-1 district. There is an addi-
tional problem in that they could not rezone just one piece of land; they
would have to rezone a strip or a node of soare sort.
Councilmember Steve Billings stated that regarding Mr. Dah7berg's question
about rezoning, at the time the area was zoned S-1, o�nsideration was given
to whether or not the block i�diat,ely adjacent to Uni.versity Avenue should
be S-1 or ca�unercial. The thought process was that rezoning is not short term,
but essentially is forever, and that at some point in time the existing oomnercial
would, for whatever reasfln, stap being used as ca�nercial and would then revert
to the S-1 zone which requires single family housing. Three of tl�e Council
members on the City Council at the time the S-1 zoning unanimously passed
are presently on the City Council. Unless one of those three would be changirx3
his/her viewpoint from what it was 5 years ago, he felt the odds of a rezoning
to c�mercial passing at this time were very slim.
Mr. Dahlberg stated the reason he raised the rezoning issue is because this
par-i-icular parcel will likely never be a residence. Are they encouraging
occupancy of vacant properties in the City or are they trying to discourage it by
allawing archaic planning recca�mendations that might have be�en made years ago
because it se�ned like a good idea at the time?
Ms. 5herek stated she v�uld rather see �e property occ�si� by a responsible
business vwner rather than sitting vacant and.an eyesor� the way it is nvw.
These vacant buildings just becane a nuisance, and there are others around the
City.
Mr. Barna stated he had a probl�n with this whole procedure. He was involved
in the S-1 zoni.ng prooedure as a m�iUer of the Appeals Coannission, and he
atterided quite a few of the neighborhood meetings, and there was an intent
for this area to be residential only 8 years ago. Nvw the Plarming Co�ussion
is being asked to issue a special use permit, which is very logical for that
,
k PLAI�TING CCNIl"iISSION N�EPIl�TG, SEPTII�iBER 14, 1988 PAGE 11
site and that building, but not for an S-1 zoning district, because they are
being asked to issue a special use permit to run a�ercial business in
an R-1 zoning area. He could not vote in fawr of issuing a special use
pPxndt for a oomnercial business on this lot.
Mr. Dahlberg stated he agreed with Mr. Barna. As far as the zoning was con-
cerned, it is not appivpriate to issue a special use permit for this zoning.
That is why he had suggested rezoning this parcel to make the pa�el
appropriate and the building on that parcel appropriat�e for a��srercial use,
unless they tear down tlze building and have a vacant site that is avai.lable
for residential. He thought this property should not be zoried S-1, and it
is unfoY-t�anate that it is zoned S-1, but he also agreed it should not be
given a special use perrrut under the S-1 zoning. He did think it was appro-
priate that the building be used for this or another c�rcial pL�pose.
He stated this is a v��y difficult decision to make.
D�r. Dick:�son stated a precedent has been set because two special use permits
were granted for this property in the past. He stated he either has to get
into this building or he will have to go sa�where else. The building is
set up to be used as a comrercial buildi.ng. He would like to go in on this
site and fix it up so it loaks c�ood.
MOTION by P4r. Saba, secorided by Ms. 5herek, to close the public hearing.
UPON A VOICE VOTE, ALL VOrI'IlQG 7�YE, VICE�HAIRPERSON KONDRICK DEICLARID THE
PUBLIC HEARING CIASID AT 9:35 P M.
MOTION by Ms. Sherek, seconded by Mr. Saba, to r�rend to City Council
approval of Special L'se Permit, SP #88-12, by Donald Dickison, per Section
205.05.04 of the Fridley City Code to allow an air oonditioning, heating,
and electrical contractor office in an S-1, Hyde Park Neighborhood zoning
district on Lots 27 and 28, Block 12, Hyde Park, the s�ne being 5973 - 3rd
Street N.E., with the s�tipulation that the special use pe�nit run with this
business only, and if the praperty is sold, the special use pe�nit will
expire.
UPON A VOICE VOTE, KOI�IDRICK, SHEREK, SABA, DP,HLBIItG VO�I'IlQG AYE, BARNA VO'I'ING
NAY, VICE-Cf�AIRPII�SON KOI�IDRICK DECLARID THE MOTION CARRIID BY A VO�I'E OF
4-1.
NIOTION by Mr. Dahlberg, seco�ed by Mr. Barna, to reoomrend to the City
Council that oonsideration be given that the parcel of property at 5973 -
3rd Street N.E. be rezoned by the City, not by the awner of the property,
to an appropriate zoning so a ca�miercial business (C-1) can continue to
sta.y in this location.
Mr. Saba stated maybe there is arnother aption here. r7aybe they should
recognize that this area and the other coa�mercial businesses a1Qng University
Avenue in the S-1 District are going to be like that for sc�ne t�me, and maYbe
the City should look at the possibility of madifying the S-1 zoning to allau
a wi.dex range of special use permits than are allowed in the R-1 zoni�-
T
pIANNING C(�IISSION N�I'IlQG, SEP'I'IIKBER 14 , 19 88 PAGE 12 _
MOTION TO Ai�[�ID by Mr. Dahlberg, seconded by Mr. Barna, to reco�nd to the
City Council at they consider rezoni.ng and/or modifying the S-1, Hyde Park
Neighborhood Zoning distric� to permit a wider range of special use permits
than are allowed in an R-1 district.
UPON A VOICE VO�'E, AI�L VOTING AYE� VICE-CHAIRPER.SON KOI�IDRICK D�I�RFJD TI�
AN�IDID RiOT20N CARRIID UNAN]MCUL4LY.
4. RE�7CEIVE AUGUST 1, 1988L PARKS & RDCRFI�,TION CQtM�IISSION MINLTI'ES:
NIO�!'ION by DZr. Dahlberg, seconded by Mr. Saba, to receive the August l, 1988,
Parks & Recreatio� Conmission miriutes.
UPON A VOICE VO'I'E, ALL VOTING �1YE, VICE-Ci�1IRPER.SON KOI�IDRICK DDCI�RED THE
MOTION CARRIID UNANIMWSLY.
5. RDCEIVE AUGUST 4, 1988, HUMAN RESOURCES C.'�ISSION P�iIlVUTES:
MOTION by Ms. Sherek, secor�.led by Mr. Barna, to receive the August 4, 1988,
Human Resources Co�ussion minutes.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CI�IRPER.SON KOI�IDRICK DFICCLARID THE
MOTION CP,RRI� UNANIMOUSLY.
6. RF]CEIVE AUGUST 11, 1988, HOUSING & RID�VEIfJ� AUTHORITY MINUTF�.S:
MOTION by Mr. Saba, seconded by Ms. Sherek, t�o receive the August 11, 1988,
Housi.ng & Redevelopment Authority minutes.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KOI�IDRICK DDCLARID TI�
N10TION CARRIID UNFINIMOUSLY.
7. RDCEIVE AUGUST 30, 1988, APPEALS CCi�'Il�'lISSION MIlW'I'ES:
MOTION by Mr. Barna, seconded by Mr. Dah]berg, to receive the August 30, 1988,
Appeals Comnission minutes.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPIILSON KOI�IDRICK DDCLARID Ti�
MOTION CARRZID UNANIMOUSLY.
8. OTf�R H[TSINESS:
a. New Staff Report
Mr. Dahl.berg stated he would like to ccam��end staff on the new Staff
R,eport that is now included with each agenda it�em. It is a great
idea, and it certainly helped simplify the things the Conmission m�nbers
are looking at and helped them in trbeir decisions.
Mr. Rabertson stated Kathy Castle is the author of this new Staff
Report.
PLAN[JING C0�'I.TSSION MEErING, SEPTIIHBER 14, 1988
b. Code Ethforc�ent in the City of Fridley
PAGE 13
Ms. Sherek stated she was one of the vocal people calling City Hall
over the last five years cc�plaining about obr�xious sites in the
neighborhood. She is really getting to feel that the only places
that get hit with any requests to co�ly with City Codes in Fridley
are people that are either requesting some type of building permit
or special use permit or whose neighbors c�n�plain to City Hall.
Ms. Sherek stated that in Minneapolis once or twice a year they flood
seene of the neighborhoods with code coanpliance situations. They write
warnings to all people not in ocanpliance with city codes. She stated
she would like to see the City of Fridley do soqrething similar and
then follow through with the oode enforcem�nt. The citizens could be
notified via the media prior to this city-wide code enforcment search.
Ms. Sherek stated they need to do a code co�liance thing, not based
on just somebody's co�laints or somebody's request to upgrade a property,
but based on those people making messes in Fridley. She stated her
neighborhood is really getting to look like a dump.
Mr. Robertson stated he appreciated and agreed with Ms. Sherek's remarks.
He stated that the history of oode enforcenent over the last five years
is that it has been relegated to part-time tc��orazy e�layees. They
have finally been successful in getting a full-time career code enforce-
ment officer, Steve Barg. He has been given a job description to not
only resporid to co�laints, but also to design and implement systenatic
code enforcement throughout the City. Within that, Mr. R�bertson stated
he has given Mr. Barg discretion to take a look at the City and to make
sane rec�canendations on hvw to proceed with systesnatic code enforc�nent.
AZr. Barna stated one of the problPms has been the lack of "teeth" in
the enforc�nent of a lot of codes.
Ms. Castle stated also the stipulations to building permits are not
really monitored. 5he has been working on trying to change that, and
in the past few weeks, she, along with Michele McPherson, the Landscape
Architect, and Steve Barg have.gone through all the building permits
designating areas to inspect. 5he is riow reviewing those inspections
and in the next week she will start contacting these people. 4�at
succ�ess she will have, she did not kriow. She did knaa that the Zoning
Code is not strong in the enforcement of any kind of pexmits.
Ms. 5herek stated it appears.that city staff is going in the right
direction. 5he felt what is really needed is a total conpliance
inspection of the City.
MOTION by Ms. Sherek, seconded by Mr. Barna, to reco�rend to the City
Co— c 1 that they support a systematic oode enforanent in the City of
Fridley.
UPUN A VOICE VOTE, AT.,L VOTING AYE, VICE-CHAIRPERSON KONDRICK D�CLARF�D
TI� NKYI'ION CARRIID UNANIMOUSLY.
pIA1�TING CCNMISSION N�ING, SEPTIIKBER 14, 1988 _ _ PAGE 14
: � �. a: ► ui�.��
NK)TION by Mr. Dahlberg, seconded by Mr. Barna, to adjourn the meeting. Upon
a wice vote, all voting aye, �iice-Chairperson Kondrick declared the Segt. 14,
1988, Planning Ca�anission meeting adjourned at 10:10 p.m.
Respectfully submitted,
/
� ��� � ���
ynn� saba
Recrording Secreta.ry
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�-t-�� STAFF REPORT
� hs
APPEALS DATE
��N�F PLANIVING COMMISSION DATE : september 28, 1988
FRI DLEY CITY COIAVClL DATE .
REQUEST
PERMIT NUMBER
APPLICANT
PROPOSED REQUEST
LOCATION
SITE DATA
SIZE
DENSITY
PRESENT ZONWG
ADJACENT LAND USES
PARK DEDICATION
ANALYSIS
FlNANCIAL IMPUCATiONS
CONFORMANCE TO
ADOPTED LAND USE
COMPATIBIL(TY WITH
ADJACENT USES 8� SERVIC
ENVIRONMENTAL
CONSIDERATIONS
STAFF RECOMMENDATION
APPEALS RECOMMENDATIOI
PLANNING COMMISSION
RECOMMENDATIO�
0
� PLANNING DNISION
�
MEMORANDUM
cinr oF
fRIDLEY
TO: Jock Robertson, Community Development Director
. Planning Commission
FROM: Kathlyn Castle, Planning Assistant
DATE: September 23, 1988
REGARDING: Special Use Permit, SP #88-13, 7810 University Avenue
N.E.
PROPOSAL
Northtown Nissan is requesting consideration of a special use
permit to expand the exterior .storage of automobiles at 7810
University Avenue N.E. The storage area will be expanded to the
south on a one acre parcel and store 107 vehicles.
PLANNING COATSIDERATIONS
The expansion area is located in a C-3 district which allows the
exterior storage of materials as a special use. The exterior
storage will be screened from public right of way and adjacent uses
through the installation of landscaping.
Three previous special use permits have been qranted for this site
which relate to the operations of an automobile dealership:
1. SP �75-05; to permit the sale of new and/or used vehicles.
2. SP �75-25; to expand the sale of new and/or used vehicles.
3. SP �84-02; to allow autobody painting and refinishing.
The petitioner has not violated any of the terms of these permits.
This site has also been affected by a lot split, L.S. #75-04. The
reason for this split was to allow the future construction of a
road to the rear of the lots abutting the service road. As a
result, the site contains 30 foot street and utility easement which
was granted to the City of Fridley. Part of this easement was
vacated last year, SAV #87-04, because of the ABRA Autobody
development. The easement has been retained on the expansion site.
Jim Benson, a real estate representative for the owner, Robert
lA
Staff Report
SP #88-13
Paqe 2
Schroer, has stated that there is no intent to use the street
easement and Mr. Schroer would probably not object to vacatinq it.
Consideration should be given to vacatinq the street easement and
retaininq the utility easement on this site.
�ECONIl�ZENDATION
Staff recommends approval of special use permit, SP �88-13, to
e�cpand the exterior storage of automobiles at 7810 University
Avenue N.E. with the following stipulations:
1. Install landscaping as per City approved plan by September 23,
1989.
2. Install automatic irrigation by September 23, 1989.
3. Remove tires from northwest corner of lot.
4. All new and used cars must be stored on site (not on any
adjacent properties).
5. The fee owner formally requests the City vacate the 30 foot
street easement on the site. The 30 foot utility easement
would be retained.
1B
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SDC�ION �' R4iE� Q�DE: �" 205.15 (IIses � ae�mitted) ; . :: i- -� .�.:4
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� § � e-��'k ,� .�a� 44�w� .�� •*''.� �,^��' �s ,.5.w.r t "�',,:�` . .� �,..- � �, r��*} �4 °H y �. �:. '��� � ^r
�FEE OWNER II�FORMATION �� ,. �.����� ;,�� � _ {} , � �Y ,a:o ` :
, :. �� _,. �. , �.� ���, , ,; r �,. .�,
P� <: a .�" �,.. .,. .. .._ '_'� , ::,. py: .� ....,�.� t• ,X,� '��., a :
� un� '�:. Robert H _ Schraer � . PHONE ''� -� � 571-66�20 �`�. ,.
1D
P[BLIC HFARING
BEEORE 'giE
Pl�AlVNIl�IG CAMMISSIDN
- .-�
Notice is hereby given that there wi11 be a Public Hearing of the Planning
Caamission of the Ci�y of Fridley a� the CUN�IJNIl'Y IDiCTTC�iTIDN CEr1TER, 6085 -
7�i SiREET N. E. on Wedr�esday. Septenber 28, 1988 a� 7:30 p.m. for �he purpose
of : -
Consideration of a Special Use Pernni.t, SP #88-13, by John
Kephart for Northtoam Nissan, per Section 2 05 .15 .1. C. 2,
to allaw autanabile agencies selling or displaying new
ar�d/or used motor vehicles, on part of Lo� 2, Block 3,
East Ranch Esta�es Second Ad.dition, an addition �o
Nor�htown Nissan's existing inven�oYy.
Any and all persons desirir� to be heaxd shall be given an apportuniiy at �he
above stated time ar�d place.
DONALD BEIZOLD
Q3AIl�N�,N
PLAIVDTIlVG mNIl�l7�SSIDN
Publish: Sep�enber 14, 1988
Septenber 21, 1988
Any questions related to this iten may be referred to the Fridley Canmunity
Development De�ar�nent. 571-3450.
�
SP �88-13
Northtown Nissan
John Kephart
Northtown Nissan
WBDH Realty Co.
7810 University Avenue N.E.
Fridley, MN 55432
Panekoeken Huis
7730 University Avenue N.E.
Fridley, MN 55432
J. Benson and G. Bradbury
5353 Gamble Drive
Minneapolis, MN 55416
J. Benson and G. Bradbury
or Current Resident
7710 University Avenue N.E.
Fridley, MN 55432
Kennedy Transmission
or Current Resident
7700 IIniversity Avenue N.E.
Fridley, MN 55432
Kenneth Niebuhr
7501 Hyde Park Drive
Minneapolis, MN 55435
Machining Inc.
7773 Rancher's Road N.E.
Fridley, MN 55432
P and K Properties
5920 Kirkwood Lane North
Minneapolis, MN 55442
Resident
7793 Rancher's Road N.E.
Fridley, MN 55432
Resident
7703 Rancher's Road N.E.
Fridley, MN 55/+32
Resident
7733 Rancher's Road N.E.
Fridley, MN 55432
Industrial Molded Rubber
7855 Rancher's Road N.E.
Fridley, MN 55432
Planning September 9, 1988
Council
Mailing List
Pitzen Enterprises
3628 Co�.nolly
Arden Hills, MN 55112
Robert Schroer
7620 University Avenue N.E.
Fridley, MN 55432
John Kephart
Suite 950
7825 Washington Avenue South
Minneapolis, MN 55435
Citq Council Members
Planning Commission Chair
lE
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SP #88-13
John Rephart
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