PL 09/14/1988 - 30687i�
CITY OF FRIDLEY
PLAI�TIl�TG COMNIISSION MEE�TING� SEPTII'7BF� 14, 1988
CAts TO ORDER:
Vice-Chairperson Kondrick called the Sep -14.F 1988, Plann�.g Ccx�¢nission
meeting to order at 7:36 p.m. j
RULL CAI.�L:
M�nbers Present: David Kondrick, Dean Saba, Sue Sherek, Alex Barna,
Paul Dah]berg --_
MemUers Absent: Donald Betzold
Others Present: Jock Robertson� Co�¢rn'�i-tv DPvelo�nent Directox
Kathlyn Castle� Pla.nni:ng Assistant
William Burns, Incoming City Manager
Nancy Jorc�enson, City Council
Dennis Schneider, City Council
Steve Billings, City Council
John Arkell, �Lrkell Develo�anent
Carol SlavicJc� T�rkell Development
P�Iaark Clemens, Arkell Development
^ Dennis Kroll, architect for Arkell Develo�nent
` Phyllis Prokopowicz, 1350 - 52nd Avenue N.E.
Donalcl Dickison, 1321 - 26th Avenue N.W.
See atta.ched list
ApPROVAL� OF AUGLTST 10 , 19 88 r PLANNTNG CQNIl�tISSION MIl�UTES :
MC7rION by Mr. Saba, seconded by Mr. Barna., to approve the August 10, 1988,
planning Commission minutes as written.
UPON A VOICE VOTE, AL�L VdTING AYE, �7iCE-{;HAIRPERSON KOI�IDRICK DECIARED TI�
MOTION CARRIED UNANIPiOUSLY•
l. CONSIDERATION OF A SPECIAL USE PEIS�liT, SP #88�°�1, BY ARitELL DEVFLOPMENT:
Per Section 205.07.O1.C.8 of the Fridley City Ct�de to allow townh�s for the
elderly in an R-1, Single Family�Dwelling zoning district, and �r Section
205.09.O1.C.7 of the Fridley City Code to allow townhoanes for the elderly in an
R-3, General Multiple Dwelling zoning district, generally loca.ted north of
I-694, ea.st of Central Avenue and west of Fillmc�re Street (legal description
ava.ilable at City Hall); and per Section 205.07.O1.C.8.of the Fridley City
Cod.e to allow townhoa�s for the elderly in an R-1, Single Family Dwelling
zoning d.istrict, on T�ots 10, 12, and 14, Block 2, S�ring 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. Sherelc, seconded by Mr. Barna, to wa�-ve the reading of the public
!�iear�.'ng notice and open the �ublic hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAI.I7PERSON KONDRICK DEK�ARED THE
MOTION CARRIF�D UNANIMOUSLY Al�ID TI� P��'IC �''��G OPEN AT 7:38 P.Me
;'1
PLANNING C�MISSION I��EI'TNG, SEPTFi�1BE1�14, 1988 PAGE 2
Ms. Castle �tat�l the peti.tioner is proposing single stor_y rental townhanes
for the elderly in t�ao loca.tior�s in Fridley. The first site is the Rice
Creek Roa.d loca.tion, on Rice C�eek Road, east of Central Avenue, This site
is located in an R--1, s'inc�le fami:ly dwelling zoning district; to the northeast
and south is R-1, and to the west is C-3, cc�ur�ercial zoning district,
Ms. Castle stated that becausa of the fi.igfi densities of this development, s�ne
variances are needed. 'I�nao vari:ances a:re neec7.ed for the Rioe Creek Road site,
The Appeals Co�nission wi11 be reviewing ttiese varian�es on Sept. 20. The
first var.iance is to i:ncrease the inaxiinum lot coverage allowed from 25% to 29 0,
and the second variance is to•,decrease t�iie lot axea per unit from 1 unit per
9,000 sq., ft. to 1 unit per 3�254 sq. ft,
Ms, Castle reviewed the �ite p]�an of the proposed dev�elapment. The tavnhoanes
are basically grouped 3n fours. So� of the units have attached garages, and
some do not. The total land area of the Rice Creek site is approximately 2,6
acres. There will be 32 rental tdwnticec�es on this site, '1'hi_s ccanes up to a
density of 12,3 units p�r acre�
Ms. Castle stated the City arequires 61 parking spaces, and the dev�eloper is
provi.ding 6 3 parki.ng spaces ,,
1�7s. Castle shaaed a grading and; d�a�na,ge plan for the site. She stated this
� is only a concept plan at this time,
Mr. Robertson sta.ted the developer has not yet fuxnished City Staff with a
final drainage plan; therefore, s��aff cannot approve the drainage plan. Because
of this, staff .is going to reco�nend to the Planning ConYnission that they table
action until the final dra,i7iage plan is svbmitted.
rtis . Castle sta.ted the sewnd loc.atian .is the Hillwind site located northeast of
Iiillwind Road� west of Fillmore� and south of Polk Street, This site is located
in both an �t 3, general multiple zoning di:strict, and an R-1, single family
dwelling zoning district. Approxilmately 2.3 acres are in the R-1 district,
and approximately 4,7 acres are in the R 3 clistrict. Once again, because of
the high density development Y�eing located .in an R-1 district, four variances
are needed. These variances are:
1. To increase the maxiurnm� lot coverage allawed. from 25% to 25,50.
2. To reduce the lot area per uni.t from 1 unit per 9,000 sq. ft. t�
1 unit per 4,864 sq. ft,
3. To reduce the minitrnun hard surface setback from public right-of-
way fro�n 20 ft. to 3 ft.
4. To r�luce the building setback fro�n public right-of-way from
35 ft. to 15 ft�
Again, the Appeals Con¢nission will be reviewing these variances at their
,,� Sept. 20 meeting,
� Ms. Castle stated 60 units are proposed for this site, about 9 units per acre.
The City requires 113 parking spaces, and the developer is praviding 115 parking
spaces.
�
T,� �LANNIl�TG CO�ISSTfJN ME'�Er�TG;�� SE�T'IIKBER l4, 1988 PAGE 3
Ms. Castle review�l the preli'minarv drainage plan.
Mr. Robertson stated, again, thi� is only a prelimin�y drainage plan. As
people in thi:s area, know, there .is a na.tural drainagecvay that drains dvwn the
center of the site and into the e�etention and trea.trnP,nt pond. That drainage
will essentially reana� the same. The developer has not yet furnishec7. the
staff with any of the details of how that run-off is going to be detained so
the run off wi:ll Yje the s� a� when the site is empty. Again, this item will
have to be tab�l unti:l tTie engineeri'ng staf� has reviewed the drai.nage plans
in detail.
Ms. Castle stated that ���a^ tlie Rice Cr�ek Road project, sta.ff recommends
denial for two reasons;
1. Zt does not confor�i tc� the R 1 zoning �? i rements .
2. This development encroacYies upon a road ease�nent to the north�
This would interfere �ith tlie long r�nge plans of the neighborhood,
Ms . Castle stated -�h.e long r�.ng�e. plan for why the City got this easement �:s
to create an extension of Camelot along the rear pn��perty lines and then have
the neighboring lots �plit their lots and have single faznily houses built on the
new lots.
�� Ms. Castle stated that far the Hillwind project, staff recommends approval
with 9 stipulations;
ls APProval of the special use pernu.t is contingent upon approval
of the as�oci:ated variances,
2. The developer agrees to e�ecute a restrictive covenant agreement
which ]_imits the a.ge of residents to 55 years of age and older.
3n A maa:ntenance agreement be executed between the developer and the
City which. ensures the City that the buildings, landsca.ping,
streets, and ut.ilities be mai:ntained to the City's satisfaction,
4. A performance bond/letter of credit be issued to the City for 30
of the construction value prior to the building pernnit,
5. Soil correction tests are r�+�;.red prior to the issuance of the
building permit.
6, Automatic irrigation to be installed to maintain landsca.ping,
7. Landsca,ping to be iYista11ec7. per City approved plan,
8. Driveway to be paved according to City F�gineeri ng spea"'ifications.
9. Six=i:nch c:oncrete curbing to be installed around the perimeter
of driv�aay and off-street parking areas.
Mr. Robertson stated the City Council h� directed city staff to prepare same
;'"\ policy alternative a,na,lyses on senibr housing in the City of Fridley, The
hc�using portion of the City'� Co�rehensive Plan does not specifically address
seni:ox hovsing. Z'he C�npreTiensive Plan talks about pa�ovi�ling. a variety of
hotasi:ng types and housinc� ranges�--rental and owner housing--but it does not
E"�
PLAI�TING COT'MiISSION N�rIl�TG, S�II�iBER 14 , 19 8 8 PAGE 4
specifically address the senic�r housing issue, For insf.ance:
1. Tnlh.at senior housing types exist?
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 Cotta.ges" development.i
3, T'he loca.tion of senior housixig. 5hould it disbursed throughout
the City, should it be concentrafi_ed in location, should any excep-
tions in density be �a.de�
Mr. Robertson stated the Council has di:rected staff to prepare t.h.is information
for their review at their October 24 conference me.eting.
A2s. Sherek a,sked if staff liad a:riy measure at all of what the typical density
is for this type of housing, l�oth in Fridley and the metropolitan area. as a
whole.
Mr. Robertson stated tawnliou5e development generally is fram about 8-14 units
per acre. '14ii:s development .i� c�on�istent wi:th that general densitys Also,
this developer is in the p�ess of doing a similar pr�ject in Stillwater, The
Stillwater project is abc�ut 11 1/2 unit5 per acre, so .it is. comparable.to the
projects being proposed fox Fridley.
r"�
Ms . Sherek asked. i�' the i3eveloper ha:,s an� iantention of of fexing rent subsidies
or was this intencled to be lo�a modexate i1la�ne type housing?
Mr. Robertson sta�ted the pr.pposal. to the HRp, is for a subsidY Pm9r� �r
the f�rst 12 Xears of the project. The target rental ranges are $385/m4nth
for a one bedroom and $485/month for a t�„�o bedroom,
1�1s . Sherek stated that regarcling the restrictive covenant recom�nd.�7. in
sti-pulation #2, is that being re��nded to run with the groperty in
perpetuity so they are not looki:ng at this beccening coriverted to strictly
rental housing at scane time in the future?
1•L7 . l.a.S t�le .S�LCLL 111C1 l. Z.S ��eC.t s
Mr. John Arkell, Ark�ll Develop�nt, stated the bottom line is that the project
will not be built if they do not find more land in Fridley, The land in Fridley
is too expensive for 60 units, Sta.ff has reco�rended 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 tremendous
amount of success in leasing the una:.ts. As statec7. by Nir. Robertson, the units
will rent for $385/month for a one bedroom unit and $485/month for a two bedroom
unit. Arkell Development will not be doing the praject. A co�any called
r-.\ Equitec, which is a large New York Stock Exchange company, will be doing the
project, and Arkell Development will be averseeing the project.
PI�AI�TIlJG CQMNlISSION MEETING, SE�TF�'�ER 14, 1988 PAGE 5
,�
Mr. Arkell stat� they have a,slced the City for assistance in an interest rate
reductior� program whic�:means the increase in taxes that are generated by t�he
project will be used to reduce the nwrtgage on the property, thus crea,ting the
$385/month rental range. Most se,r�ior housing today is substantially higher
than that. The general r�nge today tor sen.ior housing is $650-1,200/month.
Mr. Arkell statecl the p�r�ject exists in �tillwater, They have built two of
three pha,ses there, Their fir�-� phase was 64 ur�its, and the second phase had
a waiting list for the �0 units. 'I�y are naw in the process of building an
additional 56 units to round it out at 180 ur�its�
Mr. Arkell stated they have agreed with the City, at least initially, on the
landsca.ping which is a big part of `'T'h�e Cottages" ,
Mr. Arkell stated they haee bui:lt or a�e in the process of building projects
in A4adison, Wis�nsin; Cliis�,go City; Ma.ple`aood; St, Paul Park, and there are
another dozen com�n.ities like Frid:Ley trying to d�ide if this is the ki.nd of
project they want for their seniors,
A citizen asked haw long it `aould be before the rents went higher than the
$385 and $485,
Mr. Arkell stated that is a.dif�icu�t question� The financing they axe using
�.,� is FHA, and FHA has s� restrictions on who they can rent to (must be a
senior). The ta�c credi:ts today restrict how much they can charge for rent,
and that goe.s for the next 15 years, If the project is sold, the restrictions
go with the units.
Ms. Sue Messick, 6257 Ben More Drive, asked if the restrictive v�venant s
perpetuate that this property �s only available to seniors at the end of
what period of ti�?
Mr . Robertson sta.ted tliis propex�tt_y will only be for seniors in perpetuity a
A citizen sta,ted. he ha,d vi:sitecl the project in Stillwater, and th�re is no
w'ritten agreement there as to �io can li:ve there �
Mr. Arkell stated. that is correct. In Still`aater's case, the City of Still-
water has the developer's word th�..t they wi11 rent to seniors. Fridley is
going to � a lot tougher than that, It is going on two yeaxs far the Still-
wa.ter project, and they have lived up to their wo�d..
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 ha.ve t� exceed. that 5a
�7P�1L"1�7 1riCl^Prc1S8 e
Mr. Mark Sehwartz, 1372 - 64th 1�venue N�E., stated he is concerned about
the property value of the h�s dropping because of multiple dwellings in an
R-1 district.
�
PLANNIl�TG CC�lNiTSS�ON N��NG, S� I4, 1988 PAGE 6
�
Ms. Delores Orr, 1100 Lynde D�ive N,E�, ask� about the �oad accessibility to
the Hillwind project, .
Mr. Arkell stated the road. acces5ibility will be fran Fillmore Street and
Polk Street. It was discussed at�grea,t length to keep the traffic off Polk
Street, but there i.s no other waye
Ms. Orr stated Fillm�re Street �.s heavily travel� with school buses beca.use
there is an elementaYy school across the street.fran this complex:
Mr. Arkell sta�ed. this was discvssed at grea.t length at a neighborhood meeting.
He thought the general concens�us was that a senio� projee-� was the lesser of
all evils. There will not be the traffic an a�artment building_will generate,
He was proposing 60 units on this si�te, and he believed the zoning would a11�
40-44 units between single f�ly and an apartznent c�nplex that wulc� be built
there.
Mr. Curt Dahlbex 1384 -� 6.4tri: �venixe N,E, �: s�ted, he �as twp lots adjoining
��
the propertY P�Po� ��=' de�elo�nt on Rice- .Creek Road, Zf this development
gOES '�1�UCj�1.� 1't Wll.l �.c1I1�.00�C. 'f.�lE',SG t{h70 l�'�,
Mr. Arkell stated he �aas not �aare of that, and they wo�a].d definitely give that
son� consider�,tion. It see�ed.:�lc�gical that the City would not allow them
� to landlock anylavdy ��� parope�r� �nd it i.s certa3�ly not their intent to land-
lock property so it c;ould neve� be iisedfl
Mre Joe Nelson, 1357 -�64th Avenue N�E., stated this i5 residential, R-1
P�P�'ty, . and he wc�uld like tp see it renain single family.
M.r. Arkell stated he could understand the nei,ghborhooc7, at the Rice Creek site
��� �t F�Pe�-Y to reanai.n single family. He just did not be].ieve it
would ever be sold as single family becavse of the work �at has-to be done to
C01"�2Ct �1@ S011. ,
Mr. Ba.rna stated it see�d tiie main concern to the Rice Creek neighborhood is
the density. It is going to be an exp�azs,ive pro�ect for any develop er, but
he did not think it would be single family in the present economic market.
Staff has rec�nded a decrease in the number of units� and the neighbors
bO���g �e �� P�Pe�Y �e �-ght want to split their lots off at same
future time. He asked Mr. AYkell if the site plan is redrawn so the layout
of the buildings is restructurecl for a cul-de-sac enrling in the riorthwest
corner. cou7-d they then meet the density requir,,�nent.s feasible for the develoFxnent
on this si.te?
Mr. Arkell stat�l it certainly made sense to lea.ve the ease�r� in back and
have a cul-d.e-sac so t-liey would not landlock any property. He stat�. they
are wilLing to try to �rk �rith less units if they can. They do not want to
lose Fridley because of the ec�nomics .
�
' Mr. Robertson stated staff ha.s been dir�t�d to also look in the vicinity of
Central Avenue and Osl�rne Road at an industrial piroperty there. In the Coic�
prehensive Plan, they did leave the door open for housing in an industrial area
if there is �cessive industrial pr�perty to look at, especially for a tawn-
house develo�anent.
��
PL�Tf1�TG CC�NiMISSION P�ETTDTG, � 14, 1988 PAGE 7
There were a rnunber of senio�rs in the audier�e who were at the meeting to get
informa.tion on both c�canple�es ,
MOTION by Ms. Sherek, seconded. by Mr. Barna, to close the public hearing,
UPON A VOICE V�i'E, AI�L VOTING 1�,YE, V�CE-CHAIRPERSON KOI�IDRICK D�CLARID THE
MC7rI0N CARR� UNANIl�tOUSLY,
Ms. Sherek stated she agreed. with Mr. Barna, and that the developer should take
another look at this site A Obvic'�usly, they do not want to see a develoFanent
that is going to landlc�lc any p�oper�ties. On the other hand, she was not
rea.dy to say "no" to the Rice Cr�k project, This is at least the thiYd
proposal for the Rice Creek site_i.n the last three years, It is not a feasible
single fami.ly site, and the� have to look at sce�ething. The density is some-
what high, but this is a dii`f�cul.t 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 doavnsizing the project to allow the easement
and lasaer the density on flie site� She is real unacxnfortable with the lack of
a final drain�,ge plan for that site, beaause this is a bad spot for water
probl�ns.
MOTION by Ms, Sherek, second� by Mr. Barna, to table SP #88-11 by Arkell
Develo�nt 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 s�ubmitted final site and drainage plans
for both tfie Hill`aind and Rice Creek sites,
Nlr. Saba sta.ted � ac,�;reecl �.":tli: Nls. She�:ek, except he did not thi.nk this type of
� liousing belong� on the �t.i:ce Creek s.ite, They do not need to develop every
single acre of land in Fridle�r. He felt they really have to take a ca-reful
look at the undeveloped. s.ites in Fridley and deci:de whether they want to develop
all of thean. He tfiouc�t empty pieces of land in the City looked niee. It gives
the City a little na.tux�al area, and tfiere is very little of that left in the
City.
.Mr. Saba stated this type of hc��using `aould fit much better o�iz the Hillwind site,
although he did share Msp St�erek�$ c�nc�rn about the drainage, and that should
be addressed before the Planning Co�nission can vote on the project.
Mr. Bar.na, sta,ted he is not wi7,ling.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 like to see
a different site plan for the Iti..ce Creek site.
Nir• Dahll�xg stated at ttiis time it is inappropriate for the Planriing Co�ni.ssion
to take any kind of action, All the infor�mation on this project for both sites
has not l�een submitted to th� City in order for the Plaruzing Co�snission to take
any action. Drainage is the key issue, [�ien buildings are put onto sites, they
are nQt only talking about the l�ui;ldings and the basements of those buildixigs,
,�-� but also the amount of paved �ur�fa�s ont�e land� Water does not soak into the
�oil any longer, and it runs o�f, and the effect that kind of developm�nt has on
the ad.jacent parcels of land is a ma.jor c:oncern to the Planning Con¢nission.
PLANNING CAr�2ISSTON N.�ETIl�TG, SE'P'�'�ER � 14 , 19 88 PAGE 8
f"`�
Mr. Dahlberg stat�d. when the Con¢nission has further information and co�lete
information, then they will be better alile to judge wha.t to reconunend to the
City Council.
Mr. R�bertson stated it is: appropriate to table any action at the Plarming
Co�nission, not only.because o� the lac7c of fi�al;_:drainage plans, b�c,=but also
because the City Council is going to review senior housing policy at the end.
of October. It might take the Council several weeks before a decision is
made after that meeti:ng. 'T'he �lanning Co�nission might want to consider
tabling this action until the� receive somne policy d.irection fr�n the City
Council,
Mr, Kondxick stated he a�reedg FIe bel.iev�1 each member of the Planning
CoiYanission agre� there .is a neecl for more housing for seniors in the City of
Fridley, but he did feel they do rnjt fia.ve e�ugh information at this meeti.ng
to make a recommenda,tion to the City Council� This iten will be tablec7 until
the C�anission receives znore infoarmat.ion fram the City Council and more infor-
ma.tion frcan sta�f .
Mr. Robertson st��7, the City wil]„ �renoti£� tlze ne�.ghborhood.s when this is
ba.c]c before the Plazming Cone�i:ssions
Councilmember-at-loarge Nancy Jorgenson stat.ed she would like to ha.�e all the
�, people who attended ttii� n�eeting notified, in.addition to the people who were
previausly notified.
UPON A VOICE V(71'E, ALL VQ'T'i1VG ,�., 'V�CE-C�IIZPERSON KOl�IDRICK DECLARID THE
MOTION CARRIED UNZ�l�T3M0U�uL�*
�, �
2. �ONSIDERATION OF A IAT �LZT', L�;S #88-U4 BY' ST�NLEY A1�ID PH3�iZIS PROKOPOWICZ;
To correct a certificate of° 5urve�r done in 969 in relati.on to the ot l.ine
between. Lot 1, Block 2 � Mar.i.�n Hills Second laddition and I�t 2, Block 2,
Marian Hills Second Addition, generally loca.ted at 1350 - 52nd Avenue N,E.
and 1340 - 52nd Av�nue N.E.
Ms . Castle stated. t1�.is property is lc�cated in an. R-1, single fami.ly dwelling
zoning distr.ict, T�at is bea:ng proposed to be split off is a little
triangular piece of prc7perty in the sautheast corner of Lot 2 which will then
be combined with Lot l. The reason for the lot split ,is due to an incorrect
survey done in 1969. 'I�.is s�lit �a:ill not cause Lot 2 to become out of com:
pliance with the zoni.ng ax7.e.
Ms, Castle stated staff is reco�ending approval with the following stipulation:
l, A division/canbination form � signed by the fee owner and
returned to the City by Dec, 2, 1988.
Ms. Phyllis Prokopowicz stated that when they bought the property, they had
,,� it sur.veyed, In 1969, wh�n they put up a retaining wall, tt�e praperty stake
was removed.by the contxactor. They asked the City if the City could replace
the sur�eyor's stake so they cc�uld put up the retaining `aall, The City did
replace the sta]ce, but it was put in 5 ft� into the rieighbor's property.
The retaining wall �ent up, and about two years later, when the people to the
west bui:lt, they had their property stakec7. and found the stake was 5 ft. on
r'"'1
�G c�r�lTSSION rME�'�iG, �:��ER 14. 1988
PAGE 9
their property on the retain3ng wall. She sta.ted they are just ttiying to
simplify this mistake rather than taking da�m the retaining wall, fences, etc,
i�IOTIflN by Ms . Sherek, seconded by I�Ir. �aba, to rc�omrend to City Council
approval of Lot Split, L,S. #88-04, by �tanley and Phyllis Prokopowicz, to
correct a certificate of surv�y done in 1969 in relation to the lot line
between Lot l, Block 2, Marian Hi11s �econd Addition and Lot 2, Block 2,
Marian HilL� Second Addition, generally located at 1350 - 52nd Avenue N,Ea
and 1340 - 52nd Aveflue N.E., with the following stipuiation: A division/
combination form 1� signed by the fee owner and returned to the City by
Dec. 2, 1988.
UPON A VOICE VOTE, ALL VOT71� .'�Y'E, VICE-CI�IRpERSON K01�IDRICK DF7c'I.�1,RID THE
MOTION CARRTED UNANIl�!(jU�LY,
Mr. Kondrick stated this i'�telti will go to City Council on September 26,
3. CONSmII�,TI�N Ok' � SPPICfi�I� tT�E �'E"RM_iI' �'P �88-]:2, �X` DOI�iALD DTCKISOAT;
Qer Section 205�05.04 of tTze Fridley C3ty Code to allow an air coriditionin
heating and electxical. contra,ctor office in.an S-1, Hyde Park Neighborhood
zoning district on Lo� 2T and 28, Blc�ck 12, Hyde Park, tY�e same being
5973 --- 3rd Street N.E.
^ MOTION by Ms .. Shere'k, sec�nd� la�' Nir � Barna, to open the public hearing .
UPON A VOTCE VOTE, AIS, VOT�TG �,YE � V�CE�H'AIPERSON KO1�IDR2QC D� 'I'�
PUBLTC HEARII�IG OPEN 13T 9:.0 5 P eNi �
Ms. Castle stated this prope,rty i.s located sout:h of 58th Avenue an 3rd
Str�t, rnjjx�tli of 59th Avenue, and just to the west of University Avenue,
The property i.s loca�t�. in an �.-1� Hyde Park neighborhood zoning district.
To the north, south, and west is also an S�-1 district. This property was
discussecl recently for use as � church by an Orthod'ox Churc;h.
Nls. 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 spa.ces and do so�ne
landscaping to provide sc�ne screening for the parking area..
A�s. Ca,stle sta,t� ttie pxqpo�ed use does not co�ly with the use for a sp�cial
z�ning distxicte Despite this �'act, special use pern�its were previously
gra,nted �or differenf. coz�ur�errcial uses in 1985 and 1985, The 1985 permit
was passed with four stipulations concerning site improvements. Due to
extenua,ting circ�nstances, tlie �titioner never used the special use pernu.t
and never opmpleted the 5tipulations.
Ms. Castle sta.ted Mr, Dickison's business will have c1 minimal eff�t on the
surrounding c�runity. His office w.i11 employ approximately two people wi�kh
the hope of adding two to three more employees in a year� Due to tl-� na.ture
of the lausiness, no retail activity will occur so there will be no customer
�"1 tra,�'fic � Rep�irs are done off-�ite.
Ms. Ca,stle s�a,ted sta�� is xecp�unending denial because this use does not
comply with the intent o� the Hyde Park, special zoning, area, Denial is
based on Section 205.04,D3E whicli states: "whenever a lawful nonconforming
use of a structure is abandonecl for a period of 12 months, any future use of
�"'�
PLAI�IlVIlVG C�lISSTON P�TI'�TTG, SEP'3��ER 14, 1988 P�GE 10
said structure or land shall be in confonnity with the provisions of this
Chapter." �
Ms. Castle stat� the petitioner went before the Appeals Commission on
August 30 for soQr� as5c�ciated va�iances �'I'he Appeals Con¢nission reco��ended
approval of four eariances and denial of one variance �nti.ngent upon rLna
stipulations .
Mr. Robertson stated that e�en though the S�l zoning does not specify any
uses with a speci.al use pernd:t, the implication of the zoning is tha.t it is
to be treated similar to R=1 zoiv:ng, and in an R-1 zone, there are other
uses that are allowed �rith a speci:al use �rn�it; for instance, hospitals,
schools, etc.
Mr. Bazna sta.ted. the City Council is going to ha.ve to look at what tlzey want
to see along University Avenue-�-c�cial or residential,
Mr. Dahl.be,rg asked if the possibility of rezoning this particular p�rcel of
P�Pe�Y� had been a�nsidered b�_city staff to make .it anprot�riate for t3�,�
oon¢nercial use.
Mr. Robertson stated the staff has not aonsidered that possibility� They are
still going with the policy direction of an S-1 district. There is an addi-
�..1 tional problem in that they could not rezone just one piece of land; they
would have to rezone a strip or a node of so�ne sort.
Councilmember Steve Billings sta.ted that regarding Mr. Dahlberg's question
about rezoning, at the tin�e the area was zoned S-1, consideration was given
to whether or not the blc�ck inmtediately adjacent to University Avenue should
be S-1 or c�iercial. The thought pxocess was that rezoning is not short ter.m,
but esseritia.11y is forever, and that at some point in t.ime the exi.sting comnercial
would, for whatever rea.son, stc�p being used as c�rcial and would then revext
to the S-1 zone which ��;res single fami..ly housing, Three of the Council
�mbers 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 1� changing
his/her viewpoint from what it was 5 years ago, he felt the odds of a rezoning
to c�at¢nercial passing at this ti� were very slim,
Mr. Dahlberg sta.ted the rea,son he rais�l the rezoning issue is because this
particular parcel will likely never be a residence. Are they encauraging
occupancy of vacant properties in the City or are they trying to discourage it by
allawing arcllaic planning rec�anendations that might have been made years ago
because it seemed like a gcxi�.idea at the time?
Ms. Sherek stated she �ould r�,ther see t-Iie prope�ty occupied by a responsible
business �wner rather than sitting �acant and.an eyesore the way it is nc�w.
These vacant buildings just beccgne a nuisance, and there are others a�ound the
City.
�1 Mr. Barna sta.ted he had. a problenn with thi.s whole procedure, He was involved
in the S-1 zoning procedure as a m�nber of the Appeals Conuni.ssion, and he
attended quite a few of the neighborhood meetings, and there was an intent
for this area to be residential only 8 years ago. Naw the Planning Co�nission
is being asked. to issue a special use permit, which is very logical for that
PIAl�G CC�M�lISSTON MEE�II�TG, SE�TIIKBER I4, 1988 PAGE 11
�
site and that building, but not for an S-1 zonir�.g district, because they are
being asked to issue a special use permit to run a conBnercial business i.n
an R-1 zoning area. He could not vote in favor of issuing a special use
permit for a commercial bus.iness cnn this lot.
Nir. Dahlberg sta.ted he agreed with Nir. Barna, As far as the zoning was con-
cernecl, it is not appropriate to i.ssue a special use pe�ni.t for this zoning.
That �.s why he had suggested r�o�i.ng_ this parc�l tQ' make t1�e parcel
appropriate and th� builcling on tliat par�cel appropriate for a c:o�nercial usep
unless tt�ey tear dc��an. tfie bu-ilcling and have a vacant site that is available
for residential. He thaught thi:s prc�perty should not be zoned S-1, and it
is unfortunate that it is zoned. �1, but h.e also agreed it should not �
given a special use nP,�;�,;t �nder the S-1 zoningR He did think it was appro-
priate that the building 1� used.for this or another co�rcial purpose,
He sta.ted this is a very difficult deci�ion to make,
A2r. Dick�on. stated a prec�ent h.�s been s�t because tsao special use permits
were granted for this prop�rty in the past, He stated he either has � get
into this building or he wi11 have to go scenewhere else, The building is
set up to l�e used as a co�nercial builcling. He w�uld ]ike to go in on thi.s
site and fix it up so it looks gcxid�
MOTION by P�ir. Saba, seconded by Ms. Sherek, to close the public hearing.
�
UPON A VOIC� VOTE, ALL VOTIlVG �,YE,. VTCE--CHAIRPE�i,SON KONDRICK D�CI�IRID TF�
P���.' ��z �►�' � 9: 35� P a� e
MOTTON by Ms. Sherek, seconded by Mr. Sa'ba, to reco�r�end to City Council
appxbval of Sp�cial.tTse Permit, SP #88-.12, by�Donald Dickison, per Section
205.05.04 of the Fridley Ci�y Code to allow an ai� c�onaitioni.ng, heating,
and electrical contractor office in an 5--1, Hyde Park Neighborhood zoning
district on Lots 27 and 28, �l�k 12, Hyde Park, the same being 5973 - 3rd
Street N.E., with the stipulation that the special use ��nit run with t1�is
business only, and if the property is sold, the special use pernnit will
expire.
UPpN A VOICE V4TE� KOI�IDRICR, SHER£�K, SABA� DAI�BERG VOTING AYE, BARNA VO'I'ING
1�1AY, VI KOI�IDRICK DECLAR� TI� MOTION CARRI� BY A VO'I'E OF
4-1.
MOT3pN by Mr, Dahlberg, seconded by Mr. Barna, to_��om�rid to the City
oC�'-iu�icil that cbnsideration � given that the parcel of property at 5973 -
3rd Street N.E, be rezoned by the City, not by the owner of the property,
to an appropriate zoni.ng so a commercial business (C-1) can continue to
stay in this location.
Mr. 5aba stated ma.ybe there is another option here. D4a.ybe they should
recognize that this area. and the other con¢nercial businesses along University
� Avenue in t,he S-1 District are going to be like that for s�ne time, and maybe
the City should look at the possibility of modifying the S-1 zoning to allow
a wider range of special use pezmits than are a11o�,�red in the R-1 zoning.
PI�INNING COMNiISSIOAT ME�i'I1VG, � I4, 1988 PAGE 12
�
�
MOTION TO AN.�L�ID by Mr� Dah]berg, secorid� by Mr. Ba.rna, to reconsnend to the
City Council at they consider rezoning arzd�or modifying th� S-1, Hyde Park
Neighborhood Zoni.ng distric� to permit a wider range of special use per.mits
than are allowed in an R-1 district,
UPON A VOTC� VOTE, ALL VOTTL�T� �,Y,YE� VICE-C�ERSON KOI�IDRICK DF]CLAR.ED TII�
LiL�1GLV1J� L 1V11VLV ld'1L�L�.Ll�J �%LVL"��V.IlYl�../l:Il7ll� p
4� R�77CEIVE AUGUST 1, 198�8� P2�,RI�S & RE�REATIOl�i CONA'iTSSION NlTNUT�S s
MCYT'ION by Mr. Dahlberg, seconded by Mrs Saba, to receive the August 1, 1988,
Parks & Recreation Con¢nission minutes.
� • � � • � r r �•�• a�• � • i� • « � a � � a�� a
• � • � '1' ��i� I� 1 � • � `I
5. RF]CEEIVE AUGUST 4, 1988, 'Fl[lM��,N RESOURCES CONIl�LISSTON MIl�iTTES;
MOTION by Ms. Sherek, seconded by Mr. Barna, to receive the August 4, 1988,
HLm�an Resources Co�mi.ission minutes .
UPON A VOICE VOrI'E, AIS, VOT7NG �YE, VICE C�P�tSON KOI�IDRICK Dr7CLARFA TI�
MOTION CARRIID UNANIM�7SLY.
6. R�7CENE AUGUS°.I" 11, 1988, HOUSING & RE�EVET+O� Ai7THORITY �:
MOTION by Mr. Saba, seconded by Ms. Sherek� t�o receive the August 11, 1988,
Housing & Redevelo�nt Authority minutes,
UPON A VOZ�E VOTE, ALL VO2TNG AYE, VICE�IRPERSON KOl�IDRICK DF]CLA.� THE
MOTION CARR� UNAN1MOiTSLY.
7. RE10ElVE AUGUST 30, 1988, APPE�I,S C('�+MZTSSTON MIlWTES;
MOTION by Mr. Barna, seconded by Mr. Dahlberg, to receive the August 30, 1988,
Apj.��S COI[ZiL1S510ri ICI7..Illlt@S .
UPON A VOICE VOTE, ALL VOTTNG A`YE, VICE-CHAIltPER.SON KOI�RTCK D�CLARED TI�
M()TION C�1RR� UNANIl�lpUSLY.
: • i�- : ���
a. New Staff Report
Mr. Dahlberg sta.ted he would like to c��end staff on the new Staff
Report that is now included with each agenda item. It is � great
idea, and it certainly helped simplify the thi.ngs the Co�¢ni.ssion menbers
are looking at arx3 helped them in their decisions.
'-�
Mr. Robertson sta.ted Ka.thy Castle is the au�thor of this new Sta.ff
Report.
�
PLAIVNING CONA�ITSSTON N.�ETTNG, �ER 14, 1988 PAGE 13
b. Code Enforcement in the City o� Fridley
Ms . Sherek sta.ted she was one_ of �the �ocal people calling City Hall
over the last five years ec�¢nplaining about obnoxious sites in the
neighborhood. She is really getting t.o feel that the only places
that get hit with any requests to co�ly wi.th City Codes in Fridley
are people that are either reqv.esting sane type of building permit
or special use persnit or whc>se neiglibors c�mplain to City Hall ,
Ms. Sherek stated that in Minnez�,golis once or twice a year they flood
� of the neighborhood� a�itli c�de c�lianoe situations . They write
warni nqs to all P�Ple not iri cxanpliance with city cx�des, She stated.
she woul8 like t4 see tlie City of Fridley do something similar and
then follow through with the c�de enforcement. The citi�ens could be
not.ified via the media prior to this city-wide code enfoz�ment search.
Ms. Sherek sta.ted they need. to do a code compliance thing, not based
on just somebody's compla:ints or samebody's request to upgrade a property,
but based on those people making �sses in Fridley. She sta.ted her
neighborhood is really getting to look like a dtunp.
Mr. Robertson stated he appreciated and agreed with Ms.�Sherek's remarks.
He stated that the history of c�le enforce�nent over the last five years
�1 is that it has been relegated. to part ti� temporary employees. They
have finally been successful in getting a full-tune career c�de enforce-
ment officer, Steve Barg. He has been. given a job description to riot
only resporx7. to con�].aints, but also to design and �mplement systematic
cod.e enforcement throughout the City. Within t-hat, Mr. Robertson sta.ted
he has given Mr. Barog discretion to take a look at the City and to make
sane recommenc3ations on h�a to proceed with systema.tic code enforcement.
Mr. Barna stated one of the prcablems has been the lack of "teeth" in
the enforcement of a lot of c�des.
Ms. Castle stated also the stipulations to building permits are not
mally �nitored.. She has been working on t-� ng to change that, and
in the past few weeks, she, along with Michele McPherson, the Landscape
Archite�t, and Steve Barg �iave.gone through a11 the building pernnits
designating areas to inspect. 5he is riow reviewing trwse inspections
and in the next week she �ril1 start conta.cting these people. �at
success she will have, she did not knaw. 5he did knua that the Zoning
Code is not strong in the enforcement of any kind of permi.ts.
Ms. Sherek stated it appears.that city sta.�'f is going in the right
direction. She felt what is really neecled is a total co�crg�liance
111Spection of the City.
MOTION by Ms. Sherek, seconded,by Mr. Ba,rna, to recommend to tre City
� Counil that they support a systematic code enforcment in the City of
Fridley.
UPUN A VOICE VOTE, ALL VCYT'Il�TG AYE, VICE-CHAIRPERSON KONDRICK DECIARID
TII� MOTION CARRIED UNANIMOUSLY.
^ PLAI�Il�TING CCIN�ISSION N�TG, S�PTFMBIIt T4, T988 PAGE 14
AATOURl�'`I':
MOTION by Mr. Dahlberg� seconded by Mr. Ba�na, to adjourn the meeting. Upon
a voice vote, all voting aye,��i'ice-Chairperson Kondricac declared the Se�t.__14,
1988, Planni nq Cp�pj�SSiOn Irie2tl.rig' adjourned at 10 ;10 p.m.
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