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PL 11/09/1988 - 30690� CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 9, 1988 ______,...,._.._________..__,.,.,.....__,._______________..____,.____,.__....,._ CALL TO ORDER: Chairperson Betzold called the November 9, 1988, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Donald Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Alex Barna, Paul Dahlberg Members Absent: None Others Present: Barbara Dacy, Planning Coordinator Kathlyn Castle, Planning Assistant Steve Billings, City Councilmember Mary Gabler, Community Development Corp. Maclay Hyde, 33 South 6th St. Karen Arnold, Onan Corp. John Culligan, Boarman Architects Jeff Nammacher, Coldwell Banker Jamie Stevenson, Wickes �, Bruce Opp, Burlington Northern APPROVAL OF OCTOBER 19 1988. PLANNING COMMISSION MINUTES: MOTION by Mr. Barna, seconded by Mr. Saba, to approve the October 19, 1988, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. '�. PUBLIC HEARING• CONSIDERATION OF A REZONING. ZOA #88-04. BY COMMUNITY DEVELOPMENT CORPORATION FOR THE ARCHDIOCESE OF MINNEAPOLIS AND ST. PAUL: To rezone from R-2, Two Family Dwelling and C-3, General Shopping Center, to R-3, General Multiple Dwelling, on Lots 1 through 16, Block 1 and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, generally located east of St. Williams Church. 2. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-15, BY COMMUNITY DEVELOPMENT CORPORATION FOR THE ARCHDIOCESE OF MINNEAPOLIS AND ST. PAUL: Per Section 205.09.01.C.7 of the Fridley City Code to allow homes for the elderly on Lots 1 through 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, generally located east of St. Williams Church. �"'� Y � PLANNING COMMISSION MEETING, NOVEMBER 9, 1988 - PAGE 2 � MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:36 P.M. 3. CONSIDERATION OF A LOT SPLIT, L. S. #88-05 , BY COMMUNITY DEVELOPMENT CORPORATION FOR THE ARCHDIOCESE OF MINNEAPOLIS AND ST. PAUL: To create a separate parcel from the Norwood Addition to Fridley Park plat to be described as Lots 1 through 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated alleys. The site totals 121,500 square feet and is generally located east of St. Williams Church abutting 5th Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Barna, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:37 P.M. Rezoning Request Ms. Dacy stated the parcel is located adjacent to 5th Street just north of 61st Avenue. The property is presently zoned C-3 and R- 2. The R-2 area abuts directly to 5th Street and the commercial zone is located on the rear side of the parcel directly adjacent to the Moon Plaza Shopping Center. Because the parcel is bisected by two districts, staff advised the applicant to petition for a rezoning to an R-3 district. The R-3 district is a multiple family dwelling district and allows homes for the elderly as a special use. Even though the current districts do allow homes for the elderly either as a permitted use or special use. Staff recommends rezoning the property to R-3 would be appropriate because the C-3 and R-2 zoning do not provide the lot structure requirements to adequately control the site plan for an apartment project for the elderly. The R-3 zoning in this location would also be appropriate because it would act as a buffer from the Moon Plaza Shopping Center and the commercial area in general to the single family area and the two family area to the east and north. Ms. Dacy stated staff finds the intent of the R-3 district and the uses permitted in the district are consistent and compatible with the adjacent land uses and zoning. In the staff report, it was pointed out that the R-3 district does allow for motels and hotels as special uses; however, it is obvious that this particular location would not be appropriate for those uses and that the City � would have the ability to deny those requests if the apartment project for the elderly was not consummated. � PLANNING COMMISSION MEETING, NOVEMBER 9. 1988 - PAGE 3 Ms. Dacy stated rezoning the parcel to multiple family dwelling district would be consistent with the Comprehensive Plan, and the subject parcel is identified in the Comprehensive Plan as a potential site for medium density housing. Also, construction on this property is consistent with the Center City Redevelopment Plan for the area. Ms. Dacy stated staff's recommendation is the Planning Commission recommend approval for rezoning the property to R-3, subject to approval of the lot split application. Special Use Permit Request Ms. Dacy stated the special use pernait application is to allow the elderly apartment project on the subject property. She stated the R-3 district requires 2,500 square feet of lot area for every unit built. In order to meet the lot area requirement, it is necessary to reserve what the applicant is calling a"open air easement" and what staff is calling a"lot area easement" to preserve this area in the church property from future development. The R-3 district also allows a lot area reduction for promoting underground parking spaces. ;� Ms. Dacy stated the applicant's site plan shows proof of parking required by City Code. Because it is an elderly project, only 78 spaces will be used at this time and an additional parking area for 39 spaces will not be constructed at this time. Community Development Corporation manages a number of units and projects in the metropolitan area; and based on their past experience, the proposed parking area is adequate with the extra 39 spaces in reserve if it is needed in the future. � Ms. Dacy stated the building will be shaped in an "H" manner in order to emulate the lot widths and existing pattern across the street. That shape also helps break up the mass of the building on the property. The exterior of the building will be brick face masonry with rock face block and horizontal wood siding between the second and third floors. Ms. Dacy stated the applicant is working on landscaping with staff. One of staff's primary concerns is screening along the rear of the property and that is one of the applicant's concerns also. Three options have been suggested by staff: (1) a combination of fencing and landscaping; (2) landscaping only; (3) fencing only. Ms. Dacy stated the Engineering Department has indicated a storm water management plan will be required at the time of the building permit. At this time, it is felt that the pond can be located in the area of the open air easement on the St. Williams Church property. � PLANNING COMMISSION MEETING NOVEMBER 9, 1988 - PAGE 4 'r'yi Ms. Dacy stated because it is the concern of the City to control the project as an elderly project, so staff recommends that the applicant file restrictive covenants against the property requiring that the project remain as an elderly project. Ms. Dacy stated staff is recommending the Planning Commission recommend approval of the special use permit with the following stipulations: 1. The applicant shall submit a storna water management plan at the time of building permit application. 2. The applicant shall comply with the conditions of approval for the lot split application. 3. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment building to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 4. A revised landscape plan shall be submitted at the time of building permit application, containing the following changes: A. Japanese Greenleaf Barberry Hedge along the front parking area shall be installed and maintained at a height of 3-4 feet and spaced at 1 1/2 - 2 feet. B. All trees shall be balled and burlapped. No tree spaded Evergreens will be permitted. C. Street trees shall have a 2 1/2 inch caliper. The Cranberry trees shall have a 1 3/4 inch - 2 inch caliper and the shrubs shall be either 2 feet in height or in 5 gallon pots. D. In order to accomplish consistent screening along the rear lot line in compliance with Section 205.09.07.B, the applicant shall install one of the three combinations of fencing and landscaping: 1. Install an eight foot privacy fence with five Silver Maples 2. Install a Continuous Spruce Evergreen planting of ten foot trees at 10-15 foot spacing. 3. Install and maintain a hedge at minimum 6-8 feet of Techny Arborvitae, Upright Juniper or Amur Maple spaced at 1 1/2 - 2 feet. � 5. The applicant shall install an underground lawn sprinkling ` system to maintain all lawns and landscaping on the property. � PLANNING COMMISSION MEETING, NOVEMBER 9. 1988 - PAGE 5 6. All parking areas shall be striped and shall be lined with concrete curb. 7. Park dedication fees shall be paid at time of building permit application. Lot Split Request Ms. Dacy stated the applicant is requesting subdivision approval to divide the St. Williams property into two lots, one lot which will contain the existing buildings and the second lot which will contain the proposed senior housing project. Ms. Dacy stated staff is recommending the Planning Commission recommend approval of the lot split with the following stipulations: 1. Submit an easement agreement to be reviewed and approved by the City Attorney's office addressing the following issues: a. Stating the legal description of the easement b. Prohibiting building construction within the easement. c. Recognizing the existence of the church parking area. d. Allowance of a.storm water management pond or other �"� drainage and utility structures. e. Other issues as determined by the City Attorney. 2. The easement shall be recorded in conjunction with filing of the lot split at the Anoka County Recorder's office. 3. The applicant shall submit a survey of the entire property and provide the legal description for both parcels and the easement after City Council preliminary consideration. Ms. Mary Gabler, Director of Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, stated the Corporation was formed in 1974. She stated it is a nonprofit organization that has built about 1,500 units around the metroplitan area over the last 14 years. About one-half of the units are elderly and the other one-half are family units. She stated they also own a management company called Westminster Management, which manages about 2,500 units right now in the metroplitan area. She stated they were approached a couple of years ago by St. Williams Church who had put out a request for proposal to developers. As a result of a study done of the seniors in their church, they felt there was a need for some moderate income elderly housing in Fridley. Subsequent to that, St. Williams chose the Community Development Corporation to act as a developer for Norwood Square. Community Development Corporation followed up and had a professional market ,� study done which showed there was a need for approximately 70 units ' of moderate income senior housing in this area. � r'^� PLANNING COMMISSION MEETING. NOVEMBER 9, 1988 PAGE 6 Ms. Gabler stated they are very excited about this site. What is nice about this site, particularly for senior housing, is the accessibility to churches, a community center, and shopping. They are a little concerned about the back of Moon Plaza and they were happy that staff came up with further recommendations for landscaping in the rear. Mr. Dahlberg asked if there was any potential for expansion on this site in the future. Ms. Gabler stated, given the way the building is laid out architecturally on the site, there really is no space to expand. Mr. Saba asked Ms. Gabler if she was comfortable with a density of 70 units. Ms. Gabler stated she is because they have developments with tighter density that have been very successful. The open air easement will help and the landscaping will help. �nThat they have found with moderate income seniors is they like to look at green space, but some people also like to watch traffic and request apartments over parking areas. So, they really get a diverse view from seniors. She thought the architects have done a good job in designing the project. Mr. John Culligan, Project Manager for Boarman Associates, stated they are the architects for this housing project. The focus of the Community Development Corporation and Boarman Associates is to develop a senior housing project, primarily for the senior citizens of Fridley, and they want to develop a project that fits into this neighborhood and Fridley. The are proposing a 3-story, 70-unit senior housing project--50 one bedroom units of approximately 600 square feet in floor area and 20 two bedroom units of up to 1,000 square feet in floor area. Mr. Culligan stated in terms of parking, they are providing 53 underground parking stalls which are accessed from a driveway along the north side of the property and then into the back end of the building. They are also providing 25 surface parking stalls, 15 along the north side and 10 along the east side along the front of 5th Street. Mr. Culligan stated what makes this project in terms of the R-3 district rezoning, which they are requesting, is that the combination of the underground parking stalls and the open air easement provides the adequate site plan square footage to accommodate a 70 unit housing project. ,,.� Mr. Culligan stated that through a series of design elements, they � are trying to bring the building down in scale--to minimize the scale horizontally. They have done this in a couple of ways: r., PLANNING COMMISSION MEETING, NOVEMBER 9, 1988 - PAGE 7 1. The configuration of the building. They have developed basically an H-shaped building with primarily two wings. That breaks down the scale of the building. The H-shape is developed so that approximately 2/3 of the building is 100 feet back from the property line. The requirement for an R- 3 building is a minimum of 35 feet from the property line. One-third of the building is at 35 feet, but that is also a smaller portion of the front facade. 2. They have provided a hip roof. Many of the roofs in this area are hip roofs. That also breaks down the scale of the building from the front, sloping it so the main peak which is at 40 feet above grade is back 40 feet from the front face of the building. Mr. Culligan stated they are working with staff on the landscaping. Staff has made some very good recommendations which they are following in terms of landscaping and in terms of the general appearance of the project. Mr. Culligan stated the entrance for primarily occurs at the center point of the building. The P°`� entrance and a central lobby. Some of the other providing for the seniors are private storage facilities, and community room with kitchenette at building with a walk-out plaza area. � � visitor parking y have a central spaces they are spaces, laundry the back of the Mr. Culligan stated that in terms of the location of the building to the rear property line. The minimum is 40 feet. Their building is 65 feet from the rear property line. That allows for a private plaza area/patio area for the residents. It also provides the potential for the storm water management ponding area which will be located back along this area, unless at some future date they have to construct the additional parking area. Then, they would have to possibly build the ponding area in the easement. Mr. Culligan stated they feel this building is going to fit in well with the neighborhood. He described the building facade. Mr. Kondrick asked about the security system. Ms. Gabler stated this building will actually have two security systems: 1. A personal security system within the apartments with emergency cord pull systems located in the bathroom and bedroom. When pulled, the emergency call will be answered by an on-site manager or on-site caretaker. If they do not answer, then the system is hooked up to an emergency call system that dials "911". r,, PLANNING COMMISSION MEETING, NOVEMBER 9. 1988 - PAGE 8 � 2. There will be the telephone entry type system where someone has to come into the lobby area and dial the resident's apartment. The resident then must push a button to open the security door to let the visitor in. Mr. Kondrick asked about rental costs. Ms. Gabler stated they are trying to stay within the range of $475 for a one bedroom unit to $750-800 for a two bedroom unit per month. That is the range their market study said was feasible in this area. A lot depends upon the interest rate and how they proceed with the development. Mr. Betzold asked what Community Development Corporation's e�erience has been with parking situations; for example, visitor parking on special occasions and holidays? Ms. Gabler stated they have done 17 elderly developments and 900 of those buildings have 50% on-site parking or underground parking. They have never had to expand their parking, even though in almost every one of those developments, the cities have asked to be shown proof of parking. They have found that when people move in, they �°1 have cars; but after a couple of years, the residents begin utilizing the local transportation systems more and use their cars less. On occasions such as Mothers Day and Christmas, there might be more traffic than they can deal with and there might be some parking on the street on those days, but never for long periods of time. It has never become an issue with any of their other projects. A lot of people are also gone on holidays. She was inclined to think that the underground parking would be used, and the surface parking not used very much by the residents, so the surface parking could be used by the visitors also. Mr. Barna asked about lighting for the entryway and around to the rear parking garage area for security reasons. Mr. Culligan stated the general design characteristics will require them to provide adequate lighting along the drive and they will also flank the entrance with wall mounted light fixtures. As far as lighting the entrance, they have developed a portico that projects out to the drive that will be lit with can lights underneath. The lighting along the drive will be nondescript fixtures that will light the drive area and the entrance with covers to keep the lighting from going more than 30 degrees and projecting out into the street. At this time, however, they are talking about design concepts only which have not yet been put down on paper, and they have not done the engineering on the fixtures � and lighting spreads. Mr. Dahlberg asked if the trash containers would be outside the �, ,� � PLANNING COMMISSION MEETING. NOVEMBER 9. 1988 - PAGE 9 building or stored inside the building. Ms. Gabler stated the residents will put their garbage down a chute. The garbage goes into a dumpster located in the lower parking level. In most cases, the site manager or maintenance manager will push the trash dumpster outside on pickup day for the trash hauler. There will never be trash containers stored outside the building. Mr. Betzold asked if there was anyone in the audience who had any comments/concerns regarding the rezoning request. There was no response. Mr. Betzold asked if there was anyone in the audience who had any comments/concerns regarding the special use permit request. Ms. Dacy stated the Community Development Corporation did conduct a neighborhood meeting in October, and some neighbors did attend that meeting and did ask questions. The reaction of the neighbors at the meeting was favorable. She stated staff has not received any telephone calls since that meeting. Mr. Betzold asked if there was anyone in the audience who had any comments/concerns regarding the lot split request. Ms. Kathleen Brady, 6161 5th Street N.E, asked if St. Williams had any plans for developing the rest of the area that would remain church property. John Brandes, Pastor of St. Williams Church, stated the current plan is to develop a space no larger than the educational portion of their building and create a new entrance on the east side of the church with a turn-around. Ms. Gabler stated she would encourage the neighbors to stop at St. Williams Church and look at the scale model that is on display. Mr. Barna asked staff if there was any reason for the open air easement to be under the covenant along with the senior housing site. If the Church should decide to build another structure on their property, there might not be enough square footage to allow a structure if the open air easement is tied up with the same covenant for the senior housing site. Ms. Dacy stated the Church would have to recognize that there may be some future implications on the future development of their property because of the reservation of that open air easement. � ,� � PLANNING COMMISSION MEETING. NOVEMBER 9, 1988 - PAGE 10 Mr. Malcolm Mitchell, 1225 Regis Lane, stated he is a member of the Elderly Housing Task Force for St. Williams Church. The Task Force helped put this project together. He stated that from the Church's perspective, they have understood that this is an easement that will be there; and if at some point in the future they want to build something on their property, then there would be the opportunity to come back to the Planning Cammission and City Council and request some variance from that easement, if it is necessary. Also, he thought they understood that they could not put any permanent structure on the easement, except for the possibility of parking for the handicapped, for example, or something like that. Mr. Barna suggested that the people from St. Williams might want to work with the legal staff before the City Council meeting to reword the covenant in such a way that the covenant would apply only to the physical description of the senior housing site and that the open air easement would not be under the senior covenant but under a covenant for open air and no structures. It would leave it open for future development plans with less problems in the future. Mr. Dahlberg stated they are also not being asked to rezone the open air easement, so that portion will retain its C-3 and R-2 zoning. MoTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing for rezoning request, ZOA #88-04, and special use permit request, SP #88-15. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 8:41 P.M. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Rezoning, ZOA #88-04, by Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, to rezone from R-2, Two Family Dwelling, and C-3, General Shopping Center, to R-3, General Multiple Dwelling, on Lots 1 through 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, generally located east of St. Williams Church, subject to the approval of the lot split request. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City � Council approval of Special Use Permit, SP #88-15, by Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, per Section 205.09.O1.C.7 of the Fridley City Code to allow � PLANNING COMMISSION MEETING. NOVEMBER 9. 1988 - PAGE 11 homes for the elderly on Lots 1 through 16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, generally located east of St. Williams Church, with the following stipulations: 1. The applicant shall submit a storm water management plan at the time of building permit application. 2. The applicant shall comply with the conditions of approval for the lot split application. 3. The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment building to be rented to the general public. The covenants shall be reviewed and approved by the City Attorney's office prior to recording. 4. A revised landscape plan shall be submitted at the time of building permit application, containing the following changes: A. Japanese Greenleaf Barberry Hedge along the front parking area shall be installed and maintained at a height of 3-4 feet and spaced at 1 1/2 - 2 feet. � B. All trees shall be balled and burlapped. No tree spaded Evergreens will be permitted. C. Street trees shall have a 2 1/2 inch caliper. The Cranberry trees shall have a 1 3/4 inch - 2 inch caliper and the shrubs shall be either 2 feet in height or in 5 gallon pots. D. In order to accomplish consistent screening along the rear lot line in compliance with Section 205.09.07.B, the applicant shall install one of the three combinations of fencing and landscaping: 1. Install an eight foot privacy fence with five Silver Maples 2. Install a Continuous Spruce Evergreen planting of ten foot trees at 10-15 foot spacing. 3. Install and maintain a hedge at minimum 6-8 feet of Techny Arborvitae, Upright Juniper or Amur Maple spaced at 1 1/2 - 2 feet. 5. The applicant shall install an underground lawn sprinkling system to maintain all lawns and landscaping on the property. 6. All parking areas shall be striped and shall be lined with concrete curb. � 7. Park dedication fees shall be paid at time of building permit application. � PLANNING COMMISSION MEETING, NOVEMBER 9. 1988 - PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Barna, seconded by Mr. Saba, to recommend to City Council approval of Lot Split, L.S. #88-05, by Community Development Corporation for the Archdiocese of Minneapolis and St. Paul, to create a separate parcel from the Norwood Addition to Fridley Park plat to be described as Lots 1 through 16, Block i,and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated alleys. The site totals 121,500 square feet and is generally located east of St. Williams Church abutting 5th Street, with the following stipulations: 1. Submit an easement agreement to be revie�ed and approved by the City Attorney's office addressing the following issues: a. Stating the legal description of the easement b. Prohibiting building construction within the easement. c. Recognizing the existence of the church parking area. d. Allowance of a storm water management pond or other drainage and utility structures. e. Other issues as determined by the City Attorney. � 2. The easement shall be recorded in conjunction with filing of the lot split at the Anoka County Recorder's office. 3. The applicant shall submit a survey of the entire property and provide the legal description for both paracels and the easement after City Council preliminary consideration. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated the City Council date has not yet been established due to the consideration by the City Council on senior housing financial assistance. Mr. Betzold stated no future notices will be mailed to the residents, so he would recommend those interested in attending the City Council meeting contact Barb Dacy in the Planning Department on a regular basis to find out when this will be on the City Council's agenda. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #88-01, BY ONAN CORPORATION: To create Tracts A, B and C from existing l�gal description as � follows: the southeast quarter of Section 12, Township 30, Range 24, all according to the Government Survey thereof, except that part thereof described as follows: A strip of land 100 feet in � PLANNING COMMISSION MEETING, NOVEMBER 9. 1988 - PAGE 13 width lying 50 feet on each side of a line described as commencing at a point on the West line of said southeast quarter; said point being 942.27 feet North of the South quarter post of said Section 12, thence Southeasterly curving to the South by a 29 minute 42 second curve a distance of 1,496.24 feet; thence Southeasterly in a straight line a distance of 1,207 feet to a point on the South line of said Section 12, said point being 125.1 feet West of Southeast corner of said Section 12, and except all that partof the Southeast quarter of Section 12, Township 30, Range 24, lying Southwesterly of a line drawn parallel with and 50 feet Southwesterly of a line described as commencing at a point on the West line of said Southeast quarter; said point being 942.27 feet North of the South quarter post of said Section 12, thence Southeasterly curving to the South by a 29 minute, 42 second curve a distance of 1,496.24 feet; thence Southeasterly in a straight line a distance of 1,207 feet to a point on the So�th line of said Section 12, said point being 125.1 feet West of the Southeast corner of said Section 12, generally located south of 73rd Avenue, east of Central Avenue, north of 69th Avenue and west of Stinson Boulevard. MOTION by Mr. Dahlberg, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and to open the public � hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Castle stated the purpose of this plat is to clear the title for Onan's property by creating separate parcels for the contaminated portion of the site. The assessed value of the Onan property will, therefore, not be affected by the contaminated portion's lower value. Onan is located on approximately 123 acres, south of 73rd Avenue, east of Central Avenue, and west of the City of Fridley/ Moundsview boundary line, and north of Medtronics. Ms. Castle stated the zoning of the property is M-2, heavy industrial. To the north there are residential districts, both R- 2 and R-3, to the east there is a single family dwelling district in Moundsview, to the west there is a variety of districts, both residential (R-3) and industrial (M-1 and M-2). Ms. Castle stated Onan is proposing to subdivide their property into four tracts: Tract A, Tract B, Tract C, and Tract D(a strip along the southern property line). Ms. Castle stated the previous owner of the Onan property was Ontario Paper Company, which operated a telephone pole and railroad �..� creosote treatment facility. That involved a dipping process of railroad ties and telephone poles into creosote vats located on Tract A. The drying process of the poles and ties was located on � � � PLANNING COMMISSION MEETING. NOVEMBER 9, 1988 - PAGE 14 Tract B. The result of this was that portion of the property became contaminated. In 1984, the MPCA required Onan to construct a slurry wall containment system on Tract A, and it is unlikely that Tract A will ever be developed; however Tract B may be developed in the future. All of the tracts, except D, meet the Zoning Code requirements for the M-2 district. That is because Tract D's primary purpose is to supply access to Tract B from Stinson Boulevard. Before issuing a building permit for Tract B, Tract D should be dedicated to the City for street purposes. Tract D contains a 60 foot Northern States Power Company easement which allows it to be used for roadway purposes. If NSP uses this easement prior to the establishment of a street, Tract D could not provide access to Tract B, and staff recommends that Onan dedicate another 60 ft. easement along Tract C to provide access from Stinson Boulevard to Tract B. Ms. Castle stated staff was recommending approval of the preliminary plat with four stipulations. She stated these stipulations were different from the ones listed in the Staff Report. 1. Tract D shall be dedicated to the City for street purposes prior to the issuance of a building permit for Tract B. If Tract D cannot be used for roadway purposes due to an NSP facility on the easement, Onan shall dedicate a 60 ft. easement to the City on Tract C which shall provide access to Tract B. 2. 3. 4. Stipulation #1 and #3 be filed of record. Tract D is unbuildable. A park dedication fee of $60,358 will be charged for Tract B at the time the building permit is issued. Mr. Betzold stated Tract B might not be buildable for a long time, and he did not think they should get locked in on a specific dollar amount for a park fee at this time. The staff agreed, and Ms. Dacy suggested rewording stipulation #4 to read: "A park dedication fee shall be paid at the time the building permit is issued." Mr. Maclay Hyde stated he is the attorney representing Onan Corporation. He stated they have no plans to develop the parcels at this time. To add to the history described by staff, the remedial action at this site was actually ordered by the District Court. The MPCA was a part of that lawsuit and the result was in part an order detailing the remedial action in a very complete way. Tract A is where the on-site containment slurry wall is located that contains the most heavily contaminated area from any � PLANNING COMMISSION MEETING, NOVEMBER 9, 1988 - PAGE 15 � groundwater introduction and also Tract A involves a pump-out of ground water so any contaminated material is separated from the groundwater. It has a cap on it that is carefully designed and installed; and because the facility is installed on Tract A, it would just not be used for any development at all. They cannot disturb that structure. Mr. Hyde stated Tract B is a"French drain area". A French Drain is agricultural tile that takes the ground water and conveys it out into the sewer system. All the contaminated materials on the rest of the site were scraped up and placed under the cap on Tract A. Mr. Hyde stated what they are trying to do is restore all of the property, other than Tract A and Tract B, to as close to the full value as they can for tax purposes. They have a pending tax protest suit with the City and Anoka County District Court. This is a way to try to get the property back on the tax roles. MOTION by Ms. Sherek, seconded by Mr. Saba, to close the public- hearing. UPON A VOICE �OTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 9:10 P.M. Mr. Dahlberg stated if Tract D should ever be utilized for NSP purposes, then he did not think it was clear as to where the access across Tract C to access Tract B would occur. It is not stating access has to be parallel and adjacent to Tract B. It is not saying it cannot be or should not be from the west, north of Tract B, or whatever. He was not sure it was necessary to define that spcifically, but it did seem somewhat nebulous. Ms. Sherek stated in the future when someone comes in with a plan to develop Tract B, that is the proper time to address this. She did not think it needed to be a concern that should be addressed by the Planning Commission at this time. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of Preliminary Plat, P.S. #88-01, by Onan Corporation to create Tracts A, B, C, and D from existing legal description (legal description listed above) with the following stipulations: 1. Tract D shall be dedicated to the City for street purposes prior to the issuance of a building permit for Tract B. If Tract D cannot be used for roadway purposes due to an NSP facility on the easement, Onan shall dedicate a 60 ft. easement to the City on Tract C which shall provide access to � Tract B . 2. Stipulation #1 and #3 be filed of record. ,� PLANNING COMMISSION MEETING, NOVEMBER 9. 1988 - PAGE 16 3. 4. Tract D is unbuildable. A park dedication fee will be charged for Tract B at the time the building permit is issued. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSOAT BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Castle stated this item would go to City Council on Monday, November 21, 1988. 5. CONSIDERATION OF A LOT SPLIT, L.S. #88-06. BY WICRES COMPANIES, INC. To split Outlot B into three separate parcels for future combination to adjacent parcels in the plat of Great Northern Industrial Center, generally located north of 53rd Avenue, east of East River Road and south of I-694. Ms. Castle stated Wickes is requesting approval of a lot split which would divide Outlot B of Great Northern Industrial Center into two separate parcels. The purpose of the split is because Wickes would like to expand their present facility. They currently own property to the north of the outlot and they are interested in purchasing property to the south. This outlot separates both these parcels. By splitting outlot B, Wickes would get part of the split, and that would be combined with the property they are going to purchase. Ms. Castle stated the site is located south of I-694, northeast of 53rd Avenue, and north of Industrial Boulevard. It is located in an M-2 district as is all the property to the north, south, east, and west. Ms. Castle stated originally the outlot served as a railroad easement in the original plat which provided access to the industrial buildings from the Burlington Northern Railroad tracks which are directly to the east. However, this railroad has been vacated along with all the private spurs that served the industrial buildings. Because this property was reserved for a railroad, the outlot does not comply with the M-2 zoning regulations; therefore, staff is recommending that the easterly portion be combined with the Burlington Northern property and the westerly portion be combined with the Wickes property. Ms. Castle stated staff has contacted the utility companies that are currently reviewing whether or not utility easements should be ^ retained over the property. At this time, staff has not heard back from the utility companies. � PLANNING COMMISSION MEETING, NOVEMBER 9. 1988 - PAGE 17 Ms. Castle stated staff is recommending approval of the lot split request subject to three stipulations: 1. Parcel B to be combined with Burlington Northern's property to the south. 2. Wickes Companies, Inc., combines Parcel A with Lots 2- 5, Block 1, Great Northern Industrial Center. 3. Utility easements be reserved on Outlot B if needed. Mr. Jeff Nammacher, Coldwell Banker, and Jamie Stevenson, Wickes, were in the audience. Mr. Bruce Opp, Burlington Northern, stated he questioned stipulation #1. He stated Burlington Northern does have a lead track in Parcel B now, and they would like to retain the lead track because they might need to provide rail service to the property on either side of that strip in the future. Ms. Dacy stated staff would be amendable to adding some language stating, "subject to staff review with applicant and the City Attorney's office��. She stated they would work something out � before the City Council meeting. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Lot Split, L.S. #88-06, by Wickes Companies, Inc., to split Outlot B into three separate parcels for future combination to adjacent parcels in the plat of Great Northern Industrial Center, generally located north of 53rd Avenue, east of East River Road and south of I-694, with the following stipulations: 1. Parcel B to be combined with Burlington Northern's property to the south, subject to staff review with applicant and the City Attorney. 2. Wickes Companies, Inc., combines Parcel A with Lots 2- 5, Block 1, Great Northern Industrial Center. 3. Utility easements be reserved on Outlot B if needed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Castle stated this lot split request would go to City Council on November 21, 1988. � � PLANNING COMMISSION MEETING. NOVEMBER 9, 1988 - PAGE 18 (, RECEIVE OCTOBER 3, 1988. PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Barna, to receive the October 3, 1988, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 7, RECEIVE OCTOBER 6. 1988, HUMAN RESOURCES COMMISSION MINUTES: MOTION BY Ms. Sherek, seconded by Mr. Kondrick, to receive the October 6, 1988, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. g. CONSIDERATION OF 1989 PLANNING COMMISSION MEETING DATES: MOTION by Mr. Rondrick, seconded by Mr. Saba, to adopt the 1989 Planning Commission meeting dates as submitted by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. i"� ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE NOVEMBER 9, 1988, PLANNING COMMISSION MEETING ADJOURNED AT 9:37 P.M. 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