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PL 01/11/1989 - 30693;� � � CITY OF FRIDLEY PLANNING COMMIBBION MEETING, JANQARY 11, 1989 _..__.,____.,,._,.____.._________________..________,._________..__________ CALL TO ORDER• Chairperson Betzold called the January 11, 1989, Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Members Absent: Donald Betzold, Dean Saba, Sue Sherek, Alex Barna, Paul Dahlberg Dave Kondrick Others Present: Barbara Dacy, Planning Coordinator Kathlyn Castle, Planning Assistant Fatma Reda, Islamic Center of Minnesota (See attached list) Planning APPROVAL OF DECEMBER 21 1988, PLANNING COMMISSION MINUTES: MOTION by Mr. Dahlberg, seconded by Mr. Saba, to approve the December 21, 1988, Planning Commission minutes. Mr. Betzold stated that on page 6, first paragraph, he would like to add the following at the end of the sentence: "if the County's plans have already been completed at that time." OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY AND THE MINQTEB APPROVED AB AMENDED. l, PUBLIC HEARING: CONSIDERATIOAT OF A SPECIAL USE PERMIT, SP #88-17, ---�BY ISLAMIC CENTER OF MINNESOTA: Per Section 205.07.01.C.2 of the Fridley City Code to allow a church in a residential district on Lots 1, 2, 3, 4, 5, 6, 17, and 33, Meloland Gardens, generally located at 1401 Gardena Avenue N.E. � � � MOTION by Mr. Barna, seconded by Mr. Saba, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY, AND THE PIIHLIC HEARING OPEN AT 7:36 P.M. Ms. Castle stated the petitioner is requesting a special use permit -1- /"`'� PLANNINa COMMI88ION MEETINa. JANIIARY 11, 1989 to allow a church in a single family dwelling district at 1401 Gardena Avenue N.E. The site is directly north of Totino Grace High School, is located in an R-1 single family dwelling district and is surrounded by R-1. The R-1 district regulations requires that churches meet the standards of the regulations in the CR-1 general office district. She stated the site does meet most of the CR-1 district regulations except for parking and minor site improvements. Ms. Castle stated that in 1986, a special use permit was requested by Church on the Move to allow a church and private school in the R-1 district at this site. This request was approved by the City Council with 15 stipulations; however, the citizens expressed some concerns regarding traffic, parking, and recreational facilities. Of the 15 stipulations, several were regarding the parking situation. One of the stipulations required Church on the Move to sign and record a parking use agreement with Totino Grace High School to use Totino Grace's parking lot on an as needed overflow basis. Totino Grace objected to this request; therefore, the City Council reconsidered the special use permit and eventually denied it. Ms. Castle stated the Islamic Center of Minnesota is a Muslim �^�; religious organization consisting of approximately 250 families. Of these families, about 130 families are from this area. The Center is currently using the site for their Sunday School where about 200 students attend. In addition, they are using the site for other recreational activities. Ms. Castle stated 35 parking spaces are currently provided on the site, and this church requires 166 spaces, based on a 1 stall per 3 person ratio. Because of the shortage, a private parking agreement between Totino Grace High 5chool and the Islamic Center has been executed. The Center is allowed to use Totino Grace's lot on a space available basis, if it does not interfere with the normal classroom activities. There are 260 spaces on the Totino Grace site. Ms. Castle stated other minor improvements that will be needed are the upgrading of the parking lot to meet City Code--sealcoating the lot, installing some curb and gutter, and striping the lot. In addition to that, they are requesting the Center to install a dumpster enclosure. Ms. Castle stated the building will be used for church activities on Fridays, Sundays, and two other holidays during the year. The library and gymnasium will be the designated rooms for the church activities. The library will be used for Friday services, attended �' -2- PLANNING COI�IIdlI88ION MEETING. JANUARY 11, 1989 ,� by approximately 40 people, and the gymnasium will be used on holidays, attended by approximately 400-500 people. Ms. Castle stated staff is recommending approval of the special use permit with six stipulations: 1. A masonry dumpster enclosure with wooden gates shall be installed by August 1, 1989. 2. The property owner shall combine individual lots into one tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor may be exempted). 3. If the agreement between the Islamic Center and Totino Grace High School ceases to exist, the Center shall at that time apply for a special use permit to expand their parking lot to meet the zoning requirements. 4. Church services shall occur in the librazy and gymnasium only. 5. All existing hard surface areas shall be improved with ,�'�, sealcoating, curb and gutter and striping by August 1, 1989. 6. Programmed activities shall not exceed the parking space available on the site and at Totino Grace. In addition, the Center's programmed activities shall not conflict with those of Totino Grace' s which could cause a shortage of parking space. Mr. Betzold stated that in the past there were some questions regarding fee ownership of the property, and he wanted to know if that problem had been solved. Dr. Fatma Reda stated she is a member of the Islamic Center and the community of Fridley. She stated the Islamic Center purchased the former Gardena Elementary School in May 1988. At that time the ownership of the school had already been turned over to Faith Academy. Dr. Reda stated that after purchasing the property, they surveyed the community, both direct and indirect neighbors, and institutions in the community to find out what the sentiments were for the plans the Center had for the school. She stated they had three objectives in mind: ^ —3— ,� PLANNING COMMIBBION MEETING. JANQARY 11, 1989 1. To use the facility as a community school, a religious school such as Sunday School, which has been permitted since they purchased the school. That involves a regular Sunday School running from 11:00 a.m. to 1:15 p.m. This is usually followed by a small prayer. Muslims have to pray five times a day at particular times. This is different in that there is no sermon and there is no minister. Usually people who pray inside the school at this time are ones who have a school business; for example, the children, parents, staff, etc. They can pray in the classrooms or in the library. At this time, they have not needed to use the gymnasium. 2. To expand and serve the community for; for example, community education classes, all kinds of things that would be of interest to all people as Americans. They have had a request from the community for a quality daycare and they are looking into that. There are other organizations that have communicated with them to use the building, and they welcome these requests. Some organizations in the community could use their gymnasium for band practices, cheerleading practices, etc. '�, 3. To use the facility as a church in the technical sense. This involves two things: a. The Fridays. They sent a letter to the neighborhood explaining that since Friday is a workday, practically speaking, they do not expect even 100 people to come for prayer. The present 35 parking spaces would be sufficient for the Friday prayer group of people. b. Two high holidays during the year. One is the month of Fasting (about the middle of April), and one is for the Pilgrimage which commemorates the sacrifice of Abraham (about 2 1/2 months later, toward the end of June). They hope to have more people attending these holidays. Dr. Reda stated that prior to purchasing Gardena School, they rented space in other facilities. Dr. Reda stated they found from reviewing previous history of this property that there has always been a concern about the flow of traffic, safety of the neighborhood, the quietness of the neighborhood, and keeping the atmosphere that way. From the beginning, they have been trying to abide by those concerns and be ^ -4- � PLANNIN(� COI�iIBBION MEETIN�3, JANQARY 11, 1989 � , � /'� a good neighbor. That is why they started looking at alternatives early on. They had looked at expanding the parking lot right away, but that is not practical for them now because of a shortage of funds. The second option was to try and find another site for parking. They approached Totino Grace. Totino Grace was very gracious, and the Board of Directors approved the use of parking with the same stipul�tions recommended by City staff that the use of Totino Grace's lot not conflict with any function of Totino Grace High School. If at any time, the Center's functions conflict with the functions of Totino Grace, the Center will hold their functions elsewhere like they have been doing for years. They do not want to create any problems in the community at all. Mr. Betzold asked if this facility would be in addition to the Islamic Center in Columbia Heights. Dr. Reda stated the Columbia Heiqhts facility was given to them by a family foundation, and they have a permanent lease on that facility to use it for the purpose of worship. There are still quite a few functions that will continue to be held there. Mr. Betzold asked if there were any long range plans for the facility in Fridley. Dr. Reda stated basically they are looking for a place to teach the children and to have some special functions for them. At this time, they do not envision any major changes on the site. She did not know how things would change in future years. They really have a very small Muslim community in the Twin Cities area. Mr. Betzold asked Ms. Reda to give a little more detailed account of what type of activities would be going on at the facility. Dr. Reda stated there are no functions at the facility Monday through Thursday. They have a volunteer director who comes in a couple of hours each day to take care of the mail and other business. The main function of the Center is on Sundays with the Sunday School. Last summer they had some athletic activities for the Youth Club on Saturdays also. They have a soccer field and a baseball field, and they would like to have more of those activities next summer. Dr. Reda stated the daycare center would be a non-religious daycare open to the public. They are still in the process of surveying the community to see if there is a real need. She stated if they decide to have a daycare center, that requires a special use permit also, so it is a different issue. -5- PLANNING COMMI68ION MEETING. JANQARY 11, 1989 �� Mr. Mohmoud Abdel Rahman, 6717 Washington Street N.E., stated he is a pharmacist, and has lived in this neighborhood for over two years. Before that he lived in Columbia Heights. He is married and has two children who attend Sunday School at the school in Fridley. Before that, they went to the Islamic facility on 41st and 7th Street in Columbia Heights. Mr. Rahman stated he was at the meeting to support this request and to ask the Planning Commission to recommend approval. He stated the Islamic community is a peaceful people, and they just want to worship God in their own way and live in harmony with others in the community. It is the only outlet for their children and for them to practice their belief in God. It is a time when they can socialize with their brothers and sisters in the Islamic faith. He stated he was speaking on behalf of not only himself and his family, but for his brothers and sisters who live in Fridley who could not be at the meeting because of employment commitments. Mr. Betzold stated that in the agenda (page 1-M) was a letter from Margaret J. Knudson, 1322 Hillcrest Drive N.E., dated January 3, 1989, who stated that she could not attend the Planning Commission meeting, but would like to tell the Planning Commission that she would prefer to have the facility remain as a school. She was also � concerned about the loss of the wetland to the rear of the property. MOTION by Mr. Barna, seconded by Ms. Sherek, to receive Ms. Knudson's letter dated January 3, 1989, into the record. IIPON A VOICE VOTE, ALL VOTIN(3 AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. A representative from the Islamic Center stated he would also like the Commission members to receive another letter into the record from Ms. Knudson dated December 28, 1988, addressed to the Islamic Center. In this letter, Ms. Knudson thanked them for cleaning up the building waste that was thrown on their land recently. More trash had been thrown in the same area, but she and the City inspector felt it was not the Islamic Center that was doing the dumping, and she thanked the Islamic Center for their helpfulness. MOTION by Mr. Saba, seconded by Mr. Dahlberg, to receive Ms. Knudson's letter dated December 28, 1988, into the record. IIPON A VOICE VOTE, ALL VOTINC3 AYE � CHAIRPER801d BETZOLD DECLARED THL MOTION CARRIED IINANIMOIIBLY. Mr. Jim McLaughlin, 1050 Gardena Avenue, stated in the past he had �` -6- � PLANNIN�3 COMMI88ION MEETINa. JANIIARY 11, 1989 raised the questions: (1) What is the impact of the additional traffic on Gardena Avenue, particularly at the intersection of Gardena and Central Avenue? and (2) What is the City doing to control traffic at that intersection? Mr. McLaughlin stated he realized these two questions do not specifically relate to this special use permit, but he hoped these two issues would be studied before the City Council acts on this special use permit. Dr. Reda stated they have tried to ask their people coming from the east (about 40�) to come from the east and the people coming from the west (about 60�) to come from the west to avoid everyone entering and exiting Gardena Avenue at Central Avenue from the same direction. Those coming from the east can use Silver Lake Road and then over. She stated they are also trying to organize things so that people will not all arrive at the same time. Since May they have been trying to do these things, and their Muslim community has been very cooperative in trying to prevent congestion all at one time. Mr. McLauglin stated he has not noticed any significant traffic since the Islamic Center has had ownership of the school. It was � just something he would like addressed whenever something like this special use permit comes up. Councilmember Schneider stated the concern about traffic at Gardena and Central Avenue is a separate concern from this special use permit. However, the Council did ask staff to do a traffic count at that intersection. That was done about a month ago, and the County has indicated that the results do not warrant any stoplights at that intersection. Dr. Rasheed Khan, 1455 North Innsbruck Drive, stated he is a physician and has lived in Fridley for more than 14 years. He wanted to express his feelings as to what the Center can do for his family and its members. Because of the Columbia Heights facility, his children received proper guidance and education in their religion. His son is now a teacher at the Center in Fridley. This Center has tremendously helped his family and other members of the Muslim community. The essential part of their religion is the Friday afternoon prayers and the two major holidays during the year. The Center will be very helpful for the Islamic community, especially for future generations. Mr. Dave Sallman, 6061 Woody Lane N.E., stated he had no objection to what has been proposed so far. However, if there is a parking lot, what are the requirements for egress and ingress? Was it � -7- PLANNIN(3 COMMIBBION MEETINa, JANUARY 11. 1989 ,� possible that access could go through the site to the west onto Hillcrest? He realized this was a different special use permit, but it was something that would be needed at some point in time. Ms. Dacy stated she was sure access to Gardena Avenue would have to be maintained. There is not much room, but access onto Hillcrest would be routing traffic back through the neighborhood; and it was her initial assessment that was something that would not be necessary. It was something staff would have to study at the time. Mr. Ed Kaspszak, 1317 Hillcrest Drive N.E., stated he would like an additional qualification that a special use permit for any expansion of the parking lot must be conditioned upon 2/3 approval of the property owners in the neighborhood affected by the expansion. That way the property owners can decide whether it is something they want or not. He felt that it was very difficult for a governmental unit to say "no" once the Center has been there for awhile and has become established. Staff could essentially say now that the special use permit for parking expansion would be approved. The fear the property owners have is the fear of more traffic. r� Mr. Kaspszak stated also a parking lot, in terms of the wildlife in the area, would require an action higher than the City Council, and that is the State of Minnesota. ,� Mr. Kaspszak stated one of the problems, not with the building itself, but with the property is that the Islamic Center has not controlled the weeds. The weeds got very bad last summer. He had called the City twice and the weed inspector twice and had gotten no action. He had finally called Councilmember Schneider who said he would take care of it, and still nothing happened. Not it is winter, but the problem is still going to be there in the spring. Dr. Reda stated they realized the weeds were a problem. She stated they purchased the property in May and by the time they got moved in and did some cleaning up of the property, it was already well into July. One of their members, who is a professor of weed science at the University of Minnesota, did some spraying. She assured the neighbors that the weed problem was on their agenda for taking care of in the spring. Mr. Kaspszak stated that, other than the weeds, the Islamic Center people have been good neighbors. Mr. Betzold stated that regarding the wetlands concern, he did not know if the area was large enough for the Department of Natural �:� PLANNINa COMMISSION MEETING. JANIIARY il. 1989 �'�1 Resources to be interested; but it was something the City would have to address at the time. He did not know if it was legal for the Planning Commission to impose a stipulation like the one suggested by Mr. Kaspszak. The Minnesota Supreme Court has addressed the issue of essentially governing bodies, elected or appointed, to make decisions abdicating their responsibility over to neighbors to make the decision. The Supreme Court has struck those practices down and has said it is the responsibility of the elected or appointed officials to make. Mr. Kaspszak stated he would like a legal opinion from the City Attorney on this issue. Mr. Betzold stated they can certainly call this to the City Attorney's attention and have a legal opinion available at the City Council meeting. Mr. Scott Nelson, 1314 Hillcrest Drive N.E., stated he owned the property next to the northern end of the access lot part of the property. He was mainly concerned if there was a parking lot expansion, could a driveway go through that part of the property? If so, he would be against it. Regarding stipulation #2 which said the property owner shall combine the individual lots into one tax ,� parcel with the possible exclusion of the buildable lots abutting Hillcrest Drive and Oakwood Manor, he would like to see those lots definitely excluded. It would make it easier for those lots to be converted into or sold as single family lots in the future. Mr. ATelson stated he had also called City Hall about the weed problem and had gotten no response. He was also concerned about the wetlands. Ms. Olga Palmer, 1329 Gardena Avenue N.E., stated the letter the neighbors received from the Islamic Center said the Center wanted to have Sunday School and church services on Friday, yet they are worshipping on Sunday. Does the special use permit cover church services seven days a week, or does it address specific days? Some limits should be set. Ms. Dacy stated the scope of the special use pernait is to allow the Center to conduct a church activity. The applicant has indicated there will a Friday afternoon prayer service, as well as two special occasions during the year. Staff has structured the recommendation for approval to the Planning Commission such that they did not specify exact days and times. It is structured to basically limit the amount of people who can use the facility for the church services by parking. This is to allow flexibility for the applicant if there is a change in times or if they want to have � -9- PLANNIN(� COMMIBBION MEETIN(3, JANUARY 11. 1989 � a church service on another day other than Friday. Staff's main concerns are the traffic impacts and the site improvements, and staff has made recommendations to control these concerns. Any other stipulations beyond that are up to the Planning Commission and City Council. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BTTZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. Mr. Saba stated he attends a church one block away from the Islamic facility in Columbia Heights and these people are very good neighbors. He did not know of anyone who has had any problems with the facility or the people. The proposed use by the Islamic Center for the Gardena School facility was certainly better than some of the things that have been proposed in the past. He would strongly support the special use permit, and he would like a legal opinion at the City Council regarding Mr. Kaspszak's request. Mr. Dahlberg stated that regarding stipulation #2 referring to the two parcels of property on Hillcrest and Oakwood Manor, would the -� petitioner object to having the words "may be" changed to "shall be"? Dr. Reda stated they would be agreeable to that change. Ms. Sherek stated that in view of the history of this site and the comments from the neighbors, she would like a stipulation that addresses the weed problem. This property has been neglected for some time and needs some attention. She would suggest August 1, 1989, as a deadline for having the weed problem taken care of. Dr. Reda stated they would be agreeable to that stipulation. MOTION by Mr. Saba, seconded by Ms. Sherek, to recommend to City Council approval of Special Use Permit, SP #88-17, by the Islamic Center of Minnesota, pursuant to Section 205.07.01.C.2 of the Fridley City Code to allow a church in a residential district on Lots 1, 2, 3, 4, 5, 6, 17, and 33, Meloland Gardens, generally located at 1401 Gardena Avenue N.E., with the following stipulations: 1. A masonry dumpster enclosure with wooden gates shall be installed by August 1, 1989. 2. The property owner shall combine individual lots into one �1 -10- PLANNINa COMMI88ION MEETIN�3. JANQARY 11. 1989 � tax parcel, as requested by the City Assessor (buildable lots abutting Hillcrest Drive and Oakwood Manor shall be exempted). The wording change is subject to a legal opinion from the City Attorney. 3. If the agreement between the Islamic Center and Totino Grade High School ceases to exist, the Center shall at that time apply for a special use permit to e}cpand their parking lot to meet the zoning requirements. 4. Church services shall occur in the library and gymnasium only. 5. All existing hard surface areas shall be improved with sealcoating, curb and gutter and striping by August 1, 1989. 6. Programmed activities shall not exceed the parking space available on the site and at Totino Grace. In addition, the Center's programmed activities shall not conflict with those of Totino Grace's which could cause a shortage of parking space. ,�"� 7. The property owner shall take care of the weed problem by August 1, 1989. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Betzold stated this item will go to City Council on January 23. Mr. Betzold stated he would like to express the Commission's appreciation to the neighbors for their kind attention and for their patience during this public hearing. Dr. Reda stated that on behalf of the Islamic Center, she would also like to thank the neighborhood. She stated the neighborhood has really made them feel welcome. People have been stopping by and giving them encouragement, and they really appreciate that. 2. REVIEW OF 1989 CDBG PROGRAM: Ms. Dacy stated that this was an information item, but she would be happy to pass on any comments the Planning Commission members might have to the City Council. 3. BRICKNER PROPOSAL. CENTRAL AVENLTE: �' -11- � PLANNINa CONII�iI�BION MEETIN(�i. JANQARY 11, 1989 Ms. Dacy stated this was an information item only. The City Council has directed staff to encourage the Brickner brothers to have a neighborhood meeting prior to an application for a multiple family structure at this location. Ms. Dacy stated, secondarily, she would like the Commission ta comment on the proposed Land Use Study for the Central Avenue Corridor. As the Commission members were aware, there is a hodge- podge of zoning districts and uses, and staff feels a Land Use Study would be consistent with the Commission's previous direction to be pro-active and make any recommendations for a redevelopment plan of the types of uses they would like to see along the Corridor. Mr. Dahlberg stated Central Avenue used to be a major thoroughfare and is no longer that and should not be encouraged to be one. He stated he thought it would be useful to have a Land Use Study done from Rice Creek Road all the way to Osborne along Central Avenue. Ms. Sherek stated if staff knows how many units are going,to be proposed, it might be important to have a traffic study done'also. Traffic is a big concern in this neighborhood. ^4. LIGHT RAIL TRANSIT UPDATE: Ms. Dacy stated that at the last meeting, the Planning Commission set a special meeting for January 18th to discuss light rail transit. After contacting Tim Yantos of Anoka County to invite him ta the meeting, it was brought to her attention that January 18th conflicted with an LRT Advisory Committee meeting. However, Mr. Yantos and Dick Wolsfeld of BRW can attend a February lst meeting. Ms. Dacy stated that after talking to Mr. Yantos, it appears that they can incorporate the Planning Commission into a useful process- -and that is the preliminary engineering phase. She also stated she wants Anoka County to address the question of how that is going to affect future planning decisions, and what the impacts are going to be along the routes and at the station locations. Mr. Dahlberg stated Councilmember Billings has asked him if he would be interested in attending the January 18th LRT Advisory Committee meeting at Spring Lake Park City Hall. He stated he does plan to attend the meeting. Ms. Dacy stated staff has also invited Councilmember Billings, Scott Lund, and John Flora to the Feb. 1 special Planning Commission meeting. '� -12- PLANNINa COMMI86ION MEBTIN(3. JANUARY 11, 1989 � 5. RECEIVE DECEMBER 8 1988 HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Barna, seconded by Ms. Sherek, to receive the December 8, 1988, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. ADJOURNMENT: MOTION by Mr. Dahlberg, seconded by Mr. Barna, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared the January 11, 1989, Planning Commission meeting adjourned at 9:0o p.m. Res ectfully submitted, .o Ly e Saba Recording Secretary � �� -13- � ,�, :j � ` � . �! 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