Loading...
PL 04/25/1990 - 30718�"'�, r-� � CITY OF FRIDLEY PLANNING COMMI88ION MEETING, APRIL 25, 1990 MNtiM.YMw�YwMNMMMMIY�YMMMMMNIr�Y�Y�YIrIr�Y,YMNA►N�YIY�wMwMNM�YM�YMMMM�Y�YM�YMIrNIrMMMMMMM CALL TO ORDER: Chairperson Betzold called the April 25, 1990, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Members Absent: Don Betzold, Dave Rondrick, Dean Saba, Sue Sherek, Paul Dahlberg Alex Barna Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Jock Robertson, Community Development Director Leon Madsen, City Assessor William Burns, City Manager Steve Billings, Councilmember Tom Schuette, UCD Scott Erickson, UCD Dave Koski, Barton-Aschman Associates Kate Kemper, 7857 Alden Way N.E. Phyllis Forsberg, 1404 West Danube Road Roger and Myra Hanson, 6065 Central Avenue N.E. (See attached lists) APPROVAL OF APRIL 1_1. 1990. PLANNING COMMISSION MINUTES• MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the April 11, 1990, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. l. PUBLIC HEARING: CONSIDERATION OF A REZONING ZOA #90-02 BY URBAN COMMERCIAL DEVELOPERS AND FRIDLEY TOWN SOUARE ASSOCIATES: To rezone three separate parcels as follows: Lot 9, Block 2, Rice Creek Terrace Plat 1 from R-1, Single Family Dwelling, to S-2, Redevelopment District, the same being 355 Mississippi Street N.E.; AND Lot 12, Block 3, Rice Creek Terrace Plat 2 from R-1, Single Family Dwelling, to S-2, Redevelopment District, the same being 368 - 66th Avenue N.E.; AND Lots 10, il, and 12, Block 2, Rice Creek Terrace Plat 1, except the South 30 feet thereof, according to the recorded plat thereof PLANNING COMMISSION MEETING. APRIL 25, 1990 PAGE 2 � on file and of record in the office of the County Recorder, Anoka County, Minnesota, and Lots 13, 14, 15, and 16, Block 3, Rice Creek Terrace Plat 2, according to the recorded plat thereof one file and of record in the office of the County Recorder, Anoka County, Minnesota, from R-1, Single Family Draelling, and C-1, Local Business, to S-2, Redevelopment District, the same being 6525 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THT MOTION CARRIED IINANIMOIIBLY AND THE PIIBLIC HEARINd OPEN AT 7s35 P.M. ' Ms. Dacy stated this item was originally scheduled for the March 14, 1990, Planning Commission meeting; however, two primary concerns were identified by the neighbors at the two neighborhood meetings, and by members of the HRA and the City Council. Those two concerns are: (1) The use itself--the proposed rezoning; and (2) Traffic issues. Ms. Dacy stated the vacant single family lots north of the 10,000 Auto Parts building and the two single family homes to the east of ^ the 10,000 Auto Parts building are zoned R-1, Single Family. The 10,000 Auto Parts building and property is zoned C-1, Local Business. The rezoning request is to rezone all those parcels to S-2, Redevelopment District, in order to construct a one-story 28,000 sq. ft. retail building. The S-2 district is a district for redevelopment projects and permits site plan flexibility for a redevelopment project. If the Council approves the rezoning, the Council's approval is based on a specific site plan. Mr. Robertson stated Center City Redevelopment District, which was adopted in 1979, is one of several in the City of Fridley. In 1979, the City Council made findings that there were severe traffic and safety problems with the existing layout of the entire district, that the land north of 10, 000 Auto Parts had not been intensely developed because of severe access and traffic problems, small land area, and the location of abutting single family area. The Redevelopment Plan noted that the land area had several proposals for redevelopment, but because of the traffic problems and small land area and location, each application has been denied. Mr. Robertson stated that since 1979, the Fridley Office Plaza, Target Northwest Operations Center, and the Fridley Plaza Clinic have been constructed. There was also the renovation and expansion of the Holly Shopping Center. However, this original 2.4 acre site has remained essentially the same before 1979 due to the land ownership patterns and the traffic patterns that prevented any � redevelopment of the site. In the meantime, the County has purchased access easements on this parcel, and the Minnesota PLANNINa_COMMI88ION MEETINa. APRIL 25, 1990 PAaE 3 ''� - - Highway Department has purchased access easements on University Avenue. Mr. Robertson stated that in an attempt to develop this intersection in accordance with the proposed plan, the HRA considered the impact of this particular redevelopment proposal on other potential redevelopment in the southwest quadrant. Mr. Robertson stated that at the April 18, 1990, meeting, the HRA concluded that for both of these proposals it would be appropriate for some mixed use of residential office and retail. The HRA concluded that if there were commercial development on this corner, there would probably still be a mixed use on the 10 acre southwest corner, but there would tend to be less retail and a higher proportion of office or residential in the southwest quadrant. At the conclusion of the meeting on April 18, the HRA recommended approval of the UCD redevelopment plan based on the site plan for this parcel. Mr. Robertson stated the HRA discussed the question that was raised earlier about how the proposed retail facility would affect existing retail in the area. The developer presented their view based on their experience. Essentially, this is a situation where there has been no retail development, with the exception of the � small expansion of the Holly Center, in this area for 30-40 years. In the meantime, the City has grown in this area. When the southwest quadrant is developed, there may be less retail in the future, because the retail that is there may be displaced by other office or housing uses. Mr. Robertson stated Walgreen is the proposed anchor tenant, using 11,000 sq. ft. of the 28,000 sq. ft. The remaining 17,000 sq. ft. will be added to the retail stock of the City. Staff believes this is a relatively small amount of retail to add to the existing stock of retail centers. Mr. Robertson stated the HRA found the redevelopment proposal primarily intended to serve both as a neighborhood facility and to take advantage of the existing traffic on University Avenue. The petitioners feel this facility will not significantly compete with the other shopping center that is nearing completion at Moore Lake Commons. Mr. Robertson stated HRA Chairperson Larry Commers noted that the proposed project is a modern facility which may attract existing tenants from other less desirable centers around the area. Another existing center in the Center City Redevelopment Area is Moon Plaza, which is probably at the end of both its functional and design life. �"1 Mr. Robertson stated the HRA approved this particular redevelopment - plan. They recommended staff initiate preparation of a pay-as-you- PLANNINa COMMI88ION MEETING. APRIL 25. 1990 PAaE 4 �� U - go tax increment financing to the proj ect in which the proj ect will be assisted with approximately $300,000 that will essentially come from the taxes that the project pays after it is completed. There is no up-front money and essentially no risk to the public for financing. The purpose of the financing is to assist in the assembling of the various pieces of land and to write down those land costs so that the land costs of this project are comparable to other existing open sites. The differential in the taxes that would be paid on this site compared to what are paid now is in the neighborhood of a 4 or 5 to 1 ratio. The taxes that are presently paid on this proposed site are approximately $17,500, payable 1990 taxes. The most minimum tax revenue, using the worst case approach, the income approach based on the rents of competing retail centers in the area, indicate there would be a minimum of $84,000 a year. Ms. Dacy stated that despite the fact that the S-2 district does not stipulate any setbacks, staff approached the site design analysis to try to accomplish as much of the standards as would be typically required if this was a vacant piece of property and the entire property was zoned C-1. There are only two instances where the site plan does not meet those standards. (1) The building on the University Avenue side has a setback of 30 feet instead of the required 35 feet; (2) Typically, parking lots have to be set back � 20 feet from the public right-of-way. Along Mississippi and 66th Avenue, the setback is 15 feet, and along University Avenue, the setback is 5 feet. However, the proposed application does meet the screening standards required by ordinance, which is a 15 foot planting strip with some type of 6 foot screen, either a fence or dense vegetation. In this case, the petitioner is proposing a 6 foot masonry wall matching the exterior of the building to be located along 66th Avenue and then along the east lot line separating the development from the two single family homes to the east. Around the wall will be plantings of Boston ivy and lilac bushes (5 ft.). She stated that staff is recommending six additional Linden trees along 66th Avenue. Ms. Dacy stated that as far as the LRT issue, the Commission members had received a copy of a letter from Tim Yantos, of the Anoka County Regional Rail Authority, who notes that this site is part of the LRT design system plan. In the letter, Mr. Yantos related the following: (1) If this site were to be developed, the initial phase for LRT use would be that Mississippi Street would have a special bus drop-off located near the intersection and that the site would, in effect, operate as a��kiss and ride�� as opposed to a"park and ride"; (2) If it is determined that the demand in this area warrants it, Mr. Yantos is requesting that an easement be reserved along Mississippi to install additional 30 parking spaces for a small park and ride facility; (3) As a final phase, if demand warrants it and as a long term option, the County would r"', be looking at acquiring homes on the north side of the development �- on the north side of 66th as well as 67th for a park and ride PLANNINa COMMI88ION MEBTINa. APRIL 25. 1990 PA�E 5 !°� - - facility. Access to the park and ride facility would be from the driveway into the development, and the driveway would have to be widened in the northeast corner of the site. At this time, there is no indication that there would be any direct access from the park and ride to the neighborhood, nor would staff recommend that. Ms. Dacy stated she would like to introduce Dave Koski, Barton- Aschman Associates, whose office conducted the traffic impact analysis from this development onto the existing roads, as well as the impact onto Mississippi and University Avenue after Anoka County�s proposed improvement project. Both Mr. Koski's staff and City staff conducted traffic counts during various times during the last month to determine the existing traffic conditions. Mr. Dave Koski stated they conducted observations of all turning movement traffic count on the afternoon of April 10, 1990. They wanted to test the worst case during the P.M. peak hour which is basically from 4:30 p.m. to 5:30 p.m. Next they wanted to determine what kind of traffic this development would generate. They have conducted surveys of centers similar to this throughout the metropolitan area. In addition, the Institute of Traffic Engineers has collected data on traffic generation by various size developments around the country. �,.� Mr. Koski stated that using a combination of their own traffic generation figures plus nation-wide statistics, they calculated what they thought would be the traffic generation and the entry and exit volumes for this center during the P.M. peak hours. Mr. Koski stated that in both cases with the existing traffic conditions, they came up with a level of service D. Traffic level of service is rated on a scale from A(perfect) to F(failure), C is average, and D is considered acceptable. Level of service D really means that all the traffic clears the traffic signal phasing in each cycle. Level D is not perfect. It means if there is something that goes wrong (snowfall, accident, etc.), there can be intermediate congestion at times. The existing level of service at the University/Mississippi is level D, and with the added traffic from the shopping center, the level of service remains at D. The volume of traffic doesn't have much impact on traffic operations at this intersection. Mr. Koski stated they wanted to know how the eastbound left turn from Mississippi Street into the shopping center could work. They were interested in the longest backup of traffic to enter the site during the peak hour period with the existing traffic plus the shopping center traffic. The calculations indicate that the longest backup within that P.M. peak hour period would be about 280 feet. The distance from University Avenue to the driveway of the shopping center will be 340 feet. They found there would be !1 sufficient gaps in the Mississippi Street traffic to allow the eastbound left turn in to operate basically a level service A. PLANNING COMMISBION MEETING. APRIL 25, 1990 PAGE 6 � -- _- They do not see any problem with the left turning movement into the site with the existing street configuration. That will be improved somewhat with the improvements proposed by Anoka County for Mississippi Street. Mr. Koski stated, similarly, the left turn out of the site on eastbound Mississippi Street seems to work alright. If there is any backup that occurs at all, it would be within the shopping center site waiting to turn left. They calculated that backup at the peak period to be about three vehicles. Mr. Koski stated they also looked at the intersection at 5th Street and Mississippi. They determined there would be some delay, but it would not be significant and really doesn't have any impact over what exists today. Mr. Koski stated Barton-Aschman's conclusions were that, assuming the worst case scenario, of all the traffic being new traffic during the P.M. peak hour, that the impact of the entry and exit operation into the shopping center would not have significant impact on the University/Mississippi intersection traffic operations, and that Mississippi Street is able to accommodate the left turn into the site from eastbound traffic without little or no impact on Mississippi Street. � Mr. Dahlberg stated that even though the traffic report does not �� take into consideration potentially added traffic due to the LRT in the future, could Mr. Koski make a guesstimate as to whether or not that impact would adversely affect the level of service D rating on this intersection, taking into account that there are smaller vehicles as well as buses. Mr. Koski stated the LRT is obviously going to have an impact. They did not consider the LRt in their findings. They did review with the consultant some of their ideas as to what the amount of traffic might be. At this point in time, the consultant has a wide range of figures as to how many people might park and what the entry and exit movements might be during the peak hour. Total entry and exit traffic could be as high as what they calculated for the shopping center itself. However, they think it is mitigated by the fact that P.M. peak hours would mostly be exiting traffic and would be later than the 4:30 - 5:30 p.m. peak hour. A video tape presentation was shown facing west on Mississippi Street toward the University/Mississippi intersection. The video tape was filmed on Monday, April 23, 1990. Mr. Leon Madsen, City Assessor, stated he was asked to make comments on the Assessing Department's reactions on this rezoning. He stated there are two criteria they use to determine what to do �"'� in a situation like this. They first need to look at the accepted �- appraisal practice. That practice says that if an informed buyer PLANNINa COMMI88ION MEETINa, APRIL 25, 1990 PAGB 7 /'\ - has the choice of two identical properties, one next to commercial and the other within a compatible neighborhood, the buyer will more than likely choose the property located in the compatible neighborhood, if the price is the same. Mr. Madsen stated the other process is a practice they have followed in past years. Throughout the City in locations similar to this, they have consistently placed a lower value on the properties that abut or are located directly across from commercial development or commercially zoned property. In this particular case, if the rezoning takes place within the area marked, the City will probably reduce the property values of the properties that abut the 10,000 Auto Parts property. Mr. Madsen stated that properties that back up to Holly Shopping Center have property values about $2,500 lower than those homes across the street. These neighborhoods are quite similar, and the property values are similar. The City is looking at a reduction of approximately $2,500 in property values for the three properties and one property facing 66th Avenue to the east of the proposed development, if the rezoning goes through. Mr. Betzold stated that if the County changed its position and decided this property would be ideal for a park and ride, and the ,.� entire property became a parking lot, what kind of tax base would there be? Mr. Madsen stated he had not done any analysis of that scenario. There is no other similar situation in Fridley. There are other park and ride facilities throughout the Twin Cities, but he would hesitate to make any kind of projection at this time. Mr. Dahlberg asked if the assessed value of those six residential properties decrease the same amount, more, or less intuitively if this was a park and ride lot rather than a retail center. Mr. Madsen stated that, again, he has not studied that scenario at this time; however, it might be appropriate to do so. Ms. Dacy stated that given the recommendation of the HRA that this project is compatible with the redevelopment plans for Center City, because of the positive conclusion from the traffic analysis, and because the proposed site design meets a majority of the City's standards and screening requirements, staff recommends the Planning Commission approve the rezoning request from C-1 and R-1 to C-2, Redevelopment District, subject to the following stipulations: 1. The development shall be constructed in accordance with site plan dated March 8, 1990, as represented in ZOA #90- 02. ^ PLANNING COMMI88ION MEETINa. APRIL 25, 1990 PAGE 8 ^ - 2. The landscaping plan shall be revised to include: a. six American Lindens along the north lot line; b. Honey Locust trees shall be replaced by Hackberry trees; c. Annabel Hydrangea species shall be replaced with rosa rugose. 3. The petitioner shall pay park dedication fees prior to issuance of the building permit. 4. Storm water management calculations shall be submitted prior to issuance of the building permit. 5. All rooftop equipment shall be screened from view from the public right-of-ways. 6. The petitioner shall obtain development contract approval from the HRA. 7. The petitioner shall execute a maintenance agreement for the landscaping and parking areas. � 8. No automotive service uses, car sales, or other outdoor repair/display uses shall be permitted. 9. The City shall have the right to review each use within the center to determine whether or not it is consistent with the intent of the Center City Redevelopment Plan. 10. The site plan shall be revised to provide one 18 foot entrance lane and two 12 foot exit lanes. 11. Shared parking and access easements shall be provided on the property for LRT kiss-and-ride traffic, and specifically along the east and south lot lines. 12. Al1 lighting shall be shielded such that the glare does not adversely affect residential properties. 13. All parking and driving areas shall be lined with concrete curb. 14. All dumpsters shall be screened in accordance with the City�s ordinance. 15. Underground irrigation shall be provided to landscaped areas. �, PLANNINa COMMI88ION MEETINa, APRIL 25, 1990 PAGE 9 � - � 16. A comprehensive sign plan for free-standing and wall signs shall be submitted for review and approval by the City Council. Mr. Tom Schuette, UCD, stated the center is a 28,000 sq. ft. building intended to be a neighborhood service retail center. It is designed to service a 1-2 mile population. It is not intended to bring people from distances farther than that. Some of the proposed uses in mind are the Walgreen Store and other neighborhood service type uses such as dry cleaning, hair salon, movie rental, Chinese restaurant, framing gallery, small furniture store-- services aimed at uses which the local community would frequently use. They feel the University/Mississippi intersection has long been identified as an area that needs to be revitalized, yet not much has happened. Mr. Schuette stated that in addition to the Walgreen store, they would have 17,000 sq. ft. of retail space. That would be 5-6 shops. Holly Shopping Center is approximately 75,000 sq. ft. Moore Lake Commons is over 100,000 sq. ft. This 17,000 sq. ft. of new retail after such a long period of time with no new retail in this area is a mild and appropriate development. Mr. Schuette stated he knows the City is very concerned about the �,.� southwest quadrant. They have estimated that the southwest quadrant has 30,00-40,000 sq. ft. of retail space today. Redevelopment on the southwest quadrant certainly could include at least that much retail without fattening the market of retail space. In the event the southwest quadrant is developed without a retail component, the intersection would see a net loss of retail space, even with the addition of their new center. Mr. Schuette stated the proposed a first class neighborhood shopping center that will continue to be attractive and well maintained and a service to the community. Mr. Betzold stated the Commission has received petitions filed by the neighborhood. It would be in order to receive these petitions. MOTIOPT by Mr. Kondrick, seconded by Mr. Saba, to receive Petition No. 1-1990 and Petition 2-1990 signed by people opposed to the proposed 28,000 sq. ft. retail shopping center at the northeast corner of University Avenue and Mississippi Street. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Betzold stated he would like to go through the items of concern expressed by the those who had signed the petition, and he asked for Mr. Schuette's reaction to each one. � r"1 PLANNINa COMMI88ION MEETINa. APRIL 25. 1990 PAGE 10 (1) It requires the removal of two existing homes and the erection of a towering concrete wall along the perimeter of the property. The sheer magnitude of the wall would be an eyesore to residents in adjacent homes and would create resident concern about maintenance of a graffiti-free wall. Mr. Schuette stated they have a great deal of concern about the wall and the immediate 6-7 neighbors. Throughout the process, they have felt that the proposed wall would be the most acceptable solution to the neighbor's concerns. Most of the oral comments he has heard have not referred to a"towering" wall. Some have even said the wall is too low. He stated the wall will be built of the same attractive block as the shopping center. The color of the block goes all the way through the block, so any graffiti can be sandblasted off. They feel a 6 ft. high wall is best, and with the expanded center 15 feet, they now have the ability to add some berming in front of that wall in that 15 feet. To put a shorter wall on top of a berm defeats some of the safety issues about children. (2) We recognize the fact that an underground sprinkler system is to be installed, but that alone does not assure that the grounds will be well manicured. � Mr. 5chuette stated a maintenance requirement is one of the stipulations. It is in their best interest and in the interest of their retailers to maintain that landscaping professionally. They expect to do that. ( 3) The same type of retail shops as are being proposed on the 10,000 Auto Parts site already exist at Holly Center just across the street. Additional retail is not necessary in such close proximity to Holly Center. Mr. Schuette stated that it is their opinion that additional retailers are not necessary; however, he would think everyone would agree that not all their retail shopping needs are met on the corner of Mississippi and University. If a similar shop exists in Holly Center, it is nothing more than fair competition and the normal evolution of a growing community. (4) Residents are concerned about the negative impact increased traffic along Mississippi Street will have on the safety of children walking to and from Hayes School and on the increased potential for accidents and bottlenecking due to the stacking of cars making a left hand turn into the shopping center from the eastbound lane on Mississippi Street. Mr. Schuette stated Mr. Koski addressed many of the actual traffic flow concerns. It is Mr. Koski's expert opinion that there will ^ not be a traffic problem. As far as the children walking to Hayes School, the shopping center will not be located between the homes � � � PLANNING COMMI88ION MEETINa. APRIL 25, 1990 PAGE il and the school. Again, he has to rely on experts and City staff who believe this proposal will not create a danger for the children. (5) Many residents in the neighborhood abutting this proposed development have resided in their homes for years and years. They take pride in their immediate neighborhood and consider their residential area to be much more than just a home on a street in Fridley. Mr. Schuette stated that, obviously, the homes in this neighborhood are nice, and they want to maintain the quality of their neighborhood. Personally, he felt the existing use of the 10,000 Auto Parts property is unattractive, and they want to bring in a shopping center that is as compatible as possible to the neighborhood. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive a letter dated February 23, 1990, from Diane and Peggy Hanson, 365 - 66th Avenue N.E., stating they are opposed to the rezoning request. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. James Thayer, 377 - 66th Avenue, asked who is going to maintain the right-of-way area 15 feet back from the curb to the property line on both sides of the street. Mr. Dahlberg stated he believed the City requires any property owner within the City limits to maintain to the curb line, so it would be the responsibility of this development to maintain all the way to the street. Ms. Dacy stated that is correct, and they can ensure that through the maintenance agreement. Mr. Lyle Olson, 376 - 66th Avenue, asked if the tax base remains the same whether or not there are tenants in the shopping center. Mr. Madsen stated part of the appraisal process is to assess the income flow from the property, and the vacancy rate is an important factor of that process. As the property rents up, the City will be monitoring that and will adjust the values for that rent-up period which typically lasts about 3 years. iiopefully, they will be able to settle in on a vacancy rate that is typical in the market. They will be looking at what the typical shopping center of that size in Fridley or even a little bit larger area are experiencing in terms of vacancy. So, if the center does have some extreme vacancy rates, the City will have to reluctantly change the tax base. PLANNING COMMI88ION MEETINa, APRIL 25, 1990 PAGE 12 � - Mr. Thayer asked Mr. Madsen if he had some vacancy percentages on Holly Center, Moon Plaza, and other centers in the City. Mr. Madsen stated Fridley has a decent ongoing record of vacancies in retail centers. They try to check them out on an annual basis. The vacancy rate right now is about 10-15�. Mr. Thayer asked what Mr. Madsen considered the average life of commercial property in Fridley. Mr. Madsen stated he thought the renovation turn around is about 10-15 years, but that varies. Ms. Brenda Tibbetts, 421 Mississippi Street, stated she did not feel City staff has addressed the traffic problems correctly. They are looking at cars, not pedestrians. They see children trying to run across Mississippi Street to the library and across 5th Street to Mississippi to go to Holly Center. There are no crosswalks or stop sign at the corner of 5th and Mississippi. A better time to video traffic would have been 3:30 - 4:30 p.m. Why wasn't the video taken farther back from 7th Street or 5th Street? Again, why wasn't the pedestrian issue addressed? Ms. Dacy stated the concerns that staff heard from the neighborhood � meeting was the amount of stacking on Mississippi would block the traffic going into and out the site. So, they wanted to observe exactly how far back the queue would occur on Mississippi. People were concerned that drivers would rear end or back into people wanting to turn left into the site. The video showed that a majority of time the left hand lane was clear of traffic and the majority of the traffic was in the right lane. As to the time, 4:30 - 5:30 p.m., the consultant has stated that is the peak hour for shopping center activities, as many people combine a shopping trip on their way home from work. Mr. Koski stated that as far as pedestrians are concerned, they did count pedestrians. There is no question that at times, it is difficult to cross Mississippi Street without the benefit of a traffic signal. They don't think the shopping center will have any significant impact on pedestrian crossings. Ms. Louise Bennethum, 368 - 66th Avenue, stated they have lived in their home for 32 years. She stated this is the best proposal they have seen in that 32 years. She lived there before either Holly Center or Red Owl (a former tenant of the 10,000 Auto Parts property). She stated that over the years, she has put up with rats, smells, trespassing, snowmobiles through the yard, trash, noisy vehicles, etc. They have put up with all this, because their neighbors have voted down every other proposal that has been made for this property. She has checked with people across the United /1 States who have a Walgreen Store in their neighborhood, and she has not received one negative response. She stated she wanted her n PLANNINa COMMI88ION MEETING� APRIL 25. 1990 PAGE 13 neighbors to realize that they have not lived next to these lots and next to this horrible building and the things she just mentioned. It is now time not to have to bear this anymore, and they are in favor of this proposal. Mr. Marbolez, 355 Mississippi Street, stated he agreed with Ms. Bennethum. The 10,000 Auto Parts store is an eyesore, and there definitely should be some consideration given to remodeling or rezoning this property. Mr. Clinton Tibbetts, 421 Mississippi Street, stated the traffic on Mississippi Street backs up past his house. He and wife have a daycare in their home, and they have seen cars almost run the children over at 7th and Mississippi. He stated they do not need any more traffic. They do not need another retail center. Holly Shopping Center is just across University, and Moore Lake Commons is only a mile away. If all the existing centers have a 10-15% vacancy rate, then put the new retail shops in the 15� that are already empty. He agreed that the 10,000 Auto Parts site should be remodeled into something, but not another retail space. Mr. Betzold encouraged anyone in the audience who opposed the rezoning request to tell the Commission what they would prefer to see on this site. � Ms. Pat Anderson, 367 - 67th Avenue, stated it was her understanding from listening to City staff that the light rail transit issue was to be a kiss and ride and then maybe several years down the road, there might be the need for a park and ride. She stated late that afternoon, she had a conversation with Tim Yantos from Anoka County, and he had told her that the proposed light rail system will go in within 3-4 years, but that they will only wait approximately one year before deciding whether or not they need the park and ride. She stated she sees this whole issue tied to the light rail issue. If they go ahead with this development, it precludes them from using the existing space for a park and ride; and then houses on 66th Avenue and 67th Avenue would have to be removed. Ms. Dacy stated she had spoken to Mr. Yantos on Thursday, April 19, and had received a letter from him dated April 19. She had not spoken to him since that time. Mr. Thayer stated that he is opposed to this proposal. He stated the plan as submitted is marginal in that the developer already recognizes the need for additional space. That is the reason for purchasing and rezoning the two single family lots adjacent to the property. It is just moving the problem to the next neighbors, and it will just keep continuing until the whole block is gone. This proj ect is not going to do a thing for the neighborhood, except its �"1 downfall. It also concerned him that the plan did not quite meet - the standards required by the ordinance. PLANNING COMMISSION MEETING APRIL 25, 1990 PAGE 14 /�1 Mr. Thayer stated this is a difficult area to d�velop. It is a very small area which is part of the problem. Mr. George Meisner, 373 Mississippi Street, stated his objection to the proposal is that he believes it is an inappropriate development for the needs of the neighborhood. Holly Center is right across the street. Everything proposed for this site is already available either at Holly Center, Moon Plaza, or Rice Plaza. He, too, questioned the traffic surveys done. The surveys were done on Monday and Tuesday, and he did not think those were the worst days of the week from a traffic standpoint. A better view of the traffic might have been done on a Friday afternoon. Last year, when Anoka County was using Mississippi Street as a bypass for I-694, the traffic was miserable. Subsequent to that, the traffic has not been so bad; however, there are many days when he comes home from work that he is not been able to turn left into his property going east without waiting for the traffic to clear. This indicates to him that the traffic is worse than that indicated by the study. Mr. Meisner stated some type of senior housing might be a suggestion for part of the property. He stated the LRT should be strongly considered in conjunction with any development on this ^ property. He thought a park and ride facility would really benefit the City of Fridley. Ms. Janet Thayer, 377 - 66th Avenue, stated she would like to see some type of community park on this corner that could be enjoyed by everyone in the City of Fridley. Ms. Marilyn Sullivan, 522 - 66th Avenue, stated she lived a little outside the immediate neighborhood. She stated she has grown up in Fridley. She would like to raise her family in Fridley. She stated she has some problems with this proposal and rezoning request: 1. The LRT issue. The idea of possibly removing eight residential homes in the future was unconscionable. Even removing two homes is unthinkable. 2. There is the possibility that 10 homes would be removed. These people have paid a lot of taxes in the City of Fridley, they are close to fine schools, yet this development would eliminate those homes. She believed these neighborhoods should remain strong and viable, which means holding back on developments that are not residential. 3. It was the direction of the Planning Commission in the ''� 80's to preserve affordable homes, and now why are they - committing themselves to redevelopment that was proposed � PLANNING COMMI88ION MEETING. APRIL 25, 1990 PAGE 15 back in the 70's? It might have been desirable back then, but it is not now. 4. The increased traffic is a problem, and she had not heard anything about a pollution control study or impact. 5. Noise has to be a serious consideration. 6. With the extended turn lane and the road line being so close, the privacy and quality of life is being reduced, which is also supported by the lower tax value on some of these homes. Ms. Sullivan stated they do not need a Walgreen Store. They have a Snyder Drug Store which is a Minneapolis-based chain, and she would hate to see it go out of business by Walgreen which is an out-of-state chain. They should keep the neighborhoods intact. They should not have development encroaching upon them and potentially downgrading their quality of life. She thought the citizens of Fridley deserve priority treatment. Mr. Madsen stated he wanted to clarify that vacancy rates in themselves are not entirely unhealthy situations for a shopping center, because it does provide space for additional new and fresh ^ tenants. The vacancy rates in Fridley in the existing shopping centers are fairly typical of vacancy rates in the local area. Ms. Holly McGregor, 355 - 66th Avenue, stated she is opposed to the shopping center because of the traffic. She agreed that the traffic is heaviest on Friday and Saturday, not on Monday and Tuesday when the traffic study and video were done. Mr. Lowell McGregor, 355 - 66th Avenue, stated he is opposed to the shopping center. He did not want to see them consider any development on this site until they know more about the LRT, because his home is one of the ones that would be removed for a park and ride. Mr. Ellsworth Hinz, 384 - 66th Avenue, stated 66th Avenue is one of the best streets in Fridley and let�s keep it that way! Ms. Brenda Tibbetts, 421 Mississippi Street, stated their property values are going to go down. If the LRT is a big issue, then they should just put in the park and ride lot. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIHLIC HEARING CLOSED AT 9:90 P.M. � PLANNING_COMMISSION MEETINQ APRIL 25, 1990 PAGE 16 ,� - - Mr. Kondrick stated this property is an eyesore now, and he had to believe that this proposal would certainly be an improvement over what is there now. What concerned him the most was the light rail issue. Mr. Betzold stated he has also been troubled by the LRT issue ever since they first discussed it quite awhile ago. He was concerned that the City has made a strong commitment to try to develop this whole area, and he did not think that the existing 10,000 Auto Parts building is doing the neighborhood any good or the City any good. His first reaction was, why do they need another shopping center? Part of this property has been zoned commercial for many years. This is the center of the city. The problem is that the developer who developed this property 30-40 years ago could not have possibly foreseen the development and the traffic of today. Unfortunately, a park would not be economically feasible for the City, and residential is also not realistic for this corner. The wild card, of course, is the LRT. Mr. Betzold stated the Planning Commission strongly encouraged the County to look away from Columbia lce Arena as a park and ride site because of poor access to it and had recommended the County look at the corner of Mississippi/University. This is now a golden opportunity for the County to step in and acquire this property for ^ a park and ride while there is the opportunity. The worst thing that could happen is to put a shopping center in now and then have the LRT come in later and need more space and tear out homes. Mr. Betzold stated that from a tax base standpoint, maybe it is not in the City's best interest to build a parking lot, but he thought they should take the advantage now and acquire the land for a park and ride. If a park and ride does not go in, the property would be available and maybe there will be a good proposal. For right now, they are just hemmed in with 30 years of development that the City can't control and the neighborhood has grown up around it, and they might be trying to put too much onto this small piece of land. Mr. Saba stated there are some very positive benefits from a development such as this. One problem is with the elderly and children trying to cross University to shop at Holly Center. A development of this type would resolve that problem. However, he is also very concerned about the light rail issue. It is really stymieing development in the City. He would not want to see 6-8 homes taken because this was developed into a retail center with light rail coming through. It is unfair to the neighbors to tear out existing homes and replace them with a brick wall, even though the developer will try to make it look nice with plantings. He would like to see a Walgreen Store go into this area, but with the rest of the shops, it just makes too big a development for this i"� small piece of property. For these reasons, he would vote against the rezoning. �''� PLANNING COMMISBION MEETING� APRIL 25. 1990 PAGE 17 Ms. Sherek stated she agreed with Mr. Saba. The Commission has struggled a number of times over the last few years about the issue that the value of the land in Fridley is so high and the cost of building and developing is so high, that there the need to cost every square inch the City will allow on a piece of property in order to make that piece of property financial feasible for development. She feel this property is probably being overdeveloped for its size, given the present proposal. Ms. Sherek stated that the Planning Commission has also been looking at the LRT issue for quite some time. The Commission indeed did direct the County to look at this corner for a park and ride. She was not sure that a park and ride was the most wonderful thing for this corner, but light rail is certainly coming, but it would be preferable to see a park and ride on a lot that is already essentially a parking lot that would be upgraded, as opposed to taking homes (to which she is opposed). For those two reasons, the overdevelopment of the property and light rail transit coming in later which might force the taking of homes, she would vote against the rezoning also. Mr. Dahlberg stated he is disappointed in the Anoka County Rail Authority in its lack of response to this whole issue. He agreed � with what has been said by the other Commissioners relative to the LRT. One of the other aspects of LRT that the Commission has advocated is that as part of any possible station location that would occur at this intersection, there would also be constructed a pedestrian bridge over University Avenue. He thought that opportunity still exists. He had some concerns about the proposal as presented. He thought the setback requirements being eased, specifically on Mississippi Street and University Avenue, are a little difficult to deal with, primarily from the standpoint that if the 15 ft. setback along Mississippi Street is acceptable, an easement for LRT parking will also have to be provided, with the possibility that additional parking spaces would be constructed along Mississippi Street which would bring the setback down to 5- 10 feet from the curb. He did not like the idea of all that pavement and concrete, especially at this intersection. Mr. Dahlberg stated he has visited and shopped at the Calhoun Center that the developer has constructed and owns. It is a very nice center. The company has done a nice job with their properties. The center is maintained, and that center is leased 100%. Mr. Dahlberg stated he is a little concerned about the additional truck traffic to the service drive around the back of the building and dumpsters that are located in back. He stated this is a good project, and it would be well suited to this site if the LRT � question was not a concern. But, it is a concern; and he felt it might be prudent for the Commission to try to resolve the issue of � PLANNINa COMMI88ION MEETING. APRIL 25. 1990 PAGE 18 the LRT before making a recommendation for the development of this property for commercial/retail use. Mr. Dahlberg stated the neighbors have responded both positively and negatively to the idea of a park and ride lot; and it is his interpretation that the neighbors would rather see a park and ride lot than a retail center. MOTION by Mr. Saba, seconded Ms. Sherek, to recommend to City Council denial of rezoning request, ZOA #90-02, by Urban Commercial Developers and Fridley Town Square Associates to rezone three separate parcels as follows: Lot 9, Block 2, Rice Creek Terrace Plat 1 from R-1, Single Family Dwelling, to S-2, Redevelopment District, the same being 355 Mississippi Street N.E.; AND Lot 12, Block 3, Rice Creek Terrace Plat 2 from R-1, Single Family Dwelling, to S-2, Redevelopment District, the same being 368 - 66th Avenue AT.E.; AND Lots 10, 11, and 12, Block 2, Rice Creek Terrace Plat 1, except the South 30 feet thereof, according to the recorded plat thereof on file and of record in the office of the County Recorder, Anoka County, Minnesota, and Lots 13, 14, 15, and 16, Block 3, Rice Creek Terrace Plat 2, according to the recorded plat thereof one file and of record in the office of the County Recorder, Anoka County, Minnesota, from R-1, Single Family Dwelling, and C-1, Local Business, to S-2, Redevelopment District, ^ the same being 6525 University Avenue N.E. IIPON A VOICE VOTE, RONDRICR VOTING NAY, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED. Ms. Dacy stated that on May 7, the City Council will set the public hearing for May 21. Everyone will be renotified of that meeting. Chairperson Betzold declared a 15 minute break at 10:00 p.m. 2. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P.S. #90-02. MICHAEL SERVETUS 2ND ADDITION BY KATE KEMPER FOR THE MICHAEL SERVETUS UNITARIAN SOCIETY: Being a replat of Outlot A, Michael Servetus Addition, to create four separate lots, generally located at 980 - 67th Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY AND THE PIIHLIC HEARING OPEN AT 10:15 P.M. Ms. McPherson stated this request is being made by Kate Kemper and Phyllis Forsberg who are co-chairing the building committee for the °"� Michael Servetus Unitarian Church. The plat is just one of three requests that are interrelated. The Planning Commission will also � PLANNING COMMISSION MEETINa. APRIL 25, 1990 PAGE 19 - consider a vacation of an existing street right-of-way and a special use permit for a church expansion in R-1 zoning. Ms. McPherson stated the property is located approximately at the what would be the intersection of Oakley Drive and 67th Avenue. The first Michael Servetus Addition was platted in 1973. At that time, eight lots were created, four which abut 68th Avenue, and four which abut 67th Avenue. At the same time, right-of-way for 67th Avenue was dedicated, although 67th Avenue is not extended within the right-of-way at this time. Ms. McPherson stated the proposed plat will create three single family residential lots adjacent to the 67th Avenue right-of-way and will create one lot of approximately 47,000 sq. ft. for the church expansion. In addition, the City is requesting that 60 feet of right-of-way be dedicated to preserve any future extension of Oakley Drive. This is relation to potential future Minnesota Department of Transportation (MnDOT) projects which will occur in conjunction to the improvement of Highway 65. These potential projects include the closing of the median crossing at 63rd Avenue and 73 1/2 Avenue. At the same time, within their five year capital improvement plan, MnDOT is planning to upgrade the intersections at 73rd Avenue and Mississippi Street. ^ Ms. McPherson stated the Mississippi Street improvement will include the improvement of the signals at Mississippi/Highway 65, construction of a median on the left side of the intersection. If MnDOT completes the median construction, this will prevent any access from people traveling southbound on Brookview to access Mississippi Street to go eastbound. The City Council could decide not to use the right-of-way if it is determined that this entire neighborhood can leave the area by other means. However, if the City Council decides to connect Oakley Drive with 67th Avenue, it would serve three purposes for the City: (1) It would provide two means of access into and out of the neighborhood, especially in emergency situations where one street becomes blocked. (2) It would provide easier maintenance. A through street is easier to plow than two cul-de-sac streets. (3) It would complete the overall traffic pattern for the neighborhood. Ms. McPherson stated that if the City Council deems it is not necessary to preserve the right-of-way, they could choose to vacate the right-of-way, and there would then be the opportunity to create an eighth lot within the vacated right-of-way. Approximately 15 feet from the park land would be needed to allow the lot to meet '� the minimum lot width. ''� PLANNING COMMI88ION MEETING� APRIL 25, 1990 PAGE 20 -- Ms. McPherson stated that in addition to the street issues, the utilities in the area will be installed to serve the three proposed residential lots. The water main in the area will be looped within the Oakley Drive right-of-way and through 67th Avenue. This will prevent a stagnant water line and will provide water feed from two directions for the new houses. In addition, sewer services will be installed to serve both the three new lots and the four lots previously platted in 1973, and 67th Avenue will also be extended within the existing right-of-way to serve those new lots. � r--� Ms. McPherson stated that within this area, there is an issue of peaty soils. Staff has records of soil borings from 1958 and 1967. Within the areas where there might be future houses, there is between 2-5 feet of peat. Staff is recommending there be restrictive covenants filed against the three new lots in order to provide information to future buyers that there might be increased costs in building homes on these lots because of soil correction measures that will be required. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the P.S. #90-02 with four stipulations: 1. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit ($4,500 total). 2. The petitioner improvements (67t sewer extension). shall petition for the proposed h Avenue extension, water main loop, 3. The vacation request, SAV #90-01, be approved. 4. Restrictive covenants regarding the need for soil correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus, 2nd Addition. Mr. Saba stated this area is a wetland area. Why isn't environmental assessment statement needed? Ms. Dacy stated the amount of lots to be created is below the threshold required by the Minnesota Environmental Quality Board. Staff realizes that there are poor soils on the site. To the west First Western Development, as part of their wetland mitigation requirement for their development at 85th Avenue, is proposing to create a wetland in Meadowlands Park. The City originally approved a plat for eight lots in 1973. Staff has determined that the creation of three additional lots is not going to have an adverse impact as far as the environment is concerned; it is more of a "buyer beware�� situation in that the buyers must be aware that they will have to correct the soil problems prior to building homes. � n n PLANNINa CONIl�lI88ION MEETINa� APRIL 25, 1990 PAGE 21 Mr. Saba stated the Comprehensive Plan talks extensively about protecting the wetlands, and the creation of three more lots in a wetland area is a concern ta him. Ms. Sherek asked what impact a through street would have on Meadowlands Park. Ms. Dacy stated that cars going by on a street would not significantly impact the wetland. The street would be well outside the ordinary high water mark of the wetland that First Western is considering. The other impact would be the run-off. Bad soils would have be removed and replaced with good soils and the area resodded and revegetated so it would be a one time intrusion if the street is constructed. Mr. Saba stated he is concerned that the City has lost enough wetland areas in its natural state. And, now is another wetland area that will be disrupted, and he had problems with that. Mr. Betzold asked if the petitioner had any problems with the stipulations. Ms. Kemper stated the stipulations were acceptable to them. Ms. Sandy Peterson, 6790 Brookview Drive, asked how the storm sewer system would be assessed. Ms. Dacy stated the storm sewer system will be constructed to handle the run-off from 67th Avenue and from the parking lot for the expansion of the church and the development of the three new lots. Any utilities which directly benefit abutting properties are the ones assessed. Mr. Arthur Medeck, 6770 Brookview Drive, stated he is on the corner of Brookview and 67th Avenue. He was concerned about whether he would be assessed for the storm sewer system. Ms. Christine Gerrety, 1051 - 67th Avenue, stated they have already paid for a storna sewer system. Ms. Dacy stated she would be glad to check and see if any of the homeowners on 67th Avenue would be assessed �for the storm sewer system. Dr. Ken Vos, 990 - 68th Avenue, stated one month after he moved into his home in 1974, the church wanted to assess all eight lots in that first addition for a storm sewer. A public hearing was held, and the neighbors convinced them not to do that. So, he did not think they ever were assessed for a storm sewer system. Dr. Vos stated that regarding the lot directly behind his house on 67th, the reason the lot did not sell is because there is the need PLANNING_COMMISBION MEETING. APRIL 25, 1990 PAGE 22 � - � for a lift station for sewer, so there is the concern about how much it is going to cost to develop this land. Dr. Vos stated when he built his home, he had a buildable clause in the contract. By the time, he finished building, he had dug out 19 feet of peat, so 5 feet of peat might be a minimum. Dr. Vos stated he felt this plat request is directly tied together with the vacation request. The reason the church wanted to put the lots in like that is to keep Oakley Drive open. He would recommend the Planning Commission not recommend approval of this plat. He just did not think this is the best plat for this property. Mr. Dahlberg asked if any other arrangement for a plat had been considered. Ms. Kate Kemper stated that their architect, the City, and other experts have concluded that this is the best arrangement to maximize the best use of the property. This is not only the best way to arrange the pieces, but also the only economical way, because of the bad soil conditions. Mr. Betzold agreed that because the plat request and vacation request are tied so closely together, they should also discuss the ^ vacation request during this public hearing on the plat. - 3. CONSIDERATION OF A VACATION REOUEST SAV #90 O1 BY KATE KEMPER FOR THE MICHAEL SERVETUS UNITARIAN SOCIETY: To vacate Oakley Drive as dedicated in the plat of Michael Servetus Addition, generally located west of 980 - 67th Avenue N.E. Ms. McPherson stated this vacation request is to vacate the Oakley Drive cul-de-sac (or bubble) that was originally dedicated within the 1973 Michael Servetus addition. The vacation will eliminate the extra pie shape, should the proposed Oakley Drive dedication be platted over it. This will allow the church to use the standard 90 degree angle lot at that corner, instead of having the "bubble" of right-of-way. By vacating the cul-de-sac, they can dedicate new right-of-way as an extension of the existing Oakley Drive right- of-way. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of this vacation. Procedurally, the vacation would be recorded by the County prior to the recording of the plat, should be plat be approved. Mr. William Doyle, 6551 Oakley Drive, stated the neighbors applaud the Michael Servetus Church on their efforts to upgrade their property. However, the neighbors� significant opposition to the �^� plan focuses on one aspect, and that is the plan to extend Oakley � Drive. Mr. Doyle presented to the Commission a petition stating PLANNINa COI�IISSION MEETINa� APRIL 25. 1990 PAGE 23 � __ that Oakley Drive not be extended as requested by the Michael Servetus Unitarian Society. He stated this petition was signed by the residents on Oakley Drive, residents on Brookview Drive, and relative residents on Mississippi Street. � Mr. Doyle stated it had not been too many years ago when the City of Fridley was interested in extending Oakley Drive. At that point in time, the residents unanimously opposed that plan. He believed they were opposed then for the same reasons they are opposed to the extension now, and he believed they would be opposed to any extension in the future. Mr. Doyle stated the primary issue is the extension of Oakley Drive because of the potential impact to their residential environment. Their primary concern is that if the street is extended approximately 50 feet, that would dramatically increase the probability that at a future time the street would be extended all the way to the cul-de-sac at 67th. Mr. Doyle stated the neighbors� concerns include the following: 1. The resulting increase in traffic will dramatically change the neighborhood of Oakley Drive. Those who are currently living there purchased the property because of the quiet environment and cul-de-sac or dead end street. The fundamental nature that is important to them and their environment would be lost. 2. They believe that the increased traffic that will result would lower the value of their properties. Again, they purchased their properties because of that fundamental nature of the neighborhood; and when that fundamental nature is changed, the pool of potential buyers for these properties shrinks, and the end result is the property values go down for this particular neighborhood. 3. Their street is currently 30 feet wide. That meets the minimum standard in the City of Fridley. Currently, if there is a car parked on either side of the street, there is not enough room for two-way traffic. So, if the traffic increases dramatically, they predict that at some point in time there will then be the need to widen Oakley Drive. Because of their front yard setbacks, this again would have a very negative impact on their environment. Mr. Doyle stated they feel that the above changes are significant and that there are no positives that would come out of extending Oakley Drive. Consequently, they are opposing the extension of Oakley Drive, even though they would like to see the church �"`� property upgraded. If an extension of oakley Drive is required, !"'� � PLANNINa COI��iISBION MEETING. APRIL 25, 1990 PAGE 24 the door will be opened much wider for a future extension of Oakley Drive to 67th Avenue. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive Petition No. 4-1990. IIPON A VOICE VOTE, ALL VOTIN(�i AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Jerry Burns, 6530 Oakley Drive, stated he is mainly concerned about the increased traffic if Oakley Drive is extended. Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that about five years ago, the City tried to open up Oakley Drive, and the neighborhood was opposed to it. They are now back again with the same argument. This is really not buildable land, and the neighborhood should not have to put up with more grief than they already have. He would like to see the church upgraded, but leave Oakley Drive alone. He suggested the church use Lot 3 as a driveway back to 67th Avenue. He did not want the church accessing onto oakley Drive. Mr. James Tauer, 6430 Oakley Drive, stated that looking at the amount of peat that would have to be removed and the fact that this r.,,� is a wetland area, he did not think it was practical for the City T to pursue any kind of extension of oakley Drive. Ms. Diane Miller, 953 Mississippi Street, stated that if Oakley Drive does go all the way through, who would pay the taxes for the widening and improvements? Ms. Dacy stated the reservation of the 60 ft. right-of-way is basically preserving options for the City Council to take. If it is determined that the Council wants to connect the two cul-de- sacs, they will have an assessment hearing to determine the benefitting properties. At this point, that analysis has not been done. Mr. Doyle stated he did not think it is very astute to assess homeowners who are radically opposed to the extension. He did not see how the City Council can even consider the extension as a feasible alternative. MOTION by Ms. Sherek, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, AI,L VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY AND T8E PIIBLIC HEARING CLOSED AT 11s05 P.M. �"� Mr. Saba stated he has problems with abandoning the City's right- - of-way. He agreed that it does create problems and disrupt the PLANNINa COMMI88ION MEETINa. APRIL 25. 1990 PAGE 25 ,,,,,� - - existing neighborhood on Oakley Drive. There doesn't appear to be any easy solution. He is not totally against the replat, but he did have some problems with it and would have to vote against the vacation request. Mr. Kondrick stated he would also vote against the vacation. Ms. Dacy stated that if the Planning Commission recommends to deny the vacation request to vacate the cul-de-sac, the cul-de-sac is still there. But, if the Planning Commission recommends to approve the plat, there would still be a reserved right-of-way and a cul- de-sac. So, there could possibly still be a street connection with or without the vacation. Mr. Dahlberg agreed. He stated the plat could occur without the vacation and allow the church access from 67th in the street right- of-way, if that is something the church representatives would be willing to accept. It would allow them to plat, get their three single family lots, have access to their property over a City right-of-way, and not make it necessary to extend Oakley Drive to 67th Avenue. So, the Commission has to look at these two requests in the order presented to them--first the plat, then the vacation. Ms. Sherek suggested that in the stipulations recommended by staff ,� for the plat, they should delete stipulation #3: "The vacation _ request, SAV #90-01, be approved." They should then add a stipulation that says: "Access to the church parking lot will be from 67th Avenue." Mr. Saba stated he is still concerned about the fact that any time soil corrections are made, funny things happen to the filtering of water and the flow of water. He would like to see the church be able to make their improvements, and he had no major problems with the plat, but he just did not like to see wetlands disturbed. Ms. Dacy stated that if the Commission's action is to recommend the driveway within the proposed street dedication area, then staff would recommend a stipulation that the petitioner work out an agreement with the City as far as liability and maintenance of that driveway. • Mr. Dahlberg stated he thought maybe there is a compromise that can be reached relative to access to the church property from 67th Avenue rather than from Oakley Drive to the south. However, he saw more value in connecting Oakley Drive to 67th Avenue than not, especially in light of the median construction proposed on Mississippi Street. Not necessarily from the standpoint of allowing the neighborhood to have access to Mississippi Street and T.H. 65, but from the standpoint of allowing emergency vehicles to get to residents more quickly. �^�, �, n /"1 a� PLANNINa COMMI88ION MEETING� APRIL 25, 1990 PAGE 26 Mr. Doyle stated that Jackson Street is two blocks to the west of Oakley Drive, and it goes north from Mississippi to 67th Avenue. Ms. Sherek stated she thought they need to reserve the right-of- way but find an alternative means for access. Ms. Kate Kemper stated that the church cannot afford to put in a driveway from 67th Avenue. It is a long piece of property, and it has bad soils. Access from Oakley Drive to the south is much shorter. Mr. Dahlberg stated that legally the City cannot deny the church access to Oakley Drive because their property fronts on the public right-of-way. Mr. Betzold stated that Mr. Dahlberg certainly raised a valid point that because the church fronts public right-of-way, it would be pretty difficult for the City to deny them access. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of Preliminary Plat, P.S. #90-02, Michael Servetus 2nd Addition, by Kate Kemper for the Michael Servetus Unitarian Society, being a replat of outlot A, Michael Servetus Addition, to create four separate lots, generally located at 980 - 67th Avenue N.E., with the following stipulations: 1. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit ($4,500 total). 2. The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). 4. Restrictive covenants regarding the need for soil correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus, 2nd Addition. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to recommend to City Council denial of Vacation Request, SAV #90-01, by Kate Kemper for the Michael Servetus Unitarian Society, to vacate Oakley Drive as dedicated in the plat of Michael Servetus Addition, generally located west of 980 - 67th Avenue N.E. IIPON A VOICE VOTE, BETZOLD DOTING NAY, CHAIRPER30N BETZOLD DECLARED THE MOTION CARRIED. PLANNINa COMMISSION MEETINa� APRIL 2S. 1990 PAGE 27 �", — �- 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #90-05, BY KATE KEMPER FOR THE MICHAEL SERVETUS UATITARIAN SOCIETY: Per Section 205.07.01.C.(2) of the Fridley City Code to allow the expansion of a church in a residential district, on Outlot A, Michael Servetus Addition, generally located at 980 - 67th Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLAR�D THE MOTION CARRIED AND THE PIIBLIC BEARING OPEN AT 11:25 P.M. Ms. McPherson stated the Michael Servetus Unitarian Society is proposing to extend their existing facility. In addition to the church expansion, the church is planning to construct a 50-car parking lot which will form an "L" around the buildings, and they are proposing to relocate the access to Oakley Drive from 67th Avenue. Ms. McPherson stated the relocation of the driveway will impact, instead of approximately six homes as it does now on 67th Avenue, approximately 10 homes on Oakley Drive. Since the church has a � small membership of approximately 43 members, the potential Sunday service traffic which occurs at 10:30 a.m. will be minimal. � Approximately 20-30 cars would use Oakley Drive to get to the church. They are proposing to expand the sanctuary from its current seating of 54 to approximately 84. Ms. McPherson stated that in addition to the Sunday services, they do have occasional evening meetings during the week at which 2-3 cars may be in the parking lot. They sometimes rent their facilities for weddings, funerals, etc. Ms. McPherson stated the petitioner has submitted a landscape plan to which staff has recommended some minor changes. Staff has recommended that a grading and drainage plan be approved in order to ensure that there is adequate detention and retention on site of stormwater. The relocation of the access to the church will be an impact; however, it will be a minimal impact as the church is not a very large entity within the neighborhood, and the proposed expansion of the church will improve and enhance the existing building. The parking facilities will be more than adequate to handle the proposed use of the site. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the special use permit request with two stipulations: � l. A grading plan shall be submitted prior to the issuance - of a building permit. � PLANNING COMMI88ION MEETING. APRIL 25. 1990 PAGE 28 2. The revised landscape plan shall be submitted prior to the issuance of a building permit. Mr. Dahlberg stated that since the Planning Commission recommended denial of the vacation request, that cul-de-sac remains in its existing state; therefore, any proposed modifications in terms of the parking lot will have to meet setback requirements to the cul- de-sac. That means the plan as submitted does not conform. Ms. McPherson stated that is correct. The plan will have to be modified in order to meet the zoning code requirements. Mr. Dahlberg stated it is possible to make those modifications with some minor adjustments. They could eliminate a few parking spaces and still access the cul-de-sac in the same location. Ms. Kemper stated she thought they would be comfortable with that. She stated it is their desire to make the sanctuary handicapped accessible, more Sunday School space and fellowship space, preserve the historic part of the building, and make their building more attractive. She stated they have a membership of 43 families so the impact in terms of traffic will be minuscule. r,� Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that it seems their petition is not even being considered. The church is being � allowed to do whatever they please, and the church does not even pay taxes. Who will pay for the extension of Oakley Drive to their property? Ms. Kemper stated the church will be paying for the water main loop and the extension to Oakley Drive. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE PIIBLIC BEARING CLOSED AT 11545 P.M. Mr. Dahlberg stated he felt it is impossible for the City to not allow a property owner to access a street if the property fronts on a public right-of-way; however, he would still encourage them to consider access from 67th Avenue. With some minor modifications to the parking lot, they can meet the setback requirements. The neighbors did seem to be in favor of the church making improvements, and he saw this as a definite improvement to the overall neighborhood. He stated he thought the Michael Servetus Unitarian Church will continue to be a good neighbor, and he could see no reason to deny the special use permit. ,� - Mr. Kondrick stated he agreed with Mr. Dahlberg. PLANNING COMMI88ION MEETING. APRIL 25, 1990 PAGE 29 ,� Mr. Betzold stated it is regrettable that this special use permit had to get wrapped up in some other issues. He stated the Michael Servetus Church has certainly been a good citizen�of Fridley, and he would vote to recommend approval of the special use permit. MOTION by Mr. Dahlberg, seconded by Mr. Kondrick, to recommend to City Council approval of Special Use Permit, SP #90-05, by Kate Kemper for the Michael Servetus Unitarian Society, per Section 205.07.01.C.(2) of the Fridley City Code to allow the expansion of a church in a residential district, on Outlot A, Michael Servetus Addition, generally located at 980 - 67th Avenue N.E., with the following stipulations: 1. A grading plan shall be submitted prior to the issuance of a building permit. 2. The revised landscape plan shall be submitted prior to the issuance of a building permit. 3. The site plan be modified to reflect the requirements for parking setbacks and number of parking stalls as required by City code. � IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPER80N BETZOLD DECLARED THE MOTION CARRIED ONANIMOIISLY. Ms. Dacy stated that on May 7, the City Council will establish a public hearing for the plat, vacation, and special use permit for May 21, 1990. 4. CONSIDERATION OF A LOT SPLIT REOUEST L.S. #90-01 BY ROGER AND MYRA HANSON• To split off the southeasterly 90 feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a separate single family lot, generally located at 6065 Central Avenue N.E. Ms. McPherson stated the petitioners are requesting that approximately 94 feet of Lot 8, Block 2, be split off to create a buildable single family lot. The property is currently zoned R-1, Single Family Dwelling, and there is an existing single family home on the lot. Mr. and Mrs. Hanson reside in this home at the present time. The new lot will front on Woody Lane. Ms. McPherson stated that there are some drainage issues staff has asked the petitioners to consider, and they have submitted a preliminary drainage plan. The existing lot changes dramatically in topography across the width of the lot and across the depth of the lot. Staff is concerned with the drainage issue for the new lot on Woody Lane, as the run-off from the new dwelling unit will /'� impact the adjacent neighbor to the south. The preliminary - drainage plan would create a swale along the south property line PLANNING COMMISSION MEETING. APRIL 25. 1990 PAGE 30 � - along the existing dwelling which will allow the drainage to be directed toward Central Avenue instead of to the adjacent neighbor. In conjunction with the lot split, there would be a drainage and utility easement reserved along the south property line for maintenance of the swale. Ms. McPherson stated another issue staff is concerned about is that by allowing the lot split, a nonconforming lot would be created for the existing dwelling unit. The rear yard setback has been calculated at 25� of the lot depth. For the new lot for the existing home, the lot depth would be approximately 36 feet. As proposed, the new lot line would create a year yard setback of 29 feet, which would create a nonconforming situation. Ms. McPherson stated that due to the fact that this lot split would create a nonconforming lot, staff is recommending that the Planning Commission recommend denial of the lot split. However, if the Planning Commission does choose to approve the lot split and acknowledges the setback variance for the existing dwelling, staff recommends the following five stipulations: 1. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. �~ 2. The petitioner shall install erosion control structures - (silt fence with hay bales) while the new dwelling is under construction. 3. The swale to be constructed along the south property line of the existing house shall be revegetated as c�,uickly as possible. 4. The petitioner shall maintain the swale for one year after construction. 5. Park dedication fees shall be paid at the time of the building permit issuance. Mr. Roger Hanson stated he and his wife moved to Fridley three years ago from Texas. They like Fridley and want to stay in Fridley. His wife works at Totino Grace High School, so this is an ideal location for them. He stated his wife has health problems and cannot climb stairs. Their present house has stairs, and that is why they want to build a new house on the new lot. They have no objections to any of the stipulations. He has done a lot of work terracing the property now to help stop erosion problems. He stated he has polled all the neighbors who adjoin their property, and no one has objected to this lot split. � �� PLANNINa COMMIBBION MEETINa� APRIL 25, 1990 PAGE 31 MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval Lot Split request, L.S. #90-01, by Roger and Myra Hanson, to split off the southeasterly 90 feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a separate single family lot, generally located at 6065 Central Avenue N.E., with the knowledge that by approving this lot split, they are creating a nonconforming use on the original lot, and subject to the following stipulations: 1. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. 2. The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. 3. The swale to be constructed along the south property line of the existing house shall be revegetated by November 1, 1990. 4. The petitioner shall maintain the swale for one year after construction. � 5. Park dedication fees shall be paid at the time of the building permit issuance. IIPON A DOICE VOTE, ALL VOTING AYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. 5. RECE_IVE THE APRIL 5. 1990 HUMAN RESOURCES COMMISSIOld MINUTES• MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the April 5, 1990, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HETZOLD DECLARED THE MOTION CARRIED IINANIMOII3LY. 6. RECEIVE THE APRIL 10 1990 APPEALS COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive the April 10, 1990, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTIN(� AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. � PLANNING COMMI88ION MEETING APRIL 25. 1-990 PAGE 32 � ADJOURNMENT• MOTION by Mr. Saba, seconded by Mr. Dahlberg, to adjourn the meeting. IIpon a voice vote, Chairperson Betzold declared the motion aarried and the April 25, 1990, Planniaq Commission meetinq adjourned at 12s15 a.m. Respectfully submi ed, ��� yn Saba Recording Secretary %�, � �'^, F� n � 8 I a N- IN B H 8 E T PLANNING COMMIf38ION MEETIN(3, APril 25, 1990 -c�� �j-i�� 7 -°� i - �� � >� � %', � B I Q N- IN 8 H E E T PLANNING COMMISBION MEETIN(�i, April 25, 19J0 � � � 8 I G N- IN 8 H$ E T PLANNING COMMIBBION MEETING, April 25, 1990 8 I Q N- IN B H E E T � PLANNINa COMMI88ION MEETIN(3, April 25, 1990 � /"`�