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PL 02/24/1993 - 30766� . i CITY OF FRIDLEY PLANNING COMMISSION MEETIN(�� FEBRIIARY 24, 1993 MMwwNMwM��M��YNNMwMMIrNMNwNMM�Y�YN�YMwwMM�MMMMMNwMM�YMMwNtiw���Y�►�rMMM�YMNN CALL TO ORDER: Chairperson Newman called the February 24, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Newman, Dave Rondrick, Sue Sherek, Diane Savage, Connie Modig, Brad Sielaff Members Absent: Dean Saba Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Chuck Prentice, Westminster Corporation John Culligan, Boorman, Kroos, Pfister Jim Saefke, 6131 - 5th Street N.E. Ted Shirley, 6242, 6252, 6272 - 5th St. N.E. Lewis Doyle, 25 - 63rd Way N.E. Virgil Farasyn, 700 Rice Creek Terrace Terry Mickley, 241 Rice Creek Terrace � Josephine Hammer, 871 West Moore Lake Drive Joseph Maertens, 144 River Edge Way APPROVAL OF FEBRUARY 10. 1993. PLANNING CONIMISSION MINUTES: MoTION by Mr. Kondrick, seconded by Ms. Sherek, to approve the February 10, 1993, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERBON NEWMAN DECLARED T8E MOTION CARRIED IINANIMOIISLY. 1. (TABLED 2/10/93) PUBLIC HEARING: An amendment to the Fridley City Code Chapter 208, entitled "Erosion Control", to: A. Eliminate soil erosion when possible. B. Establish standards and specifications for conservation practices and planning activities which eliminate or minimize soil erosion and sedimentation MOTION by Ms. Savage, seconded by Mr. Kondrick, to remove this item from the table and reopen the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TH� MOTION CARRIED AND T8E PIIBLIC HEARING REOPENED AT 7:35 P.M. �� PLANNING CO1rIIKI88ION MEETING, FEBRIIARY 24, 1993 PAGE 2 �` Ms. McPherson stated that at the February 10, 1993, Planning Commission meeting, the discussion focused on the Securities paragraph of Chapter 208 which is to establish an erosion control requirement for new developments and/or alterations to existing developments within the City. The new ordinance sets forth standards for eliminating erosion and, in cases where elimination of erosion is not possible, to minimize the impacts of erosion. The Commission was unclear as to what the total monetary effects of the Securities paragraph would require. Ms. McPherson stated staff amended the paragraph by breaking the paragraph into discreet parts so that the requirements for securities is very clear. So, if a conservation plan is required as part of a building permit application, the current requirements in Chapter 205 would be required to cover the conservation plan. That is the City's typical performance bond which covers all outdoor improvements, i.e., landscaping, irrigation, parking lot improvements, curb and gutter. The list �ould also be expanded to include the elements for the conservation plan such as silt fencing, detention ponds, etc. It would not be an added security over and above the 3% of the construction value which the City already requires. Ms. McPherson stated she spoke with the Engineering Department to clarify their intent for the land alteration permit, and the �, language under the Land Alteration Permit will need to be amended to reflect the following policy. Typically, on land alteration permits, the Engineering Department requires a 5� surety of the value of the work. That will cover any stipulations the Engineering Department may apply to the land alteration permit. So, the Engineering Department would expand their stipulations to have that 5% they require to also again cover the requirements of the conservation plan. She stated that the ordinance as presented to the Planning Commission does not reflect that change, but that change will be made prior to the City Council meeting. Ms. McPherson stated staff believes the revised language clarifies and expressly states what the ordinance requires as far as securities. Staff is recommending that the Planning Commission recommend approval of the amended ordinance. Mr. Sielaff referred to Section 208.06.11 under Design Standards, which states: "Grading shall not be done in such a way so as to divert water onto the property or another landowner without the written consent of that landowner." Does that mean a landowner does not have to implement the erosion control practices if the adjoining neighbor has no objection? Ms. McPherson stated that item should be corrected based on the City Attorney's review of the ordinance. There is another section in the zoning ordinance which prevents substantial diversion of the � water in any rate or quantit�r from one property to another. This item has to be rewritten tp be consistent with existing policy. /"�� �� ,� PLANNINd CONIlriI88ION ME�TINa. F�BRIIARY 24. 1993 PAGE 3 Mr. Sielaff asked if there was any justification for the "18o in grade" as stated in Section 208.06.16. Ms. McPherson stated that is a mistake; it should be 12�. MOTION by Ms. Savage, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTINa AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND T8E PIIBLIC HEARINC3 CL08ED AT 7s45 P.M. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City Council approval of an amendment to the Fridley City Code Chapter 208, entitled "Erosion Control" with the further changes to Section 208.07, Securities, as presented by staff; Section 208.06.11 to be amended to conform with recommendations from the City Attorney; and Section 208.06.16 to be amended to reflect a 16� grade rather than a 12� grade. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPER80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #93-01, BY WESTMINSTER CORPORATION: Per Section 205.09.01.(C).(7) of the Fridley City Code, to allow homes for the elderly on Lots 1-16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. William's Church abutting 5th Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to open the public hearing. IIPON A VOICE VOTE, ALL DOTINt� AYE, CHAIRPER80N NEWM�iN DECLARED THE MOTION CARRIED AND THE PIIHLIC HEARING OPEN AT 7:47 P.M. Ms. McPherson stated this property is generally located west of 5th Street and east of Moon Plaza and north of the St. Williams Church administration building. The property is currently zoned both C-3, General Shopping District, and R-2, Two Family Dwelling. Ms. McPherson stated that in 1988, the City Council reviewed a series of land use requests for this same parcel of land which included a special use permit for elderly housing, a lot split to create a separate development parcel, and a rezoning request to rezone the property from its current zoning to R-3, General Multiple Dwelling. At that time, the Council held the first reading of the ordinance to rezone the property, and the Council will need to hold the second and final reading as required by City Charter to rezone the property to R-3, General Multiple Dwelling. Ms. McPherson stated the proposal in 1988 was to construct a 70 unit, three story elderly high rise facility with underground PLANNINa COMMI88ION MBETING. FBBRIIARY 24. 1993 PAa$ 4 � parking. The project was comprised of 50 one-bedroom units and 20 two-bedroom units. The project was intended to be a combination of brick, siding, and stucco for the exterior treatment. The project was not constructed due to the lack of available funding. Ms. McPherson stated the current proposal is for a three story, multiple family dwelling for elderly and handicapped persons and is a 50, one-bedroom facility. The petitioner is proposing an all- brick exterior and there will not be any underground or surface garages. The building is proposed to be built perpendicular to 5th Street in an east/west orientation with an open lawn area to the south. The entrance to the building will face north, and the surface parking lot will also be to the north. Ms. McPherson stated that as proposed, the building meets the minimum setback, height, and lot width requirements for the R-3, General Multiple Family Dwelling district. However, the building does not meet the minimum lot area requirement of 127,500 square feet. The lot area is calculated by multiplying the number of units by 2,500 square feet. Ms. McPherson stated an open air easement is proposed to the south of the proposed south property line which is intended to meet the minimum lot area requirement. This open air easement is roughly 4,800 square feet in area. In 1988, a similar solution was �-•., proposed for the origir�al 70-unit building; however, the open air easement needed to be 37,600 square feet in area. �"'� Ms. McPherson stated that 34 surface parking spaces are proposed to be constructed located north of the building. The building has been designed so that large vehicles can utilize the pick-up/drop- off area in front of the building. The petitioner is also proposing "proof of parking" directly north of the proposed parking area. This proof of parking is required in order to meet the minimum number of parking spaces which is 77. In managing similar projects, the petitioner has determined that the original 34 spaces will be adequate; however, if demand is greater, they will have adequate space to construct the additional spaces. Ms. McPherson stated the petitioner has submitted a preliminary landscape plan as required by code. The landscape plan meets the minimum code requirements set forth in the R-3 zoning district. A screening fence or some type of screening is required between the multiple family district and the two family district to the north. Underground irrigation is also required by code. A grading and drainage plan has been submitted and reviewed by the Assistant Public Works Director, Scott Erickson. The petitioner has submitted amended plans based on Mr. Erickson's review. The petitioner has also signed and submitted to staff a stormwater pond maintenance agreement that has been sent to Anoka County to be recorded against the property. Ms. McPherson stated the petitioner has submitted elevation plans of the proposed development. The petitioner is proposing an all- PLANNINa COMMI88ION MEETING. FEHRIIARY 24, 1993 PAaB 5 !! brick exterior at this time; however, it is possible that the Federal Government through HUD may not agree to finance the all- brick exterior. Therefore, the petitioner has developed a second exterior plan which would utilize both brick and siding. Both exterior plans are acceptable to staff. Ms . McPherson stated that as the proposed proj ect meets the minimum requirements of the R-3, General Multiple Dwelling district, staff recommends that the Planning Commission recommend approval of this special use permit request to the City Council with the following five stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 2. An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against St. Williams property. The proposed easement language shall be reviewed by the City Attorney prior to execution. 3. An underground irrigation system shall be installed. 4. . The applicant shall record restrictive covenants dictating that the project is for the elderly only and is not an apartment to be rented to the general public. ,� The covenants shall be reviewed and approved by the City Attorney�s office prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. Mr. Kondrick stated he is concerned about lighting in the parking lot area. What provisions have been made for lighting in the parking lot area, and what type of light standards are proposed? Ms. McPherson stated lighting in the parking lot is shown on the site plan. The petitioner will have to address the type of lighting. Mr. Kondrick stated he is concerned about the exterior of the building. He wanted to make sure that this is a building that is going to look nice, rather than a design that will make the building look like a barracks. It has to be a building that the residents will be proud to live in and that will not be an eyesore to the neighbors. Ms. Dacy stated that is the reason staff asked the petitioner to submit the second elevation. If the all-brick exterior is not approved by HUD, the second elevation; a combination of siding and brick, is similar in design to the elevation approved in 1988. If the Commission feels the second alternative design is not acceptable, the Commission will need to express that to the �°, petitioner. PLANNINa COMMISSION MEETING. FEBRIIARY 24. 1993 PAG$ 6 �'' Ms. Sherek stated that stipulation #4 indicates that the project is for the elderly only; yet staff stated that this is a project for both elderly and handicapped. Ms. McPherson stated that the petitioner has indicated that this is for both elderly and handicapped persons so stipulation #4 will have to be amended to reflect that. � Ms. Modig stated there will be 51 units in the building, yet only 34 parking spaces are proposed at this time. Where is the visitor parking? Ms. McPherson stated the parking is proposed for both resident and visitor parking. This is based on Westminster's experience for parking needs at similar facilities. Ms. Modig asked who will monitor who is parking in the lot. Ms. McPherson stated monitoring will have to be done by the resident manager. Certain spaces will be clearly marked as visitor parking only. Mr. Chuck Prentice, Westminster Corporation, stated he is the Budget Manager for this project. Long before his involvement or Westminster's involvement with this project, St. Williams Church � was interested in helping to bring about a development for senior citizens on this site beginning in about 1972. In the mid-1980's, St. Williams contacted Community Development Corporation of the Arch Diocese of St. Paul/Minneapolis which resulted in the 1988 proposal. The Commuriity Development Corporation of the Arch Diocese changed hands and became Westminster Corporation. From 1988 to the present, they have followed through with the church council and, at this time, have won a commitment from HUD for a "Reservation of Funds" for this project. HUD will provide the money to build the project and will provide the Section 8 subsidy for rents in the project. The rent for all the units will be according to the Section 8 rule which is that persons of qualifying income would pay 300 of their monthly income for rent. Mr. Prentice stated there is certainly a need for senior housing in Fridley. In their submittals to HUD, they have had very strong substantiation of the need from documents that have been produced by Anoka County, the Metropolitan Council, and the Housing Study done for the City of Fridley. Most recently, they have received documentation from St. Williams which was a listing of 65 people who have inquired about this housing. In addition, he contacted the manager of the Village Green development which has 100 units for senior citizens. The manager told him she was very glad to hear about this development. Village Green's waiting list is upwards to five years. So, there is a definite need for affordable housing for the elderly in this area. n Mr. John Culligan, Architect from Boorman, Kroos, Pfister, stated that he was also involved with the original design in 19�8. He PLANNINa CO1�lI88ION ME$TING. FEBRIIARY 24. 1993 PAGS 7 �`` stated that of the 51 units, there are 50 one-bedroom units and one two-bedroom unit for the resident manager. The one-bedroom units are 545 square feet in size, the maximum allowed by HUD. Mr. Culligan stated that regarding the site plan, there are several design aspects he would like to point out. The building is three stories, approximately 40 feet in height from grade to the top of the roof. They were concerned about the scale of the building relative to the neighborhood, so their site plan reflects their design inputs to accommodate that. The building is designed at a 90 degree angle to 5th Street to reduce the scale of the facade to the street. Another concern was the location of the building footprint relative to the size of the overall property configuration. By locating the parking and the entrance on the north side of the building, they were able to create two green spaces for the residents, also reducing a negative impact to the neighbors to the north. They took advantage of the dip in grading so that the building is actually about 7 feet below the street level, so the height actually becomes 33 feet in height from the surface of 5th Street. Mr. Culligan stated that regarding the lighting, they are also concerned about adequate lighting in the parking lot and access to the building. These are single shoebox type light fixtures that light the parking surface and sidewalks only, and the poles are at � 15-18 feet in height. Mr. Culligan stated are requesting the approval of two schemes, one of which is the all-brick scheme. They will be proposing the all-brick scheme to HUD. However, they are concerned about a commercial appearance with a three story, all-brick building so they have taken steps to reduce the vertical scale of the building and emphasize the horizontal scale of the building. Mr. Culligan stated that in terms of the second scheme, a combination of brick and steel siding, they are utilizing the same design concept of reducing the vertical scale and emphasizing the horizontal scale of the building. Mr. Prentice stated they will soon be presenting to HUD the design and the estimates of the costs associated with the design. HUD will then review that. The Federal Section 202 program which is a program for affordable housing for elderly and handicapped will not fund certain things, and one thing they will not fund is the development of garages.. That is why garages are not proposed with this development. HUD will also not fund irrigation systems. He is referring to stipulation #4 and wondered if that stipulation could be waived or put on some time of time plan under which they could meet the stipulation after the initial development. Mr. Rondrick stated that south of the proposed building, there is �, a large play area, a softball area. How far will the building be from this area? He would�be concerned about is noise from this play area would be objectionable to the residents of the building. � PLANNINa CONII�lI88ION MEETING. FEBRIIARY 24. 1993 PAGB 8 Mr. Culligan stated the play area is about 200 feet from the edge of the building. They are creating a grassy area and are providing landscaping and trees along 5th Street. They are also submitting to HUD an upgraded landscaping plan that will create a shrubbed plaza area off the main first floor lounge with a balcony deck for the residents to enjoy the back yard. They will also be designating a certain area as a garden area. He did not think sound traveling over 200 feet and penetrating an insulated exterior wall is going to be a problem. Windows may be open in the summer, but air conditioner sleeves will be provided for each unit. Ms. McPherson stated there are families with small children who live north of the proposed project in the duplexes. The City has never received any complaints from the existing neighborhood regarding any noise. She did not know how this could be controlled unless the church chose to control who uses the church property as a play area. Mr. Sielaff asked about building maintenance, and who would make sure that the building is maintained. Mr. Prentice stated he is not aware of any HUD requirement for maintenance of the building. �—, Ms. Dacy stated that every year the owner and management company will have to submit a rental license application. The building will have to meet building codes and City building code. Mr. Newman stated that if staff determines that additional parking is needed, will Westminster have the resources available to pay for the installation of additional parking? Mr. Prentice stated it might be a question of having to respond over time incrementally. Their experience has led them to believe that the entire additional area would not need to be done six months after the building is built. If there is a need for 6-10 parking spaces, because it probably could be treated on that kind of incremental basis, he believed the project would be able to support that additional expenditure. Also, based on their experience, they have found that larger number of parking spaces is generally needed at the start-up of the building. As residents age, some of them who came in owning a car may end up giving up their cars. Ms. Modig stated that might be true for the elderly; however, this building is also for the handicapped. Mr. Prentice stated there are only three handicapped units in the building. For a person with a handicap other than a wheelchair- type handicap, if they meet the income guidelines, they would be � eligible for the other units. PLANNINa COI�II88ION MSETINa, FEHRIIARY 24, 1993 PAGE 9 �' Ms. Modig asked if there is any age restriction for the handicapped. /"�, �`, Mr. Prentice stated he did not know if there is an age restriction for the handicapped. Mr. Kondrick asked what is to prevent this building from changing from a building for the elderly and handicapped to a building that can be rented by other low income people. Mr. Prentice stated one factor in limiting the building to another type of use is that there will be 50 one-bedroom units. The 40 year term of the mortgage would accelerate and be due and payable at any time during that 40 years if they did not continue to meet the HUD rules that all their residents conform to HUD Section 8 standards for the elderly and handicapped. So, during that 40 year period, if they tried to have residents other than Section 8 qualified elderly and handicapped, they would have a huge debt accelerate on the property. To clarify, this is Section 202 which is HUD financing for the development of housing for the elderly and handicapped and carries with it a Section 8 provision to provide subsidized rents for the residents over the 40 year period. Ms. Sherek stated that stipulation 4 talks about the recording of restrictive covenants dictating that the project is for the elderly and handicapped. Mr. Prentice stated another assurance is that this project i developed by Westminster Corporation and will be owned by a affiliate non-profit board. Both are non-profit entities and dedicated to the provision of affordable housing. s being local formed Mr. Newman stated that for the purpose of restrictive covenant, what age is defined for the elderly? Mr. Prentice stated that the age for the Section 202 provision is 62 years of age; and, in the case of a couple, one person must be 62 years of age. Perhaps the wording could be added to stipulation #4 such as "in conformance with the requirements of the HUD Section 202 program". They are comfortable with the restrictive covenant being placed on the property for the affordability concern and for the type of housing for senior citizens. Mr. Joe Maertens, 144 River Edge Way, stated he owns the duplex directly to the north of this proposed development. He stated he is very pleased with the design and layout of the building. He especially likes the buffer between the apartment building and the duplexes. He stated he is strongly in favor of an all-brick exterior, especially in a residential neighborhood. In his opinion, siding on a building of this size would be a serious degradation in quality. � Mr. Jim Saefke, 6131 - 5th Street, stated he has lived directly across from this proposed development for about 19 years. After PLANNING COMMI88ION MEETINa. FEBRIIARY 24. 1993 PAG$ 10 �' looking at the back of Moon Plaza and dumpsters for many years, he is very pleased with this particular design. It is also a great use for this piece of property. It outranks a lot of other things that could go into that particular area. He would welcome senior citizens and handicapped to this neighborhood. Mr. Saefke stated he is also the President of the St. Williams Parish Council which has reviewed 'these plans, and they do not have any problem with the easement requir.ement or the green space. Ae would prefer to have the all-brick exterior also, but would be in favor of the brick/siding exterior if necessary. He stated there is a good mix of young, middle age, and older people in his neighborhood. The road was built to handle this additional traffic. Mr. Saefke stated that he sees very little use of the play area, except when neighborhood children get together to play ball. Mr. Bruce Nelson, 90 Rice Creek Way, stated he is a member of St. Williams and part of the group who have been working on this project for a number of years. The Church itself has expended a considerable amount of money to get to this point. He stated the play area is somewhat bermed so it is not a very large area. Mr. Nelson stated the way the parking lot is laid out, some of the �-,, spaces are wider so from the standpoint of access for the handicapped persons, this will also help. ,�, Mr. Nelson stated that in making their initial selection, they chose Westminster primarily because of their broad-based experience and long term commitment to housing for the elderly and handicapped. Mr. Kondrick asked abo�t building security. Mr. Culligan stated that the main front vestibule has a telephone buzzer system access for the residents and the community room. The end stairwell doors are locked from the outside 24 hours a day. Mr. Newman asked if the petitioner is looking at seamless steel siding. It would certainly approve the appearance of the building. Mr. Culligan stated the specifications have not yet been fine- tuned. They could make that part of the recommendations. Ms. Dacy stated that since the petitioner has raised the issue about the cost of underground irrigation, the Commission may want to consider amending stipulation #3 to provide a 2-3 year timeframe for the petitioner to comply. It would be consistent with other stipulations in the past like hard surface driveways, installation of landscaping, etc. Mr. Virgil Farasyn, 700 Rice Creek Terrace, stated he is a member of St. Williams and a resident of Fridley for many years. He PLANNINa COMMI88ION ME$TING. FEBRIIARY 2g. 1993 PAaB 11 �` wanted to express his support for the project. As a member of St. Williams, he would rather see an apartment for the elderly than some commercial building that would degrade the property. � MOTION by Mr. Kondrick, seconded by Ms. Savage, to close the public hearing. IIPON 1ml VOICTs VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED AND TBL� PIIBLIC HEARING CLOSED AT 9:10 P.M. Mr. Rondrick stated he believed that the Commission should add a stipulation to recommend only the all-brick exterior. In stipulation #4, he would like to insert wording that guarantees that the project will be for the elderly and handicapped for the 40 years. Ms. Dacy stated it was staff's interpretation that it would be in perpetuity and run with the property. Ms. McPherson stated staff will research this to see if there is a statutory limit. Mr. ICondrick stated he is very reluctant to either waive the underground irrigation requirement or provide a timeframe for compliance (stipulation #3). Ms. Dacy suggested a timeframe for the irrigation system of one year from the certificate of occupancy. Mr. Newman asked if the petitioner would be agreeable to that deadline. Mr. Prentice stated he is unable to answer that. It was his understanding that the Board would be more comfortable with a 2-3 year timeframe. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #93-01, by Westminster Corporation, per Section 205.09.01.(C).(7) of the Fridley City Code, to allow homes for the elderly on Lots 1-16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E., with the following stipulations: 1. A storm water pond maintenance agreement shall be executed and recorded against the property. 2. An open air easement which is a minimum of 4,830 square feet in area shall be executed and recorded against St. ��, Williams property. The proposed easement language shall be reviewed by the City Attorney prior to execution. PLANNING CO1�lI88ION MEETINd. BEBRIIARY 24, 1993 PAaB 12 �� 3. An underground irrigation system shall be installed one year from the issuance of a certificate of occupancy. 4. The applicant shall record restrictive covenants against the property which dictate that the project is for the elderly and handicapped only; elderly defined as those persons 62 years of age and over, and handicapped as defined in Section 202 regulations. The covenants shall be consistent with Section 202 regulations, and if Section 202 regulations are amended, said covenants shall be amended with the mutual consent of the City of Fridley. The covenants shall be in effect for a minimum of 40 years and longer if the laws allows. The covenants shall be reviewed and approved by the City Attorney prior to recording. 5. Lot split request, L.S. #93-01, shall be approved. 6. The exterior of the building shall be of all-brick construction. Ms. Modig stated she is concerned about stipulation #6. She did not want to create a timeframe problem for the developer. Ms. Sherek stated that if the all-brick exterior is not acceptable � to HUD, and the petitioner has to revise the proposal for the exterior for brick and steel siding, she did not believe it would be necessary for the petitioner to come back before the Planning Commission. The petitioner could go directly to the City Council. The Commission members agreed. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARL�D TSE MOTION CARRIED IINANIMOIIBLY. 3. CONSIDERATION OF A LOT SPLIT REOUEST L.S #93 01 BY WESTMINSTER CORPORATION: To create a separate parcel from the Norwood Addition to Fridley Park plat, to be described as Lots 1-16, Block 1, and Lots 1 and 30, Block 2, ldorwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E. MOTION by Mr. Kondrick, seconded by Ms. Modig, to open the informal public hearing. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARED THF MOTION CARRIED AND THE INFpRMAL pIIBLIC HEARING OPEN AT 9:20 P.M. Ms. McPherson stated the third and last land use request is for a ,� lot split. Currently, the proposed development parcel is under the ownership of the St. William�s Church and is considered part of the entire property. The lot split request is to create a PLANNIN� COMMIBBION MEETINa. FEBRIIARY 24, 1993 PAGE 13 �`` separate development parcel which will then be conveyed to Westminster Corporation to construct the proposed building. Ms. McPherson stated that as mentioned earlier in the special use permit discussion, the proposed development parcel does meet the minimum lot width requirement; however, it is 4,830 square feet short of the minimum lot area requirement. Again, the minimum lot area is calculated by multiplying the number of units (51) by the average square footage required in the code, which is 2,500 square feet of land area per unit. This calculates to 127,500 square feet, and the proposed development parcel is 122,670 square feet. To rectify the shortfall, the petitioner has proposed to execute and record against the church property an open air easement to create this 4,830 square feet. This easement is proposed to be located along the south property line of the proposed development parcel. Ms. McPherson stated that in 1988, this resolution of lack of lot area was posed for �n open air easement totalling 37, 600 square feet. A proposed easement was not drafted at that time; however, staff is recommending that if the project is approved with the easement to be required, the language be reviewed by the City Attorney prior to the execution of the easement. Ms. McPherson stated the surveyor has submitted the legal �...� description for the proposed development parcel; however, in order to execute the resolution approving the lot split, the surveyor will also be required to submit the legal descriptions for the remaining St. William's Church property. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the lot split request to the City Council with the following two stipulations: 1. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area or� the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council approval. Mr. Newman asked how far the property line would have to be moved to avoid the need for an easement. Ms. McPherson stated the property line would have to be moved approximately 15.8 feet. Mr. Newman asked if staff has discussed this with the petitioner. ,� Ms. McPherson stated staff did discuss the fact that a relatively minor amount of movement of the lot line would be needed in order PLANNING COMMI88ION AffiETING. BEBRIIARY 24. 1993 PAGE 14 �` to meet the minimum lot area requirement. The petitioner told staff they would discuss this issue with St. William's. She did not know the results of that discussion. Mr. Prentice stated regarding the question of whether they could handle this additional parcel by sale rather than by easement, when staff raised that question, he discussed it with members of St. William's Church. What Westminster has available in the development to provide to the church from HUD is the amount that they have agreed on with the church. They do not have the leeway in their development financing proforma to add an additional amount for land at this time.° The church members felt that if they were to sell extra land, they would like to get some extra money for that land. When they knew Westminster could not provide that extra money, the church members agreed to just leave the land sale and proceed with the easement. Mr. Newman asked where the open air easement begins. Ms. McPherson stated that the original lot split request in 1988 was approved with the easement making up the easement of the 37, 000 square feet, but it never got to the stage of drafting the language for the easement. Ms. Dacy stated it was her understanding that this open air � easement option was discussed with Westminster at that time, and it was very similar in nature to an easement that, for example, the Building Code would require if there is a certain type of construction and there has to be 60 feet of clear space around the building. That issue came up when Wal-Mart was proposing to build just north of Sam's Ciub prior to Wal-Mart moving to the 85th Avenue site. It was her understanding that the open air easement starts at the surface and goes up into the air to preserve that extra area. • Mr. ATewman stated he is concerned about this. It appears that by approving this request, the City would be creating a lot that would be nonconforming right away, and he did not see any physical reasons why that property line cannot be extended. For all practical purposes, the apartment building is going to have access to that property. Mr. Saefke stated that is correct. $e stated what they use for a church facility right now was originally designed to be an auditorium for a church/school complex, and there is no development in process or even contemplated for that property behind the church and administration center. The part of this lot they are willing to sell to Westminster Corporation is part of the church/school facility as recreation area. Nothing has ever been done with that property. The parish council really saw no need to encroach any further on what would be considered St. William's Church property n in the future as oppose� to this development property. The easement is sufficient fp� the Church's needs. It is also his understanding they have an agreement for sale with Westmi�nster on PLANNINQ COMMI88ION MEETING. F�BRIIARY 24. 1993 PAaE 15 �` this property, and the Church is selling the property at less than its assessed value. Because of the restrictions on HUD funding for the�purchase of the property, St. William's feels that at this time, they have kind of given away a certain portion of property as it is, and they cannot afford to give away any more property except through an easement. �, Mr. Terry Mickley, 241 Rice Creek Terrace, stated that he is a member of St. William's and a liaison with the developer of the building. He stated that if St. William's deeds the property to Westminster, then it is possible that Westminster could build within 5 feet of the lot line which might encroach upon St. William's Church property. As stated by Mr. Saefke, the property will change hands at considerably less than market value; and even though there is an easement on that piece of property, it does give them some control on what happens close to the border line. The property is still owned by St. William's which is an asset in maintaining some control over that 15 feet of land. Mr. Dacy.stated the Commission's job not this approach is appropriate. establish some criteria about the easement, that is fine. The overall the multiple family dwelling, and it easement is not to be built upon and as part of the lot area and if it is Westminster Corporation. is to determine whether or If the Commission wants to language in the open air purpose is for the area for may be appropriate that the to be used as a calculation not deeded in title over to Mr. Rondrick stated that the way the property is, it cannot be built upon because it is not Westminster's property. So, the property is essentially dead because Westminster cannot build on it nor can St. William's. Ms. Dacy stated they are talking about the form of conveyance--an easement versus fee simple. MOTION by Ms. Sherek, seconded b� Ms. Modig, to close the informal public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N NEWMAN DECLARED THE MOTION CARRILD AND THE INFpRMAL pIIBLIC HEARINa CL08ED AT 1Os00 P.M. Mr. Rondrick stated that as long as both parties are in agreement with this, then he would be willing to vote to recommend approval of the lot split. Ms. Modig agreed. Ms. Sherek also agreed. She could see the points of both the Church and Westminster. � MOTION by Ms. Sherek, seconded by Ms. Modig, to recommend to City Council approval of lot eplit, L.S. #93-01, by Westminster Corporation, to create a separate parcel from the Norwood Addition PLANNINa CO1�II►�II88ION MEBTINa� FEBRIIARY 24. 1993 PAaS 16 �` to Fridley Park plat, to be described as Lots 1-16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley Park, together with vacated streets and alleys. The site totals 127,505 square feet and is generally located north and east of St. Williams Church abutting 5th Street N.E., with the following stipulations: 1. The petitioner shall execute and record an open air easement to provide an additional 4,830 square feet of land area on the St. William's parcel. The proposed easement language shall be reviewed by the City Attorney prior to execution of the easement. 2. The surveyor shall submit the legal description for the remaining St. William's parcel prior to submission of the resolution for City Council approval. Mr. Newman stated he would vote to recommend denial of the lot split request. Although he believes this is a great project, he is very concerned about the precedent the City will be setting in creating a no�conforming lot simply because the sellers would not get paid and the buyers do not want or cannot buy the property. IIPON A VOICE VOTE, NEWM�iN pOTING NAY� CSAIRPERBON NEWMAN DECLAR�D THE MOTION CARRIED BY A VOTE OF 5-1. � Ms. McPherson stated both the special use permit request and the lot split request will go to City Council on March 1, 1993. �� 4. RECEIVE JANUARY 9, 1993 JOINT CITY COUNCIL/HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by M•r. Kondrick, seconded by Ms. Sherek, to receive the January 9, 1993, Joint City Council/Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYF, CHAIRPER80N NEWMAN DECLARED THE MOTION CARRILD IINANIMOIISLY. 5. RECEIVE JANUARY 14 1993 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the January 14, 1993, Housing & Redevelopment Authority minutes. IIPON A VOICB VOTE, ALL VOTING AYE, CBAIRPER80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIBLY. 6. RECEIVE FEBRUARY 4 1993 HUMAN RESOURCES COMMISSION MINLTTES: MOTION by Ms. Sherek, seconded by Ms. Savage, to receive the February 4, 1993, Human Resources Commission minutes. IIPON A VOICE VOTT, ALL VOTING AYE, CBAIRPERSON NEpMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. PLANNINa COMMI68ION MEETING. F$BRIIARY 24, 1993 PAG$ 17 � 7. RECEIVE FEBRUARY 16, 1993, APPEALS COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Ms. Modig, to receive the February 16, 1993, Appeals Commission minutes. IIPON A VOICL VOTE, ALL VOTIN(� AYE, CHAIRPERSON NEWMAN DECLARED THF MOTION CARRII3D IINANIMOIIBLY. ° ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Newman declared the motion carried and the February 24, 1993, Planning Commission adjourned at 10:05 p.m. Respectfully submi ted, L n Saba Rec ding Secretary �"'� ,� � � i'� 8 I G N- IN S H E E T PI,ANNING COMMI88ION MEETING, _ Wec�esday. Februarv 24. L93 r�,