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PL 06/23/1971 - 31102/'�• � �' PLANNING COMMISSION MEETING J�TE 23, 1971 PAGE 1 The meeting was called to order by Chairman Erickaon at 8:00 P.M. ROLL CALI, : Members Present: Zeglea, Memb ers Abaent: Minish Othera Present: Danel Erickson, Fitzpatrick, Schmedeke Clark, Engineering Aesiataat APPROVE PLl�TNING COAQQSSION MINUTES : JiJNE 9 1971 MOTION by 2eglen, seconded by Fitzpatrick, that the Plarin�ng Commission minutes of the June 9, 1971 meeting be approved. Upon a vo3ce vote, aZl voting sye. the motion carried unenimously. RECEIVE BUILDING STANDABDS-DESIGN CONTROL SUBCOI�IITTEE MINDTES: JUNE 10 1971 MOTION by 2eglen, seconded by Scinaedeke, that the Planning Catnmission receive the minutes of the Building Standards-Design Control Subco�mittee meeting of Jane 10, 1971. Upon a voice vote , a11 votaing aye, the motion carried pnanimoa.sly. RECEIVE BUILDING STANDARDS-DESIQi CpNTROL SUBCO1rIlKITTL�E MINUTES : JUNE 17 1971 MOTION by Zeg2en, seconded by Schmedeke, tliat the Planuing Co�Lss3on rece3ve the minutes of t1�e Butld3ng Standards-Design CoAtrol Subc�on�ittee meet3ng of June 17, 1971. Upon a voice vote, aIl vot3ng aye, the mot3on carr3ed unan3mously. BECL�IVB BOARD OF AYPEALS MINOTEg; JDNE 15 1971 MOTIOiV by Schmedeke, seeoonde�d by Fitzp�trick, that the Planning Cammission receive the minutes of the Board of Ap�a1a meeting of June 15, 1971. Upon a vaice aote, a11 voting aye, the motion carrted unenimouslg. RECEIVE PLATS � 3�81�/I3IONS-STBEETS i DTILITIES SUBGOI�IITl'E8 '�[NUTES • JUNB 15. 1971 ,_., Mr• Schmedete called attentioa to aa error in the la�t motion on Page 4 which ahould read: "Upoa a voice vote, Crawder, Engdahl and Pierce voting aye, Sc.i�nedake voting Nay, and Me_�ner;�libetaiaing, the motion carried." lYiOTIQI� by Schmede�e, secar2ded by Zeglen, that the Plsnniag Ca�m�ts�ton receive the minntes of the Plats � S�rbdiv�s3ons Streets �[1tilities Sub�tttee �eting Of June 16, 1972 es emer�ded abave. llpcsa a voice wte. a11 v�vttng aye, the a�t�on cerr3 ed �marlimously . �• WNTIN�D: �Qt�ST FOH A SPECIAI. ZJSE PERI�IIT, SP �71-03, Al►�RICAN OIL 00. BY JODi P. Y01�TG�ALEs To construct aa th+e Northeast coraer of IInivereity Avenue and Osborne Road a service station ia a C-2 Dietrict per City Cpde Section 45.101, 3E. Public hearing clased 4/7/71. Planning Co�isaion Meeting - June 23, 1971 P1�lGE Y 2. CANTINUED: REZONiNG RE UEST ZOA �7 -03 AMERICADI OIL C0. BY JOHN Pa YO�JrTG-• � DALE: To rezone that part of the of the I� of Section 11 lying Esst of centerline of University Avenue and NorLh of the centerline of Osborne Road as said roads are now l�id out and constructed (1960) from R-3 to C-2. (Northeast corner of University and Osborne Road) Public hearing closed 4/7/71. Wyman Smith, John P. Youngdale and R. L. Ernst were present. Chairman�Erickson explained that the public hearings had been closed on April 7, 1971, but if any member of the Planning Commission wished to have it reopened, a motion would be in orclex. Mr. Smith said they were not asking for the l�ea�ing to be open�. He has read the minutea of the last meeting and Mr. Ernst has a atateffient he would like to make of a conversation with the pastor of the Church. He thought he would report to the Planning Commission me�mbera that two houses have for sale aigas aad one ie sold. Chairmaa Erickson gave a short resime of the previous rezoning of the property. He said it waa rezoned for thia particular purpose. The Comuissi.on has been furniahed with informatioa regarding tauation and aervice stations re- lating to other property. A study has just been completed relatin� to Special Use Permit of any property as well as the proble�m we may have �n thia property as it relates to the cammunity itself. They have also received information from the Minnesota Peitroleum Council relating to the density of filling stations. �"1 Mr. Zeglen referred to the St. Paul Waterworks easement. Darrel Clark ex- _ plained that any type of development that would want to cross the easement would have to have a 6 inch concrete crosaover. The capacity of the oil trucks is 10,000 pounds. Shell Oil has built slabs over esisting main. Mr. Youngdale said he was not prepared to answer that specifically, bu� whatever the St. Paul Waterworks would require for access to and from the property, they would construct the approachee in such a fashion that they would be within their requiremente. Mr. Housenga has had experience with thie type of thing. The Chairmen eaid that in 1959 the property was rezoned upon the request of Standard Oil Co. At that time, the procedure was discuased to place a etation on it. The petitioner was told to rezone. There was a requeat Eor a Special Dse Permit five years ago and denied at that time. Mr. Youngdale explained that the Compaay had a progrem where they would acquire propertq aaticipating ita future use. It was a land type bank inveat- ment. Mr. Zeglen ca�mented that two other competitors beat them to that corner. Why didn't they move faeter? Mr. Youagdale eaid the Cwtpany sets up a budget for real estate improvement or acquisition. It ie a calculated arrang�eat with the Companq. Som�etimes in order to take advantage of a development, the decisiou is to spen.d moaey for � real estate improv�nents ia a certain location. At Oeborne Road they were al- ready fee ownere and did not anticipate any problem by deferring the develop- ment of the etatioa. Plannia� Commisaioa Meeting - June 23, 1971 P�t�e 3 � Mr. Schmedeke said his thoughts were about the smme as Mr. �eglen's. We now have two aervice stations on the West aide of T.S. #47. Rezoning na� would be spot zoning,�though probably in its best form. At the last meeting neighbors were preaent objecting and the Church objected, because of more txaffic con- gestion. With the Compaay having two stations in close proximity, one on Central Avenue and Oaborne Road and one at the car wash, coneidering another Stand�rd station that close does not make sense in his eyes. Mr. Youngdale said again he wanted to say it is a matter of timing -- how the annual budget is allocated. In this instance, he thought efforts were directed in not simply proposing to conatruct a Staadard Station, but to incor- porate a planned land uae contributing to taxes and maay other things. The proposed station has architectural arraagement and treatment. It is very impor- tant, in his view, to make it a compatible thing to the Citq of Fridley. Theq are aot here tonight solelq askiag for rezoaing and special use permit, but tt►ey were offering a suggestion to the City of Fridley an overall plan use for land now being used and it would be compatible with the Spring Lake Park developmeat to the North. The amount of land in the rezoning request ia 1.8 acrea, which is the total parcel and 1.0 acre is the amount of land in the Special Uee Pereniit. Mr. Youngdale presented a certificate of survey. The Chairman said that first of sll, he did not thiak it ia the duty of thia Co�isaion to ascertaia whether the competition between thie particular � station and other stations in the area is something they should have to determine. Secandly. theq ehould determine whether the.uae.of the property is proper aad if not proper, if the preaent zoning is the proper one. He said they have been diecuasing proble� of filling atations for two montha, and they are becomiag a probl� to the co�unity. MOTION by Schmedelce, secanded by Zeglen, t1�at tbe Planning Coamission recom- mend to Council denial of the Rezoning Request, ZOA N71-03, by the American Dil Company to rezone that part of the Northeast Quarter of the Northwest Qusrter of 3ection 11 lying East of a centerline of Un3versity Avenue and North of the centerline of Osborne Road as said roads are now laid out and constructed (1960) from R-3 (general multiple family dwellings) to C-2 (general business areas) for the follotiving reasons: 1) There are two service stations alresdy at the inter- section of T.g. #47 end Osborne Road. 2) This is very much spot ar strip zoning. 3) Ne3ghbors and church objected at our public hearinq. a) Would create mare traffic conge.stion. 5) The Company has two ot�ier statiaa�s in close proximity. 6) No objection to the aoning that is there now. Upon a voice vote, all vattng age. the motion carried unanimously. 1�lOTION by Scvmedeke, seaonded bg Fitzpstrick, that the Planning Cammission recoma�end to Council denial of the Special Use Permit, SP �y71-03, American 0�1 Ca�mpany, to construct, on tbe Northeast �orner of Un3vers3ty Avena�e and Ogborne Road, a service stat�[on in a C-2 District per Citg Code Section AS.101, 3E. Upari a voice vote, all wting sye, the motfon carried unanimouslg. � E�uirman Ezick�on informed the petitioner that his requeets Would go to Coua�il on July 12, 1971. For the record, the petitioner said they would want a public hearing before the Council. Plannin�t Commission Meetiag - June 23, 1971 P a�e 4 3. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT, P.S. �71-02, BRIARDALE. BY RICHARD MILLER HOMES: Replat of Lots 1. 2 and 3, and Outlots ,�]. and �1i, Cochran's Addition. 4. VACATION REQUEST: SAV 4�71-03, BY RICHARD MILLER HOMES, INC.: Vacate Mc- Rinley Street South of South line of Rice Creek Road and a 6 foot utility draiaage easement described as South 6 feet of Block 3, Cochran's Addition. Richard Miller and William Jensen were present. Chairman Erickaon read the public hearing notice. Mr. Jensen opened the remarks by saying the site of the propoeed plat is a long time gravel mining operation which has beea somewhat of a thora in the City's side for a period of years. Mr. Miller is acquiring the property from Mr. Cochran and proposing to plat it in the form of single family homes. A few years ago a guide plan �as made for this area �nd adopted by the City. In the proposed plat, a few minor changes were made. The major change is the cul de sac which runs North/South on the proposed plat. On the guide plan, the cul de eac oriented East/Weat and opened on the street on the West. The shape of the grouad dictated the location of the cul de sac on Mr. Miller°s plan. The severe drop off and the grade of the atreet is much more satiefactory in thia direction, giving a modest curve instead of a straight line. Darrel Clark said that, inasmuch as the Plata i Subdiviaion8-Street$ 6 Utilitie$ Subcoamittee minutes were given out this evening with ao chance to look �, them over, he'd give a sl�ort resume. Lot laqout: There was concern pver corner lota being less than 80 feet, the required fmont footage in platting ordinance. The motion indicated the Subcommittee did not necessarily object to less than 80 feet or the interior lot of 73 feet because Mr. Miller has a house plan which will not require a variance. Street grades: The Subcor�ittee made ao deciaiona. However, the feeling was they did not want to see the grade any lower than necessary as it would cause the lowering of grades in the Park Construction parcel. Alao, lowering the grades would cause some problems with the depths of saaitary aad storm sewer to serve the Miller plat. Park Construction graded with drainage to Rice Creek Road. Alignment: In order to make an interaection four way, more right of s�A would be needed fsam Theilmana's. Chairman Erickeon asked how the etreet lined up vith the proposals theq had before. Darrel Clark eaid there was a 75 foot jog on 62nd Avenue. Aqr. Jenaen �aid that the plan for the area vae to give the people guide lines when developiag their property, but he did not think it would be looked at as a plau that could not be �odified. In this inatance, the nature of the road desiga is more coemetic than anq other purpose. People enjoy living on a street with a little curve in it. They were not attempting to cauee anq problems for anq of the neigAbors. He was not eure a four waq intersection was neceasary in thia place. The esteaeion �f l9eaj amin,Street ie the collector road for thie �,mmediate area. Perhapa if the �road going Weat were jogged a little bit to the South �., be agreeable. Planning Commiseion Meetiag - Juae 23, 1971 Pat�e 5 ^ The Chairman said th� it would be poasible for the road going West to con- tinue and aerve the properties in the West. Darrel Clark. said that 75 feet is not quite enough for a jog -- the atreet ehould be straight across or �og � minim� of 150 feet. Mr. Schmedeke said he did not vote for the approval of the preliminary plat at the Subcoa�ittee level. The firet motion, which failed, was the one he would have gone along with. This motioa would have brou�ht the petitione to the Plan- ning Commiasion without recommeadation and the public hearing would enable the people in the neighborhood the opportuaity to expreae their opinions and then, if the Planniag Co�i.esion wished, the request could go back to the Subcommittee for further study. fle believed in the same strect pattern that was euggeated for the proposed plat. Park Construction leveled their land to the gradea appsoved by the Citye The confusing part to him was the fact that the party who has the pit is proposing a plat and the oae who has graded hie land has done nothing. Thia wae why he wanted to take a long and harder look before a concrete deciaion was made. A lot of tiae waa apent on the study of the area and he would be the laet one to O.R. anything on the Theilnann pzoperty without tbeir consent. The Chairman aeked what change there was between the propoe� elevation on Beajamia Stseet, and the Park Conetruction property. Mr. Jenaea replied probably 6 or 7 feet. The purpose of that loweriag ie to provide for a graduel tranaition and limit the fill ia the lowe.�' level areas � to S or 7 feet. Chairman Erickaon said that if Bmjamin were la�ered, Mr. Carlsoxt would have to larer hia propextq. Referriag to the map, Mr. Jeasen s�id�l�=T��at eloping it into �is la�er elevation at this pointa Ths� were not oa tbe Carlson propesty. He had no quar� rel with the work they have done. The way ttie City eet the grade on that property is mos�t proper. The grade wae requested by Mr. Carlson for the purpoee of mi.ning material. fle came in for a permit aad ter� of bow he would grade the praperty. Darrel Clark said the City took his grades becauae be wae the first aae to grade hia prop�rty after the etreet plan wae adapted md found it would fit tha at�all grade of the asea vith the e$ceptioa of the Cochraa part t�hi.ch wa,� aLost a hole. Chairman Erickaon asl�ed if there was any way to develop the property with- out a etorm aewer. Mr. Jeaeen eaid that there was no way. Mr. Clark eaid there is a poaeible outlet being looked at to the North inta the preeent basins located beti►een Miseisaippi Street and Rice Cyreek Road. The portion of the etosm se�wer built for this plat xould be per�aneat, but tbe con- etruction would be in stagee. Mr. Millex eaid, regarding the co�mments �ade that they were changing the gsadee, they were not la�ering the gsadea, bat raiaing them. This was an agree- sent made between tha Council i�nd Mr. Cochran. They have not eubstituted or �` changed the gsade of Benjamia Street. fle did not think thair srading plan vae aubstaatially different from the pl� accepted by the Cw�acil •ev�eral years aao. ^ �`� Planning Commission Meeting - June 23, 1971 Pa�e 6 �r. Clark commented that �he availabilitq of the railroad exce�s fill was discussed recently and that the fill was pretty well spoken ior.. �ivwever, k�� Foun$ there is still more fi11 available. Mr. Jensen said the grades, as they appear on the proposed plat, are excsed-� ingly preliminary. At thia time all they are trying to do is to indicate some- thing practical. Mr. Richard Carlson said he worked with Bill Jensen and the Platlnit�g Commis- sion on the preliminary street plan for the area. His concern is the fact that owning property ad�acent to the proposed plat and, according to their plaas, there would be a deviation of 75 feet. If he were to proceed to develop hia property, and Theilmann would have objections in moving this ali�nment, he was concerned that it could affect the apprcvai of the develppment of theix property. ae brought up Che fill from Burlington-Northern, Inc. This material i$ ava:i�.�blg tA property owners within the City of Fridley, dumped pn their site at Ao expeu�� tp them, bu� subject to an approved plaa presented to the City Engineerin$ Dspaxt� ment. As f ar as the cost of placing fill in a lower area, he thought it would be far less than movement of the earth. Mr. Carlson said they did not care to increase the taxes due to lowering of storm sewers to provide some saleable property and developi.ng property if there ax'e other ways to eliminate sewer depths. As £ar as layout, they axe definitely in favor. Tt wiii ���e their property. As far as gradea, it is correct they brought their grades to the City. They cannot lo�er the grades to a point where the water could not have su�rface drainage. He'd lik� to 1¢naw wh$t material on the property is going to be moved or.remain. Mr. Jensen said he was trying to think if there would be eucess fi11 because q� very high mouads of material eui.sting at this time. The question was asked how much difference in elevation was the street goiAg Last/West and Stiason Boulevard and Benjmain Street. Darrel Clark said that 5`tinson Boulevard is 928, the low point is 907, the existing grade on Park Con- atruction propertq is 916. The pmoposed gaade i,e 911 or five feee lpwer thaa I'ark Construction property, aad this ie 17 feet below Stinson Boulevard. Mr. Carlson said that Mr. Miller wants to get this property moving and developed. fle believed July 8, 1971 was the Buxlingfion-Northern letting of the contract of three million yards of material available within the City Limtts. This particular locatioa, �ith the application properly submitted to the Engine�x, could be one of the first ones that could be �ill�d aa it is �'eadq. Many o� the ��.tee that ar� prepared have to have preliminary work, such as mucking out of swamps and that will take aome time prior to the time of gettiag the mate�ial o� the propertq. Mr. Carlson said the propertq owaexs in this particular area have reacted qttite v�olently for all the trucking going on, whether qou ttuck out or 3.n. Im order �o develop the property one way or anothex, there is goiA$ to be some more aon�trvction in that area. There is.the property to t1�e W�st (Chies) which needs moxe development and has excess material. i�c. Sshtnedeke asked Mr. Carlson if he had any objections �o the road be�ttg lvwered five feet or stay to level inasmuch as he was the owner. Planning Commi,�sioa Meetiag - June 23, 1971 ' PaSe 7 �-, Mr. Carlson answered tIzat he would prefer the Miller property to be x�ised 10 feet; Chat he would agree and fill a piece of land for development purposes. It would aot be quite as attractive as rolling area. He would like ta see it raised rather than lowered. Mr. Schmedeke thought perhaps if the road remained the same, it would be easier for the City to maintain. There followed a detailed diacussion of the proposed grades, existing gxadea and grades in the center of the property. Mr. Miller said that according to the proposed grade, which is the grading plaa that was done after the plan that Mr. Schmedeke has, was the latest platl stpproved by Co�3nci1. Thie was betore he came into the property. These are the gradea they have tried to work around. According to that approved grade, thexe is a aubstantial amount of the material yeC that would have to come out of thex� and would be left off. Ren Rorin, 6051 Benjamin S�reet: Se inquired about the �og in relat�oa to his property. Darxel Clark told him the jog was two blocics North of his property. The elevations discuased were in the middle of the property. Mr. Rorin asked if Mr. Miller was planniag building homes on 61st and iq ^ what direetion would he face the homes. Is the atreet propoaed on the South J,iae on his property. Mr. Miller said he had dedicated one half of it. Part of the street ia already in aad more right of waq would come from the Rorin property,. Sata Templin, 6184 Stinson Blvd.:, fle atated he was one of the older resid�nta in that communitq. He did not like to see the etreet lowered below the Park Conatruction parcel. He did not think anq of the neighbors around there waat to see aay exceas sewer costs. Their feeling is that they like to see whatever dlrt is there would be more or leas left there. fle was happy to see the plat come ia and hope it will be suce,�sfully carried through. Another citizen said he definitelq did not wa�9t to see more dirt taken out. He hoped fi11 could be added to it to bring the level up. The Chairman asked Darrel Clark if the City were prepared at this point to talk about a atorm eewer in thia area. parrel Clark said that the City has to be prepared to put in same of thie storm sewer syatem. fle wae not prepared to answer if the property were raised to drain onto Rice Creek. If these grades are going to be approved, it would have to be taken care of in this plat. There ie no question but the City would have to negotiate in order to put storm water on someoae else's �xoperty. Mr. Clark continued that the Couacil� when the las� plat weat through, a$ked that $800.00 per lot would be placed in escra� �or storm sewer. Whatevex ia �`'� epent for etorm sewer would be credited against the $800.00. Elanning Coanaission Meeting - June 23, 1971 — Pa�e 8 ,� Mz'. Miller said that his pxoblem was that if he was gaing to pay for aa� � escrow, he would like to use the stoxm sewero Mr. Clark safd if this plat were approved and Park Constxuction platted, the City would placq some storm sewer pipes in this grouad. Mr. Carlson �aid if the water could run over the surface, why clonot you leave it like that? Ted Gonsior, 1601 Rice Creek Road: For the last ten years they have taken out dirt and brought it back. fle was sick of it. He has been eating dirt all these years -- eat dust all day long: Mr. Carlson said that it seema a few years back when Cochran's plat was being discussed, and the guide plan was developed, there would be a storm sewer in to drain from Gardena and back. If you put a sto�n sewer in that area, would qou leave this2 . Mr. Clark answered that ultimatelq, there has to be a storm sewer system. The more development that takes place, the more there is a aeed for a storm sewer. You can only get by with these surface drainage systems for just so long. (�iairman Erickson told the audience that the City Engineering Department has secognized the need for a storm sewer for many years. Everqbody recagaizes the need for the development of the area. The Co�isaion would like to arrive at a ^ reasonable development and was happy to see so many people sh�ed for this � public hearing. Mr. Schmedeke said that ltice Creek Road has been warked on lately. There is a partial storm aewer up to 0'Banaon's property to handle water dowa to Central Avenueo Se was aurprised they did aot put in a larger p�.pe. Probably the City is to bl�e £cs not aeking for a larger one when the road was put ia. Mr. Clark said the ultimate outlet is to Rice Creek and not Moore Lake. There is a small di�neter pipe which runs to a ditch to Moore Lake and, at that time, it was felt to be adequate to take care of the area. Mr. Templiu asked if an overall storm sewer syste�m were put in, would the elevations be above or below what Ys being proposed in the preliminary plat aad would there be � differeace in the cost2 Darrel Clark eaid that percentage wise, there would not b� very much dii- ference in the cost aad such difference woul� be confined to a small area. Chairman Erickaon eaii that the lowest point of the aystem is between Weat Moore Lake Drive and the Gonsior propertq, being 12 to 15 feet lower than the plat. Mr. Clark esid that any pipes installed for this plat will be permanent. It will be etage coaetruction. The temporary part is the outfall, arid psc�bably will � be to the f�one3.or pond adj acent to Miesissippi Street, which maq develop � into a permanent retention pond. Eowever, the permanent outfall ia R�.ce Creek. � If the drainage is developed on the eurface, there is the possibility the etottin sewes� would be actually deleted, but the pipe will still be put in the groumd. Planniag Cou�ieaion Meeting - June 23, 1971 Pag� 9 � There will be no more construction inaide:the plat. We are talktag about 3p0 more ox less acres in the storm syatem -- we are now talking about 12 acres, The last application for Federal aid for the storm aewer project was quite eom� time ago. MOTION by Schmedeke, seconded by Fitzpatrick, that the Planning Cou�nission table until July �, 1971 the public hearing of the proposed preliminary plat, P.S. #7I-02, Briardale, by Richard Miller H�es being a replat of Lots 1, 2 and 3, BZock 3, and Outlots i/1 and #2, Cochran's Addition (Public Heaz'ing still open). Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Schmedeke, seconded by Zeglen, that the Planning Comm.�ssion con�.inue until Ju1y 7, 1971 the vacation request, SAV #71-03, by Richard Miller Homes, Inc. to vacate 1�IcKinley Street South of the South line of Itice Creek Road and a 6 foot utility and dra3nage easement described as the Soutb b feet of BZock 3r Cochran's Addition. Upon a voice vote, all voting aye, the mction carried unania�usly. NEW STREET SIGNS: The comments of the Co�isaion on the aew street signs installed on Misaiseippi Street were very favorable. They would like to see more of them in the City. Mr. Schmed�ke was given recogaition for suggeatin� the change. ,�1 MIS(�I.LANEOUS : Becavae of vacatioa schedules, the following will be abaent at the July 7, 1971 meeting: Robert Minish, Eldon Schmedeke and Darrel Clark. 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