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PL 08/04/1971 - 31104� PLANNING COI�IISSIO� MEETING AUGUST 4, 1971 PAGE 1 The meeting was called to order by Chairman Erickson at 8:05 P.M. ROLL .CALL: Members Present: M3niet�, Zeglen, Erickson, Schmedeke Members Abaent: Fitapatrick Others Present: Darrel Clark, Engineering Aseistant APPROVE _P_LANATING COI�IISSION �MINUTES: JULY 7, 1971 MOTION by Zeglen, seconded by 5chmedeke, that the PZa�ni�g Commission minutes oi JuZy 7, 197I be approveal. Upon a voice vote, all voting aye, the motion carried unanimously. REC_ EIVE BUYLDING STANDARDS-DESIGN CONTROL SUBCO � TTEE MINUTE,S: ,NLY 8, 1971 MOZ70N by Zegler}, seconded by 1�Iinish, that the PZanning Corrm�ission rece3ve th� atinutes of the Build3ng Standards-Design Control Subco�.ittee �et3ng of July 8, 1971. Upon a voice vote, a11 voting aye, the motion carried unanimously. RLCEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOP�QTTEE MINUTES: JULY 1. 1971 �_ . � MOTION by Zeglen, seconded by Minish, that the Planning Corrm�ission rece3ve � the minutes of the Building Standards-Design Cont�ol Seibcoauaittee meeting of Jnly 1, 1971. Upon a voiee vote, a1Z voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: JULY 13, 1971 MOTION �g Minish, seconded by Schmedeke, that the Planning Commission .receive the minutes of the Board of Appeals meeting of July 13, 1971. Upon a voice vote, a1I voting aye, the �tion carried unanimously. RBCEIVE PARRS & RECREATION COrIlKISSION MINUTES: JUNE 28. 1971 MOTION by Schmedeke, �econded bg Zeglen, thst the Planning Comm.ission receive the rninutes of the Parks 6 Recreation Co�ission meeting of June 28, 1971. Upon a vo3ce vote, a11 voting sye, the motion carr3ed unanimousZy. ORDER OF AGENDA: Chairman Erickson eaplained that there would be three changea in the agenda: 1) Take out item /�6 (Preliminary Draft of Propoaed Comprehen8ive Plan for the Citq); 2) Add realignment of Matterhorn Drive: 3) Set a public hearing date for Special Use Permit, SP #71-11, for September 1, 1971. �. PUBLIC HEARING: SPECIAL USE PERMIT. SP �%71-09. BY SOCIAL DYNAMICS, INC., JAMES LEIDICH. PRESIDF.NT: Zote 1 and 2, Block 1, Oak flill Addition, to � bui�d and operate a day nursery and learn�r►� center under Section 45.051, 3F of City Code. Planni.a�, Co�i.saion Meeting - AuRust 4, 1971 �a�e 2 i�tx. Jamea Leidich repreaented Social Ayaamics, Inc. fle said they operated �'� several daq centere in the �'win Ci.ty area -- Bloomington, Robbinsdale and Brooklya Park. They ae.�ected the piece of land located on 53rd Avenue because 1t bo�dere betweea residential aad commercial aad ie eesential�y the type of loeation ae the other three unita. The building axea ia 5,600 square feet. Ages of the children ar� generallq three to five year�. The City of Fridley has 12% oi° �child�en under the age of five years as compa�ed to about 8'�% average in Minnesota. They felt there ie clearly a need has�, aa throughout the �iin City area, for this kind of program. �"� The staff is to be a combination of licensed teachers and child profess�.onals, traiaed in child care. Oae of the great needs facing our couatry ia to eqlve soms af �he �roblems of mothers working. Two yeara ago figures ehowed 40� of the mothers were working, it is probably 50% aow. Currently, the �acilities for day care afe substandard. 80� of the children are taken care ot in private homea by unlicenaed peaple. Childrea under the age of five yeasa should be i.n a-place tun by p�ofessionals in education'and social work. This is the need they t�ey to serve. Yriir. Leidich contiaued, the day care centers in Bloomim$toa and Robbins�ale were opened in 1970, aud they are almost operating at eapacity. They are work- ing with the University of Minnesota doing teacher training. They feel this is quite an accomplishment ia less than a year'a time. The name of "day center" is mia�eading a� it ie not a cuatodial service wheze the childrea just play and look at TV. The center is open from 6:30 A.M. to 6:00 in the evening. Txaf#ic pattern: Parents bring the children to the day center from 6:30 A.M. to about 9:00 or 9:30 �i.M. Some �ome in the afternoon. They atart picking up the chil- dren betw�en 3:00 to 3:30 P.M. and it lasts until 6:00 o'clock. The center opexates five days a week. �he access to the center should be close to the flow of traf£ic from a person's residence to their job and Central and University Aveaues are essentiallq that. The day ceater takea up two of the three vacant lote available on 53rd Avenue and would be a buffer between resideatial and the large coaoanercial area to the East. The buildiag they plan to coastruct now will have 5,600 �quare feet with a lieeased capaeitq of 120 childrea. C�nters, euch as this, are licen�ed by the State under the Aepartmeat of Welfere and the Fire Marehal's o�fice. They ar� givea �amitary guides as they serve meals. The figures quoted earlier regard- i�g the percentage of children under the age of five y��e in Fridley were gotteµ from the Department of Commerce in Chicago: Regarding parking, the size of the lote is 25,000 aquare feet, 5,600 aquars feet wil.l be the building and 11,000 square feet the plaq area. The children are in the building S0� of the time, but the playground area haa swinge� sandbogee, horses and culverts. The playg�round ie fenced, and ther� would be ao children in the parking arsa. Theq 1�e room for t:welve to fi�teea cars, and provide a circular drive. Th� procedure is a drop off one, cuetomers don't leave the cara at the center. The ataff consists of ten membera at one time,half of these drive. There are a few extra spaces fox visitors. The Engineering Assietant explained that the requ�at for a special use �"'� permit does not apell it out to the letter that this request is a special use P�anning Commission Meetin� - August 4, 1971 � Page 3 in �n .R-1 District,, but i� was fe�t they �ould rather not have this land rezoned , � 8nd then ask for a special use permit. It would be better to have the day center � • under the present zoning. _ Mr. Leidich said that �he day car� center in Bloomington is across the s��eet from a supermarket, and it operates there under special use permits. It is dif£icuit to characterize the day center as either commercia#'^private school. �'he fee is charged by the week. Ch�irman Erickson said that in R-1 District additional facilities were � allowed. Anoka County runs a day center across the street fro� Rice Creek School, but it �.s gpvernment owned. Chairman Erickson asked Darrel Clark about th� possibility o� getting utili- ties. Mr. C1ark said that there 3s water and sewer available some dista�ce from the �.ot. It will have to be a Council decision as to whether or not it ��ou�.d be �un f�om the area to the �iorth. Th�re would be no need of a petition for water and sewer unless the use is permitteci. The sewer is deep enough, 400 feet from the corner of the property. It goe$ North up to Hwy. �694 to a lift station. The aewer stops about in the middle of the Target Store. This wauld not be that much closer to make it preferable. A sewex lift statian sexviae along Target $tore was designed to take care of this area. Th�e 600 aquare fe�t on the second floox af the bui.lding would be us�d for t'emed�.al reading. ^ Mr. Ruasell fledge, 649 53rd Avenue (Lot 1, Bl. 2): He said he c�wned the hous� � . adjacent to the propoaed building. There is heavy foot traffic through - �he vacant lota to the Targe� Store and he wondered if there wexe any means of alow�,ng it down. • Chairman Erickson was told the entrance to the day center would be from tbe T�get side on 53rd Avenue. Recommendations would be made along that line. .rlr. iiedge said that b�tween his property and.. the Target S�ore are three __. , vacant 1ot$ aad a street easement. There is a ditch through tl�ese lots and they ar� low. Ii the day center is ytoinrt to be built on th� two Easte�ly 1Qts, .will the third lot became a catch all? . Th� Engineering Aasistant explained that there ia a, culvext on 53rd Avenue. . 'That pipe Will h�ve to be either extended to t�he North.to pick up Target or to � the Eask tp the existing parking 1ot atorm sewer. ' Mr. Redge asked i� the fence running along the property would continue to the end of the second and third lot.. Mr. Leidich said they would completely . fence their own property. , • Ms. fledge said they have had three broken w�ndows so far t�is yeax. There ie a natural path to Target, and the proposed building will be nearly on it. Ss �eit the people would go through the lots even more. The average age of the . �respassers was 15 years. � �, The members of the Commission, Mr. Thomas Baker (Lot 6, B1. 2), Mr. and Mrs. . H�dge d�.scussed the trespassing problem using a Half Section for reference. � P1 ,ann.in� �ommission MeetinA - Au u�st �, 1� 971 Pa�e 4 Mr. A1 Baraett of Target Stores aeked what wauld happen to the swamp. Mr. Clark said the land was zoaed R-1 aad the owaer was Joha Glover. Sheldon Mortenson was taking care of his affairs. MOTIDN bg 1�linish, seconded by Zeglen, that the Planriing Coaaaission close the public he�ring of the Special Use P�rmit, SP #71-09, ,by Soci�l Dynam.ics, .In�.� ,7ames Leidich, ta build and operate a day nursery and lesrn3ng center �der Section 45.p51, 3, F of the City Code on Lots 1 and 2, B�ock 1, Oak Ei11 Addition. Upon a voiae vote, a11 voting aye, the motion carried unani�usly. Chairman Erickson asl�ed for the location of the lesrning center in Robbine- dale so that those membera who could would visit it.•� Ms. Leidich said the �dd�ess wae 4012 Adair Avenue, acrose the atreet from the Jeaaette A. Fair �lementary School (3915 Adair) and located betweea two hames. Chairman Erickson said he would like to view one of the facilities, and while waiting for two weeks before the nest meetin�, request an opiaion from the City Attosney as to whether or not the Com�isaion can interp�et the Citq Code by approvi;ng the request in R-1 District. MOTION by Minish, seconded by Zeglen, that the Planning Commission table for two weeks (August 18, I971) the request for a Special Use Permit, SP #91-09, by SxiaZ Dynamfcs, Tnc, by James A. Leidich, to build and qperate a day nursery and learning center unc�er Section 45.05Z, 3, F of the City Code on Lots 1 and 2, B1ock 1, Oak 5311 Addition. Upon s voice vote, a11 voting sye, the xaotion carr3ed n unani�usZy. 2. REQUEST FOR PUBLIC flEARING: ZOA �71-05, REAL ESTATE 10, INC., FRANCIS J. GIRDLER, PRESIDENT: Part of Lot 5� Auditor's Subdivision No. 25 to be rezoned from R-3 (general multiple family dwellinge) to CR-1) general office and 1ij.mited business) . Darrel Clark said the Commiasion was naw dealing with a parcel of grnund that had metes and bounds description aad not approved by the City Council,. There is the questipn of the legalitq of the lot split which reaulted from the apartments being built simultaneously with the platting. Mr. Girdler said that he waA not aware of thia problem. Chairmaa Ericksoa said that, in order to sp�it asseasments, a lot spl�.t ia xequired by the City. Evidently what happened was that part o£ the property wae �old and parx of the property was never asseased. If this is the case, the owner should be willing to split the lot. Darrel Clark said that you reallq have to stretch the lat split o�dinance to legallq fit the lot split division. (Mr. Girdler atated the title was abetrsct.) Beraard Julkowski had the plat approved but fouad some title problems and cottld not record it. The apartment house had been bui.lt on the premiae that the plat would be recorded and this parcel ia the result of the apart�ent house aplit. If all the o�mere could go together and plat, lot for 1ot, there would � �, be a lot and block description. � The Co�ais�ion and Mr, �irdler checked the final unrecorded plat. Platunin�, Commiesion Meetin� -�ustust 4. 1971 Pa�,e 5 Chairman Erickson said that there was no proposal at the time of the. plat � ts� do anythiag with this parcel. Naw the description reads "Lot 5, except �hat �axt --r------", a metes and bounde description. It seemc.d to him that matter should be resolved. If the Gommieeion and Council deeire to act favor- ably oa the request, they should put in whatever conditions they want as far as the descriptions are concerned, but he thought the matter of tMe petitioa should be considered first. He could not see any sease talking about the neeessitp of filing a plat on that one lot until the request for rezoniag ia � re�solved. MOTION by Zeglen, seconded by Schmedeke, that the Planning Comatission con- firm the date of August 18, 1971 for a pvbZic hearing of a rezoning request, ZOA f�h?1-05,�Res1 Estate 10, Inc. by Francis J. Girdler, to rezone part of Lot 5, Audi�toz�'s 5'ubdivision No. 25 to be rezoned from R-3 (genera2 multipZe family dwellings) to CR-1 (general office and limited business). Upon � voice vote, a11 voting aye, the motion carried unanimously. 3. REQUEST FOR PUBLIC HEARING: ZOA �i71-06, DONALD W. REESE: Lot 16, Block 1, Reviaed Auditor's Subdivisioa No. 10: Rezone from R-1 to R-2 (double buagalow�• Mr. Donald W. Reese was present. Chairman Erickson said that he wanted Mr. Reese to be aware of the set- backs required undex R-2. Mr. Reese said he had been briefed by Mr. Herlofaky, and that theq do not plan ta build for a qear. He said theq had been looking for property for a qear. They gave up on zoned property. The realtor ran an ad that this lot could probably be rezoned. Chairu�an Erickson said that the setbacks on the property on the Eaet hae to be considered. All of the houses East are setback further t}�an 3S feet. Mr. Reese would have to have a waiver of the ordinance as he could not be more thaa sig feet ahead of the houses on either aide. Mr. Reese said if the rezonin� request weat through, theq thought that eventually they could split the lot into two lots. Chairman E�ciciceon eaid there is the poseibility it could be done, but there would be no room Eox a street easement. The lvt for sale just South of this property has a driveway, but it is only a driveway. There are other problems at the East of thia area. There is no sewer on Central Aveaue. Water is oa ths other side of Central, but thie line could be extended. There is sewer down the middle of 69th Avenue from Central Avenue to the City Limits. Mr. Reese should retaia an easement to go from the_back of the lot out to 69th Avenue. MOTTON by Zeglen, seconded by Minish, that the Planning Commission confirm the public hearing dste of August 18, I971 for the rezon�ng xequest, ZOA #71-06, by Donald W. Reese, to rezone from R-1 tc R-2 (double bungalow) �,ot 16, Block 1, Revised Auditor`s Subdivision No. 10. Upon a voice vvt.e. a11 voting aye, the motion carried unanimously. � Plannin�Commiesion MeetinA - Aut�ust �, 1971 , Page 6 � 4. MOTI0IV by S�hmeaTeJce, secondeed by llinish, that tbe P1ann3ng Co�ission rpceive the l�tter fzom Winston W. Jacobson det�i Ju.Iy 18, 197,1 regarding 1ow swamp land lvorth of 79th ,Avenue between ilniversity Avenue and Burlington-No�thern Ra33rosd tracks. Upon s voi�e vote, aZl voting aye, the �otion carried unan.��usl y. � 5. The Chairmaa reque$ted the item be put on the August 18th agenda. �Y MOTION by 5chmedeke, seconded by Minish, that the Planning Co�ission receive the letter from 11ens Sondhe3mer dated July 25, 1971 to Robez�t Minish regarding treatment for Substandard Lots. Upon a voice vote, a31 voting age, the mat.ion carried unanimously. Mr. Minieh explaia�d that at the Board of Appeals meeting of July 13, 1971, there were two zequeats for a building permit for construction oa aubstandard lots, and in this same area are one half dozen more lots in an identical situa- �ion. If thQ Board had acted favorably on them, there would be ao basie for not actiag favorably on ctthers. The Chairmaa suggeated the firat thing to do in getting etarted on this study is a survey of the substandard�lots in the City of Fxidley. Darrel Clark commen�.ed checking ownership of the lots and whether ox not it has been chaaged. Aa most of the lots are tax forfeit, it is too bad the geople next door do aok eee the need for purchasing them. Chairman Erickeon said the question of the City allowing ta� forfeit lots to be put back oa the tas role and then saying to the purchaser "qou can't use them" p�abably would not hold up in court. Mx. Schmedeke felt the lots could be used with a sm�ll home built on them. Pevp�e have built small homes for qeara. We would rather have theee lots back aa the ta�c rolls. Mr. Clark felt that 90� of the substandard lots are eorner lots. A forty foot lat in the middle of the block would nat present as great a problem ae a corner lot. Tentative commenta: Ome suggestion wa� to reduce th� required size o� the houae and set up guide lines. A hardehip could be considered if the adjaceat pxo pert y owner refused to purchas�. Stipulate how many bedroome a house could have. Check to see how maay 40 foot lots are vacant and ia what zon ing d ietr ic t. R�commendati,on fxam the City Attoraey what stipulationa can be legally imposed. IIee of adjacent lots and typea of housea. n Coatinued to August 18, 1971 agenda. plan�ing Commissian Meeting - August 4, 1971 F$ge � . 6. , SET PUBLIC HFFARING DATE• SPECIAL USE PERMIT, SP �71-10, VIKING CHEVRO�ET: ' New and Us�d Car Sales on Parcels 2850, 4360 and 435Q, 5ection 12, as per • Gity Code, Section k5.101, 3, B in a C-2S District. MQTION by 5chmedeke, seconded by Minish, that September 1, 1971 be set as the public h�axing date for the xequest for a Special Use Permit, SP #71-10, Viking Chevrplet for a new.and used car sales�on Parcels 2850, 4360 and 4350, Seation �2, as per C�ty Code, Section 45.101, 3, B in a C-2S Di�trict. Upo� a voice vo�e, all voting aye, the motian carried unanimousZy. 7t �RE,ALIGNMENT.OF MA.TTERHORN DRIVE BY GRACE flIGH SCHOOL: Mr, Clark eaid that Grace High School has asked that Matterho�n Arive be realigned so that the road connects to Gardena Lane and will separate a row of pTaposed lats on the West and the recreational field on the East. The City would retain a 20 foot utility easement and rededicate Matterhorn Drive. Chairman Erickson said that Matterhorn Drive has been one of the good factors in approvi�g the Viewcon proposal. Improv�ng of the street w�.11. have to be imperative. Grading probably will take place this fa11. This was pxoposed a�l the way to Matterhprn Bridge as a collector street for the present vacant prqperty. The Church will plat the Easterly portion abutting thQ residential houaes iato lota. �1 • d70�'ZON by Minish, seconded by Zeglera, that the Planning Conaaission recom- • mend�Matte;horn Drive be vacated, that the City retain a 20 foot utility ease- y ment and accept the dedication of the new location of Matterhoxn D,r3ve. Upon a voice vot�, a11 voting aye, the motion carrfed unaniarously. - ADJOURNMENT : � There beix�g no further busineas, Chairman Erickson adjourned the meetimg ' at �.o : zo P'.M, ' Respectfu�l,��.y sG� ubmttted C�' 67iw��_ Haz 0'Brian Recording Secretary �, �. , f � — . . � 1 � � � -_-__ _ . _ __ _ ___ --- ---- _------ — -- f, - -- - _-__ ___ � � � __ _---.. � __ ..---- � ------ _ '�/d �� _'����L- �- � �---_ '�� -- -_ _�5 -- � �-- .. . .. _. _ .. . . /�� d ������� / . _ _ _ _ _l �,��i -- � __ - _ __ ___ _ __ ___ r - - - - -- __ _ _ _ _.. _ _ � -` .�' � i ��i� � � �����_ _ ___ , � �-<�,�,��► ,�.� . _ dli�. ��, ��,,� � _ __ ---- _ __ - _ ____ _ - - f,���___ GG. _ - --- ---- --- _ � - _ _ _ _ .-- �: __ ___ 7� �s� ��1 �s_- -��� __ ._ _ - - -- . -� '� �-� _ �_� � - - -- - - � -�-�.� ---------- -- - — � _ ��_--��__�� � _— _ -- _ ����c-�-� _ %���� �- ` 3 � � -- _ _ _ _ __ __ - - � s _ _-- -�%.s,�.t_ - .t� � G�`� ( ___ _---- _ __-- ; _ __ _ __ _ _ _ __ _ _ , _ _ . _ _. __ . _ _ __ -- __ __- -- _ __ _ __ � ____ ___ . __- -- ___ -- -- __ -- __ _ __ 1 _-_ __ _ __ - -- - - _ � _ _ . ____ � __- -- _ _ ___ _ _-- ---- - _- _ { _ _ . _ -- - __ � --- - _ ___ - r- __ ___ . __ _ _ __ _ _ _ __ _ _ ___ _ ___ ___ ___ -- ._. _ _ -- - -- ___ __ -- _--- , -- -- --_ _ _ __ _ __ _- _ _ _ _- , _ __ _, _ __ , _ _ _ __ __ _-- �