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PL 02/16/1972 - 30343t "r - . • . CITY OF.FRIDLEY °"1 ,� PLANNING COI�IISSION MEETING _FEBRUARY 16, 1972 PAGE l The meeting was called to order by Chairman Erickson at 8:05 P.M. ROLL CALL• - Members Present: Minish, Erickson, Schmedeke, Fitzpatrick, __. Members Absent: None Others Present: Nasim M. Qureshi, City Engineer-Director - Darrel C1ark, Engineering Assistant. APPROVE PLANNING CO1�ffSSION MINUTES: FEBRUARY 9, 1972 Zeglen of Planning, MOTION by Fitzpatrick, seconded by Minish, that the PZanning Commission defer approvin9 the Planning Commission minutes of the February 9, 1972 meeting because they were received at the meeting this evening. Upon a voice vote, a11 voting aye, tlie motion carried unanimousZy. -l. CONTINUED PUBLIC HEARING: REZONING REQUEST, ZOA �72-02 �BY ROBERT L. MC --- �GREGOR: To rezone from R-1 to R-2 (limited multiple family dwellings) the .. North 824.7 feet of the Wi� of the N�, of the.NFi4 of Section 13. Public Hearing closed. � Mr. Robert L. McGregor was present. Because the Chairman was absent at the February 13th meeting, this item ' was tabled ia order to give him an opportunity to comment on it. . Mr. McGregor e�cplained that it was their proposal to put in a 43 unit Townhouse project. The plan was to take this flat piece of ground and excavate two man made pcnds, use the material to construct berms to give the property some character. It was proposed that they would do this either by pumping water from the creek with a permit from the Conservation Department or by instal- ling a well. The water, in either case, would overflQw back to the creek. In winter the drainage pon d would be closed creating two skating rinks. A warming house would be buil t and maintained through the townhouse association at no cost to the City and would be basically used for the people in this immediate area. The land is narrow and long. The people to the East have given property for dedication of the road on the East side. They would also consent to give 17 feet to coincide with this road for egress Mr. McGregor cantin�ed that he indicated they would deed to the City the back of the property that is below the 890 contour for park purposes which � would be a little over 10% of its land area. Mr. Qureshi used the projector to shora the land in the�whole area to be acquired by the City. i� P1a�aing Commission Meeting - Eebruary 16i 1972 � p� 2 . � Chairman Erickson said when the Commission first discussed this property, they were talking about a contour of 880. Mr. Qureshi said that what happened ^ was they were talking about a lower elevation at that time and the developer was going to develop all the facilities down to 880. Roger Larson, who owns the property to the East, is going to build tennis courts, picnic tables, benches and barb`ecues. Once it is built, he will turn it over to the City. He will also provide parking for six to ten cars. Originallp when this property was to Council, Council considered the zoning for_apartments and were trying to get the land to the South. The zoning didn't go through because the develoger was unable to purchase the creek bottom to give to the City. � Chairman Erickson said they were concerned with the contour lines and aot the proximity. The City should have, as a condition rezoning to the creek area. He was not so certain that any extension northward of the line would be of any advantage to the City Park. Mr. Qureshi said the only development you could.expect in this area is a wallc9.ng trail. The land below the 890 contour is very steep and fa11s about 45 to 50 feet to the creek. The Chairman wondered if the City should have more property on the top of the hill. 'I'he Engineer said that if we.had more property, it could not be used for anything more than walking. , . Mr. McGregor said the 890 contour is ahout 110 feet North of their South line. ^ The density would be under the R-2 density allowed for townhouses. The town- . houses would be owner occupied. Mr. Qureshi said the townhouse association will have to have agreements with the City. � Chairman Erickson asked Mr. Qureshi if he had any particular objection on the City's part as to the 890 contour line. The only thing he would suggest was if the petitioner dedicated the land, he also should provide a trail across his property. Chairman Erickson said then it was his understanding the developer is expected to provide a trail on City property. Mr. Qureshi said there would be no problem with the plans they have for the ponds, but Mr. McGregor would have to have a permit from the Conservation Department. Mr. Fitzpatrick added that the narrowness of the property to be dedicated by Mr. McGregor could become a problem unless the City had property on both sides of the creek. - In answer to the suggestion that a fence be put up between the townhouse area and the park property, Mr. McGregor said they would prefer not to do that. He felt that people take the path of least resistance and if a trail or walk were provided, the people would use that. The Engineer suggested this problem could be worked out with the Park Department. Chairman Erickson said that the Commission is not actually approving the �townhouse project itself, and they expect it to go before the building board. It will come back to the Comnnission with a complete concept. Planning Commission Meeting - February 16, 1972 Page 3 . � Mr. McGregor asked if the Commission could foresee any problems with the -porids and the drainage because they would have to get an agreement with the City � to drain across City property. The City Engineer said he did not expect any problems, and other details they wouZd work out with the petitioner. It would serve as a storm sewer at certain times. Mr. Minish said they could have the second reading of the ordinance held up until all problems are solved. MOTION by Minish, seconded by Zeg.Zen,_that the Planning Commission recommend app�oval of the rezoning request, ZDA #72-02, by Robert L. McGregor, to rezone from R-1 to R-2 (Iimited mu1 tipZe family dwellings)� the North 824.7 feet of the West'Quarter of the Northeast Quarter of the Northeast guarter of Section I3, for townhouse praposed development with the following stipulations: 1) That Zand South of the 890 contour be dedicated to the City. 2) Construct a walk- wag in park area. 3) Dedication of the Easterly 17 feet of this parcel. 4) Separate agreement for surface and ponding drainage with Engineering Depart- a�nt. 5) Second reading of the ordinance be withhe.Zd until the final plan of the townhouse has been approved. Upon a voice vote, aZ.Z vofing aye, the motion carried unanimousZy. � �2. LETTER TO PLANDTING CONIMISSION CHAIRMAN FROM CITY MANAGER DATED JANUARY 24, 19%2 REGARDING.PROCEDURE OF BUILDING STANDARDS-DESIGN CONTROI, MINUTES: ,—� The letter was rega�ding the minutes of the Subcommittee being presented ` to Council before the Planning Commission received them. Mr. Fitzpatrick said he was on the Subcommittee at one time. He made the comment that the Planning Commission and the Subco�nittee spent a great deal of time on the requests. The biggest objection the petitioners had was the delay. There is considerable delay already, but it is ao fault of anybody. Mr. Schmedeke said he felt to have the Subcommittee minutes before the Planning Commission before going to Council, would put a lot m,ore work on the Commission. Se would then recommend heads of the departments attend the Commission meetiags to explain the requests in order for the Commission to have a complete background on the problems. He felt there should be some way that all facts should be brought to the attention of�all Subcommittees so that they would not make a false decision. � ' Cha3rman Erickson said they feel the procedure should be left as it is. If somebody shows up at a committee and have not given a week's notice, that they shauld be sent back to the City staff so the City staff can revise the plans. Chairman Erickson said he would write a letter to Mr. Davis explaining the position of the Planning Commission. 3. STUDY: PROPOSED C�NIPREHENSIVE MUNICIPAL DEVELOPMENT PLAN: '� The City Engineer reiterated that this study is only a guide and the map used is not a zoning map. - Planning Commission Meeting - February 16, 1972 Page 4 . . Referring to the general introduction, Mr. Minish asked if they were over stating the case in saying that the Comprehensive Plan had no legal value. If ,� a rezoning were denied, he would think if the City got into a law suit, their � � overall plan could have evi8ential value, and a statement like this can be damaging. If the Commission turned down a request and the existing zoning ordi- nance was not in accordance with the overall plan, the overall plan would be in accordance with our action and make it more defensible. He could see a time , when they �ould want to use the Comprehensive Elan as evidence. Mr. Qureshi said that comprehensive plans in other communities have created a lot of controversies by misinformation. This is merely a guide and can be changed from year to year depending how the City`s thinking and development changes. The Comprehensive Flan does not rezone any property, but it does point out some areas where the City might want to chaage. If the owaer of the property agrees, the request must go to the Planning Co�ission and the regular channels. Chairman Erickson commented that Council can deny any rezoning, even though the Comprehensive Plan. suggests the way it should go. Mr. Qureshi continued that this study book is a rough copy -- the real plan- _. ning is done by the Planning Commission. The legal requirement is one public hearing. Council can discuss and adopt by Resolution or Ordinance. If Council wants to make changes and have a public hearing, they can do it, but it is not required. When once adopted, the Planning Co�ission and Council have to enforce it. Mr. Qureshi, referring to the population area, said that for the first time since the beginning of time, the suburb population is almost the same as the ,� total population of the central cities. Fridley's increase has been substan- tial. We have gotten over our greatest growth period and the growth from � now on will not be so great. Underground utilities were mentioned and the need for a criteria. The Co�ission members felt the graphs would be easier zo read if they were put together in color. Onder Housing, Mr. Qureshi said basically Fridley has a unique mixture. � Planning Commission members mentionad that there are 409 units of Mobile Homes which come under R-4, Trailer Courts. Some of the older trailer courts have personal units too close together for com£ort. The density of trailers require more area per unit than townhouses. To change the rezoning to a non- conforming use, would make it easy to eventually eliminate those which do not meet the area requirements. They agreed on the statement not to encourage loopbacks, to with detached service roads and to find some way to discourage the areas being used for filling stations. The discussion was terminated on Page 51. � ADJOURNMENT: There being no further business, Chairman Erickson adjourned the meeting at 11:3Q P.M. Respectfully submitted �zel 0'Brian Recording Secretary