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PL 12/06/1972 - 30362^_ � � CITY OF FRI�LEY PLANNING COMMISSION MEETING CALL TO ORDER: DECEMBE1t 6, 1972 The npeeting was called to order by Chairman Erickson at 8:00 P.M. ROLL CALL: Members Present: Erickson, Minish, Fitzpatrick, Schmedeke, Zeglen Members Absent: None Others Present: Darrel Clark, Community Development Administrator PAGE 1 APPROVE PLANNING COI�IISSION MINUTES: NOVEMBER 22, 1972 MOTION by Minish, seconded by Schmedeke, that the Planning Commission approve the Planning Commission minutes of November 22, 1972. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF�APPEALS MINUTES: NOVEMBER 28� 1972 MOTiON by Minish, seconded by Fitzpatrick, that the Planni:,� Commissivn receive the minutes of the Bo�rd of Appeals meeting of Novetnber� 1�3, 197�. 'lpor_ a voice vote, all voting $ye, the motion carried unanimously. 1tECEIVE BUILDI�TG S�ANDARDS-AESIGN CONTROL SUBCON�II.TTEE MINUTES : NOVEMBER � 21� 1972 MOTION by Minish, seconded by FitzpatriCk, that the Fianning Commis;ion receive the ma.nutes of the Buil.ding Standards-Design Control Su.bcommittee minutes nt November 21, 197a. Upon a voice vote, all voting aye, tt�e mot�on carried unanimously. � 1,. PTJBLIC HEARING: PROPOSED REGISTERED LAND SURVEY, P.S. 4�72-06, 3Y DONOVAN A. SCHUL'�Zi �teplat of Lots 1 and 2, Block J,, Edgew�ter Gardens. MOTION by Schmedeke, seconded by Zeglen, that the Planning Comm�:�sion waive the reading of th� Pubiic Heari�g Notice of P.S. #72-OE by �onovan A. S�hultz. Upon a voice vote, all voting aye, the motion carried unaniraously. Mx. Iiarry Ailwo�th, attor�ey, was presen.t to represent the petitioner. M�. Donqvan S�hultz w�e also present. Mr. Dilwqx�th said he was not goin� to make �. pxesentation but was here to answer any 4uestiv�s the Commission might have. , Mr. Dazr�l Glar1� said M�. Schultz was in earli.er this yeax on a lot split. Th�q touched on thits p�ableta w�.th the lake shore. At that time we thought this �, w4ttld ix�volve otk�e� peaple wi�h �ake ahare ��operty. Apparent�.y Mr. Schultz �pund it d3,fficu�.t �o work wi.�h that large pf a group of peop�.e so he has dec�ded to talte Ga�� o� t�is own p�ablem, on hi� own lot, Mx. Schu�.tz has a pur- chase agre�ment wik�h M�. Ot�p Qstma� �ubject �o app��oval of the Registered � Planning Commission Meeting - December �s 1972 Page 2 � Land Survey. This item was before the Plats & Subdivisions-Streets & Utilities Subcommittee last evening and they recommended approval if Tract A and D became one parcel and Tract B and C became one parcel. '�his was to eliminate the problem of one of the Tracts going tax forfeit. Chairman Erickson asked the purpose of this request. Mr. Clark answe�ed that a privata party owns the lake and if the lake recedes Mr. Schulta would have the problem of someone owning property between his property and the lake shore. Mr. Clark said he had sent a notice to �he Rice Creek Watershed and had got nothing back. He also sent a nptice to the Division of Waters and Resources and had a phone call yesterday from Mr. Ray Schultz who said they had no objection provided they still had contxol of the land under the w�te�r. Mr. Dilworth said the present legal descxiption is subject to perpetual easement to the City of St. Paul and its Water Comnai.ssioners, to raise or � • �ower the lake accordin� tq the needs of St. Psul. If th�s were to be eradi- cated from the descript3.on, Mr. Dilwo�th felt this would lead ta major problems. Mr. Fitzpatrick asked how the North property line was established. Mr. Clax'k said it was the center line pf Rice Creek before th� lake was made. It has been the lot:'1.ine since it was established by survey st the date of the Edgewater PXat. Mr. Ailworth said as this is torrens property, the boundaries of this propexty cann�ot change. � Mx'. Erickson said the City was asked to pay some of the ��ense of repairs � i on the dam. What would be the position if all the property owners around the l.ake have ownership. Mr. Clark said whether this is privately owned by Mr. OStman or Mr. Schultz, it would be the same thing. �� ,�, Mr. Schultz said the dam permit was taken out by the City of Fridley. Otto Ostman was refused � perm�t to bui�d the dam, so �he City owns the dam. a Mr. Ericksqn asked i� Mr. Schult� was pxepared to al�ow the-�ity to flood th� lake to keep the water� level up. Mr. Schultz �aid he Y►ad spent a lot of money �o k�ep Lpcke �,alce wet. Mr. Dilwo�t� said they had lieen in contact with tk�e Rice Creek Watexshed people and they ars having a bad problem keeping the lake �rom filling in. The lake was 1.O to 14 feet deep�and now it is u�s�er 4€eet. They have addressed the Rice Cree}c Watershed on how this can be stopped or reversed. Ttaey have a geo�.og3.st's estimate that there will be np �pc�.� Lake �.n f ive yea�s� . , M�. Erickson said if this request is �xanted, tk�e qri.�inal plat and ease- �aents would not chang� �o� any public or p�ivate w�ter rigt�ts and they are xeserved as establish�d• We axQ not allowing the petition�er �o fill the �a�d so th� lake wauld reerzde. r�pTZON by Fit�p�trick, seconded by Minish, to Clase th� Public Hearin� of the �'�oppsed �tegistered I�and Survey, P.S. #72-06, by Aonovan A. Schultz. Upo�i � vqice vote, all voting aye, the mot�on car��ed unanimously. Planni.n� Commission Meetin� - December 6$ 1972 Page 3 �'`, Mr. Schmedeke said that the Plats & Subdivisions-Streets & Utilities Sub- committee had approved this request subject to the approval of the Planning Commission. The lake shore was merely ch$nging ow�ership, and they wexe not harm�ng anyone, mainly the City. They all understood what he was doing and why. ' MOTION by Minish, seconded by Schmedeke, that the Planning Commission r�ec�mmend approval to Council of the proposed Registered Land Survey, P.S. #72-06, by Donovan A. Schultz being a replat of Lots 1 and 2, Block 1, Edgewater Gardens with the stipulation that Tract A and D become one tract ar.d B and C become another tract. This action is not to be construed to in any way change the Locke Lake shore lit,e. Upon a voice vote, all voting aye, the motion carried unanimously. 2. PUBLIC HEARINGo RE(2UEST F0�2 REZONING, �OA ,��72-11, BY UNIOIV OIL COMPANY: 5695 Hackman� Avenue to rezone from C-1S (local shopping) to C-2 (general business). 3. FUBLIC HEARINGs REQUEST FOR A SPECIAL US� PE���', SP ��72-18, BY UNION OIL COMPANY: 5695 Hackmann Avenue to construct a conv�nience store and continue the service station. Chairman Ericltso�i ��d tYle requ�st foi� the �tet�oning and Special Use Permit �rauld be heard to�ether. � I�OTION by Scl�fiedeke, seconded by Fitzpatrick, that the Planning Commission �'� waive the reading of th� Public Hearing N�tice fbr rezoning, ZOA #'12-18, and �i',1" the S�ecial Use Permit request, SP #72-lli b� Union Oil Compaf�y. Upvn a voice , vote, all voting aye, the motion carried unanimously. Mr. Glen Hubbard, Union Oil Re$1 �state Developer, was present to represent Union Oil Company. • Mr. Clark sai-d this is a result of a tXaffic pattern study made by the C�ity, County and State Hi�hway pepartment because of the traffic'hazard at this iAtersection. The zeaso�tfpx the study was that al� paxties involved felt the pxesent service driVe is i�ot a good traffic situation. We h�ve worked with ' Unioxt Oil to develop a serviee drive around behind the site including various islands to control the tr�ffi� f�.ow. T�ie.result of this is that Union 76 would like to reloGat� tt�ei� structure on the sits. We are still negotiating with the Highway DQpartmen� o� the utility easement�. �To structures would be on the xight of way. The whole parcel is zoned C-1S. The reason for the rezon�.�g request is to h�ve th� proper zoning classification �or a service s�at�.an, �x. Exi��C�on �aid the C-1S zoning �lass��icatio� wou�.d allow the conv�=nience sto�e. '�e� tqtal site was 3/4 acre. Mx. ��axk said they would be losin$ one thi�d of it �o it wvuld be somethin$ leas than half an aere. I��r. Louis H�sdiund, 930 Ha�kmann Ave.: He saicl he owcled th� property a�ext to t�� o�l s�a��.otn. Tl�e�� w�ta a].0 foo� pla�t�.ng sx�ip and a fence betweep his p�ope�ty a�d �he �t�t:�pn. The �ure Oi�. �ompany had put up th.e fer�ce anci � he maal,mfi�in� i�. 7'k'ha neW ser�rl.ce raad w$11 �liminate ti��.e buffer between t�,� st�t�on and his� px�p�xty. He didn't w�nt it. He w�s also cancerr�..�d if Platining Commission Meeting - Decem�e� �, ���� Pa�e 4 �, the service station sold the property what other kind of general business could be using the site. Mr. Clark said Chat all the govermental bodies concerned wanted the ser- vice road changed. Chaixunan Erickson said we have two requests here, one for legalizing the zoning for � service station and one for a convenieAce store. Now we are talk- ing �bout the lqopback that was not mentioned in the requests. Mr. Clark said tha� he would assume �k�at the Union Oil Company would dedicate the land for the loopback if they have a usable site for their station, but if the requests aren't granted, they would not want to dedicate the road. Mr. Kenneth Fletcher, 5930 Polk Street: He asked what th� reasoning was in creating the loopback. Mr. Clark answered that it was to ina�e more stack- room. It wiJ.l bring the traffic closer to Mr. Hedlund`s and Mr. Fletcher's , property. Mrs. Hedlund said that if the road was going to be moved, they would want a copy of the survey to see how close their house w��ld be to the street. Mr. Clark said the clasest comer would be 24� feet. � Mr. Hedlund asked if the road were pu't 3n, would they be required to fence �� it. Mr. Clark answaxed that could be made a stipulatipn. � Mr• Fletchex thought they could find �n alternate plan. He thought the grqposed plan woul.d make the situation worse. Mr. Mini.sh asked at what stage the plan for the �.00pback was at now. l�ir. Clark answered that the State Highway I?epartment wi�l build the road if the City furnishes th� ;ight of ways. Mr. Schmedeke sai,d he didn't think the Planning Co�ission could make any xecommendat�ons qt� this until all the people affected were not�fied. Chairman Erickson said this intersection had been di�cussed for over a year. The City has to come up with a solution. Iie did ag�ee with Mr. Schmedeke, however. MOTION by Zeg1eA, secoT�ded by Fitzpat�ick, that the Planning Commission qontinue th� Rezon,in� Request, ZOA #72-�..1 and the �equest for a Special Use Permit, SP #72-18p by [Jnior� Oil Company until December 20, 1972 so that the Qxoperty aw�e�+s af�ected b� the loopback can be notified. Upon a voice vote, all vot�ng �ye, 'th� motiqn carried unanimo�sly. �►. 5• R,eplSt p� I,�Ot 13, Auditor's th �Avenue a�d C�entxa� Avenue. ) •Y• ! � oA v���. ���� I� �s� v�� e-w—v —. � —�-+! _`_ . ' . _ ram C�].S (loc�� shoppi�g) t�p lt 1(��n�J.e fainily dwellings) . Flanning Commission Meeting - Decembe� �9 1972 Page 5 '� Chairman Erickson stated that these two items would be considered together. MOTIqN by Schmedeke, seconded by Zeglen, that the Planning Commission waive the reading of the Public Hearing Notice for the Proposed Preliminary Plat, P.S. #�72-07, Jim Lund Acres and the Rezoning Request, ZOA #72-12 by James Lund Constructior3 Co., Incorporated. Upon a voice vote, all voting aye, the motion carried una�3imously. James Lund was present. Mr. Clark said the Plats & Subdivisions-Streets & U�ilities Subcommittee , had recommended approval of the Proposed Preliminary Plat, Jim Lund Acres, , subject to the Planning Commission approval of the rezoning of the West 250 feet of Lot 13 from C-1S to R-1. Chairman EXickson asked Mr. Lund if the entire tract will �e R-1. Mr. Lund said it wou�-d. He eaid he couldn't find a commerccial use for the axoperty. The special �ssessments for the entire pr�perty seemed to deter commercial development. He feels that the property �311 be used when it is zoned for residential use. Mr. Clark said the land zoned commercial around Mr. I.und°s property is vaca�t. Mx�. Minish said there might be some disappointed property owners if ' the 1.and around it dev�lops. It was noted that ther�e were other single family ,—� dweJ.lings in the general area. � ��' Mr. Lund said he wquld like to have the house that would be built on the . cqxner of 75th Avenue and CeAtral Avenue face 75th Avenue because of the traffic problem. MO�ION by Schmedeke, se�onded by Zeglen, that the Plamning Commission close the Public Hearin� of the Proposed Preliminary Plat, P.S. #72-07, Jim Lund Acres, by James Lund Construction Co., Inc. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Schmedeke, seconded by Zeglen, t'hat the Planning Commission close the Public Hearing of the Rezoning Request, ZOA #72-12, by James Lund Construc- tion Co., Inc. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Schmedeke, Seconded by Zeglen, that the Planning Commission recommend tp Councal approval of' the Proposed Preliminary Plat, P.S. #72-07, Jim Lund Acres, by James Ltuld Construction Co., Inc. being a xeplat of Lot 13, Auditor's Subd.ivisi�ai� #129. Upon a voice vote, all voting ay�, the motion c��r�ed unanimpusly. NjOT.ION by Schmedek�, seconded by Zeglen, that the planning Commission �ecom�end to Council �,�p�oval of the Rezoning Reques�, 20A #72-],2, by James Lu�3d Construction Co., Tnc. to rezone the West 25Q �eet of Lot 13, Auditax's Subdivisioi� �129 from C�-1S (local shopping) to R-.� (�ii�gle family dwellings). E"� Upon a voice vote, a�]. voting aye, the motion carx��ed unanimous�y. �'1 Plannin� Commission '_�Ieeting - December �a, 19 i 2 Page 6 6. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #72-19, BY FRANK GABRELCIK: To continue the existing Use as a Used Car Lot and conduct an inside Repair Garage Shop to be located on Lots 6 thru lU, Block 28, and Lot 16, Block 21, Hyde Park Addition per City Code 450101, 3 B, D and G. MOTION by Fitzpatrick, seconde:i by Schmedeke to waive the reading of the Public Hearing Notice for the reque�<t of a Special Use Permit, SP #72-19, by Frank Gabrelcik. Upon a voice vote, al1 voting aye, the motion carried unanimously. Mr. Gabrelcik an� Atidrew Kohlan, representing Mr. Gabrelcik, were present. , Mr. rohlan said it was his understanding that the reason for this request was because the ordinance has been amended to require a Special Use Permit for a used car lot. This property has been used for this purpose for a long time with the exception of the one lot North of 58th �,venue (�ot 16, Block 21) and the two lots on the South end of the property, Lots 6 and 7, Block 28. The purpose is to establish some guide lines on the use of the land. Chairman Erickson said this property is presently zoned C-'L, general business. Iie wondered why he needed a Special LTse Permit �I�en� Mr. Kohlan said the business is a legal non-conforming use that has been estab°lished for some time, in fact, long before the zoning ordinance itself � was established. There is a licensing requirement and one of the requirements for obtaining a license is to get a Special Use Permit. , � � Mr. Clark said the grandfather clause appZies to Lots 8, 9 and 10. Mr. Gabrelcik had just purchased Lots 6 and 7 a couple of years agq and also the one lot on the North side of 58th Avenue. Mr. Kohlan said they have been asked to show what part of the lots are used and what part of the lots are to be left vacant. Mr. Schmedeke asked if these requests covered two businesses. Mr. Kohlan said the inside repair shop is leased. One part of the building is used for the �epair business and the other part by the used car lot. Mr. Kohlan said there was an annual reviewal for the license required, but if the 5pecial Use Permit was granted that would continue in effect. Mr. Minish said �he number of cars on the lot seems excessive, and the lat untidy. If the Commissian Calces action on this request, they would want this condition improved. 1�. Gl�rk said what is needed is a�lot plan on how he intends to use the property. There is a new licensing ordinance on used car 1ots, but he didn't knqw �f �t was adopted yet, as a reading and publication had to take pl$ce. Chairman �ricic�on said the Spec:�al Use Pe�tai� could be issued under the present oxdinati�s, but the CO�aissioa should have a plot pl�n showing wliere the e���ing building ie and what lots wi3.1 be used �or the used car lot. �� l+�r. Glarlc �aid if Nj�. Gabrelcilc would come in, the Ci�y Staff would work wi�� h�m �o px'spare t.��,� P�.ot plan. Planain� Commission Meetin� - December 6, 1972 Page 7 ,,;,� MOTION by Minish, seconded by Zeglen, that the Planning Commission continue the Public Hearing for a request for a Special Use Permit, SP #72-19, by Frank Gabrelcik until December 20, 1972. Upon a voice vote, all voting aye, the motion carried unanimously. ,'"1 ,''1 7. SCSEDIILE MEETINGS F08 FRIDLEY MUNICIPAL COMPREHENSIVE PLAN: Mr. Darrel Clark said we have called several communities to see how they scheduled their Comprehensive Plan hearings. All had only one hearing except Richfield. They said they %ave been having hearings for two years and if they had it to do over�again, they would have scheduled it for the one meeting. Most of the communities did the same as we did,.dividing the City into areas. If one area needs more time, you can continue the hearing for that area. Mr. Clark said that in som� places it went to the Planni.ng Commission for hearings, then to the City Council for hearings, and some of it came back to the Planning Commission for more hearings. . . Chairman Erickson thought it would be best if the Planning Commission could have the hearings anci send the plan to Council with the Commission's own recommendations. Mr. Clark said they also did not send notices to all the people. It was well advertised in the paper and editorials were written. Mr. Schmedeke thought it was important to emphasize that this is not a rezoning hearing. Chairman Erickson thought the Comprehensive Plan should be comp�letely explained and the people told if theq have any questions before the hearing to come to the City Staff. He also wanted it clear that they were not going to be fhere to discuss the North Park issue. Mr. Clark said probably a notice could be sent with the City calendar which w�ll be going out soon. Mr. Schmedeke said we will be looking at a Comprehensive Plan again in three years. What we don't accomplish with this Comprehensive Plan, we will have a chance to look it ali over again then. Mr. Schmedeke mentioned that some of the Planning Commission members' term of office is up the first of January. He thought it best if the present members stay on the Commission until the public hearings were through on the Comprehensive Plan. He said it would be hard for any new member to familiarize themselves with the Plan on such short notice. Chairman Erickson said he thought a letter should be sent to the City Council requesting that the new members not take office until after the Comprehensive Plan hearings. C_h_airman Erickson set the hearin� for Januarv li, 1973 at 8•00 o'clock P.M. in the Council Chambers on the Comprehensive Plan The members concurred. Mr. Clark asked Mr. Erickson if he would check the editorial for the paper and it.would be shown to the other members before it goes to the papers for any additions they might want to make. ' � � Planning Gomsaission Me�tint� Dece�abex� � fl 1�72 Page $ � 8. ADDITIQNAL DISCUSSION: Chairman Erickson said the Cotmnission is continually gett3.ng requests for rezonin$ �hese service statians. I have �.alked to Mr. Herrick as I would lilce tp see the oxdinance chariged to grant a Special Use Permit for non-conformin� Use regardless of the zoning. Mr. Fitzpatrick s�id �hat would save a lot of time. Mr. Clark said they can continue as a non-conforming Use until they want to make some ch�nges. Chairmaz3 Ericksan said he felt that when we change the zoning classifica- tiqt�, it could adversely affect the area if the station went c�cat of business. Mr. Minish asked if the loopback on Centxal and Hackmann �as the optimium pJ�ano Mr. Clark s�id that nv matter wher� the loopback. goe$ in, it will disrµpt so�aeone. M�. �itzpatrick wondered how good a pl� it was. Chairman �rickaon said he thought it l�ad too many �.elands. M�� Minish said it did not st��.ke him as a.good p�.an. Darrel �lark �aid in this �oopback he thought the uAion Oi� Compa�y wou�.d give the �an�i if they could relocate their building. If the City had to buy the Xight of way, it could be expensive. The She�l Oil right pf way cost the ,� C3ty $22,5QQ. �� Ch�,irmau Erickson asked if the pol�ce depar�ment aou],d quietly take a �xaffic couat qrt tra���.c going both ways at thi� int�r�ection, �s we m�y be a�eating a pro�lem iastea�i af solving one. When Mattex�ho� Drive is completed �t cpuld be tha� MatterhorA Drive and S�.�ver Lake Road.Wi11. take 80% of the ��aff�ce AAJOURNI�NT a r ; Chs�.�mati �rickson adjourtisd ti�e meeting at 10:30 P.M. s ,�'�i Respec�fully �ubm�tted � � ��� 1mROT�,* E SQN, A�ti.n� ��crstagy