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PL 01/10/1973 - 7449__ _ � _ .� ^ .; ` AGENDA ' . gLANNING COI�IISSION MEETING ' J�9NUARY 10, , 1973 8: 00 P,M. CALL TO -0RDERo PAGES 80LL CALL: ' �P'PROVE PLANNING COl�lISSION MINUTES: DECEMI3BR 20 1972 1-I4 RECEIVE BUILDING STANDARDS-DESIGN CQNTROL SUBCOI+�SITTEE MINUTES: DECEMBER 28, 1972 15-17 FNFORMAL PRESENTATION OF THE COMPREHENSIVE PLAN ' GONSIDERATION OF FLOOD PLAIN ZOATING � 18 NOTIFICATION TO PLANNING CO1�Il+ZISSION MEMBERS; The City Council approved the Planning Cou�ission members staying on the Commission'until the Public Hearings.on ,� tbe Comprehensive Plan are completed. .....-- ' ✓i :� �� ��%�-�✓ — ��9- ���ei ���'d:��" _ 7�� " (''�°v �' �� ���� , 3,�3' - �'r'3�3 f '' i�� ����'�"`� � �6� _ ,� � i� �� � �'�� ��- �o�� � � � � ^ /'1 PLANNING CO1�fISSION MEETING CITY OF FRIDLEY � DECEMBER 20, 1972 P,AGE 1 reT•T• TO URDER; The meetin$ was called to order by Chairmaa Erickson at 8:05 P.M. RALL CALL: Members Present: Minish, Zeglea, Erickson, Schmedeke, Fitzpatrick M�embers Ab�ent: None 4thexs Present: Darrel Clark, Community Deve�.opment Administrator APPROVE PLANNING COMMISSION MINUTES: DECEMBEx 6, 1972 Mt1TIQN by Schmedeke, seconded by Zeglen, that the Plannin�g Comm�ssion m:�nut�s of December 20, 1972 be approved. Upon a voica vpte, all 'voting aye, the motion carried unanimously. RECE�VE BUILDING STANDARDS-DESIGN CONTROL SUBCOA'R�IITTEE MINIJTES ; DEC�MB�R 7, 1972 � MQTION by Zeglei�, seconded by Minish, that the Planning Commissior: receive the minutes af the Huilding S�andards-Design Control me�ting of December 7, 1972. (Jpqn a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS MINUTES: DECEMBER 12� 1972 MRTION by Zeglen, seCOnded by Minish, that the Planning Commission reee�ve the minutes of the Board of Appeals meeting of December 12, 1972. Upon a voice vote, a17, voting aye, the motion car7ried unanimously. ORDER R� AGENDA: Chairman Er�ckson stated that receivin� ths a►inutes of the Plats & Subdivi- sipma-Streets and Uti],ities Subcammittee meeting of December 5, 1972 will be xecei.ved as the last i.tem on the Agenda. Item 4i7, the Public Heaxing of th� �►ropos�d Pre�imin�rp Plat, P,S. 4i72-08, Osborne Plaza, by scanaa�d oi�. �ompany a*ill b� �aken as the fi,rst Item. 1. PUSLIC HEAitTNGt PROPOSED PRELTMINARY PLAT�P.S, 4�72-08, OSBORNE PI,A2A, r-. BY STANDARD t1�IL COMPANY: Genexally locat�d �C 76t}9 University Avenue. -,.---� W, G. Housanga� repreaeated the Standa�d 0�1 Co. 1�OTION by F�.tzpatri�k, seaonded by Minish, that the �lanning Commiss�o� wa�ve �he read�.ng of the ��.ablic Heari�g Not�ce for the proposed Dreliminary �'�.at, �.S. #72R03� Os3�arne Plaza, bY th° Stand�rd �i�. Compa�y. U��n � voic6 vc�t�, a.��, va��,r�g ays, �h� moti4n carried unanimously. PlanainA Gommission Meeting December 20, 1972 p�� 2 1'\ Mt. C�ark explaiaed that the request for platting was one of the require- meats of the build�ng permit for the Standard Oi1 Station �nd shopping center oCherwise the legal deacription would b� in metes aad bounds. They have divided the property as iz was describ�d for the building permits. They have added a triangular outlot on the Ea�t end. They hope to buy the property to the North and combine it with the balaace of the plat for access to psborne. They stated they wpuld not let this piece go tax forfeit because it is valuable for access. Actusiiy, it would not be built oa because it is property the St. Paul Water Works has �n easement on. The plans are to put plantings on it. They aze now trying to buy it and feel that they will be successful. MOTION by Zeglen, secoaded by Fitzpatrick, that the Pla�uaing Commission cloae the �'ublic Hearing for the proposed Preliminary Plat, P,S. �72-08, Osborne Plaz a, By Standard Oil Company, property generally �ocated at 7609 Un�vexsity Avenue N.E, Upon a voice vote, al� voting aye, the motion carried unan��ously. I�OTION by Fitzpatrick, secanded by Schmedeke, that the Planaing Gommission �eoammend to Council that they coneur with the Plats and Subdivision � Streets aad Utilities Subcommittee reco�ending approval of t�e Pxoposed�Prel�minary P�at, P.S. ��72-08, Osborne Plaza, by Standard Oil Company pn all that part of ths Noxtheast Quarter of Sectioa 11, lying Nor�herlp of the center line of Qsboxne Road a�d East of the center line of University Avenue subject to putlot A being included as part of Lot 2. Upon a yoice vote, all voting aye, the motioa earxied uuanimously. � ` Chairman Ericicaon wonderad if the recammendation should be made that th�; division be granted at a 1ate� date.- Mr. Schmedeke thoughC it should be attached now. Mr. Housen$a was iafosmed that Couac�l, would, at their mee�ing af January 8th, set a public heariag date for the secaad meeting iu Febxuary. 2. CQPTINUED FUBLIC HEARING: REQUEST FOR REZONING� ZOA ��72-11� BY UNION OIL CO3 3695 I�aclanaan Avenue -- to �ezone from C-1S(local shpgpi.ng) tv �� C�2 (general busiaeasj 3. Public Hearing open. coat UED PUBLIC HEASING: REQUEST FOR A SPECTAS. USE PERMIT, SP ��'72-18, BX OIL COot 5695 Haci�ann Avenue -- ta construct a convenience store amd ue the service station. Publie Hearing open. Ma�. Glenn Hubbard repzes�at�d Unioa Oil Company. , Chairman �ri�ks�n safd that aC their last hearing, the Commissi,on recommendad �haC the peopl.e be� ao�ifi�d of this meeting, and aj.so a request was made to the � City for a traffic caunt on �tillw�nd Arive to help in determining whether oz noC �his loopback was pee�ied. T�te request by Union Oil Company is to continue tne use of the service �Ca��on on that sit� and in addition, they wish pex�mission �o construct a convenience store Sotith o� the service station. In order t� do �his, it was £elt an, �asemeut should be granted and a�.00pback �ambined. � n, �lanninA Commission Meetin� December 20, 1972 Page 3 Mr. Clark explained the p;oposed loopback using a blown�up copy. Lew�s Hedlu�d, 930 Haclanann Avenue: Mr. Hedlund Eelt the Uaiou Oil Company was being coezced iato grantiag the easement ia order to pravide the loQpback. Chairman Erickson said the Oil Company can continue the use o£ the property without rezoning because the Uae is under a graadfather's clausg. Mr. Clark said t�at the City felt if they were goin� to change the road and require additioAal right of way it should be settled now before the new statioa is built. Chairman Erick�on said the Com�ission has to make up their minds on several 4ue�tions. First, is this corner such a traffic problem that it raill have to �hau,$e the traffic pattern. The State has offered to give the City the land to change the traffic, We have had some situations where it cost the City $20,000 to get Isad for the loopbacks. Glenu E. Nelson, 5747 Central Avenue; Mr. Nelson felt this'plan would be no improvement. Mr. Clark �ave �he following traffic eount which was taken i.n 1970, for 24 hours: Hillwind Road, 670; Central Avenue around 3,500 cars pex day. The �rediction for 1975 was 5,000 cars on Central Avenue and 1,000 on Hillwind. Stella A. Kowal, 5T15 Polk Street: Ms. Kowal said ahe was especially bothered by the semaphore on Central Avenue. She £elt the timing was very poolr. George Fletcher, 5725 Pplk Street: Mr. Fletcher stated he has bee� driving that road for 5� years from 7;00 AeM. to 9t00 P.M. and has never had one iota of a problem from that area. � Answering�the question of traffi� accidents at that intersection, Mr. Clark aaid he could give the accidents reported to the Fridley Poli�e Aepartment, which did not include the State or County figures. In �971, from June to Deeember, the accidents on the East side o� Highway 4k65 were sevea. In 1972 ther� were six accideuts East of Highway ��65. There were three accidenta on Central and Hackmann in 1971 and 1972. The West side of Highway #65 has more traffic aecidents. Viviau Hedlun3, 934 Haclmnann Aveaue:� Mrs. Iiedlund didn't think they could attribute many 4f the accidents oct the East side of the Highway to Hillwind Road. She did not think this particular J.00pback would do anything for that p�oblem, Chairman Eri�ksoa asked if there was anyone present who used Hillwind Road, The�e w�'sn't. He said the coucern with Hillwind Boad was what will happen in �he future when Che dev�lopment qnt top of the hill, and the vacant prope�Cy in between is completely developed. , Joseph J. Bran�o, ,buaes for all sehools ^ Waaa't th�re same way think this plan would section is impossible. is a bad situation. 5720 Polk Street. Mr. Branco brought up the fact that the in �he area pick up the chi.�.dren at the Hillwind intersecticn. �o direct the traf�ic away �zom HiJ.lwind Road. He did not solve anything. When Onan em�loye�s get out_of work this i:�tez- Not having a right turn ofz Ceatral without a stvp sign Planning Commission Meeting - December 20, 1972 Pa� 4 ^ Charles Buzzell, Jr., 5741 Polk Street: Mr, Buzzell asked if any of the st�eets would be �hanged as far as the width of the street, and how large an area would be asses$ed. Mr. Clark said the City does not have a cost affecting land owners yet because �his would be joint construction being this is a County Street with the City contributing. Since this project would be a loopback, the adjacent groperty owners would be assessed. Central Avenue will be widened considerably. The road which intersects with Central Avenue is Hacl�anm. �hat road is 31 feet, but the Srate pays."for what is equivalent to a normal State service drive and the City picks up the difference. Five feet w;ll be taken because 31 feet is not wide enough for passing. . Glen Nelson, 5747 Central Avenue N.E.: Mr. Nelson asked how much study comes c�rith widening . Mr. Clark said the quentions on the cost will came up again at a preliminary a�sessment heari,ng . Mxs. Hedlund asked what the citizens could do about it. If they could stop it now, why let it go on? Mr. Clark understood the preliminary design had beeu State approved. ,�'1 Mz'. Buzzell felt there must be some project cost settled or understood before it is ddopted. He understood a final analysis coul�d� not be made, but thexe �nust be some idea o� the cost. Ghairman Erickson said first of all the question that should be reso�.ved is whether or uot the City and you people feel the traffic is a problem to ti-�e extent that some alternative Cype of street be cqnstructed and how it is to be paid for. �n addition to the reQuest for the street, which is really by the City, the petiCione� is asking for rezoning of�the property so�that he can legally cor►tinue !�e use of the filling station without the grandtathex clause. However, he could contiuue the filling station without rezon�ng. Mr. Clark continued that the convenience store could be built without a special use permit and without any rezouing. As he understands it, the parcel is big enough for the convenience store right now without the street. �Ir. Minish asked if the convenience store was to be a separate building. Mx�. Clark said it was and the only reason the intersection is being �onsidered is �o avoid the proble� of having a new atructure built that would have to be tcr� down if something is done in the future with the road. The C1u�S�fOA was asked that if this intersection is something of a t�a�fic hel��rd, why put the sto�e� i�? Also what direction wvuld the convenience sCore f�tc�, off Iii.11.wind or Ch� present site. Mr. Glenn Hubbard said they have o�cupic�d Cht� �tation �or 15 �►ears under the present zoning, About three years ago, the ^ �oming wa$ changed so that service stations were not permitt�d in that t5p° of �vrting. They did not know this untj.l they wanted to do some r�modelin� and �ace li�t�ng on the statioA. Mro Hubbard said the re�►odeling �aould ccnsisi, et adding a bay apd a mansard xoof. He was asked if he were allowed to make the ch�nges Eo the station, without adding a bay, would he still go ahead and put /'\ Plannin� Commissian Meetin� - December 20, 1972 Pa e 5 �n the eonvenience store. Mr. Hubbard said they wanted to put in a convenience store and se11 the land. They felt the conveaience store would be used, but no� duzing the rush hours of traffic. Mx'. Minish recalled that �his was a problem iate�section a couple of years ago, when Publ,i� Hearin&s were held for Viewcon, Inc. Th�re was strong concern that this would be a probiem iatersection. It was not the tratfic on Hillwind, but traffic backing up on Central Avenue. �Not just one street, but all of them. Chairman Erickson told the audience that at the time of rezoning for Viewcon, the Coaaaission had many com�ents. The audience has to realize there i8 gQing to be additiona�, people using these streets when the land is fully developed. When the 3he11 statioa was asked'to give up land fox the �.00pback, it cost the City $22,500, We are trying to avoid that expense by planning ahead. If the station were remodeled, there would be two a�cesses to Hackmann, two to Hillwind, but from a traffic standpoiat, the City does not like all these a�cessea, If �his is going to be a part of the trade, it wi11 be part pf the transact�on. , Mr. Clark said that if there is going to be a change in the intersection, and the Oil Company agrees to give the land, let's do it now and not after the , station is built. � � ; Chairman Erickson cautioned the people not to forget the fact Ghat the � ; reason Chis discussion came up is the people complaiuing about the traffic. Atin L. Will.iams, 5760 8ackmann: Mrs. Williams said th�t you will �ind Che majori.ty pf the peqple here live in the iBmediate area, Her driveway is the first driveway from that intersection on the North side of Haclanann, She has very seldom had to stop when she backed aut of her driveway onto � 8aclamann . A ai.tizen commented that the assessor said they would be as$essed if the raad went �hrough. He was told it was true. Mr. Hubbard said he would like to get back to the original i.ssue of the �ezonin$ regardless of the station. They were agreeable either way about the station, Mr. Miniah said f� the Planning Commission were to grant the rezaning, ther� Union Qi� would be able to expand and add a bay or rebuild. He asked Mr. Hubbard if he envisioned there would be an i.ncrease of cars entering the stati.on. M�c. Hubbard answered there would be a total of three bays in either case. Titey were most concerned about protecting what business they have. You have to be modes�n and keep up to date in order to keep the business you have got, r#ny uew station bu�.lt �osiay is � three bay station. He was not convinced this woulct cause a ixa.ffic prob].em. M�c. �iinis� said whatever the traffic volume is, if the station is improv�df ^ t�'a�fic w�ll �ncrease. Mr, Hubbard said their building would not generate tXa�fic, �he traffie is alxeady there. , Planning Co�ission Meeting - December 20, 1972 ���� 6 ^ MO�ION by Zeg�en, seconded by Minish, that the Planning Commission close , th� Public Hearing for the rezonxng request, ZOA #72-11, by Union 0�1 Company aad the request for a Special Use Permit, SP #72-18, by Union Oil Company. Upon a voice vote, a�l voting aye, the motion carried unanimously. � Mr. Clark said that Parcel �2 is 30,821 square feet, the road easement is 10,592 square feet. Part of Parcel #2 would be on �he opposite side of the service station. Mr. Fitzpatrick explained that it seemed to him thi all came about because the Commission felt there was a necessity for improving traffic at this inter- section. The Engineering Department submitted a proposal that is supposed to do just that. He didn'.t know is th�y were to set themselves up as judges as to whether this does it or not. He was not personally convinced this is a big imp�ovement in traffic contxol, but on the other hand, he was not an authority to do that either. Mr. Minish thought that this plan represents, probab�y, zhe best approach to the prablem at the least cost, but not necessary the optimum�to solve the prablem at increased cost. Mr. Clark explained that just the extension of Che island wi11 proh�bit cars getting into the $tation site and that will be better than �t was before. �owever, the station people must feel they would not granC an ease�ent without . coSt to the Cizy if the access is cut off at this poi�t. �his plan is part of a report made by a tXa£fic engineering firm and approved in 1971 and they came up with about the same th�ng for this section. Concerning Ghe petition, Mr. Clark said the Spec�al Use �ermit was needed only for the station, but i� Union Oil changed the plans a�d �ade one structure and bay and accesspry use fox the station, the rezoning was necessary. Ghairq�an Ezickso� added that the couvenience store part of the request was �eally nothing to d�scuss at this noint. The Commission could just allow him tq go ahead undez the grand�ather clause wxthout any action. M�. Schmedeke said he was not sold on the street plan aC all. �hairman Ezickson gaxd the Gpunnission at th�s point had two choices. One, denp the request for texoniag and Special Use Permit to a�low the station to exis� as �s. Seeondly, grant �he request for re�oning so that the petitioner c�� �xpa�d the station wit� stipulations whether ox not the service stat�on be re�o�a��d and that �i$ht of way be re-dedicateda �r. �inish said he was concerned about the safety factors of this inCez- s�ctiano Qne of the concezns at the time of the Viewcon rezoniug was the proble�� of t�af�ic �C khis iatexsec�ion. ?�Q��QN by Minish, seconded by Fitzpatrick, that the Planning Commissi�n re�pmmend to Cou���l denia� of the requeSt for rezoning; �OA :`72�11, by �rr.ion ^ Oil Company, 5695 Hackmann Av�nue, to rezone from C-�S (local shcpAlII.y) to ��� (ge��ral busi�ess) and recommend denia� for the request lor a Special �:� Feim�G, SP �72-18, by Unian 4i1 Company, 5695 Hacl�ann Avenue, to conGi�ue Che se�v�c� station and construct a conVenie�ce store, ppon a voice vote, all voting a��, �h� motion carried unanimously. Plannin� Commission MeetinQ - Deceuiber 2�3 1972 PaQe 7 � Mr. Hubbard said the neighbors said they did not object, but the City wants a service drive there, and because of that they are denied the use of their property. Chairman Erickson wondered if there was some way of allowing the third bay, If so, it would give the City time to solve the traffic problem. Mr. Fitzpatrick said the whoe thing is brought about by the Commission's misgivings about this proposed solution to the traffic problem. He would like to poiut out to the Union Oil Compa�y that what they were requesting might make a bad situation worse, although it was not relative to the Counaission's problem. Chairman Erickson said he had asked for an opinion about the feasibility of changing the Ordinance adding a non-conformiag Use without rezoning. This is a po�sible soLution to their prablem. 4. CONTINUED PUBLIC HEARINGe REQUEST FOR A SPECIAL USE FERMIT, SP 4�72-19, � BY FRANK GABRELCIK� To coutinue the existing Use as a Used Car Lot and coaduct an �nside_Repair Garage Shop to be located on Lots 6 through,l0, Block 28, Lot 16, Block 21, Hy.de Park Addition ger Code 45.101, 3B, D and G. Public Hearin� open. Mr., Frank Gabrelcik and attorney, Andrew Kohlan were p�esent. ^ Mr. Kohlan explained that the problem seems to be ownership of the land and that the proper peop].e be notified. �Lot 6; B1ock 28, Ayde Park Addition, dqes not go down to the South ead of the.property. Lots 12 and 13, Block 2, City View Additions are included in Mr. Gabrelcik's property and so to the extent that any additional notices should be given on that petit�ion, they would be covered. They hav� not lost any time on the request in this respect as he wants to use as much of his property as he needs. Any agreement for the Southern - eud of the property probably should be left open. Lots 12 and 13, Block 2, City •View Addition, go down to 57th Place - Country Kitchen. Chairman Erickson asked what property was presently being used. Mr. Kohlan answered that almost all of it. On Lots 12 and 13, Block 2, City View Addition, the Western part has private homes. He produced a certiticate of survey which show houses on Lots 10 and 11, Block 2, City View Addition, and that a€ence encroaches on Mr. Gabrelcik's propexty. Chairmaa Erickson stated that the understanding is that Mr. Gabrilcik has used %ots 6 through lp, $lock 28, Hyde Park Additi4n, for his used car lots. Was �tt correct that he was not asking for any Use on Lot 16, Block 21, Hyde Park Addition, Mr. Clark said that the problem is that there is some di�ference of opinion what Mr. Gabrelcik has been occupying for twenty years, The ticence grar�ted about a ye�r ago stated he owned the North Half of Lots 7, 8, 9, and l0o He was to � petition to g�t a SQecial Use Permit on I,ot 6 and the South H�lf of 7 and �,azts of �,ots 12 and 13. He states he has been using Lots from 6 ��Zrough 1Q f^r cG��_n�y year& . . �lannin„p,�Commission�eetin,� - December 20, 1972 Page 8 Mr. Roh2aa said tl�at as far as rezoniag is concerned, and the Special ^ IIse Permit, under the grandfather clause there would be no question what ever he had used pxeviously. Iie showed a sketch of the building, where the cars would be parked, and the portion of Lots 12 and 13 that would be used. Mr. Zeglen said that when he drives by, he sees the same cars in the streets. Who owns them? Mr, Gabrelcik answered that some were his and same the customers. Mr, Fitzpatrick said the Commission's sketches show Mr. Gabrelcik owns all of Lqt 13, but the Highway has takea some part of it. Mr. Clark said the parking stalls meet the code as far as the setback of twenty feet from the street and a certain size aisle. If he wishes to park cars closer to the buildings and street he should get a variance. Mr. Kohlan said they were practically condemning that kind of business, Mr. Miaish asked if they were talkiag about 39 cars or more. Unless the petitioaer comes up with what he intends to do, it is almost impossible to act� r Chairman EI'1CiC30II eaid the Commission would like a proposal on how he wants to park the car� ia the area. Mr. Gabrelcik shauld ge� a copy of the contract tbat shows ownership o� all his land. He felt the Hearing should be continued until tha� infoxmation is received. Mr. Minish said that if the cars are parked on the stxeet (58th Avenue) why ^, no� get the street vacated? Mr. Rohlan said he did not think the vacation of the street should be a factor at this time. MOTION by Minish, seconded by Zeglen, that the Planning Commi.ssion contimue un.til Jauuary 24, 197�, the Public Hearing of the Special Use Permit, SP 4�72-19, by Frank Gab�elcik to contiaue the existing Use of the Used Car I,ot aad conduct an i.�nside Repair Garage Shop to be located on Lots 6 through 10, $lock 28, Lot 16, Block 21, Hyde Yark Addition, per City Code 45.101, 3B, D and G, and republish � the Notice of Hearing iacluding Lots 12 and",13, Block 2, City Vi.ew Additiou, and � that Mr. Gabrelcik bring iu a sketch on how�he wants to �se the property and bring i evidence of'ownership of the �roperty. 5. PUBLIC HEARINGa REZON:NG RE UEST ZOA"�72-13 BY CITY F'�RIDLEYo Par� of • Outlot H, generally lo ated on the Nor. side o� I�f�694 and 800 feet West o� the'East City Limit^ to be rezoned �rom &-3A (apaxtment aad multiple dwellings) to G-2S (ge�eral shoppiag axl�eas). : 6. PUBLIC HEARING: REQUEST FOR A SPECIAL I'USE PERMIT, SP ��72-20, BY CTTX OF FRIDLEYo To permit installation of an advertiaing sign in ar� G-2S Aistrict tp be located on Outlot H, Innsbruck No�th, generally loca�ed on Ghe North side af I�694 and 8QO feet West of the�East City Limits. Rager B, Redmond represented Viewcon, Inc. � MOTIQN by Schmedeke, seconded by Fitzpa�rick. that the Planning Gommi�ssian wa�.ve tl�e �cead�n� of the Public Hearing NotiCes fo� th� Speci�l Use �'eruii�, SP �72-�q by t�ie City of Fridley and the Rezoning Request, �OA ��72-13, by the C�ty p� �'r�dl�y, Upon a voice uoke, all voting aye, the motion carried unanimously. . �lanainst Commission Meetin� - December 20. 1972 Pa�;e 9 /'\ • Chaitvnan Ericksoa said that this was part of the V�ewcon proposal and ths City had asked pexmission to put up the sign at the East entran�e to Fridley. The City Attorn,ey told him that a State i,aw zequires eithex commercial or iadustrial zoning for a billboard. Mr. Clark said thaz one of the stipulations of the agreement with Viewcqn was that they would allow the City to install or construct a billboard or ad- vertiaing sign at this geaeral location. When the City applied for a billboard pe�it, it was discovered that the law required either c�ericial or industrial zoning. If the City wants this billboard, we will have to rezone, The size of the piece of ground involved is �0 x 30 square feet, The sign will be 10 feet by 14 feet. What the City is asking for is something similar to the "Welcome to Fridley" signs on Umiversity Avenue, where the sign is "Welcome �o Fridley" coming into the Ci�y and a message on the othex side for those leaving the City. Mr. Redmond said that there has been a road constructed from North Innsbruck prive to the site of the sign. The xoad will be kept open and accessible at all times by his company. It w;ill be as close to the freeway as the law permits. There is the possibility some of the trees will have to be remo'ved for visibility or the sign. Viewcoa will l�ase the West side of the sign for a period of time. Mr. Schmedeke said that he has objected to signs of this na.ture for years, Ia this case, are we just going through the motions of what has been agreed to. � �ir. Clark answered Chat it is in the original agreement with Viewcon to a�,loW the City to cpnstXuct aa advertising sign and probably was the stipulation a� Council. These are the motions that have to be gone through if the advertising s�iga is to be coastruGted. He did not know how the Council will react. '�he parcel of ground tc� be rezoned is only 300 square feet. This is sma�.le� Ghan a commer�,�al lot. Billboards are supposed to be S00 feet from fiesidential property. Ti►is si.gn would not meet that requireu►ent, I�. Redmond sai.d Na�gele will build the billboard. Viewcon has at� agreement ai,th Na�gele to leare the sign with the first right of refusal �or subseque�C ye�xs. xhey alsa have an agreement that Naegele wi.11 no� lease that sign while �lney axe in the a,rea, T1ne placement of the sign is on the second h�.11 West from $i.lve�' Lak� Road. �hey were not ia favor of removing tr�es because i� is costly and d��xacts from the area. • M�TION 6y Miaiah, seconded by Zeglen, that the Plann�ing Commi.ssian c1os� �k�s �ublic �ea�cj.ng of the rezoming request, #72-13, by the City a£ Fridl�ay, aad �he Pwbli,c Hearin� for a Spec�al Use Permit, SP #72-20 by the City of �'x'i.dley. UpAa a Yoice vate, all voting aye, Che motion carxied unanimously. M(?TIQN bp FitzpaCrick, seconded by Schmedeke, that the Plan�.iR� Commiss�.a� �e�o�aaaend to Cpunci], denial o� the rezoning request �OA �� 7��=1� by the CiCy of Fridle to ;�zoue frosn It�3A to C-2S, 300 square ;Eeet o� part of Qutlot H, Innsbruck Narth, �md �4 :ln�lude the fact that it would be contrary to the sign ordi.nance in rh�C tha ' a#� wauld not be 50Q feet �ro�m reaidential pxop�rty, that j.t would be contrary to /'� ths �oaing ordinanC� StaGing that the commercial a�ea should be 2Q,Q00 sauare feat, and th�� the Planning Commission x�commend denial of th� rec���est far a Specia�. G�� �'�rmi�? SP �72-30 by Gity of Fridley in lieu o� the above mo�ion, Upon a vaice yQt�, Miniah, Schmedeke, Fitzpatrick votin$ aye, Exickson and �eglen, nay, tkte matian caz�ried. /''\ � Planning Commission Meeting - December 20 1972 Pa�e 10 Mr. Minish said that approval of this type of request makes it diffi.cult for the �oard of Appeals in passing on a variance. To see the City participating iu the greatest variance to come before them, makes it more incongruous, Mr. Redu�ond reiterated that the State changed the rule in January of this year that no sign can be installed unless in co�mmercial or industrial zoning. When they gut up a sign on their own property, they go within the law. He felt the area identification di.. not fit that category. 7. PUBLIC HEARING: VACATION REQUEST: SAV #72-07, NORTHWESTERN BELL TELEPHONE COI�ANYo Vacate a11 that part of the North/South alley in Block 11, Hyde Park Addition. S. W. Dokken xepresented the Telephoae Campany, I�OTIQN by Fitzpatrick, seconded by Zeglen, that the Plaaaing Cou�ission waive,the reading of the Public Hearing Notice for the vacation request, SAV ��72-07, by the Northweste�n Be11 Telephone Company. Upon a voie� vate, all voting aye, the mot�on carried unaaimously. �_ Mr. Aokken-explained the reason of the request for the a11ey vacation. ,�e $aid that i.t was necessaxy to establish aaothex central office to serve the Fridley area. At the present time the area is served by three different a�fices, namely Spxing Lake•Park, Grandville and Brookl,yn Center. The growth �m these offices, as well as in the �ridley area itself, means Ghat they have to ��tabli�sh a new o£fice. They try to puC a new central office as close as �osaible to the center of the area it serves. Theoretically, Chis is a perfeet �.ocation, for the new of£ice, between 59th and 6qth Street and between 2� and 3rd Stxeets. They have seven lots on each side of the a11ey. The proposed building is �20 �eet deep and 141 feet wide. Theze is not room to put the building on one side or the other o� the a11ey because of setback requirements. Fo� this xea$ou, they are requesting the vacation of the alley. Back prior to th� time they actually put thiS particulax site together, they did see they would have to ask thQ alley be vacated in the future. Mr. Quxeshi, City Engineer, said that the basic policy of the City was not to open any new al�eys and, as this alley was not actually there to use, onl,y as an easemsnt, they thought they could go ahead. Mr. Aokken conzinued that Chis has not been turned over to an architect so it is mot a site plaa as such. Their planning engineers to�.d them how big the building will be and then superimposed thaC on the copies yau re�eived, The u�timate building will be an additional 6Q feet to take care of the uJ.timate t�ls�hpne needs in this area. A telephone central office is a lo�g t�me installatiot� Ti�ere wi�1 be six �o eight people employed in the buildin$ and it won't be used bX the public. They propose to landscape the parking �ot, The telephone t�umiaexs will be chaa$ed. They plan to build next summer, but it wi11 be about 22 ye�rs befox�e th� numbers are changed. The building wiJ,l be br�ck and fa�e 3rd. St�ea�, �hey had �alked to Northern States Power Company whp were willing to vacate the �11.e; but asked they bQ given aa easement to maintain their poles to serve the houses im t�ia blocl�. ^ A�],en C. Jensen, �955 2� Street< Mro Jensen is opposed to the vacat�on of th� a�.��y for tt�e reasoc� he did not think that placing this buildiag in tha m�ddle o� th� block is �.n th� best �ntsrest for the Hyde Park area. He wa� not opposed Planaing Coamnission Meeting - December 20, 1972 Pa e I1 '� to Mr. Dokken or the telephone company's request for a building, but he couldn't see putting it in the middle of the block. It would be setting a precedent £or the rest of the area thereby any vaQant property in the adjacent area could be bought up in a similar fashion. He thought this thing should be developed in Che best intereat to be useful to the citizens of Fridley and the people living here, Mr. L. B. Smith, 5974 3rd Streete Mr. Smith was also opposed to the telephone company �ocating their building in the center and chopping up the block. This did not leave enough roam for another co�mercial building. Gerald McGee, 930 Midland Bank Buildingo Mr. McGee said he would th�nk, in ad�ition to the points made by the two property owners, the resulting�situation would probably remain stagnant for many years. The property will be tenant owned and tenant oecupied, and the property will be allowed to depreciate. �efore allowiAg the vacation of the alley, the Planning Commission should take a hard N �ook that the building should be at pne end of the block or the other. Mrs, A11en Jensen, 5955 22 Street; Mrs. Jensen said that the Northwestern Ba11 Telephone Company has stated that in years to come, they will be expanding and ' this will include some of their neighbors. She thought the reason she was concerned about thxs is that they have two children so that they cannot sell their�property because they do not have enough property according to the ordinance. The Telephone Company does not intend to buy their property, or do not want to buy it for at least ten or twenty years. When they bought in Fridley they had no idea this was co�mercial property or even thought of it ^ being coutmercial property. She continued that if they vacate the alley, she was going to move her fence back. It would'end up that the people who live • in the a b partment uilding behind her would have no parking space. They park right against their fence now. . Mr. Schmedeke spoke to Mrs. Jensen. He said that Mr. Strand, from whom she bought the property, received the notice. You were saying you would like to sell your property. When I asked your l:usband he said he dida't have any reason for opening the alley. It isn't opened now. He did not object to the telephone campany or any clean operation. He, also, wants'to sell his propertyo We cannot force the telephone company to buy your property at this time o.r any Qther time. Another thing you brought up, you would rather see people buy a �arge pieee of property. According to the Code, commerciai prQperty has to be 20,QQ0 square feets If you combine your home with khe vacant lot, and the one next to it, it could be sold as commercial. He was not telling her any 5zory, he said. If they bought later than November, 1972, they should have had their attorney check for them, Both of the property owners who spoke tonight did not adjoin the Bell property, There is a commercial piec� becween the B�11 property and these two property owners. If the development started East/West the way he was hoping it would go in this block, the parking would be on 2z Street and the building would face 3rd Street. The owners to the South are commezcial. If both of those houses axe taken dowa, there was zoom for co.-nmercia�. Mrs. Jeasen was �nformed the rezoning hearings were held in 1969 and the aecond reading of the ordinance on May 4, 1970. ^ Mr. Schmedeke said that this particular property has been vacant, outs�de of the two or three homes, and no one has purchased it, The zoning change was made so that this would be the proper road to go. Statements were made that the Plannin� Commission Meeting - December 20, 1972 Page 12 �� Telephone Company should buy out the whole b�ock. This oae can do. If he actually made this statement he was that he knew the Picha's wtho live on 2� Street. He was months when this came before his coumittee. He wanted opti�n be in writing. �, /� is something that no in error. He continued out of town for two to auggest that the Mr. Dokken said the Picha property was the last property that went into the site. There are two lots owned by Picha under option, He did not know the value of the buildings, and they would have to be wrecked. This would be econpmically unsound. They are interested in additional property aroun� the building, but they would much rather wait in buying until some time that some of the values of the buildings are lost. Mr. McGee said that that was the ans�er. They were going to be there 70 or 80 �ears, He ehought it was within the Planaing Co�smission's power not to grant the alley vacation and the building. Mr. Dokken countered with the statement that strangely enough, same of the property_ownexs say this will increase the value of their property. There are three property owners who concur in the petition. Mr. pokken continued that in the lk lots theq have enough property to take c.are of Fridley's telephone needs indefinitely. However, it is a simple case of a long period of ti.me. Assuming they put the buildiug there, they 'think it would be best to pick up �dditional property when i�t �ecomes available. They might need additional property for anothez function. For tha� reason, they have gome to �tessrs. Eckez, Williams and Gabe1 and sa�d th�y think som� day they mi�ht be interested �.n buying their property, They do not have any need �o� i.t at the p�esent time, but if and when these people should deci,de to $ell, that they give them a chance. �airman Erickson told the audience that th�y have to recogniz� first of al.l tha� the block is �oxxed cou�ercial. Suppvsing they bought the buildings at the South end, they stf11 could put the building whe�e they wanted it. Ear1 Nordvich, a citizen, asked if Mr. Dokken would say that purch�sing the eenter of the block wquld increase or decrease the value of the two apa�tment buildings and Mr. Jensen's �ome. Mro Dokken answered �hat it would increase the value. There is some vacant prqperty poorly maintained, The Telephone Company proposes to put � buiiding up wh�ch w111 be well landscaped and well maintained, �here w�.I1 be no Aoise or tr�f�ic. He �ouldn't imagine that �he company would adversely affect the value of the present buildings. It was not unustiai fox the telephone af�ice to be in a resi,d�ntial area but this one happenw ta be commQxCial. Mr. Minish said, �.a answer to the question if the Planning Commission �enexally tried to get the buildings laid out in such a fashion that it is in �h� t�est interest o� the community, that the question was really unanswerable as yvu a�e dealing with ordinances and City Codes. The Planning Co��ssion tries Co do wt�at's best tor Fridl�y, Mir. Nordvich sa�d that if the Jensen's take their half oi the alley vacaCion tk�en he had no idea wher� t�e cars from the apartment would park. Mr. Minis� an�wered that perhaps tl�� aparGment owners could acquire, at this poin�, the additional land from th� Jensen's. Planning Commission Meetin� - December 20, 1972 Page 13 � Mr. Schmedeke said that the City has made errors through the years before this Commissioner was sitting on the Planning Commission. The zonin$ maps and ordinances were changed three times. At the time the apartments were built the specifications were on a square footage basis. Mr< Welk happened to buy one of the old apartments. If he were buying it, he would have looked to see if there was enough land, He did buy next to commercial property. What Bell Telephone is attempting to do is not illegal. Another thing that should be looked at is that a number of people came up before Council about two months ago and closed a street and now we have a one way, How many coumiercial enterprises will buy vn a one way street. MOTION by Minish, seconded by Fitzpatrick, that the Planning Commission receive Petition ��24-1972 concurring in the application of the Northwestern Bell Telephone Campany to vacate the alley in Block 11, Hyde Park Additione Upon a voice vote, all voting aye, the motion carried unanimously. �Sr. Fitzpatrick said that there has been a person who questioned what the ,a, Planning Commission rule should be in this instance and just for the record, ' he would like to say that this plan was not the Plaaning Commis''sion's plan. The P1an�ing Couimission did, at one time some years ago, propose a plan for this area. Mr. Jensen said that about six weeks ago he came to a meeting. Someone tnade Che statejnent that the Planning Commission was opposed to any type of � industry, in a crnnmercial area in Fridley, buying a chunk out of the middle piece�af property and leaving a building stranded. MOTION by Minish, seconded by Zeglen, that the Planning Commission close the Public Hearing of the vacation request, SAV 4�72-07, by Northwestern Bell Telephone Gompaaye Upon a voice vote, all votin$ aye, the motion carried unanimously. MOTION by Minish, seconded by Schmedeke, that the Planning Commission concur with the Plats and Subd:�visions - Streets arid Utilities Subcommittee and recca�mend to Couacil approval of the Vacation Request, SAV �k72-07, Northwestern Be11 Telephone Company ta vacate a11 that part of the North/South alley iu Block 11, �iyde P�rk Addition, that lies within the lots to be occupied by the Northwestern $ell Telephcane Company building. Upon a voice vote, all voting aye, the motion carried uztamimously. . Mx�. Mix�ish s�id that tkiis was a desirable utilization of these par�icula� lots. Zt was not �ealistic Co believe they should start at one end of the blocko This would be a clean operation, compatible with zesideutial property sq close by. , Chairtnaa Ericksqn said that i� the people behind the alLey do not want it v�c�ted, not to vacate it, klr. Fitzpatz}ck asked about vacating the a11ey behind the property w�ic:� the Noz��hwestern B�l,l Telephoue Company has option, but does not presently own. �ould Ck�a� be eliminated from the request in respect to pa�'tions owned by �1 Nprthwestern Be11 �eJ.ephoae Company subject to acquisition of all Lhe propert_. ta ��e Souti�. Mr. Zeglem said �hey have got to get someone to come in that axea and get a foothold. H� felt the telephone company would be doing just tr.i,s. Planning Cammission Meeting - December 20, 1972 Page 14 /-, Mr. Fitzpatrick spoke to the audience saying that they have just seen the Com�ission protect this one owner on which Northwestern Bell Telephone has an option, but has not purchased it yet. This motion on the vacation has done just that. $e thought they could expect the same kind s�f protection for themselves when the time comes. He was in total sympathy with them, but could not totally reassure them until that time came. Mr, Clark felt that a house which was bet�een two cvmmercial structures is not necessarily worth nothing. Maybe the c�mercial area need parking area and the home owner has got the advantage because he has what the purchaser wants. RECEIVE FLATS S� SUBDIVISIONS - STREETS & UTILITIES SUBCOMMITTEE MINUTES; DECEMBER 5, 1972; Mr. Schmedek� asked that the last senteace in the third paragraph from ,,'�,S the bottom of Page 1Z be deleted. ,_: ,; MOTION by 3chmedeke, seconded by Zeglen, that the•Plaaning Commission recive the minutes of the Plats & Subdivisions - Street & Utili�ies Subcommittee meeting of December 5, 1972, with the above correction. Upon a voice vote, all voting aye, the•motiou carried unanimously. COMPREHENSIVE PLAN° Mr. Clark said that January 10, 1973 would be the presentation of the ^ Comprehensive Plan before the Planning Commisaion. ''The slides will be basically the same as the Comprehensive Plan. The Public He�ri�ig motice and mag were being mailed with the City �alendar. ADJOURNMENT : Chairman Ericicso� adjourned the meeting at 11:35 P,M. Respectfully subm�t�ed, HAZEL 0'$RIAN, S$CRETARX � ^ a � �1 ^ 1. CITY OF FRIDLEY -DESIGN OF The meetin� was �called to arder by Chairmaa Zeglen at $:20 P,M. MEMBBRS PR�SENT: Zeg1Qn, Simoneau, Tonco I�MBERS ABS$NTe Lindblad, Wh�te O'�iERS PR,�SEN�; aerrpld 8oardman, Planning Assistant 28, 1972 MOTION by Simoneau, seconded by Tonco, to approve the minutes of the December 7, 1972 meeGing as wzitten. Upon a voice vote, all. voting aye, the motion carried unanimously, ON OF A FOR 0 I HIGHWAY Ca, 7101 ST TO CONSTRUCT AN ADDITION LOCATED ON LOT 4 AUDITOR'S .E . , IN FRIDLEY� MLDIDTESOTA WAY ��65 NeE._ FR7DT.F.V_ MTt�nJ XISTING BUILD SION �t89, THE ST BY D. W, H ---- -- ,. MY'• Dick JQhusoa and Mr. Donald Harstad were present to present the request. Irix'. Johaeon said th� 12 #oot x 36 foot addition would be used fox offices on the fir;t floor and the aeCOnd floor would be multipurpose. It will be used as cat3ference rooms and a place for estimators to go over plans. Part of the eecond floor will be partitioned for an employee lunch room. They will be iustalling new heating and air conditioning units for the entire building. Mr. Zeg1Qn asked what they have im front of the building. Mr, Johnson said they have a self-curbing waj.k which would be extended to include the addition. Mr. To�co:�k�?d if they have anyt�iag separating the black top area from the gxeen ��ea now, Mr, Johmson said they were using p�ecast curb. Mr. Tonco sta�ed we would lxke poured 6"xi8" concrete curb installed a� the tip�e they cvastruct the add�tiono , Mx. Ze,�len q,uestioaed the area of the parking spaces. Mr. Johnson said the p�rkiu� l,ot has �never been striped. Mr. Zeglen said the parking 1ot shou�d be sK�i,ped in 1Q'x20' spaces. Mr, Bo�rdmaa said one of �he stipulat�ons of the building permit would b� a better sits plan. Thia should include the locations of a�j, b�acktopping az�d add�t�ona�, paxking a�Qa$, the location of the creek oa the site, and Ghe plauting aqd green areas. �, �Iars�ad said he would prefex a t�ee instead of law F�+�m���►&$ a� th� Noxthwest aodded area. �Z'. Ze��ea asked about �h� disposal of trash. Mr• aohnsom said they had two t�aab aonta�aers �hat axe picked up once a week. Hr, Johnsoa said they w�re removing the roof peaks of the original building whi�h would be replaced by cedar vertical siding. The original building and th� additipn wi11 th�n a1j. be the sameo �he exposed block on t.ie I3ortt� ;�u� � v£ t�e building will be �ainted to match the existin$ building, 0 �� u Building Standards-pesiga Control Subcommittee Meeting of December 28, 1972 ^ " Page 2 MOTION by Tonco, seconded by Simoneau, to recommend to the City Council approval � "of the requ�st to construct an addition to an existing building with the €ollowing stipulations: . 1. 10' radius on driveway ia N.W. corner of site, 2. Change precast curb to poured 6"x18" concrete curb. 3. Stripe the parking lot. (10'x20' spaces) " 4. Sod area on N.W. corner of addition and plant a tree. 5. Pxovide a site plan showing locating of blacktopping, additional parking, location of creek, and planting and green areas, Upon a voice vote, a�l voting aye, the motion carried unanimously. � 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A PANCAI� HOUSE LOCATED pN TfiF SOUTH 204 FEET OF THE BAST ZOO FEET OF LOT 3� BLOCK 2� EAST RA��jCH ESTAT�.� SECO:v� ADDITION THE SAME BEING 773Q UNIVERSITY AVENUE N;E., FRIDLEY �tLiv'IvESOT� �•��32. �tE UEST By T& M GENERAL CONSTRUCTION CONSULTANTS, INC , 1275 Ki2liSE, WEST ST PAUL, MINN�SOTA 551180) ^ Mr. Claude Thorp, president of T& M General Cpnstruction Consultants, Inc., was present to present the request. Mr. Tharp said this was a Towc� Crier Pancake House. The front of the building wil�. face East on University Avenue N.E. The exterior of the building will be white a�.uminum siding and Che roof will have bright yellow shingles. He said the�e would be a redwood fence around the trash disposal area. Mr. Zeglen said 6"xl$" poured concrete curb should border a11 blacktop areas. We require a�Q' radius on all entrances. M�c. Zeglec� asked the seating capacity of the building. Mr, Thorp said they �ay 160 people but it ��gures out to about 135. Mr. BQardman, said the Ci,ty Staff needs the elevations of the parking lots. He also asked for some berming as noted on the plan. Mr. Zeglen asked for four more Gzees to be planted on the corr,ers of the site. H� also asked about s�curity j.�ghtin�, Mr. Thorp said they will use a minic�um of 2 foot candles, He thought these would be gas l.ights that would be on 24 hqur& a day. These will be around the perimeter of the parkit.; lots. MOTION by Simoneau, ssconded by Tonco, to reCOmmend ta the Ci[y Council apgroval o� the request to construct a pancake house with the followfn� stipulations; !'1 • 1. IQ' radius on all entrances. 2, Poured 6"x1�" �oncz�ete curb around a11 blacktop. 3. Additional planting and berming as noted on Che plan. 4. Submit ciXaivage and elevation plan. z� � Building Standards-Desiga Comtrol Subcommittee Meeting of December 28, 1972 ^ � Page 3 /'1 ^ . Upon a voice vpte, a],1 voting aye, the motion carried unaaimously. ADJOURNMENT at 9:30 P.M. by Chairman Zeglen. . R�spectfully submitted, ���� 2.�e�r.ae-.✓ . porpthy Eve on, Secretary r J1 ~% � MEMO T0: Nasim M. Qureshi, City Engineer-Dir. of Planning MEMO FROM: Jerry Boardman, Pianning Ass:istant _-__ -�1KEN��ATE : January 3 , 19 73 _ -- -- RE: Flood Plain Insurance According to Jack Gilberson, the head of FHA Single Family ^� ltesidential Mortgage Loan'Department,.the agency bases the decision of granting loans on the studies by the Army Corps of Engineers -------cu�--�he--�Q.��.i�ilit�_ o.f, _f1Q.oding.. _ He .said__they will not grant loans in the flood potential areas whether there is flood plain zoning and flood insurance or not. The devaluation of property in or along a flood_potential area is determined only by marketability � studies by their office. He said this is generally how private agencies also handle it. r Jim Wright, State Department of Natural Resources, checked with HUD on the amount of insurance money that would be paid _..if the structure was.mor-e than _S0 per cent damaged and the occupant was unable to rebuild because of_the reznning to flood, - -, plain and they said that the insurance would pay only that per centage which was damaged, but not'more then the limit of ;� the coverage. ' ./ �¢ , .�'r � JF, Y MAN anning Assistant JB/nj c �''1 .