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PL 03/21/1973 - 31148`� � CITY OF FRID7,EY ... ti PT.AAAIPG COPIl+�IISSION MEETING MARCfl 21, 1973 pAGE 1 e CAT.� TO O�DER: Chairman Ericksoa called the weeting to ordex at 8:00 P.M, RO�I.L CALL : Members Preseat: Erickaon, Schmedeke, Zegl�n, Fitzpatrick, Miai�ia Members Absent: Roae Others Preaent: Darrel Clark C�inity Development Administrator- APPROVE PLANNIAG COIrIl�1ISSI0N MIN[T,�ES: )fARCii 7, 1973 r__.._ Mr. Fitzpatrick asiced that paragrsph 2, on page 18 of the minutes be amended to,read that Mr. Fitzpatrick waen't coavinced that this was the solution to a problem iatersection. . Mr. Miniah said a request he made was anitted from the minutes. He waata a report oa the extent of the rusty water problem in Fridley. Ae �--� wanta to know what steps the City ie t�king to correct the problem and - if there are any iron removal plaas. f �, MOTION by Fitzpatrick, aeconded I�y $chmedeke, that the Planning Co�ission approve the miautea of March 7, 1973 as corrected. Upon a voice vote, all voting aye, the motioa ca�ried unanimously. RECEIVE PLATS � SII$DIVISIONS - STREETS b UTILITIES SIIBCOI�IITTEE MINUTES: FEBRUARY 28, 1973 . _ . , _ 1�sOTION by Schmedeke, aeconded by Zeglea� that the Planniag Co�ission zeceive the Plate & Subdiviaiona-Streets & Ut.Llities Subcommittee minuees of February 28, 1973. IIpon a voice vote, a11 voting aye, the motion carried unaaimously. RECEIVE PARK9 d� RECREATION CO1rIl�1TS5�ON �UTE3: FEBRIIARY 26, 1973 1�TIOP by Fitzpa�rick� �ecacided by Miaieh, that the Planning Commissian receiva Paxks 6 Recreation Coamiis�ioa minutee of February 26, 1973. Upon a voice vote, all votiag aye, Che motian carried unanimously. RECEIVE BIIILDINQ STANDARDS-DESIGP C�80L SUBCOA�+IITTEE 1�IINUTES; March 8 i973 • iti0TI0N by Zeglen, seconded bp Miai�b, that the Planning Cammission receive the Building Standards-Deaigti CauC�ro1 Subco�ittee minutes of March 8, � 1973. IIpoa a vaice vote, $11 voti,ng ay�, the motion carried unanimously. �� .• RECEIVE BOARD OF APPEAI.S MINUTES: MARCA 13. 1973 ' MOT�ON by Ze��,en, e�conded b�r M�,ni�sh that the Planning Commission receive th� miautee of th� 8oasd of Appe�,�q far March 13, 1973. Upon a voice vote, all voting aye, the motion ca�xied uaaaimously. � r"� � �. �, �� Planni Cammisaion Meeting-March 21, 1973 Pa e 2 1.• CONTIN[TED: PZJBLIC HEARxNG: REZOIQING AEQOEST, ZOA �73-04, BY SAMUEL TEI�LIN:. To rezoae Lots 1 and 2, 39 through 42, Block 6, Fridley Park Addition, from R-1 (aingle family dwelling areas) to R-3 (general multiple family unita) for townhousee. Mr. Samuel Templin was present. � Chairman Ericksoa said this rezoning request had beea continued to allow the petitioner and the people in the area to come up with a possible �ampromise. Mr. Templin said that he would change hia proposal fram one four unit aad oae five unit to two four units. By decreasing the request by ane unit, he could build a better lookiag project. Chairman Erickson said there was objectioa to having any of these units facing Rice Creek Waq. Mr. Templin eaid these would be such nice units that they wouldn't ruin the property valuation ia the area. Mr. Fred flalveraon, 85 Rice Creeek Way, said he was speaking for himself and for Dick Silverst�in, 6675 East 8iver Road, when he said they didn't waat any rezoniag in thia area. Mr. Don Smith, 81 Rice Creek Way, eaid there have been manq nice rental units builti in Fridley, but'after a feTe� years the maintenaace begins to alip. Se said it was the nature of income property that when small units were built, they were hard to maiatain. He said Mr. Templin kaew the land was zoned R-1 whea he purcha�ed it, with no promise that it could be rezoaed. Mr. Ericicson eaid he would auggest that the property on East River Road be rezoned to R-2 and the lots facing Hickory Street remain R-1. Mr. Smith said he woulda't be opposed to this proposal. Mr. Templin said he would like ta get along with the neighbors in the area and wondered if they would accept a 4 unit on East River Road and x-1 on flickorq 3treet. Mr. Clark said the four lots on East 8iver Road had 45 foot frontages. Mr. Erickson said this would make two 9p foat eites on East River Road if it was rezoned R-2. A�IDTION by Zeglen, seconded bp 9chm�deke, that the Planning Commisaion close the Public Hearing oa the r.ezoaiag requeet, ZOA, by Samuel Templin. Opon a voice vote, a12 voting aye, the �aoti.on carried unanimously. I�r. Clark said if thie was �ezoned to R-2 we may have to give accesa to 8ast Rives Road. If this wae a four plex it could use the Rice Creek �1ay enCrance. The petitioner could use Ghe vacated alley for an entrance; however, th� Ci.ty does�'t waat to maiataia an alley. Mr. Fltzpatrick said the petitioaer ie not asking for R-2 rezoning. Plan�iag Co�missian Pieeting - March 21, 1972 , Page 3 ,.�..1 , � � . • �J ,•-� I�TI� by Fitzpatrick to contiaue the Public flearing on rezoning request #73-04, by Sa�el Templin, to give the petitioner a chaace to chaage his request. ?8E MOTION died for lack of a aecond. . � /+'� t:hafrma$ Erickso� said we couid �ecoamnend a ffioderation of the petitioner°s request. Mr. Schmedelce said the petitionez did sa� he would accept R-3 rezonin� on East 8iver 8oad aad leave the zoning R-1 on Hickory Street. Mr. Erickson said if the rezoning was granted thi� way, the second readiag could be �ield up uatil the plaas were approved. . Mr. Fit=patrick �aid ehe proper�y South of thia parcel was zoned R-1. Mr. Minieh aaked Tdir. Templia if he would agree to R-2 rezoning of the property facing East River Road. Mr. Templin eaid he would not becau�e there was ao moaey market for double bungalows at the present time. . MOTION by Minieh, seconded by Fitzpatrick, that the Planning Commission secom�end to Council desial of the rezoning request, �73-02, by Samuel Templia, to rezone Lote 1 and 2, 39 through 42, $lock 6, Fridley Park Addition, from 8-1 (sfngle familq dwellin� unita) to 8-3, (general multiple family units). IIpoa a voice vote, all voting aqe, the motion carried unaaimously. 2. COPTINUED: VACATION RE UEST: SAV �73-02 BY SAMDEL TEI�I,IN; Vacate the North South alley ia Block 6, Fridley Park Addition. Mr. Scim�edeke �aid the Plats 6 Subdivfsions-Streets � Utilities Subcammittee recoamended to the P1a�iag Commiasion approval of vacation request SAV #73-02, by Sa�auel Templin, to vacate the alley, not contingent upon the rezoaing request being approved. Mr. Cla�k said there was a ce�texy eacroachment on this alley so it would never be opeaed. Mr: Glena Thompson, of the Michael Sex�vetue �Unitarian Society, said thep �ere responsible for the cemetery and would like to have the alley vacated. Mr. Schmedeke asked if ther� was anyoae �.n the audience who was against the vact�tion of the alley. People fr� the area said they had no objectiona, Mr. Minish said he is agaiast the vaca�ion of the alley at this time because if the area is developed a� R-1, there would be property that wouid have to have accese on Eaet River Road. He said part of the all�y could be vacated, but the part of tbe a11ey that servea this property he� would like left open. ^ 1r10TI0N by Schmedeke, seconded by Zegj,ea, that the Planning Coumnission -� � recommead to Counai� approval of th� vaaatio� request, SAV �73-02, by Samuel Templin, to vacate the North/South a�ley in Block 6, Fridley Park ' Addition, subjec�. to'the 12'foot utility �asement being retained. Upon a va�ce vo�e, Erick��n, FiCzpatrick, Schmedske, Zeglen vot�ng aye, Minish nay, the motion carried, PlanninQ Coam►iesion IK,ecting-March �1, 197_ 3 _ Page 4 � .. . .�; ^ 3. CONTINTTED: PIJBLIC BEARING: REZOPIPG REQUEST, ZOA �73-04, NORTIi AIR HO1� ASSOCIATION: ltezone from R-3 (geaeral multiple family dwelliaga) to C-2 (general business areas), Lot 1, Block 1, Harstad Addition, and the Southerlq 150 feet of Y.ot 18, Brookview Addition, subject to road easement over Sout6 50 feet, to bring it up to right code classification. l�fr•. $ichard Schintgen and Mr. Sichard I�rench were present. Chairman Ertcksoa said �his requeet was made so the Knights of Columbus could build an additic� to their building. The Plaaning Coamnission continued the Public Searin- while the Ca�iesion made a request to the City Attomey to eee if our ordinaace could lae altered so we would not have to re�omme fox a non-conforming use. The Commiesion members all have copiea of a letter from the City Attorney in which &e said the request for this particular addition be referred to the Board of Appeals. • Mr. Darrel Clark said that was hie interpretation of the letter also, but ia t�llcing to the City Attorney, he aaid thie variaace could be acted _ upon by the Planning Caa�iaeion. If the petitioner was just starting out in his requeat, he could have gone to the Board of Appeals. As this request has beea before the Planning Coa�issiaa, it could be acted upon �--� by the Commission. Ia ftture cases, the,City �ttoraeq will direct us on ' � bow to handle the request. ^ � . � Chairman Ericksoa told ihe audience that what the Coffiission understanda the City Atto'rney to be saqing,'•is,'if we'don't wish to iezone the property, • we could reco�end that the petitioner be allowed to have his request granted under the appeal section of our osdinance, and if the Council eoacurred with this approval, the petitia�er could b�ytld his addition without rezoning. Mr. French aaid the rezoaiag m�kes ao difference to the Kaights of Columbus. We don't care what the zoning is, as long as we can build our addition. The property awnera ia the area don't want the propertq rezoned. MOTION by Minish, aeconded by Fitzpatsick, that the Planning Coa�issi.on close the Public Hearing on rezoning request, ZOA �73-04, by North Air $ome Aesociation. IIpoa a voice vote, all voting aye, the motion carried unanimouslp.- 1�TIQN by Minish, seconded b� Zeglen, that the Planning Coammias'ion ' reeommend to Council denial of the ;ezoning xequeat, ZOA �73-04, by North Air Home Association, to rezoae from 8-9 (geaeral multiple family dwelling�) to C-2 (general businesa areas), Lot 1, 81ock l, Harstad Addition, and the Southerly 150 feet of Lot 18, Brvokview Addition, subject to road eaaement over South 50 feat, aad recan�end �o Couucil the granting of ^ the variance neceesary ta permit the isauance of a buildin� permit for �� the proposed addition,•subject to the conditions of Building Standards- . Deeign Control minutes of March $, 1973. Upoa a voice vote, all voting aye, the motian carried uaanimously. � Planniag Commission l�eeting-March 21, 1973 Page 5 i"1 4: FOBLIC HEARING: REZOIJING REQUEST, ZOA #73-05, B�' ROBERT SCii1t0ERs The 3outhwest Quarter of the Southwest Quarter of Section 2, T-30, �-24, except that p�rt taken for hi�hway purposes; rezoa�e from M-2 (heavy industrial areas) to R-3 (general multiple family dwellings), the &lesterly 493 feet, and rezone from M-2 (heavy iadustrial area�) to C-2 (general businese area�) all thai part of the Southwest Quarteg lying East of the �Testerl� 493 feet, e�cept th�t part taken foar - highway purposes. Mt. Robert Schroer was preaent. MOTION by Fitzpatrick, seconded by Schmedeke, that the Pl��ning Caomiasion waive the readiag of the Public �earing �otice fo� r�zoning request, ZOA #73-05, by Robert Schroer. Mr. Minieh eaid the Public Hearing notice aaid this property was located an Highway �65, and it should read Highway �k47. Mr. Clark said the legal description was correct, but the generally located should read Higt�ay �47. .. � OP� A VOICE VOTE, all voting aye, the motion carried unanimously. d � Mr. Clark said Mr. Schroer was proposiag to rezone.the Easterly part of this parcel ca�ercial along Highway �47, and the Westerly part ^, of the parcel alaag Maia Street to R-3. This proposal doea follow the general plan ahowa in the proposed campreheneive plaa. Mr. 3chroes said his plans for the property were still rather vague at the maa�eent, but he had had some good interest in the propertq for commercial use. He said that in talking to City officials, they said they would like to eee to�mhouaea ia the`area he was proposing to rezone to R-3, because the laad is difficult to work with because of the peat in the area. He said he had agreed there will be some ponding done in the towahouse area. Mr. Clark said the land North of thia parcel is zoned M-2. The property South of tl�e parcel is zoned C-2 on the Eaeterly 600 feet, and the balance is zoned 1�-2. Mr. Schroer�e propoaal woiild rezone 900 feet as C-2, so there would be a jog in the zoniag of C-2. Mr. Wayne D. Wormsbeck, 3200 North Lilac Drive, Golden Valley, said he owned the lot South of what Mr. Schrosr proposea to rezone R-3. He said he wae nor aure that was the ri�ht sp�t for R-3 zoning and would like to see the area stap iadustrial. • Mr. Clark eaid the Whole area is baeically industrial. In the comprehenaive,plaa, we recoumiended tbia land be rezoned multiple because ,r"� w� �elt we had a suf#icient supply of vacaat industrial property. Mult�ple �,.� dwe�lings caa make better use of thia land thaA ain�le family dwellings. Chairmaa �rickson said these was a question in his mi�d that we may l�q a�tiqg a bit prematurely. The Council hasn't reviewed or given appraval. � Planning_Commission M��ting - March 21, 1973 Page 6 �"1 ' 1�TION by Schmedeke, seconded by Fitzpatrick, that the Planning Co�iesion coatinue the Public Hearing on rezoaing request, ZOA 4�73-05, by Robert Schroer, the Southvest Quarter of the Southwest Quarter of Section 2, T-30, R-24, except that past taken for highway purposes; rezone froa� M-2 (heavy industrial areas) to R-3 (general multiple family dwellin�s), the Westerly 493 feet, and rezone fr� 1K-2 (hea`ry industrial areas) to C-2 (general business areas) all that part of the Southwest Quarter lyin� Eaet of the Westerly 493 feet, except that part taken for highway purpose�s until the Council�has time to approve or amend the comprehensive plan. Ia his second of the motian, Mr. Fitzpatrick said this was a judge�ental consideratioa whea the Commiseiaa recomm�ended we had more industrial land than we aeed and that ffiultiple dwellia�s were a good use for this iocation. Chairmaa Erickson said we can eoiatinue this until our next meeting. fle asked Mr. Clark when the Council would review the comprehensfve plan. Mr. Clark said they would get the minutee of the last Public Hearin� on April 2nd. . Mr. Fitzpatrick said he r�ougd withdraw his section to the motion. Mr Schmedelce said HE WOULD WIT�RAW gIg 1�TIOA. /�1 • Mr. Fitzpatrick said that within 90 days we should kaow if the Council /'1 1e going along with the proposals of the camprehensive plan. Mr. Clark said the request could be contianed for a ahorter time, and act on the part of the property that ie requested to be rezoned coumiercial. This would allow the petitioner to make some plans for the commercial area. MOTION by Minish, aeconded by Fitzpatrick, to coatinue the Public $earing by the Planaiag Co�ission until April k, 1973 on rezoning request, ZOA �73-05, bq Robert Schroer, on the Southwest Quarter of the South;aest Quarter of Sectioa 2, T-30, R-24, except that pazt taken for highway purposes; sezone from M-2 (heavy industrial areas) to R-3 (general multiple family dwellings) the Westerly.493 f��t, and rezone fram M-2 (heavy industrial area�) to C-2 (general business areas) all that part of the Southwest Quarter lyiug Eaat of the Westerly k93 feet, except that part takea for highway purpose�, to accomodate the petitioners time schedul� and take into account the Couaail revi�w of the compreheasive plan. IIpon a voice vote, all voting aqe, the motioa carxied uaanimously. ' 5. PUBLIC AEARING: PBOPOSED PRELIMtNARy pi,,,AT P S. �73-01 RUDOLPH BA A replat of Lota 12, 13 and 14, �lock 1, Spring Lake Park Lakeside. Mr. Rudolph Bayer was preseat. ,� MOTIOIV by Fitzpatrick� second�d by 3chmedeke, that the Planning Caamti��ion waive t'he readiag o� the Publia Hearing Notice on proposed � � r�liminar p y p1at, P,S. #73-01, by Rudolpb Bayer. Upon a voice vote, al� votiag aye, the motioa cazried unaa�,mously. Planning Co�i_asion Meetin� - March 21, I973 Page 6 � '^ • Mr. Schmedeke said this request had been continued from the February 28tt Plats � Subdivisions-Streets � Utilitfes Subco�nittee to March 15th. Mr. Bayer was not present at the March 15th meeting but the Subcommittee made their recommendation to the Planning CoaQaission because it was scheduled . for a Public Hearing tonight. The Subcoamnittee recoa�ended to the Planning Commission that the five proposed 72 foot lots on McKinley Street be chaaged to four 90 foot lots, and that the 20 feet to the South of the lots on Lakeside be included ia the plat �s an outlot. Mr. Schmedeke said the Subcommittee had been quite rigid on meeting the requirements of the ordinance, except in hardship cases, and they did not feel this was a hardship. �Ir. Clark said this reques� was �ontinued to allow Mr. Bayer to confer with other people ia his firm on this reco�endation. Mr. Bayer said they still wanted to plat the lots on McRinley Street into 72 foot lots. Mr. Ericksan asked ehe purpoae of making an outlot of the South 20 feet on Lakeside. Mr. Clark said this 20 feet was being purchased by • the adjacent property owner on the South end of this Plat. Mr. Erickson n asked if we had any assurance the lot would be purchased. Darrel Clark said not ia writing. '� Mr. Bayer said if the 20 foot was not sold it would be added to the lots on Lakeside. Mr. Bayer said if the lots on McRinley were to be platted as 90 foot lots, he would r�ther leave the back of the plat as it is. We will just plat Lakeside. . Chairman Erickson asked if there were any utilities in on McRinley Street. Mr. Clark said there could be some power lines, but there were no water, aewer, or street. Mr. James Rudnitski, 1658 77th Aveaue N.E., said he opposes the 72 foot lote on McRinley. fle also objects to McRinley Street being opened. Mrs. Jean Alstrom, 1645 75th Avenue N.E., asked Mr. Bayer what type of house he was propoaing on the 72 foot lots. Mr. Bayer said it would be an L-split with a S1 foot frantage. Mr. $ayer said that although the lote were only 72 feet wide, they were deep enough to have 9,864 square feet on each lot, whic,h exceeds the minimum requirement by 864 square feet. With the large lots on Lakeside, the people living on these lots would be muc� lesa than if we met the mfnimum requirementa on all the lots. Mrs. Alstra� said she had no objection to the proposal. She said they were alao requesting that McKinley Street be opened. � . Mr. Rudnitski asked what type of zonia$ would apply to these lots. °'�' Chairman Erickson said they would be reaidential. There has been no request for a zoning change. Plannina Co�ission Meetin� m M�rch 2A, 1973 pa�� g !`1 Mr. g. M. Passenheim, 355$ Rsaox Ave:aue North, Minneapolis, said he '^` was epeaking for Saad=a Chelatrom, 1670 77th Avenue N.E., aad they wer� a¢raid these houses would look like cracker taoxes as did some other new hames ia Fridley. i�r. $ayer said he thougist they were referriag to the 235 housing. Tise homes Mr. Baqer was proposing are nothing like that. Mr. Bayer said the hames he wanted to build would upgrade the neighborhood. Mr. Leo Heyae said he had talked to the aban who wanted to purchase property from Mr. Bayer on the South side of Lakeside. He said the man said he was purchasing 40 feet. Mr. Douald Wehlast, a partner of NLr. Bayer. said he had talked to the purehases and it was a misunderstandin�. They were only going to sell 20 feet. Mr. Fitzpatrick asked th� name of the purchaser. Mr. Bayer said his name was Mr. Coraell, 7525 Lakeside Drive. He said Mr. Cornell would have been here toaight but he receatly was discharged from the hospital. Mr. Cornell needs tha property because part of hi� garage is already on the property, � , Mr. Robert Henderaon, 7600 Stinson Blvd., sai,d Mr. Bayer saqs this will be a nice developmeat but open land is nice too. Mr. Bayer said there was a school going in oa the Tdest side of Lakeside so there � will still be open land ia the area. /"� /"'� Mr. Gene Lake, 7584 Stinsoa Blvd., said he has been paying assessments on his 1ot for eleven years and he still doesn't have a decent street ia froat of his house ar anq curbing. If they opea McRinley, I will get loaded with assessments for the bacic of �y lot. I couldn't keep my property with all these a�sessmente. . He eaid he had brought a letter from David A. Bergsven, 7566 3tinson $lvd. N.E., which containe Mr. Bergsvea�s fe�liags on this proposal. Mr. L�ke iead the letEer in which Mr. Bergsvea stated his'opposition to the opening of McKinleq Street. MOTION by Fitzpatrick, secoaded by Zeglen, that the Planning Commission receive the letter fra� David A. Bergsves dated March 20, 1973. Upon a voice vote, a11 voting aqe, the motion casried uaanimously. Mx. Bayer �aid we are not x�eally aekia$ for a etseet. We would like to have Lakeside platted so we could start building. Mr. G�ne Lake said that once developtnent starts in the area, we will end, up with McKirtley ,Stxeet op�n whethe�e ws want it oz not . 1Kr, Bayez said that when the atreet comea up for consideration, we , could n�eet with �he property owner� aad �ork something out to mutual agreement, .� Mr. Cl.a�k eaid we have 1KcRin].sq' gtreet, There ie . �� t:hi� �lat was a�prov�d, had anoCher request to consider the opening of ao echedule s�t oa the opening of the strest, but i� cauld come up �'or causideration. Mr. Baqer �aid we're not the oae's �pp �equested the street be put in. � Plaaning Cammission Meeting - March 21, 1973 page q i"'�, Mr. Schmedeke said we maybe should have an either/or clause in our o�dinance. The 72 foot lots do aot meet the lot width requirements, but the square footage exceeds the minimum lot requisemeats. �'�1 ^ � � Mr. Erickson asked Mr. Schmedeke if the Subcommittee considered leaving the back part of this plat an outlot. Mr. Schmedeke said the petitioner was aot at the meeting, a�d they just considered having the lote meet the code sequirements. Mr. L. A. Alstr�m said that 1300 feet is alseady dedicated for the stzeet. There are oa,.y four property owners who haven't dedicatced l�nd for McKinley Street. Mr. Erickson asked if there was anyone on Stfnson wrizo would want to eubdivide his property if McKinley weat in. Mr. Rudnitski �afd it would be our oaly alternative because of the aeaessments. Mr. Lake asked if they could wait and eubdivide their lots after the street has been p�roposed, or if they�still would have to pay all the assessments. Mr, Clark said the City has no requirement that all the asseasmente had to be paid at once, but most mortgate companies have that requirement. • Mrs. Alatrom said we are payiag taxea on these lots now that are worthless to us. If McRinley is opened up, it would raise the value of the lots. She thought they would gaia much mo�e than they would lose if McRialey wa� opened. Mr. Fitzpatrick said at thia meeting, and at other meetings, there� were people who did aot express an opinion. He said he thought it was verq important that people who attend these Hearinge express an opinion. MOTYON by Zeglen, aeconded by Fitzpatrick, that the Plannin� Coa�isaion close the Public Hearing on proposed preliminary plat, P.S. #73-01, by Rudolph Bayer. Upon a voice vote, all voting aye, the motion carried unanimouslq. Mr. Schmedeke said the petitioner shouldn°t be atymied completely. Re thought the platting of the 85 foot lots on Lakeaide should be allowed and make the back of t�e property an outlot. Mr. Minish said he thought the Cv�miseion should ask for some type of agreement on thQ purchase of tkae 20 feet on the South side of Lakeaide. MOTION by Minish, seconded by Schmedelce, that the Planning Commission recoam►end to Council approval of the preliminarq plat, P.S. �� 73-01, by Rudolph Bayer, a replat of Lote 12, 13 and 1G' �loak 1, Spring Lake Park Lakeside, with four 85 foot lota on Lakeside, and four 90 foot lots on McRinley, with the South 20 feet being made part of the plat as an outlot, the fina], plat not being approved until a copy of the purchase agreement ia furnished the City, and escrow of purchase price to insure that the awaer to the 9ou�h �s purchasing the pxoperty, contingent upon the filing of the p1at. Upon a voice vote, a11 voting aye, the motion carried unanimau��,y Plannin� Ca�issf� Aseeting - M�rch 2�, 19�3 p� ��p � ^ 6. PUBLIC HEARING: PROPOSED PRELIlKINARy PLAT p�S ��73-02 IA�ATSBItIICK NORTl� TOWNAOUSES PHASE IV AND_ V, EY DARREL A. FARR bEVEI,OPA�NT CORPORATION: For Phase Iv and V of the townhouse area generally located�One Quarter Mile East of Matterhorn Drive and North of Iater�tate No. 694, being a replat of Outlot H, Innsbruck North. 7• PRELII'�NARY PL�iN APPROVAL : PHASE IV AND V(118 TJNIT TOWNHOIISE ) �7C D�tREL A. FARR DEVELOPME� CORPORATI01�: Generally located One Quarter Mile East of Matterhorn Drive and North of Interst�te No. 694, being a replat of Outlot H, Innsbruck North. Mr. Darrel Clark said the petitioner had written a letter to the Co�mission asking that these items be contiaued until April 4, 1973. �1e got the letter soon enough so the Publ.ic Hearing notice sent to the people cpuld be ameaded. Chairmaa Erickson said these items wouid be continued until April 4, 1973. . 8. PDBLIC HEARING: PROPaSED PRELII�IINARy p�,AT P.S. �73-03 MICHAEL 38RVET[TS UNITARIAA SOCIETY: A replat af Lot 8, Second Revision Auditor s Subdivision Ao. 21, except that part taken by,the City. r'�1 Mr. Glena Thompson and Mr. Robert Hughes were present. ^ MOTI0�1 by Schmedelce, seconded by Ze�len, that the Planning Cou�ission Waive the reading of the Public Hearing'PTotice on the proposed preliminary plat P.S. �73-03, by Michael Servetus Unitarian Societq. Upon a voice vote, all votiag aye, the motion carri�d unanimously. Mt. Schu�edeke said the Plata & Subdivieions-Streets � Utilities Sub- coam�ittee recommended to the Plaaning Co�mission approval of the proposed p1,at coatingent upon the petitionex bein� auccessful in obtaining 12 feet fram the� City so the lots meet the minimua� frontage requirement of 75 feet; . oCherwi$e it will have to be platted into 96 foot lots. Also recommended ' for approval were two cul-de-sacs; a 60 foot cul-de-sac on Oakley Drive �nd a 50 foot cul-de-sac on 67th Avenue. Mr. Clark �aid this is simil$r to wlxat the Admiaistration wanted except they waated th� atreeC to go through from Oakley Drive to 67th Avenue, buC it was the recoamneaadation of the Subcommittee to allow the cul-de-saca, at.the petitioaer'e sequest. 7l'he petitioner wanta to dispoae of the Sorth half of its property, to ba platted for single family homea, and waat�a to obtain 12 feet of the property it had sold to the City, f.or a park, back from the City, to meet �be code requirementa, , �'�1 I� � l�iia�sh asked the width of tt►e p�oper�y they have now. Mr . Clark �,"`� eaid it was 288 feet. �. Ericksoa asked the reasoa the Ci�y Staff recommended the road to �hrough. ' Planning Co�nia��on Meetin� - M�rch 219 �973 Page 11 !�1 _ n Mr. Clark said there were a couple of reasons. Oae, was to eliminate two turn arounds for traffic flow, and it would make it easfer to plow; and secoad, we cot�ld more economically take care of the drainage by putting in oae storm sewer. With cul-de-saes there will have to be a dra�nage pipe from one dul-de-sac to the other. Mz. Schmedeke said the Subeo�ittee was ia favor of the cul-de-sac plan because this property does ad�oin a park. �he cul-de-sac on Oakley Drive could be iased for aa entrance to the par�s. 4�enever there is a road by a park, there see� to be a problem of excess speed, The church will g�ve us the land aeeded for the cul-de-sace. Mr. G1enn �'&�pson said the Boaxd of Trustees felt it would serve the best interests of the area by havin� the cul-de-sacs. We do want to �taia the 12 feet from the Cfty so the lots can be platted into eight 75 foot lots. If it had to be platted into six 96 foot lo�s, the lots - would be more difficult to see: 75 foot lots would be more marketable. 8e thought this was a�ood location for homes. He said if the street went through he wondered if ti�e Citp was aware there was about six or aevea feet of pe�t where the street wou�d be located, which would ineolve a Iot o£ expense ia removing and refilling. He said they are willing to contribute enough land to have a 60 faot cul-de-s$c on 67th ".venue also, if the City so wishes, �e said there was a ditcH on the park property and �,..1 a� he undesstood the situation, the City could give 12 feet of this land withaut loaing land they could use for the park. ^ Mr. Fitzpatrick said t�e icnew there iaas a problem of wet land and drain�ge in this area. 1Kr. G1ark eaid ther� was 37 feet bet�eea the center of the ditch and tbe present property line of th� Church. If 12 feet were sold, there would still be 25 feet left. He tbought there should be a 10 foot easement on the property the Church obtained for a slope. Mr, Clark eaid he had talked to Pau1 Brown, who said he didn't have any authority ta aell park property, but thought the land could be made available. �Ir. 8obert Hughes �aid it was preferable in a11 regarda to have a cul-de�sac appsoach. He said he believed the extension of Oakley Drive woulda t serve a�ay useful puzpose either for the Cl�urch or the park. He said it was usuaZly a high speed area bq the parks, and it would be a protection for peo�le usin� the park to eliminate this. l�r. Erickson aske$ haw lon� the cul-de-saca would be. Mr. Clark said according to the ordinaace, the lengeh of a cul-de-sac cannot be longer than 900 feet and � don't think ei�her of these cul-de-sacs will be that long. Mr. &oaald Aesbit, 990 Pandora Drive I�9�., asked if the Public Hearing ^ notic� he received was because of the prapo�ed development or because of � � additiona� asseasments because of the de�elapment. Chairmaa Erickson sa�d it was a requ�.r�ment of the ordina�nce that property o�ters be notified when propesty Wa� being platted. This was not Planni�g Ca�mi�sior► Meeting m M�r�h 21� 1933 pa�� �2 �� � fo� assessmeats. Any asaessmenta nece�sary to develop this property w�uld be paid•bq the property ownera in this development or there would have to be another hearing on the improvement� aad those aff�cted would be notifieda . �1 �� Mr. Raya�ond Gerrety, 1051 67th Avenue �.E�, said he lived right next to this progerty and hadn�t received a notice. Mr. Clark said �is file may have beea out of the drawer at the time the names of the property ownex� we�e taken. Mr. Gerrety asked the purpose of the proposed plat. Mr. Clark said it was to plat the property into buildiag aite for aingle family homes . � Mrs. Jamee Breider, 969 68th Aveaue N:E., asked if the Church w�s goiag to build the homes cm thia property. Mr..Glenn Thoffipson said this Qu�stion hadn't been resolved yet. He said it was his contentioa �hat the Church was not in the real eatate business and he would like to se� the lots aold to s responeible developer to build homes. Mr. Neabit said he would �o along with what the Church proposed and ag�eed with the cul-de-sac plan. Mr. Lewis We11s,�6553 Oakley Drive, aaid he had nd objections.� He liked the cul-de-eac. Mr. Peter Percic, 1050 68th Avenue N.E. eaid he wasn't aware cul- de-sacs could be put in. He thought 0$kley Arive would have to continue. Chairman Erickson said from the City�e etandpoint, they would like ta have it contiaued, but the petitioner wanCed cul-de-eace and the Subcoa�ittee agreed to thia. Mr. Clark said that most p�ople find it desirabls to live on a street with a cul-de-sac. Mr. Glena Thompaon eaid there was quite a drop off fram Oakley Driv�. Mr. Rober� ilughes said there were treee whexe Oakley Drive would contiaue aad they would like to keep the trees. M4TION by Fitzpatrick, seconded by Ze�1en, that the Plaaning Commission ; claee the Pub�.ic Heaxing on the propesed �seliminarq plat P.S. �73-03, by ^ Michael Servstus Uaitasian Societp. Upa� a voice vote, all voting aye; the motioa earried unanimously, MOTION by Schmedeke that the P�.anning Ca�nmisaioa recommend to Council appx'oval of the p�opoeed preliminary pia� �.s. #73-03, by Michael Servetus Uaitarian 3ociety, to replat Lot 8, Second Revision Auditor's Subdivision No. 21, excep� that par� taken by the City, aubject to negotiation �or a 12 foot purchase �rom the City, a�p fao� ��ope easemtnt to be ret'ai,ned ^ ou the prope�tp purchased, aad a 60 faot radius cul-de-sac oa Oakley Drive __� aad a 50 foot radiva cul-de-eac oa 67th Avenuep , Mr. Fitzpatrick asked if aay of the aul-de-sa� was caming from park i�� � � � /"1 -- ,�"`� Plaasin�t Conomiasion MeetinA 4 Asarch 21, 1973 , Page 13 property. Mr. Clark said part of the cul-de-sac on Oakleq Drive would be. . I�c. Fitzp�triclt SECONDED TaE M�0'PION. Ii�r. Plin�,sh asked i� any �+o�ey fsoa� the sale of this property eou�d be uaed by the Park Board to purchase more park•land. Mr. Fitzpatrick said the mo�ey goes into a gene�eal fund �ad the Park Board works on a budget. . II�d A VOI�iE V07.'E, all voting �gre, the motian carried unanimously. �. �/�CATION REQIIEST: SAV #73-04, EY WA7� SIMOFTLAII: Vacate 572 Aveanue �oxtheast between T,ots 10 and 16, Block 4, City View Addition, between 6th and 7th Street N.E. ' ' �Iz, I�ar�ria Ha�°tse and t�, �obe$t �a��tra�, who k�ad joiae� ghe petitianer in bis zequest, were pa�eeent, Mr. Schmedeke said this i� a�imiiar aituation we had in my area, th� Hyde Paric Area, on 3rd St�eetm �� et�tent�on of 3rd St�eet was opened after being cla�sed for maay, many �ears to give �ecess for emergency vehicles. The Plata � Subdivisions-Streeta b IItilitiea Subcommittee recommeaded to the Planning Comrnissioa the vaca�i� of the North/South alley in alock 32, Hyde Park Addition, aAd re��m�nded vacatioa of 58th Avenue Northeast between, 6th as�d 7th Street Northeast, mnd denied vacation request, �73-04, by Wayae 3imoneau, to vacate 57� Aveaue between 6th and 7th Streets Northea�t, secomneading that the Citp retain the right of way and ask the Council to coaeid�� the possibility of opeaixlg th�� street. Ptx', Clark �said , Mr. 3itnoaeau withdrew hia reque�t at the Subcor�ni���� meeting of March 15, i973 because of this reao�enda�ion. ' lir. Fitzpatrick �ai�d if this recw�endatioa were followed, the petitio�e� wauid then be i.n the poaition of having a street behind his property, and b� asse�sed far it, without beaefit. Mr. Cl�xk said that when the C�ty �uts in a dc•uble frontage � the coste ars levied on the property �1.th a double stree� and 3/k is paid by prop�rty owaers abaut hal� way up the block. � �lr. Fitzpatrick said he didn't think anp of the people that asessaed by th� opeaiag oF thi� �t�eet Waui,d benefi�. streeta the othex would be l�c. Max�vi�t Hartse, 47S 57th Place 1�.E�, said the etreet being opened wouid be•of no benefi� to him and that Mrs. 1�Iildred M�rler, who owned propertp in the iwaediate area, Who had be�n a� the Subcommittee meetatng, wa8 oppQSed to the qpen�ag of tbe Street aad waated it v�cated a1so. 1Ks�, ltobeact Engatrom, 45.� �7th 1'lac� N.E., said he wae opposed to t'�e 3treet bein$ opened. Iie �aid �here ar� already three intersectioas ia a t�o b].oelc a�rea on 7th Streee �nd th�e wau],d make Che feurth , The �ch�ldren have a di�ficult tin� aaw walking saf�ty ta schoal on 61st Avenue Plaanin� Cammia�ion Meeting - March 219 1973 Page 14 n ,� � � without having to croas another i�tersectioa. Mr. Schmedeke said the reason the Subco�mittee made this reco�endation was to see if the City might want this street open to cut down on the time it would take an emer�ency vehicle to reach residences in the area. This reco�snendation would leave the decision up to the Couacil, the hameowners in the area, and any reco�endatioa the Fire 1Karshall might have. 1rlr. Fitzpatrick �aid he t�ou�ht �here was a� iron� here. A�equ�st was made to v�cate a street and it ended up a requsst for a decision on opening the street; and the closing of anoeher atreet and alley that the petitioner didn't ask for. Ae said he underatoad the reca�endatio� fraa the Subcommittee and lmew they were doiag what they thought was righta Mr. Minish asked how the petitioaer felt about the vaeation of 58th Aveaue and the alleya Mx. Clark said the petitioaer was in f�vor of these vacatioas. I�r. Schmedeke said no one objected to the vacation of the alley or of �8th Ave�ue. We are just holding off the decision on 57� Avenue to let the Council make the decisi�n on whethe� they wa�t this �treet opened or clo�ed. � Chairman Exickson said what you waat is to pass thfs on to Council � ao they will have a Public Hearin� oa the opeaiag of 57� Avenue, ^ Chairman Erickson said a motion could b� made oa what the Subcommitte� recomme�ded ior vacation. MOTION by Sci�medeke, �eeonded by Fitzpatxick, that the Planning Commi�aic recommend to Council vacation of the North/Sout� all�y in Block 32, Hyde Park Addition, aad recamonend approval of the vacation of SSth Avenue Nozthe�at between 6th and 7th Street Northeast, �orth of Block 32, Hyde Park Addition. Hpon a voice vote, a11 voting aye, the aQOtiom carried unani�ously. I�OTION by 3chmedeke, seconded bq Zeglen, that the Planning Commission recan�ead to Council delay of the vacatioct request SAV �73-04, by Wayne Si�oneau, to vaeate 57� Avenue between Lote 10 and lb, Block 4, City View Addition, between 6th aad 7th Street Northeas�. IIpoa a voice vote, �chaiedeke and Ze�ley voting ays, Fitzpatrick, Minish aad Ericicson voting nay, TBE MOTION FAILEDe Mr. �'itzpatrick said he wss not prepared to reccm�end denial o� �he petitioner'a request to vaaat� tite stree� bq a§king Couacil to open khe atreet. . MaTION by Fitzpatrick, aeeaaded bp Miaish, that the Planning Commissioa reco�end to Council approval of the vac�itina reques�, SAV �73-04, by Wayne � Simoneau� to vaaate 57� Aveaue b�tween Lota 10 and 16, Blvck 4, City View ' � Addi.tioa�, between 6th and 7th St�eet Northeast. Upor� a voice vote, ��^ Fitz�$�ricic, Mi.x�ieh, �rickeon voting aye, Scbmedeke and Zeglen votin� nay, A � �1QTION CARRI�D . . . � Plauntiag C�missioa Meeting - March 21, 1973 Page 15 � 10. DEDYCATT�N OF .9 I�III.ES OF STATE AID ROADS l�r. Darrel Clarl� said we have .9 �i.Ies of State Aid roads to dedfcate. Iat �oux zecommeadation you sbould come as close to that fi�ure as possible. Lsst week the Plata � Subdivisio�-Streets b� IItilities Subcommittee �eco�nded �.s thei� first c6oiee , Sth Street between 61st and 64th Aveaues and 63rd and I�onsoe. The State would not go along with the reconbteadatiqn for Sth 3treet because 7th Street and the University Avenue Service Road are State Aid Stgeets and they thought this �ceco�endatioa would make too many St�te Aid Streets in a concentrated �rea . Tbeir second recommendation was for 63ra and Monroe and Arthur Street, which would make a total of .72 of State Aid Roads, and the third recoam«ndation was fos Main Street comP�ined with either of the otber ti►o . • Tite� State has also given us a aeco�meadation for a route for Rice Cre�k Terrace to be eatended to Osborae 8oad, but thia route would go through the middle of Locke Park and would have too much impact on the �� area. �Ir. Clark said when they recammend these routes they do it from a map aod are not aware of what the atreet will go through. '� I�. Fitxpatrick said he thougbt they Iooked for parks. Mr. Ministi �afd i€ there wasn't a park in the area, it.would be a natural route. Chatira�an Erickson asked iE ther� w�s any atipulation oa how long you a�ta�leave a State Aid road uaimproved. Mr. Clark said there wasn't, but it t�as best to make a reca�endation on a road we imow is going to• have to be improved. He said 63rd aad Monroe, aad Arthur Street, will have �o be ia�proved in the aeact five years . � 1Kr.. Cla�k e�id the atreete recaam��ttded for State Aid had to connect �$tat� Aid Road Co a County Ai,d Road. Mr. Miniah asked Mr. Clark if he wanted a motion. Mr. Clark said �he reca�tend�tion had to go in ia April for aext years request for State Aid. I�'1'ION by Mi,aish, and aecoaded, that the Planniag Commisaion reca�end to Council that 63rd and Monroe, aad Artltiur 3treet, be dedicated for State Aid Roads. IIpoa a voice vote, a11 voting aye, the motion caxried unanimausly. . Chairman Erickson adjourned th� �neetia� �at I1s45 P.M. � �� _`'� Aespectfully �ubmitted, Douothy v son, S caretary " � � � i�/ � _ �/ .� . 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