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PL 12/07/1977 - 30481�` CITY OF FRIDLEY YLAIVNTP�G COMMISaION ME�TING DrCrT;MDER 7, 1977 CALL TO ORDFR: . � Chairperson Har•ris called the December 7, 1977, Planning Commission meeting to order at 7:31 P.M. ROLL CALL: Members Present: Members Absent: Others Present: Storla, Oquist, Harris, Schnabel, Langenfeld Peterson Jerrold Boardman, City Planner APPROVE PLANNIPIG COMI`�gISSION MTNUfiES• NOSJIl`�B�R 2, 19�7 MOTION by Mr. Oquist, seconded by Mr. Langenfeld, that the Planning Commission approve the November• 23, 1977, planning Commission minutes as �vriicten. Uvon a voice vote, a11 voting aye, the motion carried un�nimou�ly. The minutes were approved at 7; 33 P sM• TENANT/LqNDLORD COAZMiSSION Mr. Sterla announced tha.t the Tenant/Landlord Commission that was a sub-committee of the Human i�esource Commission tivould �; have � vresentation on Monda�*, Dece�nber 12, 1977, in the Classroom, starting �t approximately 8:00 P.M. He said that t h e y w o u l d be discussing ��r hat type of polic;� the lan�lords could adopt in order to lower the crime rate in their rental units. He indicated �hat someone from the State Planning Commission and someone from the State Housing Association would be giving a slide presentation regardi�ng tvhat the renters could c�o to help lovrer the crime rate within their rental units. He encouraged anyone that v�ould be interested to attend the meeting. . 1. CONTTNiTED: PUBLIC �HLARING:� �REZC�NING RE�UEST, ZOA #77-OCF, r , a r r.: � _ � • i,u 1`a i�, 80 FLLT OF LOT 6, AUDITOR'S SUBDIVISION N0. 25, LYING EASTERLY OF THE NORTHEASTERLY RIGHT OF j'JAY LINE OF THE OUTER DRIVF OF THE STATE TRUNK HIGH?'�AY #65, AND �V.CST OF A LINE ��53, 20 FEET ti'�EST OF THE EAST I,INE GF SAID LOT 8, .AS M�ASURED AT RIGHT ANGLES T0, r11�TD PARAI,LEL 41ITH, THE EAST LINE OF SA�D LOT 6 FROM R-3 (GENERAL MUI,TiPLE FAMILY DdvELLINGS), T� CR-1 (GENERAL OI'FICES AND LTMITZD BUSIN�SSES) THE SAME BEING 961 HILL�JIND ROAD N.E. (Public Hearing open) . . PLANPTING COMt�IISSIOIV M}; � ING - DF.C�MBER 7, 1977 . Pa�e 2 Mr. Boardman explained some of the items that had confused the Planning Commission at the November 23, 1977, meeting. i"� He said that one of the plats that they had been shown had never been filed and he indicated to the members the plat that they should study. On the approved plat, Mr. Boardman, explained the exact lots that ivere involved. Mr. Boardman indicated that if the road is ever put in that it �vould connect to Fillmore�he vras speaking of the Polk Street extension).He said that depending on how the area in question actually develops, it cras possible that Polk Street would form a cul-cle-sac. He said that it was not foreseeable that anything constructed on Polk Street NE v�rould be made accessable from Hill�vind Road. Mr. Boardman said that another problem in the area �vas the configuration of Hill���ind and also the configuration of the. lots. He said that at some point in time, they rrould probably be getting a replat of the area. Ch.airperson Harris asked if all the lots in question vuere under one otivner. Mr. Boardman said that there vvas raultiple ownership in the area. Mr. Boardman explained the zoning of the entire area. Chairperson Harris specifically ti;�anted to knotiv the zonings of the lUausau Homes building and the Real Estate 10 lots. Mr, Boardman said that the ti7ausau Homes building tivas zoned R-3 and that the Real Estate 10 lot was the only lot in the area that had been zoned G�-1. He said that it tivas zoned CR-1 in 197�. Ms. Schnabel asked if there v°rould be a chance that the Planning Commission �rould be hearing any more requests for rezonings from anything else that tivould go on Hilltirind Road. Mr. Boardman said that this request was the last property going up Hillwind, due to the steep inclines further up Hillwind. Chairperson Harris asked if the Staff had any objections to the request. Mr. Boardman said that they had no problems �vith the request. He said that he felt it �vas as good of a use for that lot as any. He didn�t feel that it �vould be detrimental to the area. He indicated that they proposed a rJell designed building that v�ould fit ti�rell into the area. �^ � � �, PLIINPIIPIG COt�Q�fISSION M�C.�, ING - DECT�MBrR 7, 1977 Pa�e 3 Chdirperson Harris asked if the lot met all the requirements for a CR-1. Mr. Boardman said that it was a larger lot than Real Estate 10 had; and, yes, it dic� meet all the requirements. Mr. Oquist expressed concern of the tra.ffic problem on the intersection of Hi�hv�ay �#65 and Old Central Avenue. He tivanted to knovr if this t�pe of operation tiaould negatively effect that already conjested intersection. Mr. Boardman explained the proposed traffic pattern. He said that basically that type o� operation didn't generate that much tra.ffic. Ms. Schnabel asked if tile �roposed parking lot could be made accessabl� from Polk StrEet. Mr. Boardman said that it could be a possibility. He said, that again, since that type of operation c�idn't usually produce tha.t �uch traffic th�t it tvouldn�t be that important to try to keep ihe Sundial Realty traffic off of Polk Street. Ms. Schnabel asked abnut the setixrer and zvater easements for the Sundial Realty Company, Mr. noardman said that the se�ver �aould be off of Polk Streei; NE and zliai the yrater rrould be from Hillc�ind Roade P�fOTIOPt by Ms. Schnahel, seconded by Mr. the Public He�rino. Upon a voice vote, motion carried unanimously. The public at 7:59 p,I�I, Langenfeld, to close all voting aye, the hearing tivas closed MOTIOIV by Mr. Langenfeld, seconded by Mr. Storla, that the Plann?ng Commission reca�►mend the approval of the rezoning request, ZOA �77-04, by Sundial Realty Company; R�zone that p�rt of the TTorth 80 feet of Lot 6, Auditor�s Subdivision No. 25� lying easterly of the northeasterly right of tiray line of the outer drive of the State Trunk High�vay ;�65, and t�Jest of a line �253.20 feet vJest of the east line of said Lot 8, as measured at ri ht angles to, and parallel ti�rith, the east line of said Lot �� from R-3 (General Multiple Family Dtivellings), to CR-1 (General Offices and Limited Businesses), the same being 961 Hilltvind Road N.�o ti;rith the stipulation that the rezoning is tied to the issuance of the Building Permit as per the plan th�t had been submitted to the Planning Commission. PLANPIING COMMISSIOr1 M�rTITdG - DFCT,T�IBI;R 7, 1977 Pa�e 4 Chairperson Fiarris explained that the reason for the stipulation vras "just in case�� something happened in the interim that �vould make it impossible for the petitioners to do what they � planned tirith that lot. Fie said that it ���ould be possible, ���ith the CR-1 Zonin� to put some other type of establishment on that lot that ��ra�ld noi be desirable for the area. r7r. Langenfeld indicated that after receiving the needed informa.tion from Mr. Boardman, that even thou�h it is, in a sense spot rezoning� he didn�t ieel it �vould be a hinc�erance to the particular area. He said that the type of rezoning and construction ��ould be compatible tivith the area. M�.. Boardman was not in complete agreement with the stipulation put on the request. Cha:i.rperson Harris said that it only indicated that the second reading af the Rezoning Ordinance e�ould be held until the issua.nce of the Building Permit. Mr. Langenfeld said that the purpose of the stipulation was to lae sure that that type of building �vent into the area and not something else that may be less desirable. Mr. Boardman read to tlie Planning Commission all the uses that could. be in a CR-1 Zoning. He said that, supposedly� all the uses of a CR-1 tiJOUld be cor�patible �rith the area. Ms. Schnabel said that she did not intend to vote aye for this motiono She explained tliat she felt that the requested construction �vould only add to the vast confusion already in existance along Hilly�ind Road. She said th�t the construction of the Sunclial Realty Com�any �+rould only add to the "clutter" of the area. She ti�ranted it to rer�ain as an R-3 Zoning and she lras not in favor of the ��spot rezoning". Mr. Boardman felt that the stipulation vrould infringe on the rights of the petitioner. Upon a voice vote, Storla, Oquist, Harris and Langenfeld voting aye; Schnabel voting nay� the motion carried. Mre Jim Villella of 5323 Matahorn Circle (representing Sundial Realty Company) asked permission to address the Planning Commission. P�Ir. Villella said that they rrere spending a lot of money on the property. FIe said that a lot rrith a CR-1 7oning was a valuable piece of property. He said that they had also spent a lot oic money on the plans for the buildi�g and �hey were going to try to go throu�h ���ith their proposed plans. � � �, .. �� PLAPdNIP1G C�NIMI.SSION P�irFTI�.TG - DrC �}�MBrR 7, 1977 Pa�e 5 Mr. Villella indicated that �'thing��' could happen. fIe said that they were purchasing the property contingent upon the� � rez�ning to CP,-1. He said that should anythin� happen to � the plans for their Real �state Office and they vrould have to sell that lancl or build something else; and if they rrere not able to builc� anfthing except a Rea1 Estate office, They could be out a lot of money. Chairperson Harris indicated that their request was to build a certain Real Estate office on that particular lot. He said that all the Plann.in•� Commissian i�ias doing ��ras that in good faith they apply and take out a building permit preceeding the second reading of the Ordinance that rrould make it final. He indicated tha.t if i-Zr. Villella intcnc�ed to build something else� then he should have said that �arlier. P�r. Harris sa�d that the s-tipulation merely ind�cated that they h�d to construct the building that they had shotired the Planning Commissiono Mr. Boardman indicated that the.Planning Commission�s stipulation on �he property vras �hat they did ap�rove the rezoning r,rith the stipulation tha.t the second reading of that rezoning be held uritil the Building Permit �ras issued for that proposed building. He s�.id that it di,dn�t indicate that after they constructed the building that they couldn�t sell the building; it merely indicated that the building could only be used for the purpose indicated for a CR-1 zoning. � Chairperson Harris said that the Planning Commission s�rantecl , th«t building, on that lot, and only used for the purpose a11c�tiJed under a CR-1 Zoning� � Mr. Oquist explained that that particular piec�e of property lvould not be rezoned until Sundial Realty takes out a Building Permit. Chairperson Harris said that actually t�hat cJas being stipulated �vas that Sundial Realty construct that building on that lot. Mr. Villella asked if they could take out a Building Perr�it on that lot �vithout oivning the land. He said that they are purchasing that lot contingent upon the rezoning of the lot to CR--1. Mr. Boardman indicated that usually a Building Permit is only issued to the property or�ner. Mr. Villella asked if the stipulation could be changed to indicate that it has to conform to the CR-1 alloc�able establishments crith the exception of Drug Stores. That tivay, he said, the Commission could eliminate their main �rorry. - - �- �- PL1�P1NIPIG COMP4ISSION ME�TINC - DECT�MBER ,7�1�77 . Pa�e 6 Chairperson Harris said that the Planning Commission r�anted to control ���hat 1�ent on that lot. He said that they revie:��ed the plans and had liY.ed nrhat they savr. They tivanted to be sure that that type of construction tivas put on that lot. He said that they ��ranted that building, on that �roperty. Mr. Villella said that they would be closing on the lot as soon as the lot ti�ras rezoned. He said that after that, they tivould submit their plans to the banl; for financing anci bidding and such. �ie said that there rras a possibility that it could take a certain period of time. He said that from the offset they have not been absolutely sure that they could build the builc�inb that hac? been �horm to the Planning C,ommission. Iie said that they didn�t desire to spenc� the money having the plans bici out and a.11 until they could find out if they could get the lot rezone�� He said that certain things had to be before other thin�s. He said that their first thing vras to get the lot rezoned. He said that you alvrays had to be prepared for ihe chance that something could go astray. Mr. Langenfeld said that his motion to approve the rezoning request had been made based on the fac� that he had had the chance to see the plans and he had the assumption that that �vould be the type of structure that vrould be put on that lot. �1 Chairperson Harris said that the motion vras merely a recommen�tation n to City Council. _ Mr. Villella said that he tiv�uld. like the Planning Commission to indicate something in their recommendation that �rrould allow them a li�tle fle�ibility in the construction. He felt it was unfair to tie him ico that exact building vJith no margin of flexibility. Ms. Schnabel restrictive. him a little agreed �vith NIr. She felt tiiat flexibility. Villella as far as being a bit something could be done to allovr MOTION by Mr, L�.ngenfela, seconcied by Mr. Oquist, to amend the original motion to recommend approval of' the rezoning request ZOA ;�77-04� by Sundial Realty Company: Rezone that part of the North 80 feet of Lot 6, Auditor's Subdivision rro. 25, lying easterly of the northeasterly right of tivay line of the outer drive of the State Trunk FIighti��ay �65� and tiJest of a line �253.20 feet ��est of the east line of said I,ot S, as measured at right angles to, and parallel tTaith, the east line of said Lot 6, from R-3 ( General Multiple I'amily Arrellin�s) , to CR-1 (General Offices and Limited Businesses), the same being 961 Hilltivind Road N.E. �vith the stipulation that a similar-like structure that r�ould remain compatibile ti��ith the area and allocring some flexibility that ti�rould ease any hardship that may be placed upbn the petitioner. �"\ PLAI�1PdIi`1G COh�MI>;IOTd 14�FTIrIG - DEC.�.�;NIP1�.R 7, 1�77 Pa�e 7 Mr. 0 uist a reed that the exact lan cannot be " " q � p pinned dotivn. �. �ie saic� that some flexibility cloes ha.ve to be allo��ed. He did indicate that he didn�t r�ant to see any more•apartment builciin�s going into the area; therefore, he ��ras more �.n favor of having the real estate office. Mr. Oquist said that the motion ti��as really only tyin� Mr. Villella do1�m to a similar-type structure. Chairperson Harris indicated that Mr. Villella had best find out if he ��ould be able to build the building. He felt it v�as that point in time for Mr. Villella. P�ir. Villella saici that they had done some of the preliminary ti•rork for the building. He said that it cras tied dorm as much as gos�ible. He sair� that until� the Building Permit cras taken out and the bank put a mortgage on the building, anything could happen. He said that they ��rere not 100/ sure that that exact building ��roulcl be constructed on that lot. Mro Vince Villella of 3625 Edv�ard Street NE said he felt that the stipulation ti�as out of line. He said that there tivere restrictions enough on i;he CR-1 Zone. Mr. Vince Villella said that he understood the motion to say that �hey don�t actually get the rezoning until the Building Pernit is applied for. He said that if that tras the case, n then they �rere b�ck to the original problem. He said that they could not close on the lot until they get the rezoning; tliey cannot get the rezoning until tney apply for a building permit, th�t cannot be issuecl to them unless they ojxm the lot. �� Chairperson Harris said that the motion c�ras the feeling of the Planning Commission, He said that if Sundial Realty had different feelings about the motion, then they should bring it to the attention oi the City Council since this �ras onl�T a reconimendation ta City Council. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. The amended motion �vas approved at 5:58 P.M. 2. CONTSPN�D: R��tT?;ST �'OR LOT SPLIT L. S, ;f 7-1 BY SUN�II�L RE �I,TY CO��7PI�PZY: SP T �i � T iAT F�1 T OF .P , AUD TOR 1 lv � 25, AS D�SCRIBED IN R�ZONIidG RE2UEST, TfI� SAI+�T� nEI1VG 961 HILZ;7IND ROAD N. E. 0 PL��c r,or•sr�zs �zorr t�rrTZraG - nrc �� PrR 7, � 977 pa�e 8 MOTION by Mr. Langenfeld� seconded by Mr. Storla, to approve the request for Lot Split� L.S. ,'�7?-14, by 5undial Realty Company: Split off that part of Lot 6, Auditor's Subdivision Tdo. 25� as describecl in rezoning request, the same being 961 Hill�rind Road IdE v�ith the stipulation that there be a dedication of the right-of rray and the extension of services. Upon a voice vote, Storla, Oquist, Harris, Langenfeld votin� aye; Schnabel votin� nay; the motion carried at 9:00 P.M. 3. PUBLIC H�AP,IPTG: RE�U�ST FOR �� SP�r,IAL USF PERMIT -,. _� � i:�, .; 0 PL �ZIT A FILM �a ,-� _, r LEY CITY CODE, S�CTION 205.101 � 3� ( I) , TO BE LOCATED IN TH� PARI�IPJG LOT, IIHICH IS PI�RT OF LOT 13, AUDITOR'S SUBDIVISION T10. � 55, THE S��PZE BEII�IG 250 57th 11V�I�N� N. �� MOTIOtT by I•Rr. Lan.genfeld, seconded by Mr. Oquist, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing �ras opened at 9:01 P,M. . Mr. Boardman explained that Holiday Village North �vanted to move their film shop outside to the parking lot. He said that there had been a stipulation on the lot that no outside lease operation could be granted. He indicated that the request tivas not a lease operation. He said that it would be owned and operated by Holiday Village. He said that it would be a pick-up/drop-off type operation in a booth in the parking lot. � Mr. Oquist asked if it would be permitted as long as it was a �ioliday Village Photo Shop. � Mr. Boardman said that when tY� it tirra.s a lease o�eration. He Council allocred that business, other outside lease operation that they had made it a point e Trailor Operation tivent in, said that at the time the City it put a stipulation that no ti�rould be permitted. He said to stipulate a lease operation. Mr. Oquist asked if the booth woulcl be attended. Mr. Bradley Steinman representing Holiday Village North said that it tivould be attended approximately 9:00 A.M. until 7:00 P.M. Mr. Langenfeld asked if this operation �vould add further to the traffic problem already existent at the Holiday Village P�orth store. Mr. Boardman said that the traffic problem 6vould be no more than it ��ras presently. Mr. Steinman said that the booth �rould basically be for the sale and developing of film. He said that the trend �vas to be .�ble to pick up your film ri�ht from your car. �1 � � �..�, PLI�NAtING C,OMMISSIOTI P�FT�TING - DEC,� i3rR 7, 197� P��e� � Chairperson Harris said that it appeared that there was �dequate parking at the Holida.y Village North store. Mr. Boardman said that there tivas adequate parking. He said that it ��ras Holiday Village's plans to relocate the garden shop next spring. He said that they intended to move it closer to the building. He said that Holiday Village had assured the City of Fridley that things would be done to improve the area. Mr. Steinman indicated that they ���ould be purchasing from the Lund t�lanufacturing Company attractive type litter containers. He said that instead �f using barrels, these ner� containers vrould look like beetles. He said that possibly these �vould attract people and thereby remind them to put their litter into a proper container. Mr. Langenfeld asked ti�ahat the dimensions of the building would be. Mro Steinman said that the booth �vould be 5 ft Z in x 9 ft 2 in. Ms, Schnabel asked if it tittould be a concrete slab. Mr. Steinman said that it ���ould be on a concrete s1ab, he said n there_tiT�ould be the proper curbing, there v�ould be electric heating inside the booth with proper illunination. Mr. �quist asked if the building tvas already constructed. NTr. Steinman said that it ivas a pre-fab buildingo Chairperson Harris as�sed if there tvould be any uiilities run to the booth. Mr. Steinman said that the electricity vrould be underground. MOTION by T�r. Langenfeld, seconcled by Nis. Schnabel, to close the Public I-iearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing ���as closed at 9: �3 P.M. _ MOTION by P�Zr. Langenfeld, seconded by Ms. Schnabel, that the Planning Commission recommend approval of the request for a Specail Use Permit, SP ,�77-15, by Holiday Village, Inc.; to permit a film processing drop-off booth, per Fridley City Code, Section 205;101,.3, (I), to be loc�ted in the parking lot, • ��rhich is part of Lot 13, Auditor's Subdivision No. 155, the szme being 250 57th llvenue r?.T�. �•�ith the stipulation that it ��ould be a Haliday Villa�e Inc. function anc� that in the event ^ that tlie Booth is movecl, that the concrete base also be moved from the area. Unon � voice vote, all votin� aye, the motion " carried unaniMOUSly. 0 PL�LNNINC COt�'�ISSION M�.rTIP1G - Dr^,CLMPER 7, 1977 � Pa�;e 10 L�.. i?UI3LT_G HEARTNC � ]2'?7�nrTTt�1('T P-,T;�T t�^,T, 7,� ��% 7?-05� RV R� C� COI?1'UP,!1T_TnrT: R';7,ppd'_; I�'ROi�I C-2S (GFN]:RAL SIIOPPIIJG AR�A�� n TO C-1 ( LOCAL �U.�IrTESS ARElI �) , L07.' 1, BLOCK 1, P�ARSOl`t � S FIRST ADDITIOIV� THE S��� BLING 7899 EAST RIV�R ROAD NE MOTION by Mr. Oquist, seconded by Ms. Schnabel, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 9:�5 P.I�i. Mr. Boardman said that this piece of property had gone through severa.l variances and rezonings. He said that it vras the intent of 7-11 Stores to build on that lot. He said that a condition of the last City Council a.�proval �ras that it tivas rezoned to C-1. He said that property �ras alreaciy zoned C-2So Mr. Langenfeld asked about the stipulations that had been requested for that property by a group of Citizens, Mr. Boardman indicated that there �uere 15 stipulations that ��rere incorporated as stipulations of a variance at ,a variance meeting held on A�iarch 15, 197?. He said that those tivere the sar�e stipulations that the Planning Commission may or may not ti�rant to put on the rezoning." Chairperson Harris read the 15 stipulations: 1. Extensive landscaping on the site; plan filed t�rith Planning Department. 2. Berming to be of sufficient height to protect the residents from automobile lighting. (as indicated on the plans) 3. Additional plants (as marked on the plans). 4. Entire building would be brick. 5. Buffer plantings incorporated �Rrith berm. 6. Lighting focused doyrn so as not to shine into the residential property ob�ner's vrindotiJS. 7. All blacktop adjoining green area to be separated by poured concrete curbing. 8. No egress from the developmer_t onto �ast River Road; ingress only. /"� PL�IVNIAIG COMMISSI�P1 t�rrTIPTG — Drr,rc�Br�t 7� 1977 � Pa�;e �� 9. Refuse area sllould have solid screen, no gate opening ^ anto the service drive, the portion not being used for refuse storage and handling to be used for plantings. 10. Sider�alk connection constructed to Lincoln Street. If an ' a�reement cannot be reached betvreen Meridi�n and Fudali, the sideti•ralk cannection �hould be constructed a.nyvray, but only on Meridian's pro�e�ty. This tirill offer property protection from nearby �esidents. 11. Parking moved do��rn to z0 feet to pick up additional room to enable cars� to face in instead of against each other. 12. Applicant r�ill petition.the City for rezoning fr�m C-2S to C-1 a.nd there r�ill be no contest on zoning change in future. 13, Easements to be dedicated to City of Fridley as noted on attached map. 11�. Applicant 1ri11 construct a deceleration lane from the driver�ay abuzting East River Road to the south. The deceler�ation lane is to be a 12 foot wide bituminous section tirith a 2 foot gravel shoulder and'is to extend south��rard frora the drivei�ray entrance 100 feet southtivard from the sot�th radius and then taper at 15:1 to tie � bacli into . the existing roadtivayo The typical section shal_1 consist of 8+' C�ass V b�se, 12�� asphalt bincler course (MHD 231�1) and 1�i� asphalt 1rearing course (MHD 2341) � A1l construction shall be in accordance lvith the Minnesota Department of �iighrrays Stanc�ard Specifications for High���a.y Construction dated J anuary 1, 1972, and as amended by Suvplemental AS�ecifica.ti on for Hightiray Constructian dated J �.nuary 1 , 1974. . 15. A bond covering the cost of all stipulated improvements i�rould be required. Chairper$on Harris pointed out that what tivas actually being done tivas the petitioner i�ras fulfilling No. 12 of the stipulations. Mr. Oquist asked if all the above stipulations �s�ere already� covered in a previous variance. Mr. Boardman said that these stipulations ��rere placed by City Council. iie said that the petitioner �vas nocr requesting the rezoning to fulfill No. 12 of the stipulztions. MOTION �y Mr. Langenfeld, seconcled by ris. Sclinabel, that the Plannin,r^, Commissic.�n r�ceive a letter from AIr. John �enton, the Pro�erty I�iana�er of the tiead�ci Run :lpartir�ents, indicuting the they rrer.e in favor of the rezoning of tlie property ir. � nu�stion. Upon a voice vote, ��11 votin� zy�, the motion cai.rie� unanimuusly. PLANNING COl-2t�IIaSI�rT P�IrrTIA1C _ nrc ;��f3ER 7, 1977 p�p�e 12 Mr. Langenfeld said that it v�as his understanding that these stipul�tions, if incorporated, there vrould be no problems as far as the rezoning ���as concerned. In other erords, he sai�l, the rezor�in� �ra� fine �rith the citizens as long, as all the stipulations ti�ere met. Chairperson Harris confirmed tvhat Mr. Langenfeld said. Mr. Boardman shoti•red the Planning Commission a plan of the 7-11 Store, Mr. Oquist asked about stop lights at that intersection. Mr. Boarc)man said that the City had asked for lighting at that intersection. :ie said that the County saicl that there rras no �rarrant for a trafiic light at that ini;ersection. He indicated that City felt that enough traffic rras generated at th.at point. He cras relatively sure that traffic lights �vould eventually be put at that intersection. I�Zr. Storla. had to leave the meeting at 9:25 P.M. due to a previous commitment. Mr. Oqtzist said that it vrould be called a neighborhood convenience center. He pointed out that there zJOUld probably be more than a 7-11 store on that prope�ty. Chairperson Ha.rris said that there tiroulci be something other than the 7-11 Store� howrever, he vras not certain tivhat. He read what ��ras allovred in a C-1 Zone. The Planning Commission pointed out that there had been a typographical error in the Public Hearing Notice that indicatecl the rezoning �vas from a C-2S to C-15. They felt that the rezoning request t�vas from a C-2S to C-1. They decidecl to handle the request as a C-1 and make their motions as such. If PZr. Board�rnan found out that they i�rould have to re-publish and re-notify the adjacent property otivners, then it ���ould �also have to re-appear before the Planning Commission. Mr. Langenfeld said that without question they vrould have to again consider the requests of the citizen group. Ms. Schnabel said that those requests had already been considered and the City Council stipulations hac� stated that the request ti�aould go through and be rezoned erithout any contest on the rezoning. MOTION by Mr. Lan�enfeld, seconded by P�s. Schnabel, to close the Public Hearing. Upon a eoice vote, all voting aye� the motion carried unanimously. The Public Hearing ��r�s closed at g: j3 P.Tq. �1 � �"� PLANPJING COMMSS �ION M� � INC - DFCT�,MBFR 7, 1977 , pa�e 1 3 MOTIOId by Ms. Schnabel, secon�ed by Mr. Langenfeld, that the Planna.ng Commission recommend approval of the Rezoning Request, Z01� /�77_05, by R�C.E. Corporation: Rezone from C-25 (General n Shappin� l�reas) to C-1 (Local Business �lreas) , Lot 1, Elock 1, Pearson's First Addition, the same being 7899 East River Road riE. t�Is. Schnabel saici that it woula not be necessary to incl.ude aZl the siipulations in the motion since City Council had alreacly made them. P�Ir. Langenfeld pointed out that the Citizen Group tvould not contest such a rezoning as long as the stipulations rrere met and they had already been pre-arranged prior to the request. UPON A VOIC� VOTE, all voting aye, the motion carried unanimously� R 5. PUBLIC HEARIP?r• ���p}�(}pp;S�� _PRw"f TA�fTrrnnv �r nm �ERT �.5 A�DI`T`Ini•T Bv '��THtT� L FR�T� P. S. �77 Orf � G: BEING �1 R�PLAT OI' LOT 19, ��C�PT THE J!;ST 190 FELT TH �R�OF: ?�tD E�CF,pT T��� ��JEST 17 FEET TAK�'l�d FOR HIGH��VAY PURPOSLS: APtD THE !JEST � ��F7.7�+ F�ET OF LOT 18, A�L Trj 11UDITOR'S SUBDIVISION N0. 1 Z9. ( THIS PRELIP��IN�±RY PLAT R��'PL 4CTS CENTRILL TOtJNFiOUSE PLAT (TJOT R�CORDED) APdD IS GEN�R�iLLY LOCATED AT THE I2TTERS�CTION OF 73r.d AVL'I�TUE AND CErdTRAL AVEIdUE N� E. � P�OTIOTT by I�Zr. Langenfeld, seconded by l�is. Schnabel, to open the Public I�earing. Upon a voice vote, all voting aye, the motion �''1 carried unanimously. The Public Hearing ti�ras opened at 9:36 p.M. Mr. BoardMan sho�red the Planning Commission a Plat of the area. He inclicated that ��r11at tvas being proposed b�as ten lots tha� tivould be designed for duplexeso He explaine� that the proposal ���as to run the street thraugh and have it cul-de-sac�d. He said th�t the City of Frid.ley liud requested that the petitioner atternpi to purehase an adjacent lot. He indicated that the person oti�,ming that lot did not ��ish to sell. Mr. Boardman said that it �ras felt that the �roposed development crould be better if the duplexes could be se.rved by a better road system. �ie indicated that ihe ovrner of the acijacent property did not l�ish to sell to NIr. Fretag. He said that the ac�jac�nt property c�ras zoned commercial and the otJner vrished to sell the�lot as commercial. Mr. Boardman pointed out th�t NIr. Fretag s lot �las zoned as R-3, ChairPerson Harris said that the only tinay to be able to put another street in tirould be to condemn land for the right of ���ay, trhich. tivould, then, make the ad jacent lot unbuildable as a Commercial lot. P�;s� Schnabel didn�t believE that the City Council rrould condemn land for . a right of �vay since there ti�rould be an alternate ti=ray n to reach the duplexes, �.�..: PLANNING C�MMISSION MFETIrIG - nEC£1'�BLR 7, 1977 Pa�e 14 . _ . Mr. Fretag of 3106 - 61st Avenue North indicated to the �'lanning Commission that both he and Mr. Evert Sv�anson of �1 258 '�9indsor Lane ( the property ovrner) had approached the neighbor directly Nor�h of his property and offered them $20,0�0 for the back 1/3 of the lot,and the additional 25 feet that �vould enable them to run the road into tlle area from Central Avenue. He said that the neighbor had refused the offer. He said that they had tried to come up �vith other alternatives, but none of them seemed advantageous to Mr. Swanson. . � Mr. Boardman said that he did understand that Mr. Fretag had tried to purchase the land from the neighbor. He vras only saying that another alternative vrould be to have the city conclemn the land for the road right of vray. He saicl that he �rasn't telling the City they should, just that it `eould be another alternative for the petitioner. Chairperson Harris said that by using condemnation to get the road right of ZTray, the Ciicy may encl up having to pay for the entire lot because by taking that 30 feet, it ��rould almost make the lat unbuildable as a C-1� Mr. Boardman said that it could be buildable as C-1 since the Code indicated minimum fr�ntage of 160 feet or a total lot size of 20,000 square feet. He said that 'che remainin� n lot, after the condemnation, tivould be jus-c about 20,000 sq ft. Chairperson Harris asked if all the petitioner's proposed lots met all the requirements. � . Mr. Boardman indicated that Mr. Fretag's entire plan met all the requirements. Chairperson FIarris asked hotiv the area tivould be serviced. Mr. I're�ag said that all the service t��ould be underground. Ms. Schnabel asked �.f all the duplexes ��ould be built at once, ancl if they <<rould be built for sale purposes. Mr. Fretag said that until the �reather got better, they �vould only build one duplex at a time. He said that they erould yiorli on more than one at a time once the ti�reather got �varmer. He indicated that all ten of them vrould be completed in a 12-month period of time. He also indicated that all of the duplexes would be built for sale purposes. Mr. I'retag said that there rrould be 1,150 square feet per unit and that the units :•rould be 2-story units. He said that the units �vould be priced in the �690,000 bracket. � PLANTJING C�1��I�fIa �IOI�i I�irrTING - DrC,r[�TRi;R 7, 1977 Pa�;e 15 Mr. Virnig o s3.��, that he � this property irivo]:ved tiirith passed on to He said that � � f 1365 - 73rd Avenue NE (adjacent land oivner) hacJ the same:comments th�t he had previously when h�d been discussed. fIe cia.nted� any asse�ssments the property to be absort�ed by th� area and not the adjacent landotiJners in form of t�es, etc. he hacl no objections to the plan. MOTIOTJ by Mr. Langenfeld, seconded by Mr. Oquist, to close the Public Hearing. Upon a voice vote, all votin� aye� the motion carried unanimously. The Public Hearing ��ras closed at 9: 58 P.T�7. AZOTIOIV by A2s. Schnabel, seconded by P-Zr. Langenfelci, that the Planning Commission recommend �pproval of the proposed prelir:�in�+ry Plat, P�,",� =�77_p7, �,vert's Addition� by Arthur L. Fretag: Bezng a replat of Lot 19, rxcep� the East 190 feet thereof; and except the l7est 17 feet taken for high�aay purposes; and the r�est 11+7,74 feet of Lot 1$, all in Auditor's Subdivision No. 129. (This prel��ninary plat replaces Central Totimhouse Plat} (Not recorcled) and is genera?1y located at tre intersection of 73rd Avenue and Central Avenue N.E. tirith the understanding that as approved in the preceeding re-plat request that the assessments for the curbing� se�vers, vrater, be assessed to the Peti�ioner and not assessed to the adjacent property ovrners. Also that the easements as.sho�*rn on Exhibit A be dedicated and that the property to the East of the access road be dedicated to the pro�erty o��mer at �365 - 73r� Avenue NE as shovrn on �xhibit A. Upon a vaice vote, all voting aye, the motion carried unanimously. Cnai.rperson Harris declared a ten minute break at 10:04 P.M, Mr. Oquist left the meeti.ng at 10:01� P.M. due to a previous co�mitment. 6. CONTINUED: P.�RK Px OPL'N SP�10E PL!�IV Mr. Boardman commented that at the previous Planning Commission meetin� the stace�ient had been made that the reason for the Park � Open Space Plan being done tiaras for func�ing purposes. He said that that statement had nat been true. He saic� �hat the reason for Parks and O�nen Space plan ��as to direct park development for the City of Fric�ley for the purpose of getting a better system than r�hat they had in the City. Mr. Boardman also comrlented that it had been previous meeting that the Parks & Open Space ti•rorking document. He felt that there had to the attitudes of. the Parks and Recreations commitments made to �eet an overall plan. stated at tlie Plan rras not a be changes in Commission and s . ,.��.1..w.,. PL�IVNINC COP�1t�lISSION M�, �TSNr - n� ER 7, 1977 Pat�e 16 ChairperUon Harris said that he had gone to the City Council tilor�.shop meetin� on Idovember 28� 1977, and brought up the point of a.c�ui�ition of �nar�; Property. Iie sai� that the � Citq Council inr3ic��.ted they rrould con�ider t�kin� priv�te lancl for park purposes under special conclitions. fIe said that they did nat state any specific guidelines. He said that each indivic�ual park tiaould be nandled as an individual case. Chairperson Harris felt that it should be indicated on page 20 of the Parks and Open Space Plan that it vrould be considered. Mr. Boardman suggested inserting the tirrords �TProven need for" in the section of ��Acquisition�' in Preighborhood Areas. Chair�,erson Harris also su�gested taking out the percentages on page 20. The Commission members agreed.tivith his suggestion. Page 22, C. Regional Park Ms. Schnabel and P�Zr. Boardman collaborated on the ti��ording and it t��as agreed by the members of the Planning Commission to change the crording to,"Regional P ark: An area of Natural Ouality oriented totivards open space activi�ies. Regional Parks usually contain at least 100 acres and are located ��rhere natural resources occur". P age 22, D. Community P ark Mr. Boardman suggested the item be re�;rorded to, �'Community Park: An area of natural or ornamental quality for passive outdoor recreation and some field or court games. A Cor�munity park usually consist of 25 to 50 acres and are placed in proximity to other com�unity facilities and are rrithin easy reach of �11 residents of the community,." The members of the Planning Commission tivere in agreement. P age 22� E. Community Playfield The Planning Commission suggested revrorciing the item to, "Community Playfield: An area for intense recreational facilities, such as athletic fields, consisting of 25 to 50 acres pla.ced, ��hen possible, in close proximity to secondary schools or other community facilities.�t They ti��anted the term sti=rimmin� pool removed from the definition. � � �"'� �"1 PLAl`1T�IING ��P�1��[Ia �ION MEETING - nEC �'f:MBI�;R 7, 1977 Pa�e 17 Page 22, F. Nei�hbonc��od Park Play�round: The Pl;�nnin� Commission agreed th�t that item rras ��rorded OI{. Page 22, G. Mini Park Ms. Schnabel suggested that the item be re�vorded to, 'rr7ini Park: t4ini Parks are specia.lized facilities serving a concentrated or limited population or specific groups and should be located 1=�ithin ���alking distance of those areas not served by larger park sites. They should be less th�.n 1 acre in size.�' The other members of the P1� nnin� Comraission a�ree� y�ith the leaving out of the terrns, �isuch as tots or se�ior citizens��. Page 22� �I. Open Space Mr. Boa.rdman suggested that "H. Onen Space/Linear Park. percentages should be left H be retsrorded He also said out oi all the to, that any descriptions. Chairperson Harris said that Tables 2,3,4, & 5 shoulc� be left out. He said that the dravrings could be left in and that some of the concepts should be integrated into the definitions of the parks & Opens Space Plan. Page 23, Recommendation 2 Mr. Boardr�ian said that he �Rrc�uld indicate thai the Planning Commission had many questions ori the recommendation. Chairperson �Izrris said that it see�ed like the recommenclation sug�ests reserving land for possible future use. He ti�ranted it clarified. Page 23, F.ecommendation 3 Mr. Boardman said that rrhat had to be done �ras to insure that park facilities are available to service the population, that cre don't double-up on the services. It should service the needs ancl not over- service the population. He said that tlie objective laas to develop an order of parl� facilities that t�rould be flexible to the changin� needs of the population. Mr. Bo�rdman that it referred to the compatibility of the different uses in the parks and each of the areas should b� developed accordin�ly. PLI�I!m1ING C�i�t�IS �IOTT P�[ET;TINC - DECT�7ET�;R 7, 1977 Pa�e 1� ,- Mr. �3oa.rdman said that he ti�rould look into the actual �urpo�.� Of thi..:� recomMen��a.tion an:� let the F�lannin� Gonimi��ion r.no?•� 1•�ha.1; it ;�ras tr�in� to accotnplish. Page 23, Recommendation 4 The Planning Commission ��as in agreement vrith that recommendation. Page 23, Recommendation 5 It 1�as clecidecl by the Plannin� Commission that this recor.lmen�3ation bel�ngec: uncier Gbjective 3. P age 23� Objective 2, Policies 1� 2 The Planning Commission agreed tivith these items. P age 23, Recommendation 1 at the bottom of the page The Pl�nning Commission suggested leaving out the tivord "immediate". P age 2�.� Recommendation 2 The Planning Commission sug�;�sted leaving out the rrord 11Early�� . n Page z1�, Recomnend.ation 3 The Planning Commission agreed with the item. P�ge ZL; � Recommendation �.. Mr. Boardman said that the recommendation �xras to either develop the p�rks inc�icated unc?er the recommendation as park property or else be dedicated or solci. It i'ras suggested by T�Ir. Langenfeld and I��s. Schnabel to ac�d a Recommend�tion 5 under Objective 2. It tivould be `rorded, "Conservation of Energy and Protection of facilities from vandalism". MOTIQN by NTs. Schnabel, seconded by r�r. Langenfeld to continue the Parks & Open Space Plan. Upon a voice vote� all voting aye, the motion carried unanimously at 11:42 P�Ni� 7. RECEIVE COP�It�iUNITY DE�OPP�IIVT CONlAZISSION MINUT�S: NOVII�ZBER 15, 1977 A20TIOid Uy TIs. Scnnabel, seconded by RZr. Langenfel.d, to receive the Community Development Commission minutes of November 15� 1977. „_�-- PLIINNITdG COMMISSIOPI M�1;TIP1G - nrc , BI;R 7, 1977 Pa ,e 19 i�ir. Langenfeld askecl if the Planning �Commission Mr. Ron Lokken from ]3loomington to talk to the ,�, re�ardin� the Proposed Pdai�e Control Ordinance �r�s h� nclled in 131oorain�ton. �"\ � ti�rould like Commission and hocr it Chairperson IIarris said that that tvoulcl be agreeable and informa�ive. • UPON A VOIC� VOT�, all voti:ng aye� the �otion carxied.unanimously. The minutes tirere received at 1 1;1�1� p�Pq, 8. RECEIVE 1�PPJ1ILS COP�IMISSIOPT MINtTTES • NOVIItZLER 2, 1977 P�OTION by Ms. Schriabel, seconcled by P•ir. Lanoenfeld, to receive the l�ppeals Comnission minutes of i�lovember Zg, 19?7� Ms. Schnabel indicated that the discussion on Council �lction on V�riance on sign for Real Estate 10 at g51 Hilllvi.nd Road T?E had occurred because at the time the �ippeals Commission first heard the request they didn't have the pictures. After the meeting the Staff person had gone out and tal�en pictures de�ictin� the visibility of the Real Estate 10 building on Hilllrinci Roac� rtE from Interstate 694. She saic� that at the folloti�ring Appeals Commission meeting, tY�e Commission sa�ir the pictures and the Commission felt very differently about the decision ihat they had previously made. The Commission had asked that the nictures be sn.o1m to the City Council at the time of the request and that the Appeals Comr�ission's feelings be expressed. She said that the Appeals Cominission had not been sure that that had happened. She said that she had stated at the ?�7�peals Cammission that she sometimes felt that at the time the petitioners have to appear at previous Commissions before they appear beiore the City Council it is like a trial run. She said that ti•rhen the �etitianer gets before the City Counci.l they have it all figured out as to horr to state their c ase. UPON A VOICE VOTE, all voting aye, the motion carried unanimausly. The minutes ti��ere received at 11:51 P.M. 9. •�CrIVr PA�I;:S MOTION by 1�Zr. Langenfeld, seconc3e� by r�s. Schnabel, to receive the November 28, 1977, minutes of the P arks �; Recreation Commission. Chairperson FIarris asked ti}that 1�►as � attempted to be accomplished by handling the A�p].ications of Naturalist/Resource Coordinator position in the manner described. I�•ir. �oardm�n said that he �rasn't sure rrhat �;he position ���auld involve. He.explained that the previous person had accepted �nother position. UPOId � VOICC VOTL, all voting �ye, the motion carried unanimously. The minute� ;.�erc rece� v�c? �t 1 1:,53 r- ,rg. Pr�AI�1IIT.NC COI2�iISaIOPT P•?ErTID1G - nrcr.r��r� �, 1977 Pa�;e 20 10� R ;r,T;IV ; ;�TTVIROrII�-ZT;PdT11L �?U�ILITY COP��lI �SIOTd MIPiUT�S: I�TOV i' 1�1P �:� ?_2 � 1�77 T�IOTIOI�1 by Mr. La.ngenfeld, seconc�ed by AZs. Schnabel, to receive the November 2z, 1977, minutes of the Environmental �uality Commission. Mr. Langenfeld said that he had taken it upon himself to define the terms used in discussing the Noise Pollution Ordinance because the terr�is are used so often and many times people don't even knor� ti�rhat the v�ords mean. UPOTT � VOICE VOT�, all voting aye, the motion carried unanimously. The ninu�tes rrere receivec� at 11:55 P.T�. 11. OTHLR BUSIN�SS Mr. Board.man commented that many people in the Commissions �rere goino to conferences� etc. He said thai it should be upon the Commission to approve tirhether or not a rnember goes �to a conference or not and then be sure that monies a.re av�ilable. Mr. Boardman exPlained several for by the City of Fridley and �luzdings approved. fundings that had been applied the programs that. already had NIr. �oardman explained the proposed biketi�ray system to the Planning Commission. ADJOURN��E1�T r�OTION by AZs. Schnabel, seconded by r�:r. Langenfeld, to adjourn the '�ecer:i�er 7� 1977, Planning Cor,�nission meeting. U�on a voice vote� all voting aye, the motion carried unanimously. Chairperson Harris c�eclared the meeting adjourned at 12:09 A.M. Respectfully submitted� N1aryL e Carhill Recording Secretary �`1 � ' _�,�`